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Agenda Packet 09-11-01
· '-' 'wi SEPTEMBER 11,2001 9:00 AM BOARD OF COUNTY COMMISSIONERS MEETING AGENDA WELCOME GENERAL RULES AND PROCEDURES Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA- These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA ITEMS- Proclamations, Presentations, Public Hearings, and Department requests are items which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS- These items are usually heard on the first and third Tuesdays at 7:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 AM., then public hearings will be heard at 9:00 AM. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone 'A'Ìshing 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 'A'Ìll ask for public comment, (4) further discussion and action by the Board. ADDRESSING THE COI\1MISSION- Please state your name and address, speaking dearly into the microphone. If you have backllP 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 AM., unless other'A'Ìse 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 'A'Ìth 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. \.of -...I www.stlucieco.gov AGENDA September 11, 2001 9:00 AM. INVOCATION PLEDGE OF ALLEGIANCE 1. MINUTES Approve the minutes of the meeting held September 4, 2001. fiAXMtd. 2. PROCLAMATIONS / PRESENTATIONS I ANNOUNCEMENTS A "Presidents Commendation 2001 Grounds Crew Award" - Pete Keogh, Parks & Recreation Director, will present a plaque to the grounds crew at Thomas ]. White Sports Complex. This award is determined by the League Field Managers and Pitching Coaches of the Florida State League. B. Resolution No. 01-201- Proclaiming the week of September 10, 2001 through September 16, 2001 as "Florida Industry Appreciation Week"and designating September 13, 2001, as "Business apd Industry Appreciation Day" in St. Lucie County, Florida. APP (Of(6 c. Announcement / The Board of County Commissioners will hold a Budget Workshop to discuss Capital Projects and other budget issues today. September 11, 2001, immediately following this Board of County Commissioners Meeting in Conference Room 3. D. Announcement / The Board of County Commissioners will hold a workshop with the Department of Environmental Protection today, September 11. 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. E. Announcement / The Board of County Commissioners will hold a workshop to discuss Airport Noise on September 28, 2001 at 10:00am in the Commission Chambers. " '-' -...I REGULAR AGENDA SEPTEMBER 11, 2001 PAGE TWO 2. PROCLAMATIONS / PRESENTATIONS / ANNOUNCEMENTS (CONTINUED) F. 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. G. Announcement / The Final Budget Public Hearing will be held on September 13, 2001 at 5:05 pm in the Commission Chambers. H. Announ~ement / The Official Opening of the South County Regional Sports Stadium will be on September 28,2001 at 6:45 pm. . 1. Announcement / The Oxbow Eco-Center will be open to the public, featuring the "Florida Your Backyard" Exhibit on October 27, and October 28, 2001. ]. 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. 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA ?11td C ~C{ J C-6t\¡ C-.~ ?J - PPP(Ò{~~ )UJ1/LS ~ L-IuJvY· PUBIJC HEARINGS COUNTY ATTORNEY 5A Resolution No. 01-198 / Right-of-way Abandonment / Holm Road - Consider staff recommendation to approve the resolution, instruct staff to publish the final Notice of Abandonment, and record the resolution, Proof of Publication of the Notice of Public Hearing and the Notice of ~bandonment, in the Public Records of St. Lucie County Florida. ~Vl£'cY " '-' .".; REGUL4R AGENDA SEPTE1\ŒER 11, 2001 PAGE THREE PUBliC HEARINGS (CONTINUED) COŒ\rrY ATTORNEY (CONTINUED) 5B. 2001 Economic Development Ad Valorem Ta.x Exemption Application / TJ Truss Corporation - Consider staff recommendation to adopt 9' rdinance No. 01-14 as drafted. Avyro'J\et 5C. 2001 Economic Development Ad Valorem Tax Exemption Application / Twin Vee Powercats, Inc: - Consider staff recOmmendatiOl\.~o, adopt 'Ordinance No. 01-15 as drafted. t\P17{ J ~ Ed . 5D. 2001 Economic Development Ad Valorem Ta.x Exemption Application / Matt Stone East, Inc. - Consider staff recommendation to ado~t Ordinance No. 01-17 as drafted. ftpprðJ~Q . 5E. 2001 Economic Development Ad Valorem Ta.-x Exemption Application / County Electric Supply Co. Ltd. d/b/a Tamlite Lighting - Consider sta~~ recommendation to adopt Ordinance No. 01-19 as drafted. ApÇXð~ SF. 2001 Economic Development Ad Valorem Ta.x Exemption Application / Convergys Customer Management Group Inc. - Con,sider staff recommendation to adopt Ordinance No. 01-20 as drafted. fi1:1¥ð\I\.f:.O- 5G. 2001 Economic Development Ad Valorem Tax Exemption Application / Florida Marble Industries, Inc. - Consider staff recommendation to adopt Ordinance No. 01-18 as drafted. App(ð{d CŒvfMUNlTY DEVELOPMENT 5H. Development Agreement DV A 01-001- Consider staff recommendation to approve the development agreement between the Board of County Commissioners of St. Lucie County Florida and the Westchester Development Company respecting the proj~ct to ~e known as the W,e,st., chester Development of Regional Impact. )(2"d Public Heanng) frVprô~ +-0 (f)f}Jn6 cJ-~t End of Public Hearings ~ -...I REGULAR AGENDA SEPTEMBER 11, 2001 PAGE FOUR 6. PUBLIC WORKS A. Resolution No. 01-162 / South Hutchinson Island Regional Wastewater Management System / South District MSBU / Construction of a Regional Wastewater Treatment, Collection and Re-use Water System - Consider staff recommendation to ado.>pt the resolution appr9ving tl},\Final Assessment Roll. AQJprCAJ«J: 1f~D COtr/lef.)CJ~ßr\t) B. Resolution No. 01-163 / South Hutchinson Island Regional Wastewater Management System / North District MSBU / Construction of a Regional Wastewater Treatment Plant Facility / Reservation of Plant Capacity - Consider staff recommendation to a.dopt the resolution é!Pprovin~he Final Assessment Roll. f1¡J pr òV w f - Ò (ðtH(LM- at;)f)J2ii ) C. Resolution No. 01-164 / South Hutchinson Island Regional Wastewater Management System / North District MSBU / Collection, Transmission and Disposal Facilities (Conveyance Facilities) - Consider staffrecommendation to adopt the resolution approving the Final Asse~sment Roll. __ \ COMMUNITY DEVELOPMENT f1pproll-Lci 1~o (f/JJu¡.fj)- ~/ 7. Resolution No. 01-133/0uasi-Tudiciall Pine Summit Apartments - Consider staff recommendation to approve the resolution granting a Major Site Plan Approval for the project to be known as Pine Summit Apartments. Location: northwest quadrant of Prima Vista Boulevard and Lennard Road, just south of the Vista St. Lucie Project. Approvvd ;¡~{) (1iJ¿l.f/'l.1/:F~ AIRPORT 8. 9. Proposed Airport Radar System - Consider staff recommendation to approve the use of $25,000 from Airport reserves for HNTB to analyze the proposed radar system options at St. Lucie County International Airport. This report will provide guidance as to the most appropriate action to provide low level radar coverage at the Airport. The report will be presented to the Board in December. ttfJPfUiI{& 5-0 Manual Revision - Consider staff auth rize the Chai man to sign the COUNTY ATTORNEY Resolution No. 01-102 / Purchasing recommendation to adopt the resolution resolution. Af:ðJ/oJd ~-O ADMINISTRATION 10. Bi-weekly Committee Reports - The Board will give updates on the various committees and advisory boards that they serve on. '-' CONSENT AGENDA SeDtember 11. 2001 ...., 1. WARRANTS LIST Approve warrants list No. 49 2. P.A.RKS AND RECREATION A Equipment Request No. 01-285 /Budget Amendment No. 01-175 - Consider staff recommendation to approve the equipment request and budget amendment for the replacement of Motorola Radio PR40-4786. E. Pepper Park Backstop - Consider staff recommendation to approve the use of Park "Au Impact Fees in the amount of $6,000 to construct a softball field with backstop. C. Revised.' Equipment Request No. 01-301 and No. 01-303 / Budget Amendment No. 01-185 - Consider staff recommendation to approve the equipment request and budget amendment to purchase a computer and printer for the Savannas Recreation Area. D. Revised Equipment Request No. 01-105 / Budget Amendment No. 01-181 - Consider staff recommendation to approve the equipment request and budget amendment for the additional funds needed to purchase a replacement computer for the Recreation Division Office. 3. COUNTY ATTORNEY A Permission to File Suit - Consider staff recommendation to grant permission to allow the County Attorney to file suit against Richard and Angela Spikes to require the removal of unserviceable vehicles and the termination of their operation of an auto repair business in a residential neighborhood for property located at 1101 Hartman Road, Fort Pierce, Florida. B. Allstate Litigation E....'Pense - Consider staff recommendation to grant permission to transfer funds to cover litigation expenses. C. Resolution No. 01-202 - Consider staff recommendation to approve the resolution approving a financing lease with Sun Trust Leasing Corporation for the Purchase of Computers from Howard Computers. D. Non-Exclusive Agreement Extensions with Treasure Coast Refuse Corp., Choice Sanitation, Reelstone Development Corporation d/b/a Whispering Creek Village, Freedom Waste Removal, Overland Services, Inc., Waste Management, Florida Recycling Services and Ocean Resorts Co-Op - Consider staff recommendation to approve the extensions and authorize the Chairman to sign the extensions. '-' ...I ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT BOARD OF COMMISSIONERS John D. Bruhn District 1 Doug Coward District 2 Paula A. Lewis District 3 Frannie Hutchinson Cliff Barnes District 4 District 5 AGENDA September 11, 2001 þ 1. MINUTES 2. Approve the minutes of the meeting held August 28,2001. . 0 GENERAL PUBLIC éOMMENT m(O~ It) ~y ~ CONSENT AGENDA 1. WARRANTS LISTS Approve Warrants List No. 49 and No. 49. 2. MOSQUITO CONTROL A Metal Culverts, Inc. / Second Amendment to October 1, 1999 Agreement - Consider staff recommendation to approve the Second Amendment and authorize the Chairman to execute the amendment. B. Adapco, Inc. / First Amendment to September 12, 2000 Agreement - Consider staff recommendation to approve the First Amendment and authorize the Chairman to execute the amendment. C. Clarke Mosquito Control Products, Inc. / First Amendment to September 11, 2000 Agreement - Consider staff recommendation to approve the First Amendment and authorize the Chairman to execute the amendment. NOTICE: All proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record ofthe proceedings and for such purpose may need to ensure that a verbatim record ofthe proceedings is made. Upon the request of any party to the proceedings, Individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. '-' '...I SEPTEMBER 11, 2001 9:00 AM BOARD OF COUNTY WELCOME GENERAL RULES AND PROCEDURES Attached is the agenda which 'A'ÌlI determine the order of 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 AM. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone 'A'Ìshing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the Board. ADDRESSING THE COMMISSION- Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies ready for distribution. NON-AGENDA ITEMS- These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC CŒvWENT- 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 heId on the first and third Tuesdays of each month at 7:00 P.M. and on the second and fourth Tuesdays at 9:00 AM., unless other'A'Ìse advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Arinex 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 'A'Ìth a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. '-' -...I www.stlucieco.gov AGENDA September 11, 2001 9:00 A.M. INVOCATION PLEDGE OF ALLEGIANCE 1. MINUTES Approve the minutes of the meeting held September 4, 2001. 2. PROCLAMATIONS / PRESENTATIONS I ANNOUNCEMENTS A "Presidents Commendation 2001 Grounds Crew Award" - Pete Keogh, Parks & Recreation Director, will present a plaque to the grounds crew at Thomas J. White Sports Complex. This award is determined by the League Field Managers and Pitching Coaches of the Florida State League. B. Resolution No. 01-201- Proclaiming the week of September 10, 2001 through September 16, 2001 as "Florida Industry Appreciation Week"and designating September 13, 2001, as "Business and Industry Appreciation Day" in St. Lucie County, Florida. C. Announcement / The Board of County Commissioners will hold a Budget Workshop to discuss Capital Projects and other budget issues today, September 11, 2001, immediately following this Board of County Commissioners Meeting in Conference Room 3. D. Announcement / The Board of County Commissioners will hold a workshop with the Department of Environmental Protection today, September 11, 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. E. Announcement / The Board of County Commissioners will hold a workshop to discuss Airport Noise on September 28, 2001 at 10:00arn in the Commission Chambers. '-' ..,.I REGULAR AGENDA SEPTEMBER 11,2001 PAGE TWO 2. PROCLAMATIONS / PRESENTATIONS I ANNOUNCEMENTS (CONill\'UED) F. 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. G. Announcement / The Final Budget Public Hearing will be held on September 13, 2001 at 5:05 pm in the Commission Chambers. H. Announc,ement / The Official Opening of the South County Regional Sports Stadium will be on September 28, 2001 at 6:45 pm. , 1. Announcement / The Oxbow Eco-Center will be open to the public, featuring the "Florida Your Backyard" Exhibit on October 2ï, and October 28, 2001. J. 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. 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA PUBUC HEARINGS COUNTY ATTORNEY SA Resolution No. 01-198/ Right-of-way Abandonment / Holm Road - Consider staff recommendation to approve the resolution, instruct staff to publish the final Notice of Abandonment, and record the resolution, Proof of Publication of the Notice of Public Hearing and the Notice of Abandonment, in the Public Records of St. Lucie County Florida. '-' ...".¡ REGULAR AGENDA SEPTEMBER 11, 2001 PAGE THREE PUBUC HEARINGS (CONTINUED) COUNTY ATTORNEY (CONTINUED) / /,~. ~\ :--'1 ;>13. /fJ..;¡i 5C. 3 !'o / .:J I . 5D. 1 3. 3 0 , 5E. lÃ'¡ tv/ SF. 2001 Economic Development Ad Valorem Tax Exemption Application / TJ Truss Corporation - Consider staff recommendation to adopt Ordinance No. 01-14 as drafted. 2001 Economic Development Ad Valorem Ta.x Exemption Application / Twin Vee Powercats, Inc: - Consider staff recommendation to adopt Ordinance No. 01-15 as drafted. 2001 Economic Development Ad Valorem Ta.x Exemption Application / Matt Stone East, Ine. - Consider staff recommendation to adopt Ordinance No. 01-17 as drafted. 2001 Economic Development Ad Valorem Tax Exemption Application / County Electric Supply Co. Ltd. d/b/a Tamlite lighting - Consider staff recommendation to adopt Ordinance No. 01-19 as drafted. 2001 Economic Development Ad Valorem Tax Exemption Application / Convergys Customer Management Group Inc. - Consider staff recommendation to adopt Ordinance No. 01-20 as drafted. 2001 Economic Development Ad Valorem Tax Exemption Application / Florida Marble Industries, Inc. - Consider staff recommendation to adopt Ordinance No. 01-18 as drafted. /~5G. /<:1.J - /}) . /) J . COMMUNITY DEVELOPMENT 5H. Development Agreement DV A 01-001 - Consider staff recommendation to approve the development agreement between the Board of County Commissioners of St. Lucie County Florida and the Westchester Development Company respecting the project to be known as the Westchester Development of Regional Impact. (2"d Public Hearing) End of Public Hearings ¿¡6 P' 411 ( 9 ? \w' \owiI REGULAR AGENDA SEPTEMBER 11, 2001 PAGE FOUR 6. PUBLIC WORKS A Resolution No. 01-162 / South Hutchinson Island Regional Wastewater Management System / South District MSBU / Construction of a Regional Wastewater Treatment, Collection and Re-use Water System - Consider staff recommendation to adopt the resolution approving the Final Assessment Roll. B. Resolution No. 01-163 / South Hutchinson Island Regional Wastewater Management System / North District MSBU / Construction of a Regional Wastewater Treatment Plant Facility / Reservation of Plant Capacity - Consider staff recommendation to adopt the resolution approving the Final Assessment Roll. C. Resolution No. 01-164 / South Hutchinson Island Regional Wastewater Management System / North District MSBU / Collection, Transmission and Disposal Facilities (Conveyance Facilities) - Consider staffrecommendation to adopt the resolution approving the Final Assessment Roll. 7. COMMUNITY DEVELOPMENT Resolution No. 01-133/0uasi-Tudicial / Pine Summit Apartments - Consider staff recommendation to approve the resolution granting a Major Site Plan Approval for the project to be known as Pine Summit Apartments. Location: northwest quadrant of Prima Vista Boulevard and Lennard Road, just south of the Vista St. Lucie Project. 8. AIRPORT Proposed Airport Radar System - Consider staff recommendation to approve the use of $25,000 from Airport reserves for HNTB to analyze the proposed radar system options 'at St. Lucie County International Airport. This report will provide guidance as to the most appropriate action to provide low level radar coverage at the Airport. The report will be presented to the Board in December. 9. COUNTY ATTORNEY Resolution No. 01-102 / Purchasing Manual Revision - Consider staff recommendation to adopt the resolution and authorize the Chairman to sign the resolution. 10. ADMINISTRATION Bi-weekly Committee Reports - The Board will give updates on the various committees and advisory boards that they serve on. '-' ....,; CONSENT AGÐ\fDA SeDtember 11. 2001 1. WARRANTS LIST Approve warrants list No. 49 2. PARKS AND RECREATION A Equipment Request No. 01-285 /Budget Amendment No. 01-175 - Consider staff recommendation to approve the equipment request and budget amendment for the replacement of Motorola Radio PR40-4786. B. Pepper Park Backstop - Consider staff recommendation to approve the use of Park "A" Impact Fees in the amount of $6,000 to construct a softball field with backstop. C. Revised' Equipment Request No. 01-301 and No. 01-303 / Budget . Amendment No. 01-185 - Consider staff recommendation to approve the equipment request and budget amendment to purchase a computer and printer for the Savannas Recreation Area. D. Revised Equipment Request No. 01-105 / Budget Amendment No. 01-181 - Consider staff recommendation to approve the equipment request and budget amendment for the additional funds needed to purchase a replacement computer for the Recreation Division Office. 3. COUNTY ATTORNEY A Permission to File Suit - Consider staff recommendation to grant permission to allow the County Attorney to file suit against Richard and Angela Spikes to require the removal of unsef\iceable vehicles and the termination of their operation of an auto repair business in a residential neighborhood for property located at 1101 Hartman Road. Fort Pierce, Florida. B. Allstate Utigation Expense - Consider staff recommendation to grant permission to transfer funds to cover litigation expenses. C. Resolution No. 01-202 - Consider staff recommendation to approve the resolution approving a financing lease with Sun Trust Leasing Corporation for the Purchase of Computers from Howard Computers. D. Non-Exclusive Agreement Extensions with Treasure Coast Refuse Corp., Choice Sanitation, Reelstone Development Corporation d/b/a Whispering Creek Village, Freedom Waste Removal, Overland Services, Inc., Waste Management, Florida Recycling Services and Ocean Resorts Co-Op - Consider staff recommendation to approve the extensions and authorize the Chairman to sign the extensions. '-' '-' CONSENT AGENDA SEPTEMBER 11, 2001 PAGE nvo 3. COUNTY ATTORNEY (CONTINUED) E. 2001 Economic Development Ad Valorem Tax Exemption Application / Liberty Medical Supply, Inc. - Consider staff recommendation to accept the report of the Property Appraiser" and grant permission to advertise Ordinance No. 01-16 for a public hearing on September 25, 2001 at 9:00 am, or as soon thereafter as possible. 4. HUMAN RESOURCES Lincoln Reinsurance / John Alden Reinsurance Policy 10/01/01 - 10/01-02 - Consider staff recommendation to approve the renewal contract effective October 1, 2001 as set forth in the documentation and the implementation of the Beechstreet Wrap-around network. 5. ITIES 0° Equipment Request No. 01-295 /Budget Amendment No. 01-180 - Consider ,);f'le; staff recommendation to approve the equipment request and budgeV r¿p'if- amendment to purchase a laptop computer in the amount of $3,134, to be t- used by the department director and for remote use for the department as necessary. B. Bid No. 01-035 / Force Main Interconnect and Lift Station Renovations / South Hutchinson Island Utility District - Consider staff recommendation to award the bid, consistent with Camp Dresser & McKee's recommendation, to Hutchinson Utilities Service Corp. (low bidder) in the amount of $295,453, and authorize the Chairman to execute the contract as approved by the County Attorney. C. Work Authorization / South Hutchinson Island Utility District / Camp Dresser & McKee - Consider staff recommendation to approve the work authorization in an amount not to exceed $25,000. D. Legislative Project 0201 Grant Agreement - Consider staff recommendation to authorize the Chairman to sign the grant agreement in the amount of $100,000 to complete Phase 1 of the Airport Industrial Park Wastewater Improvement Project LP0201. 6. PUBLIC WORKS A Engineering / South 25th Street Widening Project (Midway Road to Edwards Road) - Consider staff recommendation to approve the agreement with Inwood Consulting Engineers in the amount of $1,219,258.94 for the design, permitting and land acquisition, and authorize the Chairman to sign the agreement. '- ....I CONSENT AGENDA SEPTEMBER 11, 2001 PAGE THREE 6. PUBLIC WORKS (CONTINUED). B. Oxbow Eco-Center / Equipment Request No. 01-296/ Budget Amendment No. 01-182 - Consider staff recommendation to approve the equipment request and the budget amendment for the purchase of a counter for the gift store in the amount of $1,300. C. Oxbow Eco-Center / Equipment Request No. 01-297 / Budget Amendment No. 01-183 - Consider staff recommendation to approve the equipment request and the budget amendment for the purchase of a SCGAMulti-Media Projector for Powerpoint Presentations in the amount of $3,942. D. Oxbow Eco-Center / Equipment Request No. 01-302 / Budget Amendment , No. 01-186 - Consider staff recommendation to approve the equipment request and the budget amendment for the purchase of a 4100 NT Printer in the amount of Sl,650. E. Solid Waste / Equipment Request No. 01-298 - Consider staff recommendation to approve the equipment request for the purchase of a used trailer and tractor in the amount of $16,000, for use at the Baling Facility at the Glades Road Landfill. 7. ADMINISTRATION Lobbyist Services - Consider staff recommendation to enter into an agreement with Ronald L. Book, P.A. and the Rubin Group, Inc. for Lobbyist Services from October 1, 2001 through October 1, 2002 in an amount not to exceed $87,500, including out of pocket expenses. 8. SHERIFF'S OFFICE Law Enforcement Trust Fund - Consider staff recommendation to approve the request for distribution in the amount of $495,156.94 for computer enhancements, supplies, furniture, training and other equipment. 9. MANAGBvIENT AND BUDGET DUI Specialist Grant Application on Behalf of the St. Lucie County Sheriff's Office - Consider staff recommendation to approve the grant application and authorize the County Administrator to sign the application. 10. INVESTMENT FOR THE FUTURE Recreation Design and Construction / Third Amendment to Contract No. C -99-12- 113 - Consider staff recommendation to approve the Third Amendment and authorize the Chairman to sign the amendment, thereby allowing the contractor ample time to complete the new parking lot and entrance at Ocean Bay Preserve. '-' ...., CONSENT AGENDA SEPTEMBER 11, 2001 PAGE FOUR 11. INFORMATION TECHNOLOGY Equipment Request No. 01-299 - Consider staff recommendation to approve the equipment request for the purchase of a Kronos Workforce Timekeeping System Upgrade in the amount of $45,000. 12. COMMUNITY DEVELOPMENT Tourism Special Event Grant Agreement / Retired.Com Senior Golf Tour - Consider staff recommendation to approve the agreement to bring a series of professional golf tournaments for seniors throughout the nation to our area, and authorize the Chairman to si&n the agreement. COMMUNITY SERVICES Equipment Request No. 01-304 /Budget Amendment No. 01-187 - Consider staff recommendation to approve the equipment request and budget amendment to purchase a laptop computer in the amount of $3.134, to be used by the department director and for remote use for the department as necessary. o :J60 ~ Î (" G:l" tY · '-' ..,.; BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: September 4,2001 Tape: 1 Convened: 7:00 p.m. Adjourned: 7:20 p.m. Commissioners Present: Chairman, Frannie Hutchinson, Doug Coward, Paula A. Lewis, John D. Bruhn, Cliff Barnes Others Present: Doug Anderson, County Administrator, Dan McIntyre, County Attorney, Ray Wazny, Public Works Director, Roger Shinn, Central Services Director, Dennis Murphy, Interim Community Development Director, Beth Ryder, Community Services Director, Jack Southard, Public Safety Director, Mike Bowers, Road and Bridge Manager, Don West, County Engineer, David Kelly, Planning Manager, Deputy Murphy, A Millie Delgado, Deputy Clerk 1. MINUTES (1-029) It was moved by Com. Lewis, seconded by Com. Bruhn, to approve the minutes of the meeting held August 28, 2001; and, upon roll call, motion carried unanimously. 2. PROCLAMA TlONS/PRESENT A TIONSI ANNOUNCEMENTS A. Resolution No. 01-187 I Proclaiming September 15,2001 as "POW/MIA Recognition Day" in S1. Lucie County, Florida. Mr. Mike Bradley was present to accept the proclamation. It was moved by Com. Barnes, seconded by Com. Bruhn, to approve Resolution No. 01-187; and, upon roll call, motion carried unanimously. B. Resolution No. 01-1 96/Proclaiming September 10,2001 through September 11, 2001 as "Try Transit Week" in St. Lucie County, Florida. Ms. Maryann Abore was present to accept the proclamation. It was moved by Com. Bruhn, seconded by Com. Lewis, to approve Resolution No. OI-I87; and, upon roll call, motion carried unanimously. C. Announcement- The BCC will be holding a budget workshop to discuss Capital Projects and other budget issues on September 11, 2001 in Conference Room 3, immediately following the 9:00 a.m. BCC meeting. D. Announcement- The BCC will be holding a workshop with the DEP on September 11, 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 Loxahatchee River Basins. -1- ;¡ '-' ....." E. Announcement/ The BCC will be holding a workshop to discuss Airport Noise on September 28,2001 at 10:00 a.m. in the Commission Chambers. F. Announcement/The S1. Lucie County Legislative Delegation will meet Thursday, October 18,2001 from 9:00 a.m. to 5:00 p.m. in the County Commission Chambers. G. Announcement/The Budget Public Hearings will be held on September 6, 2001 and September 13,2001 at 5:05 p.m. in the Commission Chambers. H. Announcement/The Official Opening of the South County Regional Sport Stadium will be on September 28,2001 - 6:30 p.m. I. AnnouncementlThe Oxbow Eco Center will be open to the public featuring the "Florida Your Back Yard" Exhibit on October 27,2001 and October 28,2001. J. Announcement/The November 20, 2001BCC meeting has been re-scheduled to 9:00 a.m.; the November 27,2001 , December 25, 2001 and January 1,2002 BCC meetings have been cancelled. . 3. GENERAL PUBLIC COMMENT~ (1-538) Mr. William Smith, area resident addressed the Board regarding property he has been trying to sell. He has had interested parties, however, the purchases fall through due to the fact the information given is that a residential home cannot be built on this property. Mr. Smith was directed to speak with Mr. Dennis Murphy to try and solve this problem. 4. CONSENT AGENDA (1-560) It was moved by Com. Bruhn, seconded by Com. Coward, to approve the Consent Agenda; and, upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 48. 2. PUBLIC WORKS A Budget Amendment No. 01-177 /Equipment Request No. 01-289- The Board approved the budget amendment and equipment request for the purchase of a "point of sale" system for the Oxbow Eco-Center in the amour.t of $8,596.00. B. Treasure Cove Dunes MSBU-The Board approved advertising the second public hearing to be held Octobcr 2,2001 at 7:00p.m. or as soon thereafter as possible. C. Budgct Amcndment No. 01-177/EquipmGnt Request No. 01-286- The Board approved the budget amendment and equipment request for the purchase of an exhibit for the Oxbow Eco-Center in the amount of$9,500. D. Budget Amendment No. 01-177/Equipment Request No. 01-287- The Board approved the budget amendment and equi!J~n~nt request for the purchase of an exhibit for the Oxbow Eco-Center in the amount of$7,500. -2- '-' ...., E. Budget Amendment No. 01-177/Equipment Request No. 01-288- The Board approved the budget amendment and equipment request for the purchase of an exhibit for the Oxbow Eco-Center in the amount of$II,OOO. 3. COUNTY ATTORNEY Amendment No.1 to Agreement No. C-I0485 between South Fla. Water Management District and St. Lucie County for Land Management Services at the Indian River Lagoon- The Board approved the amendment and authorized the Chairman to sign the amendmen~. 4. CENTRAL SERVICES A. Budget Amendment No. 01-178/Equipment Request No. 01-290- No. 01-291- and No. 01-292- The Board approved the budget 21t1endment and equipment requests for the purchase ofthree computers in the amount 0£$5,316 for the St. Lucie County Marine Center. B. Budget Amendment No. 01-I78/Equipment Request No. 01-293- The Board approved the budget amendment and equipment request for the purchase of a commercial vacuum in the amount of $1 ,900 for the ~-;::rvice garage. 5. PUBLIC SAFETY Equipment Request No.01-27l, and Budget Amendnient No. 01-1 79/Public Building Impact Fees/800 MHz Radio Communication.System-· The Board approved the use of Public Building Impact Fees and the equipment request and budget amendment for the purchase of a Bi- Directional Amplifier for the Courthol!se in the amount of $7,726. 6. PURCHASING Auction Contract with Karlin Daniel & Associates- The Board approved the auction agreement and authorized the Chairm:m to sign the agreement. 7. ADMINISTRATION Emergency Medical Services Advisory Co~.ncil- The Board ratified Commissioner Coward's appointment of Captain Mike Monahan to the Emergency Medical Services Advisory Council. Glenn Raines will rcmain as the appointee for Commissioner Barncs. 8. PARKS AND RECREATION Revised Equipment Request Nò. 01-107- The Board approved the revised equipment request for the purchase of a portable paòl vacuum in the amount of $3,700. 9. INVESTMENT FOR THE FUTURE Engineering/Juanita Avenue over TaylorC.-eek, Glades Cut-off Road over the C-24 Canal, and Edwards Road over 5 - Mile Creek Bndgê Repair and Replacement Projects- The Board approved the scope and fee proposal submitted by Kimley-Hom and Associates, Inc., in th amount of $6,900 for engineering services to provide additional survey information for each bridge, approved the budget and authorb~c the Chairman to sign the agreement. REGULAR AGENDA 5.A COMMUNITY DEVELOPMENT Resolution No. 0 1-130/England- This petition has been withdrawn and will not be heard a new location has been identified. . -3- '-' ....., B. Development Agreement DV A 01-001- Westchester DeveIopment Company- Consider the development agreement for tbe project to be known as the Westchester Development of Regional Impact. ** A vote was not required for this hearing. The Chairman announced the second public hearing to take place on September I I, 2001 at 9:00 a.m. or as soon thereafter as possible. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of Circuit Court -4- ~ '-' -...I AGENDA REQUEST ITEM NO. ;¿ß. DATE: September 11, 2001 REGULAR IX] PUBLIC HEARING I ] CONSENT I ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. OI-201 - Proclaiming September 10, 2001, through September 16,2001, as "FLORIDA INDUSTRY APPRECIATION WEEK" and Designating September 13, 2001, as "BUSINESS AND INDUSTRY APPRECIATION DAY" in St. Lucie County, Florida. BACKGROUND: Geri Foote, Assistant Membership Services for the S1. Lucie County Chamber of Commerce has requested that this Board proclaim September 10 - 16,2001 as Florida Industry Appreciation Week and designate September 13, 2001 as Business and Industry Appreciation Day in St. Lucie County, Florida. The attached Resolution No. 01-201 has been dra11:ed for that purpose. PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 01-201 as drafted. COMMISSION ACTION: CE: [~APPROVED [] DENIED [ ] OTHER: 5-0 Do Anderson County Administrator Review and Approvals ('7 ./1 County Attorney: ,.J J. Management & Budget Purchasing : Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable)___ Eff. 5/96 .... .. '-' -...I RESOLUTION NO. 01-201 A RESOLUTION PROCLAIMING SEPTEMBER 10,2001, THROUGH SEPTEMBER 16, 2001, AS "FLORIDA INDUSTRY APPRECIATION WEEK" AND DESIGNATING SEPTEMBER 13, 2001, AS "BUSINESS AND INDUSTRY APPRECIATION DAY" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of S1. Lucie County, Florida, has made the following determinations: 1. The diversification of Florida's economic base is a key priority to the Govemor of the State of Florida and of equal importance to the Existing Industry Committee. 2. Florida Industry provides a strong economic base for local economies which, in turn, allows for improved services and quality of life for our citizens. 3. It has been shown that at least eighty percent of new jobs are created by expansions of existing industries. 4. Industries tend to remain with communities where their contributions, both civic and economic, are recognized. 5. An existing industry appreciation program will higWight Florida Industries and increase public awareness of their many community contributions; and the local industries supporting the S1. Lucie County economy deserve the County's appreciation and support. 6. The Governor of the State of Florida has proclaimed the third week of September to be "Florida Industry Appreciation Week", and has encouraged all Florida communities, chambers of commerce, and citizens to participate in appropriate commemorative events. 7. In conjunction with Florida Industry Appreciation Week, the Board recognizes the - " '-' ...,¡ importance and contributions of business and industry in St. Lucie County to the economic and employment base. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners ofSt. Lucie County, Florida: 1. This Board does hereby proclaim September 10, 2001, through September 16, 2001, as þ "FLORIDA INDUSTRY APPRECIATION WEEK" in S1. Lucie County, Florida, and further designates September 13,2001, as "BUSINESS AND INDUSTRY APPRECIATION DAY". 2. This Board urges the citizens of S1. Lucie County to participate in appropriate commemorative events during the week of September 10,2001, through September 16,2001. PASSED AND DULY ADOPTED this 11th day of September, 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY \,/ '"'"'" ......, AGENDA REQUEST ITEM NO. SA DATE: September 11, 2001 REGULAR [ ] PUBLIC HEARING [XX] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney Donald G. Cole Property Acquisition Manager SUBJECT: Public Hearing Right-of-way Abandonment - Holm Road Resolution No. 01-198 BACKGROUND: See attached memorandum FUNDS AVAilABLE: N/A PREVIOUS ACTION: August 14, 2001 - Request Permission to Advertise - Notice of Public Hearing RECOMMENDATION: Staff recommends the Board approve Resolution No. 01-198, instruct staff to publish the final Notice of Abandonment, and record Resolution No. 01- 198, Proof of Publication of the Notice of Public Hearing and Proof of Publication of the Notice of Abandonment in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: [~ APPROVED [ ] DENIED [ ] OTHER: 5-0 .,Sf¿ [XX] County Attorney: r Review and Approvals [XX] Public Works: ?(Á.--- [XX] County Enginee~ Purchasing: ~ [XX] Road & Bridge: . [XX] Originating Dept.: -:- I .£' Finance: (Check for Copy only. if applicable) Elf. 5/96 G :\AC Q\ WPIJoAnnlAbandonrnentsll. R. C. CIPublic Hearing Agenda. wpd '-' ""'" PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: Donald G. Cole, Property Acquisition Manager DATE: September 11, 2001 SUBJECT: Public Hearing Right-of-way Abandonment - Holm Road Resolution No. 01-198 The Property Acquisition Division received a requestto abandon Holm Road from The District Board ofTrustees of Indian River Community College. The abandonment of the Holm Road right-of-way will allow Indian River Community College to develop their property that lies at the North end, East and West of Holm Road. A Notice of Intent to Abandon was advertised on June 1 and June 7, 2001, and no objections were filed. All relevant public utilities have given written consent for the abandonment. County Department staff members have reviewed the petition and have filed no objections to the proposed abandonment. Indian River Community College owns all abutting property. On August 14, 2001, the Board of County Commissioners approved Permission to Advertise for a Public Hearing on September 11, 2001. On August 24, 2001, a Notice of Public Hearing was advertised in the Fort Pierce Tribune (copy attached). RECOMMENDATION: Staff recommends the Board approve Resolution No. 01-198, instruct staff to publish the final Notice of Abandonment, and record Resolution No. 01-198, Proof of Publication of the Notice of Public Hearing and Proof of Publication of the Notice of Abandonment in the Public Records of St. Lucie County, Florida. Respectfully submitted, S::S~»~ Donald G. Cole Property Acquisition Manager G:IACQIWPIJoAnnlAbandonmentsll.R.C.CIPublic Hearing Memo.wpd '-' ...., HEET 24/19N " ", Ii '. J,11.0 ¡ I NO. ;¡e ,\1 i422-OOO1~/5J " , I 2.17 ~ I ",. I .1 (44HJOO2-000/8' I ~ (4~-(J(JOISJ ·I~ 1~-()()(J/21 1 3.04 Ac . jJ .....' LAND ~ 5.2, Ac I L,A.NC - .B Ac GROVe: - 9.S AI: I GROVE . 8.5 Åc TOT.IoJ.. - ,~.O Ac I 142Z-fXJ01JJIJ()/6J ! TOTAl - 9_.3 At: ! I 3.04 Ac "'" I , .01 .... I I I : , I I 14Vo(}(}fJH]()(J/81 ! I 4,5 Ai: . I LAND - 1.6 Ac 1 I - .. . I4IJ-()()(JHXXJ/7J GROVE - 18.... Ac 1 '"'t.g:¡ " . TOTÞl - 20.0 Ac ,,' ,m . . I I I (42J~:J· I 000/21 I ~'ð· + : ¡IT r IIU3 I . I . . 7 - : . ~~ T1t~ , 'ª " : '" ~I (442-0008" 1 I 000/61 I ,n. I . I J f44J--<XXJI-OOO/QI I · 4.1,\,c I : " I . ¡,. 111.05 no-a. lla.1I&' 1434-0001-000/21 ~17.J1 i!J. iU..s . ~.2 Ac P I ., I (44J-OOOz.coo/7J . I · 4.09 At; I · i ..... IliJi . NO 3. zo~... . .. ",. ~r,!!::?,?:?9-~i u..m ~.n.ð' '\.= I I I I I .1 't 1 ~ r I I I I I I , I ~1 \ i (44f-axJHXJC/IJ LAND - 3.7 ;..c GROve: . 13.7 Þ..: TOT.41. - 17.4 Ac -- ne.7'!I V1 0 : ::: ~ N f- "' 1332«. "' ~ 000/, J: 2.16 , In "' W V1 ~.1O~ (JJ2-<XX 000/7 2.58 . .w.1.4 341 ..... (44I-{)[)Ol-()(}j/41 LN-ID - 1.2 AI: :::ROV:: - 17.8 IV: TOTAL - 19.0 Ac ,~,., .1 ml-OOO~ 000/21 i::ET H/30N ¥d'.&:6:. DlllGUSs. M)WI U.t,Ul:IEaDmFII"'.PØIT.IJII"Il'[SE]t ~ij'. ~~~~~ ~(Q)~~1îW, n(Q)~m~ ASSESSMENT MAP SECnON $ '1/2 @~ te 1141:01 WIP ~AS ßtEN MŒ1"ARED fm mE Sf. L~I[ CWUT PRCKRTT ~= ~~~1Qiì ~t~~~I~f'!t~~~~T TOWNSHIP 35 3 rDit.u"'?è,i,r.aThI. . L' QI,I SSl!14$ RANGE ~ ~ SH~ET hUMBER PREPARED FOR ~~~ ,/""~ ®~ "l' '''' J ,"" ',I" """ 'J SCA1E III 1/10 OF A.INCH ---.------.---.--.. ----_.. '-' -----"--- NOTICE OF PUBLIC HEARING SEPTEMBER 11, 2001 TO WHOM IT MAY CONCERN: You will take notice that in accordance with the provisions of Sectioos 177.101, 336.09 and 336.10. Florida Statutes, as amended, and the 81. Lucie County Land Development Code, Section 11.10.01 et. seq., a public hearing will be held by the St. Lucie County . Board of County Commissioners. In tI1e County Commission Chambers, 3rd floor of the Roger Poitras Administration Annex, 2300 Virginia Avenue, Fort Pierce, Floride, on September 11, 2001, at 9:00 A.M. or as soan thereafter as practicable, on the petition 'of The District Board of Trustees of Indian River Community . College, to close, vacate and abandon that portion of a public right-ol-way known as Holm Road, hereinafter described, and renounce and disclaim any right af St. Lucie County and the public in and to the lands lying within that portloo of said public right-of-way in St. Lucie County, Florida, being more particularly described as follows: A PARCEL OF LAND LYING IN SECTION 19, TOWNSHIP 35 SOUTH. RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 19: THENCE NORTH 02· 22' 52" WEST, ALONG THE EAST LINE OF THE SOUTHEAST ONE QUARTER (1/4) OF SAID SECTION 19, A DISTANCE OF 1308.45 FEET TO THE INTERSECTION WITH THE CENTERLINE OF KIRBY LOOP ROAD; THENCE SOUTH 88· 06' 52" WEST, ALONG THE CENTERLINE OF SAID KIRBY LOOP ROAD, A DISTANCE OF 666.80 FEET; THENCE SOUTH 87· 49' 3 1" WEST, ALONG SAID CENTERLINE, A DISTANCE OF 671.99 FEET; THENCE NORTH 01· 56' 06' WEST, DEPARTING SAID CENTERLINE, A DISTANCE OF 33.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF SAID KIRBY LOOP ROAD, BEING THE POINT OF BEGINNING. THENCE SOUTH 87" 49' 31" WEST, ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID KIRBY LOOP ROAD, A DISTANCE OF 15.00 FEET; THENCE NORTH 01· 56' 06" WEST, DEPARTING SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 619.17 FEET; THENCE NORTH 87" 52' 58" EAST, A DISTANCE OF 30.00 FEET; THENCE SOUTH 01· 56' 06" EAST. A DISTANCE OF 619.14 FEET TO A pOINT ON THE SAID NORTH RIGHT-OF-WAY LINE; THENCE SOUTH 87· 49' 31" WEST, ALONG' SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING. CONTAINING 0.43 ACRES. MORE OR LESS_ All interested parties may appear and be heard at the' time end place above specified. Written comments received in advance of the pubnc hearing will also be considered. Anyone with a disability requiring accommodation to aUend this meeting should contact the 51. Lucie County Community Services Manager at (561) 462-1777 or TOO (561) 462-1428 at least lorty- eight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Is! FRANNIE HUTCHINSON, CHAIRMAN PUBLISH DATE: August 24,2001 '""'" '-' ....., This instrument prepared by: JoAnn M. Riley, under the direction of Daniel S. McIntyre, County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 RESOLUTION NO. 01-198 DATE: September 11,2001 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, CLOSING, VACATING AND ABANDONING ANY INTEREST OF ST. LUCIE COUNTY AND THE GENERAL PUBLIC IN HOLM ROAD, LYING IN SECTION 19, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners ofSt. Lucie County, Florida, has made the following determinations: 1. That Sections 177.101, 336.09 and 336.10, Florida Statutes, as amended, and Section 11.10.01 et. seq. of the St. Lucie County Land Development Code, provide that the County may adopt resolutions vacating rights-of way in whole or in part, which are under the jurisdiction of the Board of County Commissioners of St. Lucie County, Florida. 2. Pursuant to Minute Book 2, Page 397, St. Lucie County and the general public have a dedicated interest in the following described land: A PARCEL OF LAND LYING IN SECTION 19, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCEA T THE SO UTHWEST CORNER OF SAID SECTION 19,. THENCE NORTH 020 22' 52" WEST, ALONG THE EAST LINE OF THE SOUTHEAST ONE QUARTER (1/4) OF SAID SECTION 19, A DISTANCE OF 1308.45 FEET TO THE INTERSECTION WITH THE CENTERLINE OF KIRBY LOOP ROAD,. THENCE SOUTH 880 06' 52" WEST, ALONG THE CENTERLINE OF SAID KIRBY LOOP ROAD, A 1 '-" ......, DISTANCE OF 666.80 FEET; THENCE SOUTH 87° 49' 31" WEST, ALONG SAID CENTERLINE, A DISTANCE OF 671.99 FEET,' THENCE NORTH 01° 56' 06" WEST, DEPARTING SAID CENTERLINE, A DISTANCE OF 33.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAYLINE OF SAID KIRB YLOOP ROAD, BEING THE POINT OF BEGINNING. THENCE SOUTH 87° 49' 31" WEST, ALONG THE NORTH RIGHT- OF-WAY LINE OF SAID KIRBY LOOP ROAD, A DISTANCE OF 15.00 FEET; THENCE NORTH 0]0 56' 06" WEST, DEPARTING SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 619.17 FEET,' THENCE NORTH 87° 52' 58" EAST, A DISTANCE OF 30.00 FEET,' THENCE SOUTH 01 ° 56'06" EAST, A DISTANCE OF 619.14 FEET TO A POINT ON THE SAID NORTH RIGHT-OF-WAY LINE; THENCE SOUTH 87° 49' 31" WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING. CONTAINING 0.43 ACRES, MORE OR LESS. 3. The abandonment of the Holm Road right-ofway will allow Indian River Community College to develop their property that lies at the North end, East and West of Holm Road. 4. A Notice of Intent to Abandon was advertised on June 1 and June 7, 2001, and no objections were filed. 5. All relevant public utilities have given written consent for the abandonment. 6. County Department staff members have reviewed the petition and have filed no objections to the proposed abandonment. 7. Indian River Community College owns all abutting property. 8. On August 14,2001, the Board of County Commissioners approved Permission to Advertise for a Public Hearing on September 11,2001. 2 '-' '-' 9. On August 24,2001, a Notice of Public Hearing was advertised in the Fort Pierce Tribune. 10. It is in the best interest of the public to vacate and abandon the right-ofway more particularly described as follows: A PARCEL OF LAND LYINGINSECTION 19, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCEA T THE SOUTHWEST CORNER OF SAID SECTION 19; THENCE NORTH 02° 22' 52" WEST, ALONG THE EAST LINE OF THE SOUTHEAST ONE QUARTER (1/4) OF SAID SECTION 19, A DISTANCE OF 1308.45 FEET TO THE INTERSECTION WITH THE CENTERLINE OF KIRBY LOOP ROAD; THENCE SOUTH 88° 06' 52" WEST, ALONG THE CENTERLINE OF SAID KIRBY LOOP ROAD, A DISTANCE OF 666.80 FEET; THENCE SOUTH 87° 49' 31" WEST, ALONG SAID CENTERLINE, A DISTANCE OF 671.99 FEET; THENCE NORTH 01° 56' 06" WEST, DEPARTING SAID CENTERLINE, A DISTANCE OF 33.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF SAID KIRBY LOOP ROAD, BEING THE POINT OF BEGINNING. THENCE SOUTH 87° 49' 31" WEST, ALONG THE NORTH RIGHT- OF-WA Y LINE OF SAID KIRBY LOOP ROAD, A DISTANCE OF 15.00 FEET; THENCE NORTH 01° 56' 06" WEST, DEPARTING SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 619.17 FEET; THENCE NORTH 87° 52' 58" EAST, A DISTANCE OF 30.00 FEET; THENCE SOUTHOJO 56'06" EAST, A DISTANCE OF 619.14 FEET TO A POINT ON THE SAID NORTH RIGHT-OF-WAY LINE; THENCE SOUTH 87° 49' 31" WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING. CONTAINING 0.43 ACRES, MORE OR LESS. 3 '-' ~ and to renounce and disclaim any rights of St. Lucie County and the general public in and to the right-ol-way of Holm Road. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: That Holm Road more particularly described as follows: A PARCEL OF LAND LYING IN SECTION 19, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCEATTHE SOUTHWEST CORNER OF SAID SECTION 19; THENCE NORTH 02° 22' 52" WEST, ALONG THE EAST LINE OF THE SOUTHEAST ONE QUARTER (1/4) OF SAID SECTION 19, A DISTANCE OF 1308.45 FEET TO THE INTERSECTION WITH THE CENTERLINE OF KIRBY LOOP ROAD,' THENCE SOUTH 88° 06' 52" WEST, ALONG THE CENTERLINE OF SAID KIRB Y LOOP ROAD, A DISTANCE OF 666.80 FEET; THENCE SOUTH 87° 49' 31" WEST, ALONG SAID CENTERLINE, A DISTANCE OF 671.99 FEET; THENCE NORTH 01° 56' 06" WEST, DEPARTING SAID CENTERLINE, A DISTANCE OF 33.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF SAID KIRBY LOOP ROAD, BEING THE POINT OF BEGINNING. THENCE SOUTH 87° 49' 31" WEST, ALONG THE NORTH RIGHT- OF-WAYLINE OF SAID KIRBY LOOP ROAD, A DISTANCE OF 15.00 FEET; THENCE NORTH 01° 56' 06" WEST, DEPARTING SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 619.17 FEET,' THENCE NORTH 87° 52' 58" EAST, A DISTANCE OF 30.00 FEET; THENCE SO UTH 01 ° 56'06" EAST, A DISTANCE OF 619.14 FEET TO 4 "-'" ....,¡ A POINT ON THE SAID NORTH RIGHT-OF-WA Y LINE; THENCE SOUTH 87° 49' 31" WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE,A DISTANCE OF 15. 00 FEET TO THE POINT OF BEGINNING. CONTAINING 0.43 ACRES, MORE OR LESS. is hereby closed, vacated and abandoned and the right, title and interest ofSt. Lucie County and the general public in and to said lands hereby disclaimed and renounced. Chairman Frannie Hutchinson xxx Vice-Chairman Doug Coward xxx Commissioner Cliff Barnes xxx Commissioner John Bruhn xxx Commissioner Paula Lewis xxx PASSED AND DULY ADOPTED this 11th day of September, 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: BY: COUNTY ATTORNEY G:IA CQI WPIJoAnn IAbandonmentslLR. C C\Resolution 01-198. wpd 5 '-' '-' ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PETITION FOR ABANDONMENT TO: BOARD OF COUNTY COMMISSIONERS, ST. LUCIE COUNTY, FLORIDA. The undersigned PETITIONER hereby petitions the S1. Lucie County Board of County Commissioners to vacate, abandon, discontinue and close, in whole or in part, specific public rights-of-way, easements, or subdivision plats, as more particularly described in tills petition, and to renounce and disclaim any right of the County and the public in and to any land in connection therewith. This petition is filed pursuant to law as more particularly set forth in Florida Statutes, Section 177.1 01, as amended, Florida Statutes, Sections 336.09 and 336.10, as amended, and S1. Lucie County Land Development Code, Section 11.10.01 et. seq. ********************************************************************************************* TYPE OF ABANDONMENT REOUESTED (check one or more as applicable) ("*" indicates requirement for public hearing) _ A Plat (*) _ A Portion of a Plat (*) :6- County Road Right-of-way (*) _ Drainage Easement not Affecting Road Drainage _ Public Utility Easement _ Drainage Easement Affecting Road Drainage (*) Other _ Public Interest in a Private Right-of-way or Easement ********************************************************************************************* Petitioner hereby certifies that the filing fee of $250.00 is enclosed or has been paid to St. Lucie County, and that petitioner hereby further certifies that petitioner understands that the filing fee is non-refundable and that there is no assurance that this petition will be granted, in whole or in part, and no such assurances have been made by any County employee. '-' '-' This Petition shall contain an affidavit ofthe Petitioner attesting to the validity of the representations herein and it's completeness to the best ofPetit-ioner's knowledge and belief. 1. The Legal Description of the petition site is attached as (EXHIBIT" A"). (Note: The petition site may lie upon property owned by Petitioner, i.e. an easement over Petitioner's property, or adjacent to Petitioners property, i.e. a public road right-of-way.) 2. Title or interest of the County and the Public in and to the petition site was acquired and is evidenced by: SEE ATTACHED EXHIBIT "A" (Plat # and identification, Deed, or other title evidence) recorded in: MINUTE BOOK 2, PAGE 397 (plat Book and Page, Deed Book and Page, or Official Record Book and Page) Public Records of St. Lucie County, Florida. 3. Attached hereto as (EXHIBIT "B") is a sketch, accurately drawn, depicting the petition site as described in (EXHIBIT "An), showing boundaries of abutting properties, any encroachments, drainage and/or utility easements, any structures within the petition site, and property benefiting from the abandonment. A copy ofa portion of the appropriate tax map (8 Yz x 11), obtainable from the Property Appraisers Office, may be used for this purpose. 4. Attached hereto as (EXHIBIT "C") is a location map which clearly and legibly identifies the location of the petition site in relation to the nearest public right-of-way and all affected properties (properties within a minimum 300 foot radius ofthe petition site). A copy of a portion ofthe appropriate tax map (8 Y2 x II), obtainable from the Property Appraisers Office, may be used for this purpose. 5. Attached hereto as (EXHIBIT "D") is a list of property owners, including correct mailing addresses, property tax Identification number and legal descriptions of surrounding affected properties. (Note: County Staff may request additional infonnation if it is detennined that the proposed abandonment could have a negative effect on properties located more than 300 feet from the petition site.) 6. Attached hereto as (EXHIBIT "E") is a list of abutting property owners, including correct mailing addresses, property tax Identification number and legal descriptions ofthe adj acent properties. Such owners of abutting properties have signed a notarized statement consenting to the abandonment of public right-of- way and such signed statements are attached hereto as (EXHIBIT "E-l". "E-2". etc.) 7. Attached hereto as (EXHIBIT "F"). consecutivelv numbered "F-l". "F-2". etc.. the signed consent of any affected utility providing service to or within the petition site and/or drainage district having jurisdiction over the petition site. 8. The Petitioner hereby certifies that in the event this petition is granted, the abandonment ofthe public right- of-way will not prevent other property owners from access to and from their property, and no other property owner in the vicinity will be adversely affected. '-' -' 9. The Petitioner hereby certifies that the petition site is not a right-of-way which is part of or used for any State of Federal highway purposes; and that such right-of-way is under the control and jurisdiction ofthe St. Lucie County Board of County Commissioners. 10. The Petitioner hereby certifies that the petition site is not a public accessway to any publicly accessible waters in the County, or that if the petition site proposed to be abandoned does provide such access, Petitioner hereby offers to trade or give the County comparable land or lands necessary for public access to the same body of water. 1 I. The petitioner hereby certifies that petitioner is the owner of property underlying or adjacent to the petition site as evidenced by an instrwilent recorded in Official Record Book 1375, Page 1700, St. Lucie County, Florida, a copy of which is attached as (EXHIBIT "G"). 1314 577 12. The petitioner hereby certifies that all property taxes upon the Petition site, or petitioner's property adj acent to the petition site, are paid and current, or exempt from taxation, and a copy of a paid ta.,<: bill or statement of the County Tax Collector is attached hereto as (EXHIBIT "H"), 13. The Petitioner hereby certifies: (CIRCLE "a" OR "b" BELO'V) (!j) that the petition site to be abandoned is NOT within the limits of any municipality, OR b) that the petition site to be abandoned lies within the corporate limits of and attached is their resolution of abandonment of the petition site as (EXHIBIT "1"). 14. The Petitioner hereby submits a statement (EXHIBIT "J") in support of this petition which states Petitioner's reasons for requesting the abandonment and the use to which the Petitioner intends for the land. 15. Petitioner hereby certifies that a NOTICE OF INTENT TO FILE A PETITION FOR ABANDONMENT has been published once weekly for two (2) consecutive weeks in a newspaper of general circulation in the County. The name of the newspaper and dates of publication are as follows: FORT PIERCE TRIBUNE (THE TRIBUNE) (Name of newspaper in which Notice ofIntent was published) JUNE 1, 2001 (First date published) JUNE 7, 2001 (Second date published) A COPY OF THE PROOF OF PUBLICATION SHALL BE ATTACHED TO THIS PETITION AS (EXHIBIT "K"). NOTICE TO PETITIONER: IF THE ABANDONMENT REQUESTED REQUIRES A PUBLIC HEARING PURSUANT TO LAW, PETITIONER SHALL BE GIVEN NOTICE TO POST A SIGN (17" X 24" OR17" x 17") UPON THE PETITION SITE IN A CONSPICUOUS AND EASILY VISIBLE LOCATION, ABUTTING A PUBLIC THOROUGHFARE, WHEN POSSIBLE, AT LEAST TEN (10) DAYS PRIOR TO THE PUBLIC HEARING GIVING NOTICE OF THE TIME AND DATE OF THE PUBLIC HEARING ON THE PETITION TO ABANDON OR VACATE. '-' "will DATE: THIS PETITION MUST BE EXECUTED BEFORE A NOTARY PUBLIC 6/11/01 ~ IØ?1 ~ Petitioner's Sign~ture 0 By: Edwin R. Massey, Ph.D., President Type or print Petitioner's name DISTRICT BOARD OF TRUSTEES OF INDIAN RIVER COMMUNITY COLLEGE Petitioner's Address 3209 VIRGINIA AVENUE FORT PIERCE, FL 34981-5596 561-462-4787 Petitioner's Phone Number COUNTY OF ST. LUCIE STATE OF FLORIDA Before me this day personally appeared EDWIN R. MASSEY. Ph.D says: who, being duly sworn, deposes and That he is(are) the Petitioner(s); and, That all of the representations and information provided in the petition is true and accurate to the best of Petitioner's knowledge, information and belief. Subscribed and sworn to (or affirmed) before me this J1.. day of June :;·1 WI.... I?.. mil A.<H_J..j, Ph. D. , 20Ql., by ..lL who personally appeared before me and X who is personally known to me. _ whose identity I proved on the basis of _ whose identity I proved on the oath/affirmation of , a credible witness =Jl ~~ Not Public SUZANNE PARSONS Notary Public, State of Flortda My Comm. Expires Oct. 14. 2003 Comm. No. CC879700 . £ / "" 'w. )(h¡j,-¡ 1/ ....., LEGAL DESCRIPTION: HOLM ROAD A PARCEL OF LAND LYING IN SECTION 19, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 19; THENCE NORTH 02"22'52" WEST, ALONG THE EAST LINE OF THE SOUTHEAST ONE QUARTER (1/4) OF SAID SECTION 19, A DISTANCE OF 1308.45 FEET TO THE INTERSECTION WITH THE CENTERLINE OF KIRBY lOOP ROAD; THENCE SOUTH 88'06'52" WEST, ALONG THE CENTERLINE OF SAID KIRBY LOOP ROAD, A DISTANCE OF 666.80 FEET; THENCE SOUTH 87"49'31" WEST, ALONG SAID CENTERLINE, A DISTANCE OF 671.99 FEET; THENCE NORTH 01'56'06" WEST, DEPARTING SAID CENTERLINE, A DISTANCE OF 33.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF SAID KIRBY LOOP ROAD, BEING THE POINT OF BEGINNING. THENCE SOUTH 87"49'31" WEST, ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID KIRBY LOOP ROAD, A DISTANCE OF 15.00 FEET; THENCE NORTH 01°56'06" WEST, DEPARTING SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 619.17 FEET; THENCE NORTH 87"52'58" EAST, A DISTANCE OF 30.00 FEET; THENCE SOUTH 01'56'06" EAST, A DISTANCE OF 619.14 FEET TO A POINT ON THE SAID NORTH RIGHT-OF-WAY LINE; THENCE SOUTH 87"49'31" WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING. CONTAINING 0.43 ACRES, MORE OR LESS. @2001L8FH Inc. SURVEYOR AND MAPPER'S SIGNATURE 1. UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SURVEYOR ANO MAPPER. THIS MAP/REPORT IS FOR iNFORMATIONAL . PURPOSES ONLY AND is NOT VAUQ. 2. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS omCE. A A - ¿~ /Z/¿;;J~Q P~ALE vrp>f., PROFESSI(jNAL S(¡R\I2(oR/&: MAPPER ~ STATE OF F{PRIDA NO. 4873 " '11:»'11 CONSULTING CML ENGINEERS, SURVEYORS &: MAPPERS ., Pa-rt11B?"S For Results, INC. Value By Design:' 3550 S.W. Corporote Porkway, Palm City, Florido 34990 (561) 286-3883 Fox: (561) 286-3925 BPR '" FBPE ûcense No: 959 www.lbfh.com - Scale: NA Sheet 1 Of 2 Computed: BK Checked: PV THIS IS NOT A SURVEY PROJECT NAME: SKEfCH AND lEGAL DESCRIPTION FOR: INDIAN RIVER COMMUNITY COLLEGE HOLM ROAD REVISIONS: Field Book: N / A Date 16MAR01 Page: N/ A FILE NO. exh-O 1.dwg Field: N / A Project No. 00-0205 '-' Z" I¡i.¿:./ ~ /ì / ~ , ' f¡ ~ ..., N8T52'58"E 30.00' /NORTH S8T49'31"W 15.00' 1_ Sª-T4-9'31"W -6zj.99' -- :.r f'. 0""": «;:: 0(0 a::;: ~ (0 (0 ~_o 10 -I (0 <0 o~ l() :r:~ m (0 o (f) S87"49'31"W 15.00' -- { KIRBY COOP ROAD POINT OF BEGINNING N01"5S'OS"W 33.00' BEARING BASE: THE EAST LINE OF THE SOUTHEAST 1 /4 OF SECTION 19, TOWNSHIP 35 SOUTH, RANGE 40 EAST IS TAKEN TO BEAR NORTH 02"22'52" WEST, AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO. 'Ibt-h CONSULTING CIVIL ENGINEERS, SURVEYORS & MAPPERS .. Pa.rtne1'S Far Results, INC. Value By Design" 3550 S.W. Cor¡>orate Parkway, Palm City, Florida 34990 (561) 286-3883 Fox: (561) 286-3925 .' 8PR de FBPE Ucense No: 959 www./bfh.com SECTION I I I I I I I Sãi%JJ6'52'W/ 666.80~~ - - ---1---- - - 33' ' :c .... '" o :z: 19/ 3 5 /40 RIGHT-OF-WAY LINE 33' Lt:i' ..... ~~I w (f)~' « 3:' :N zl"J -N' ~~I ~t EAST LINE OF THE SOUTHEAST SECTION 19/35/40 1/4-/ I POINT OF COMMENCEMENT SOUTHWEST CORNER SECTION 19, TOWNSHIP 35 SOUTH, RANGE 40 EAST ~cale~ "=200' Sheet 2 Of 2 Computed: B K Checked: PV INDIAN RIVER COMMUNITY COLLEGE HOLM ROAD Date 16MAR01 FILE NO. exh-O 1.dwg Project No. 00-0205 '7 !- d. 'oJ , I '"' (1 -r 1- 1 2 J r1. J <. r " Ii Q. {) <; I - ).. :'-' p~ i I- - tf ¡.¡. :1 G --S ,/ t j '-:; " {; rl ~ U. û 0 !.tJ <[ 'J 1. () < tl. I- \" , , "'- n .... r-' - ,-, \. /, - '\ - r-- (j" ¡'\Î vJ .f . 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(4J/-OOIl-OOO/SJ Ac 220 188.7 41ð.7 2~.42 ~xiij"f ~/ ~ 596.15 +1 o cø cø (4/1-0002-000/8) 13_30 Ac 'I /, -:r(:.C( .~ 935:!: (, /1 -r £. {l.. +1 r- .. cø (411-000/-1. 13.30 15 670+ 95-2 t , ROAD ~ 93..3 330:!: 146..3 (431- r- (442- r- fXXJI-; (442- t! 0002 t! OCXJ/3J 0003- OOO/4J N N \65.2 (431- N(442-(J(JOS-()()()/21:: ~OOO//J ~ f!.'~ f!. OCXJI- ~ .... 02(7/9) . I .91 Ñ: .29 Ac ~ ~.. 2.74 AI! ~ 166.2 1415.3:!: .47 Ñ: 95.2 220 3\2.5 (442-(J()()4-ooå/B) ~ 1.92 Ac ~O tot ~ 330:!: 423..3:!: ( 431-<XJ02-()(J()\O) M8..3 ~ 33. (4JHJOI5- cø 1.53 Ac· .. a OCXJ/4J .,; ~ 150..3 ~ 0.58 Ac {4'. ( 442-()()08- OOO/SJ 312~ on t:I 273 +1 ... sa Š t! . ,:';','_v-: 93..3 ~~f'~~~¢~~;;.-··: ' ... Exhibit "e" '-" -...I SOll~l IBHS B~ ¡;¡ -----~~~~------ .... 01 ~~~ .~. ,§~ " " ~;. ~.. ,0. ~' -,5~ IU -,,- I~ ~. I~ ~ " ~ w fr . ~ ' I; 1".,;" ~ ~ , _Jm-~___. ::I i ~ ~ ~ -1 ¡ ,....~~ .-~.:I1""_H·"'~'n I ~ o . 3 ' ~ ~ u.... I ; ¿'" ¡ ~~ ~; :;:0 8 . ~ ' F s <;~~/~~ t::I3HS ]]S .~~ .~\ :"9 ..,¡:~:! ~ø @g ~ ©;?š;; :Ð - VI '.... b& g~! :Þ, ~ ~ == e;-E~ © l¡.ï ~~~ u~ri2 ~~~~ u-: ~ ¡5j ~~~m ì I I ¡ ¡ ~ .! i I: . ! ) !I ¡ ~ I joi; ; ~ ~ .. ~ do ~i ~! ',. "H ~1. , Î ¡I r j-- , 1/ -f/ '-' .....J ./Í ."1, .i. 1/ ./ !I // '¡ EXHIBIT; "D" Type or print name, address, property identification number, and legal description of surrounding affected properties here I Owner Name and Address II Tax 1. D. Number and Property Legal Description Parcel Number: 241944200060002 - Name: KORNICK, MICHAEL L Legal: 19 35 40 N 3 AC OF W 1/2 OF NW Name: KORNICK, JEAN S 1/4 OF SE 1/4 OF SE 1/4-LESS N Address: 2830 Yates Rd 33 FT FOR RD RIW- (2.74 AC) (73) Fort Pierce, FL 34981-5329 I(OR 994-1750) I. Parcel Number: 241944200030001 Name: CARPENTER, Legal: 19 35 40 FROM A PT 17.5 FT W & MARYE 33 FTS OFNE COROFE 1/20FNW Address: 4379 Kirby Loop 1/4 OF SE 1/4 OF SE 1/4 RUN W 312.50 FT FOR POB,TH RUN S 272 , Rd Fort Pierce, FL 34981-5341 Fr,TH E 146.3 FT,TH N 272 Fr,TH W 146.3 Fr TO POB (0.91 AC) (OR Parcel Number: 241943100010003 Name: SCHWAB, CHARLES A Legal: 19 35 40 BEG 33 FT S OF NE COR Address: PO Box 880295 OF SW 1/4 OF SE 1/4,TH W 93.3 Port St Lucie, FL 34988 Fr,TH S 142 FT,TH E 93.3 FT,TH N 142 FT TO POB (0.30 AC) (OR 887-1381) --,-,'-' -- ~. Par~el Number: 241943100010209 Name: KORNICK, MICHAEL L Legal: 19 35 40 FROM NE COR OF SW 1/4 Address: 2830 Yates Rd OF SE 1/4 RUN S 175 FT FOR Fort Pierce, FL 34981-5329 POB,TH CONT S 220 FT,TH W 93.3 ! Fr,TH N 220 FT,TH E 93.3 FT TO I POB (72A) (0.47 AC) (OR 658-1033) I parcel Number: 241943100040004 I , Legal: 19 35 40 FROM NE COR OF NE 1/4 Name: SENTZ, IRVIN L OF SW 1/4 OF SE 1/4 RUN W 143.3 Name: SENTZ, CECELIA M FT,TH S 33 FT FOR POB,TH W 95.2 Address: 4501 Kirby Loop Rd FT,TH S 262 FT,TH E 95.2 Fr,TH N Fort Pierce, FL 34981-5343 262 FT TO POB (71A) (0.57 AC) (OR 319-2520) NOTE: ATTACH ADDITIONAL SHEETS AS NECESSARY. IMPORTANT: IN ANY PROCEEDING WHICH REQUIRES A PUBLIC HEARING, PETITIONER SHALL PROVIDE PRE-STAMPED, PRE-ADDRESSED ENVELOPE AND CERTIFIED MAlL RETURN RECEIPTS TO ST. LUCIE COUNTY WHICH WILL BE USED TO PROVIDE NOTICE OF THE SCHEDULED PUBLIC HEARING TO EACH OF THE ÀBOVE PROPERTY OWNERS. 1.· .- .. . . / d l; }¡...:!/ ~. '/ " / "'¡/ '1/ P II '-' """'" EXHIBIT, "D" Type or print name, address, property identification number, and legal description of surrounding affected properties here r Owner Name and Address I Tax 1. D. Number and Property Legal Description Pa~el Number: 241943100050001 \ Name: TUCKER, ROBERT Legal: 19 35 40 FROM NE COR OF NE 1/4 0 J F SW 1/4 OF SE 1/4 RUN W 238.5 F Address: 4575 Kirby Loop T,TH S 33 FT FOR POB,TH S 262 FT Rd ,TH W 91.5 FT,TH N 70 FT,TH W 10 Fort Pierce, FL 34981-5343 5 FT,TH N 192 FT,TH E 196.5 FTTO POB (1.01 AC) (OR 745- I I 515:877-2 NOTE: ATTACH ADDITIONAL SHEETS AS NECESSARY. IMPORTANT: IN ANY PROCEEDING WHICH REQUIRES A PUBLIC HEARING, PETITIONER SHALL PROVIDE PRE-STAMPED, PRE-ADDRESSED ENVELOPE AND CERTIFIED MAIL RETURN RECEIPTS TO ST. LUCIE COUNTY WHICH WILt BE USED TO PROVIDE NOTICE OF THE SCHEDULED PUBLIC HEARING TO EACH OF THE ABOVE PROPERTY OWNERS. '-' '-' EXHIBIT "E" INDIAN RIVER COMMUNITY COLLEGE OWNS THE PROPERTY ON BOTH SIDES OF THE SUBJECT PROPERTY. """ Fort Pierce Utilities Authority "Committed to Quality" '-' EXHIBIT "F" 1701 South 37th Street (34947) P. O. Box 3191 Fort Pierce, FI 34948-3191 Phone: (561) 466-1600 Ext. 6757 Fax: (561) 461-1938 June 7, 2001 Indian River Community College 3209 Virginia Avenue Fort Pierce, FL 34981 Attn: Mr. Karl V. Guettler Dean of Auxiliary Services & Facilities Planning Re: Abandonment of Holm Road Right-of-Way and Utility Easement Dear Mr. Guettler: As per stated on the May 22, 2001 letter, future plans will require FPUA to remove the existing single phase overhead distribution line. Therefore, The Fort Pierce Utilities Authority (Electric/Water/Wastewater/Gas Department) does not have any objection to the abandonment ofthe existing Holm Road right-of-way and the utility easement north of Holm Road. ~relY, _\~ -- --:> Paul Laguerre Electric Engineo::ring Coordinator cc: Jeremiah Johnson, Environmental Engineer File RECEJVED JUt ? ~ "L' f¡~1 J. v 0., ..' ~ "-' -...I @ BELLSOUTH BellSouth Telecommunications, Inc. 3300 Okeechobee Road Room 213 Fort Pierce, FL 34947-4552 Billie C. Greenliel General Manager-Network Operations Indian River ~ivision 561 468 9970 Fax 561 4664705 July 16,2001 '~l ~ , r-... (-:'1 .rl I" ! Mr. Karl V. Guettler Dean of Auxiliary Services and Facilities Planning Indian River Community College 3209 Virginia Av., Fort Pierce, FL 34981-5596 "~j RE: PETITION TO ABANDONN ACATE EASEMENT Holm Rd Right of Way, an unpaved public road 30 ft. wide, extending 627 ft. north from Kirby Loop Rd and dead ends in the center of the grove. Dear Mr. Guettler: Per your request dated July 13, 2001, BellSouth has no objection to the abandonment ofthe utility easement described herein: Holm Rd Right of Way, an unpaved public road 30 ft. wide, extending 627 ft. north from Kirby Loop Rd and dead ends in the center of the grove. We have no facilities within this portion of said utility easement. If you require further assistance, please contact Anje D. Deocampo at (561) 468-5514. Yours truly, 1# Billie C. Greenlief General Manager cc: add '-' "wi - - ATSaT Broadband Suite 100 2601 sw 145 Avenue Miramar. FL 33027 July 23,2001 Mr. Karl V. Guettler Dean of AuxiliaIy Services & Facilities Plamring Indian River Community College 3209 VlTginia Avenue Ft Pierce, FL 34981-5596 Subject: Conditional Abandonment of Easement - Holm Road (Grove Access) Dear Mr. Guettler, AT&T Broadband has no objection to the abandonment of the easement described subject to the following conditions: · No existing equipment (cable or electronics) shall have to be removed or redesigned. · Full access to all existing equipment will be maintained. · No costs will be incurred by AT&T Broadband as a result of this action. · Locates will be called in before any digging. If! can be of any further assistance please call me at 954-538-9308. ;Z¡~!i/ . 4£M Mmûn ! ~;or of Consttuction Florida Markets ....;, Cc: Steve Abaldo @ Recycled Paper \ JOANNE ~AN, CLERK OF THE CIRCUIT COURT - SAINT L' ''õ COUNTY File Numær: 1824146 OR BOOK 13H PAGE 579 .~ , '. . Recordedl07~00 11:50 THIS INSTRUMENT PREPARED BY'-:.f1v-JÁ yf-;" ROBERT M. LLOYD, ATIORNEY AT LAW Exhibit "G" 200 SOUTH INDIAN RIVER DRIVE, SUITE 301 FORT PIERCE, FLORIDA 34950 PARCEL ID NOS. Parcel I (2420-322-0001-000/2 and 2420-331-00011000/0); Parcel 2 (2419-411-0001-000/1 and 2419-413-0001-00017): Parcel 3 (2420-313-0001-000/4); Parcel 4 (2419-411-0002-000/8 TRUSTEE'S DEED fl) THIS INDENTURE, executed thisJLday of July, 2000, between WILLIAM ROY CHILDS, as Successor Trustee of the IDA 1. CHILDS TRUST dated August 15, 1996, hereinafier referred to as "Grantor", and INDIAN RIVER COMMUNITY COLLEGE, whose mailing address is 3209 Virginia Avenue, Fort Pierce, Florida 34981, hereinafter referred to as "Grantee". WITNESSETH NOW, THEREFORE, in consideration of the premises and the sum ofTen Dollars ($10.00) and other good and valuable consideration, in hand paid, Grantor hereby grants, bargains, sells, alien, remises, releases, conveys and confirms unto the Grantee, and to Grantee's successors and assigns forever, that certain real property situate in St. Lucie Counly, Florida, more particularly described as follows: An undivided one-half interest in and 10 Parcels I and 2 of the following described land: PARCEL I: The West y, of the Northwest 114 of the Southwest 114; the Southeast 114 ofthe Northwest 114 of the Southwest 1/4; and the East Y> of the Southwest 1/4 of the Southwest 1/4, all in Section 20, Township 35 South, Range 40 East. .. .. .. .....t::>t::> =>00 ,...,.nn -< -< :I> D>D>UI XxUl <= '" u SUBJECT TO easements in favor of Florida Power & Light Company as granted by that certain Grant of Easement dated February 24, 1975 and recorded in O.R. Book 236, Page 2427, of the Public Records of Sl. Lucie County, Florida and other easements of record, if any. "'ffl'" The East Y> of the Northeast 114 ofthe Northeast 1/4 of the Southeast 114; the Southeast 1/4 of the Northeast 1/4 of the Southeast 1/4; the Southwest 1/4 of the Northeast 1/4 of the Southeast 114; and the Southeast 114 of the NOIihwest 1/4 of the Southeast 114, all in Section 19. Township 35 South, Range 40 East. :f' 0' 0::50 oo,~ 000 PARCEL 2: SUBJECT TO easements in favor of Florida Power & Light Company as granted by that certain Granl of Easement dated February 24,1975 and recorded in O.R. Book 236, Page 2427, of the Public Records of St. Lucie County, Florida and other easements of record, if any. DR 800K~4 PAGE 580 . ....,; PARCEL 3: An undivided 29.6622% interest in and to the Southwest 1/4 of the Northeast 1/4 of the Southwest 1/4 of Section 20, Township 35 South, Range 40 East. SUBJECT TO easements of record, if any. PARCEL 4: All of the West 3/4 of the North Yz of the Northeast 1/4 of the Southeast 1/4 of Section 19, Township 35 South, Range 40 East. SUBJECT TO easements in favor of Florida Power & Light Company as granted by that certain Grant of Easement recorded in O.R. Book 237, Page 2798, of the Public Records ofSt. Lucie County, Florida and other easements of record, if any. As to all Parcels: LESS AND EXCEPT rights of way for public roads and canals of the North St. Lucie River Water Management District. SUBJECT TO comprehensive land use plans, zoning, restrictions, prohibitions, and other requirements imposed by governmental authority; reservations and restrictions of record, if any; and taxes accruing subsequent to December 31,1999. TOGETHER WITH the 2000-2001 citrus crop, and all future citrus crops, growing on the above described lands. TOGETHER with all and singular the tenements, hereditament and appurtenances belonging or in anywise appertaining to said real property. TO HAVE AND TO HOLD the same to the Grantee, and to Grantee's successors and assigns, in fee simple forever. AND the Grantor does coven anI to and with the Grantee, its successors and assigns, that said real property is free from any encumbrances made by Grantor. IN WITNESS WHEREOF, the Grantor has executed this instrument the day and year first above written. Signed, sealed and delivered in the presence of: t~.4% RÓbert M. Lloýd Witness - vJ~~ ~ WILLIAM RO HILDS, as Successor Trustee of the IDA 1. CHILDS TRUST daled August 15, 1996 2715 S.lndian River Drive ForI Pierce, Florida 34949 Stacy """" "wi . DR BOOK 1314 PAGE 581 .-- STATE OF FLORlDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this ) rln day of July, 2000, by WILLIAM ROY CHILDS, as Successor Trustee of the IDA L. CHILDS TRUST dated August 15, 1996, who is personally known by me. ~~~~~~C~d-tø Notary Public - State of Florida · statutes->View Statutes->2000->ChOI96->Section 198: Online Sunshine Page 1 of 1 '-" ....." EXHIBIT "H" SOnline h. uns Ine Wel(ome \.. SessioA I.(omrnitlees \. L""¡slolors \ Idol.Oliol ~ Lobb,¡~t \ -. CUler ~1.foldlOIiOll Search Statutes Constitution Laws of Florida Order View Statutes Select Year: 12000 ~ ~ The 2000 Florida Statutes Title XIV Chapter 196 View Entire Chapter TAXATION AND FINANCE Exemption 196.198 Educational property exemption,--Educational institutions within this state and their property used by them or by any other exempt entity or educational institution exclusively for educational purposes shall be exempt from taxation. Sheltered workshops providing rehabilitation and retraining of disabled individuals and exempted by a certificate under s. (d) of the federal Fair Labor Standards Act of 1938, as amended, are declared wholly educational in purpose and shall be exempted from certification, accreditation, and membership requirements set forth In s. 196.012. Those portions of property of college fraternities and sororities certified by the president of the college or university to the appropriate property appraiser as being essential to the educational process shall be exempt from ad valorem taxation. The use of property by public fairs and expositions chartered by chapter 616 is presumed to be an educational use of such property and shall be exempt from ad valorem taxation to the extent of such use. Property used exclusively for educational purposes shall be deemed owned by an educational institution if the entity owning 100 percent of the educational institution is owned by the identical persons who own the property. If legal title to property is held by a governmental agency that leases the property to a lessee, the property shall be deemed to be owned by the governmental agency and used exclusively for educational purposes if the governmental agency continues to use such property exclusively for educational purposes pursuant to a sublease or other contractual agreement with that lessee. If the title to land is held by the trustee of an irrevocable inter vivos trust and if the trust grantor owns 100 percent of the entity that owns an educational institution that is using the land exclusively for educational purposes, the land is deemed to be property owned by the educational Institution for purposes of this exemption. Property owned by an educational institution shall be deemed to be used for an educational purpose if the institution has taken affirmative steps to prepare the property for educational use. Affirmative steps means environmental or land use permitting activities, creation of architectural plans or schematic drawings, land clearing or site preparation, construction or renovation activities, or other similar activities that demonstrate commitment of the property to an educational use. History,us. 10, ch. 71-133; s. 1, ch. 77-102; ss. 35,37, ch. 90-203; s. 2, ch. 91-121; s. 1, ch. 99-283; s. 4, ch. 2000-262. Welcome. Session. Committees. Legislators . Information Center. Statutes and Constitution. Lobbvist Information Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright © 2000-2001 State of Florida. Contact us. Privacv Statement http://www.leg.state.fl.us/statut.../SEC198.HTM&Title=->2000->ChO 196->Section%20 19 06/06/2001 "-" "'-tIll EXHIBIT "I" Resolution of Abandonment by Municipality (Only if petition site is within a municipality) N/A '-' "-'" EXHIBIT "J" The District Board of Trustees of Indian River Community College recenUy purchased 100 + acres north of Kirby Loop Road that is currently an active citrus grove. In the center of this property is an unpaved public road right-of-way that starts at Kirby Loop Road and dead ends in the center of the grove. The District Board of Trustees owns all of the property abutting this road right-of-way and the road no longer serves any public purpose. The Board is requesting this right-of-way be abandoned to enable the College to begin the development of the property north of Kirby Loop Road. '-' '-" ~ illli THE TRIBUNE ST. LUCIE COUNTY, FLORIDA P.O. Box 69, Fort Pierce, FL 34954-0069 SCRIFPS HOWARD AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNlY OF ST. LUCIE Before the undersigned authority personally appeared, Lynn Ferraro, General Manager; Kathy LeClair, Business Manager or Dorothy Dicks, Advertising Manager of The Tribune, a daily newspaper published at Fort Pierce in St. Lucie Counly, Florida; that the attached copy of advertisement was published in The Tribune in the following issues below. Affiant further says thaI the said Tribune is a newspaper published at Fort Pierce in said St. Lucie County, Florida and that the said newspaper has heretofore been continuousiy published in said St. Lucie County, Florida daily and distributed in St. Lucie County, Florida, for a period 01 one year next preceding the first publication of attached copy of advertisement; and affiant further says that helshe has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Tribune has been entered as second class matter at the Post Office in Fort Pierce, St. Lucie County, Florida and has been for a period of one year next preceding the firsl publication of the attached copy of advertisement. Ad # Name Date Price Per Dav f.Q.-1t 2161668 IRCe BOARD OF TRUST 06/01/2001 $101.65 IRCe BOARD OF TRUST 06/07/2001 $101.65 Total $203.30 Subscribed and sworn to me before this date: of/O? /2001 _LGJiQl~æ~ _____~L1SfÆ~A--~------ Notary Public -V- NOTICE OF INTENT TO ABANDON To Whom It May Cone:ern: You will take notice that in accordclI''CII with th.. provi- sions of SectionS 177.101, as amended 336.09 and 336.10. Florido Statues, as amended. Clnd St. Lucie County Land Development Code, Section 11.10.01 at. seq., The DistrIct Boord" of Trustees of Indian River Community College intends to fHe 0 petition requesting that the St. Lucole County Board of County Comm¡s~ sloners close, vacote, ond abandon that p~tion of (1 public road (Holm Rood). ..Inafter described, and renounce and disclaim any rIght of St. lude County and the public in and to the lands lying, within. thet por- tion of $CIid publIc road (Holm Road)'~ In St. lude County, Florida, described as follows: legal Deserlptlon: Holm Rood A parcel of .Iand lying in Sedion 19. Township 35 South Range 40 East. SI. lucie' County, Florida, being more particularly deseribed QS follows: Commence at the SW cor~ ner of laid Section 19, thence N 02,22'52- W. along the E line of the SE _ of soid Section 19, a dis~ tonce of 130&.45 ft to the intersection with the center- line of Kirby Loop Rd; thenco. S 88.06'52" W, along the centerline of said Kirby Loop Rd, CI dlstanll;. of 666.130 ft; thence S 87.49'31" W, along said cenlerllne. a distance of 671.99 H; thence N 01.56'06- W, departing soid centerline. a· dislance of 33.00 ft to a point on the N right.of-way line of said Kirby loop Rd, being the point of beginning. Thence 5 87.49'31" W, along the N right'of~woy line at said Kirby loop Rd. (] distance of 15.00 ft, thence N 01.56'06" W, departing laid N r¡gþt-of~ way line, 0 distance of 619:17 ft, thence N 87.52'58" e, a distcnce of 30.00 ft; thence S 01.56'06" E, a dIstance of 619.14 ft to a point an th. said N rigl'tt-of-way line; thence 5 87.49'31" W, along said N right-of-way line. a distance of \5.00 ft to the point of ~inn¡ng. Containing 0.43 00:=r8S, more or less. Nome of Petitioner: District Board of Trustees of Indion River Community College 3209 Virginia Avenue Fort Pierce. Fl 34981-5596 Publisl't: June. 1 & 7. 2001 2'61668 , \1 '-" AGENDA REQUEST ..." f1 ITEM NO. 50 DATE: September 11, 2001 REGULAR [] PUBLIC HEARING [XX] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: 2001 Economic Development Ad Valorem Tax Exemption Application - TJ' Truss Corp. BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt Ordinance No. 01-14 as drafted. [x] APPROVED [ ] DENIED [ ] OTHER: 5-0 o las Anderson County Administrator COMMISSION ACTION: County Attorney: Jy Review and Approvals Management & Budget Purchasing: ~ Originating Dept. Public Works Dir: County Eng. : Finance: (Check for Copy only, if applicable) Eff. 5/96 '-" "'-" INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. 01-2085 DATE: August 29, 2001 SUBJECT: 2001 Economic Development Exemption Application - T.J. Truss Corp. ----------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- BACKGROUND: On October 6, 1992, the Board adopted Ordinance No. 92-24 establishing a program to exempt certain new and expanding businesses from ad valorem taxation as allowed by state law. The ordinance was adopted subject to a referendum held on November 3,1992 which passed. Resolution No. 92-264 adopted on October 20, 1992 established a property tax exemption phase out schedule and a property tax exemption eligibility rate schedule for new or expanding businesses. Attached is an application filed by T.J. Truss Corp. As required by state law, the application waS forwarded to the St. Lucie County Property Appraiser for review. The comments and findings of the Property Appraiser are contained in the application. As the findings state, T.J. Truss Corp. submitted the required information and met the statutory definition of a new business. The Property Appraiser's estimate of the taxable value lost to the County if the exemption is granted is $69,031.00. The estimate of revenue lost to the County if the exemption was granted during the current fiscal year is $617.52. The application reflects 40 St. Lucie County residents to be employed by T.J. Truss Corp. Under the property tax eligibility chart, it appears that T.J. Truss Corp. would receive a six (6) year exemption, phased as follows: '-' ....., Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 100/0 90/0 80/0 60/0 40/0 20/0 After the first year of exemption, if a business can verify that more than sixty (60/0) or eighty (80/0) percent of its full-time employees have been residents of St. Lucie County for more than six (6) months prior to employment, then the business may be entitled to additional years of exemption. Also attached is a copy of draft Ordinance No. 01-14 which, if adopted, would grant T.J. Truss Corp. an economic ad valorem tax exemption for a period of six (6) years. Permission to advertise was granted on August 28, 2001 and notice of the public hearing was published in the Tribune on August 31, 2001. RECOMMENDATION/CONCLUSION: Staff recommends that the Board adopt Ordinance No. 01-14 as drafted. Respectfully submitted, d Daniel S. McInt e County Attorn DSM/caf Attachments Feb 15 01 04:32p St. Lucie Count::! Flor-ida 4621581 p. 1 ..3 ~ t. '-' ." ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTfO'N APPLICATION Ordinance No. 92-24, St. Lucie County Code of Ordinances, Chapter 196, Florida Statutes ..' To be filed with the Board of County Commissioners of St. Lucie County, Florid~no later than March I of the year the exemption is desired to take effect Please attach additional information, if necessary or requested. I. Business Name and Mailing Address: --=r:J. J;.ll c: ~ lad 11 \1'(" ¡a l L~ 3 œ E-t r.. f' f( I" I Fl. c o"-r ::3 L{ 9.:1 (p d90D 2. Please give name and telephone number of Owner or Person in Charge of this business: Name; Jo fY\~ c::.. J. 1.t)1-\ I'ft" TelephoneNurnber: (~v I ì 411Jln ~ ,~38~ 3. Exact Location (Legal Descripti~n and Street Address) of Property for which this return is filed; ~ ~~Æj;;~~~ I 3~'- ~+. p~.~~~ EI. ~L{~~ L6 J iY\c U~i~ I ~ ~4, ()~ nrs \ ~I~ J ~ 4 h 9, inc..\Ú's'ì\Je..¡ ßloc...~ (P51 3Qf') Lu.c..ic. PIQ2.a Unit- O"~I ST. Lúc..\~ COUf\t"\-(1 Fl. 4. Date you began, or will begin, business at this facility: O('_tn C~ (' , ;;¿ oon 5. a. b. ent of construction ofimpToveme ts: ~()\It"......... (>("K ';?9 J d ann 6, a. Description of the tangible personal property for which this exemption is requested and date when ~roperty was, or is to be, purchased; .---/ ,. Taxpayer's APPRAISER'S Estimate .. Taxpayer's USE Date of Estimate of ONLY of Original Condition Fair Market Class of Item Age Purchase Cost Good Avg. Poor Value Condition <.., p e. (}+f-n fI hp A , . " , I, . -.... ~ :~.' '\ . ì ,.. ,,\ , if '! :: ", fEB 2 8 2001 lb.,. ~ l , " ,.., ,~~" co'-;,.':':', ~\.~:;, 'C:",j"<,.': '~...- '.' , .: ~,- . ...., ~._-:;' " . '.'--' It; . '. --7" ~ ''''. ~ .. b· 15 01 04: 33p St. Lucie Count~ Florida 4621581 p.6 ~ -...I I. , .~. ( .... .... b. Average Value ofInventory on hand: lþ q 5, 000. 0 0 c. Any additional personal property not listed above for which an exemption is claimed m1,lSt be returned on fonn 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: CÖ()s'tI'"lJ C t1fîn 0+ LOnerl +-ru<:.'ìt'"S. 9. Trade Level (Check as many as apply): Wholesale _ Manufacturing / Service Office"/ Other Profes~ional / 10. a. Number of full-time employees to be employed in St Lucie County, Florida 4 0 b. If an expansion of an existing business: (1) Net increase in Employment L-f 0 'j. (2) Increase in productive output resulting fÌ'omthis expansion <l¡ 5 CY\; \ \ " 0 () 11. Sales factor for the facility requesting exemption: Total sales in Florida fÌ'om this facility-One (1) location only '~ 11.0 g ~ 1- i. 33 divided by Total sales everyWhere fÌ'om this facility-One (1) location only ~ It. g Y 1-Li. 3 ~ = _\ I 12. For office space owned and used by a corporation newly domiciled in Florida: a. . Date ofincorporationinFlorida~ -.JQr'vtl 0 n.r ,=)¡ ~ aDO b. Number of FulI-time employees at this' location: t..f 0 13. If requesting an exemption due to location in a slum or blighted area, please furnish such' additional infonnation as required by the Board of County Commission or Property Appraiser. 2 Fe~ 15 01 04:32p St. Lucie Count~ Florida 4621581 p.2 '\w' 'wi , I hereby request the adoption of an ordinance granting an exemption from ad valorem taxation on the above property pursuant to Section 196.1995, Florida Statutes as incorporated by Ordinance No. 92-24, St. Lucie County Code of Ordinances. I agree to furnish such other reasonable information as the Board of County Commissioners or the Property Appraiser may request in regard to the exemption requested herein. I hereby certify that the information and valuation stated above by me is true, correct, and complete to the best of my knowledge and belief (If prepared by someone other than the taxpayer, his declaration is based on all information of which he has any knowledge.) DATE: ;;2. / ;;¡g I b I SIGNED: -, SIGNED: TITLE: ~Ce. f}6,j~r't 5~ 1- L ÍR~ - 33ó~ (preparer's Telephone Number) PROPERTY APPRAISER'S USE ONLY 1. Total revenue available to the county or muniCipality for the CWTent fiscal year from ad valorem tax sources: 68,695,677.12 2. Revenue lost to the county or municipality for the current fiscal year by virtue of exemptions previously granted under this section: 106.041. 79 3. Estimate of the revenue wlúch would be lost to the county or municipality during the current fiscal year if the exemption applied for were granted had the property for which the exemption is requested otherwise been subject to taxation: 617.52 4. Estimate of the taxable value lost to the county if the exemption applied for were granted: 69,031 5. Estimated number of St. Lucie County residents to be employed in county: 40 Improvements to real property 30,600 PersonaI Property 38,411 6. I have determined that the property listed above meets the definition, as defined by Section 196.012(15) or (16), Florida Statutes, as incorporated by Ord. No. 92-24, St. Lucie County Code of Ordinances as a New Business X , as Expansion of an Existing business , or Neither 7. Last year forwhichexemptionmay be applied: DATE: SIGNED: RETURN TO BE FILED NOT LATER THAN MARCH 1 3 ~ 'WI ORDINANCE NO. 01-14 AN ORDINANCE RELATING TO ST. LUCIE COUNTY, FLORIDA, TO ENCOURAGE ECONOMIC DEVELOPMENT IN THE COUNTY ; ESTABLISHING AN EXEMPTION FROM CERTAIN AD VALOREM TAXATION FOR T.J. TRUSS CORP., 2900 INDUSTRIAL 33RI>. FORT PIERCE, FLORIDA, A NEW BUSINESS; PROVIDING THE AMOUNT OF REVENUE AVAILABLE FROM AD VALOREM TAX SOURCES FOR THE CURRENT FISCAL YEAR AND THE AMOUNT OF ESTIMATED REVENUE FROM THE CURRENT FISCAL YEAR WHICH WOULD BE LOST BECAUSE OF THE EXEMPTION GRANTED TO T.J. TRUSS CORP.; PROVIDING AN EXPIRATION DATE OF THE EXEMPTION FROM THE DATE ON BOARD ADOPTION OF THIS ORDINANCE; PROVIDING A FINDING THAT T.J. TRUSS CORP. MEETS THE DEFINITION OF A NEW BUSINESS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: ARTICLE I Short Title This Ordinance shall be known as County Ordinance No. 01-14 "Economic Development Ad Valorem Tax Exemption - T. J. Truss Corp. ARTICLE II Procedure After consideration of the report of the Property Appraiser and in accordance with the procedure set forth in County Ordinance 92-24, "Economic Development Ad Valorem Tax Exemption Regulations of St. Lucie County, Florida", the Board grants and establishes an '-' ....,; exemption from ad valorem taxation of the assessed value of T.J. Truss Corp., 2900 Industrial 33rd, fort Pierce, florida, in accordance with the following exemption phase out schedule: Year 1 (fiscal Year 2001-02) Year 2 Year 3 Year 4 Year 5 Year 6 100% 90~o 80~o 60~o 40~o 20~o No exemption shall be granted on the land on which improvements are made by T. J. Truss Corp. ARTICLE III Ad Valorem Tax Revenues Total revenues are available to the County for the current fiscal year from ad valorem tax sources is $68,695,677.12. Revenues lost to the County for the current fiscal year by ad valorem tax exemptions under this section currently in effect are $106,041.79. Revenues to be lost by granting of this exemption for the current fiscal year are estimated to be $617.52. ARTICLE IV Expiration Date The Economic Development Ad Valorem Tax Exemption granted to T.J. Truss Corp. a new business shall be for six (6) years from the date of Board adoption of this Ordinance. '-" ....., ARTICLE V Finding The Board of County Commissioners of St. Lucie County, Florida, finds that T.J. Truss Corp. is a new business as defined by St. Lucie County Ordinance No. 92-24 and Section 196.012(16), Florida Statutes. The Board reserves the right to repeal the exemption if T.J. Truss Corp. no longer satisfies the criteria set out above. ARTICLE VI Severability If any section, subsection, paragraph, sentence, clause, phrase, or portion of this Ordinance is for any reason found void, invalid, unlawful, or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, independent, and severable provision and such holding shall not affect the validity of the remaining portions of this Ordinance. ARTICLE VII Effective Date This Ordinance shall take effect upon receipt of notice of filing from the Secretary of State. ARTICLE VIII Adoption After motion and second, the vote on this Ordinance was as follows: Chairman Frannie Hutchinson xx '-" 'wJI Vice Chairman Doug Coward xx Commissioner John Bruhn xx Commissioner Paula Lewis xx Commissioner Cliff Barnes xx PASSED AND DULY ADOPTED this _ day of ,2001 ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney .. '-' AGENDA REQUEST ITEM·~. ,~ DATE: September 11, 2001 REGULAR [] PUBLIC HEARING [XX] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: 2001 Economic Development Ad Valorem Tax Exemption Application - Twin Vee Powercats. Inc. BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt Ordinance No. 01-15 as drafted. COMMISSION ACTION: CONCURRENCE: u as Anderson County Administrator ~] APPROVED [ ] DENIED [ ] OTHER: 5-0 County Attorney: ~ Review and Approvals Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng. : Finance: (Check for Copy only, if applicable) Eff. 5/96 '-' '-' INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY. FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. 01-2076 DATE: August 29, 2001 SUBJECT: 2001 Economic Development Exemption Application - Twin Vee Powercats, Inc. ----------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- BACKGROUND: On October 6, 1992, the Board adopted Ordinance No. 92-24 establishing a program to exempt certain new and expanding businesses from ad valorem taxation as allowed by state law. The ordinance was adopted subject to a referendum held on November 3, 1992 which passed. Resolution No. 92-264 adopted on October 20, 1992 established a property tax exemption phase out schedule and a property tax exemption eligibility rate schedule for new or expanding businesses. Attached is an application filed by Twin Vee Powercats, Inc. As required by state law, the application was forwarded to the St. Lucie County Property Appraiser for review. The comments and findings of the Property Appraiser are contained in the application. As the findings state, Twin Vee Powercats, Inc. submitted the required information and met the statutory definition of an new business. The Property Appraiser's estimate of the taxable value lost to the County if the exemption is granted is $477,249. The estimate of revenue lost to the County if the exemption was granted during the current fiscal year is $4,269.28. The application reflects 40 St. Lucie County residents to be employed by Twin Vee Powercats, Inc. Under the property tax eligibility chart, it appears that Twin Vee Powercats, Inc. would receive a five (5) year exemption, phased as follows: '-' -...I Year 1 Year 2 Year 3 Year 4 Year 5 lOO'Yo 80'Yo 60'Yo 40 'Yo 20'Yo After the first year of exemption, if a business can verify that more than sixty (60'Yo) or eighty (80'Yo) percent of its full-time employees have been residents of St. Lucie County for more than six (6) months prior to employment, then the business may be entitled to additional years of exemption. Attached is a copy of draft Ordinance No. 01-15 which, if adopted, would grant Twin Vee Powercats, Inc. an economic ad valorem tax exemption for a period of five (5) years. Permission to advertise was granted on August 28, 2001 and notice of the public hearing was published in the Tribune on August 31, 2001. RECOMMENDATION/CONCLUSION: Staff recommends that the Board adopt Ordinance No. 01-15 as drafted. Respectfully submitted, DSM/caf Attachments ST. LUCIE COUNTY BOARD OF COUNTY COMMISÇ;IONERS ECONOMIC DEVELOP~ T AD VALOREM TAX EXEMP...., APPLICATION Ordinance No. 92-24. Sl. Lucie County Code of Ordinances, Chapter 196, r-Iorida Statutes To be filed with the Board ofCounty Commissioners of St. Lucie County, Florida, no later than March I of the year the exemption is desired to take effect. Please attach additiona! information, if necessary or requested. JG0C~ <;,¡:; 1/1 /!-, e ¡;';rtÿr>/? D r o~ +1cuf' ('(tC,6' / /7( ?or'l- 5;. ¿-u(','(" R.. 3 <,'7<:)"7 1. Business Name and Mailing Address: Tt./U) J/(-7f-' 2. Please gtx,e name and telephone number of Owner or Person in Charge,Pf this business: . Name: 1<"1(:-'( ~nShê't Telephone Number: [5"'/) 337-c.(,3 ~ Exact Location (Legal Des~ription and Street Address) of Property for which this return is filed: f-D-J-{/ B)ötk-7 tsrf 5+.Ll'fC ?:/}¿j(/"jfn'o.l HrJ<. U111f-ì I / ¡..,h0 ,<7' E. l ~VIO:<í ('" ?'ýr-~¡;? D ". 3. 4. Date you began, or will begin, business at this facility: ----A- u11 / -;f- J...5 2DúÔ 5. a. Description of the improvements to real property for which this exemption' is requested: _ '2-D 080 ~i I-~L 4Jú.,'t> }tD.,"; ~ f)S'5<,>{¿.jjj hl!/µ /'7-t,' , . ), b. Date of conunencement of construction of improvements: --- \\ c\ ¡,'\¡/, (J ? 2ðéJ¿) , 6. a. Description of the tangible personal property for which this exemption is requested and date when \ property was, or is to be, purchased: '" -------- Taxpayer's APPRAISER'S Estimate Taxpayer's USE Date of Estimate of ONLY of Original Condition Fair Market Class of Item Age Purchase Cost Good Avg. Poor Value Condition ?J) GOO 5", - ,Eo_,I::Ì¡. f./t!. ,,3,ia)oc '¿OO ¿JOi) lY' f)¿?éJ. /Jt! 0 (;- DC, V'I v , Z. 1'\~. ~ ;"'-f ~C'.' Le. 0 '-' ....., b. A verage Value of Inventory on hand: cf LIeD Œ;o I c. Any additional personal property not listed above for which an exemption is claimed must be returned on form DR-405 (Tangible Personal Property Tax Return) and a copy attached to this form. 7. Do you desire exemption as a: "New Business" or as an L "Expansion of an Existing Business" 8. Describe the Type or Nature of Your Business: -Bc(j Me." ¡} -Ccj }.i ,.~;. (I S 1;> /)~ 9. Trade Level (Check as many as apply): Wholesale _ Manufacturing X Service Office Other Professional 10. a. Number of full-time employees to be employed in St. Lucie County, Florida 0/ b. If an expansion of an existing business: (1) Net increase in Employment L-û (2) Increase in productive output resulting from this expansion 1;7f/'"P,"«~ a.,.J.~,..- {-,¡;J,b .3:~{<: I /~ 11. Sales factor for the facility requesting exemption: ç 5' 5c'¿~ Total sales in Florida from this facility-One (1) location only / Atl /l<./"'"'- divided by , Total sales everywhere from this facility-One (1) location only ¡ 7. Iv... ¡(I. = ?, 7 1<-1'/ ¡, ÓL.., tf / ¡'Lt,'11 --;-ft;. /, "", '11·- .5 «;<j) '-3)" For office space owned and used by a corporation newly domici(ed in Florida: a. Date of incorporation in Florida: VI ç '7' 12. b. Number of Full-time employees at this location: ,3/ 13. If requesting an exemption due to location in a slwn or blighted area, please furnish such additional information as required by the Board of County Commission or Property Appraiser. 2 '-' -.J 1 h~æby request the adoption of an ordinance granting an exemption from ad valorem taxation on the above property pursuant to Section 196.1995, Florida Statutes as incorporated by Ordinance No. 92-24, St. Lucie County Code of Ordinances. I agree to furnish such other reasonable information as the Board of County Commissioners or the Property Appraiser may request in regard to the exemption requested herein. I hereby certify that the information and valuation stated above by me is true, correct, and complete to the best of my knowledge and belief. (If prepared by someone other than the taxpayer, his declaration is based on all information of which he has any knowledge.) DATE: 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 from ad valorem tax sources: 68.695.677.12 2. Revenue lost to the county or municipality for the current fiscal year by virtue of exemptions previously granted under this section: 106,041.79 3. Estimate of the revenue which would be lost to the county or municipality during the current fiscal year if the exemption applied for were granted had the property for which the exemption is requested otherwise been subject to taxation: 4 7¡;g.2R , 4. Estimate of the taxable value lost to the county if the exemption applied for were granted: 477.249 5. Estimated number of St. Lucie County residents to be employed in county: 40 Improvements to real property 401,900 Personal Property 75 , 349 6. I have determined that the property listed above meets the definition, as defined by Section 196.012(15) or (16), Florida Statutes, as incorporated by Ord. No. 92-24, St. Lucie County Code of Or9inances as a New Business , as Expansion of an Existing business X , or Neither 7. Last year for which exemptionmay be applied: DATE: SIGNED: RETURN TO BE FILED NOT LATER THAN MARCH 1 .., .) '-' ....., ORDINANCE NO. 01-15 AN ORDINANCE RELATING TO ST. LUCIE COUNTY, FLORIDA, TO ENCOURAGE ECONOMIC DEVELOPMENT IN THE COUNTY; ESTABLISHING AN EXEMPTION FROM CERTAIN AD VALOREM TAXATION FOR TWIN VEE POWERCATS, INC., 1666 S.E. VILLAGE GREEN DRIVE, PORT ST. LUCIE, FLORIDA, AN EXPANDING BUSINESS; PROVIDING THE AMOUNT OF REVENUE A V AILABLE FROM AD V ALOREM TAX SOURCES FOR THE CURRENT FISCAL YEAR AND THE AMOUNT OF ESTIMATED REVENUE FROM THE CURRENT FISCAL YEAR WHICH WOULD BE LOST BECAUSE OF THE EXEMPTION GRANTED TO TWIN VEE POWERCATS, INC.; PROVIDING AN EXPIRATION DATE OF THE EXEMPTION FROM THE DATE ON BOARD ADOPTION OF THIS ORDINANCE; PROVIDING A FINDING THAT TWIN VEE POWERCATS, INC. MEETs THE DEFINITION OF AN EXPANDING BUSINESS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: ARTICLE I Short Title This Ordinance shall be known as County Ordinance No. 01-15 "Economic Development Ad Valorem Tax Exemption - Twin Vee Powercats, Inc. ARTICLE II Procedure After consideration of the report of the Property Appraiser and in accordance with the procedure set forth in County Ordinance 92-24, "Economic Development Ad Valorem Tax '-' ...,¡ Exemption Regulations of St. Lucie County, Florida", the Board grants and establishes an exemption from ad valorem taxation of the assessed value of Twin Vee Powercats, Inc., 1666 S.E. Village Green Drive, Port St. Lucie, Florida, in accordance with the following exemption phase out schedule: Year 1 (Fiscal Year 2001-02) Year 2 Year 3 Year 4 Year 5 100~o 80~o 60~o 40~o 20~o No exemption shall be granted on the land on which improvements are made by Twin Vee Powercats, Inc. ARTICLE III Ad Valorem Tax Revenues Total revenues are available to the County for the current fiscal year from ad valorem tax sources is $68,695,677.12. Revenues lost to the County for the current fiscal year by ad valorem tax exemptions under this section currently in effect are $106,041.79. Revenues to be lost by granting of this exemption for the current fiscal year are estimated to be $4,269.28. ARTICLE IV Expiration Date The Economic Development Ad Valorem Tax Exemption granted to Twin Vee Powercats, Inc., an expanding business shall be for five (5) years from the date of Board adoption of this Ordinance. ....... -...I ARTICLE V Finding The Board of County Commissioners of St. Lucie County, Florida, finds that Twin Vee Powercaats, Inc. is an expanding business as defined by St. Lucie County Ordinance No. 92-24 and Section 196.012(16), Florida Statutes. The Board reserves the right to repeal the exemption if Twin Vee Powercats, Inc. no longer satisfies the criteria set out above. ARTICLE VI Severability If any section, subsection, paragraph, sentence, clause, phrase, or portion of this Ordinance is for any reason found void, invalid, unlawful, or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, independent, and severable provision and such holding shall not affect the validity of the remaining portions of this Ordinance. ARTICLE VII Effective Date This Ordinance shall take effect upon receipt of notice of filing from the Secretary of State. ARTICLE VIII Adoption After motion and second, the vote on this Ordinance was as follows: Chairman Frannie Hutchinson xx '"'" ....., Vice Chairman Doug Coward xx Commissioner John D. Bruhn xx Commissioner Paula Lewis xx Commissioner Cliff Barnes xx PASSED AND DULY ADOPTED this _ day of ,2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY. FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney ~ENDA REQUEST ITEM""O. 3D DATE: September 11, 2001 REGULAR [] PUBLIC HEARING [XX] CONSENT [] TO: BOARD Of COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: 2001 Economic Development Ad Valorem Tax Exemption Application - Matt Stone East, Inc. BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt Ordinance No. 01-17 as drafted. COMMISSION ACTION: 91as Anderson ounty Administrator R ] APPROVED [ ] DENIED [ ] OTHER: 5-0 County Attorney, fit Review and Approvals Management & Budget Purchasing: Originating Dept. Public Works Dir, County Eng. , Finance, (Check for Copy only, if applicable) Eff. 5/96 '-' ..., INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. 01-2078 DATE: August 29, 2001 SUBJECT: 2001 Economic Development Exemption Application - Matt Stone East, Inc. ----------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- BACKGROUND: On October 6, 1992, the Board adopted Ordinance No. 92-24 establishing a program to exempt certain new and expanding businesses from ad valorem taxation as allowed by state law. The ordinance was adopted subject to a referendum held on November 3, 1992 which passed. Resolution No. 92-264 adopted on October 20, 1992 established a property tax exemption phase out schedule and a property tax exemption eligibility rate schedule for new or expanding businesses. Attached is an application filed by Matt Stone East, Inc. As required by state law, the application was forwarded to the St. Lucie County Property Appraiser for review. The comments and findings of the Property Appraiser are contained in the application. As the findings state, Matt Stone East, Inc. submitted the required information and met the statutory definition of an new business. The Property Appraiser's estimate of the taxable value lost to the County if the exemption is granted is $4,513,580. The estimate of revenue lost to the County is the exemption was granted during the current fiscal year is $40,376.68. The application reflects 30 St. Lucie County residents to be employed by Matt Stone East, Inc. Under the property tax eligibility chart, it appears that Matt Stone East, Inc. would receive a six (6) year exemption, phased as follows: '-" '.../ Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 100% 90~o 80~o 60~o 40~o 20~o After the first year of exemption, if a business can verify that more than sixty (60~o) or eighty (80%) percent of its full-time employees have been residents of St. Lucie County for more than six (6) months prior to employment, then the business may be entitled to additional years of exemption. Also attached is a copy of draft Ordinance No. 01-17 which, if adopted, would grant Matt Stone East, Inc. an economic ad valorem tax exemption for a period of six (6) years. Permission to advertise was granted on August 28, 2001 and notice of the public hearing was published in the Tribune on August 31, 2001. RECOMMENDATION/CONCLUSION: Staff recommends that the Board adopt Ordinance No. 01-17 as drafted. Daniel S. McIntyr County Attorney DSM/caf Attachments ST. l,UCIE COUNTY BOARD OF COUNTY COMMISSIONERS ECONOMIC ~EVELOPMENT AD VALOREM T~~EMPTION O~ Mo. '2-2., &~. Luci. CoaDty Cod. ot 0 a, Chapter U', Flori.da. Statute. To be filed with the Roard of County Ccmmi..ion.r. of St. Lucie County, Florid., no l.ter than Karch 1 of the year the examptioo i. d..ired to take effect. Pl.... attach Additional infor.m&tion, it n.c....ry or roqu..ted. 1. Buaine.. N.... .nd Mailing Addru" ¡V\;''f"í S\~o;;; f::i'<.~í :¡:'....¡c.., ) P013oì< ,qZ-9,. 7_Ié:PH"IZ...r.ILL-~ :Pi"" 33.S-3~ 2. PleA.. give name and telephone number of Owner or Per. on in Charg_ of thi. buein.... N.... M""'-IL é.... ~M\<::" c....\-I,\~ -:ç,oJA\J(I........ Off'u...- Tel.phon. Number I 3. 4. s. VAILr:: Q. Date of commencement of conatruction of improvamenta. SC;Pfls;:M ßetL- f(q '7 6. a. D..cription of the tan¡ible per.cnal property fer which thi. examptiDD i. requ..ted and date when property w.., Dr i. to ba, purchaaodl ESTIMATE c APPRAISER'S OF TAXPAYER'S 0 .. DArE CONDIT+ON ESTIMATE OF ., USE .. OF ORIGINAL J .;. 1 FAIR I!AIUŒ'1' '0 CLASS OF ITEM AGE PURCI!ASE COST VALUE e ONLY = 0 1ft U è1FFluÇ' t="U/LUIJV\4 ç-1f'¡)(~') A,¡éW :;«Î'1~ fM 1'600.0 \/ ¡ 5', S"Clo C.ò'M~:::, IJ/JJJ I J S" 000 \/ 13, ¿)¡I'J MACN/lJ6' or J-1/It:¡/JVFI.J.CÎt.J(ZAPJ6 1}J¡fu ¡ J.. ',ð¿l,pC(J 10/ 3 700 ó()ò , I , I I I I I I I I I I TAXPAYER'S b. Average Value ot Inventory on hand: c. Any additional personal property not l~.ted abeve for wh.ch an .xempt~on ~. cl&~.d must be returned on form DR-405 (Tan9~b~~ Personal Property Tax Return) and a copy at~ched to thi. form. 7. Do you de.ire e.~emp~~i_~n aa ___ -Ne'" ~uain..&· ¡;;( or .. cn--Exp-&naiQn of ~n EX:":Jt.i~; ~UIi:';1(.Eia. 0 B. Deecribe ~h. Type or Neturo of Your Budne.., \i\uuf4W-b f\WÜ ~ oF Co¡'C.~ ~c..CAPI¡JD PrDOucTS 9. Trado Level {Chpc~ ~ø ~~ny a~ ~~?l¥:: ,"lhclQ¡¡;;.l.... 0 , }~~uf~ç~u.ing 19' ~~of...ion&~ Florid. 3<:) o San" ice o OUice 0 Other o 10.e. b. Number of full-time employee. to b. .mployed in St. Lucie County, If .n expon.ion of on .xi.ting bu.in.... ,,{~ (1) Net Iner.... in Employment I~ " 11. (2) Increa.. in productive output resulting from this exp&naion Sal.. lector for the facility requuUn9 exemption. .,J (A Totel .ole. in Florid. from thi. facility-On. (1) location only Totel .01.. .verywhere from thi. focility-On. (1) loc.tion only For office .p.c. own.d end u.ed by 0 corpor.tion newly domiciled in Florid.. ~(f\ or , , divided by 12. a. Dat. of incorporation in Floridal L. Number of 7ull-tim. employe.. at thi. location: 13. If requeltinq &n exemption due to location in a alum or bli,hted are., plea.o furni.h auch additional information a. required by the Bo.rd of County ccmmiuion or Prop.rty Appraiaer. NIA. ' r hereby reque8t the adoption of an ordinance qranting An exemption from ad valorem taxation on the above property purluant to Section 196.1955, Florida Statutos a. incorporated by Ord. No. ~2-24, St. Luci. County Code of Ordinance.. I agree to furni.b .uch other r.&I~nAble informAtion aa the Board of County Commillionera Dr the Property Apprailer may requeat in regard to the exemption requ..ted b.r.1.n~ ~. hexeby, certi.fy. that the "information anei valuation atated above by IDe i. true, correct, and complete to the beat, of my knowled9· ~nd b.l~.f. (If prepared by aomeone other than the taxpayer, hie declaration ia baeed on all information of which he haa ::~~nOWledg..) ;2- ;XiJ!o C¿ SIGNED. (Puparu) SIGIŒD. (Taxpayer) Po Wx (q,--' 6€fHyfLt.jIU.s;.. 'fL ~ IPreparer'& Addree.) ( 'i?'3) 76'3-1'17ó (Preparer'& Telephone Number) :s353t:¡ TITIJJ : - PROPERTY APPRAISER'S USE ONLY 1. 2. Revenue 3. E&timate for ""'ere the exemption .pplied (, 5. 6. 4.513,580 -; . 2008 .012(1~J or (IS), ~ or~da StatuteD, an ExpBnBion of an Exieting buaineaa ::lATE: RETur- TO BE FILED NOT ". GJ<H1UUù. DIYORHI.:r~O>I . < \. d Under the conatitutional Lmendment P~'- ~d by the voter. of Florida on October 7, ~_~ tax e~emption. ~&n be granted to new an expandinq buain...e. only after the VDt --- f. city and/or county vote in a ref.rend~ allow exemption. for tha~city Dr.~ounty. Section 196.1995, Florida Statute., requí that a referendum be h.ld if. (1) The 8D~rd of County Commi..ioner. or governing .uth~rity of a municipality ccity or county commi..ion) vot.. to hold luch a referendum, or (2) if the county or city commi..ion receive. & petition aiqned by ten percent of the registered votere of the county or city. Thi. referendum que.ticD CAn then be placed before the voter. of & city or county at any regular .lection or apeelal election called for voting on the tax incentive referendum or for &ay other purpo... On September 1, 1992, the Bo&rd of County Commi..ionerl of St.Lucie County (Board) voted to place the queetion of an Economic Development Ad Valorem ~ax Exemption on the November 3, 1~92 b&llot which pa..ed with a aajority vote. Thereafter, the 80.~d adopted Ordinance No. 92-2. e.tLbli.hing general qUidelinel concerning the exemption And A..olution No. 92-264 eatabli.hin; an eliqib~lity rate achedule. A company =u.t fir.t meet the definition. of & new or expanding bUline... New BUlinel. (a) A bUl1nel. eltabliahing 10 or more jobs to employ 10 or more full-time employees in this County, which manufacture., proce.aes, compounde, fabricate., or produc.s for aale iteml of tangible personal property at a fixed location and which comprie.e an indultrial or manutaeturing plant; or (b) A bUline.. e.tablilhing 25 or more job. to employ 25 or æore full-time employees in this County, the lalel factor of which, aa defined by,.. 220.15(5), Florida Statute., for the facili~y with re.pect to which it requeat. an economi~ developme~t ad val~rem tLX ex.mp~iDn 1. 1.1. than 0.50 for each year the exemption i. claimed. No bUlin... engaged in retail operat~on. aa def1ned her.1n shat1 be eligible for an exemption purluant to thie lubaection b; or (C) An office .pace in thia Itat. owned and uaed by a corporation newly domiciled in this County; proviried such office apace boule. 50 or more full-time employee. of such corporation; provided that luch bu.in.a. or office firat begine operation on a aite clearly aeparate from any other commercial or indu.trial operation owned by the .ame bulin.a.. (d) Any bUlin.11 located in an &rea desi9nated enterpri.e zone that first begins operation on a aite clearly ..parat~ from any other commercial or indultrial operation owned by the .ame bu.in.... (The above are applicable if the bu.in..a i. on a aite clearly leparate from any other facility owned by the .ame company.) E ansion of an Exi.tin Bu.ines. (a) A bu.~n.s. ..tab 1ah~nq 10 Dr æore jobs to employ 10 or more full-time employee. in this County, which manufacture., proceee.l, compound., fabricatea, or producee for aale items of tanqible personal property at a fixed location and which comprisea an industrial or manufacturing plant; or (b) Any bUlin... ..tablishinq 25 or more jobs to employ 25 or more full-time employeea in this County, the salel factor of which, aø defined by ..220.15(5), Florid. Statutes, for the facility with respect to which it requeetl an economic development ad valorem ~LX exemption i. 1... than 0.50 for each y.ar the exemption is claimed; pl'D'Vided that luch busine.. increase. operations on a S1t.. collocated with a cammercial or industrial operation owned by the aame buaines., reaulting in a net increase in employment of not l.s. than 10 percent or an increase in productive output of not le.a than 10 percent. No busine.s enqaged in retail operations ae defined herein Ihall be eligible for an exemption pursuant to this .ub.ection (b). , (C~ Any bu.ine.. located in an enterprile zone that increalea operations on a site collocated with a commercial or indultrial operat~on owned,by ~he .ame busines.. If a-busin... meet. one of the above definitions a. a new or exp~ndinq bueiness, it must then file this application with the county commiasion. After the county commission receive. this application, it will submit the application to the county property a~prai8er,fo~ review. After the property apprai.er makes the report a8 to the fi.cal impact of qr&nting the exemption, the county or C1ty C~8a~on ahal~ then adopt an ordinance in the usual manner-~rantinq the exemption, if it chooa.s to do so. A busine.s cannot receive exemption from school tax.. or water management dLstrict taxes. Alao, a business must pay taxes tha~ were voted by the voters of a city or county to pay for bond i.aues and othe~ Ipecial tax leviee authorized by the votere of a c¿tY,or county.¡The exemption can only b~fore the improveæents to the real property and for tangible personal property. The land on wh¿ch the new or expanding business is to be located will Itill be taxed and taxes must be paid on it. The action taken by the county cammillion CAn only exampt the taxes paid to that 90vernmental body. exempt itl taxee. All other taxe. mUlt be paid. Thi. exemption ahall firat apply to the 1993 a.ae.ament roll.. Section 1".011(1), Florida St.a.tu~ee Failure to make application by Haroh 1 of any year Ihall constitute a waiver of the exemption for that year. Section ~96.012(14) and (15), Florida Sta:tut.., 14(&) -New buaine..- meansl (l) A bu.ine.. e.tabU.hing 10 or more job. to employ 10 or more full-time employee. in thia County, which manufacture., proce.s.l, compounds, fabricatea, or produce. for 8ale items of t&nqible personal property at IS. fixed location and which compri.es an industrial 01' manuLac'Caring plar.1:; or (2, Any businela establiahing 25 or more job. to employ 25 or more full-time employee. in thi. County, the lalea factor of which, ae defined by.. 220.15(5), Florida Statutea, for the facility with respect to which it requests an economic development ad· valorem tax exemption is le.1 than 0.50 for each year the exemption i. claimed. No bUlln... engaged in retail operations as defined herein shall be eligible for an exemption; or (3) An office apace in this state owned and uaed by a corporation newly domiciled in this county provided such office space house. 50 or more full time employee. of such corporation; provided that such bu.ines. or office first begins operation on a .ite clearly .ep&~ate from any other commercial or induatria.l operation owned by the same bUliness; or (4) Any bus!nees located in an area deaiqnated enterpri.. zone that first beqins operation on a. aite clearly leparate from any other commercial or induatrial oper&tion owned by the same busin.... (S) Any business located in an area desi9nAted A .lum or blighted Area pursuant to I. 163.355. For the purpose of this section, the terms slum area or blighted area shall have the same meaning .. in .. 163.340(7) and (8). (lS) -Expa.nsion of an existing business means: (a) A business ellltabU.,.hi."o 10 nr ........!:'~ job. to employ 10 or more full-time employeee in this County, which manufactures, proceaaes, compounds, fabricates, or produces for Bale items of tanqible personal property at a fixed location and which compriaen an industrial or manufacturing plant; or (b) Any buaine.s est&blishing 25 or more jabs to employ 2S or more full-time employees in thie County, the s&les factor of which, a. defined by s. 220.15(5), Florida Statutes, for the facility with respect to which it requests an economic development ad valorem tax exemption is les8 than C.50 for each year the exemption is claim.edJ provided that such buainelSs inereaselS operations on a .ite collocated with & commercial or industrial operation owned by the .ame bueiness, reBulting in a net increase in employment of not le8B than 10 percent or an increase in produr:tiv~ output of not lese than 10 per1::enl. No buaineø8 engaged in retail operatiQns aa defined herein shall b~ eligible for an exemption pursuant to this subsection b. (C) Any buøinelSB located in an enterpriøe tone that increa8cs operations on a .ite collocated with a commercial or industrial operation owned by the eam~ busineB6. ^ bueiness engaged in reta~~ oper~tion8 DKFnœrIOHS i. defined &. a bUlin... engaged in a to a consumer or to Any peraon of An of tangible peraonal property for purpos.a other thAn for reaa.le. Section 220.15 (5) , Florida S~a~utee Sales Factor (3) 'l'he .a.les factor i. a fraction the numerator of which i8 the total .ale. of the taxpayer in tbie .tate during the ta.xAble year or period and the denominator of which i. the total .alea of the taxpayer everywhere during the t~a.ble year or period. (a) A. uaed in this sUbsection, the term ·...lell· means all gros. receipts of the taxpayer except interest, dividend., renta, royaltiell, redemption, or other dilPosition of. securities. However: 1. kent&l income ie included in the term if & siqn~f.icant portion of the taxpayer's business consiata of leasing or renting real or tangible perIanal property; and 2. Royalty income i. included in the term if & aiqnificLnt portion of the taxpayer's business conailts of dealing in or with the production, exploration or development of minera.ls. Ib)l. Sale. of tangible per.onal property occur in thi. state if the property i. delivered or .hipped to a. purchaser within thi. atate, reqardless of the f.o.b. point, other condition. of the ea.le, or ultimAte deetination of the property,unlee8 .hipment i. made via a. cammon or contract ca.rrier. 2. When citrul fruit ia delivered by a. cooperative for a 9rower-meMber, by a grower-member to a. cooperative, or by a grower-participant to a Florida proceseor, the aale8 factor for the 9rowers for such citrus fruit delivered to such proceaaor .hall be the Bame &s the eales factor for the æost recent taxable yeAr of that proces8or, Bhall be furnished on the request of such a grower promptly after it has been determined for that tax&ble year. 3. Reimbursement of expen.es under an agency contract between a coop!!rative, 8. qrower-member of a cooperative, or a g=O'\o,'er :1.nd ôl prccc.uÞo;[ l.s nol n Gale within thil state. (C) S..lel of a financial orga.nir.ation, including, but not limited to, banking and savings institutiona, investment companies, real estate investment trusts, and brokerage compa.niee, occur in thia &tate if derived from: 1. Pees, commieeioner., compcneation for financial rendered within this Itate. 2. Gross profit. from trading in stocks, bondB, or other .ecurities mana;ed within this state; 3. IntereRt received within this state, other than intereet from loane eecured by mortgages, deed. of trust, or other lien. upon real or tangible personal property located without thie state, and dividends received within this state; c. Interest charged to cuatomer. at places of business maintained within thiø state for carrying debit balances of margin accounts, without deduction of any costs incurred in carrying such accounte; 5. Interest, feel!, commissioners, or other charges or gains from loans secured by mortgagea ( deedB of trust, or other liens upon real or tñnçible pereonal property located in this state or from installment sale agreement a originally eXecuted by a taxpuyer or his ogent to sale item any or other services Therefore, the county can only sell real or tangible peraonal property located in this atate; 6. Rents from real or tangible personal property located in this atate; ~r , ,. Any other gross income, ~nclud~n9 other interest, reaultinq from the operation as a financi~l organization within thi. atate. In computing the amountl under thil pa.raqraph, any amount received b~ a member of an affiliated group (dete~ned under s. 1504(a) of the Internal Revenue Code, but withou1: reference ~c whether any .uch corporation ia an ·includable corporation- under s. l504(b) 01 'tohe Interna.l Revenue Code} from another member of Buch group shall be inoluded only to the extent .uch amount exceeds expense.s of the recipient directly related thereto. 2. When citrus fruit is delivered by a cooperative for a grower-member, by a grower-member to a cooperative, or by I. grower-participant to a Florida processor, the aales factor for 8uch 9rowers for such citrus fruit delivered to auch procelaor lshall be the same ae the sales factor for the most recent taxable year of that proces.or. The salel factor, expresse¿ only ae a percentage and not in terms of the dollar volume of 8al.., .0 aa tc protect the confidentiality of the .alee of the proceesor, shall be furnished or. the requeøt of such a g-r()'o.l 'er promptl~' after it hae been determined for that taxeble year. 3. Reimburlement of expense. under an agency contract between & cooperative, or a grower and a proces.or will not be deemed a eale within the Itate. (b) Sales of a financial organization, including, but not limited to, bankinq and eavingø institutions, investment companies, real estate investment trusts, and brokerage companies, ehall be in this etate if derived from: L Feea, comm.iaeione, or compensation for financial rendered within thil state; 2. GrOBS profits from trading in stocks, bonae, or otner øecurities managed withiD this state; 3. Intere.t and dividend. received within this state; 4. Interest charged to customere at places of businea& maintained within this state for ca.rrying debit balances of margin accounts, wi~hout deduction of any costs incurred in carrying such a~countB; and S. Any other gross income resulting from the operðtion as A financial or9anization W'ithin t~.is sta.te. other services In computing the amounts referred to in this para9raph, any amount received by a member of an affiliated group (determined under s. 15C4.(a) of the Internal ~eVðnUe Code, but within reference to whether any such corporation is an ·Includable corporation- under B. lS04(b) of the Internal Revenue Code) from another member of such group shall be included only to the extent such amount exceeds expenBeð of the recipient directly related thereto. ~ ..., ORDINANCE NO. 01-17 AN ORDINANCE RELATING TO ST. LUCIE COUNTY, FLORIDA, TO ENCOURAGE ECONOMIC DEVELOPMENT IN THE COUNTY; EST ABUSHING AN EXEMPTION FROM CERTAIN AD VALOREM TAXATION FOR MATT STONE EAST, INC., 4600 MAGNUM DRIVE, FORT PIERCE, FLORIDA, A NEW BUSINESS; PROVIDING THE AMOUNT OF REVENUE AVAILABLE FROM AD VALOREM TAX SOURCES FOR THE CURRENT FISCAL YEAR AND THE AMOUNT OF ESTIMATED REVENUE FROM THE CURRENT FISCAL YEAR WHICH WOULD BE LOST BECAUSE OF THE EXEMPTION GRANTED TO MATT STONE EAST, INC.; PROVIDING AN EXPIRATION DATE OF THE EXEMPTION FROM THE DATE ON BOARD ADOPTION OF THIS ORDINANCE; PROVIDING A FINDING THAT MATT STONE EAST, INC. MEETS THE DEFINITION OF A NEW BUSINESS; PROVIDING A SEVERABIUTY CLAUSE; PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: ARTICLE I Short Title This Ordinance shall be known as County Ordinance No. 01-17 "Economic Development Ad Valorem Tax Exemption - Matt Stone East, Inc. ARTICLE II Procedure After consideration of the report of the Property Appraiser and in accordance with the procedure set forth in County Ordinance 92-24, "Economic Development Ad Valorem Tax Exemption Regulations of St. Lucie County, Florida", the Board grants and establishes an '-' -...I exemption from ad valorem taxation of the assessed value of Matt Stone East, Inc., 4600 Magnum Drive, fort Pierce, Florida, in accordance with the following exemption phase out schedule: Year 1 (fiscal Year 2001-02) Year 2 Year 3 Year 4 Year 5 Year 6 1001'0 901'0 801'0 601'0 401'0 201'0 No exemption shall be granted on the land on which improvements are made by Matt Stone East, Inc. ARTICLE III Ad Valorem Tax Revenues Total revenues are available to the County for the current fiscal year from ad valorem tax sources is $68,695,677.12. Revenues lost to the County for the current fiscal year by ad valorem tax exemptions under this section currently in effect are $106,041.79. Revenues to be lost by granting of this exemption for the current fiscal year are estimated to be $40,376.68. ARTICLE IV Expiration Date The Economic Development Ad Valorem Tax Exemption granted to Matt Stone East, Inc., a new business shall be for six (6) years from the date of Board adoption of this Ordinance. '-' "-" ARTICLE V Finding The Board of County Commissioners of St. Lucie County, Florida, finds that Matt Stone East, Inc. is a new business as defined by St. Lucie County Ordinance No. 92-24 and Section 196.012(16), Florida Statutes. The Board reserves the right to repeal the exemption if Matt Stone East, Inc. no longer satisfies the criteria set out above. ARTICLE VI Severability If any section, subsection, paragraph, sentence, clause, phrase, or portion of this Ordinance is for any reason found void, invalid, unlawful, or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, independent, and severable provision and such holding shall not affect the validity of the remaining portions of this Ordinance. ARTICLE VII Effective Date This Ordinance shall take effect upon receipt of notice of filing from the Secretary of State. ARTICLE VIII Adoption After motion and second, the vote on this Ordinance was as follows: Chairman Frannie Hutchinson xx '- ...." Vice Chairman Doug Coward xx Commissioner John D. Bruhn xx Commissioner Paula Lewis xx Commissioner Cliff Barnes xx PASSED AND DULY ADOPTED this _ day of ,2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney '-' AGENDA REQUEST ITEM 11'0. 5£ DATE: September 11, 2001 REGULAR [] PUBLIC HEARING [XX] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: 2001 Economic Development Ad Valorem Tax Exemption Application - County Electric Supply co. Ltd. d/b/a Tamlite Lighting BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt Ordinance No. 01-19 as drafted. [~APPROVED [ ] DENIED [ ] OTHER: 5-0 ~ COMMISSION ACTION: ouglas Anderson County Administrator County Attorney, ~' . Review and Approvals Management & Budget Purchasing, originating Dept. Public Works Dir, County Eng., ~inance: (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. 01-2083 DATE: August 29, 2001 SUBJECT: 2001 Economic Development Exemption Application - County Electric Supply Co. LTD. d/b/a Tamlite Lighting ----------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- BACKGROUND: On October 6, 1992, the Board adopted Ordinance No. 92-24 establishing a program to exempt certain new and expanding businesses from ad valorem taxation as allowed by state law. The ordinance was adopted subject to a referendum held on November 3, 1992 which passed. Resolution No. 92-264 adopted on October 20, 1992 established a property tax exemption phase out schedule and a property tax exemption eligibility rate schedule for new or expanding businesses. Attached is an application filed by County Electric Supply Co. Ltd. d/b/a Tamlite Lighting ("Tamlite"). AS required by state law, the application waS forwarded to the St. Lucie County Property Appraiser for review. The comments and findings of the Property Appraiser are contained in the application. As the findings state, Tamlite submitted the required information and met the statutory definition of an expanding business. The Property Appraiser's estimate of the taxable value lost to the County if the exemption is granted is $1,012,200. The estimate of revenue lost to the County if the exemption were granted during the current fiscal year is $27,298.77. The application reflects that as a result of the expansion, 18 St. Lucie County residents to be employed by Tamlite. Under the property tax eligibility chart, it appears that Tamlite would receive a five (5) year exemption, phased as follows: ~ -...I Year 1 Year 2 Year 3 Year 4 Year 5 100 'Yo 80'Yo 60'Yo 40 'Yo 20'Yo After the first year of exemption, if a business can verify that more than sixty (60'Yo) or eighty (80'Yo) percent of its full-time employees have been residents of St. Lucie County for more than six (6) months prior to employment, then the business may be entitled to additional years ot exemption. Also attached is a copy of draft Ordinance No. 01-19 which, if adopted, would grant Tamlite an economic ad valorem tax exemption for a period of five (5) years. Permission to advertise was granted on August 28, 2001 and notice of the public hearing was published in the Tribune on August 31, 2001. RECOMMENDATION/CONCLUSION: Staff recommends that the Board adopt Ordinance No. 01-19 as drafted. Respectfully submitted, Daniel S. McInty County Attorn DSM/ cat Attachments ST. LUCIE C'..."NTY BOARD OF COUNTY COM: .ßSIONERS ' ECONOMIC DEVELO:mENT AD VALOREM TAX EXEMl'f'ION 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 of St. Lucie County, Florida, no later than March 1 of the year the exemption is desired to take effect. Please attach additional information, if necessary or requested. COUNTY ELECTRIC SUPPLY CO. LTD. dba TAMLITE LIGHTING 1. Business Name and Mailing Address: 660 N W PEACOCK DRIVE PORT SAINT LUCIE, FL 34986 2. Please give name and telephone number of Owner or Person in Charge of this business: Name: JANES HENDERSON Telephone Number: 407-541-6006 3. Exact Location (Legal Description and Street Address) of Property for which this return IS filed: 23 36S 39E St. Lucie West Plat #14 Commerce Park Phase 2 Blk 2 Lot 1-38 (or 1139-2566) 4. Date you began, or will begin, business at this facility: 3/2,6/98 5. a. Description of the improvements to real property for which this exemption is requested: 30,000 Square Foot Addition to Building ----- b. Date of commencement of construction of improvements: Tll1y lqqq Received building Cert. of Occpancy April 2000 6. a. Description of the tangible personal property for which this exemption is requested and date when property was, or is to be, purchased: Taxpayer's APPRAISER'S Estimate Taxpayer's USE Date of Estimate of ONLY of Original Condition Fair Market Class of Item Age Purchase Cost Good Avg. Poor Value Condition Please see attached I . · , '-' ....., b. A verage Value ofInventory on hand: 911,118. c. Any additional personal property not listed above for which an exemption is claimed must be returned on form DR-405 (Tangible Personal Property Tax Return) and a copy attached to this form. 7. Do you desire exemption as a: "New Business" or as an ~ "Expansion of an Existing Business" 8. Describe the Type or Nature of Your Business: Electrical Goods Manufacturing 9. Trade Level (Check as many as apply): Wholesale ~ Manufacturing Service Office Other x Professional 10. a. Number of full-time employees to be employed in S1. Lucie County, Florida 44 b. If an expansion of an existing business: (1lEmp loyees Feb 2000: 26) (1) N· . E 1 59% (IIEmployees Fèb 200l~ 44) et Illcrease III mp oyment (2) Increase in productive output resulting from this expansion 58.75% 11. Sales factor for the facility requesting exemption: 3/26/00- Total sales in Florida from this facility-One (I) location only Total sales everywhere from this facility-One (1) location only 1/25/01 1033656. 1280231. divided by = 80. 74% 12. For office space o\YIled and used by a corporation newly domiciled in Florida: a. Date of incorporation in Florida: January 1996 b. Nwnber of Full-time employees at this location: 44 13. If requesting an exemption due to location in a slwn or blighted area, please furnish such additional information as required by the Board of COtUlty Commission or Property Appraiser. 2 , '-' -...I I hereby request the adoption of an ordinance granting an exemption from ad valorem taxation on the above property pursuant to Section 196.1995, Florida Statutes as 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' 21 Feb 2001 SIGNED, ~') ~ SIGNED: P.O. BOX 609521 Or1ando,FL 32860 (Preparer's Address) TITLE: Treasurer 407-542-0008 (Preparer's Telephone Number) PROPERTY APPRAISER'S USE ONLY I. Total revenue available to the county or municipality for the current fiscal year from ad valorem tax sources: 68,6gS,677.12 2. Revenue lost to the county or municipality for the current fiscal year by virtue of exemptions previously granted under this section: 106,041. 79 3. Estimate of the revenue which would be lost to the county or municipality during the current fiscal year if the exemption applied for were granted had the property for which the exemption is requested othetwise been subjectto taxation: 27,298.77 4. Estimate of the taxable value lost to the county if the exemption applied for were granted: 3,051,642 5. Estimated number of St. Lucie County residents to be employed in county: 44- new 18 Improvements to real property 1,012,200 Personal Property 2,039,442 6. I have determined that the property listed above meets the definition, as defined by Section 196.012(15) or (16), Florida Statutes; as incorporated by Ord. No. 92-24, St. Lucie County Code of Ordinances as a New Business , as Expansion of an Existing business X , or Neither 7. Last year for which exemptionmay be applied: 2007 DATE: SIGNED: RETURN TO BE FILED NOT LATER THAN MARCH 1 3 " ~ ~ ORDINANCE NO. 01-19 AN ORDINANCE RELATING TO ST. LUCIE COUNTY, FLORIDA, TO ENCOURAGE ECONOMIC DEVELOPMENT IN THE COUNTY; ESTABLISHING AN EXEMPTION FROM CERTAIN AD VALOREM TAXATION FOR COUNTY ELEcrRIC SUPPLY CO. LTD. D/B/A TAMLITE LIGHTING, 660 N.W. PEACOCK DRIVE, PORT ST. LUCIE, FLORIDA, AN EXPANDING BUSINESS; PROVIDING THE AMOUNT OF REVENUE AVAILABLE FROM AD VALOREM TAX SOURCES FOR THE CURRENT FISCAL YEAR AND THE AMOUNT OF ESTIMATED REVENUE FROM THE CURRENT FISCAL YEAR WHICH WOULD BE LOST BECAUSE OF THE EXEMPTION GRANTED TO COUNTY ELEcrRIC SUPPLY CO. L TD. D/B/A TAMUTE LIGHTING; PROVIDING AN EXPIRATION DATE OF THE EXEMPTION FROM THE DATE ON BOARD ADOPTION OF THIS ORDINANCE; PROVIDING A FINDING THAT COUNTY ELEcrRIC SUPPLY CO. LTD. D/B/A T AMLITE LIGHTING MEETS THE DEFINITION OF AN EXPANDING BUSINESS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: ARTICLE I Short Title This Ordinance shall be known as County Ordinance No. 01-19 "Economic Development Ad Valorem Tax Exemption - County Electric Supply Co. Ltd. d/b/a Tamlite Lighting ARTICLE II Procedure After consideration of the report of the Property Appraiser and in accordance with the procedure set forth in County Ordinance 92-24, "Economic Development Ad Valorem Tax '-' ~ Exemption Regulations of St. Lucie County, Florida", the Board grants and establishes an exemption from ad valorem taxation of the assessed value of County Electric Supply Co. Ltd. d/b/a Tamlite Lighting, 660 N.W. Peacock Drive, Port St. Lucie, Florida, in accordance with the following exemption phase out schedule: Year 1 (Fiscal Year 2001-02) Year 2 Year 3 Year 4 Year 5 100'Yo 80% 60'7'0 40'7'0 20'7'0 No exemption shall be granted on the land on which improvements are made by County Electric Supply Co. Ltd. d/b/a Tamlite Lighting. ARTICLE III Ad Valorem Tax Revenues Total revenues are available to the County for the current fiscal year from ad valorem tax Sources is $68,695,677.12. Revenues lost to the County for the current fiscal year by ad valorem tax exemptions under this section currently in effect are $106,041.79. Revenues to be lost by granting of this exemption for the current fiscal year are estimated to be $27,298,77. ARTICLE IV Expiration Date The Economic Development Ad Valorem Tax Exemption granted to County Electric Supply Co. Ltd. d/b/a Tamlite Lighting, an expanding business shall be for five (5) years from the date of Board adoption of this Ordinance. '-" '-' ARTICLE V Finding The Board of County Commissioners of St. Lucie County, Florida, finds that County Electric Supply Co. Ltd. d/b/a Tamlite Lighting is an expanding business as defined by St. Lucie County Ordinance No. 92-24 and Section 196.012(16), Florida Statutes. The Board reserves the right to repeal the exemption if County Electric Supply Co. Ltd. d/b/a Tamlite Lighting no longer satisfies the criteria set out above. ARTICLE VI Severability If any section, subsection, paragraph, sentence, clause, phrase, or portion of this Ordinance is for any reason found void, invalid, unlawful, or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, independent, and severable provision and such holding shall not affect the validity of the remaining portions of this Ordinance. ARTICLE VII Effective Date This Ordinance shall take effect upon receipt of notice of filing from the Secretary of State. ARTICLE VIII Adoption After motion and second, the vote on this Ordinance was as follows: '-" ....., Chairman Frannie Hutchinson xx Vice Chairman Doug Coward xx Commissioner John Bruhn xx Commissioner Paula Lewis xx Commissioner Cliff Barnes xx PASSED AND DULY ADOPTED this _ day of , 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney '-' AGENDA REQUEST ITEM "F:1b. !Sf DATE: September 11, 2001 REGULAR [] PUBLIC HEARING [XX] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: 2001 Economic Development Ad Valorem Tax Exemption Application - Convergys Customer Management Group Inc. BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt Ordinance No. 01-20 as drafted. [x] APPROVED [ ] DENIED [ ] OTHER: 5-0 o las Anderson (] unty Administrator COMMISSION ACTION: COWlty Attorney' /k Review and Approvals Management & Budget Purchasing, Originating Dept. Public Works Dir, COWlty 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. 01-2084 DATE: August 29, 2001 SUBJECT: 2001 Economic Development Exemption Application - Convergys Customer Management Group Inc. ----------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- BACKGROUND: On October 6, 1992, the Board adopted Ordinance No. 92-24 establishing a program to exempt certain new and expanding businesses from ad valorem taxation as allowed by state law. The ordinance was adopted subject to a referendum held on November 3, 1992 which passed. Resolution No. 92-264 adopted on October 20, 1992 established a property tax exemption phase out schedule and a property tax exemption eligibility rate schedule for new or expanding businesses. Attached is an application filed by Convergys Customer Management Group Inc. ("Convergys"). As required by state law, the application was forwarded to the St. Lucie County Property Appraiser for review. The comments and findings of the Property Appraiser are contained in the application. As the findings state, Convergys submitted the required information and met the statutory definition of a new business. The Property Appraiser's estimate of the taxable value lost to the County if the exemption is granted is $2,918,115. The estimate of revenue lost to the County if the exemption was granted during the current fiscal year is $26, 104.29. The application reflects that 1,000 St. Lucie County residents to be employed by Convergys. Under the property tax eligibility chart, it appears that Convergys would receive a ten (10) year exemption, phased as follows: ~ '-' Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 10010 9010 8010 7010 6010 5010 4010 3010 2010 10 10 Also attached is a copy of draft Ordinance No. 01-20 which, if adopted, would grant Convergys an economic ad valorem tax exemption for a period of ten (10) years. Permission to advertise was granted on August 28, 2001 and notice of the public hearing was published in the Tribune on August 31, 2001. RECOMMENDATION/CONCLUSION: Staff recommends that the Board adopt Ordinance No. 01-20 as drafted. DSM/caf Attachments ST. LUCIE C'-'NTY BOARD OF COUNTY COMJSIONERS ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMP'fIoN APPLICA nON Ordinance No. 92-24, S1. Lucie County Code of Ordinances, Chapter 196, Florida Statutes To be filed with the Board of County ComrnissionersofS1. Lucie County, Florida, no later than March I of the year the exemption is desired to take effect. Please attach additional information, if necessary or requested. 1. Business Name and Mailing Address: Convergys Customer Management Group Inc. Corporate Tax Dept., 201 East Fourth Street, Cincinnati, Ohio 45201 2. Please give name and telephone number ofÛ'wner or Person in Charge of this business: Name: Mark Gartner Telephone Number: (513) 723-8947 3. Exact Location (Legal Description and Street Address) of Property for which this return IS filed: 4100 Okeechobee Road, Ft. Pierce, FL 34947 See attached Legal Property Description. 4. Date you began, or will begin, business at this facility: AUKust 2000 5. a. Description of the improvements to real property for which this exemption is requested: _ RpnmTRtf'd ')r;, ')?q "q f¡- of ¡-"p nrRngp R1oc:c:om MR11 ¡-n 0'" "c:",r1 "c: a ....,,11 çpnrpr facility. Improvements include building fit-up, cons traction of training classrooms, installation of carpet, auxilIary power, UPS, transfer switch, . . secur1¡:y sys¡:em and signage. Date of commencement of constructIOn of Improvements: ]"J.:I~ :WQQ b. 6. a. Description of the tangible personal property for which this exemption is requested and date when property was, or is to be, purchased: Taxpayer's APPRAISER'S Estimate Taxpayer's USE Date of Estimate of ONLY of Original Condition Fair Market Class of Item Age Purchase Cost Good Avg. Poor Value Condition SEE ATTACHED LISTINI -.- 1 ~ -...I b. Average Value ofInventory on hand: N/A c. Any additional personal property not listed above for which an exemption is claimed must be returned on form DR-405 (Tangible Personal Property Tax Return) and a copy attached to this form. 7. Do you desire exemption as a: x "New Business" or as an _ "Expansion of an Existing Business" 8. Describe the Type or Nature of Your Business: Provides ou tsourced cus tomer con tac t solutions such as technical support and customer service, via telephone, Internet and mail. 9. Trade Level (Check as many as apply): Wholesale _ Mfu'mfacturing_ Service X Office Other Professional 10. a. Number of full-time employees to be employed in St. Lucie County, Florida 1,000 FTE b. If an expansion of an existing business: (1) Net increase in Employment N/A (2) Increase in productive output resultingrrom this expansion N/A 11. Sales factor for the facility requesting exemption: See Note Below Total sales in Florida from this facility-One (I) location only Total sales everywhere from this facility-One (1) location only divided by = 12. For office space o'ijIled and used by a corporation newly domiciled in Florida: a. Date of incorporation in Florida: N / A b. Number ofFull-tÌme employees at this location: N/A 13. If requesting an exemption due to location in a slum or blighted area, please furnish such additional information as required by the Board of County Commission or Property Appraiser. NOTE: Convergys receives calls from across the United States in this facility; no one state represents 50% of the total sales. Two major clients are served in the CMG Ft. Pierce location; one is headquartered in Texas and the other is headquartered in New York. 2 -...I I hereby request the adoption of an ordinance granting an exemption from ad valorem taxation on the above property pursuant to Section 196.1995, Florida Statutes as 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: 'd-( { ?; /0 f SIGNED: (Preparer) SIGNED: ~()'\~ q.~~ (Taxpayer) (Preparer's Address) ,45:> I) TÆ ¡vT íì'<A-.) u~ (Preparer's Telephone Number) TITLE: PROPERTY APPRAISER'S USE ONLY 1. Total revenue available to the county or municipality for the current fiscal year from ad valorem tax sources: 68.695,677.12 2. Revenue lost to the county or municipality for the current fiscal year by virtue of exemptions previously granted under this section: 106,041. 79 3. Estimate of the revenue which would be lost to the county or municipality during the current fiscal year if the exemption applied for were granted had the property for which the exemption is requested otherwise been subject to taxation: 26,104.29 4. Estimate of the taxable value lost to the county if the exemption applied for were granted: 2,918,115 5. Estimated number of 81. Lucie County residents to be employed in county: 1,000 Improvements to real property 231,600 Personal Property 2,686,515 6. I have detennined that the property listed above meets the definition, as defined by Section 196.012(15) or (16), Florida8tatutes; as incorporated by Ord. No. 92-24, 81. Lucie County Code ofOrØinances as a New Business X , as Expansion of an Existing business , or Neither 7. Last year for which exemptionmay be applied: at Board's discretion- DATE: SIGNED: RETURN TO BE FILED NOT LATER THAN MARCH 1 3 "'" ""'" ORDINANCE NO. 01-20 AN ORDINANCE RELATING TO ST. LUCIE COUNTY, FLORIDA, TO ENCOURAGE ECONOMIC DEVELOPMENT IN THE COUNTY; ESTABLISHING AN EXEMPTION FROM CERTAIN AD V ALOREM TAXATION FOR CONVERGYS CUSTOMER MANAGEMENT GROUP INC., 4100 OKEECHOBEE ROAD, FORT PIERCE, FLORIDA, A NEW USINESS; PROVIDING THE AMOUNT OF REVENUE A V AILABLE FROM AD V ALOREM TAX SOURCES FOR THE CURRENT FISCAL YEAR AND THE AMOUNT OF ESTIMATED REVENUE FROM THE CURRENT FISCAL YEAR WHICH WOULD BE LOST BECAUSE OF THE EXEMPTION GRANTED TO CONVERGYS CUSTOMER MANAGEMENT GROUP INC.; PROVIDING AN EXPIRATION DATE OF THE EXEMPTION FROM THE DATE ON BOARD ADOPTION OF THIS ORDINANCE; PROVIDING A FINDING THAT CONVERGYS CUSTOMER MANAGEMENT GROUP INC. MEETS THE DEFINITION OF A NEW BUSINESS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: ARTICLE I Short Title This Ordinance shall be known as County Ordinance No. 01-20 "Economic Development Ad Valorem Tax Exemption - Convergys Customer Management Group Inc. ARTICLE II Procedure After consideration of the report of the Property Appraiser and in accordance with the procedure set forth in County Ordinance 92-24, "Economic Development Ad Valorem Tax '-' -...I Exemption Regulations of St. Lucie County, Florida", the Board grants and establishes an exemption from ad valorem taxation of the assessed value of Convergys Customer Management Group Inc., 4100 Okeechobee Road, Fort Pierce, Florida, in accordance with the following exemption phase out schedule: Year 1 (Fiscal Year 2001-02) Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 100 'Yo 90 'Yo 80 'Yo 70 'Yo 60 'Yo 50/0 40 'Yo 30'Yo 20'Yo 10 'Yo No exemption shall be granted on the land on which improvements are made by Convergys Customer Management Group Inc. ARTICLE III Ad Valorem Tax Revenues Total revenueS are available to the County for the current fiscal year from ad valorem tax sources is $68,695,677.12. Revenues lost to the County for the current fiscal year by ad valorem tax exemptions under this section currently in effect are $106,041.79. Revenues to be lost by granting of this exemption for the current fiscal year are estimated to be $26,104.29. ARTICLE IV Expiration Date '-' ...., The Economic Development Ad Valorem Tax Exemption granted to Convergys Customer Management Group Inc., a new business shall be for ten (10) years from the date of Board adoption of this Ordinance. ARTICLE V Finding The Board of County Commissioners of St. Lucie County, Florida, finds that Convergys Customer Management Group Inc. is a new business as defined by St. Lucie County Ordinance No. 92-24 and Section 196.012(16), Florida Statutes. The Board reserves the right to repeal the exemption if Convergys Customer Management Group Inc. no longer satisfies the criteria set out above. ARTICLE VI Severability If any section, subsection, paragraph, sentence, clause, phrase, or portion of this Ordinance is for any reason found void, invalid, unlawful, or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, independent, and severable provision and such holding shall not affect the validity of the remaining portions of this Ordinance. ARTICLE VII Effective Date This Ordinance shall take effect upon receipt of notice of filing from the Secretary of State. \w -...I ARTICLE VIII Adoption After motion and second, the vote on this Ordinance was as follows: Chairman Frannie Hutchinson xx Vice Chairman Doug Coward xx Commissioner John Bruhn xx Commissioner Paula Lewis xx Commissioner Cliff Barnes xx PAssED AND DULY ADOPTED this _ day of , 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney .... 'w AGENDA REQUEST ITEM ~O. S (..:;-, DATE: September 11, 2001 REGULAR [] PUBLIC HEARING [XX] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: 2001 Economic Development Ad Valorem Tax Exemption Application - Florida Marble Industries, Inc. BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt Ordinance No. 01-18 as drafted. COMMISSION ACTION: CONCURRENCE: u as Anderson nty Administrator [XJ APPROVED [ ] DENIED [ ] OTHER: 5-0 County Attorney: )Y Review and Approvals Management 6< Budget Purchasing: Originating Dept. Public Works Dir: County Eng. : Finance: (Check for Copy only, if applicable) Eff. 5/96 c '-' """" INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. 01-2077 DATE: August 29, 2001 SUBJECT: 2001 Economic Development Exemption Application - Florida Marble Industries, Inc. ----------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- BACKGROUND: On October 6, 1992, the Board adopted Ordinance No. 92-24 establishing a program to exempt certain new and expanding businesses from ad valorem taxation as allowed by state law. The ordinance was adopted subject to a referendum held on November 3, 1992 which passed. Resolution No. 92-264 adopted on October 20, 1992 established a property tax exemption phase out schedule and a property tax exemption eligibility rate schedule for new or expanding businesses. Attached is an application filed by Florida Marble Industries, Inc. As required by state law, the application was forwarded to the St. Lucie County Property Appraiser for review. The comments and findings of the Property Appraiser are contained in the application. As the findings state, Florida Marble Industries, Inc. submitted the required information and met the statutory definition of an expanding business. The Property Appraiser's estimate of the taxable value lost to the County if the exemption is granted is $13,993. The estimate of revenue lost to the County if the exemption was granted during the current fiscal year is $125.18. The application reflects that as a result of the expansion, 20 St. Lucie County residents to be employed by Florida Marble Industries, Inc. Under the property tax eligibility chart, it appears that Florida Marble Industries, Inc. would receive a five (5) year exemption, phased as follows: '-" .....,¡ Year 1 Year 2 Year 3 Year 4 Year 5 100'ro 80'ro 60'ro 40'ro 20% After the first year of exemption, if a business can verify that more than sixty (60'ro) or eighty (80'ro) percent of its full-time employees have been residents of St. Lucie County for more than six (6) months prior to employment, then the business may be entitled to additional years of exemption. Also attached is a copy of draft Ordinance No. 01-18 which, if adopted, would grant Florida Marble Industries, Inc. an economic ad valorem tax exemption for a period of five (5) years. Permission to advertise waS granted on August 28, 2001 and notice of the public hearing was published in the Tribune on August 31, 2001. RECOMMENDATION/CONCLUSION: Staff recommends that the Board adopt Ordinance No. 01-18 as drafted. Daniel S. McInty County Attorne DSM/caf Attachments ST. LUcrE C~"¡TY BOARD OF COUNTY COMVSIONERS ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION APPLICATrON Ordinance No, 92-24, St. Lucie County Code of Ordinances, Chapter 196, Florida Statutes To be filed with the Board of County CommissionersofSt. Lucie County, Florida, no later than March I of the year the exemption is desired to take effect. Please attach additional information, if necessary or requested, I. Business Name and Mailing Address: FLORIDA MARBLE INnllC::;TRTFC::; '{l\lr , 1673 S.E. NIEMEYER CIRCLE, PORT ST. LUCIE, FL 34952 2, Please give name and telephone number of Owner or Person in Charge of this business: Name: MAHESH R. PATEL Telephone Number: <;R 1- -:¡':p=;_,a,a,ac:; 3. Exact Location (Legal Description and Street Address) of Property for which this return IS filed: LOT 13, BLOCK 7, PSLINoUSTRIAL PARK, UNIT 1 1673 S.E. NIEMEYER CIRCLE, PORT ST IIIr:TF, FI -:¡4952 4. Date you began, or will begin, business at this facility: FEBRUARY 2nnn 5. a. Description of the improvements to real property for which this exemption' is requested: _ WANT TO IMPRoV SP BUILD SHOWROOM PURCHASE RA t Date of commencement of construction of improvements: AS SOON AS FINANCT AI I Y CAPABLE Description of the tangible personal property for which this exemption is requested and date when property was, or is to be, purchased: 'u~ b. 6. a. Taxpayer's APPRAISER'S Estimate - Taxpayer's USE Date of Estimate of ONLY of Original Condition Fair Market Class ofItem Age Purchase Cost Good Avg. Poor Value Condition SPRAY BOOTH 10, 1/200C 3000.00 X 500.00 GRINDING BOOTH 10 1/200C 2000.00 X 300.00 'E)UST-COLLECTOR 10, 1/200C 4000.00 X 1000.00 CASTING MOLDS 10, 4/98 5000.00 X X 1500.00 . , . l -, '-" ,..., I hereby request the adoption of an ordinance granting an exemption from ad valorem taxation on the above property pursuant to Section 196.1995, Florida Statutes as incorporated by Ordinance No. 92-24, S1. Lucie County Code of Ordinances. I agree to furnish such other reasonable information as the Board of County Commissioners or the Property Appraiser may request in regard to the exemption requested herein. I hereby certify that the information and valuation stated above by me is true, correct, and complete to the best of my knowledge and belief. (If prepared by someone other than the taxpayer, his declaration is based on all information of which he has any knowledge.) DATE: 2-27-2001 SIGNED: M~h!1~· (Pre parer) SIGNED: ~^,Ð h~ (Tax~y~ff 1 G73. Sir. tJ/e~M.. [:~ . (preparer' s Address) f f' (I- LucJ'e..- F ¿. J (..{1 :; ¿ F:;61 ..- 33)-" 4 44--1-- (preparer's Telephone Number) TITLE: EXEC. DIRECTOR 1. 2. 3. 4. 5. 6. 7. DATE: PROPERTY APPRAISER'S USE ONLY Total revenue available to the county or muniCipality for the current fiscal year from ad valorem tax sources: 68,6Q'),677.12· Revenue lost to the county or municipality for the current fiscal year by virtue of exemptions previously granted under this section: 106,041.79 Estimate of the revenue which would be lost to the county or municipality during the current fiscal year if the exemption appIied for were granted had the property for which the exemption is requested otherwise been subject to taxation: 125.18 Estimate of the taxable value lost to the county if the exemption applied for were granted: 1 "qq, Estimated number of S1. Lucie County residents to be employed in county: 20 Improvements to real property 0 Persona! Property 13,993 I have determined that the property listed above meets the definition, as defined by Section 196.012(15) or (16), Florida Statutes, as incorporated by Ord. No. 92-24, 81. Lucie County Code of Orp.inances '!is a New Business , as Expansion of an Existing business X , or Neither Last year forwhich exemptionmay be applied: ~M SIGNED: RETURN TO BE FILED NOT LATER THAN MARCH 1 ... j ~ ItwJ ORDINANCE NO. 01-18 AN ORDINANCE RELATING TO ST. LUCIE COUNTY, FLORIDA, TO ENCOURAGE ECONOMIC DEVELOPMENT IN THE COUNTY: ESTABUSHING AN EXEMPTION FROM CERTAIN AD VALOREM TAXATION FOR FLORIDA MARBLE INDUSTRIES, INC., 1673 S.E. NIEMEYER CIRCLE, PORT ST. LUCIE, FLORIDA, AN EXPANDING BUSINESS: PROVIDING THE AMOUNT OF REVENUE AVAILABLE FROM AD V ALOREM TAX SOURCES FOR THE CURRENT FISCAL YEAR AND THE AMOUNT OF ESTIMATED REVENUE FROM THE CURRENT FISCAL YEAR WHICH WOULD BE LOST BECAUSE OF THE EXEMPTION GRANTED TO FLORIDA MARBLE INDUSTRIES, INC.: PROVIDING AN EXPIRATION DATE OF THE EXEMPTION FROM THE DATE ON BOARD ADOPTION OF THIS ORDINANCE: PROVIDING A FINDING THAT FLORIDA MARBLE INDUSTRIES, INC. MEETS THE DEFINITION OF AN EXPANDING BUSINESS; PROVIDING A SEVERABIUTY CLAUSE: PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: ARTICLE I Short Title This Ordinance shall be known as County Ordinance No. 01-18 "Economic Development Ad Valorem Tax Exemption - Florida Marble Industries, Inc. ARTICLE II Procedure After consideration of the report of the Property Appraiser and in accordance with the procedure set forth in County Ordinance 92-24, "Economic Development Ad Valorem Tax \ /' ~ '-' '-' Agenda Request Item Number Date: 5H Sept. 11,2001 Consent Regular Public Hearing Leg. [ X ] [ ] [ ] [ X ] Quasi-JD [ To: Submitted By: Board of County Commissioners Community Development SUBJECT: Consider Oraft Development Agreement DVA 01-001 Between the Board of County Commissioners of St. Lucie County, Florida and the Westchester Development Company respecting a portion of the project to be known as the Westchester Development Of Regional Impact. The Westchester Development Company owns approximately 2,033 acres west of 1-95 and north/northwest of Gatlin Boulevard. Westchester intends to develop a muhi'phased project to be known as the Westchester Development of Regional Impact ('Westchester DRI"), which will upon completion include 6,500 dwelling units; 750,000 square leel 01 retail space; 2,001,000 square-feet of office 1!pace and 300 hotel rooms along with associated ancillary lacilities including a school, at least one church, general common areas and recreational lacilities, and other necessary public facilities. Phase one of this project involves approximately 800 dwelling units; 75,000 square leet 01 retail space, 78,000 square leet of office space and associated ancillary lacimies including a school, general common areas and recreationallacilíties. BACKGROUND: Development Agreement DVA-01-Q01 serves to recognize the Phase I approval actions taken to dale and to recognize that certain other agreements have been reached between the Westchester Development Company and other effected units 01 local government in the County, specilically the City 01 Port St. Lucie. In January of 2001, Westchester entered into an agreement with the City 01 Port St. Lucie regarding the payment 01 certain lunds to the City to assist the City in widening the portion 01 Gatlin Boulevard Irom Port St. Lucie Boulevard to just east 01 1-95. Westchester has agreed to pay to the City the sum 01 $2,000,000 million dollars lor this improvement project. In consideration lor this, the City ol'þort St. Lucie has agreed to reserve certain trip capacities along this roadway lor concurrency purposes. Since the pre-payment ollunds to the City 01 Port St. Lucie is lor capacity reservation in excess 01 this lirst phase Impacts, Westchester Is seeking recognition Irom the County that the payment 01 this money equates to the pre,payment olthe projects required road impact lees. Development Agreement DVA,01,001 provides lor this recognition. This agreement provides that upon presentation 01 proof of payment 10 the City, the County will consider that payment to be the equivalent 01 a prepayment 01 road impact lees due Irom this project. The developer may then "draw down" against the total amount ollunds paid to the City as a type of road impact lee credit, and avoid any lurther road impact lee payments until such time as the equivaient of $2,000,000 has been expend. FUNDS AVAilABLE: PREVIOUS ACTION: NIA On September 4, 2001, public hearing was held to present the draft Development Agreement and accept any comments or input on the terms and provisions 01 the Agreement. RECOMMENDATION: This is the second 01 two required public hearings on this proposed Development Agreement. Staff recommends approval 01 Draft Development Agreement OVA 01-001 between the Board 01 County Commissioners of St. Lucie County, Florida and the Westchester Development Company respecting the project to be known as the Westchester Development 01 Regional Impact. -- Douglas M. Anderson County Administrator COMMISSION ACTION: ULJ APPROVED D DENIED D OTHER 4-0 (Barnes Absent) County Attorney Originating Dept.: Finance: Coordination/ Signatures Mgt. & Budget: Other: Purchasing: Other: (AGEND593a) '-' "WI Commission Review: September 11, 2001 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division MEMORANDUM TO: County Commission FROM: Interim Community Development Director DATE: September 5, 2001 SUBJECT: Consider Draft Development Agreement OVA 01-001 Between the Board of County Commissioners of St. Lucie County, Florida and the Westchester Development Company respecting a portion of the project to be known as the Westchester Development Of Regional Impact Attached is a copy of draft Development Agreement DV A-01-001. This draft agreement is between the Board of County Commissioners and the Westchester Development Company,ill':; developers of the pending Westchester Development of Regional Impact. This Development Agreement has been prepared in accord with the Florida Local Government Development Agreement Act, Section 163-3220-163.3242, Fla. Stat. ("Acf') and Section 11.08.00 of the St. Lucie County Land Development Code. ' The Westchester Development Company owns approximately 2,033 acres west of 1-95 and north/northwest of Gatlin Boulevard. Westchester intends to develop a multi-phased project to be known as the Westchester Development of Regional Impact ('Westchester DRI"), which will upon completion include 6,500 dwelling units; 750,000 square feet of retail space; 2,001,000 square feet of office space and 300 hotel rooms along with associated ancillary facilities including a school, at least one church, general common areas and recreational facilities, and other necessary public facilities. On March 6, 2001, the Board of County Commissioners, through Resolutions 01-110 and 01- 111 granted Preliminary Planned Development approval for Phase I of the Westchester DR!. Phase I development is to consist of 800 dwelling units, 78,500 square feet of office, 75,000 square feet of commercial, and associated ancillary facilities including a school, a church, common areas. The total area included in the Phase I portion of this development is 576.38 acres. Development Agreement DV A-01-001 serves to recognize the Phase I approval actions taken to date and to recognize that certain other agreements have been reached between the Westchester Development Company and other effected units of local government in the County, specifically the City of Port St. Lucie. In January of 2001, Westchester entered into an agreement with the City of Port St. Lucie regarding the payment of certain funds to the City to assist the City in widening the portion of Gatlin Boulevard from Port St. Lucie Boulevard to just east of 1-95. Westchester has agreed to pay to the City the sum of $2,000,000 million dollars for '-' ""'" September 5, 2001 Page 2 Subject: Westchester Development Agreement this improvement project. In consideration for this, the City of Port St. Lucie has agreed to reserve certain trip capacities along this roadway for concurrency purposes. Since the pre-payment of funds to the City of Port St. Lucie is for capacity reservation in excess of this first phase impacts, Westchester is seeking recognition from the County that the payment of this money equates to the pre-payment of the projects required road impact fees. Development Agreement DVA-01-001 provides for this recognition. This agreement provides that upon presentation of proof of payment to the City, the County will consider that payment to be the equivalent of a prepayment of road impact fees due from this project. The developer may then "draw down" against the total amount of funds paid to the City as a type of road impact fee credit, and avoid any further road impact fee payments until such time as the equivalent of $2,000,000 has been expend. On September 4, 2001, a public hearing was held to present the draft Development Agreement to the Board for the Board to accept any comments or input on the terms and provisions of the Agreement. This is the second of two required public hearings on this proposed Development Agreement. Staff recommends approval of Draft Development Agreement DVA 01-001 between the Board of County Commissioners of St. Lucie County, Florida and the Westchester Development Company respecting the project to be known as the Westchester Development Of Regional Impact. If you have any questions, please let me know. SUBMITTED: DJMI Westchesterdva1 memo3(h) cc: County Administrator County Attomey Finance Director Management & Budget Director Public Works Director Planning Manager Paul J. Hegener, Westchester Development Company Noreen Dreyer, Esquire - Ruden, McClosky, Smith, Schuster & Russell, P.A. """ ...,¡ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 DV A-01-001 DEVELOPMENT AGREEMENJ BETWEENTIHE BOARD OF COUNTY COMMISSIONERS OFST~ LUCIE COUNTY, FLORIDA AþjÐ>..WESTCHESTER DEVELOPMENT COMPANY RESPECTING PHASE I OF A PROJECT KNOWN AS];J'¡I'EWE.$-¡:CHESTER DEVELOPMENT OF REGIONAL IMPACT THIS AGREEMENT is made and entered as oUM! 2001, by and between the BOARD OF crrV' FLORIDA ("Board") and WESTCHESTE EVE formerly known as St. Lucie Farms, Inc. wner" day of lONE OF ST. LUCIE COUNTY MPANY, a Florida corporation WHEREAS, the Board and the Ow A. orida Local Government Development la. Stat. ("Act") and Section 11.08.00 ounty Land Development Code ("LDC"). B. ,033 acres west of 1-95 aRd north/northwest of Gatlin Exhibit A, on which the Owner intends to develop a e Westchester Development of Regional Impact C. ~hMarch 6, 2001 d granted preliminary approval of a preliminary site plan and ;'Planned Unit Dev., ... nt Zoning District (PUD) and a preliminary site plan and Planned Mixed Use Develc¡pmént Zoning District (PMUD) and for Phase I of the Westchester DRI which in total COJfSìsts of 800 dwelling units, 78,500 square feet of office, 75,000 square feet of com ial, and associated ancillary facilities including a civic/school site, a urch, co n areas, and lakes on 576.38 acres, described in the attached Exhibit B r "Phase I"). opment beyond Phase I will require the owner to obtain from the Board a development order setting forth the terms and conditions under which the Westchester DRI may proceed and final development plan approvals for each subsequent phase of development beyond Phase I. E. In 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 DVA-01-001 (Westchester) September 11, 2001 Page 1 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 '-" -..J Board and the Owner desire to establish by agreement the terms under wt)iehlhe Property may be developed. F. On August 21, 2001, after publishing notice approXÎ~ately seven d~ys ·.l thereto, the first public hearing was opened on this Agreement and at that ti aring was continued to September 4,2001. At least 15 daysprior to the (.)þening of~~~fÎr$th~~~!flg, the Board mailed notice of intent to consider this~greement to all propertym\,n~rs as reflected on the current years' tax roll, lying within¡~OIJ)feet of the Property. G. On September 4, 2001, the Board reconvenedth~public>t)earing on is matter and accepted public comment and testimony. At the conclusioni(¡)f this hearing the Board announced than the second of the two required public hearil'1!!:ì$On this matter would be held on Tuesday. September 11, 2001, atQ'ì· m or as sÔôhlhêreafter as possible. Notice of the hearing would be provided H. eV ;itidays prior thereto, the first time the hearing was continued ing of the first hearing, the Board all property owners as reflected on Property. I. cond public hearing on this Agreement, the mutual covenants entered between the parties, and rue to each, it is agreed as follows: 1. The above recitalSiare true and correct. A lication Materials. tion for the establishment of a PUD and a PMUD for the Property, all Ions by the Owner in support of such application, and the Board's preliminary approval of a PUD (Resolution No. 01-010, a copy of which is attached hereto as Exhibit C) and a PMUD (Resolution No. 01-011, a copy of which is attached hereto as Exhibit D) and preliminary site plan approvals (collectively "Application Materials") are hereby incorporated by reference into the record of the proceeding conducted by the Board to review this Agreement. 3. Mandatory Provisions. a. LeQal Description and Owner. DVA-01-001 (Westchester) September 11, 2001 Page 2 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 '-' '-' The land that is the subject of this Agreement is described in the attClshe~nExhibit B, which is the land included within the boundaries of the preliminary PUD andiU:1ê¡preliminary PMUD approved by the Board on March 6, 2001, as described in Section 2. Théo.wner of legal and equitable title to the Property is Westchester Development Company,¡alRlodda corporation. b. Duration. This Agreement shall expire ten (10) years after the effective date provided in Section 11, unless earlier terminated as provided in Section 7, or extended as , provided in Section 9. c. Uses. Densities. Intensities. and Heldht. The following development shall be p · 800 dwelling unit 78,500 squar 75,000 squ associate areas g a school, a church, common akes. · · · - . s, and height provided for in a final development order DRI pursuant to Chapter 380, Fla. Stat., or the then tes a ulations, shall supersede the terms of this Agreement and at t e Owner may seek adjustment of the approved plan of rdance with Section 11.02.04 of the LDC without amending this as such adjustment is not inconsistent with any final development the Westchester DRI pursuant to Chapter 380, Fla. Stat. nding the foregoing, in the event of a change in any statute or tive regulation modifying the applicability of the DRI process to the ester DRI, the statute or regulation shall take precedence and shall be med incorporated into this Agreement by reference, and nothing in this Agreement shall be construed to require the development of the Property to undergo DRI review unless such review continues to be required by statute or administrative regulation. d' Future Land Use Map Desiqnation. The land use designations of the Property under the future land use element of the St. Lucie County Comprehensive Plan are Mixed Use Development (UMXD") and Residential Urban (URU"). DVA-01-001 (Westchester) September 11, 2001 Page 3 '- '-tI 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 Zoninq. e. The current zoning of the Property is AG-1. OnMarch 6, 2001,i.the Board granted preliminary approval for the establishment of a Planned UnitDey~l.opment Zonir¡g District (PUD) and a Planned Mixed Use D!welopment Zoning;Dis~!'Ì(:j)ti(PMUD). Fi.nal zoning to PUD and PMUD will take place upon the issuance of. anjniti¡:¡iFinal Development Plan approval for the Propèrty. f. Preliminary Site Plans. The preliminary site plan for the Property¡;shall bêthepfêliminary site plans approved by the Board on March 6, 2001, subject to such adjustments as may be obtained by the Owner in the manner describèdTin the LDCändTn Section 3(c) of this Agreement. g. The public facilities t of this Agreement. all be those described in Section 6 h. struct e the construction of the extension of Gatlin and a north-south roadway, as generally depicted on the ved on March 6, 2001 (o'r to the extent shown on such ubsequently proposed by the Owner and approved by Specified Roads"), which Specified Roads shall be public use the public. In the event that all required right of way cannot lignment of Gatlin Boulevard as depicted on the preliminary site nsion of Gatlin Boulevard may be relocated so that it is entirely rty. The Specified Roads shall be dedicated to the Board upon the f an agreement between the Owner and the Board providing for e standards and the continued maintenance of the roadways. ruction of educational facilities sufficient to provide classrooms for a minimum o students has not commenced by the issuance of the 400th residential ertificate of Occupancy, the Owner shall dedicate 15 acres of the school site to the St. Lucie County School District or other public or private entity. Such dedication shall be restricted to the construction of classrooms and ancillary facilities (including, but not limited to, playing fields, ball courts, swimming pools, gymnasiums, auditoriums, administrative offices, recreational areas and such other facilities which are commonly found with classrooms) for grades K through 12, or a portion thereof. The Owner shall be entitled to credits for the pre-payment of Educational Facilities ochool impact fees for contributions, payments, construction or dedication of educational facilities, calculated in accordance with the St. Lucie County Educational Facilities Impact Fee Ordinance, and as may be provided by state law. DVA-01-001 (Westchester) September 11,2001 Page 4 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 '-' -...I i. Local Development Permits. The local development permits required for thedevelopmentøftheProperty are: (1) Comprehensive plan amendment -not required. (2) Rezoning - preliminary approval of a;PlJD¡:¡nd a PMUD granted as part of preliminary site plan approval onMà.,.Ch!~¡;2001. (3) State approval- a Preliminary Deilêlop Department of Community Affairs was app recorded in the Official Records 1. Lucie 1394, Page 641, which p~rrr1i el of Paragraph 3. (C) priO!!1t;tdthe f t regional impact pro~~ss for t ement with the Florida a,y 14, 2001 and is eginning at Book ment described in ormal development of s Westchester. «,t/'1 ; (4) Regulatory pe Florida Wat agency per approv source Permit(s) from the South The need for other regulatory ased upon final development plan at appr reliminary plat approval required as part of t plan approval. approval - required prior to obtaining final plat g building permits. (7) (8) ite plan approval - granted on March 6, 2001. permit - required prior to commencing building construction. for Local Develo ment Permits. j. development permits shall be obtained at the sole cost of the Owner. In the t that a required local development permit is not received, further development f the portion of the Property or the improvement for which the permit is required shall not be allowed until such time as the Board has reviewed the matter and determined whether or not to terminate this Agreement or to modify it in a manner consistent with the S1. Lucie County Comprehensive Plan. k. Consistencv with Comprehensive Plan. The Board finds that the development of the Property as provided in the preliminary approval of a PUD and a PMUD and preliminary site plan approval granted by the Board on March 6, 2001 and in this Agreement is consistent with the S1. Lucie DVA-01-001 (Westchester) September 11, 2001 Page 5 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 '-' -...I County Comprehensive Plan. I. Consistency with the LOC. The Board finds that the development of theProperty asprovidedinthe prelimina.ry approval of a PUO and a PMUO and preliminary site plan appro\la1gra.f")tedbythe Board on March 6, 2001 and in this Agreement is consistent with the LOC. m. Compliance with Other Law. Failure of this Agreement to address a par'ticularpermit;cpndition, term, or restriction shall not relieve the Owner of the necessity of complyingwiththe law governing such permitting requirement, condition, te estriction. 'Ariymatterorthing required to be done under existing ordinances LLlcie County shall not be otherwise amended, modified, or waivedunles fMendment, modification or waiver is expressly provided for in thO greem~tíit}reference to the code provision so amended, modified, ived; 1iI.!Ìless ner voluntarily agrees to comply - with the amended 0 ified rªquirem or unless the County follows the procedures set fo ectiplÍ!fi163.323 la. Stat. for applying subsequently adopted laws and ·êies. n. irements set forth in the preliminary approval of a PUO and a Ian approval granted bytfle Board on March 6, 2001 are rotect the health, safety, and welfare of the public and unty. 4. d to develop the Property in accordance with the preliminary a PMUO and preliminary site plan approval granted by the Board on - , upon obtaining Final PUO and PMUO approval, preliminary and/or final ay be required and upon submission of plans meeting technical building ents and payment of applicable fees, the Owner shall receive any and all uilding permits authorized under the Application Materials, subject to the terms, s, reservations, and requirements of this Agreement. If building permits for eighty per cent (80%) of the residential development and eighty per cent (80%) of the nonresidential development of the Property have not been issued on or before the time specified in Section 3.b., unless such time is extended in accordance with Section 9; or the time specified in a final development order issued pursuant to Chapter 380, Fla. Stat.; or the then applicable statutes and regulations, whichever is later, then the authorization to develop as contained herein shall be of no further force or effect. The date to complete may be extended in accordance with Section 380.06(19), Fla. Stat., or the then applicable statutes and regulations, without amending this Agreement. DV A-01,001 (Westchester) September 11, 2001 Page 6 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 47 "'" ~ In the event that development described in the Application Materials is not completed within the effective period of this Agreement, this Agreement and the authorization to develop as contained herein shall be of no further force or effect. 5. Impact Fees a. Applicability. No building permit shall be issued for dev~.I9pmentpft/;Je Property unless and until any and all impact fees required under th¢n applicabl~.ordinances have been paid by the Owner or its assigns for such improvement. b. Pre-payment of Road Impact Fees; (1 ) ner's obligations under that een the Owner and the City of pacity Agreement") will increase the w of traffic on Gatlin Boulevard, east ayments provided for in the Capacity St. Lucie County in lieu of impact fees ent of each installment under the Capacity e Own e entitled to road impact fee pre-payment credit in an amount equal to that installment, resulting in a total 't of $2,000,000 under thé County's Road Impact Fee 1-17, Article III, St. Lucie County Code and Compiled he Capacity Agreement, the fees are payable to the City ts. agrees that road impact fees shall be deemed pre-paid at such ach installment is paid to the City, up to the full amount of that IIment. Owner shall provide County with evidence of the amount and d e of each installment payment. Owner may apply the pre-paid amounts li€)ward impact fees due for development within the Property, until all such pre-paid amounts have been depleted. The Board agrees that the drawdown schedule for the pre-paid impact fees recognized under this Section 5.b shall be at the following rates: · single-family dwellings · multi-family dwellings · 1 and 2 floors · 3 floors or more · commercial · office · elementary school · park $1,632 per unit $1,186 per unit $ 619 per unit $2,192 per 1,000 square feet $1,090 per 1,000 square feet $1,006 per 1,000 square feet $ 159 per acre DVA,01-001 (Westchester) September 11, 2001 Page 7 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 c. '- .....,¡ For any other use not listed in the above drawdown s?p~dule, the applicable County Road Impact Fee schedule shalLbe used to determine the amount to be drawn down. The impact fee raté$for any other use not listed in the above drawdown schedule, shall be based uponthe irnpâétfèeschedule!:¡!!in effect at the time of the building pérmit issuance. (2) The Owner agrees to provide to Boar¿ ª.Øetailed written reportbnthe rate of the road impact fee drawdown apprÖ\,i~¿ through this Section 5. b. This report shall include the name of thebuildêra description of each activity being permitted for which the credit is be J)plied. The first of these reports shall be due on July 1~}(~002, andshäl.l!h~r.eafter be due for the quarters ending September 30;¡:)ecember 31 , Ni'larchB1 , and June 30, by the 15th day of the month follöwil1gêächquarter. These reports shall be sent to the addresses set forth(bèlow: Development Director (3) Th ct fee pre-payment credits afforded under Section 5.b. of the Agrèement, which exceed the amount of imJ)act fees assessed against the pr6perty, shall be transferable to the remainder of the property described in !fxhibit A and may be used in the same manner and to the same extent as for the Exhibit B Property. Further, all imJ)act fee pre-payment credits shall be freely transferable with the ownershiJ) of any portion of the J)roJ)erty described in Exhibit A. ':'};~'f1i;- 1j;"; miPY' If this Agreement expires or terminates for any reason and road impact fee pre-payment credits afforded in accordance with this Agreement remain outstanding, the Owner shall be deemed to hold a credit for pre-payment of road impact fees which shall be transferable with the ownership of any portion of the J)roperty described in Exhibit A. Road Impact Fee Credit DVA,01-001 (Westchester) September 11,2001 Page 8 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 '-" ....,¡ (1) The Owner shall also be entitled to road impact f~e credit.ifôr road impact fees assessed against the Property under the COllnty'siRoad Impact Fee Ordinance, for all roadway improvements and rignFof-Waydedications made or caused to be made by Owner (beyond thosecØvere 'n Section S.b... above) that provide for increased capacity beyondthémin .necessaryj.tb address the impacts of the development of the Property,;toth~~xtent permitted under Chapter 1-17, Art.icle III, Section 1-17 -33.1,SkLucieI5ounty Code and Compiled Laws, which credit shall be calculatedih,a'ccordance with the criteria set forth in Section t"17-33.1 of the Road Impact Fee Ordinance. (2) The Owner agrees to provide to Board a detailed Written report on the rate of the road impact fee credit dr~w . n for all r()adii~~aCt fee credits granted pursuant to the County'sR<:)/'IØil. ~8tFee Ordinance. This report shall be in substantially the sam rmat as¡r.t :)ßrr¡¡¡po. required in Section S.b. and shall be due at the sam e. (3) afforded in accordance with this impact fees assessed against the mpact Fee Ordinance, Chapter 1-17, d Compiled Laws, shall be transferable to cribed in Exhibit A and may be used in the and to e extent as for the Exhibit B Property. Further, credits that are afforded in accordance with this Agreement ferable with the ownership of any portion of the property eem expires or terminates for any reason and road impact fee ed in accordance with this Agreement remain outstanding, the o II be deemed to hold a credit for road impact fees which shall be tra!'l~fêrðble with the ownership of any portion of the property described in E~t1ibit A. Owner shall be entitled to impact fee credits against all impact fees assessed gainst the Property for all improvements and/or contributions to the extent such improvements and/or contributions are eligible for credit under the applicable Impact Fee Ordinances of the County. The Owner agrees to provide to Board a detailed written report on the rate of the impact fee drawdown for all such impact fee credits granted. This report shall be in substantially the same format as the report required in Section S.b. and shall be due at the same time. Impact fees shall be separated by category in such reports. e. Transferability and Assiqnment of Impact Fee Credits DVA-01-001 (Westchester) September 11, 2001 Page 9 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 '-' -..I Any impact fee credits that may be afforded in accordance with this Agreement and/or the County's Impact Fee Ordinances, which exceed the amount of impact fees assessed against the Property, shall be transferabletøtl'1~ remainder of the property described in Exhibit A and may be used in the sa.rTlemanner and to the same extent as for the Exhibit B Property. Further, allimpå.øMee credits shal'~J:)e freely transferable with the ownership of any portior¡øf the property>çlesc~jb~d in Exhibit A. If this Agreement expires or terminates foråhyteåßon and any impact fee credits afforded in accordance with this Agree~ent,anSl{~r"the County's Impact Fee Ordinances remain outstanding, the Owner shallbødeemed to hold impact fee credits, which shall be transferable with the ownershipofanyportion of the property described in Exhibit A. 6. The following items in regard to acknowledged: ies in this area are a. Drainage: e County Flood Insurance Rate Map F dated August 19, 1991, the Property is e C, which is defined as areas not subject to flo I construction activities will be in accordance ith applicable St. Lucie County and South Florida Water agement District permitting standards and regulations. ary water supply services will be provided by the City of ort St. Lucie, St. Lucie West Services District, or a community development district which includes the Property. As part of the submittal of the Final Planned Development applications for the Property, utility service commitments shall be provided. , 'Sewer: Primary wastewater supply services will be provided by the City of Port St. Lucie, St. Lucie West Services District, or a community development district which includes the Property. As part of the submittal of the Final Planned Development applications for the Property, utility service commitments shall be provided. d. Solid Waste: Sufficient capacity exists in the St. Lucie County Land Fill to service the demands of the Property. e. Parks: Sufficient park facilities exist or are being provided in conjunction with the development of the Property. Impact fee credit shall be given for all park improvements or property DVA-01,001 (Westchester) September 11. 2001 Page 10 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 '-" ..., dedications which are not site related, or whiCh, if site related, exceed the impacts generated byt!iI~<:tl3velopment of the Property, consistent witmthe CoUr"1týWiifè.Parks Impact Fee Ordinance. f. Mass Transit: To the extent practical, and based upon.thetranspor;!l3tion development and service plans of the local transit providers, the final development plans for the area referred to as the Westchester PUO/PMUD shall consider the inclusion of dedicated transit stops aQø are.l3s in its final project designs. g. Roads: dges e are adequate public facilities to serve the 'ies needed to serve the development authorized by this inary approval of a PUD añd a PMUD and preliminary site n needed, and that this Agreement shall serve as a 7. Agreement rn~y't1e amended or canceled by mutual consent of the parties and shall terminate upon t . issuance of a Certificate of Occupancy in accordance with the last building permit horized for the Property. Prior to amending this Agreement, the Board hall hold tw blic hearings consistent with the requirements of SeCtion 11.08.02 of the tanding any other provision of this Agreement, the Owner may, at any time through the effective period of this Agreement, and upon satisfaction of all of Owner's obligations herein, declare that the development of the Property is completed and that the terms and conditions of the Agreement shall terminate. Any such declaration shall be in writing and provided to the County Administrator. Upon the receipt of any such declaration, any approvals granted for the Property shall be deemed to be modified to reflect only that portion of the development that has been constructed. No further development permit that would result in the generation of any additional required level of service impacts will be issued until an updated concurrency review has been completed. Any application for development approval following a voluntary declaration of completeness will be subject to all applicable DVA-01,001 (Westchester) September 11,2001 Page 11 '-' -..I 1 standards and regulations in effect at the time that the application is filecbf1l0ne Owner may 2 unilaterally terminate this Agreement at any time and forfeit any angi;t;J.!lgèvelopment rights 3 under this Agreement. . 4 5 8. Obliqation to Construct Roadwav Improvements. 6 7 Construction plans for the Gatlin Boulevard extensiol1 from 1-95 west to tneienfr'a!jceof the 8 project shall be submitted to St. Lucie County fe'\r þJüval within twelve mQnths of the 9 effective date of this agreement. Within twelve (12) f the date of St. Lucie County's 10 approval of said construction plans, contracts shall,t> ....econstruction of the westerly 11 extension of Gatlin Boulevard from 1-95 to the:easte$tE)¡l1tnmce to the Property as 12 generally depicted on the preliminary site plan§> approvedtv1ªf()tr6,2()01 . 13 14 Should Board prefer that funding for saidøþrt$tr'l.Ictibl'1.flow throúgþthe County, then Owner 15 agrees to cooperate with Board to aC¡¡¡l:5hiþlish thO e, prclVided that Owner and/or the 16 Westchester Community Developl]t~nt Distr' .èd to perform the construction 17 work, that the cost to Owner do t incr ing of the road construction is 18 consistent with Owner's proja nstru In this event, upon request of the 19 Board, the Owner shall pro the B construction easements along Gatlin 20 Boulevard to facilitate pu oadw d utilities construction or installation. 21 Such easements sha greate width and for no longer than 18 months 22 in d ·on. 23 24 9. 25 26 dance with the provisions of Section 4, shall be ten (10) 27 s provided in Section 4, unless earlier terminated as 28 his A eement may be extended by mutual consent of the Board 29Ublic hearing in accordance with Section 11.08.02 of the LDC. 30 tension shall not exceed five (5) years. 31 32 ion to the Florida De artment of Communi Affairs. 33 34 fter the Board enters into this Agreement, the Clerk of the Board shall 35 ement in the Public Records of St. Lucie County. A copy of the recorded 36 hall be submitted to the Florida Department of Community Affairs within 14 days 37 Agreement is recorded. If this Agreement is amended, canceled, modified, 38 extended, or revoked, the Clerk shall have notice of such action recorded in the public 39 records and such recorded notice shall be submitted to the Florida Department of 40 Community Affairs. 41 42 11. Effective Date. 43 44 This Agreement shall be effective on the date of its recording in the public records of St. 45 Lucie County or 30 days after its receipt by the Florida Department of Community Affairs, 46 whichever last occurs. If this Agreement has not become effective within 90 days of DV A-O 1-00 1 (Westchester) September 11, 2001 Page 12 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 '-' ...." recording, it shall be deemed canceled. 12. Annual Review. In accordance with Section 11.08.08 of the LDC, the Board shall reviewthe'development that is subject to this Agreement every 12 months, commencing 12 months after the effective date of this Agreement. The purpose of this review shall be to determine whether the owner is in good faith compliance with the t~rr:ns of this Agreement. ThéBoard 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 th.eOwnerof its intention to undertake the annual review of this Agreement. Sixty days before each annual anniversarydåtè~fithis agreement,the Owner shall provide to the Board a report with the followingirifôrl'1'1atiôri: 'Ikl a. An identification of any cha!iÍ@és in th.¢!þl the reporting year and fo'e next y~år. øment or in any phasing for b. A summary compa for the year. ty proposed and actually conducted c. ånd that have been sold to a separate tate and federal permits which have been obtained or f permit, permit number and purpose of each. er ob ns approval of a Development Order for a Development of nt that the Annual Report required by Section 380.06(18), Fla. statutes and regulations, meets or exceeds the requirements of s submission of that Annual Report shall satisfy the terms and provision, and a separate report will not be needed. that the Property is annexed, either voluntarily or involuntarily, into any local lity, the terms and conditions set forth in Section 3.h. and Section 6 of this greement shall remain the obligation and responsibility of the Owner. 14. Notices. The parties designate the following persons as representatives to be contacted and to receive all notices regarding this Agreement: For the County: County Administrator St. Lucie County DVA-01-001 (Westchester) September 11,2001 Page 13 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 '-' with a copy to: For the Owner: with copies to: and 15. ...., 2300 Virginia Avenue Ft. Pierce, Florida 34982-5652 County Attorney St. Lucie County 2300 Virginia Avenue Ft. Pierce, Florida 34982-5652 Paul J. Hegener Westchester Development Qompany 1850 Fountainview Boulevard Suite 201 Port St. Lucie, Florida 34986 Barry E. Somerstein, Esquire Ruden, McClosky, Smith, Schuster & Russell, P.A. 200 East Broward Boulevard Fort(Lauderdale, Floridà:33301 squire , Smith, Schuster & Russell, P.A. ging upon the parties and any written designee of the Owner. In f part or all of its obligations under this Agreement, Owner shall within thirty (30) days of such assignment. Upon an assignment of the assumption of Owner's obligations by said Assignee, the ssignor/Granto hall be deemed released from all rights, obligations and liabilities the Assignee/Grantee shall be deemed to have assumed all rights, liabilities hereunder and the term Owner shall thereafter refer to such ntee. In the event of assignment of this Agreement, the Owner shall provide County Administrator St. Lucie County 2300 Virginia Avenue Ft. Pierce, Florida 34982-5652 County Attorney St. Lucie County 2300 Virginia Avenue DVA-01-001 (Westchester) September 11, 2001 Page 14 '-' ......, 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 Ft. Pierce, Florida 34982-5652 IN WITNESS WHEREOF, the parties hereto have causedtheexecutionQf,thí$}\greement by their duly authorized officials as of the day and year first abovEhwritten. Signed, sealed, and delivered in the presence of: 1< Westchester Development Company Print Name Print Name The owledged before this _ day of of Westchester Developmen COJTufl;¡my, a Florida cor~6ration, who is personally known to me or who has produce as identification. 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Notary Public, State of Florida Print Name My Commission Expires: DVA-01·001 (Westchester) September 11, 2001 Page 15 1 2 ATTEST: 3 4 5 6 7 8 9 Deputy Clerk 10 11 12 13 14 15 APPROVED AS TO FORM 16 AND CORRECTNESS: 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 47 ....... ..,¡ BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA By: FranHie Hutchinson, Chairman DVA-01-001 (Westchester) September 11, 2001 Page 16 '-' 1 EXHIBIT A 2 3 4 [TOTAL 2,033 AIReS] 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 DVA-01-001 (Westchester) September 11, 2001 ....,¡ Page 17 '-" .....,; 1 DVA,01,001 (Westchester) September 11, 2001 Page 18 '-' ....., 1 EXHIBIT B 2 3 4 [PHASE I, 576.38!A~:I1I!J:S] 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DVA-01-001 (Westchester) September 11, 2001 Page 19 '-" ...,I 1 DVA-01-001 (Westchester) September 11, 2001 Page 20 '-' ..., 1 EXHIBIT C 2 3 4 RESOLUTION Na~:}ø"~i:~01 0 PUD 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 DVA-01-001 (Westchester) September 11, 2001 Page 21 '-' ....., 1 DVA-01,001 (Westchester) September 11, 2001 Page 22 '-' "wi 1 EXHIBIT 2 3 4 RESOLUTION N 5 PMUD 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 DVA-01-001 (Westchester) September 11, 2001 Page 23 \w' ....,¡ COMMISSION REVIEW: September 11, 2001 ENGINEERING MEMORANDUM NO. 01-172 TO: FROM: DATE: SUBJECT: Board of County Commissioners William Blazak, Utilities Director August 17, 2001 South Hutchinson Island Regional Wastewater Management System - South District M.S.B.U Final Hearing Construction of a Regional Wastewater Treatment, Collection and Re-use Water System BACKGROUND: On August 17, 1993, the Board adopted Resolution No. 93-96 which initially determined that the creation of the South Hutchinson Island Regional Wastewater Management System MSBU was in the best interest of the County and authorized the design and permitting of a regional wastewater treatment and collection system. On June 27, 1995, the Board adopted Resolution No. 95-155 accepting the preliminary assessment roll. On August 3, 1995, the Board adopted Resolution No. 95-166 to create the South Hutchinson Island Regional Wastewater Management System - "South District" MSBU; approve the Preliminary Assessment Roll; and to authorize the construction of the Project. On July 1 , 1998, Special Assessment Refunding Bonds, Series 1998, were issued at 5.21 % (TIC) to achieve a savings in annual debt service payments attributable to the "Series 1995" bonds originally issued at 6.11 %. The project has been completed, and based upon the initial agreement with the residents, all remaining project funds will be deposited into the Plants Renewal & Replacement Fund for the operation and maintenance of the Project. There will be no adjustment to the principal amount of the assessment nor any refunds to property owners. The annual payment amount for the South District MSBU has been adjusted to reflect a lower bond rate, from an original amount of $288 to a lowered amount of $261 per EDU. RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 01-162 approving the Final Assessment Roll for the South Hutchinson Island Regional Wastewater Management System - South District M.S.B.U . WB/bp Attachment cc: Staff Concurring Linda Smith. Tax Collector Supr/Data Base Adm. Property Appraiser g:lwplmsbuISHI-Slagafinal.wpd ~ AGENDA REQUEST "";ITEM NO. ~ A DATE: September 11, 2001 REGULAR [XX] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: ~ Utilities Director SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 SUBJECT: South Hutchinson Island Regional Wastewater Management System - South District M.S.B.U Final Hearing Construction of a Regional Wastewater Treatment, Collection and Re-use Water System BACKGROUND: See Attached Memorandum FUNDS AVAIL. N/A PREVIOUS ACTION: August 17, 1993 - Board determined that the creation of the SHI Regional Wastewater Management System MSBU is in the best interest of the County to fund the design and permitting costs. August 3, 1995 - Board created the MSBU; approved the preliminary assessment roll; and provided authorization to proceed with the Project. RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 01-162 approving the Final Assessment Roll for the South Hutchinson Island Regional Wastewater Management System - South District M.S.B.U . COMMISSION ACTION: [Xl APPROVED [ ] DENIED [ ] OTHER: 4-0 (Barnes Absent) [x]County Attorney Do Count CoordinationlSianatures fJ.a [X]M9t.&BUdget~4 Ix ]Co. Eng ~U\, ( [x]Public Works Dir []"'"h~~ I ]Utllities ) [x ]Finance ..... ...." RESOLUTION NO. 01-162 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, ADOPfING THE FINAL ASSESSMENT ROLL FOR THE SOUTH HUTCHINSON ISLAND REGIONAL W ASTEW ATER MANAGEMENT SYSTEM - SOUTH DISTRICT MUNICIPAL SERVICES BENEFIT UNIT AND CREDITING THE ASSESSED PROPERTIES AS SET FORTH IN THE FINAL ROLL; AND PROVIDING AN EFFECTIVE DATE WHEREAS, on August 17, 1993, pursuant to Chapter 1-13.5 of the St. Lucie County Code of Ordinances (the "Code"), the Board of County Commissioners of St. Lucie County, Florida (the "Board") adopted Resolution No. 93-096 which initially determined that the creation of the South Hutchinson Island Regional Wastewater Management System Municipal Services Benefit Unit was in the best interest of the County and authorized the design and permitting of a regional wastewater treatment and collection system; and WHEREAS, on October 4, 1994, pursuant to Section 197.3632, Florida Statutes, the Board adopted Resolution No. 94-171 stating the Board's intent to use the uniform method of collecting non-ad valorem special assessments levied by a proposed South Hutchinson Island Regional Wastewater Management System - South District Municipal Services Benefit Unit; and WHEREAS, on June 27, 1995, the Board adopted Resolution No. 95-155 accepting the preliminary assessment roll prepared by the County's Consulting Engineer; and WHEREAS, on August 3, 1995, pursuant to Chapter 125, Florida Statutes, and Chapter 1-13.5 of the Code, the Board adopted Resolution No. 95-166 creating the South District MSBU; and thereby, (1) adopted the Preliminary Assessment Roll for the South District MSBU to fund its share of the Project, which was based on the estimated costs for the Project, (2) authorized the levy of a special non-ad valorem assessment (the "Special Assessment") within the South District MSBU in the amount set forth in the Preliminary Assessment Roll, (3) authorized the collection of the Special Assessment by the uniform method of collection pursuant to Chapter 197, Florida Statutes, beginning with the 1995 tax bill for a period of30 years, and (4) authorized the Utilities Director to proceed with the Project; a caopy of a map showing the boundaries of the North District MSBU is attached as Exhibit "A"; and WHEREAS, on September 11, 2001, in accordance with Section 1-13.5-7 of the Code, the Board reviewed the final costs for the completed Project and determined that any remaining -1- '-' ""'" funds shall be deposited in the Plant's Renewal & Replacement Fund for the operation and maintenance of the Project. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners for St. Lucie County, Florida, as follows: Section 1: The Final Assessment Roll for the South Hutchinson Island Regional Wastewater Management System - South District Municipa] Services Benefit Unit MSBU (Exhibit "B") is hereby approved and confirmed and the Final Assessment Roll is substituted for the Preliminary Assessment Roll in accordance with the provisions of Chapter 1-13.5-7 of the Code. Section 2: Except for the substitution of the Final Assessment Roll for the Preliminary Assessment Roll, all of the findings, determinations, and actions made or taken by the Board pursuant to Resolutions Nos. 93-096, 94-]71, 95-155, and 95-166, including but not limited to the collection of the Special Assessments by the uniform method beginning with the tax bill for 1995 for a period of 30 years, shall remain in full force and effect and apply equally to the Final Assessment Roll. Section 3: This Resolution shall be effective upon adoption. PASSED AND DULY ADOPTED this 11th day of September, 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: BY: Chairman Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney -2- / /" / '-' ....." EXHIBIT "A" MAP OF MSBU I \ \ \ \ \ \ " \ ~ ~ ';(. ó ~ ~ '0 ;.; ~ ~ ~ ~ yO u> " ../. - , \ \ \ ...~,. ~·.~¡"~~~¡"'.ckÑ"'~;;¡;J"~".. , \ \ \ \ \ \ ~ . NOT INCLUDED -¡- .. m >< ::I: æ ::¡ ~ ~ é:) :E í\j""º- se. ~ - - ::r - c t:::!.- m m -. -i m :J » x.a g.1» (')CO 3 Q.§5::r@1»20 5.èñl» :J>2.:J e:: CD cn~S""" ~ m1JO'ò=l»m -ã3<D3CDNOe:: ::r-CD O:J <D 3' :J I» c.""C C. -i -. C. :J 5' '< <D Q)::J(þQ)_o'" xl»c.-<"<D- = (') -< õ !i? ã3 ~ b> Q.»ø~2æ.2:~ (þ'3c.e::",g.m oO-30-·õ Õ § ò ëij' 3 fJ) ""'--3::r.....l»g ~,3 =<Dc.g¡¡f-. '"¡; S' ~ a 0 :J D'c: _.C"...¿:JQ. -(J)~'<Cò(þc: ~"Tl!!1.£!.?enc.g. I» S'iñ' SO ~ c. :J Ø> :J ï -, .." -. c.-CDe::OCD:J ~ :> 0 Q. cá ~ 1J o3C:CD ;::;:..." 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I» S' m o C m- UJ C OJ ~ r ~ I\) -I\) ~ W N ~ o a ~ ~ ~..... ~ S>J ~ _w S>J en enO)CJ'1OO ~ t!::3~~ en :""oomo, .....~~...,¡I\)I\) -'-000.....<.0...... 000000 000000 OJ m Z (') r C o m o Z 1J ::D m 1J » -< ~ m -i :::¡ m ~ CII o c: -I ::I: ::I: c: -I o ::I: Z CII o Z zf/i 0» J:!Z -IC 'T ::I:J:! -cm z_1:) »CII_ r--Io »»:!!z C:CIIO» I:)CII-Ir- c:m»:¡: CIICIIz» .;-ICIICCII "'¡¡:CII-I om om oZ < .....-Ic:e; J:!-I» 0::1:-1 r-cm r--J:! CII¡¡: -I» :!!z 0» -II:) m ¡¡: m z -I CII -< CII -I m 3: ¡¡: CII m c: "Tl Z » r (') o UJ -i UJ ""-- !lilt AGENDA REQUEST . -lITEM NO...1iß.. - DATE: September 11, 2001 REGULAR [XX] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 SUBJECT: South Hutchinson Island Regional Wastewater Management System - North District M.S.B.U Final Hearing Construction of a Regional Wastewater Treatment Plant Facility - Reservation of Plant Capacity BACKGROUND: See Attached Memorandum FUNDS AVAIL. N/A PREVIOUS ACTION: August 17, 1993 - Board determined that the creation of the SHI Regional Wastewater Management System MSBU is in the best interest of the County to fund the design and permitting costs. November 15, 1994 - Board determined that the creation of the MSBU is in the best interest of the County to fund the acquisition of land and construction of the Plant. August 3, 1995 - Board created the MSBU; approved the preliminary assessment roll and provided authorization to proceed with the Project. RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 01-163 approving the Final Assessment Roll for the South Hutchinson Island Regional Wastewater Management System - North District M.S.B.U . COMMISSION ACTION: [x¡County Attorney [x]Public wor~ [x ]Finance ~ ~< JtAA ----- Coordinatlon/Slanatures [x ]Mgt. & Budget ~ 1YJ~ [X]Co.Eng~ . CE: r<:] APPROVED [ ] DENIED [ ] OTHER: 4-0 (Barnes Absent) [ ["'"hU~ [ ¡Utilities L/ "-' ~ COMMISSION REVIEW: September 11, 2001 ENGINEERING MEMORANDUM NO. 01-172 TO: Board of County Commissioners FROM: William Blazak, Utilities Director DATE: August 17, 2001 SUBJECT: South Hutchinson Island Regional Wastewater Management System - North District M.S.B.U Final Hearing Construction of a Regional Wastewater Treatment Plant Facility - Reservation of Plant Capacity BACKGROUND: On August 17, 1993, the Board adopted Resolution No. 93-96 which initially determined that the creation of the South Hutchinson Island Regional Wastewater Management System MSBU was in the best interest of the County and authorized the design and permit~ing of a regional wastewater treatment and collection system. On November 15, 1994, the Board adopted Resolution No. 94-242 determining that the creation of the South Hutchinson Island Regional Wastewater Management System - "North District" MSBU was in the best interest of St. Lucie County. On June 27, 1995, the Board adopted Resolution No. 95-155 accepting the preliminary assessment roll. On August 3, 1995, the Board adopted Resolution No. 95-165 to create the South Hutchinson Island Regional Wastewater Management System - "North District" MSBU; approve the Preliminary Assessment Roll; and authorized the Utilities Director to proceed with the Project. On July 1, 1998, Special Assessment Refunding Bonds, Series 1998, were issued at 5.21% (TIC) to achieve a savings in annual debt service payments attributable to the "Series 1995" bonds originally issued at 6.11 %. The project has been completed, and based upon the initial agreement with the residents, all remaining project funds will be deposited into the Plants Renewal & Replacement Fund for the operation and maintenance of the Project. Their will be no adjustment to the principal amount of the assessment nor any refunds to property owners. \.of "-' The annual payment amount for the North District MSBU has been adjusted to reflect a lower bond rate, from an original amount of $205 to a lowered amount of $186 per EDU. I RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 01-163 approving the Final Assessment Roll for the South Hutchinson Island Regional Wastewater Management System - North District M.S.B.U . WB/bp Attachment cc: Staff Concurring Linda Smith, Tax Collector Supr/Data Base Adm. Property Appraiser g:\wp\msbu\SH I-N\agafinal. wpd \.. ....,.¡ RESOLUTION NO. 01-163 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, ADOPTING THE FINAL ASSESSMENT ROLL FOR THE SOUTHHUTCIllNSONISLAND REGIONAL WASTEWATER MANAGEMENT SYSTEM - NORTH DISTRICT MUNICIPAL SERVICES BENEFIT UNIT AND CREDITING THE ASSESSED PROPERTIES AS SET FORTH IN THE FINAL ROLL; AND PROVIDING AN EFFECTIVE DATE WHEREAS, on August 17, 1993, pursuant to Chapter 1-13.5 of the St. Lucie County Code of Ordinances (the "Code"), the Board of County Commissioners of St. Lucie County, Florida (the "Board") adopted Resolution No. 93-096 which initially determined that the creation of the South Hutchinson Island Regional Wastewater Management System Municipal Services Benefit Unit was in the best interest of the County and authorized the design and permitting of a regional wastewater treatment and collection system; and WHEREAS, on October 4, 1994, pursuant to Section 197.3632, Florida Statutes, the Board adopted Resolution No. 94-172 stating the Board's intent to use the uniform method of collecting non-ad valorem special assessments levied by a proposed South Hutchinson Island Regional Wastewater Management System - North District Municipal Services Benefit Unit; and WHEREAS, on November 15, 1994, pursuant to Chapter 1-13.5 of the St. Lucie County Code of Ordinances (the "Code"), the Board of County Commissioners of St. Lucie County, Florida (the "Board") adopted Resolution No. 94-242 which initially determined that the creation of the South Hutchinson Island Regional Wastewater Management System - North District Municipal Services Benefit Unit (the "North District" MSBU) to fund its share of the cost of acquiring land, the design, and construction of a regional wastewater treatment facility (the "Plant") was in the best interest of St. Lucie County; and WHEREAS, on June 27, 1995, the Board adopted Resolution No. 95-155 accepting the preliminary assessment roll prepared by the County's Consulting Engineer; and WHEREAS, on August 3, 1995, pursuant to Chapter 125, Florida Statutes, and Chapter 1-13.5 of the Code, the Board adopted Resolution No. 95-165 creating the North District MSBU; and thereby, (1) adopted the Preliminary Assessment Roll for the North District MSBU to fund its share of the Plant, which was based on the estimated costs for the Project, (2) authorized the levy of a special non-ad valorem assessment (the "Special Assessment") within the North District -1- '-' ..,¿ MSBU in the amount set forth in the Preliminary Assessment Roll, (3) authorized the collection of the Special Assessment by the uniform method of collection pursuant to Chapter 197, Florida Statutes, beginning with the 1995 tax bill for a period of 30 years, and (4) authorized the County Engineer to proceed with the Project; a copy of a map showing the boundaries of the North District MSBU is attached as Exhibit "A"; and WHEREAS, on September 11, 2001, in accordance with Section 1-13.5-7 of the Code, the Board reviewed the final costs for the completed Project and determined that any remaining funds shall be deposited in the Plant's Renewal & Replacement Fund for the operation and maintenance of the Project. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners for S1. Lucie County, Florida, as follows: Section 1: The Final Assessment Roll for the South Hutchinson Island Regional Wastewater Management System - North District Municipal Services Benefit Unit MSBU (Exhibit "B") is hereby approved and confirmed and the Final Assessment Roll is substituted for the Preliminary Assessment Roll in accordance with the provisions of Chapter 1-13 .5-7 of the Code. Section 2: Except for the substitution of the Final Assessment Roll for the Preliminary Assessment Roll, all of the findings, determinations, and actions made or taken by the Board pursuant to Resolutions Nos. 93-096, 94-172, 94-242, 95-155, and 95-165, including but not limited to the collection of the Special Assessments by the uniform method beginning with the tax bill for 1995 for a period of 30 years, shall remain in full force and effect and apply equally to the Final Assessment Roll. Section 3: This Resolution shall be effective upon adoption. PASSED AND DULY ADOPTED this 11th day of September, 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney -2- /' ,;- / \.of ""'" EXHIBIT "A" MAP OF MSBU ~ \ '. , , \ , \ "- " \. 'ß ~ ~ ó ~ ~ 'ð y; t ~ ~ ~ 'J, ..:1:- \ \ \ \ \ \ "'':.0 ~'.9¡"~~~,,~~;¡;:......... \ \ \ \ \ \. \ NOT INCLUDED -!- ::J m U) ::!i ::!i W I- ~ U) I- Z W ::!i W ell- <Co z- <cD: ::!il- D:!!2..J W°..J I-XO <CI-D: ~::JI-... wozg I-U)WN U) O::!i - <CZu)1- ~<cf3~ ..J1-U)eI <COU)::J Zæ<c<c 01-...1 -U)<C CI_Z wQ_ D:XII.. 01- ZD: <CO ..JZ !!2 z o U) z :¡: o I- ::J X X I- ::J o U) ~ en o Ü ...I <C Z ¡¡: ~ UJ !::: 000000 000000 "':a)~crior= c\ c\ I'-'<t~.,... 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'-' DATE: September 11, 2001 REGULAR [XX] PUBLIC HEARING [ ] CONSENT [ TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): SLC UTILITIES SUBJECT: South Hutchinson Island Regional Wastewater Management System - North District M.S.B.U Final Hearing - Collection, Transmission and Disposal Facilities (Conveyance Facilities) BACKGROUND: See Attached Memorandum FUNDS AVAIL. (State type & No. of transaction or N/A): N/A PREVIOUS ACTION: August 17, 1993 - Board determined that the creation of the SHI Regional Wastewater Management System MSBU is in the best interest of the County to fund the design and permitting costs. November 15, 1994 - Board determined that the creation of the MSBU is in the best interest of the County to fund the acquisition of land and construction of the Treatment Facility. August 3, 1995 - Board created the MSBU; approved the preliminary assessment roll and authorized construction of the Plant. February 25,1997 - Board approved the preliminary assessment roll to fund the engineering design costs for the Conveyance System July 8, 1997 - Board approved an amended assessment roll to fund the Project cost and authorized construction of the Project (Conveyance System). RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 01-164 approving the Final Assessment Roll for the South Hutchinson Island Regional Wastewater Management System - North District MSBU. COMMISSION ACTION: ...... [x] APPROVED [] DENIED [ ] OTHER: 4-0 (Barnes Absent) [x]County Attorney [x]Public Works Dir [x ]Finance 11, c#~/ Coordination/Sianatu res [x ]Mgt & Budget iHJ -1r) ¡h~ . I [x ]Co. Eng~~. -.I o la Anderson County Administrator [ ]Purchasing []Utilities , . . COMMISSION REVIEW: September 11 2001 TO: FROM: DATE: SUBJECT: Board of County Commissioners .j)h( William Blazak, Utilities Director \}JI'l/ August 29, 2001 South Hutchinson Island Regional Wastewater Management System - North District M.S.B.U Final Hearing Collection, Transmission and Disposal Facilities (Conveyance Facilities) BACKGROUND On August 17, 1993, the Board adopted Resolution No. 93-96 which initially determined that the creation of the South Hutchinson Island Regional Wastewater Management System MSBU was in the best interest of the County and authorized the design and permitting of a regional wastewater treatment and collection system. On November 15, 1994, the Board adopted Resolution No. 94-242 determining that the creation of the South Hutchinson Island Regional Wastewater Management System - "North District" MSBU was in the best interest of St. Lucie County. On June 27, 1995, the Board adopted Resolution No. 95-155 accepting the preliminary assessment roll. On August 3,1995, the Board adopted Resolution No. 95-165 to create the South Hutchinson Island Regional Wastewater Management System - "North District" MSBU; to approve the Preliminary Assessment Roll; and to authorize the construction of the Plant. On February 25, 1997, Resolution No. 97-63 was adopted to levy an assessment to fund only the engineering design costs for the collection, transmission, and disposal facilities (the "Conveyance Facilities") for the South Hutchinson Island - North District. On July 8, 1997, Resolution No. 97-146 was adopted to levy an assessment to refund the outstanding note used to fund the engineering design costs of the Project for the Conveyance Facilities, and to fund the construction costs of the Project for the Conveyance Facilities, and authorized the Utilities Director to proceed with the Project; and The project has been completed and final costs are approximately twenty-six (26%) lower than the preliminary assessment. Refund checks will be mailed to property owners that prepayed or payed off their assessment. The remaining funds will be used to redeem bonds, thus reducing the term of the assessment. '-' ..,¡ RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 01-164 approving the Final Assessment Roll for the South Hutchinson Island Regional Wastewater Management System - North District M.S.B.U . WB/bp Attachment cc: Staff Concurring Linda Smith, Tax Collector SuprlData Base Adm. Property Appraiser g:\wp\msbu\SH I-N3\agafinal. wpd '-' .....,¡ RESOLUTION NO. 01-164 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, ADOPTING THE FINAL ASSESSMENT ROLL FOR THE SOUTHHUTCIDNSONISLAND REGIONAL WASTEWATER MANAGEMENT SYSTEM - NORTH DISTRICT MUNICIPAL SERVICES BENEFIT UNIT TO FUND THE COLLECTION, TRANSMISSION AND DISPOSAL FACILITIES; AND CREDITING THE ASSESSED PROPERTIES AS SET FORm IN THE FINAL ROLL; AND PROVIDING AN EFFECTIVE DATE WHEREAS, on August 17, 1993, pursuant to Chapter 1-13.5 of the S1. Lucie County Code of Ordinances (the "Code"), the Board of County Commissioners of St. Lucie County, Florida (the "Board") adopted Resolution No. 93-096 which initially detennined that the creation of the South Hutchinson Island Regional Wastewater Management System Municipal Services Benefit Unit was in the best interest of the County and authorized the design and pennitting of a regional wastewater treatment and collection system; and WHEREAS, on October 4, 1994, pursuant to Section 197.3632, Florida Statutes, the Board adopted Resolution No. 94-172 stating the Board's intent to use the unifonn method of collecting non-ad valorem special assessments levied by a proposed South Hutchinson Island Regional Wastewater Management System - North District Municipal Services Benefit Unit; and WHEREAS, on November 15, 1994, pursuant to Chapter 1-13.5 of the St. Lucie County Code of Ordinances (the "Code"), the Board of County Commissioners of St. Lucie County, Florida (the "Board") adopted Resolution No. 94-242 which initially determined that the creation of the South Hutchinson Island Regional Wastewater Management System - North District Municipal Services Benefit Unit (the "North District" MSBU) to fund its share of the cost of acquiring land, the design, and construction of a regional wastewater treatment facility (the "Plant") was in the best interest of S1. Lucie County; and WHEREAS, on June 27, 1995, the Board adopted Resolution No. 95-155 accepting the preliminary assessment roll prepared by the County's Consulting Engineer; and WHEREAS, on August 3, 1995, pursuant to Chapter 125, Florida Statutes, and Chapter 1-13.5 of the Code, the Board adopted Resolution No. 95-165 creating the North District MSBU; and thereby, (1) adopted the Preliminary Assessment Roll for the North District MSBU to fund -1- '-" ...." its share of the Plant, which was based on the estimated costs for the Project, (2) authorized the levy of a special non-ad valorem assessment (the "Special Assessment") within the North District MSBU in the amount set forth in the Preliminary Assessment Roll, (3) authorized the collection of the Special Assessment by the uniform method of collection pursuant to Chapter 197, Florida Statutes, beginning with the 1995 tax bill for a period of 30 years, and (4) authorized the County Engineer to proceed with the Project; a copy of a map showing the boundaries of the North District MSBU is attached as Exhibit "A"; and WHEREAS, owners of real property within the North District MSBU have requested the County to levy an assessment to fund the cost of the design and construction of the collection, transmission and disposal facilities (the "Conveyance Facilities") for connection to the Plant (the "Project"). WHEREAS, on December 17, 1996, pursuant to Section 197.3632, Florida Statutes, the Board adopted Resolution No. 96-260 stating the Board's intent to use the uniform method of collecting non-ad valorem special assessments Ievied by the North District Municipal Services Benefit Unit; and WHEREAS, on February 25, 1997, pursuant to Chapter 1-13.5 of the Code, and Chapter 125 and Section 197.3632, Florida Statutes, the Board adopted Resolution No. 97-63 and thereby, (1) adopted the Preliminary Assessment Roll for the North District MSBU to fund the engineering design costs for the Conveyance Facilities, (2) authorized the levy of a special non-ad valorem assessment (the "Special Assessment") within the North District MSBU in the amount set forth in the Preliminary Assessment Roll, (3) authorized the collection of the Special Assessment by the uniform method of collection pursuant to Chapter 197, Florida Statutes, beginning with the 1997 tax bill for a period of 28 years, and (4) authorized the County Engineer to proceed with the Project; and WHEREAS, on July 8,1997, pursuant to Chapter 1-13.5 of the Code and Chapter 125 and Section 197.3632, Florida Statutes, the adopted Resolution No. 97-146 and thereby, (1) adopted the Preliminary Assessment Roll for the North District MSBU to refund the outstanding note used to fund the engineering design costs of the Project for the Conveyance Facilities, and to fund the construction costs of the Project for the Conveyance Facilities which was based on the estimated costs for the Project, (2) authorized the levy of a special non-ad valorem assessment (the "Special Assessment") within the North District MSBU in the amount set forth in the Preliminary Assessment Roll, (3) authorized the collection of the Special Assessment by the uniform method of collection pursuant to Chapter 197, Florida Statutes, beginning with the 1997 tax bill for a period of 28 years, and (4) authorized the County Engineer to proceed with the Project; and WHEREAS, on September 11, 2001, in accordance with Section 1-13.5-7 of the Code, the Board reviewed the final costs for the completed Project and determined that the final costs are lower than the estimated costs as set forth in the Preliminary Assessment Roll and therefore the Special Assessments should be credited in accordance with Section 1-13 .5-7 of the Code as set forth in the Final Assessment Roll (Exhibit "Bit). -2- NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners for St. Lucie County, Florida, as follows: Section 1: The Final Assessment Roll for the South Hutchinson Island Regional Wastewater Management System - North District Municipal Services Benefit Unit MSBU (Exhibit liB ") is hereby approved and confirmed and the Final Assessment Roll is substituted for the Preliminary Assessment Roll in accordance with the provisions of Chapter 1-13.5-7 of the Code. Section 2: Except for the substitution of the Final Assessment Roll for the Preliminary Assessment Roll, all of the fmdings, determinations, and actions made or taken by the Board pursuant to Resolutions Nos. 93-096, 94-172, 94-242, 95-155, and 95-165, including but not limited to the collection of the Special Assessments by the uniform method beginning with the tax bill for 1995 for a period of 30 years, shall remain in full force and effect and apply equally to the Final Assessment Roll. Section 3: This Resolution shall be effective upon adoption. PASSED AND DULY ADOPTED this 11th day of September, 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney -3- ./ /" / '-' 'wi EXHIBIT "An MAP OF MSBU i \ . \ . , \ "- " " "k ' ~ ~ ó ..... ~ t. \\ 'fp ~ ~ ~ o (jl \ \ f -:1,- ì \ \ \ ,...:-." '··.AA-1JfI..~?it(,"¡;Ñ,.J~;~;I~"~- \ \ . .. 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CD .r: Õ ãj c o c. ~ 8 (/) -0 C o .c ê $ 00 Q) C) c .2 Q) -5 .... .E o o Ó ~ UJ ca CD ~ . > tT - 0 w§~ 8& (/)q 0'- !!Ï c Q) E .¡r¡. ~ã]£ r Q)1\j:ë g 1- 3: ~ ca;,'! . .,., C) 0 >!!.. .... C '<t & t-I ·õ (i)q ~ C):ë ro þJ Cca_ o u 0 ciÉ'ã.$ <lJ3:c.ca u. ca.... c:~:t::ëñ o CD . Q) ._ ~ en .... ücu.:22 CD c.c.c '(5 Q) Q) .~ üUJ<lJca ou._ ESl::cø Q)o~~~ E-ucaca (/)-Q)Q)<IJ 1:) ¡ß§'(5)>>- Q) UJoüøø .po (/) u N N - «UJ- >- Q. ;,'!oæo.c ãj ~~E;-g ~§3'<tg¡ !l'ã. UJOã.3~'EE ~E_ã.(/)O~ ccagj_«EE Ë~ãjüc~caë 1ñõ-5C\Jë:;, ol-~E(/)Q)O ü<IJ·õca..:!EE 1:).r:....- c.g¡« Q).:::a...æt)CDE ·e ~ ~ ~ 8 ~ Q) ~ii1~~~<IJ~ ¡g ~ °E ~ ·e ~ ~ .-- (/)Q.Q.~ E-:J- - :::O(/)OtijtijC ~~Q);,'!CC¿ Q.N-5~¡¡:¡¡:(/) (/) (/) (/) (/) '" (/) tij ãjãjtijãjãj(ij~ ~~~~~~tT tTtTtTtTtTtTW wwwwww~ ______0 ~~~t::..~~~ 1i5 o Ü \~ v ¥ "f:J Agenda Request Item Number 7 Date: Sept. 11,2001 Consent Regular Public Hearing Leg. [ ] [ ] [ X] [ ] Quasi-JD [ To: Submitted By: Board of County Commissioners Interim Community Development Dir SUBJECT: Consider Draft Resolution 01,133 approving the request of Preferred Properties of SI. Lucie, LLC. for a Major Site Plan approval for the project to be known as Pine Summit Apartments. (File No.: MJSP-01-004) BACKGROUND: Preferred Properties of St. Lucie, LLC, has applied for a Major Site Plan approval for the project to be known as Pine Summit Apartments. This project is to be a 320 unit apartment complex, located on a 64-acre parcel of land in the northwest quadrant of Prima Vista Boulevard and Lennard Road, just south of the Vista St. Lucie project. The subject property is located in the RM-5 (Residential Multiple-Family - 5 du/acre) Zoning District. The applicant is proposing a density of 5 du/acre, which is consistent with the maximum permitted density within the RM-5 (Residential, Multiple-Family - 5 du/acre) Zoning District. A summary of the proposed project is as follows: 1 Bedroom 68 320 Total Units 2 Bedroom 168 3 Bedroom 84 3,331 square foot clubhouse with a swimming pool and spa located at the project entrance; 1,124 square foot cabana with Recreational Component a swimming pool and spa located in the northwestern portion of the site; a tot lot with a grass ball field and playground equipment; a exercise trail around Lake #1: and two lighted tennis courts located alono the northeastern property line. Wetland (Preserved\ 22.03 acres Preservation Areas Wetland Buffers 4.41 acres ODen SDace 20.49 acres Attached is a copy of Draft Resolution 01-133, which, if approved, would grant this request for Major Site Plan approval, subject to the conditions contained therein. FUNDS AVAilABLE: PREVIOUS ACTION: RECOMMENDATION: N/A N/A Staff recommends approval of Draft Resolution 01-133. subject to the cited conditions contained therein. C MMISSION ACTION: DC] APPROVED D OTHER 4-0 DENIED (Barnes: Ahs:pnt-) URRENCE: County Attorney Originating Depl.: Finance: Coordination! Signatures Mgt. & Budget: Other: Purchasing: Other: ~ ......, COMMISSION REVIEW: September 11, 2001 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division MEMORANDUM TO: County Commission FROM: Interim Community Development Director DATE: September 4, 2001 SUBJECT: Consider Draft Resolution 01-133, approving the request of St. Lucie Preferred Properties, LLC, for Major Site Plan approval for the project to be known as Pine Summit Apartments. (File No.: MJSP-01-004) LOCATION: North/Northwest of the intersection of Prima Vista Boulevard (extended) and Lennard Road, just south·'f 'h" Vista St. Lucie residential project. EXISTING ZONING: RM-5 (Residential, Multiple-Family - 5 du/acre) LAND USE DESIGNATION: RU (Residential Urban) PARCEL SIZE: 64.00 ± Acres PROPOSED USE: 320 Unit Rental Apartment Project PROJECT DENSITY: SURROUNDING LAND USE: 5.0 Units per acre The Vista St. Lucie Residential project is located to the north; the proposed Prima Vista Crossings Commercial Center is located to the south; vacant residential lands are located to the east and commercial is located to the west. The future land use designations for the surrounding properties are: RM (Residential, Medium) to the north, COM (Commercial) to the south and west and RU (Residential Urban) to the east. SURROUNDING ZONING: RM-9 (Residential, Multiple-Family - 9 du/acre) to the north, CO Commercial Office) and CG (Commercial, General) to the south and west and RM-5 (Residential, Multiple-Family - 5 du/acre) to the east. FIRE/EMS PROTECTION: Fire Station Number #3 (250 West Prima Vista Boulevard) is located approximately 2.5 miles to the west. September 11, 2001 Page 2 '-" ~ Subject: Pine Summit Major Site Plan MJSP-01-004 UTILITY SERVICE: Water and sewer services to the provided by the City of Port St. Lucie Utilities. TRANSPORTATION IMPACTS: Right of Way Adequacy: See Comments Scheduled Area Improvements: See Comments TYPE OF CONCURRENCY DOCUMENT REQUIRED: Certificate of Capacity ******************************************** STANDARDS FOR SITE PLAN REVIEW Section 11.02.07, of the St. Lucie County Land Development Code identifies the minimum Standards of Review for all proposed Site Plans. These standards must be met in order for any site plan approvals to be considered. Staff has reviewed the request for Major Site Plan approval, utilizing these requirements and notes the following: A. CONSISTENCY WITH LOCAL ORDINANCES AND COMPREHENSIVE PLAN The proposed building or use is consistent with the general purpose, goals, objectives, and standards of this Code, the St. Lucie County Comprehensive Plan, and the Code and Compiled Laws of St. Lucie County; and the proposed use complies with all additional standards imposed on it by the particular provisions of this Code authorizing such use and any other requirement of the Code and Compiled Laws of St. Lucie County. The proposed Pine Summit Apartment Complex is consistent with the general purpose, goals, objectives and standards of this Code, the St. Lucie County Comprehensive Plan, and the Code and Compiled Laws of St. Lucie County. Policy 1.1.1.1 of the St. Lucie County Comprehensive Plan establishes a maximum density for the RU (Residential Urban) land use category as 5 dwelling units per acre. This proposed project is to be developed at a density of 5 dwelling units per acre. Therefore, the proposed project is consistent with this policy. Policy 1 .1.5.10 of the St. Lucie County Comprehensive Plan states ".. .construction of new residential development at densities greater than two units per acre shall only be permitted when central or on-site wastewater systems are available or will be provided concurrent with the impacts of development, consistent with the adopted levels of service found in the plan." The applicant has provided a letter of service availability from the City of Port St. Lucie Utilities System Department, which indicates sufficient capacity "'" """ Subject: Pine Summit Major Site Plan MJSP-01-004 September 11, 2001 Page 3 availability to support the proposed project. The proposed project is consistent with this policy. Policy 1.1.9.4 of the S1. Lucie County Comprehensive Plan states ".. .the land development regulations shall provide that existing on-site native upland habitat be incorporated into required site plans as part of open space areas, required landscaping or as a part of minimum yard areas so that as much of the identified habitat as is practicable is maintained." The proposed site plan for this project indicates the preservation of approximately forty-one percent (41 'Yo) of the existing site vegetation as part of the projects wetland (22 acres) and wetland upland buffer (4 acres) areas. Based upon the preservation of onsite vegetation, the proposed project is consistent with this policy. The developer has dedicated an additional 26.38 acres to be provided onsite for lake features (5.89 acres) and landscaping and open space (20.49 acres) areas. The proposed landscape areas include a number of undisturbed native vegetation areas along the northern and southern property lines. B. EFFECT ON-NEARBY PROPERTIES 1 . The proposed building or use will not have an undue adverse effect upon nearby property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety, and general welfare. The proposed Pine Summit Apartment complex has been determined not to have an undue or adverse effect upon nearby propertiés. The subject property is surrounded by the following land use and zoning districts. Property Use Land UselZoning Designation -¡ North Vista SI. Lucie RM (Residential Medium) I RM-9 (ResidentiaL I Residential project Multiple-Family - 9 dulacre) Vacant Commercial Land South (proposed Prima Vista COM (Commercial) I CG (Commercial General) Crossings Shopping Center) .--- East Vacant Residential Land RU (Residential Urban) I RM-5 (Residential, Multiple Family - 5 dulacre) West Various Commercial Properties COM (Commercial) I CG (Commercial General) and & South U. S. #1 CO (Commercial Office) The proposed apartment complex is considered to be an appropriate transitional use from the more intense commercial uses to the west to the single-family residential properties to the north and east. In June 2000, St. Lucie County authorized the establishment of a special MSBU (Municipal Service Benefit Unit) for the construction of a portion of Lennard Road, east of US #1. The Pine Summit Apartments property is part of the proposed MSBU. No assessment rates have been set yet. Final assessments will not be known until the actual project is bid out and completed. '"'" ....I Subject: Pine Summit Major Site Plan MJSP-01-004 September 11,2001 Page 4 The Developers of the Pine Summit Apartment project have submitted a traffic impact report assessing the impacts of the project. At this time, there is projected to be sufficient capacity on the two major transportation facilities within the vicinity of the proposed project (Prima Vista Boulevard and U. S. Highway #1) to support the development of the Pine Summit Apartments. This development is not expected to cause any of the existing transportation links in this area to fall below an acceptable minimum Level of Service. The Developer's traffic impact report was completed incorporating a connection from the development onto Lennard Road North and accessing the Prima Vista Crossing Shopping Center just south of the subject property. The City of Port St. Lucie Utilities System Department will be servicing the proposed project with water and sewer. The applicant has provided verification from this entity that sufficient capacity is available to support the proposed apartment complex. 2. All reasonable steps have been taken to minimize any adverse effect of the proposed building or use on the immediate vicinity through building design, site design, landscaping, and screening. The applicant has designed the project in a manner as to minimize the impact to the existing wetlands found on site. The adjacent properties to the north, south, and east will be buffered from the proposed development through the preservation of native vegetation and the existing wetlands. Very little parking area will be visible from Prima Vista Boulevard and t:ennard Road. The proposed apartment complex will have fourteen buildings with three buildings containing 24 units (12 - 1 bedroom units and 12 - 2 bedroom units), seven buildings containing 24 units (12 - 2 bedroom units and 12 - 3 bedroom units) and four buildings containing 20 units (8 - 1 bedroom units and 12 - 2 bedroom units). The closest apartment building to the eastern property line is approximately 96 feet. The closest apartment building to the northern property line is approximately 74 feet. The applicant has minimized any adverse impacts on the surrounding residential units through site design and preservation of the native uplands vegetation and wetlands found on the existing site. 3. The proposed building or use will be constructed, arranged, and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. The design of the proposed project has been determined not to interfere with the development or use of neighboring properties. The property to the north is developed as a multifamily residential development; to the south is vacant commercial land, which is proposed to be developed as a commercial shopping center (Prima Vista Crossings); to the east is vacant residential land and to the west is a variety of commercially developed property. This multi-family '-' ..,.; Subject: Pine Summit Major Site Plan MJSP-01-004 September 11, 2001 Page 5 development project is being developed at an overall project density of 5 du/ac reo The Vista St. Lucie project was developed at a density of 8.95 du/acre. The access to the proposed building site will be through a single point of access onto Prima Vista Boulevard. The applicant is proposing a future access onto Lennard Road, once the roadway is extended north towards Savanna Ridge Elementary School. No other access into or out of the development site is being proposed. C. ADEQUACY OF PUBLIC FACILITIES The proposed building or use complies with the standards of Chapter V, Adequate Public Facilities. The Developers of the Pine Summit Apartments have submitted a traffic impact report assessing the impacts of this project. This development is not expected to cause any of the existing transportation links in this area to fall below an acceptable minimum Level of Service. The proposed Pine Summit Apartment Complex will be serviced water and sewer by Port St. Lucie Utilities. The applicant has submitted a letter of intent from the City of Port St. Lucie Utilities System Department, which indicates that sufficient capacity for both water and sewer is available to support the proposed 320-unit apartment complex. D. ADEQUACY OF FIRE PROTECTION The applicant has obtained from the St. Lucie County Fire District written confirmation that the proposed site plan conceptually meets the minimum access and water supply requirements for fire protection services at this facility. The applicant has obtained written confirmation from the St. Lucie County Fire District that the proposed plan conceptually meets the minimum access and water supply requirements for fire protection services at this facility. The applicant has incorporated a series of fire protection components into the design of the project. The developer has proposed a number of fire hydrants to be installed throughout the development. The written confirmation, or has otherwise demonstrated by substantial credible evidence, that water supply, evacuation facilities, and emergency access are satisfactory to provide adequate fire protection. E. ADEQUACY OF SCHOOL FACILITIES The Pine Summit Apartments will be served by adequate school facilities. Student assignments will be made consistent with applicable St. Lucie County Board of Education standards and regulations. The Pine Summit Apartments will be subject to the County's Educational Impact Fee Ordinance. '-' -...I Subject: Pine Summit Major Site Plan MJSP-01-004 September 11, 2001 Page 6 F. ENVIRONMENTAL IMPACT For developments required to provide an environmental impact report under Section 11.02.09(A)(5), the proposed development will not contravene any applicable provision of the St. Lucie County Comprehensive Plan, or of Chapter VIII, "Natural Environment Analysis': of the St. Lucie County Barrier Island Study Analysis of Growth Management Policy Plan, Kimley-Horn and Associates, Inc. (August, 1982). The proposed Pine Summit Apartments site occupies approximately 64 acres and contains an area of environmentally sensitive land. The developers of this project have submitted the required environmental impact study for this site. The general plant communities found on this site includes: Pine/Flatwood; Brazilian Pepper; Australian Pine and Depressional Wetlands. The property is dominated by slash pine (52.13 acres) with a variable canopy cover. The understory is dominated by saw palmetto (Serenoa repens), wire grass (Asristida stricta), broom sedge (Andropogon virginicus) rusty Iyonia (Lyonia ferruginea) and gallberry (lIex glavara). Brazilian Pepper has impacted two acres of the property. Approximately one acre of the project site is impacted by Melaleuca; with approximately six acres of the site being impacted by Australian pine. In addition, the subject property contains Freshwater wetlands and Wetland Forested Mixed communities. The dominating canopy within the wetland area is Dahoon Holly (lIex cassine), Slash Pine, Red Bay (Persea borbonia) and Wax Myrtle (Myrica cerifera). The wetland understory is dominated by St. John's Wort (Hypericum spp.), Hat Pin (Eriocaulon spp.), Bog Buttons (Lachnocaulon, spp.), White-top Sedge (Dichromena colorata), Red Root (Lachnanthese caroliniana), Wire Grass, Maidencane (Panicum heritomon). Wetland Habitat The site proposed for development contains 22.03 acres of wetlands. The Developer's are proposing to preserve/conserve 100% of the wetlands located on the site being proposed for preservation/ conservation. Upland Habitat The St. Lucie County Land Development Code requires that a minimum upland buffer be provided along the perimeter of any preserved or created wetland habitat. This buffer is to be a minimum 10 feet in width, subject to more stringent standards as may be required by the state or federal permitting agencies. The applicants have indicated a minimum 10-foot upland buffer surrounding the preserved wetlands. This buffer through the site design of the project often exceeds the proposed minimum buffer of 10 feet. On this site, the Developer proposes to preserve approximately 4.41 acres in upland preserve around the wetlands, this equates to 7% of the entire site in upland habitat. .... -...I Subject: Pine Summit Major Site Plan MJSP-01,004 September 11, 2001 Page 7 The developer has further proposed to have 20.49 acres of the site retained as common open space. This open space area includes the undisturbed native vegetation areas along the northern, western and southern boundary lines. As well as a number of small interior preserve areas. Combined, both the upland buffer and open space account for 48% of the project site. Gopher Tortoise The Developer's Environmental Impact Report (EIR) indicates that six Gopher Tortoise burrows were found on site. Of these only one burrow was determined to be inactive. The applicant is proposing onsite relocation of the tortoises. This onsite area is located along the southwestern property line. Prior to construction beginning, the Developer shall prepared and submit to the County a specific "Gopher Tortoise Relocation Plan" which shall include the following criteria: a. The Developer shall prepare and submit a gopher tortoise relocation permit application to the State of Florida. b. The Developer will indicate a location on-site for the relocation of the gopher tortoises. This on site area shall be located within the "Preserved Upland Buffers" . c. Fencing off, for delineation and protection, of all areas of "Undisturbed Native Vegetation". These areas shall not be disturbed as part of the general land clearing activities. d. Upon completion of the fencing of the "Undisturbed Native Vegetation", the Developer's representative and County Staff shall conduct a field visit to determine if any gopher tortoises are located within the area of proposed construction activity. If active burrows are located, the Developer shall relocate any gopher tortoises found in the area to the approved onsite relocation area. COMMENTS Preferred Properties of St. Lucie, LLC, has applied for Major Site Plan approval for the project to be known as Pine Summit Apartments. This project is to be a 320-unit apartment complex, located on a 64-acre parcel of land, north/northwest of the intersection of Prima Vista Boulevard and Lennard Road Extension, just south of the Vista St. Lucie residential project. The subject property is located in the RM-5 (Residential, Multiple-Family - 5 du/acre) Zoning District. The applicant is proposing a density of 5 du/acre, which is consistent with the maximum permitted within the RM-5 (Residential, Multiple-Family - 5 du/acre) Zoning District. A summary of the proposed project is as follows: September 11, 2001 Page 8 '-' S~ect: Pine Summit Major Site Plan MJSP,01-004 1 Bedroom 68 320 Total Units 2 Bedroom 168 3 Bedroom 84 3,331 square foot clubhouse with a swimming pool and spa located at the project entrance; 1,234 square foot cabana with a Recreational Component swimming pool and spa located in the southwestern portion of the site; a tot lot with a grass ball field and playground equipment; an exercise trail around Lake #1; and two lighted tennis courts located alonq the northeastern property line. Wetlands (Preserved) 22.03 acres Preservation Wetland Buffer Area 4.41 acres Landscape/Open Space 20.49 acres Attached is a copy of Draft Resolution 01-133, which, if approved, would grant this request for Major Site Plan approval, subject to the following conditions: 1. Prior to the issuance of any Land Clearing Permits for the Pine Summit Site, the developers shall clearly delineate all areas to be preserved and/or protected. Delineation shall be by either silt fencing, safety fencing or similar type of materials. All land clearing activities shall be in accordance to the specific conditions/standards outlined in the Land Clearing Permit. 2. The proposed wetland mitigation/preservation area depicted on the project site plan is recognized as conceptual in nature and subject to Federal and State agency approval. If any agency approvals are not obtained or if an alternative plan is found to be more appropriate, the project mitigation plan depicted in the site plan submittal shall be amended accordingly. 3. Prior to commencement of any land clearing activities, the developer shall have obtained from the appropriate permitting authorities all necessary permits and approvals to provide for the relocation of all gopher tortoises as identified in the approved Gopher Tortoise Relocation program. Prior to any land clearing, the developer shall: a. Fence off, for delineation and protection, all areas of "Undisturbed Native Vegetation". These areas shall not be disturbed as part of the general land clearing activities. b. Upon completion of the fencing of the "Undisturbed Native Vegetation", the Developer's representative and County Staff shall conduct a field visit to determine if any gopher tortoises are located within the area of proposed construction activity. c. If active burrows are located, the Developer shall relocate any gopher tortoises found in the area to the approved onsite relocation area. 4. Prior to the issuance of any Building Permits, the developer shall convey to St. Lucie County the right-of-way for Lennard Road as depicted on the project site plan. All conveyances shall be in a manner and form acceptable to St. Lucie County. '-' 'wi Subject: Pine Summit Major Site Plan MJSP-01-004 4 September 11, 2001 Page 9 5. Prior to the issuance of any building permits for any portion of this site, contracts shall have been let for the construction of Prima Vista Boulevard from US #1 to east of the intersection of the project entrance. No certificates of occupancy shall be issued until this roadway has been completed and accepted by St. Lucie County. 6. Prior to the issuance of a Certificate of Occupancy (CO) for any portion of the Pine Summit Apartments, the developer of the project shall provide, or cause to provide to the MSBU improvement project for Prima Vista Boulevard, a right and left turn lane at the project entrance. 7. Prior to the issuance of the first Certificate of Occupancy (CO) for the first apartmenVresidential building or structure, the developer shall provide a concrete sidewalk, having a minimum width of ten (10) feet, along the north side of Prima Vista Boulevard, from the eastern project limits to the intersection of the Prima Vista Crossings Entrance. f 8. As part of the platting for this project, the developer shall establish through specific Plat Dedications the area to be set aside for gopher tortoise relocation. 9. As part of the Platting of this property, the referenced Tracts B, C and E on the proiect site plan shall be recognized as non-buildable parcels unless and until they ¡me combined with or added to a parcel of land that otherwise meets all applicable ZOfH(! requirements, including but not limited to road frontage. 10. As part of the Platting of this property, all conservation easements and environment',J dedications shall include St. Lucie County as a signatory or entity that must approve anv release, in part or total, of any portion of any conservation easement or dedication. Staff recommends approval of Draft Resolution 01-133. If you have any questions, please let us know. DJM/cs H:/wplprojects/pine summitlagendalbccmemo. Inl cc: County Administrator Ass!. County Administrator County Attorney Public Works Director County Engineer Fire Marshall Butch Terpening, Culpepper & Terpening, Inc. 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 47 '-' -' . RESOLUTION 01-133 FILE NO.: MJSP-01-004 A RESOLUTION GRANTING MAJOR SITE PLAN APPROVAL FOR THE PROJECT TO BE KNOWN AS PINE SUMMIT APARTMENTS IN THE RM-5 (RESIDENTIAL, MULTIPLE-FAMilY - 5 DUI ACRE) ZONING DISTRICT FOR PROPERTY lOCATED IN ST. lUCIE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of 9t. LucieqÖunty, Flori~a., based on the testimony and evidence, including but not limited to thªstaff report, has made the following determinations: . 1. Preferred Properties of St. _Lucie. LLC, pre~~nted Approval to allow a 320-unit apartment co lex to Apartments on 64.00 acres of land in the. t quad and Lennard Road, just south of the . re (Residential, Multiple-Family - 5 du( Part B below. .ion for Major Site Plan own as Pine Summit otPrima Vista Boulevard tial project, in the RM-5 the property described in 2. d the site plan for the proposed ents and to be consistent with the mprehensive Plan, subject to certain 3. The propø$ø~<project is~~~i~lrnt with the general purpose, goals, objectives and standards ofthe~t. Lucie:,~~~!,,!~Land Development Code, the St. Lucie County ComprehensivePlahand the'q~øeof Ordinances of St. Lucie County. 4. With thé conditions pursuant to this Resolution, the proposed project will not haveán undue adve. . t on adjacent property, the character of the neighborhood, traffic conditions, parl<ing, utility facilities, or other matters affecting the public health, safety and general welfare. 5. All reasonable. steps have been tal<en to minimize any adverse effect on the proposed project 011 the immediate vicinity through building design, site design including upland andwétlahd buffers, landscaping and screening. 6. With the conditions imposed in Part A of this Resolution, the proposed project will be constructed, arranged and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. 7. The City of Port St. Lucie will provide water and sewer service to the proposed project . 8. The applicant has demonstrated that water supply, evacuation facilities and emergency access are satisfactory to provide adequate fire protection. File No.: MJSP-01-004 September 11, 2001 Resolution 01-133 Page 1 1 2 3 4 5 6 7 8 9 IO 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 47 48 49 50 51 52 53 54 55 56 '-' '-' . 9. A Certificate of Capacity, a copy of which is attached to this resolution, was granted by the Community Development Director on September 11, 2001. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: Pursuant to Section 11.02.05 of the St. Lucie County Land Development Code, the site plan for the project to be known as Pine Summit Apartments, is hereby approved as depicted on the site plan drawings for the project prepared by Culpepper & Terpening, Inc., dated 6/1/01, last revised 8/16/01, and date stamped received by the St. Lucie County Community Development Director on 8/17/01, for the property described in Section ß, subject to the following conditions: 1. Prior to the issuance of any Land Clearing Permits for the Pine Summit Site,the developers shall clearly delineate all areas to be preserved and/or protected. Delineation shall be by either silt fencing, safety fencing or similar type of materials. All land clearing activities shall be in accordance to the specific conditiønslstandards outlined in the Land Clearing Permit. . 2. The proposed wetland mitigalion/preservatiqO'~~~ depictedqhthe project site plan is recognized as conceptual in nature and deral and$tate agency approval. If any agency approvals are not obt . ..... ........ . t~rn~tive plãnls found to be more appropriate, the project mitigation deJ:l¡~~j'I'¡'~!:Isit¡;¡; plan submittal shall be amended accordingly.'" . . 3. Prior to commencement of from the appropriate pe for the relocation of all Relocation program. Pri activitie~ the developer shall have obtained II nece§~âry permits and approvals to provide id ed in the ~pproved Gopher Tortoise developer shall: b. pletiohiqfjh;efencing of the "Undisturbed Native Vegetation", the represéOlative and County Staff shall conduct a field visit to y gopher tortoises are located within the area of proposed ¡ty. c. If activePurróws are located, the Developer shall relocate any gopher tortoises found ¡rfthe area to the approved onsite relocation area. Prior to the iSSuance of any Building Permits, the developer shall convey to St. Lucie County tharight-of-way for Lennard Road as depicted on the project site plan. All convey?nces shall be in a manner and form acceptable to St. Lucie County. 5. Prior to the issuance of any building permits for any portion of this site. contracts shall have been let for the construction of Prima Vista Boulevard from US #1 to east of the intersection of the project entrance. No certificates of occupancy shall be issued until this roadway has been completed and accepted by St. Lucie County. 6. Prior to the issuance of a Certificate of Occupancy (CO) for any portion of the Pine Summit Apartments, the developer of the project shall provide, or cause to provide to the MSBU improvement project for Prima Vista Boulevard, a right and left turn lane at the project entrance. File No.: MJSP-01-004 September 11, 2001 Resolution 01-133 Page 2 '-' ...., 1 2 3 4 5 6 7 8 9 10 1 I I2 13 14 15 16 17 18 I9 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 47 48 49 50 51 52 53 7. Prior to the issuance of the first Certificate of Occupancy (CO) for the first apartment/residential building or structure, the developer shall provide a concrete sidewalk, having a minimum width of ten (10) feet, along the north side of Prima Vista Boulevard, from the eastern project limits to the intersection of the Prima Vista Crossings Entrance. 8. As part of the platting for this project, the developer shall establish through specific Plat Dedications the area to be set aside for gopher tortoise relocation. 9. As part of the Platting of this property, the referenced Tracts B, C and E on the project site plan shall be recognized as non-buildable parcels unless and until they are combined with or added to a parcel of land that otherwise meets all applicable zoning requirements, including but not limited to road frontage. 10. As part of the Platting of this property, all conservation easements and envi~qnmental dedications shall include St. Lucie County as a signatory orentity that must ap~t9ve any release, in part or total, of any portion of any consêrvåtion eåsement or dedicajiqî"\; . A. The property on which this Major Site Plan appr()Vá.Li~<being granted is described as follows: DESCRIPTION 36 South, Range 40 Parcel 1 A parcel of land In the Northeas!'¥,of Sec!19" 22, East and being more partlcularlYidescrlbed'as COMMENCING at the Northeast corne 22; thence North 89° 52' 00" West alon9Jhe North,,,J '1~of said S , a distance of 1917.00 feet to the Northe,aslÄôl'ner of ihélJllé$t60.00 f he East % of the Northwest % of the Northeast. id Seðt ~tl¡~~.!l1ence South 00° 10' 54" West along the East line of said We et of the<Easl% of the Northwest % of the Northeast % of said Section 22, a 'of 120;OOføefto the POINT OF BEGINNING; Thence continue South 00° 1o'~4",Wé~!along' ~~id East line, a distance of 700.00 feet; thence South 22° 12' 05" i¡/¡I<dlstance of 160.03 feet to the Northeast corner of the Sout~n356.00 feet 0 'Jy~n;j~éšt % of the Northwest % of the Northeast % of said Sec.~Jøn 22; thence NoÇ1hn89° 50' 24" West along the North line of the South 356.00 f a distance of 4Q"<f.63 feet to the East right-of-way line of U.S. Highway No. 1 Road No. 5) '~ld East right-of-way being a curve concave to the East and g a radius 0832.08 feet, a central angle of 02° 32' 42", a chord distance of 81.37"feet an,d ord bearing of North16° 06' 14" West; thence Northerly along the~rc of ~~id,èurve and said East right-of-way line, a distance of 81.38 feet to the Westerly erid of a Jog In said East right-of-way line; thence North 75° 10' 07" East, a distance of 12.00 feet to the Easterly end of said jog; said Easterly end of said jog being a point of curvature of a curve concave to the East and having a radius of 1820.08 feet, a central angle of 14° 52' 23", a chord distance of 471.14 feet and a chord bearing of North 07° 23' 42" West; thence Northerly along the arc of said curve and said East right-of-way line an arc distance of 472.47 feet to the end of said curve; thence North 00° 02' 30" East along said East right-of-way line, a distance of 299.77 feet to the South line of the North 120.00 feet of the West % of the Northwest % of the Northeast % of said Section 22; thence South 89° 52' 00" File No.: MJSP-01-004 September 11, 2001 Resolution 01-133 Page 3 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 47 B. 48 49 50 51 ,-,. ....., East along said South line, a distance of 628.71 feet to the POINT OF BEGINNING. The above described parcel contains 11.79 acres, more or less. Parcel 2 A parcel of land, being a part of Section 22, Township 36 South, Range 40 East and being more particularly described as follows: COMMENCING at the Northeast corner of said Section 22; thence South 00° 08' 00" West along the East line of said Section 22, a distance of 2921.03 feet to the POINT OF BEGINNING of the parcel herein described; thence North<89°51' 00" West, a distance of 1134.90 feet; thence North 27° 32' 30" West¡parallerwiththe East right- of-way of U.S. Highway No.1 (State Road No.5), atc;listance of 615.02Ieet; thence North 89° 52' 00" West, a distance of 58.36 feet; thence North 00° 10' 54" East, a distance of 300.00 feet; thence North 89° 52' OO"West, a distance of 99.23,feet; thence North 27° 32' 30" West, parallel with said East right-of-way line of U.S. Highway No.1, a distance of 109.35 feet; thence North <Q9° 52' 00" West, a distance of 350.00 feet to the intersection of the said Eastl'i9l'lto.C)f.Way line of said U.S. Highway No.1 and the West line of the East 3/4 º,(theNprtI'lÊtlist 14 of said Section 22; thence North 00° 10' 54" East along saldst line,6ud' of 729.90 feet; thence North 89° 50' 24" West parallel wit!1'I line oft hwest 14 of the Northeast 14 of said Section 22, a dlsta . . t; th North 00° 10' 54" East parallel with the East line of t t 14 of the Northeast 14 of said Section 22, a distance .... rth 89° 50' 24" West parallel with said South line, a dis ce of .64 fei.fÆtô;å point on the East right- of-way of said U.S. HighwaY'!fIIQ. 1, s East right-of-way line being a curve concave to the East, having ar'li\dlus 0 2.08 f~tt, a central angle of 03° 18' 43", a chord distance of 105.89 feêt andl'ing of North 19° 01' 57" West; thence Northerly along tlîe a~.è of sai said East right-of-way line an arc distanc.e~f1º5.90 fe~!U~~th orth I South 356.00 feet of the West ¥2 of the Northwest 14 of thðU'uNO st 14 0 aid Section 22; thence South 89° 50' 24" East alon rth linê¡.a ce of 494.63 feet to the Northeast corner of the South 356. .' of the wesl./the Northwest 14 of the Northeast 14 of said Section 22; thence North 22° 12'05" East, a distance of 160.03 feet; thence South 44° 52' 00" Eást, a distance of 484.74 feet to the South line of the North 1162.76 feet of/said Section 22;Uthence South 89° 52' 00" East along said South line, a distance of 278.00 feet; thence South 00° 08' 00" West, a distance of 117.00 feet; thence South 89° 52' 00" East, a distance of 270.00 feet; thence North 00° 08' 00" East, a distance of 117.00 feet; thence South 89" 52' 00" East along said South line, a distance 011026.93 feet to the East line of said Section 22; thence South 00° 08' 00" Westlilong said East line, a distance of 1758.27 feet to the POINT OF BEGINNING. The above described parcel contains 69.25 acres, more or less. (Location: Northwest quadrant of Prima Vista Boulevard and Lennard Road, Just south of the Vista St. Lucie Subdivision) This site plan approval shall expire on September 11, 2003, unless a building permit is issued or an extension is granted in accordance with Section 11.02.06(B)(3), St. Lucie County Land Development Code. The issuance of a building permit for a principal portion of this site plan (one or more apartment buildings) and the completion of that permitted building or buildings consistent with the requirements of Section File No.: MJSP-01-004 September 11, 2001 Resolution 01-133 Page 4 1 2 3 4 5 6 7 8 9 IO 11 12 I3 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 47 48 49 '-" -...I i 11.05.01 (a)(2), St. Lucie County Land Development Code, shall maintain the right to continue with the construction of the development beyond the indicated expiration date. C. The Major Site Plan approval granted under this Resolution is specifically conditioned to the requirement that the petitioner, Preferred Properties of S1. Lucie, LLC, including any successors in interest, shall obtain all necessary development permits and construction authorizations form the appropriate State and Federal regulatory authorities, including but not limited to: the United States Army Corp of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, prior to the issuance of any local building permits of authorizations to commence development activities on the property described in Part B. 4 D. A Certificate of Capacity, a copy of which is attaçþød to this resolutiôr1,vvª-$g(anted by the Community Development Director on SepterIi.børl1, 2003, which certificate shall remain valid for the period of Site Plan approv~I¡§~?uld the Site Plan approval granted by this resolution expire or an exte?~iôn~~!~?Hght pursuant to Section 11.07.05(F) of the S1. Lucie County Land Davelopm~~t;Rode, a' new- certificate of capacity shall be required. . E. 4 A copy of this resolution shall be attaç which plan shall be placed on file ~r Director. After motion and second, the vote n dr,ªwings described in Part A, ., Community Development esolutibn was as follows: Chairman Frannie·Hutchinson xxx Vice-:.Ch~irman Doug C-oward Commissioner John Bruhn Commissioner Paula Lewis Commissione Barnes xxx xxx xxx xxx PAS&~J:)~ND DULY AÐOPTED this 11 th day of September 2001. File No.: MJSP-01-004 September 11 . 2001 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman Resolution 01-133 Page 5 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 47 48 49 50 'w' ATTEST Deputy Clerk os H:\projects\Pine Summit\Agenda\Resolution01 133 File No.: MJSP-01-004 September 11, 2001 ...".¡ , APPROVED AS TO FORM AND CORRECTNESS County Attorney . Resolution 01-133 Page 6 '" /7' '-" ....I ITEM NO. R-8 DATE: September 11, 2001 REGULAR [ X ] PUBLIC HEARING [ ] CONSENT[ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Airport Paul Phillips SUBJECT: Approve $25,000 from Airport reserves for HNTB to analyze the proposed radar system options at St. Lucie County International Airport. This report will provide guidance as to the most appropriate action to provi~e low level radar coverage at the Airport. The report will be presented to the Board in December. AGENDA REQUEST BACKGROUND: please see attached staff report FUNDS AVAILABLE IN ACCT#: Funds will be made available from Airport Reserves to Airport Improvements Other than Buildings. (140-4210-563005- TBD). PREVIOUS ACTION: n/a RECOMMENDATION: Staff recommends that the Board approve $25,000 for HNTB to analyze the proposed radar system options at St. Lucie County International Airport. This report will provide guidance as to the most appropriate action to provide low level radar coverage at the Airport. The report will be presented to the Board in December. COMMISSION ACTION: [~APPROVED [ ]DENIED [ ] OTHER: 5-0 Purchasing Other: .~ OMB Other: if applicable) '" '-" '-' STAFF REPORT from St. Lucie County International Airport To: Board of County Commissioners nil/) Paul A. Phillips, Airport Director~ September, 6,2001 Airport Radar System From: Date: Subject: As you know, the Federal Aviation Administration (FAA) operates the Air Traffic Control Tower (ATCT) at St. Lucie County International Airport. Currently, there is no low level radar coverage on the Treasure Coast. As a result, this report depicts the options available to the Airport to provide an additional level of safety. Federal Aviation Administration (FAA) ASR-ll Radar System As you may recall, the Airport is pursuing the installation ofF AA radar service that will serve both 8t. Lucie County International Airport and Vero Beach Municipal Airport. Radar service will unquestionably enhance the safety margin at these two airports and in the entire region. As you know, the City of V ero Beach and 8t. Lucie County officials are collaborating as partners in pursuit of funding for the radar to underscore the urgency and importance ofthis initiative. It is the single, most important aviation project that can be advanced on behalf of pilots, controllers and in the interest of aviation safety in the region. Both airports rank among the busiest general aviation airports in Florida and warrant improved radar coverage. The two airports combined have more than 400,000 annual operations. In two years, 8t. Lucie County's Airport has increased 30%, to more than 174,000 annual operations in 2000 and it is anticipated that traffic will reach more than 190,000 annual operations in 2001. Vero Beach Airport traffic has grown from 180,000 to 240,000 annual operations in recent years. To date, the Federal Aviation Administration (FAA) has determined that there is documented need for an ASR-ll Radar installation in the Treasure Coast. The radar will serve the St. Lucie County International Airport, Vero Beach Municipal Airport, and other airports in the region. There is currently no radar at either of these busy general aviation airports. The ASR-l1 will, for the first time, provide low altitude radar services and fill an existing gap in coverage at these two airports. Both Airport have FAA towers, staffed by FAA controllers. The FAA fully supports the project, and has included it among its priorities for resources in conjunction the FAA FY 2002 budget ;;- '-' -...I request. Considerable preliminary work has already been completed. Site work has been completed, a site has been selected and an environmental review is currently underway. There are no known acquisition or environmental impediments to the project. The radar will be located about equally distanced from both the St. Lucie Airport and the Vero Beach Airport. If the radar project is funded in FY 2002, it is anticipated that installation and commissioning can be completed during FY 2004. Due to the communities lobbying efforts, the FAA has just completed a review and realignment of the ASR -11 priority list and reduced the 2002 funding request from 24 locations to 15 locations. The new list includes the $6.5 million funding request for the Vero Beach Radar site in it's 2002 funding priority. However, this is only the first step in the lengthy appropriations process. House/Senate conference action to resolve differences between the House and Senate versions of the legislation will probably occur during September, so that the measure can be passed and sent to the President for his signature by October 1, the beginning of fiscal year FY 2002. , "Airport Owned" Surveillance Radar System As the development of the FAA's ASR-11 and the accompanying software system, Standard Terminal Automation Replacement System (STARS) is having technical problems that will probably pose a major risk to timely FAA deployment of this radar system, Airport staff has been investigating the possibility of installing "airport owned" surveillance radar as a low cost interim radar system for tracking aircraft operations. Surveillance radar is commercially available from several vendors. The acquisition of this equipment will provide radar coverage similar to that available from the FAA. However, this equipment is not FAA certified and cannot be used for the control or separation of aircraft by FAA controllers as is the case in radar supplied control towers, but rather as a visual aid (an "extension of the eye"). These commercially available radar systems provide the capability to receive on site radar data that will enhance the tower controller's job and certainly enhance pilot safety. There are two types of surveillance radar systems available. The most inexpensive type is the multilateration radar system. Multilateration requires the placement of several small ground antennas that receive and decode signals transmitted by aircraft radar beacon transponders. It time stamps each signal as it is received at several different sites and then determines the location of the source of the signals using a triangulation technique known as multilateration. These signals are communicated to the central workstation which processes the data and displays aircraft information and data in real time on a computer terminal. The multilateration system provides line of sight coverage and would not be a benefit outside the St. Lucie County Airport airspace. The other type of surveillance radar system available is the Secondary Surveillance Radar (SSR) System. SSR requires the placement of a large antenna, pedestal and tower. The antenna rotates and provides traditional secondary surveillance radar coverage. The antenna transmits aircraft data to the central workstation for display on a computer terminal. The SSR provides wide area radar coverage and could be used outside of the Airport's immediate airspace. These radar systems are commercially available from about $300,000 to over $1,000,000. Because -;. ~ -.", this radar system is available from several vendors a Request for Proposal should be developed once funding sources can be identified. Aviation funds from the Florida Department of Transportation (FDOT) could be used toward the acquisition of the radar. The FDOT will fund up to 80% of the proposed project cost with the 20% balance as a local match requirement. However, the FDOT Aviation work program is a five year planning document. Each of the projects listed in the work program have been scheduled for several years. To use current vear FDOT aviation funds. a proiect or a portion of a project scheduled for current vear funding must be delaved. Since the Airport's priority for several years has been on the economic development element, the majority of fiscal year 2001/2002 programmed funds are scheduled for the Industrial Park West development. As you can,see from the following chart there are few discretionary funds available in the current fiscal year 'for the purchase of the radar system. Since this is not an FAA certified radar system, only FDOT funds can be used for this project. Fiscal Year 2001/2002 FDOT Aviation Funds Project FAA funds FDOT funds Local funds Project Total Industrial Park Development $0 $550,000 $550,000 $1,100,000 Install Safety Fencing $0 $204,000 $51,000 $255,000 Drainage Improvements $0 $80,000 $20,000 $100,000 Part 150 Update $142,200 $7,900 $7,900 $158,000 Parallel R W EA $150,000 $63,500 $63,500 $277,000 RW 14/32 rehab $250,000 $13,888 $13,888 277,776 Another funding option available for the radar system could be a legislative request to the State Legislature to assist with the funding. Due to the special circumstances involved with the lack of low level radar coverage on the Treasure Coast, the funding of the radar by the Legislature would provide benefits to the entire region. . NEXT STEP However, before staff can recommend a particular radar system, several outstanding issues must be resolved. One of the issues deals with the fact that the air traffic control tower (ATe) is a FAA facility. The FAA owns the facility and operates the facility \'lith FAA air traffic controllers. Since the interim radar system to be purchased by the Airport is not certified by the FAA, the issue of whether the FAA will allow the system to be installed in their facility and whether the FAA will allow their controllers to use the system is still uncertain. \.I '.I Additionally, since the FAA has spent a considerable amount of time and effort towards the development of the ASR -11, the issue exist as to whether the purchase of an interim radar system will jeopardize the installation of the ASR-ll on the Treasure Coast. The ASR-I 1 is integral to provide low level radar coverage to all the Ah:ports on the Treasure Coast. The proposed interim radar system will provide coverage to only St. Lucie County Airport and not to the other Airports on the Treasure Coast. Lastly, because of the significant cost differences of the different interim radar system options, a question of quality, coverage, reliability, and ease of use exists. Additionally, due to the technical nature of the different systems, an independent third party evaluation of the system is needed. A technical expert is needed to prepare an evaluation of the different radar systems to insure that if the Airport purchases an interim radar system, the FAA will allow the system to be used by their controllers. As a result, staff recotnrÌ1ends that the Board approve $25,000 for HNTB to analyze the proposed radar system options at St. Lucie County International Airport. This report will provide guidance as to the most appropriate action to provide low level radar coverage at the Airport. The report will be presented to the Board in December. If you have any questions or require any additional information, please do not hesitate to contact me. cc: Douglas M. Anderson, County Administrator Mayor William Thiess, Town of St. Lucie Village Alderman, Town of St. Lucie Village Robert Bradshaw, Assistant County Administrator Dan McIntyre, County Attorney \/ '-" AGENDA REQUEST ITEM~O. q DATE: September 11, 2001 REGULAR [XX] PUBLIC HEARING [] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 01-102 - Purchasing Manual Revision BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board adopt Resolution No. 01-102 and authorize the Chairman to sign the Resolution. COMMISSION ACTION: [x] APPROVED [] DENIED [ ] OTHER: 5-0 CONCURRENCE: ~ ¡. ouglas Anderson County Administrator County Attorney: )1. . " , Review and Approvals Management & Budget Purchasing: Originating Dept. Purchasing Mgr. : Public Works Dir.: Finance: (Check for Copy only. if applicable) Eff. 5/96 '-" "-.J INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. 01-2096 DATE: August 31, 2001 SUBJECT: Resolution No. 01-102 - Purchasing Manual Revision ----------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- BACKGROUND: Attached is a copy of Resolution No. 01-102 amending the Purchasing Manual. As proposed, the Resolution provides for the following: ~ a procedure to debar vendors ~ asset capitalization guidelines including modular furniture, hardware costs, computer software costs RECOMMENDATION/CONCLUSION: Staff recommends that the Board adopt Resolution No. 01-102 and authorize the Chairman to sign the Resolution. DSM/caf Attachment '-' -...I RESOLUTION NO. 01-102 A RESOLUTION AMENDING THE ST. LUCIE COUNTY MANUAL OF PURCHASING REGULATIONS BY CREATING SECTION 7.9 (AUTHORIZATION TO DEBAR VENDOR); SECTION 18.6 (ASSET CAPITALIZATION GUIDELINES); SECTION 18.8 (HARDWARE COSTS); SECTION 19.1 (SOFTW ARE COSTS); MAKING CERTAIN EDITORIAL CHANGES FOR CLARIFICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 7, 1985, the Board of County Commissioners for St. Lucie County (the "Board") adopted Resolution No. 85-212 which established the purchasing regulations and procedures for St. Lucie County, Florida as set forth in the St. Lucie County Manual of Purchasing Regulations and Procedures (the "Purchasing Manual") and since that date, the Purchasing Manual has been amended from time to time, most recently by Resolution No. 01-26; and, WHEREAS, in order to protect the interest of St. Lucie County, it is necessary to establish a procedure for the debarment of vendors and to establish asset capitalization guidelines; and, WHEREAS, it is also necessary to amend the Purchasing Manual to make certain editorial clarifications. NOW, THEREFORE, be it resolved by the Board of County Commissioners of St. Lucie County, Florida: 1. The St. Lucie County Manual of Purchasing Regulations and Procedures is hereby '-' -...I amended as shown in the attached Exhibit" A". 2. This resolution shall become effective upon adoption. PASSED AND DULY ADOPTED this day of September, 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: BY: COUNTY ATTORNEY '-" ...., SECTION 7 - VENDOR SELECTION 7.9 Authorization to Debar Vendor The following is the procedure for the debarment of vendors. For the purposes of this procedure. Debarment means that a vendor is prohibited from submitting bids or proposals to perform work for St. Lucie County. .&. Cause for Debarment. The causes for Debarment include: 1 Entry of a plea of guilty. no contest or nolo contendre to or conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract. or in performance of such contract. £. Entry of a plea of guilty no contest or nolo contendre or conviction under state or federal statutes of embezzlement. theft. forgery. bribery. falsification or destruction of records. or receiving stolen property. or any other offense indicating lack of business integrity of business honesty which currently. seriously. and directly affects responsibility as a County contractor. ~ Entry of a plea of guilty. no contest or nolo contendre or conviction under state or federal anti-trust statutes rising out of submission of bids or proposals. 4. Violation of provisions of contracts with County. as set forth below. which is regarded by the Purchasing Director as cause for Debarment: (g} Deliberate failure without good cause to perform in accordance with specifications or within the time limits provided in the contract; or. '-' .-.J (b) A record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts within the previous three (3) years; provided that failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor shall not be considered to be a basis for Debarment. 5. Refusal to enter into a contract with the County by failing to provide bonds. insurance. or other required certificates within the time periods as specified in bid/RFP response. 6. Refusal to accept a purchase order, agreement or contract, or to perform thereon, provided such order was issued timely and in conformance with the offer received. 7. Presence of principals or corporate officers in the business or concern who were principals within another business at the time when the other business was suspended within the last three (3) years under the provisions of this section. 8. Violation of the ethical standards set forth in state law. 9. Providing anything of value including but not limited to. a gift. loan. reward. promise of future employment. favor or service to any employee to influence the award of contract or purchase of items from a contract. 10. Any other cause the Purchasing Director determines to be so serious and compelling as to affect the credibility as a County vendor. including debarment by another government entity for any cause listed in this section. .!!... Recommended Decision. The Purchasing Director shall issue a notice letter which advises a vendor that a recommendation will be made to the County Administrator to debar. The notice shall state the reasons for the action taken and inform the vendor of its rights to an administrative review. C. Hearing Procedure. 1. Right to Request a Hearing: Any person dissatisfied or aggrieved with the notification of the Purchasing Director's determination regarding a Debarment must. within ten (10) calendar days of such notification. appeal the determination in accordance with the hearing procedures contained in this section. '-" ...I 2. Hearing Date: Upon receipt of the request for hearing the County Administrator shall appoint a Hearing Officer at which time the person shall be given the opportunity to demonstrate why the recommendation of the Purchasing Director should be denied. All parties shall be given prior notice of the hearing. -ª.. Decision: The Hearing Officer shall render a written decision within thirty (30) days of the hearing. Any decision to debar a contractor shall be in effect for a period not to exceed three (3) years. ~ Appeals. An aggrieved party may appeal the decision of the hearing officer to the Board of County Commissioners. Such appeal shall be a hearing de novo. An appeal shall be filed within thirty (30) days of the execution of the written decision by the hearing officer. The Board's decision to debar a person or business shall be filed within thirty (30) days of the execution of the written decision by the hearing officer. The Board's decision to debar a person or business shall be final and conclusive unless the debarred person files a timely appeal of the Board's decision pursuant to the Florida Rules of Appellate Procedure. E. Reinstatement. A person or corporation may be reinstated to do business with the County under the following conditions: 1 Discovery of new and material evidence not previously available. 2. Dismissal of indictment or reversal of condition. -ª.. Bonafide change in ownership or management sufficient to justify a finding of present responsibility. The request for reinstatement shall be forwarded in writing to the Purchasing Director. The County Administrator shall determine whether to reinstate based on written submission of evidence to the above referenced office without further hearing. Upon consideration of the written submission and any recommendation from the Purchasing Director. the County Administrator shall render the decision in writing within thirty (30) days from the receipt of a recommendation from the Purchasing Director. The decision of the County Administrator may be appealed to the Board of County Commissioners as provided in Section 7.9 D. 7.910. Requests for Qualifications The Board may authorize the issuance of Requests for Qualifications (RFQ's) to select firms or businesses which are qualified to provide goods, equipment, or services based on qualifications as are approved by the Board. Responses to RFQ's shall be evaluated by the Board or the Board may authorize the County Administrator to appoint a selection committee to make a recommendation to the Board. Upon the selection of qualified firms, the Board may '-" ...I t (1) enter directly into contract negotiations with the firm or firms determined to be qualified which may include simultaneous negotiations with two or more qualified firms or (2) issue Requests for Bids or Requests for Proposals as previously described in this Chapter. Contract negotiations may be delegated by the Board to the County Administrator or his designees. Professional services regulated by the Consultants Competitive Negotiation Act, Section 287.055, Florida Statutes, (the "CCNA") may be acquired through RFQ's provided that the requirements of the CCNA are met as described in Chapter 10 of this Manual. 7.MH. Procurement Procedures for State or Federally Funded Grant Programs . The Board recognizes that certain procurement procedures for state or federally funded grant programs may, from time to time, conflict with standard St. Lucie County procedures. The County Administrator, therefore, is authorized to modify County procurement procedures in order to comply with procurement procedures for state or federally funded grant programs provided that no modification may be less stringent than the corresponding County procedure unless approved by the Board. The County Purchasing Director shall maintain a list of state or federal procedures which have been administratively approved by the County Administrator. « '-' ....I · 18.6 Asset Capitalization Guidelines These guidelines are being provided to assist management when making the determination between which asset related expenditures are/are not recommended to be capitalized in accordance with governing laws rules and regulations. The following guidelines. except where noted. apply equally to both Governmental Funds (funds that start with the #001.1. 2. 3 or 6) and Proprietary Funds (funds that start with the #4 or 5). Definitions are provided as needed. A. New Assets - Consistent with the threshold limit set forth in Chapter 274.02(1) F.S. and addressed in Section 18.1 of this Purchasing Manual. costs of $750.00 or more incurred to acquire assets or to make assets ready for their intended use should be capitalized. · · II Additions - Non-transitory additions to previously capitalized assets that meet the capitalization requirements of 18.6 (A) above. should be capitalized as add-on's to the existing asset /propertv record. However. transitory additions to previously capitalized assets that meet the capitalization requirements of 18.6(A) above. should be capitalized as a separate asset/property record. C. Replacements - The cost to replace an entire asset in a Proprietary Fund should be capitalized if it meets the capitalization requirements of 18.6( A) above. old costs are removed and new costs are capitalized. The replacement cost of add-on's or ma ¡or components. for Proprietary Funds. are recommended for capitalization if they meet the capitalization requirements above and at least one of the following criteria: 1 Extend the useful life of an asset 2. Increase the quantity of services provided by an asset 3. Increase the quality of services provided by an asset. Two methods are recommended to recognize these costs: 1 Substitution Method - remove the old costs and associated accumulated depreciation and replace with the new. £, Capitalization of New Cost Method - The new costs are capitalized to the original asset account without removing the old costs. This method may be appropriate when it is reasonable to assume that the original cost has been reduced to an insignificant amount through depreciation charges. In practice. this method is used when original component costs are indeterminable. ~ """'" · The cost to replace an entire asset in a Governmental Fund should be capitalized if it meets the capitalization requirements above. old costs are removed and new costs are capitalized. However. replacement costs for add-on's or major components should be treated as non- capital expenditures. unless the costs significantly impacts the carrying value of the asset. In this case. remove the old cost associated with the add-on or major component being replaced and capitalize the new cost provided the new cost meets the capitalization requirements above. .Q., Repairs & Maintenance - Costs that are associated with repairs and maintenance (i.e.. lubrication. cleaning. replacement of minor parts. painting. etc.) are not recommended for capitalization. However. major repairs that provide additional service benefits for future periods are recommended for capitalization in Proprietary Funds. if they meet the capitalization requirements of 18.6 (A) above. · · E. OVERVIEW OF CAPITAUZATION GUIDEUNES: Govt. Fund Accts. Proprietary Fund Accts. 56XXXX New Asset Costs (If $750.00 or more) 56XXXXX 56XXXX Cost of Additions (If $750.00 or more) Perm. - Add-on Non-Perm - Sep. Asset 56XXXX 5XXXXX Non - Cap. # Replacement cost of Add-on or Major Component (If $750.00 or more) 56XXXX 56XXXX Cost to Replacement Asset 56XXXX Note: Acct. #s that start with 56 are capital expenditures. If the 2nd digit is anything other than a 6. the expenditure is non-capital. 18.7 Modular Furniture This section has been added to provide additional guidance as it specifically relates to modular furniture. However. the guidelines established in Section 18.6 (Asset Capitalization) of this Purchasing Manual also apply. '-' ....., . A. In accordance with Auditor General recommendations. it is recommended that modular furniture be capitalized as part of the building when it is management's intent to have it permanently installed. B. When this is not the case. it should be capitalized as equipment and furniture. by individual unit or by lot. 18.8 Hardware Costs Capitalization guidelines are set forth in Section 18.6 (Asset Capitalization) of this Purchasing Manual. A. This section has been added to provide additional guidance as it specifically relates to computer hardware. f COMPUTER HARDWARE CAPITALIZATION: Govt. Fund Accts. Proprietary Fund Accts. 564000 New Equipment (If $750.00 or more) 564000 564000 Cost of Additions/Upgrades (If $750.00 or more) Perm. - Add-on NonPerm - Sep. Asset 564000 551501 Cost of Additions (If Less than $750.00) 551501 551501 Replacement/Upgrade of Add-on or Major Component (If $750.00 or more) 564000 564000 Cost to Replacement Asset 564000 B. Disposition of Computer Hardware - The procedures for the disposition of County property are addressed and should be followed as outlined in Section 18.4 of this Purchasing Manual. '-'" ....", . SECTION 19 - INTANGIBLE ASSETs 19.1 Software Costs These guidelines are being provided to assist management when making the determination between which asset related expenditures are/are not recommended to be capitalized in accordance with governing laws. rules and regulations. The following guidelines apply equally to both Governmental & Proprietary Funds except where noted. A. New Assets - Consistent with the threshold limit set forth in Section 274.02(1). F.S.. costs of $750.00 or more incurred to acquire assets (not internally developed) or to make an asset ready for its intended use should be capitalized. B. Upgrades - Upgrades to existing software that meet the capitalization requirements of 19.1(1) above should also be capitalized. Remove old costs and capitalize new. If old remains in use. capitalize new costs separately. . C. This section has been added to provide additional guidance as it specifically relates to computer software capitalization. SOFTW ARE CAPITALIZATION: Govt. Fund Accts. Proprietary Fund Accts. 564000 Original Software if Purchased with PC or System (Aggregate $750.00 or more) 564000 OR 568000 (If Purchased Separately and Value is $750.00 or more) 568000 568000 Add New Software to PC or System (Capitalize if $750.00 or more) 568000 OR 551501 (Expense if under $750.00) 551501 568000 '-" Upgrades to Software ($750.00 or more) ..,I 568000 . '-' ...., \, CONSENT ITEMS ........... ~ ~ ~ . Board of County Commissioners Meeting !o.. j 09/07/01 FZABWARR ! FUND 001 001130 001259 101 101001 102 102001 105 107 115 118 140 140001 145815 160 183 183001 183002 183211 186 262 "').....1. 316 362 389 390 401 418 451 461 471 491 501 505 510 611 615 625 677 678 679 692 693 '\. \w- . ST. LUCIE COUNTY - BOARD DATA 'wII WARRANT LIST #49- 01-SEP-2001 TO 07-SEP-2001 FUND SUMMARY TITLE General Fund TC Community Action Agency FYOO/01 Emergency Mgmt. Prep & Asst. FY 00/ Transportation Trust Fund Transportation Trust Inter10cals Unincorporated Services Fund Drainage Maintenance MSTU Library Special Grants Fund Fine & Forfeiture Fund Sheraton Plaza Fund Paradise Park Fund Port & Airport Fund Port Fund SFWMD IRL 2001 License Plate Grant Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.-County Arbitration/Mediat Civil Traffic Infraction officer st Recycling Operating Fund Tourism Dev 4th Cent I&S Fund So. County Regional Stadium Communication System Fund County Capital Sports Complex Improv Fund Rouse Road MSBU Capital Treasure Cove/Ocean Harbor S Cap Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund Sports Complex Fund No County Utility District-Operatin Building Code Fund Information Technology Fund Health Insurance Fund Service Garage Fund Tourist Development Trust-Adv Fund Impact Fees Fund Law Library Lost Tree Estates Fund Anita Street MSBU Fund Timberlake Estates MSBU Ideal Holding Road MSBU Westglen MSBU GRAND TOTAL: EXPENSES 123,646.30 919.83 64.20 29,362.44 4,487.75 730.56 30.97 5,873.82 2,773,076.72 450.45 724.52 8,680.96 85.83 2,500.00 70.94 40.88 3.96 275.00 1,620.00 3.17 243,953.37 8,827.83 68.49 17,369.65 458.17 2,566.60 370.20 814,351.56 13,832.92 168.18 2,007.24 285.59 234.09 137,316.81 132.56 7,341.61 3,026.20 39,190.63 6,669.59 1,961.21 2,614.94 10,541.48 7,962.73 12,607.66 4,286,507.61 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 6,532.30 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 . 1 . 6,532.30 'It "-" 09/07/01 ST. LUCIE COUNTY - BOARD DATA FZABWARR "wtI PAGE 1 . AD: 401 - Sanitary Landfill Fund VOID LIST# 49- 01-SEP-2001 TO 07-SEP-2001 CHECK INVOICE VENDOR 00274891 12128132 First Union National Bank Of F 12128132 CHECK TOTAL: FUND TOTAL: TOTAL 231,702.50 580,000.00 811,702.50 811,702.50 4 1 t '-' AGENDA REQUEST IT~ NO.-.llL DATE: September 11,2001 REGULAR [X ] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): Admini5tration Doug Ander50n County Admini5trator SUBJECT: Bi-Weekly Committee Report5 BACKGROUND: At the April 11. 2000 Board of County Commi55ioner5 Meeting it wa5 decided by the Board to place an item on the agenda. on a bi-weekly ba5i5, to give the Board an opportunity to provide update5 on the variou5 Committee5 and Advi50ry Board5 that they 5erve on. It ha5 been decided by the County Admini5trator that thi5 item will be placed on the agenda on the 2nd and 4~h Tue5day of each month. FUNDS AVAILABLE: N/A PREVIOUS ACTION: RECOMMENDATION: Thi5 meeting the Board will provide update5 on the following Committee5 and Advi50ry Board5 that they 5erve on: Committee Chamber of Commerce Board of Dir. Council on Aging Indian River Lagoon NEP Workforce Development Board Land Acqui5ition Selection Committee Law Library Board of Tru5tee5 Trea5ure Coa5t Community Alliance Trea5ure Coa5t Council of Local Gov. Value Adju5tment Board Meetinq Date Monthly La5t Wedne5day Quarterly a5 needed A5 needed Monthly A5 needed Monthly Monthly A5 needed Touri5t Development Council Lake Okeechobee Coalition Other Committee5: Higher Education Committee Healthy Kid5 COMMISSION ACTION: 10t Wedne5day Quarterly CONCURRENCE: [ ] APPROVED [] DENIED t] OTHER: Reports Given Commi55ioner Hutchin50n Lewi5 Barne5 Bruhn Barne5 Bruhn Hutchin50n Hutchin50n Barne5/Bruhn/ Lewi5 Hutchin50n Bruhn/Barne5 Coward Bruhn Do gla5 Ander50n County Admini5trator ~ '-' AGENDA REQUEST -...I ITEM NO. C-2a DATE: September 11, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): Parks & Recreation PRESENTED BY: Pete Keogh Director, Parks & Recreation SUBJECT: Replacement of Motorola radio PR40-4786. BACKGROUND: While mowing common ground areas at the Lawnwood Baseball Complex, a Parks staff's assigned radio fell off his side and was hit by the mower he was operating, destroying the radio. An insurance claim was filed with McCreary Insurance. The total replacement cost of the radio is $2,249.00. McCreary will reimburse $1000.00 of the total replacement cost and the remaining $1,249.00 will be reimbursed by the County's internal insurance fund. Our department will be purchasing clip-on carrying cases to prevent this type of loss in the future. FUNDS AVAILABLE IN: 001-7210-564000-700 (Parks Capital Equipment) PREVIOUS ACTION: N/A RECOMMENDATION: Staff requests that the Board of County Commissioners approve replacement of Motorola radio PR40-4786, Equipment Request # 01-285 and Budget Amendment # 01-175. COMMISSION ACTION: E: Ie] APPROVED [] DENIED [ ] OTHER: D Anderson County Administrator S t County AttorneY~ Originating Dept: '. , Finance: (Check for Copy only, if Applicable) Coordination si atures Mgt. & Budget: Purchasing Mgr.: Other: Other: Eff. 1/97 H:\WP\agenda motorolla radio replacement Sept. 11, 2001.wpd ST. LUCIE COUNTY LÒŠS REPORT, PROPER"'" J FOR DAMAGE TO YOUR OWN PROPERTY I LOCATION CODE NAME OF COMPNIY I CUENT lOCATlON ST. LUCIE COUNTY I BOCC I PARKS DEPARTMENT ADDRESS 2300 Virginia Avenue LOCATlON OF LOSS Lawnwood Baseball Com DATE OF LOSS 7 12 01 CITY Ft. Pierce IME OF LOSS 2:30 PM ESTIMATE OF LOSS $2,000.00 BUILDINQ AND/OR CONTENTS DETAILS OF LOSS MOTOROLA HAND-HELD RADIO. PR#40-4786 BOILER" MACHINERY DETAILS OF LOSS N/A '1/ / / ( (- ~ / tf'.' 3 2) f -4- / /"' ~ ? ~/~.<.£C-. ~_é.c(>-t·~ /51- 1~ ~D X tfc [, ý' -/7-'. J.'{' ( -=I:F" kr {c {(.'-<- - Q I '.{k" --," fLL-Q- / " ~ 1::::. n (.... t: ....... _Æ~~«-,'~ lc[{"fz r:: ("{----C·tL-_ (~qt l'- qfz..(U; / CARGO N/A NAME OF DRIVER OWNER OF VEHICLE OESCRIPTlON OF 'ÆHICLE . INCLUDE MAKE. MODEL YEAR. SERIAL NO. EMPLOYEE DISHONESTY NI A NAME OF EMPLOYEE > 0... tt...-«--- ./J-t!..&.-- ". UL 1~LN.-~1 ~ENT ç 'ij0?j äfPi,Æ t:!-¡~ 4y;G ';i"~U~^rtLuL jf ¿(.{.<£ ,~ ~ JOBnTLE ROBBERY OR SAFE BURGLARY CULPRIT APPREHENDED - EXPlAIN N/A POUCE AUTHORITY INVOLVED - EXPlAIN ATTACH SUPPORTING MATERIAL - POUCE REPORT - NEWSPAPER ACCOUNT. DETAILS OF CLAIM. ETC. SUMMARY (HOW LOSS OCCURRED AND OÞ.MAGE EXTENT] ATTACH SUPPORTING MATERIAL. ANY AVAlW!LE REPORTS. NEWSPAPER ACCOUNT. PICTURES. REPAIR ESTIMATES OR BILLS. ETC. While mowing common ground areas at the Lawnwood Baseball omplex. Bob Poitier's 7/16/01 c...TE & Recreation Direct assi ed radio fell off his side and was hit b the radio. SAF-4 ImmeQ,ia;e!y after an accident. fill out this form. 'þ s'r. LUCIE COUNrt LOSS REPORT, PROPERTY - /,1.- ~t:'"{) I I LOCAnON CODE ~ Fe. DAMAGE TO YOUR OWN PROPERTY :, .¡ E Of ~rw;y lUEN.T :..OCATlqIf',/ . .;) T It ¿ C (.(".01) ¡rlESS . . I, .:;J3t.)~ ¿Jj¡::,¿', µ '/J . AnON OF L SS 1'-' H lv c· t' j) ¡f ¡: ,C~ ¡;;¡¿ í ~;:ý .2. ESTIMATE OF LO~ .;;)£r-rP "" ¿, BUILDINO AND/OR CONTENTS " 'DETAILS OF LOSS /' C T C¡~ ¡ L ~ . lit ...; [I /) £Lb i?A () ¡'¿; CAROO /vA- . NAME OF DRIYER OWNER OF VEHICU:: :>ESCRIPnON OF VEHICLE· INCLUDE MAKE, MODEL. YEAR SERIAL NO. . ,BOIL.ER & MACHINERY . ~ETAlLS OF LOSS I 1-,: 14 EMPLOYEE DISHONESTY ~A DATE OF EMPLOYMENT ROBBERY OR SAFE BURGLARY /v' A CULPRIT APPREHENDED - EXPLA.IN ·'.'DUCE AUTHORITY INVOLVED - EXPlAIN 1TTAC SUP?ORTlNG MATERIAL - POLICE REPORT - NEWSPAPER ACCOUNT. 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I r '0 IftUTOROLA INVOICE Visit our web site at: www.motorola.com TOTAL I~'CE AMOUNT: MOTOROLA INVOICE NUMBER: INVOICE DATE: PAYMENT OUE: CUSTOMER ACCOUNT NUMBER: PURCHASE ORDER DATE: YOUR PURCHASE ORDER NUMBER: Pac¡e 1 of 1 Communications Ent~rise P.O. Box 905311 Charlotte, NC 28290-531/ $2.249,00 13191032 08/08/2001 09/07/2001 1000743907 0001 08/02/2001 P2113717 BILL TO ST LUCI E COUNTY FLORIDA 2300 VIRGINIA AVE FORT PIERCE, FL 34982 SHIP TO ST LUCI E COUNTY FLORIDA PARKS & RECREATION DEPT GRASS ROOTS ONLY 2300 VIRGINIA AVE FORT PIERCE, FL 34982 For questions concerning this Invoice please contact Motorola at: 1-888-567,7347 00006-00006-00006 Payment Terms: NET 30 DAYS FROM INVOICE DATE Sales Order Number: 1458970160776 Motorola Federal Ta. Id: 36-1115800 Invoice Detail Item Model Number Qty Description Please see reverse side for additional information. Unit Price Amount 1 H01QX MTS2000 PORTABLE SERIES RAOIO MOOEL II WITH 203H 3W 806-870MHZ, H885 ADD: EXPRESS SERVICE PLUS. AND H37 ADD: SMARTNET SYSTEM PACKAGE 2.249.00 2.249.00 2 3 IF YOU HAVE QUESTIONS ON THIS INVOICE PLEASE CONTACT KEVIN BEAN AT 800 637 2268 X4543. THANK YOU. SUBTOTAL ---- Carrier: United Parcel Service ,~.;Ijt æ ¡¡ : í§ ~Œ PAY THIS AMOUNT (PAYMENT DUE: ; ¡ ! í t:.~f¡' I U ~ . ; .? t':,"i(:.;:??_~~~~ 2.249.00 09/07/2001) 2.249.00 - - - - - - - - - - - - - - - - - - - - _ _ _Qfttþ~_h,!!,!:d.!i.:J.I!,I!!r!!!!"Jí~"!.p.-,,!!;!!'!.v'!f¡!Jr.(]!lrY!!Y!J1~nJ._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. 13191032 1000743907 0001 09/07/2001 Payment Coupon fnllOlce Total ¡ Amount Paid INVOICE NUMBER CUSTOMER ACCOUNT NUMBER PAYMENT DUE $2,249.00 Please put your Invoice Number and your Customer Account Number on your check for prompt processing. ST LUCIE COUNTY FLORIDA Send Payment To: 2300 VIRGINIA AVE FORT PIERCE, FL 34982 ® MOTOROLA P.O. Box 905311 Charlotte, NC 28290-5311 0103010901000302 1000743907 0001 0000 080801 0000224900 09 m '-' m c c D D <: m c c ëii 'U ;; ;; » 3: Õ ;;0 3: z -f m m 3: z z m -f :-:' z ;;0 :-:' m D ~ IT1 :r:Q)~ ~ 'U 'U Q) ::! ::t III » 0 :;,Q.:;::.: .., ;;0 <:::> Õ :0;- ..... o..;:ECD a 1/1 " , :r:Q)3 c rn f\.) CD '" 0 Cì Co CD » CJ1 õ::o-::¡: ::0 'C Z ::0 ;:;: -. Q) III C Q)~c2 9- ;:¡. 9-......0 o' 3 ;;0 o':::r 0 ::;t CD m . CD 3 ::J 0 ]33 Qj - ;;0 ::! m en ; : ;oo '" » ::¡: ::! 2 -I -I>.CDCQ -f <:::> _" ":'I ~. Õ m~ .1:..0..0 '-JCDt:: .., Z Dc Co",::! So 0)_0.. . a Q) "'1:1- 'so èi! s:m ::! Q) mO CQ '" zO ~Q) . - -Ie :--is: ;:oZ ::tCD CD r- m-l èi! Q) 0-< Õ'::: eDJ ":'I ::! mO ,CD ::: 1:)0 en» Q)2. -1;:0 ~OJ ;;0 ."c » '" Q) 00 - CI) m 0 ~CD 0 ;:0." 0 Q)O- 0 0 :::t¡Q) 3: "'0 - c ¡;:;'õ 3: Cño z èi! 0 m oe -f -0 3 z »Z z Cì-o C ,-I c () ~ m -<-< 3: 5')( ~ CQ- mo OJ S:à1 m »0 ?? CD 9: ;:OS: s:o Q.ërr I.)¡S: 0- o ::::: oen a °en Cì ,_ I.) 0 gz ......m <:::> ;:0 <:::> en ..... , ~ ..... <:::> , CJ1 0) -I>. ~ <:::> <:::> 0 <:::> , C3 <:::> ~ :$ ~ '-.----.--------,,,,,,,, ....... AGENDA REQUEST """" ITEM NO. C-2b DATE: September 11,2001 REGULAR [ ] PUBLIC HEARING [ ] . CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): Parks & Recreation PRESENTED BY: Pete Keogh Director, Parks & Recreation SUBJECT: Pepper Park Backstop 4 BACKGROUND: During the August 13,2001 Capital Projects Workshop, it was recommended that Park Impact fees be utilized to construct a pick-up play softball field with backstop at Pepper Park. Currently funds are available in Park "A" (north county) Impact Fees. Staff is requesting that they be permitted to utilize $6,000 from Park "A" Impact Fees for construction of a pick-up play softball field with backstop. FUNDS WILL BE AVAILABLE IN: 310002-7210-563000-7621 (Park "A"lmpact Fee-Capital Improvement Other Than Building) PREVIOUS ACTION: N/A RECOMMENDATION: COMMISSION ACTION: ~] APPROVED [] DENIED [ ] OTHER: Do Anderson County Administrator Cou nty Attorney: Coordination S' natures Mgl. & Budget: Purchasing Mgr.: Originating Dept: Other: Other: Finance: (Check for Copy only, if Applicable) Eft. 1/97 H:\WP\Agenda Pepper Park Backstop.wpd C/) w u z <t ...J <t cc w w u. ~ u <t c.. :!E ~ '6. Ct) ü ü ü o OJ '" c: 'C: -5 'tJ ( ) ~ "E ....~ 0·_ o "' N c: OO~ .... Ct) .... U "' C ::::::; O)(t :::- ~ u .Q) -..;è' 00.: "' . ~: --.... -\\, .. .... ...... f:2 C"') "- õ:5 §- ..r:: "' ~ ª "' 't> Q) 'e- o.. CD <t 1/1 QJ QJ u.. .... U I\ a. .§ 1/1 .:.: .... I\ 0.. <.D o 0. o CO '<:" OÔ 0) CO L{).~ MM r-.... N~ r- N u:. 0) ...... I"- OÔ Or- '<t,O. .... .... N.... 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'0 Q) ro u .2 <¡: .....,; <::> <::> <::> Ll)" "t M -.r o ...... o o co o ...... <.D. M o <.D "C C]) ro u .Q ~ ro Õ 15 ::: (/) N L{) ...... å ...... M N <.D M. ...... "C QJ .... .... Cl) (¡j C ro .... I- >. ïiS ::: o 'S; Cl) .... 0.. N L{) "'- m CO -.r "t <Q 0, 0," "t C\ co '<t N. N o <.D 0, <::> <Q ,,- N M "C QJ ro u .Q <¡: ro õ I- M .!:J ;:: en Cl) u c CIJ ro OJ - '" Cl) Cl) u.. I Ü ro 0.. E ;:::: UJ ~ Z UJ > UJ 0::: ¡::: UJ CJ o ~ ~ o QJ U t: ..!!: <11 OJ QJ - .Q ..!!: ë; ::. oq: '-" AGENDA REQUEST ...., ITEM NO. C-2~ DATE: 9-11-01 REGULAR [] PUBLIC HEARING [ f CONSENT [xx] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): Parks and Recreation PRESENTED BY: Pete Keogh, Director SUBJECT: Equipment Requests No. EQOl-30land EQOl-303/Budget Amendment No. BAOl-185. BACKGROUND: There are sufficient unspent funds in the Savannas Recreation Area budget to purchase a computer and printer. With the addition of the Rasmussen House (to be used as the trading post) and the planned renovations and activities, it would help on-site management if they could complete their own financial transactions, modify their own forms, create their own documents and schedules, etc. Presently, the supervisor comes to the Parks and Recreation office and has to wait for someone to make theirs available. Other paperwork is handled by a secretary in the Administration Office. f At the time of budget preparation, we did not know whether the Rasmussen House was going to be moved to the Savannas. A request for a computer was not included in the 2001-2002 budget request. FUNDS AVAILABLE: 001-7220-564000-700 (General Fund, Savannas, Machinery and Equipment) The budget amendment transfers sufficient funding to cover the cost of this equipment. I PREVIOUS ACTION: f RECOMMENDATION: Staff recommends approval of the Equipment Requests No. 01-301 and EQ No. 01-303 and Budget Amendment No. BAOl-185. [X [ APPROVED OTHER: DENIED las M. Anderson nty Administrator COMMISSION ACTION: County Attorney: . 'í~' 'J '-i p~ Review and Approvals Management & Budged~ (v1 ~ Purchasing: Other: Other: Originating Dept. Finance: (Check for Copy only, if applicable)___ ~ 1Io.~ " - BUDGET AMENDMENT REQUEST FORM REQUESTiNG DEPARTMENT: Parks and Recreation PREPARED DATE: 09/05/01 AGENDA DATE: 09/11/01 ACCOUNT NUMBER ACCOUNT NAME AMOUNT TO: 001-7220-564000-700 Machinerv and Eauipment $3,272 FROM: 001-7220-546000-700 EauiDment Maintenance $3,272 REASON FOR BUDGET AMENDMENT: To cover the purchasina expenses of one computer (EQ01-301), and one printer (EQ01-303) for the Savannas RecreatiDn Area. CONTINGENCY BALANCE: n/a THIS AMENDMENT: n/a REMAINING BALANCE: n/a DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: 01-185 DOCUMENT # & INPUT BY: G :IBUDGETlQUA TTROIGENERALIFORMSIAMENDM01.wb3 t « 1 . .... i en 0::: W.... ZO O~ enC !Q0.... 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'a¡ .9- ..... E: ::S g. ã3 o.!:: ( ) '(3 u"J"J:t: Q) :.:::: (]) ::J ::S~~~ <t)o\.-::.!::: .'1: U 0 2:¡ !:: '-' .~ (1) (1) ?: ~ ~~ CD 0 o~§-E: '-' CD "J CD '-' CD .Q (1)::S.!::0 Qj 0.. - ::: - 1; ~ CD .{§..c:::;:: c:: Q.."t)!::!:: _ CD 0 .~:Jt:~ ~~8êi a ~ , a a a "'I" (Q LQ , a C\J ~ , ".. a a ä::: w aJ :¡¡ ::I Z I- Z ::I o U U ~ ~ I C") a C") , ".. a o LlJ :it o W D:: I-!Z W :¡: c.. :5 o w z o ¡::: <I; u u::: ¡::: II) :; /,~ '-' AGENDA REQUEST ....., ITEM NO. C- ~D DATE: 9-11-01 REGULAR [] PUBLIC HEARING CONSENT [xx] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): Parks and Recreation PRESENTED BY: Pete Keogh, Director SUBJECT: Revised Equipment Request No. EQOl-l05/Budget Amendment No. BAOl-181. BACKGROUND: In this year's budget a replacement computer for the Recreation Division Office was approved. A recent quote from the Information Technologies Department was higher than the funds approved. At this time, we are requesting approval of a revised equipment request for the additional funding needed to purchase this computer. The attached equipment request gives additional details. The original equipment request was approved for $1500. The reason for the different amounts on the equipment request and the budget amendment is because a previous equipment purchase required additional funding which was budgeted for this computer. In order to replace the money spent on the previous equipment purchase, a budget amendment for $86-0 has been prepared. FUNDS AVAILABLE: 001-7215-564000-700 (General Fund, Recreation, Machinery and Equipment) The budget amendment transfers sufficient funding to cover the cost of this equipment. PREVIOUS ACTION: RECOMMENDATION: Staff recommends approval of the revised Equipment Request No. 01-105 and Budget Amendment No. BAOl-181. x] APPROVED ] OTHER: DENIED glas M. 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E I:; ca:::lw ro(/)roo .2. )-0C> g>~~~() CI) :¡:j () ,- 0 OJ <I> .<1> I-W« ~&~(/)( ) Sõ> zO::: :J en C).: tJ).!2 · :::II- CT( ) c:::J .s: g ( ) ..c: "C :.= CT OZ L..-C:)Q) <I).c: (/)L...CU"'CL... (t:I U UW '- .E (/) Q) ;;: ~ ( ) w:ïE ëQ¡E-5~ u .;;: _D.. Q)...C'Ctn.r:. ,s: I:; E ::J.... () .....:§ u- ..... t C.8'5:E :::1:::1 I:; <I) (t:I ( ) roE....:¡:j~ ~ê ....10 ~ c.oc.ro .w ( )()õ~g> !l)Q I- (t:I Q ~ :>. () .- '" I:; VJ 2- C:( )ã3~tš 111- Q ,2 c: .¡: OJ ro "0 E c:: ëõmroc:-Þ ~ e ~ ( )OJ>:Eë tJ)"" t5 ,!;; ro ~ Q) 111"0 "0 (t:I ( )ëñc:ca> "O~ <I> ~ 0::: ( ) ::J ( ) ( ) ( ) '- .~ (,) ::JL..Cf)~ ,<I) <I> ::,; ( ) -gg.9~C: s: u <I> a:: OJ'-:>.oro ~ ~ ~ "0 c:: rtJU)~r.nO> (t:I~ l('j c:: ~ "" .- = - c: 0 ..... ..octJ~ .~ g (t:I (t ~ .ª ro .~ ~ ..... CI) ~ .~ tr , '""' ~ u ( ).~~:t:: ( ) ~(t:I 0 æ <I> ..c: .<!: () .£!! -5 ß a:: . I:; I-Q~CI)(/) . 0 :it 0 ¡:.: W IX: Z I- W z ::!: z w ~ 0 ::!: <C ëñ !1:: Il. ;;: ::J W 0 c i5 w '" '-' 'wi BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: PARKS AND RECREATION PREPARED DATE: 08/31/01 AGENDA DATE: 09/11/01 ACCOUNT NUMBER ACCOUNT NAME AMOUNT TO: 001-7215-564000-700 Machinery and Eauipment $860 FROM: 001-7215-549960-700 Reimbursable Costs $860 REASON FOR BUDGET AMENDMENT: To purchase computer eauipment for Parks and Recreation. EQ01-105 (revised) CONTINGENCY BALANCE: n/a THIS AMENDMENT: n/a REMAINING BALANCE: nla DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: 01-181 DOCUMENT # & INPUT BY: . · · . · ~ ¡ . G:IBU DG ET\QuattroIGEN ERAL IFORMSIAMENDMO 1. wb3 '-" AGENDA REQUEST ~M NO. c3A DA TE: September 11, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Katherine Mackenzie-Smith Assistant County Attorney SUBJECT: Permission to file suit against Richard and Angela Spikes to require the removal of unserviceable vehicles and the termination of their operation of an auto repair business in a residential neighborhood. BACKGROUND: See attached memorandum FUNDS AVAilABLE: PREVIOUS ACTION: RECOMMENDATION CONCLUSION: Staff recommends the Board of County Commissioners grant permission to allow the County Attorney to file suit against Richard and Angela Spikes to require the removal of unserviceable vehicles and the termination of their operation of an auto repair business in a residential neighborhood. . ~] APPROVED [J DENIED [ ] OTHER: COMMISSION ACTION: D glas M. Anderson County Administrator [X] Coun-cy At-COrnoy: 9(/ 1../ Review and Approvals ( ]Managomon-c & Budgot: ( ]Purchasing: ( ] Information T och.: ( x 1 Public Works Diroctor ( ] Solid Wasto Mgr (]Financo:(chock for copy only. if applicablo) Effoctivo 5/96 '-" -..I INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioner6 FROM: Katherine Mackenzie-Smith CA NO: 01-2110 DATE: September 5,2001 SUBJECT: Permission to File Suit against Richard and Angela Spikes to require the removal of unserviceable vehicles and the termination of their operation of an auto repair bU6ines6 in a re6idential neighborhood BACKGROUND: 1. Richard and Angela Spikes are residents of St. Lucie County. The Spike6 are now and have been for some time illegally and unlawfully conducting and carrying on certain activities in violation of Section61-12-17 and 1-9-19 of the St. Lucie County Code of Ordinance6 and Compiled Laws and Sections 3.01.03(1) of the St. Lucie County Land Development Code on property located at 1101 Hartman Road in St. Lucie County and de6cribed a6 follow6: 183540 FROM NE COR OF SE 1/4 OF NE 1/4 RUN S ON HARTMAN RD 150 FT, TH W 25 FT FOR rOB, TH W 150 FT, TH S 180 FT, TH E 150 FT' TH N 180 FT TO POB (0.62 AC) (OR 1233-1089) as recorded in the public records of St. Lucie County, Florida. . 2. On August 2, 2000, in Ca6e Number 652, the St. Lucie County Code Enforcement Board found Richard and Angela Spikes in violation of Section 1-9-19 and Section 1-12-7 of the St. Lucie County Land Development Code. The Spikes were found to have unserviceable vehicles on the property, to have not obtained an occupationallicen6e for bU6ine66 activities and to have operated an auto repair busines6 in a re6idential neighborhood. 3. On November 1,2000, in Ca6e Number 6634, the St. Lucie County Code Enforcement Board found Richard and Angela Spikes to be in repeat violation of Section 1-9-19 and Section 1-12-7 of the St. Lucie County Land Development Code and were fined one hundred ($100.00) dollars per day. 4. On January 3, 2001, in Case Number 7083, the St. Lucie County Code Enforcement Board found Richard and Angela Spike6 to be in repeat violation of Section 1-9-19 and Section 1-12-7 of the St. Lucie County Land Development Code and were fined one hundred dollars ($100.00) per day beginning December 15,2000 with maximum fine not to exceed five thou6and ($5,000.00) dollars. 5. On March 7, 2001, in Ca6e No. 7376, the St. Lucie County Code Enforcement Board found '-" 'WI Richard and Angela Spikes in violation of Section 7.1O.14(A) of the St. Lucie County Land Development Code for t-he parking of commercial vehicles in a residential district. On April 4, 2001, the violation was abated as the vehicles were removed by March 21, 2001. 6. On June 6, 2001, in Case Number 9178, Richard and Angela Spikes were found to be in repeat- violation of Section 7.10.14(A) of the St. Lucie County Land Development- Code for the parking of commercial vehicles in a residential neighborhood. The Spikes were fined five hundred dollars ($500.00) a day beginning May 26, 2001 with the maximum fine not to exceed five thousand ($5,000.00) dollars. 7. This property is in cont-inued violation of Sections 1-12-17 and 1-9-19 of the St. Lucie County Code of Ordinances and Compi!ed Laws and Sections 3.01.03(1) of the St. Lucie County Land Development Code. (See att.ached photos) 8. This property is the residence of the Spikes and is protected from foreclosure by Article 10, Sect.ion 4 of the Florida Constitution which states "There shall be exempt- from forced sale under process of any court and no judgment, decree or execution shall be a lien thereon, except for the payment oft.axes and assessments thereon, obligations contracted fort-he purchase, improvement or repair thereof, or obligations contracted for house, field or other labor performed on the realty, the following property owned by a natural person." 9. The County is authorized by lawto seek compliance with or restrain by injunction a violation of any ordinance of St. Lucie County, Florida RECOMMENDATION/CONCLUSION: Staff recommends the St-. Lucie Count-y Code Enforcement- Board grant- permission t-o allow t-he Count-y At-t-orney t-o file suit- against Richard and Angela Spikes to require t-he removal of unserviceable vehicles, and t-he t-erminat-ion of t-heir operat-ion of an aut.o repair business in a resident-ial neighborhood. Respect-fully submitt.ed /l~ I Kat-herine Mackenzie-Smit-h Assist-ant- Count-y Att.orney ~ ....., RICHARD AND ANGELA SPIKES 1101 HARlMANROAD 9/4/01 '-" '"""" RICHARD AND ANGELA SPIKES 1101 HARTMAN ROAD 9/4/01 '-" ~ RICHARD AND ANGELA SPIKES 1101 HARTMAN ROAD 9/4/01 '-' '-till RICHARD AND ANGELA SPIKES 1101 HARTMAN ROAD 9/4/01 , "-' -...I . ~ RICHARD AND ANGELA SPIKES 1101 HARTMAN ROAD 9/4/01 ~ , -. ' ,~~ i:"';<f. " ~, , ",: :i~:i··'¥i.d!~ ,..~. ~..."\~.~. '-' ....,.¡ AGENDA REQUEST ITEM NO. C - 3 b DATE: September 11, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attomey Daniel S. McIntyre County Attomey SUBJECT: Allstate Litigation Expense. BACKGROUND: See attached memorandum. FUNDS A V AIL.: Funds are available from Account Number 001-1900-541300-100 (General Fund Postage). PREVIOUS ACTION: 4 RECOMMENDATION: Staff recommends that the Board authorize the transfer of funds as set out above. COMMISSION ACTION: .- . [~APPROVED [] DENIED [ ] OTHER: uglas Anderson ounty Administrator County Attorney: $J Review and Approvals Management & Budget x~M ~ Purchasing Originating Dept. Other: Finance: (Check for Copy only, if apPliCable)~ Other: Eff. 5/96 + I '-' -...I INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO: 01-2119 DATE: September 5, 2001 SUBJECT: Allstate Litigation Expense BACKGROUND: The County is currently defending a lawsuit filed by Allstate Insurance Company involving the industrial revenue bonds issued to construct the St. Lucie County Sports Complex. In order to pay the costs of defending this lawsuit including expert witness fees it is necessary to transfer $38,500 from Account Number 001-1900-541300- 100 (General Fund Postage) into Account Number 001-1410-531000-1920 (Professional Services Allstate Program Number) . RECOMMENDATION/CONCLUSION: Staff recommends that the Board authorize the transfer of funds as set out above. DSM/cac submitted, ... ~, l E- TO-LINE TRANSFER REO ST TO: #001 1410 531000 1920 Professional Services (Allstate Program N $ 38,500 FROM: #001 1900 541300 100 General Fund Postage $ 38,500 REASON FOR TRANSFER: In order to pay the costs of defending the lawsuit Expenses. CONTACT PERSON: DEPARTMENT APPROVAL: OMB APPROVAL: ADMINISTRATION APPROVAL: PHONE #: 1416 OM8 NOTES: INPUT DATE: INPUT BY: UNE-TO-UNE TRANSFER #: DOCUMENT #: '-' AGENDA REQUEST ITEM~O. c-~ DATE: September 11, 2001 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 01-202 - Approving a Financing Lease with SunTrust Leasing Corporation for the Purchase of Computers from Howard Computers BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve Resolution No. 01-202 as drafted. COMMISSION ACTION: [x] APPROVED [ ] DENIED [ ] OTHER: County Attorney: ~?1/ Review and Approvals Management & Budget Purchasing: Originating Dept. Public Works Dir, COllilty Eng. , Finance, (Check for Copy only, if applicable) Eff. 5/96 S SQUIRE ~DERS '-' LEGAL COUNSEL WORLDWIDE -...I SQUIRE, SANDERS & DEMPSEY L.L.P. MEMORANDUM To: Board of County Commissioners of St. Lucie County, Florida From: Robert O. Freeman Date: September 5, 2001 Re: Financing Lease for Computer Purchase The attached resolution would approve a financing lease with SunTrust Leasing Corporation for the purchase of computers from Howard Computers. The lease is a "subject to annual appropriation" lease and is payable from non-ad valorem revenues annually budgeted and appropriated by the Board to make the required payments. The lease is designated as a "qualified tax-exempt obligation" pursuant to Section 265 of the Internal Revenue Code on the premise that the County does not expect to issue more than $10 million in tax-exempt debt (excluding industrial revenue bonds) in calendar year 2001. The resolution authorizes the proper officers of the County to execute and deliver the lease and related documents in connection with the financing. The documents have been reviewed by the County's Bond Counsel and Financial Advisor, and incorporate their suggested revisions. 7665v 1/28902-00 L04/M,BOARD ~ ,..,¡ RESOLUTION NO. Ol-~a;¡, A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AUTHORIZING THE EXECUTION AND DELIVERY OF (1) A MASTER LEASE AGREEMENT WITH SUNTRUST LEASING CORPORATION, (2) AN EQUIPMENT SCHEDULE NO. 01, (3) AN ESCROW AGREEMENT, AND (4) OTHER RELATED INSTRUMENTS FOR THE LEASE PURCHASE OF CERTAIN COMPUTER EQUIPMENT FOR USE BY THE COUNTY; PROVIDNG FOR THE MAKING OF PAYMENTS UNDER THE EQUIPMENT LEASE FROM NON-AD VALOREM REVENUES ANNUALLY BUDGETED AND APPROPRIATED THEREFOR; AUTHORIZING FURTHER OFFICIAL ACTION IN CONNECTION WITH THE DELIVERY OF THE FOREGOING DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE. Whereas, the Board of County Commissioners (the "Board") of S1. Lucie County, Florida (the "Lessee"), desires to obtain certain computer equipment (the "Equipment") described in Equipment Schedule No. 01 to the Master Lease Agreement (collectively, the "Lease") with SunTrust Leasing Corporation (the "Lessor"), the form of which is on file with the Lessee; and Whereas, the Equipment is essential for the Lessee to perform its governmental functions; and Whereas, the funds made available under the Lease will be deposited with SunTrust Bank (the "Escrow Agent") pursuant to an Escrow Agreement between Lessee and the Escrow Agent (the "Escrow Agreement") and will be applied to the acquisition of the Equipment in accordance with the Escrow Agreement; and Whereas, Lessee has taken the necessary steps, including those relating to any applicable legal bidding requirements, to arrange for the acquisition of the Equipment; and Whereas, Lessee proposes to enter into the Lease with the Lessor and the Escrow Agreement with the Escrow Agent substantially in the forms on file with the Lessee; and Whereas, the Lessee does not expect to issue or incur $10,000,000 or more in obligations the interest on wmch is excluded from gross income under Section 103 of the Internal Revenue Code of 1986, as amended from time to time (the "Code"), and required to be taken into consideration for purposes of Section 265(b) of the Code; now therefore: BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCæ COUNTY, FLORIDA: Section 1. Authority for this Resolution. Tms resolution is adopted pursuant to the provisions of Chapter 125, Part I, Florida Statutes, as amended, and other applicable provisions of law (collectively, the "Act"). '-' '-' Section 2. Approval of Financing Documents. The Lease and the Escrow Agreement (collectively, the "Financing Documents") in substantially the forms on file with the Lessee and by reference hereby incorporated in this resolution are hereby approved in connection with the acquisition of the Equipment. Section 3. Execution of Financing Documents. The Financing Documents and the acquisition and financing of the Equipment under the terms and conditions as described in the Financing Documents are hereby approved. The Chairman, Vice Chairman, and any other officer of Lessee who shall have power to execute contracts on behalf of Lessee be, and each of them hereby is, authorized to execute, acknowledge and deliver the Financing Documents in substantially the form on file with the Lessee, with any changes, insertions and omissions therein as may be approved by the Officers who execute the Financing Documents, such approval to be conclusively evidenced by such execution and delivery of the Financing Documents. The Clerk of the Board and any other officer of Lessee who shall have power to do so be, and each of them hereby is authorized to affix the official seal of Lessee to the Financing Documents and attest the same. Section 4. Authorization of Execution of Other Documents. The proper officers of Lessee be, and each of them hereby is, authorized and directed to execute and deliver any and all papers, instruments, opinions, certificates, affidavits and other documents and to do or cause to be done any and all other acts and things necessary or proper for carrying out this resolution in the Financing Documents. Section 5. Tax Compliance. The Lessee covenants throughout the term of the Equipment Lease, to comply with the requirements of the Code. The Equipment Lease is hereby designated as a "qualified tax-exempt obligation" within the meaning of Section 265(b)(3)(B) of the Code. The Lessee will take all actions necessary to maintain the exclusion from gross income for purposes of the Code of the interest component of the payments under the Lease and the status of the Lease under Section 265(b)(3)(B) of the Code to the same extent as on the date of the Lease. Section 6. Repeal of Inconsistent Provisions. All resolutions or parts thereof in conflict with this resolution are hereby repealed to the extent of such conflict. Section 7. Severability. If anyone or more ofthe covenants, agreements, or provisions of this resolution should be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements, or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements or provisions, and in no way affect the validity of all other provisions of this resolution or of the Financing Documents delivered hereunder. Section 8. Amendment. This resolution may not be amended or repealed except with the prior written consent of Lessor. Section 9. Effective Date. This resolution shall take effect immediately upon its adoption. 2 7662vI/28902.j]OI04/R- AUTH LEASE '-' ...., Passed and Adopted this 11 th day of September, 2001, at a regular meeting duly called and held. ST. LUCæ COUNTY, FLORIDA (SEAL) By: Chairman of the 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 3 7662vl/28902-00104!R· AUTH LEASE , ~/ '-'" AGENDA REQUEST ITEM~O. C/3D DATE: September 11, 2001 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney 4 SUBJECT: Non-Exclusive Agreement Extensions with Treasure Coast Refuse Corp.; Choice Sanitation; Reelstone Development Corporation d/b/a Whispering Creek Village; Freedom Waste Removal; Overland Services, Inc.; Waste Management; Florida Recycling Services and Ocean Resorts Co-Op. 4 BACKGROUND: See attached memorandum ~ ~ FUNDS AVAILABLE: PREVIOUS ACTION: . RECOMMENDA TION: Staff recommends that the Board approve the Extensions and authorize the Chairman to sign the Extensions. [x] APPROVED [ ] DENIED [ ] OTHER: Douglas Anderson County Administrator COMMISSION ACTION: County Attorney: ~ Review and Approvals Management & Budget Purchasing; Originating Dept. public Works Dir; County Eng. ; Finance: (Check for Copy only, if applicable) Eff. 5/96 '-' ...,.¡ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. 01-2124 DATE: September 6, 2001 SUBJECT: Non-Exclusive Agreement Extensions with Treasure Coast Refuse Corp.; Choice Sanitation; Reelstone Development Corporation d/b/a Whispering Creek Village; Freedom Waste Removal; Overland Services, Inc.; Waste Management; Florida Recycling Services and Ocean Resorts Co- Op. ----------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- BACKGROUND: . On October 1,1999, the County entered into a Non-Exclusive Commercial Solid Waste and Recyclable Materials Collection Service Agreement with the referenced Haulers 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 including September 30, 2002 on the same terms and conditions. , RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the Extensions and authorize the Chairman to sign the Extensions. Respectfully submitted, DSM/caf Attachments '-' -...I EXTENSION NON-EXCLUSIVE COMMERCIAL SOLID WASTE AND RECYCLABLE MATERIALS COLLECTION SERVICE AGREEMENT THIS EXTENSION, is r:\ade this /7.... day of A t.J.¡y ~-t- , 2001, between ST. LUCIE COUNTY, a polltical subdlV1S10 of the State of Florida (the "County"), an~Treasure Coast Refuse Corporation or his, its or their successors, executors, administrators, and assigns I the "Hauler")' , . Republic Services of Florida, Limited Partnership WITNESSETH: d/b/a WHEREAS, on October 1, 1999, the parties entered into a Non- Exclusive Commercial Solid Waste and Recyclable Materials Collection Service Agreement (the "Non-Exclusive Agreement") whereby the County authorized the Hauler to provide certain collection service for solid waste and recyclable materials on a non-exclusive basis through and including September 30, 2000; and WHEREAS, the County has previously agreed to extend the term of the Non-Exclusive Agreement for an additional term through and including September 30, 2001 on the same terms and conditions; and WHEREAS, the County has agreed to further extend the term of the Non-Exclusive Agreement for an additional term through and including September 30, 2002 on the same terms and conditions; and NOW, THEREFORE, 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. i IN WITNESS WHEREOF, the County has hereunto subscribed and the Hauler has affixed his, its, or their names, or name, and seal the date aforesaid. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ATTEST: By: CHAIRMAN CLERK APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY By: ...,"""t¿ ... .~ DONNA MATTALlANO ~ v~ MY COMMISSION" CC 735695 ~ or fl."'"' EXPIRES,08IW2002 I.Soo..3.NOTAR Y Fla Notary Serv'c~ & Bonding Co WITNESSES: ~~~~:: Z~~Ä. Republic d/b/a Trea ure H:\WIN\~P\Non SX=luslve\Aq~eeRenew\NonExExtOl wpd '-' 'will EXTENSION NON-EXCLUSIVE COMMERCIAL SOLID WASTE AND RECYCLABLE MATERIALS COLLECTION SERVICE AGREEMENT THIS EXTENSION, is made this day of , 2001, between ST. LUCIE COUNTY, a pOll tical subdlV1Slon ot the State of Florida (the "County"), and Choice Sanitation or his, its or their successors, executors, administrators, and assigns (the "Hauler"): WITNESSETH: WHEREAS, on October 1, 1999, the parties entered into a Non- Exclusive Commercial Solid Waste and Recyclable Materials Collection Service Agreement (the "Non-Exclusive Agreement") whereby the County authorized the Hauler to provide certain collection service for solid waste and recyclable materials on a non-exclusive basis through and including September 30, 2000; and WHEREAS, the County has previously agreed to extend the term of the Non-Exclusive Agreement for an additional term through and including September 30, 2001 on the same terms and conditions; and WHEREAS, the County has agreed to further extend the term of the Non-Exclusive Agreement for an additional term through and including September 30, 2002 on the same terms and conditions; and NOW, THEREFORE, 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 WHEREOF, the County has hereunto subscribed and the Hauler has affixed his, its, or their names, or name, and seal the date aforesaid. f c f ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA . By: CHAIRMAN CLERK APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: 1;Þ~ Choice Sanitation By: hiM ~~ Print Name: WILL. t!. D wj)flL Ti tJ.e : 6 WI'/Ef\. H:\WIN\Wp\Non Exclusive\AgreeRenew\NonExExtOl.wpd '-' '-" EXTENSION NON-EXCLUSIVE COMMERCIAL SOLID WASTE AND RECYCLABLE MATERIALS COLLECTION SERVICE AGREEMENT THIS EXTENSION, is made this day of , 2001, between ST. LUCIE COUNTY, a polltical subdlvlSlon of the State of Florida (the "County"), and Reelstone Development Corporation d/b/a Whispering Creek Village or his, its or their successors, executors, administrators, and assigns (the "Hauler"): WITNESSETH: WHEREAS, on October 1, 1999, the parties entered into a Non- Exclusive Commercial Solid Waste and Recyclable Materials Collection Service Agreement (the "Non-Exclusive Agreement") whereby the County authorized the Hauler to provide certain collection service for solid waste and recyclable materials on a non-exclusive basis through and including September 30, 2000; and WHEREAS, the County has previously agreed to extend the term of the Non-Exclusive Agreement for an additional term through and including September 30, 2001 on the same terms and conditions; and WHEREAS, the County has agreed to further extend the term of the Non-Exclusive Agreement for an additional term through and including September 30, 2002 on the same terms and conditions; and NOW, THEREFORE, 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 WHEREOF, the County has hereunto subscribed and the Hauler has affixed his, its, or their names, or name, and seal the date aforesaid. . f ~ ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA . By: CHAIRMAN CLERK APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: Reelstone Development Corporation d/b/a Whispering Creek Village :lt5'~.. 1ilJUlv:Ih,j¡/1 - d~ ¡; IJYL~-.. By: .--"LÄ-t~ ~?g Print Name: .s;, ""- I' c7 '" /"<",;1. e v T· tl I')?' .' , ---....-1 J. e :~lí¿'--(l1 ,I/~/~../~;;;r () / H:\WI~\~P\Non ~~clusive\AgreeRenew\NonExExtOl wpd ~ .." EXTENSION NON-EXCLUSIVE COMMERCIAL SOLID WASTE AND RECYCLABLE MATERIALS COLLECTION SERVICE AGREEMENT THIS EXTENSION, is made thiS,.;:t~~ day of ~~..L.-z:::6 , 2001, between ST. LUCIE COUNTY, a po ~tical sub ~v~ ~on of the State of Florida (the "County"), and Freedom Waste Removal or his, its or their successors, executors, administrators, and assigns (th~ "Hauler") : WITNESSETH: WHEREAS, on October 1, 1999, the parties entered into a Non- Exclusive Commercial Solid Waste and Recyclable Materials Collection Service Agreement (the "Non-Exclusive Agreement") whereby the County authorized the Hauler to provide certain collection service for solid waste and recyclable materials on a non-exclusive basis through and including September 30, 2000; and WHEREAS, the County has previously agreed to extend the term of the Non-Exclusive Agreement for an additional term through and including September 30, 2001 on the same terms and conditions; and WHEREAS, the County has agreed to further extend the term of the Non-Exclusive Agreement for an additional term through and including September 30, 2002 on the same terms and conditions; and NOW, THEREFORE, 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 WHEREOF, the County has hereunto subscribed and the Hauler has affixed his, its, or their names, or name, and seal the date aforesaid. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: CHAIRMAN CLER1"{ APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: Freedom Waste Removal . ",~J iJI+óDe'LL ~l¿a) YJc JJJnu'-Æ, ð Title: H:\WIN\WP\Non Exclusive\AgreeRenew\NonExExtOl.wpd '-" ...", , EXTENSION NON-EXCLUSIVE COMMERCIAL SOLID WASTE AND RECYCLABLE MATERIALS COLLECTION SERVICE AGREEMENT THIS EXTENSION, is made this day of , 2001, between ST. LUCIE COUNTY, a polltical subdlvlslon ot the State of Florida (the "County"), and Overland Services, Inc. or his, its or their successors, executors, administrators, and assigns (the "Hauler") : WITNESSETH: WHEREAS, on October 1, 1999, the parties entered into a Non- Exclusive Commercial Solid Waste and Recyclable Materials Collection Service Agreement (the "Non-Exclusive Agreement") whereby the County authorized the Hauler to provide certain collection service for solid waste and recyclable materials on a non-exclusive basis through and including September 30, 2000; and WHEREAS, the County has previously agreed to extend the term of the Non-Exclusive Agreement for an additional term through and including September 30, 2001 on the same terms and conditions; and WHEREAS, the County has agreed to further extend the term of the Non-Exclusive Agreement for an additional term through and including September 30, 2002 on the same terms and conditions; and NOW, THEREFORE, 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 WHEREOF, the County has hereunto subscribed and the Hauler has affixed his, its, or their names, or name, and seal the date aforesaid. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ATTEST: By: CHAIRMAN CLERK APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: Overland Services, Inc. b::! By~J~~ Print Name: SQ.!VClfuf'f. R. M.ex-o\C\ Title: V;c.e. "PrlS¡dfl)t H:\W:N\WP\Non E~clusive\AgreeRenew\NonExExtOl,wpd '-' ~ . EXTENSION NON-EXCLUSIVE COMMERCIAL SOLID WASTE AND RECYCLABLE MATERIALS COLLECTION SERVICE AGREEMENT THIS EXTENSION, is made this day of , 2001, between ST. LUCIE COUNTY, a poll tical subdlvlslon ot the State of Florida (the "County"), and Waste Management, Inc. of Florida or his, its or their successors, executors, administrators, and assigns (the "Hauler"): WITNESSETH: WHEREAS, on October 1, 1999, the parties entered into a Non- Exclusive Commercial Solid Waste and Recyclable Materials Collection Service Agreement (the "Non-Exclusive Agreement") whereby the County authorized the Hauler to provide certain collection service for solid waste and recyclable materials on a non-exclusive basis through and including September 30, 2000; and WHEREAS, the County has previously agreed to extend the term of the Non-Exclusive Agreement for an additional term through and including September 30, 2001 on the same terms and conditions; and WHEREAS, the County has agreed to further extend the term of the Non-Exclusive Agreement for an additional term through and including September 30, 2002 on the same terms and conditions; and NOW, THEREFORE, 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 WHEREOF, the County has hereunto subscribed and the Hauler has affixed his, its, or their names, or name, and seal the date aforesaid. 4 ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: CHAIRMAN CLERK APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Waste Management, Inc. of Florida BY'//'/fJ'P Print Name: þ~/?7 /A/'U1 I Ti Ue: //Il' /J,r'~".~" ¡ was acknowledged before me this 22nd day of Aug. 2001 by Glenn R Holcomb, wh 0 i s R~r~~'{¡N¡,;!.J.2'xc~}J ft'd\rJ-q~p¡,.eIlMhNê,QØExM Q.,pÆ1 ot take an oath. ·'ri~"'fíJ:¿·· . o~ .'~ Gino S. Volponi ~¡ '1 MY COMM4SSION # 00019358 EXPrI/ES '!,'J.'.....ft,~ July 6, 2005 './lrMni·· BONOEO '01RU TiOY rAIH 1NSl.ÞRANC¡.1NC. '-' -...I · EXTENSION NON-EXCLUSIVE COMMERCIAL SOLID WASTE AND RECYCLABLE MATERIALS COLLECTION SERVICE AGREEMENT THIS EXTENSION, is made this day of , 2001, between ST. LUCIE COUNTY, a polltical subdlvlslon of the State of Florida (the "County"), and Florida Recycling Services, Inc. or his, its or their successors, executors, administrators, and assigns (the "Hauler"): WITNESSETH: WHEREAS, on October 1, 1999, the parties entered into a Non- Exclusive Commercial Solid Waste and Recyclable Materials Collection Service Agreement (the "Non-Exclusive Agreement") whereby the County authorized the Hauler to provide certain collection service for solid waste and recyclable materials on a non-exclusive basis through and including September 30, 2000; and WHEREAS, the County has previously agreed to extend the term of the Non-Exclusive Agreement for an additional term through and including September 30, 2001 on the same terms and conditions; and WHEREAS, the County has agreed to further extend the term of the Non-Exclusive Agreement for an additional term through and including September 30, 2002 on the same terms and conditions; and NOW, THEREFORE, 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. · t · IN WITNESS WHEREOF, the County has hereunto subscribed and the Hauler has affixed his, its, or their names, or name, and seal the date aforesaid. · ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA · By: CHAIRMAN CLERK APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY I By: Print Name: Frank M. Ward, Ti tle: Vice President H:\WIN\WP\Non Exclusive\AgreeRenew\NonExExtOl.wpd '-' ~ · EXTENSION NON-EXCLUSIVE COMMERCIAL SOLID WASTE AND RECYCLABLE MATERIALS COLLECTION SERVICE AGREEMENT THIS EXTENSION, is made this day of , 2001, between ST. LUCIE COUNTY, a polltical subdlvlslon of toe State of Florida (the "County"), and Ocean Resort Co-Op or his, its or their successors, executors, administrators, and assigns (the "Hauler") : WITNESSETH: WHEREAS, on October 1, 1999, the parties entered into a Non- Exclusive Commercial Solid Waste and Recyclable Materials Collection Service Agreement (the "Non-Exclusive Agreement") whereby the County authorized the Hauler to provide certain collection service for solid waste and recyclable materials on a non-exclusive basis through and including September 30, 2000; and . WHEREAS, the County has previously agreed to extend the term of the Non-Exclusive Agreement for an additional term through and including September 30, 2001 on the same terms and conditions; and WHEREAS, the County has agreed to further extend the term of the Non-Exclusive Agreement for an additional term through and including September 30, 2002 on the same terms and conditions; and NOW, THEREFORE, in consideration of the mutual promises contained herein, the Non-Exclusive Agreement is hereby extended through and including September 30, 2002. Except as ext~nded herein, the remaining terms and conditions of the Non-Excluslve Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the County has hereunto subscribed and the Hauler has affixed his, its, or their names, or name, and seal the date aforesaid. f . 4 · · ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA . By: CHAIRMAN CLERK APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: Ocean Resort Co-Op BY'~ Prin t ame: . :m I 7/::-?!J$. Tit1e/;{øØ¿Ø/7ý ¡ß5£è. d~ H:\WIN\WP\Non Ex~L\lSL~e\AqreeRenew\NonExEKtOl.wpd \~ '-' AGENDA REQUEST ITEM~O. c./~ . DATE: September 11, 2001 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: . SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney . SUBJECT: 2001 Economic Development Ad Valorem Tax Exemption Application - Liberty Medical Supply, Inc. BACKGROUND: See attached memorandum FUNDS A V AILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board: (1) Accept the report of the Property Appraiser; and, (2) Grant permission to advertise Ordinance No. 01-16 for a public hearing on September 25, 2001, at 9:00 a.m. which is a day meeting. COMMISSION ACTION: -- Douglas Anderson County Administrator .~] APPROVED [ ] DENIED [ ] OTHER: County Attorney: ~9J Review and Approvals Management & Budget Purchasing: Originating Dept. public Works Dir: County Eng.: Finance: (Check for Copy only, if applicable) Eff. 5/96 ~ -..I INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. 01-2045 . DATE: September 6, 2001 SUBJECT: 2001 Economic Development Exemption Application - Liberty Medical Supply, Inc. . ----------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- BACKGROUND: On October 6, 1992, the Board adopted Ordinance No. 92-24 establishing a program to exempt certain new and expanding businesses from ad valorem taxation as allowed by state law, a copy of which is attached. The ordinance was adopted subject to a referendum held on November 3, 1992 which passed. Also attached is a copy of Resolution No. 92-264 adopted on October 20, 1992 establishing a property tax exemption phase out schedule and a property tax exemption eligibility rate schedule for new or expanding businesses. . . Attached is an application filed by Liberty Medical Supply, Inc. As required by state law, the application was forwarded to the St. Lucie County Property Appraiser for review. The comments and findings of the Property Appraiser are contained in the application. As the findings state, Liberty Medical Supply, Inc. submitted the required information and met the statutory definition of an new business. The Property Appraiser's estimate of the taxable value lost to the County if the exemption is granted is $1,530,653. The estimate of revenue lost to the County if the exemption were granted during the current fiscal year is $13,692.61. The application reflects 765 St. Lucie County residents to be employed by Liberty Medical Supply, Inc. Under the property tax eligibility chart, it appears that Liberty Medical Supply, Inc. would receive a ten (10) year exemption, phased as follows: \",.;- -...I Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 100 'Yo 90 'Yo 80'Yo 70 'Yo 60'Yo 50 'Yo 40'7'0 30'Yo 20% 10'Yo Also attached is a copy of draft Ordinance No. 01-16 which, if adopted, would grant Liberty Medical Supply, Inc. an economic ad valorem tax exemption for a period of ten (10) years. t RECOMMENDATION/CONCLUSION: Staff recommends that the Board: 1. Accept the report of the Property Appraiser. 2. Grant permission to advertise Ordinance No. 01-16 for a public hearing on September 25, 2001. DSM/caf Attachments ~ -...I ORDINANCE NO. 92-24 AN ORDINANCE AMENDING CHAPTER 1-19.3 (TAXATION) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY CREATING ARTICLE V (ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTIONS) RELATING TO ST. LUCIE COUNTY¡ FLORIDA¡ TO ENCOURAGE ECONOMIC DEVELOPMENT IN THE COUNTY; ESTABLISHING AN EXEMPTION FROM CERTAIN AD VALOREM TAXATION FOR CERTAIN NEW AND EXPANDING BUSINESS PROPERTIES; PROVIDING DEFINITIONS AND REQUIREMENTS; PROVIDING PROCEDURES FOR APPLICATION FOR EXEMPTION; SPECIFYING DUTIES OF THE PROPERTY APPRAISER IN CONNECTION. WITH SUCH PROPERTY; PROVIDING FOR CONFLICTING PROVISIONS; SEVERABILITY AND APPLICABILITY; FILING WITH THE DEPARTMENT OF STATE; EFFECTIVE DATE; ADOPTION; AND CODIFICATION WHEREAS ¡ the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 196.1995, Florida Statutes, provides the Board of County Commissioners may hold a referendum granting Economic Development Ad Valorem Tax Exemptions under Section 3, Article VII \ of the State Constitution. ~ 2. This Board believes that amending Chapter 1-19.3 (Taxation) of the Code of Ordinances of St. Lucie County, Florida, s by creating Economic Development Ad Valorem Tax Exemptions for a new or expanding business is in the best interest of the health, safety and public welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: £truck through. passages are deleted. added. Underlined passages are 1 ::0"'1'-< ro "",0 n~:Þ o ro ;:J rj ;:J o..zro ~~g: (D I-' a~~ I-' :;J 1 ..¡ ~ -Jn INI-' <0 (D wN~ (J10 ~~H, ..CCrT U'1 ::r "'(]I(D :Þ Cl . ,.... 3: rj . n 0>= ::0 ..... rT 01 on 00 ,,>= 11 rT 01 CCUJ N:" Wt'" ¡: n ..... "CJ(D :Þ GlCl f:T10 ¡: ;:J N4 (]I o o . . 4 "'" -...I PART A. AMENDMENT CODE OF FLORIDA. OF CHAPTER 1-19.3 (TAXATION) OF THE ORDINANCES OF ST. LUCIE COUNTY, Chapter 1-19.3 (Taxation) of the Code of Ordinances of St. Lucie County, Florida, is hereby amended by creating Article V (Economic Development Ad Valorem Tax Exemptions) to read as follows: Chapter 1-19.3 TAXATION ARTICLE V. ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTIONS Section 1-19.3-51. Short Title. .. This Ordinance shall be known as County Ordinance No. 92-24, "Economic Development Ad Valorem Tax Exemption Requlations of St. Lucie County, Florida." Section 1-19.3-52. Enactment and Authority. Pursuant to Section 3, Article VII of the State Constitution and in accordance with Chapters 125, 163, 192, 196 and 214, Florida Statutes and Florida Department of Revenue Rules, Chapter 12D-7, Florida Administrative Code, incorporated municipalities and counties individually or ~n combination are authorized and empowered to adopt, amend or revise and enforce an ordinance relatinq to economic development ad valorem tax exemptions, after the electors of such municipality or county, votinq on the question in a referendum, authorize the adoption of such ordinancè. Strudc through passages are deleted. added. Underlined passages are 2 o ;u tIJ o o :;.: o CD N W '1J :Þ ø t:r1 N en o f-I '," '-, .~ Section 1-19.3-53. Jurisdiction. The area sublect to this Ordinance shall be incorporated and unincorporated St. Lucie County. Section 1-19.3-54. Purpose and Intent. The public health, safety, comfort, economv, order, convenience and qeneral welfare require the harmonious, orderly and develo ment of new business and ex ansion of existin business within Florida and its incorporated municipalities and counties. In furtherance of this qeneral purpose counties by Chapters 125, 163, 192, 196 and 214, Florida Statutes and Florida , Department of Revenue Rules, Chapter 12D-7, Florida Administrative Code, are authorized and empowered to adopt, amend or revise and enforce measures relatinq to economic development ad valorem tax exemptions for new business and expansion of existinq business. It is the intent" of this Ordinance to secure or to ensure: ~ The establishment of criteria for arantinq such exemptions to certain types of businesses or industries or for denyinq exemptions on a rational. nonarbitrary, nondiscriminatory basis by the Board of County Commissioners. ~ No precedent shall be implied or inferred by the qrantinq of an exemption to a new or expandinq business. Applications for exemptions shall be considered bv the Board of Count v Commissioners on a case-bv-case basis for each application, after consideration of the Property Appraiser's report on that application. 1..:.. Any exemption qranted shall apply UP to one hundred percent (100%) of the assessed value of all improvements to real property made by or for the use of a new business and all tanqib1e personal property of such new business, or up to one hundred percent (100%) of the assessed value of all added improvements to real propertv which additions are made to facilitate the expansion of an Struc]~ through passages are deleted. added. Underlined passages are 3 o ::0 tIJ o o ,,; o CD N W '" ;¡:. C) 1:'1 N 0\ o N '-' ,."" .L. Anv exemption shall be up to a full ten lID) vear period from the time the exemption is qranted. 2.:. No exemction shall be qranted on the land which new or expanded businesses are to be located. h No exemption shall be qranted on school or water mana ement district taxes or on taxes levied for a ent of bonds or taxes authorized a vote of the electors of the Countv pursuant to Sections 9 or 12, Article VII, of the State Constitution. Section 1-19.3-55. Definition of Terms. The followinq words, phrases and terms shall have the same meaninqs attributed to them in current Florida Statutes and the Florida Administrative Code, except where the context clearly indicates otherwise: 1:..:.. Applicant Anv person or corporation submittinq an Economic Development Ad Valorem Tax Exemption application to the Board. ~ Board - The St. Lucie Countv Board of Commissioners. L. Business Any activity enqaqed in by any person, corporation or company with the obiect of private or public qal.n , benefit, or advantaqe , either direct or indirect. ~ New Business - ~ A business establishinq 10 or more lobs to employ 10 or more full-time emplovees in this County, which manufactures, processes, Struch: th:::-ough passages are deleted. added. Underlined passages are 4 o :ö OJ o o :>;: o OJ N W 'U :Þ G) J:t N 0\ o W h '-' -...I compounds, fabricates, or produces for sale items of tanqible personal property at a fixed location and which comprises an industrial or manufacturinq plant; A business establishinq 25 or more lobs to employ 25 or more full-time employees in this County. the sales factor of which, as defined by s. 220.15 (5), Florida Statutes, for the facility with respect to which it requests an economl.c development ·ad valorem tax exemption is less than '0.50 for each year the examption is claimed. No business enqaqed l.n retail operations as defined herein shall be eliqible for an exemption pursuant to this subsection b; or ~ An office space in this state owned and used by a corporation newly domiciled l.n this County; provided such office space houses 50 or full-time such employees more of corporation; provided that such business or office .first beqins operation on a site clearly separate from any other commercial or industrial operation owned by the same business. StrucJc through passages are deleted. added. Underlined passages are 5 o ;¡;¡ Cè o o ;x: o ro N W 'U ~ C) (T N 0\ o ~ .l..:.1. '-' ...,.¡ 4...:.. Any business located ~n an area desiqnated enterprise zone that first beqins operation on a site clearly separate from any other commercial or industrial operation owned by the same business. Expansion of Existinq Business h A business establishinq 10 or more lobs to employ 10 or more full-time emploYees in this County, which manufactures, processes, compounds, fabricates, or produces for sale items of tanqible personal property at a fixed location and which comprises an industrial or manufacturinq plant; or ~ Any business establishinq 25 or more lobs to emplov 25 or more full-time employees in this County, the sales factor of which, as defined by s.220.15(5), Florida Statutes, for the facility with respect to which it requests an economic development ad valorem tax exemption is less than 0.50 for each vear the exemption is claimed provided that such business increases operations on a site colocated with a commercial or industrial operation owned by the same business, resultinq in a net increase in employment of not less than 10 percent or StrucJe through passages are deleted. added. Underlined passages are 6 o ;:u OJ o o ^ o OJ N W '0 :Þ CJ t>1 N 0\ o (Jl ',.; ~ ...., an increase in productive output of not less than 10 percent. No business enqaqed in retail operations as defined herein shall be eliqible for an exemption pursuant to this subsection b. ~ An business located in an enter rise zone that increases operations on a site colocated with a commercial or industrial operation owned bv the same business. 3.3 Business enqaqed in retail operations _ a business en aed in a sale to a consumer or to an e:¡;son of an item of tanqible personal property for any purposes other than for resale. ~ De artment - The Florida De artment of Revenue. ~ rm rovements - Ph sical chan es made to raw land and structures placed on or under the land surface. All personal property acquired to facilitate an ex ansion of an existin business provided that the ersonal is added or increased on or after the da the ordinance is adopted. personal However ro erty acauired to re lace existin shall not be considered to facilitate a businesses expansion. ~ Sales Factor - A fraction the numerator of which is the total sales of the taxpayer in this state durinq the Struc]( througþ¡. passages are deleted. added. Underlined passages are 7 o :u OJ o o ;:::: o OJ N W "0 ;Þ C) (7] N 0\ o 0\ '-' ....,¡ taxable year or period and the denominator of which is the total sales of the taxpayer everywhere durinq the taxable year or period. (See Section 220.15(5) , Florida Statutes for specifics of computation). Section 1-19.3-56. General. The Economic Development Ad Valorem Tax Exemption is a local o tion tax incentive for new or business which ma be ranted or refused at the sole discretion of the Board. To a 1 for such an exemption a business locatinG or expandinq in the cor orated or unincor orated area of St. Lucie Count must file an application (Florida Department of Revenue Form DR-418.. _ - See Attachment 1) with the Board. Satisfactory proof that the business meets the criteria for exemption as a new business or expansion of an existinq business as defined by this Ordinance must accompany the Application. The Application shall be filed on or before 1 March of the year in which an exemption is requested. Exemption from County tax may only be qranted by the Board. The exemption qranted under this Ordinance shall not accrue to improvements to real property made by or for the use of new or businesses when such improvements have been included on the tax rolls prior to the referendum authorizinq this Ordinance. Section 1-19.3-57. Procedure. Before the Board acts on an application, it must be submitted to the Property Appraiser for review. After careful consideration, £trucJc through passages are deleted. added. Underlined passages are 8 o ::ö OJ o o " o CO N W '" ;Þ G1 (T] N 0\ o ~ '.!.I" '-' '--' the raiser shall re ort to the Board Concernin the fiscal impact of qrantinq exemptions. The raiser's Re ort shall include the followin : ~ The total revenue available to the County for the cUrrent fiscal year from ad valorem tax sources. l...:.. The amount of revenue foreqone by the County for the current fiscal year because of economic develo ment ad valorem tax exemptions previously qranted. .l..:.. An estimate of the amount of revenue which would be foreqone for the current fiscal ,ear if the exem tion is qranted to the new or expandinq business. .!.:.. A After consideration of the report of the Property Appraiser, the Board ma choose to Ordinance the tax exem tion to a business. The Ordinance shall be ado ted in the same manner as an other ordinance of the Countv. The Ordinance shall include the followinq information: ~ L The name and address of the new or expandinq business. The amount of revenue available from ad valorem tax sources for the current fiscal year, revenue foreqone for the current fiscal ear because of economic develo~ment ad valorem tax exemptions currently in effect, and the amount of estimated revenue which "·:auld be foreaone because of the exemDtion qranted to th~ new or expanding business. .l..:.. The ex iration date of the exem tion. U to ten ears from date of Board adoption of the Ordinance qrantin~ the exemption) .!.:.. A findin that the business meets the definition of a new business or an expansion of an existinq business. Struc]: through passages are deleted. added. Underlined passages are 9 0 :u CD 0 0 ;;:; 0 f OJ N W f '1J > ø tt1 N Q\ 0 . OJ f '-" -...I .2..:. The Board I s business no exemption. authoritv to revoke an exemption lonqer satisfies the criteria if the for the Section 1-19.3-58. Fees. Fees charcred to offset the cost of processinq the Economic Develo ment Ad Valorem Tax lication or an Exemption Ordinance shall be adopted by the Board by resolution. Section 1-19.3-59. E1iqib1e Business or Industry. An business or indust as defined in Section 1-19.3-55 Para ra h 3.1 and 3.2 that does not as an ineli ible business or industry as defined in Section 1-19.3-60. When considerinq the issue of whether or not a busiQess or indust is an eli ible business as defined herein the Board shall consider the anticipated number of employees, averaqe waqe, type of industr or business volume of business or roduction or an other information 'relatin to the issue of whether the proposed development would sicrnificantlv improve economic development In St. Lucie County prior to acceptinq the Economic Development Ad Valorem Tax Exemption Application. The criteria for determininq the lenqth of an exemption and the e amount of an exem be formulated b the Board bv resolution. The criteria shall provide for incentives for businesses that employ St. Lucie County residents who establish permanent domicile pursuant to Florida Statutes. Struclc through passages are deleted. added. Underlined passages are 10 o :a OJ o o ;x: o CO N W '1J :Þ G) C1:I N 0\ o \0 '-" -...I -Section 1-19.3-60. Ineliqible Business or Industry. Any business or industry in violation of any federal. state, or local law or requlation qoverninq environmental matters such as air, water, and noise pollution. Section 1-19.3-61. Appeals. The decision of the Board not to qrant an Economic Development Ad Valorem Tax Exemption to a particular business or industry is Sublect only to ludicial review pursuant to the Florida Rules of Appellate Procedure. Section 1-19.3-62 - 1-19.3-70. Reserved. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. Struck through passages are deleted. added. Underlined passages are 11 o ;tJ IJ o o ~ o CD N W '1:1 :Þ C) (t . N 0\ f-1 o . '"'"' ..,J PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART E. EFFECTIVE DATE. This Ordinance shall take effect only upon approval by the voters on November 3, 1992 of the ballot question authorized by the Board in Resolution No. 92-175. PART F. ADOPTION. After motion and second, the vote pn this ordinance was as follows: Chairman Jim Minix AYE Vice Chairman Jack Krieger AYE Commissioner Judy Culpepper AYE Commissioner Havert L. Fenn AYE Commissioner R. Dale Trefelner AYE PART G. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word"" ordinançe" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intentioni provided, however, that parts B to G shall not be codified. Struclc through passages are deleted. added. Underlined passages are 12 o :ö tIJ o o à o OJ N W "C :Þ C'J t"'1 N (J\ f-J f-J ',-, ...I PASSED AND DULY ADOPTED THIS 6th day of October, 1992. ATTEST: BOARD OF COUNTY COHM:ISSIONERSn, ST. LUCIE COUNTY, FLORIDA ...' ~~..'~ CHAIRMAN . .\ ¡ L.; ,~ v APPRO~ TO FORM ~.. lll;rs,~, ð/ oJ. ,l.- COUNTY StruoJ( through passages are deleted. added. Underlined passages are 13 'j o :0 OJ o o " '- o CO tv W '1; :Þ C) tr1 tv 0\ f-1 tv . ~ J Douglas Dixon, ,- -k of the Circuit Court . Lucie County Fi 1e N"urnber: ] ~ 1.. 7 1.. 7 OR BOOK 0 ~-...J.. 3 PAGE 03 5 7 Recorded: 10-27-92 02:43 P.M. RESOLUTION NO. 92-264 A RESOLUTION ESTABLISHING A PROPERTY TAX EXEMPTION PHASE OUT SCHEDULE AND PROPERTY TAX EXEMPTION ELIGIBILITY RATE SCHEDULE FOR NEW OR EXPANDING BUSINESS APPLYING FOR AN ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION PURSUANT TO ORDINANCE NO. 92-24 WHEREAS 1 the Board of County Cornmis sioners of St. Lucie County, Florida, has made the following determinations: 1. On September 8, 1992, this Board adopted Resolution 92- 175 which implemented the provisions of Section 196.1995, Florida Statutes which authorized the Board of County Commissioners the authority to call a referendum on the issue of granting a local Option Economic Ad Valorem Tax Exemption. 2. On October 6, 1992, this Board adopted Ordinance No. 92- 24, which amended Chapter 1-19.3 (TAXATION) of the Code of Ordinances of St. Lucie County, Florida, by creating Article V - Economic Development Ad Valorem Tax Exemption. Enactment of Ordinance No. 92-24 is contingent on a majority vote in the November referendum election. 3. Section 1-19.3-59 (Eligibility Business or Industry) of Ordinance No. 92-24 provides for the formulation of criteria for determining the length of an exemption and the percentage amount of an exemption pursuant to resolution of this Board. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board hereby adopts the Property Tax Exemptions Phase Out Schedule and Property Tax Eligibility Chart, attached 1 - ~ -...I hereto and referred to collectively as "Exhibit A," for purposes of establishing eligibility of a tax exemption for new or expanding businesses pursuant to Ordinance No. 92-24. 2. This Board shall provide incentives for businesses to employ St. Lucie County residents. These incentives shall be the following: a) If a business can verify after the first year of exemption that sixty percent (60%) of its full-time employees have been St. Lucie County residents for at least six (6) months prior to employment then said business shall be entitled to one additional year from the standard exemption as set forth on "Exhibit A." b) If a business can verify after the first year of exemption that eighty percent (80%) of its full-time employees have been St. Lucie County residents for at least six (6) months prior to employment then said business shall be entitled to two additional years from the standard exemption as set forth on "Exhibit A." 3. The Board shall have the discretion to modify the eligibility requirements based on other significant factors including, but not limited to, the following: a) The increase in local employment attributable to the new or expanding business; b) The unemployment and underemployment of the available local labor force and the types and wages of jobs created therein; c) The amount of capital investment purchased by the new or expanding business; d) The ability of the county to otherwise meet its total fiscal needs should the requested exemption be granted¡ e) The cost of any increased local government services, including but not limited to roads, water, sewer, gas and law enforcement, and other direct expenditures associated with that specific business. 2 o ::u to o o à o CO f-J (,¡) "tJ :J> c; t:1 o (,¡) In CO 4 ""' "-tI After motion and second, the vote on this resolution was as follows: Chairman Jim Minix AYE vice Chairman Jack Krieger AYE Commissioner R. Dale Trefelner AYE Commissioner Havert L. Penn AYE Commissioner Judy Culpepper AYE PASSED AND DULY ADOPTED this 20th day of October, 1992. ATTEST: BOARD OF COUNTY COMMI~~ONERS . ST. LUCIE COUNTY, FLqRIDA ~ -.' + ~~'. , Chairman .: . YÆ~~~V;:Q~ Duty;\ClƵ:J(j, ¡p 'b- ..".:,......~ .").;¡. è~" ..- c-- ,\ ... '.'? .~ .r;; /. ?,,:5?~;) \::;;~ ~-j .......): ."~r"" ",:.., '. '"of i(' ,......! ~ .;..;;;' ....'.. ; :"~.J .1 ,..- . .. ... .. '7 ~t,\~tBÌf¿1~l d. By: ~..........,. ...~ , ".? t:"~/. j ..J J. ,¡'<!: ,- APPROVED AS TO FORM AND CORR,ECTNESS: f) I ) -Vl//flJ' /"J~i', . 1 ./,J "-- )!5\ '\:'./~. . \ ? . . County Att-orIJbY / // ./ 3 o ::a t;¡:J o o ;;<: o (J) f-J W "C :Þ CJ t"1 o W li1 I[J '-" '....I PROPERTY TAX EXEMPTION ELIGIBILITY ELIGIBILITY (number of years) NUMBER OF STANDARD 60% SLC 80% SLC EMPLOYEES EXEMPTION RESIDENTS RESIDENTS 10 - 24 5" 6 7 25 - 49 6 7 8 50 - 99 7 8 9 100 - 199 8 9 10 200 + (DISCRETION OF COMMISSION) L~ss than five (5) years is left to the discretion of the Board. "EXHIBIT A" 0 ::a IJ: 0 0 ?: 0 CD f-J lù 'U :> f C1 tI1 0 lù 0\ 0 . "'" ....." ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION APPLICATION Ordinance No. 92-24, St. Lucie County Code of Ordinances, Chapter 196, Florida Statutes To be filed with the Board of County Commissioners of S1. Lucie County, Florida, no later than March 1 of the year the exemption is desired to take effect. Please attach additional information, if necessary or requested. 1. Business Name and Mailing Address: Liberty Medical Supply. Inc.. a wholly owned subsidiary of PolvMedica Corporation. 10045 South Federal Highway. Port St. Lucie. Florida 34952 2. Please give name and telephone number of Owner or Person in Charge of this business: Name: Warren K. Trowbridge. President Telephone Number: (561) 398-5800 3. Exact Location (Legal Description and Street Address) of Property for which this return is filed: Parcel "B" Plat of Town Centre. according to the Plat thereof as recorded in Plat Book 25. Paee 35. Public Records ofSt. Lucie County. Florida. 10045 South Federal Highway. Port St. Lucie. Florida 34952 ~ 4. Date you began, or will begin, business at this facility: April 15. 2000 5. a. Description of the improvements to real property for which this exemption is requested: Complete gutting and renovation of existing improvements to create executive and administrative offices. call center. operating center. 5. b. Date of commencement of construction of improvements: October 4. 1999. 6. a. Description of the tangible personal property for which this exemption is requested and date when property was, or is to be, purchased: See Exhibit "A" attached hereto Date Of Purchase Original Cost Taxpayer's Estimate of Condition Good Average Poor Taxpayer's APPRAISER'S Estimate of USE Fair Market ONLY Value Condition '-" 'wi b. Average Value of Inventory on hand: N/A. c. Any additional personal property not listed above for which an exemption is claimed must be returned on fonn DR-405 (Tangible Personal Property Tax Return) and a copy attached to this fonn. 7. Do you desire exemption as a: x "New Business" or as an "Expansion of an Existing Business" 8. Describe the Type or Nature of Your Business: Administrative offices and call center for distributor of medical equipment and supplies for diabetics. 9. Trade Level (Check as many as apply): Wholesale _ Manufacturing Professional Service Office X Other ---X... 10. a. Number of full-time employees to be employed in S1. Lucie County, Florida: 765 as of January 1. 2001: Approximately 870 by June 2002. b. If an expansion of an existing business: (1) Net increase in Employment_% (2) Increase in productive output resulting from this expansion_ % 11. Sales factor for the facility requesting exemption: Total sales in Florida from this facility-One (1) location only $11.550.888.75 divided by Total sales everywhere from this facility-One (1) location only $166.735.147.00 = 6.93% I2. For office space owned and used by a corporation newly domiciled in Florida: a. Date of incorporation in Florida: N/A b. Number of Full-time employees at this location: N/A 13. If requesting an exemption due to location in a slum or blighted area, please furnish such additional information as required by the Board of County Commission or Property Appraiser: N/ A 2 .. '-' ....". . I hereby request the adoption of an ordinance granting an exemption from ad valorem taxation on the above property pursuant to Section 196.1995, Florida Statutes as incorporated by Ordinance No. 92-24, St. Lucie CountY Code of Ordinances. I agree to furnish such other reasonable information as the Board of County Commissioners or the Property Appraiser may request in regard to the exemption requested herein, I hereby certify that the information and valuation stated above by me is true, correct, and complete to the best of my knowledge and belief. (If prepared by someone other than the taxpayer, his declaration is based on all information of which he has any knowledge.) DATE: 2~? 'J..{i)} SIGNED: ~ Il (~ LJd ) '(Preparer) ROBERT N. KLEIN, ESQ LIBERTY DICAL S ?PLY~ I SIGNED: C- I ,,-- DEAN, MEAD, MINTON & KLEIN (Taxpayer) WAR TROWBRIDGE (preparer's Address) TITLE: PRESIDENT 1903 S. 25TH STREET, SUITE 200, FORT PIERCE, FL, 349 (Preparer's Telephone Number) (561) 464-7700 . PROPERTY APPRAISER'S USE ONLY . 1. Total revenue available to the county or municipality for the current fiscal year from ad valorem tax sources: h~jkQC;,.¡;77 12 Revenue lost to the county or municipality for the current fiscal year by virtue of exemptions previously granted under this section: 106,041. 79 Estimate of the revenue which would be lost to the county or municipality during the current fiscal year if the exemption applied for were granted had the property for which the exemption is requested otherwise been subject to taxation: 13,692.61 2. 3. f . 5. Estimate of the taxable value lost to the county if the exemption applied for were granted: 1, ,)lO h')~ Estimated number of St. . Lucie County residents to be employed in county: 765 Improvements to real property 544, 700 Pe~nal Property qR C; , q C; ~ I have detennined that the property listed above meets the definition, as defined by Section 196.0 12( 15) or (16), Florida Statutes; as incorporated by Ord. No. 92-24, St. Lucie County Code ofOrµinances as a New Business X , as Expansion of an Existing business , or Neither Last year for which exemptionmay be applied: at Boar ' 4. 6. DATE: SIGNED: 7. RETURN TO BE FILED NOT LATER THAN MARCH 1 3 '-' """" . ORDINANCE NO. 01-16 AN ORDINANCE RELATING TO ST. LUCIE COUNTY. FLORIDA. TO ENCOURAGE ECONOMIC DEVELOPMENT IN THE COUNTY; ESTABLISHING AN EXEMPTION FROM CERTAIN AD V ALOREM TAXATION FOR LIBERTY MEDICAL SUPPLY. INC., 10045 SOUTH FEDERAL HIGHWAY. PORT ST. LUCIE. FLORIDA. A NEW BUSINESS; PROVIDING THE AMOUNT OF REVENUE AVAILABLE FROM AD VALOREM TAX SOURCES FOR THE CURRENT FISCAL YEAR AND THE AMOUNT OF ESTIMATED REVENUE FROM THE CURRENT FISCAL YEAR WHICH WOULD BE LOST BECAUSE OF THE EXEMPTION GRANTED TO LIBERTY MEDICAL SUPPLY, INC.; PROVIDING AN EXPIRATION DATE OF THE EXEMPTION FROM THE DATE ON BOARD ADOPTION OF THIS ORDINANCE; PROVIDING A FINDING THAT LIBERTY MEDICAL SUPPLY. INC. MEETS THE DEFINmON OF A NEW BUSINESS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE 4 · · ~ BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY. FLORIDA: · ARTICLE I · Short Title This Ordinance shall be known as County Ordinance No. 01-16 "Economic Development Ad Valorem Tax Exemption - Liberty Medical Supply, Inc. ARTICLE II Procedure After consideration of the report of the Property Appraiser and in accordance with the procedure set forth in County Ordinance 92-24, "Economic Development Ad Valorem Tax Exemption Regulations of St. Lucie County. Florida", the Board grants and establishes an '-" "-" t exemption from ad valorem taxation of the assessed value of Liberty Medical Supply, Inc., 10045 South Federal Highway, Port St. Lucie, Florida, in accordance with the following exemption phase out schedule: Year 1 (Fiscal Year 2001-02) Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 100% 9070 8070 7070 6070 5070 40% 3070 2070 1070 , No exemption shall be granted on the land on which improvements are made by Liberty Medical Supply, Inc. ARTICLE III Ad Valorem Tax Revenues . Total revenues are available to the County for the current fiscal year from ad valorem t tax sources is $68,695,677.12. Revenues lost to the County for the current fiscal year by ad valorem tax exemptions under this section currently in effect are $106,041.79. Revenues to be lost by granting of this exemption for the current fiscal year are estimated to be $13,692.61. ~ ""'" ARTICLE IV Expiration Date The Economic Development Ad Valorem Tax Exemption granted to Liberty Medical Supply, Inc., a new business shall be for ten (10) years from the date of Board adoption of this Ordinance. ARTICLE V Finding The Board of County Commissioners of St. Lucie County, Florida, finds that Liberty Medical Supply, Inc. is a new business as defined by St. Lucie County Ordinance No. 92-24 and Section 196.012(16), Florida Statutes. The Board reserves the right to repeal the exemption if Liberty Medical Supply, Inc. no longer satisfies the criteria set out above. t t ARTICLE VI . . Severability If any section, subsection, paragraph, sentence, clause, phrase, or portion of this Ordinance is for any reason found void, invalid, unlawful, or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, independent, and severable provision and such holding shall not affect the validity of the remaining portions of this Ordinance. '-' '-" ARTICLE VII Effective Date This Ordinance shall take effect upon receipt of notice of filing from the Secretary of State. ARTICLE VIII Adoption After motion and second, the vote on this Ordinance was as follows: . Chairman Frannie Hutchinson xx Vice Chairman Doug Coward xx Commissioner John D. Bruhn xx Commissioner Paula Lewis xx Commissioner Cliff Barnes xx PASSED AND DULY ADOPTED this _ day of ,2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney '-' ....." AGENDA REQUEST ITEM NO. C-4 DATE: September 11,2001 REGULAR ( ] PUBUC HEARING ( ] CONSENT (XX] TO: BOARD OF COUN1Y COMMISSIONERS PRESENTED BY: Joseph D. Finnegan SUBMITTED BY(DEPT): Risk Management SUBJECT: Lincoln Reinsurance/John Alden Reinsurance Policy 10/1/01-10/1/02 BACKGROUND: The annual renewal for Specific Stop Loss and Aggregate reinsurance for the Group Health program will be effective October 1,2001-2002. The Stop Loss deductible will remain at the current level of $125,000. The present estimated premium levels for the employer and employee contributions include this additional premium based on the programs current revenues and expenses. FUNDS AVAIL.: Funds are budgeted in 505-1900-523001-(various) , PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval of renewal contract effective October 1,2001 as set forth in the attached documentation and the implementation of the Beechstreet Wrap-around network. COMMISSION ACTION: ,. K] APPROVED [] DENIED [ ] OTHER: (~ 'tt-- County Attorney: v Originating Depl. ~ Finance: (Check for opyonly. if applicableL Review and Approvals Management & Budget: !J¡nJ mlV'fl_ Other: ~'-I Dou as M. Anderson County Administrator Purchasing: ~ Other: . Eff. 5/96 . ~ -.....I MCCREARY CORPORATION Au¡ust 28,2001 St. Lucie Baee Mr. Joe Finnegan 2300 Virginia Ave. Ft. Pierce, FL 34982-5632 RE: ~OOI-1001 Sel'-Fuaded Health Plaa ReDewIl Dear Ioe, We have completed our analysis of the above renewal as provided by the reinsurer Lincoln RE as well as Hartford Life and Standard Security Life. The attached spreadshcct compares the current cost by option with the Lincoln RE renewal, Hartford and Standard Security. We requested a quote from Allianz Life, however they would not release a quote without the approval to 1azcr ccr1ain individuals with high claims. Based on the infonnation on the attached spreadshcct, renewing with Lincoln Rc seems to be the best alternative. The fixed premium for specific and aggregate coverage increased by 10% due to increase in medical trend and hi¡her than expected claims cost. However, the aggregate claims factor is increased by 19.9%. This results in an overall renewal for the plan 0 f about 19.1 % to the maximum plan costs. The increase last year was a greater percent on the reinsurance prcmiwns - 23% va 10%, this year. Last years over-aU increase, which includes full claims liability, was 14.78% VB 19.1% this year. Lincoln RE has give a renewal to maintain the current stop loss deductible at $125,000. Please see the attached large claims list, noting five of the ten claimants had cla.ims over the $125,000. Two are deceased, One terminated, Three are recovered, and FOUl are on-going or recovering. The UniPsych benefits are remaining flat. If you have any questions, please do not hesitate to call me at (561) 287-7650 ext. 452. Sincerely, ði£R~ Lisa Powell _u ~ . 'n._._...u c:...... ~,b ~99-& . 1561\ 287·7650 . PAX (561) 287-1381 ~ - - I .~ ~ .tJ .i .¡ .~ '! '! ~~~~~J! ! .I! .§ j ] or ií I;!!;; ¡ J ~ ~ 8 j~~~l i J! ~ is ~ .¡ ~ _"l"!";¡s! o .i·ã:iV~¡;; :i .-¡ :J 1 ;¡ Ii Ü .';: ~ :tllu ..¡~ ~ aI ~ Ii; ë ¡ õ ë ë c ~~~~~ij 8 8 888 8 8 8 888 8 ------ ~~~~~sP'l ø\ .,.; 0-: ... cd - 0\ ~~~r¡'i~&1 ~~~~!~E; ",;;~t; "'¡;; I! tI 8 u .. " ~ig j~ J~I ~~ - N ...., .,. V") \G i i i j i i u I.ì ð f.J ð 0 ! ~ ~ ~ ~ ~ ci5üici5üiüjD; \w -......I ~~usin~ss Insurance - Editorial - UPdat~ ......, ~. - -= -. '~.... - --- ~":rd;,;;ç.tó.~ _._~ ;,..~ . . - ^ r ~ Updates .........~-__...-. -I' ~.... --........-...__ CIIII .. Sign up for Business Insurance Updates by E·mail Here EDITORIAL <4 Updallts <4 Opinions <4 Comment:IfY <4 BI Stock T1<:ker .. DirKtories <4 Cybarba¡1t <4 Editorial Sbltf <4 About BI 81 SERVICES <4 BI Editorial Calendar .... Datebook .. Servic.. .... 81 Events <4 Online Forum <4 Subscription Services .. Unk. <4 Contact 81 <4 81 Update. by E-mail ARCHIVES .. Search Archiyes .... Sub1icribe to Archives .. Renew Subscription ADVERTISING .... Online Medi.a. Kít .... Classified. <4 Adwrtising 5t;aft .. Home Search businessinsurance.com: ..~-_.. ..~-_._- . August 22, 2001 St. Paul raises rates on med mal risks NEW YORK-In response to losses on medical malpractice liability business, The St. Paul Cas. Inc. has raised rates and is walking away from some health care risks. Health care liability "is the most dramatically underperforming segment of the marketplace," Michael Miller, executive vþ-global specialty practices for St. Paul, said Tuesday at a press briefing in New York. The St. Paul, Minn.-based insurer said it has raised its medical malpractice liability rates for large hospitals an average of 76% on policies that have renewed this year and has not renewed some policies. The price increases have become steeper in recent months, with the average renewal in July up 103% from last year's rate. In addition, the company has received regulatory approval to raise medical malpractice rates for physicians in 25 states, with applications pending in three more, Mr. Miller said. These increases range from 10% to 65%, he said, with the average increase around 20%. Because of the serious losses recorded by large hospitals, St. Paul plans to reduce its health care liability business in that market, dropping its market share to less than 20% from 25% currently, Mr. Miller said. This will be accomplished by exiting some geographic regiøns http://www.businessinsurance.com!edi toriaVupdates. E.hp3 ?action=view &id=23 5 3 Page 1 of2 -, . 8/23/01 \... ."-tI FW New York Times Article regarding increases in Medical Costs.txt Medical Costs .Surge as Hospitals Force Insurer;s to Raise Payments By MILT FREUDENHEIM Many hospitals are winning sharply higher payments from insurers, and the efforts by insurance companies to pass those costs along t o employers and consumers are contributing to the most rapid surge i n medical costs in years. Medical costs increased 10 to 15 percent in the first quarter for the biggest insurance companies after averaging 5 to 6 percent for a decade. Experts expect them to keep rising. And health maintenance organizations are asking the employers that. are their biggest customers for increases 1n premiums averaging 18.3 percent , according to a preliminary estimate by Hewitt Associates, with proposed increases as high as 60 percent. The rising medical costs come from both new and familiar sources. . A growing number of hospitals are becoming more powerful in their regions through mergers and acquisitions. As they take control of more of their local markets, they are using their enhanced market power to demand major increases in payments from health insurance companies. Some have effectively fired insurers that refused to pa y up, refusing to accept patients covered by those plans. A few hospitals have demanded increases as high as 40 to 60 percent for some services. Often, these hospitals have received no increase in payments tor years. Now, among other challenges, they are contending with risin g labor costs for nurses, pharmaC1sts and other workers in short SU~~ly. In New York, Mount Sinai, New York Presbyterian and North Shore- Long Island Jewish extracted double-digit increases from some insurers in the most recent contracts. In Boston, Partner~ Healthcare, which includes Massachusetts .' Page 1 ~ ......, FW New York Times Art±cle regarding increases in Medical Costs,txt board." For example, medical device makers like Medtronic Inc. and the Guidant Corporation are racing for regulatory approvals for implan t devices that prolong the lives of patients ~ith congestive heart failure. The devices are expected to cost up to $25,000 each. "Many more people are getting more sophisticated things," said David Cutler, a Harvard University professor of economics. More than 50 percent of Medicare beneficiaries now have an angiogram to examine their arteries atter a heart attaCK, compared with only 10 percent in the early 1980's. Such technologies help extend lives, but they are costly. An angiogram Costs $3,000 to $4,000 at a big metropolitan teaching hospital. Some of the largest insurance companies have, meanwhile, dropped reviews of doctors' orders and other so-called gate keeping measure s that had kept some medical costs in check. Some plans are even moving away from charging monthly capitation fees for each member, said Kenneth L. Sperling, a consultant at Hewitt Associates. Capitation enraged doctors, but did keep costs in check because doctors had a stake in keeping down costs. "Getting away from capitation is not good for keeping costs under control," said Paul B. Ginsburg; president of the Center for Studying Health System Change, a nonprofit research center in Washington. Instead, the insurers are going back to paying a fee for each service and Some health plans are again requiring patients to pay 20 percent of the fee, just as they did before managed care, instead of covering all but a few dollars. The accelerating medical costs have caught several large insuranc e companies off guard. This month, Aetna Inc., .the nation's largest health insurer, reported a quarterly loss after medical costs rose 15 percent. The Cigna Corporation, the third-largest managed Care company, said that costs rose 11 percent in the first quarter. Cigna had expected an increase of 8 or 9 percent. Dr. John P. Rowe, chairman and chief executive of Aetna, parried questions about ~hether his policy of loosening restraints on doctors and creating a "kinder, gentler" Aetna had opened the way for rising costs. But securities analysts ~aid the connection was plain, at Aetna and other in~urers. . Page 3 '. ~ ......., FW New York Time3 Article regarding ~ncreases in Hedical Cos~s.txt will pay $5 for generic drugs, $15 for approved brands and $30 for other drugs for a 3D-day supply. The changes will bring the ~vera9 ~remium increase1at the organization to 6 percent, instead of 15 t o 18 percent, for 970,000 H.M.O members in 2002. To offset rising costs in plans that include fewer managed care strictures, the organization adopted premium increases of 16.4 percent and 24.4 percent late last week, for 200,000 members in tw o preferred provider organizations. As costs rise, some economists said, the growing unhappiness caul d stoke popular demand for political solutions, and even revive interest in a national single-payer health system like Canada's. "In 1991 and 1992, the last time a business slowdown coincided with double-digit inflation in health costs, people started to tal k about universal health coverage," recalled Uwe Reinhardt, a Princeton University economist. Instead, employers placed their faith in managed care. http://www.nytimes.com/2001/0S/25/businessI25COST.html?ex=99234454 7&ei-l&en= <http://www.nytimes.com/2001/0S/25/buSinesS/25COST.html?eXE9923445 47&ei=l&en . -> 84f9bb141e23c14b Copyright 2001 The New York Times Company Producer web site - producer/agent into http://www.aetnaushc.com/producer/index.html <http://www.aetnaushc.com/producer/index.html> Aetna Pharmacy Formulary - available medications http://www2.aetnaushc.com/formulary/searCh.jSp <http;//www2.aetnausnc.com/formulary/search.jsp> . paqe 5 \,., j ... ......, ~ ,,~ Tilble2 ¡ J ...___......_..........__.__............._....................._..............~__.._..._.. income- per capita crute signÜÌcanr measurement issues so that the shan: of gr0S5 dome.¡tic prodUCt becomes the best measure ofhca1th spcndin¡ CF'lpe 2). In the shott run, the best indicator of fu= spending b the tare of growth in health expenditures for r.he !neSt rectnc year. &cause such data arc often rnoæ than a yCllr old. recent health JerVices employment measures provide a UIeÑI SUWIemenc. Wlatíon foœasts and doJJar spendine comrnianena already made b 2000 (insunnœ COntr2Cl:S, fedcra1 and rrate budgea. union. wage agreements) also can b.: used ~ Îr!1Prove pmjl!CtÍOnl £or the near term but are unreliable for more than a few ycus in~ the futUre. Other facton cornmoIÙY di,¡cU55ed U affecting spending, such u popula- tion a¡:in¡:, illness 3everiry and utiliza- rion. or develop menD in medical rechnoloeY. do not add appreciably to the accuracy o( ,hort-run forecasts. While ¡uch variables may be helpful in pinpointing or projCCt- ~'shiks in3pCndine from one Otganizarionto :" another, or across re¡:ions, types or providen; or insurance plans, they aeace o£t'.\cttine uansfcn within the system trun leave the rota! o( national health expenditures unchanged. Nor do such variables have much impact on medium-run forecasts. which are dominated by budgetary tic:tOrs related to the erowth o( national income and thc tax and wage revenues it generates. ~onsuml!r assessments of care. HMOs vs. non-HMO$. HM~ NOn-HMOI Plfhrenœ ~aion (¡»Ianr.ge vel)' Silttm~ With GVer4l11 CoInI! _.........................sa% ........._.63% ...._-5% WillI PO' choice --..................-._...55_..........69 -....-........5 WrtII spec¡.lIsr dlOiCl_.-........_.....68............_.76...._....__7 ~ of Ian ph~n IIIIh ~gge gMng uœllent lilting) Thoro"9hna¡ of e..fm .--............36._._.__..)9_._.-4 Oocrðt's listening .-.:.-.-''.---__.A 1__._44_..._.._-3 D~ exp il\lti~...____--42..__..___...S._.._.._.._-3 P.r/ent tn/It In p/I~n (peIœn~ strDngly itglWillg) Doctor putS medical .----.....-...........63.""............59..._..__.-6 need$ fim Doctorwill re1er...-.........._..............64.._____.71__._..-7 Whenn~ Doctor will not pcrlorm._........_....._IiL_... -.._.67....................0 UMtaSIoIry tam - ,.,.."..;. 0IIf_ 110... """0IInded. . SOuAQ: ClHID '0' $T\ DV1HC 1llAl.T>f M!Ð.I 0U0NII1. /JSIJI ._ NO. J& MAACH 2000 () T= 01 ÙIiI I..... Bn4 is ¡""labLo on w II\IOn\Ot. Wcboir.e; ÀIIp:f/-~.orl (eli<.k 01\ "CaIto. MIic:aDoN." d..a '1uue Bnolo"). .... . ..,...... .... ..". ,.." .. Forecasting Health . Expenditures: . Short, Medium and Long (Long) Term Ttlom4ls E. Getzen. )o"rn,1 of Health Cire Fln.n". Spring 2000 "The chDice of an appropriatc unit o( mea- surement for health spe:nding depends on the leneth of the timc period to be forecast. For the shott run, one to three ycar¡, total current dol- lar amOuna arc ~ bccaucc they match the tcrms of observable contractual commirment¡. For the medium run, five years or more, \ICe o( real per capita spending automaticallyaeatelS .j appropriate adjwrmenr (or inflation and anticipated population growth and alloWJ for COInpari.son:s with the per-person CÖ$t: in smaller units such as a hac- pital, insurance plan, Or regional authority. For the lon¡r run, inflation and growth o( real ofl15lCO . c-o....¡ Figure 2 ...............................................-..................................---.......-................ Health share of gross domestic product, 1850-2050. 3D" 20% ~ ... .. 10% 5_ e" J" 3% " '''' - ---.- . - - .. .. .. " " IISD ,* 11SD 2ODO lDSG 10UIa: ~1ntN. JO~ CI' >IlAL1H ~I 'WANCl, SPIII o G 2DGO s \ "'" '-"" ... AGENDA REQUEST ITEM NO .(}SA DATE: September 11, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] . TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: . SUBMITTED BY(DEPT): Utilities Deuartment william R. Blazak SUBJECT: Request approval to purchase a laptop computer to be utilized by the department director and for remote use for the department as necessary. Request approval of EQOl-295 and BAOl-180 in the amount of $3134.00. 4 FUNDS AVAIL: 441-3600-564000-300 ~ PREVIOUS ACTION: RECOMMENDATION: Approval to purchase a laptop computer to be utilized by . the department director and for remote use for the department as necessary. Request approval of EQOl-295 and BAOl-180 in the amount of $3134.00. t [ ] APPROVED [] DENIED [x] OTHER: Pulled prior to meeting. E: COMMISSION ACTION: \'~"':_-' o Anderson County Administrator ~<....J. , County Attorney:X ,,::!! /'ÄJI, "r¡I/I" V Originating Dept:X i \iO;L! .. . Finance Director: (éheckl for .Copy only, ;\ Coordination/Sianatures Mgt. & Budget: ¡Ú/J IVlvYI~ Purchasing Other: if apphcable) Other: Eff. 5/96 - '-' '-' BOARD OF COUNTY COMMISSIONERS UTILITIES DEPARTMENT WILLIAM OLAZAK DI PKTOR MEMORANDUM TO: Board of County Commissioners J'l/ William Blazak, Utility Director ~~[ø September 11, 2001 FROM: DATE: RE: Laptop PC Purchase BACKGROUND: The Utilities Department currently has one laptop used by the Utility Services Manager for budget work and utilities work both in the field and after hours. An updated laptop is requested to be utilized by the Department Director and to be utilized for presentations for customers, working groups and other meetings. The total cost of the laptop recommended by the Information Technology department is $3 I34.00 which includes the necessary software. RECOMMENDATION: Staff recommends that the Board approve the purchase ofa laptop for the Director of Utilities at a total cost of $3134.00 and approval of EQ01-295 and BAOl-lSO. JOHN D. ßRUHN. DiStrict No.1· DOUG COWARD. District No.2· PAULA A. LEWIS. District No.3. FRANNIE HUTCHINSON, Districr NO.4. CLIFF GARNES, District No, 5 County Adminisrroror - Douglas M. Anderson 2JOOVirginioAvenue ~ ForrPierce,FLJ4982 ~ Phone(561)462-1150. FAX(561)462-115J ~ '-' -j BOCC St. Lucie County 2300 Virginia Ave. Ft Pierce, FL 34982 Send To: UTILITIES ATTN: WALLACE, PATRICIA P.O. No Terms Net 45 days Brand Microsoft Description Powerpoint 2002 License PC Anywhere HostlRemote Ver. 10.0 Notebook Laptop PC Powerpoint 2002 Disk Kit Symantec Howard Microsoft Ship Date 6115/01 .~ Quote Date 6/15/01 Quote No 1118 Work Order No 8538 Price $178.00 $187.00 $2,750.00 $19.00 To,e goods and¡~ services as quotw hereon have been requested in the quantiry ana qualiÌ'f atated. Acct# Date Signed Nama -& Title Quotes are valid for 30 days. Prices are subject to change without notice. Quantity Subtotal $178.00 $187.00 $2,750.00 $19.00 Total: $3,134.00 Friday, June 15, 2001 Page 1 of1 \. .J ~ ¡ - BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: UTILITIES PREPARED DATE: 08/31/01 AGENDA DATE: 09/11/01 ACCOUNT NUMBER ACCOUNT NAME AMOUNT TO: 441-3600-564000-300 Machinery and Equipment $3,134 FROM: 441-9910-599300-800 RESERVES (NHI) $3,134 REASON FOR BUDGET AMENDMENT: To purchase a laptop computer for the Utilities Director. EQ01-295 CONTINGENCY BALANCE: n/a THIS AMENDMENT: n/a REMAINING BALANCE: n/a DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: 01-180 DOCUMENT # & INPUT BY: G:IBU DGETlQuattrolGENERAL IFORMSIAMENDMO 1. wb3 . - ... ....., , . ~ s; I.U a:: 0 c < c C") , c g "I- <0 I It) I- , c I/) C <0 D:: CIJ CIJ ~ C? w ~ ~ ~ ,... Z.... "I- "I- Oe;» I- -Q Z I/)Q W ~ I/)Q.... :E :!ENQ W, Cb ~ :!ED::Q U Cb <eN « :oS o W ~ ...I' a.' ·5 ö:: O>~ w "i: w >..JD:: c ~ m I-<eW w ~ :E Zom c w ~ ::) z ë z ::::)(/):!E w z 0 w - I- OÜ:w :E > C) E z 0D::I- :E 0 z ~ ::) U.oll. 0 0:: ¡::: "- 0 u a. en oE u Ou.W w a. X ;: u Ol-(/) 0:: « ~ 0 ~ ::: D::(/)" (\ <eWW .E 0::::)1- "- mo~ .E 0 >-W<e ~ I-D::o [, '6 ZI-z ... c:: ::::)ZW CI> OWe> ~ O:!E« ttI W~ f -::::) 00 I' Cb 3w :t .s ï:: È.,¡ ..,; - .!!¡ Q , '1:J c:: I/) Cb .0 '0 "I":: c:: ' '- ttI :::: ...... ..!!! -:q¡ ..!!1 CI> '" c:: .Q~ ¡¡¡ =:::0. .5 '§: ,5 æ ~ ü §-Cb It) -'" ::3 a.. 0.::3 0'> ¡:: ::r:. g "I- ttI "- (\¡ ..,JoE , :J 'Ë C") ..... ¡:: 9 ,.... . .!!¡ '1:J C ~ ttI C") ¡:: § c ;::, -J (, . I.U ¡:.: :it z CJ ¡:.: ::) z w 0 0 0:: Z ¡:.: :E ¡::: I- W :E z « « z z W I- 0 W ~ 0 :E w ii: :E « ü5 a. C) ¡::: a. a. :> 5 c en 5 w CJ ::) ::) CJ c Õ w m .., w '-" ...,.¡ AGENDA REQUEST ITEM NO. C-5-B DATE: September 11,2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): Utilities Department William R. Blazak SUBJECT: South Hutchinson Island Utility District award of St. Lucie County Bid # 01-035, Force Main Interconnect and Lift Station renovations. The low bidder is Hutchinson Utilities Service Corp. in the amount of $295,453.00 FUNDS AVAIL: Funds will be made available in Fiscal year Budget 2001-2002 (FY02) in 451-3510-563000-35003 PREVIOUS ACTION: BOCC granted permission to advertise for bids. RECOMMENDATION: Staff recommends that the Board award St. Lucie County Bid # 01-035, consistent with Camp Dresser & McKee's recommendation, to Hutchinson Utilities Service Corp. (low bidder) in the amount of $295,453.00. Staff further requests that the Board authorize the Chairman to execute the contract with Hutchinson Utilities Service Cor. As approved to form and correctness by the County Attorney. [ X] [ ] APPROVED OTHER: DENIED COMMISSION ACTION: coordination/Siqnature~~ Mgt. & Budget: 1tZC ¡ÎÌ n D! Purchasing Other: if applicable) Other: Eff. 5/96 '-" "wi BOARD OF COUNTY COMM!SSIONERS 4 UTILITIES DEPARTMENT WilLIAM ßLAZAK DIP-EGO!', MEMORANDUM TO: Board of County CoffilIÙssioners FROM: .,] I William Blazak, Utility Director \ ~(¿Ø September 11, 2001 DATE: RE: South Hutchinson Island Utility District - Bid # 01 - 035 Force Main Interconnect and Lift Station Renovations 4 BACKGROUND: The scope of work involved with this contract involves the renovation of lift stations and the extension of the system's force main to the Martin / St. Lucie County line. The lift stations that are to be renovated are stations that were part of the J&J Utility Services District and were not part of the original construction project for South Hutchinson Island. The stations are also the last down stream stations in the respective collection areas and will be consistent, with regards to operation, maintenance and ownership in entire South Hutchinson wastewater collection and conveyance system. The Nettle's island Installation will include a pumping station to convey wastewater trom the beach property to the County owned Master Lift station located in Nettle's Island. In addition to the lift station work an emergency force main interconnect will be constructed to the Martin / St. Lucie County line as agreed upon and part of the Beach Club Colony acquisition. The emergency interconnect will allow for either County to convey wastewater in an emergency situation to respective treatment facilities to avoid any potential damage to the environment. The force main extension will be metered so that if any wastewater is received trom Martin County treatment fees can be charged. The contractor will be awarded the bid and enter in to a contract to perform the work, however a notice to proceed will be contingent upon receipt of all required easements for the project. 4 RECOMMENDATION: Staff recommends that the Board award St. Lucie County Bid # 01-035, consistent with Camp Dresser & McKee's recommendation, to Hutchinson Utilities Service Corp.Clow bidder) in the amount of$ 295,453.00. Staff further requests that the Board Authorize the Chairman to execute the contract with Hutchinson Utilities Service Corp. as approved to form and correctness by the County Attorney. JOHN D. ß~UHN. District No.1. DOUG COWA~D. District No.2. PAULA A. LEWIS, District No. J . FRANNIE HUTCHINSON, District NO.4. CLIFF ßA~NES, District No.5 Counry Administrator - Douglas M. Anderson 2300 Virginia Avenue · Fort Pierce, Fl34982 · Phone (561) 462-1150 · FAX (561) 462-1153 CDM Camp Dresser & ~Kee rne. -.....I consulting 1701 S1a~2 Fcad~-1-A, Suite 301 engineering '-¡'era BeaCh. ¡=icricéi 22963 construction Tai: 561 231 -4301 Fax: 561 231-4332 operations June 8, 2000 Mr. William R. BIazak Utilities Services Director St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34954 Subject: St. Lucie County Force Main Interconnect and Lift Station Renovations SLC Bid No. 01-035 CDM Project No. 6277-26922-082 Evaluation of Bids Dear Mr. BIazak: Bids were received from two contractors for the referenced project on May 15, 2001. The bidders and bid prices are summarized in the certified Bid Tabulation attached to this letter. The bidders are listed beIow, along with their Grand Total Base Bid amount, which is the basis of determining the apparent low bidder. . Bidder Grand Total Base Bid 1. Hutchinson Utilities Service Corp. 2. TLC Diversified Inc. $295,453.00 $387,387.00 Engineer's Estimate $300,000.00 The Iow bidder on the project is Hutchinson Utilities Service Corp. with a Grand Total Base Bid of $295,453.00. Each of the bidders supplied a bid bond or security in the amount of five percent of the Grand Total Base Bid. Each bidder acknowledged receipt of Addenda Nos. 1 and 2. Bids for this project are valid for a period of ninety days and expire on August 16, 2001. The difference between the low and high bidders was $91,934, or approximately 20 percent. The engineer's estimate prior to opening of bids was approximately 1.5 percent higher than the lowest bidder. " There were no alternate bid items :included in the Bid Form. . ,~. ..:.... j rb3652.doo CDM Camp Dresser & McKee I~ . \ .."" Mr. William R. Blazak June 8, 2000 Page 2 Hutchinson Utilities Service Corp. submitted the following information as required by the Bid Documents. · Trench Safety Act Certificate (Section 00301). · Bid security (Section 00410, surety bond, cashier's check or certified check). · Power of attorney (for surety bond only). · Questionnaire (Section 00430) · Schedule of Suppliers (Section 00450) and Alternate Suppliers (Section 00460). · Non-Collusive affidavit (Section 00480) · Corporate authority to execute Bid (Section 00485, any corporate employee other than president or vice-president) · Proof of St. Lucie County Certificate of Competency The following suppliers were indicated on the Schedule of Suppliers (Section 00450) submitted with the bid: Item Equipment Item or Material Bid or Supplier 1 Submersible Grinder Pumps 2 PVC Pipe 3 Ductile Iron Pipe and Fittings 4 Plug Valves 5 Magnetic Flow Meter A. FIygt A. J,M. Mfg. Co Inc. A. American A. DeZurik A Fisher - Porter No alternate suppliers were listed. The following subcontractors are proposed by the Contractor. · Directional Bore - American Underground, Stuart, FL · Electrical- Advanced Electrical, Jensen Beach, FL · Asphalt - Pavco Construction, Stuart, FL · Painting - Glisson & Sons, Inc., Vero Beach, FL Hutchinson Utilities Service Corp. has been in business as a General Contractor for 18 years. CDM contacted the following references: · John Polley, Martin County, Martin County, FL · Wayne Vonada, City of Vero Beach, Vero Beach, FL · Dave Peters, City of Stuart, Stuart, FL Based on the references that we contacted, we have determined that Hutchinson Utilities Service Corp. is qualified to carry out the obligations of the contract in a satisfactory and timely manner. rb3652.doc CDM Camp presser & McKee ~ ...,.¡ Mr. William R. Blazak June 8, 2000 Page 3 t Accordingly, CDM recommends that the County award a construction contract to the lowest responsive, responsible bidder, Hutchinson Utilities Service Corp. of Stuart, Florida in the amount of $295,453 for the Force Main Interconnect and Lift Station Renovations. If there are any questions regarding the bids, the low bidder, Hutchinson Utilities Service Corp., or our bid evaluation and recommendation of award, please contact our office. Very truly yours, CAMP DRESSER & McKEE INe. fl,PE t EJGjrb File: 6277-26922-082 cc: Wayne Davis Patty Wallace . rb3652.doc '-' "WI f AGENDA REQUEST ITEM NO. C-S-C DATE: Septemberll,2001 CONSENT [X] j REGULAR [ ] PUBLIC HEARING [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: ~ SUBMITTED BY (DEPT) : Utilities Department William R. Blazak SUBJECT: Approval of a Work Authorization with Camp Dresser & McKee for the South Hutchinson Island Utility District. The scope of work to be performed relates to services during construction for the Force Main Interconnect and Lift Station Renovations. The amount of the Work Authorization is $25,000.00 (upper limit not to exceed) . f FUNDS AVAIL: 451-3510-563005-35003 PREVIOUS ACTION: BOCC approved work authorization for design and permitting. 4 RECOMMENDATION: Staff recommends that the Board approve the Work Authorization with Camp Dresser & McKee in an amount not to exceed $25,000.00 . [ X] [ ] APPROVED OTHER: DENIED derson Administrator COMMISSION ACTION: 11 '_1'( 'i../~ County Attorney:X ;' 1 /)! I . , \ :"l-.1!' t.-\II// Originating Dept:X dV,¡,'C,I//y(../ Finance Director: (Chéck for 'COP] only, Coordination/Siqnatures Mgt. & Budget: Jt.o fyl{r-~ Other: if applicable)____ Purchasing Other: Eff. 5/96 '-' '-" BOARD OF COUNTY COMMISSiONERS UTI UTI ES DEPARTìAENT WilLIAM IJLAZAK DIREGOR MEMORANDUM TO: Board of COlU1ty Commissioners ,/ William Blazak, Utility Director \,((\8 FROM: DATE: September 11, 2001 RE: Work Authorization - South Hutchinson Island - Camp Dresser & McKee BACKGROUND: This work authorization is for services during construction and will consist of field inspections, preparation of certified record drawings, progress reports, review and coordination of all shop drawings, fmal certifications to FDEP and project quality management to meet budget and time constraints. The amolU1t of the Work Authorization is an upper limit amolU1t not to exceed $25,000.00. The services provided by the Engineer will allow for Utilities to provide engineering representation through the project and coordination of all field activities related to this project. Final record drawings and certifications to The Florida Department of Environmental Protection will ultimately close out the project. RECOMMENDATION: Staff recommends that the Board approve the Work Authorization with Camp Dresser & McKee in an amolU1t not to exceed $25,000.00. JOHN D. DRUHN. District No.1' DOUG COWARD. District No.2' PAULA A. LEWIS. District No.;) . FRANNIE HUTCHINSON, Districr No.4' CLIFF GARNES, District No.5 County Administrotor - Douglos M. Anderson 2300 Virginia Avenue · Fort Pierce, Fl34982 · Phone (561) 462-1150 · FAX (561) 462-1153 '-' ~ WORK AUTHORIZATION Professional Services South Hutchinson Island Wastewater Facilities Lift Station Renovation and Force Main Interconnect COO-03-233 Pursuant to that certain Agreement Between County And Engineer for Continuing Engineering ServICes (the "Agreement") between St. Lucie County (the "County") and Camp, Dresser & McKee, Inc. (the "Engineer") dated March 14,2000, Engineer hereby agrees to provide professional engineering services under the terms and conditions set forth in Exhibits "A", ·B", ·C", and "D". IN WITNESS WHEREOF, the County and the Engineer have executed this Work Authorization, effective this _ day of , 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY CAMP, DRESSER & McKEE, INC. By: a~A ,/ Print Name:~ 1.\. Y'\A16'-'Þ; '~JÞ~ Title :_~ b c.:.. '" g: \atty\agreemnt \ work.allt\cdm-shi -lift station.Ol. wpd '-' .....,¡ EXHIBIT'~~" ST. LUCIE COUNTY, FLORIDA SOlJTH HUTCHINSON ISLAND W ASTEW A TER FACILITIES LIFT STATION RENOVATION AJ.'ID FORCE MAIN INTERCONNEcr SCOPE OF SERVICES INTORDUCTION Camp Dresser & McKee Inc. was authorized and has completed plarming, design, and permitting services (phase 1) for the renovation of foUT lift stations, construction of a new lift station, and extension of the wastewater force main to the Martin County line. ., The scope of services included herein (phase II) breaks down the services req1.rired for general, special, and resident services during construction of the proposed work: PHASE II - TASKS 4.0,5.0 AJ.'ID 6.0 TASK 4.0 - GENERAL SERVICES DURThfG CONSTRUCTION General engineering services during co:nstruction of the work witJ:rin the South Hutchinson IsIand Wastewater Collection and Reclaimed Water Distribution System will be provided for the estimated co:nstruction contract period of 120 days (4 months) to Substantial Completion and 150 days (5 months) to Final Completion and readiness for the final payment. The general services during co:nstruction shall include the following task: Subtask 4.1 The B'JGINEER will consult with and advise the COUNTY and act as its representative as provided in the General Conditio:ns of the co:nstruction contract. Co:nsult 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 4.2 The ENGINEER will make visits to the site at intervals appropriate to the various stages of co:nstruction to observe the progress and quality of the exeruted 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 observatio:ns, the ENGINEER shall keep the COUNTY informed of the progress of the work, shall endeavor to guard the COUNrY agamst defects and deficiencies in such work and may disapprove or reject work as failing to conform to the Contract Documents. Subtask 4.3 The ENGINEER will review and approve Shop Drawings and samples, the results of tests and inspections and other data which the Contractor is req1.rired to submit. rb3577.dcc A-I '-' -...I Subtask 4.4· The ENGD\fEER will issue COUNTY instructions to the Contractor and issue necessary interpretations and classifications of the Contract Documents. Have authority as the COUNT{' 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. Sub task 4.5 Based on the EN'GINEER's on-site observations and on review of applications for payment and the accompanying data and schedules, the ENGINEER will determine the amoUIlts owing to the Contractor and recommend in writing payments to the Contractor in such amoUIlts. Sub task 4.6 The ENGINEER will conduct a final check to determine if the work has been completed in accordance with the Contract Documents. Subtask 4.7 The ENGINEER will undertake project quality management to meet budget and time constraints; generate correspondence to the COUNTY, Contractor, regulatory agencies, and other parties; provide monthly project status reports; prepare monthly progress meeting minutes; and maintain comprehensive project records and documentation on file. The level of work estimated for this project is 144 h01lIS based on a 4-month construction period. The ENGThTEER reserves the right to request additional compensation should construction extend beyond the 4-month period and/ or the level of field observation exceeds the 144 h01lIs. TASK 5.0 SPECIAL ENGINEERING SERVICES DURING CONSTRUCTION Activities performed UIlder this task consist of supplementary and special engmeering services required during the construction and implementation of the project. Subtask 5.1 Prepare for the COUNTY a set of reproducible record drawings and two (2) blueline prints showing those significant changes made during the construction process based on information furnished to the ENGINEER by the Contractor. Subtask 5.2 Provide services in connection with preparing change orders to reflect changes to the construction project Subtask 5.3 Provide services in connection with preparing final certifications of compIetion of construction. TASK 6.0 RESIDENT SERVICES DURING CONSTRUCTION The activities performed UIlder tbis task consist of providing resident representation during the construction and implementation of the project. rlJ3577.dcc A-2 SEP-OH 1 ZD : 41 FROM- r-093 P.ODZ/DOZ F-234 ........ -...I Subtask 6.1 Activities performed under this task consist of furnishing a Project Representative (PR) during the COl'lStruction of the project, to observe t.'>te perfonnance of the work of the Contractor. Sub task 6.2 The Project Representative as the ENGINEER's agent will act as directed by éU'\d under the supervision of the ENGINEER, and will confer with the ENGINEER regarding his actions. The Project Representalive' 5 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 full knowledge of the Contractor. Written communication with the COUNTY will be only through or as directed by the ENGINEER 1 Subtask 6.3 The Project Representative will prl?pare daily reports, describing the . general working condiûons, areas on construcûon activity, tests performed and special and unusual events. Subtask 6.4 The duties and responsibilities and the limitations of the authority of the Project Representativ\! are as contained in Attachment D. PROTEcr SCHEDULE Receive Authorization Notice to Proceed Substantial Completion Final Completion September 15, 2001 October 15, 2001 February 15, 2002 March 15, 2002 ~ . . tJ:lJ577,dOC A-3 !- U W Z Z 0 Z ¡::: 0 u U :::J enc:: c:: !-w !- Z!- en WZ Z ~- 0 wZ c::- u -« ~ :::J~ Ow Z ..... 2 , Wu m 1:1::c:: :::J f !- 1:1::0 0 Z :::JIJ.. en w 00 w 8 :æ: u 1-1 ::I: ::I:Z :; µ:¡ U c::< 1-1 c:: ª « oz !- mo w !- «- en < ....J!- I 0::; 0 wo (CÌ !-z oð «w 0 2C:: r.ri ¡:::Z o~ enO w- ..,¡. !- en « ~ !- en en !- « IJ.. !- :J '-" _1/1 ! ra '- '<1' ì , - - <0 '<1' ..,. o - N I-~ co 0'1 ..,. ~ N .r 1:1:: i -0 Ea. a '<t a '<1' -ca. N N i ! ~::::¡ I/) ,I '- <U ;t: a co a os co '- , 0 -c ä; a a '<1' '<1' N N ü: ~ ... ¡¡¡ I: 0 üi_ co ...,. N 1/1- a <U ... ... 0 '- a.. ¡¡¡ I: '- 0 0- -1/1 co <0 I: 1/1 ..,. co a .. .. It) 1/)- 0 '- a.. :::.. ra- a. 21 - tJ co '<0 ~ 0 co a ._ 1/1 ... '- 1/1 a..~ '- .. tJ N :e N a '<t 0 rn .. ., tJ .. ~ tJ <U '~ 1/1 I/) <U <U 0> I/) <.) I: 0> "~ "ð3 I: <U <U .~ en I: Q) ë "is) I: .:0: "is) Q) ...J I: -c ~ 1/1 W I: ëñ ra <ã W OJ I- <ã c:: 0 Q¡ Ü I l- I: <U Q) 0 a. " I/) r-: I I ~ 0 a en 1.Ó <Ó ~ ~ :.: I/) en « « l- I- ....., t ~ ¡:Q y o ." ~ ~ ~ '"' -= PROJECT: PROJECT DESCRIPTION: REFEREL'JCE: r1:J3577.doc '-". ..",; EXHIBIT "c" ATTACH'vŒNT C-l PROJECT BTJDGET SERVICES DURING CONSTRUCTION Tasks 4.0, 5.0 and 6.0 As Outlined in the Scope of Services, Attachment A Agreement between St. Lucie County Board of County Commissioners and Camp Dresser & McKee Inc., dated March 14, 2000 Labor Cateß"orv Hours Officer 4 Principal! Associate 16 SeIÚor Professional S6 Professional II 12 Field Representative 124 Drafter 8 Support 24 TOTAL HOURS 244 TOTAL LABOR COST OTHER DIRECT COSTS OUTSIDE PROFESSIONALS (Plus 10% :markup) GRAND TOTAL USE AN UPPER LIMIT SUM C-1 $18,000 $2,000 $5,000 $25,000 $25,000 '-' EKIErT "D" ...., ATTACIDvŒNT D DUTIES, RESPONSIBILITIES A.i'ill UNIITATIONS OF AUTHORlT{ OF THE PROJECT REPRESENl'ATIVE A. GENERA..L Resident Project Representative is ENGINEER'S Agent, will act as directed by and under the supervision of ENGll'{EER, and will confer with ENGINEER reCT<U'dino- o 0 his actions. Resident Project Representative's dealings in matters pertairrirtg to the on-site Work shall in general be omy with ENGINEER and CONTRA.cTOR, and dealings with Subcontractors shall only be through or with the full knowleqge of CON1RACTOR. Written commUI1Ïcation 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 concemmg 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 IIrinutes thereof. 3. Liaison: a. Serve as ENGINEER'S liaison with CONTRAcrOR, workirtg principally through CONTRAcrOR'S superintendent and assist him in understanding the intent of the Contract Documents. Assist ENGll'{EER in serving as OWNER'S liaison with CONTRAcrOR 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 whìch are furnished at the site by CONTRAcrOR, 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 rb3577.dcc D-l '-'" ...., not meet the requirements of any inspections, tests or approval required to be made or has been damaged prior to final payment; and advise ENGThTEER 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 mainte:nance instructions are conducted as required by the Contract Docwnents and in presence of the required persol1l1el, and that CONTRA.crOR maintains adequate records thereof; observe, record and report to EJ."\JGINEER appropriate details relative to the test procedures and startups. . d. Accompany visiting inspectors representing public or other agencies ha0ng jurisdiction over the Project, record the outcome of these inspections and report to ENGINEER. 6. Interpretation of Contract Documents: Transmit toCONTRAcrOR engineer's clarifications and interpretations of the Contract Documents. 7. Modifications: Consider and evaluate CONTRAcrOR'S suggestions for modifications in Drawings or Specifications and report them with recommendations to ENGil'ŒER. 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, ENGThŒER'S clarifications and interpretations of the Contract Docwnents, 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 manmactuIers, 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. Funúsh ENGThŒER periodic reports as required of progress of the Work and CONTRA.crOR'S compliance with the approved progress schedule and schedule of Shop Drawing submissions. b. Consult with EJ."\JGlN'EER in advance of scheduled major tests, ínspections 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 CONTRAcrOR are applicable to the "'3577.dOc 0-2 '-' "" items actually ÍI1Stalled; and deliver this material to ENGINEER for his review and forwarding to OWNER prior to final acceptance of the Work. 12. Completion: a. Before E:.'-JGINEER 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 rnGIN"EER, OWNER and CONTRACTOR and prepare a final list of items to be completed or corrected. c. Verify that all items on .6nal list have been completed or corrected and make recommendations to rnGINEER concerning acceptance. C. LlMITATIONS OF AU1HORITY Except upon written instructions of EN'GINEER, 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. ShallnotUItdertake any of theresponsiliilities of CONTRA<:TOR, Subcontractors or CONTRACTOR'S superintendent, or expedite the Work. 4. Shall not advise on or issue cfuections relative to any aspect of the means, methods, teclmiques, sequences or procedures of construction UIÙess such is specifically called for in the Contract Documents. 5. Shall not advise on or issue cfuections 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. rl>J577._ 0-3 ~ TO: AW'NDA REQUEST .....,/ ITEM NO. C-5D DATE: September 11, 2001 CONSENT [X REGULAR PUBLIC HEARING [ ] Leg. [ ] Quasi-JD. BOARD OF COUNTY COMMISSIONERS PRESENTED BY: 1 SUBMITTED BY (DEPT): Utilities Department SUBJECT: BACKGROUND: FUNDS AVAIL: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: IX [ APPROVED OTHER: Bill Blazak Director Authorize the Chair of the St. Lucie County Board of County Commissioners to sign the Legislative Project 0201 grant agreement for a $100,000 wastewater improvement project located at the Airport Industrial Park. St. Lucie County received $50,000 from a Legislative Appropriation in 2000 for the St. Lucie County Airport Industrial Park Wastewater Improvement Project. The $100,000 grant agreement attached to this agenda item is the second year of funding for this much-needed project. A portion of the funds ($10,000) will facilitate staff setting up a Municipal Services Benefit Unit (MSBU). The remainder of funds ($90,000) will facilitate construction of approximately 870 feet of sanitary sewer system for the Airport Industrial Park. The project area includes the north half of Industrial 31st Street. The remaining streets in the Industrial Park will be completed under future phases. ~ There is no match required for this Legislative Project grant. . The Board approved submitting this Legislative request for this project during the 2000 and 2001 sessions. Staff recommends that the Board authorize the Chair to sign the Legislative Project grant agreement for $100,000 to complete Phase 1 of the Airport Industrial Park wastewater improvement project LP0201. DENIED ,O~~ '''0_' ~ Originating Dept: I Finance: (copies on~y): Ageuti~airbcc.wpd Mqt , Budget: Purchasing: Pub~ic Works: Other: .. """ -' Department of Environmental Protection ./ . Jeb Bush Governor Twin Towers Office Building 2600 Blair Stone Road Tallahassee. Florida 32399-2400 David B. Struhs Secretary August 17,2001 , Honorable Fannie Hutchinson, Chair St. Lucie County Board of County Commissioners 2300 Virginia A venue Ft. Pierce, Florida 34982 Re: LP020 1 - St. Lucie County Collection and Transmission Facilities 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 wilJ 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 850/488-8 I 63. ,¡OO~~; 3' "1!:!. l 'ui CC~.. J ....: d ¡ ORN;=' . DWB/lk Enclosures cc: Mr. Bill Blazak - Utilities Director - St. Lucie County "More Protection, Less Process" (, ~/7 r .\J{ (' / .! ,".. . .~u-' , . \rIP' <:It rv rÆ . \.i Printed on recycled poper. .... '-' ....., . STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND ST. LUCIE COUNTY, FLORIDA LP0201 . This agreement is executed by the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (Department) and ST. LUCIE COUNTY, FLORIDA, (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 tenns and conditions set forth in this document. SCOPE OF WORK The project to be financed 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 the project. 4. The Grantee shall carry adequate liability and other 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 to 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 term of tills agreement and for three years following final grant payment or for such other period as may be prescribed by the Department. 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 tills 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 form 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. 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 thís 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: 2001-02 General Appropriations Act, Line Item 1748 Catalog of State Financial Assistance 37039 (CSFA) Number: CSF A Title or Funding Description: Statewide Restoration Projects Funding Amount: $100,000 State Grants and Aids Appropriation 141116 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 . 1 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, reguIations, or executive orders. 14. The Grantee agrees to comply with the following project schedule: (a) Initiation of project construction is scheduled for November 1, 2001. (b) Completion of scope of work is scheduled for June 30, 2002. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 3 . '-' """"" . EXECUTION OF AGREEMENT This grant agreement LP020l 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 terms 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 terms 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 '-" ...", . 4 August 17, 2001 Honorable Fannie Hutchinson, Chair St. Lucie County Board of County Commissioners 2300 Virginia A venue Ft. Pierce, Florida 34982 Re: LP020 1 - St. Lucie County Collection and Transmission Facilities 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, Don W. Berryhill, P.E., Chief Bureau of Water Facilities Funding DWB/lk Enclosures cc: Mr. Bill Blazak - Utilities Director - St. Lucie County ~ AGENDA REQUEST '-I ITEM NO. C 6~ DATE: September 11; 2001 t TO: BOARD OF COUNTY COMMISSIONERS REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] PRESENTED BY: (¿~~P~ County Engineer . SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 , SUBJECT: Agreement with Inwood Consulting Engineers for Professional Engineering Services for the Design of S. 25th Street Roadway Widening (Midway Road to Edwards Road) ~ BACKGROUND: On February 23, 2001, an RFP for consultant services was advertised for design of S. 25th Street Widening. Proposals were received on March 21S\ and three firms were shortlisted on April 10th. On April 17th the Board approved negotiating with the top ranked firm, Inwood Consulting Engineers, for the design of S. 25th Street Roadway Widening. · Attached is the agreement, as prepared by the County Attorney, along with the consultant's scope of services, performance schedule and fee schedule. · ~ FUNDS AVAIL.: Funds in the amount of $83.5.993 are currently available in 101003-4113-563005-4108 Transportation Trust/Local Option and 101006-4116-563005-4108 Transportation Trust/Impact. Additional funding as shown on FY2001-02 CIP will be made available in the new fiscal year under 101 006-4116-xxxxxx-41 08. Additional funds for FY2001-02 are based on estimated incoming impact fee revenues. 4 · PREVIOUS ACTION: September 12, 2000 - BOCC approval of J oint Participation Agreement with FDOT to reimburse, design and construction of S. 25th Street widening. February 23,2001 - Advertised RFP #01-037 for Professional Engineering Services for S. 25th Street Widening. April 17, 2001 - Board authorized staff to negotiate with the top ranked firm and negotiate a contract. RECOMMENDATION: Staff recommends Board approve the agreement with Inwood Consulting Engineers in the amount of $1,219,258.94 for the design, permitting and land acquisition for S. 25th Street Widening, and authorize the Chairman to sign. COMMISSION ACTION: be] APPROVED [ ] DENIED [ ] OTHER: [.[c,""" A"~'Y [x]Originating Dept. Public works;1 J. s25thscopeapproval.ag I V '-/ Doug sAnderson County Administrator coordination/Siqnatur~Anfr(\ [x]Mgt. & BUdget-41--!- :..:/ [x]Revenue Coord. ;~R r\ [x]Co. Eng ..ßLQ, []Other (I '-' ..." · CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this day of September, 2001, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County", and INWOOD CONSULTING ENGINEERS hereinafter . referred to as the "Consultant". · WITNESSETH: WHEREAS, the County desires to retain the professional services of the Consultant · to provide professional engineering and right-of-way acquisition services for the South 25th Street Widening: and, · WHEREAS, the Consultant desires to provide the County with such services. · NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each · party, the parties intending to be legally bound, hereby agree as follows: · 1. GENERAL SCOPE OF THIS AGREEMENT The relationship of the Consultant to the County will be solely that of a consultant. The Consultant is an independent contractor and is not an employee or agent of the County. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor, between the County and the Consultant, its employees, agents, subcontractors, or assigns, during or after the performance of this Agreement. The Consultant will provide the professional and technical services required for the successful completion of this Agreement in accordance with practices generally acceptable within the industry and good ethical standards. g: \atty\agreem nt \i nwood-O! -1- \w 'wi 2. SCOPE OF WORK The scope of work to be performed by the Consultant under this Agreement is identified in Exhibit· A", ·Scope of Services for Consulting Engineering Services Highway Design". 3. PROJECT MANAGER The Project Manager for the County is Donald B. West at (561) 462-1707. The Project Manager for the Consultant is Andrew D. Dewitt, P.E. at (407) 273-3661. The parties shall direct all matters arising in connection with the performance of this Agreement, other than invoices and notices, to the attention of the Project Managers for attempted resolution or action. The Project Managers shall be responsible for overall resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Agreement. . . 4. TIME OF PERFORMANCE The Consultant shall complete the work in accordance with the schedule attached as Exhibit "B". 5. COMPENSATION The Consultant shall be compensated for all services rendered under this Agreement in a lump sum amount of one million one hundred forty-four thousand ninety-eight and 94/100 ($1,144,098.94) dollars plus limiting amount items of seventy-five thousand one hundred sixty and 0/100 ($75.160.00) dollars for a total amount of one million two hundred nineteen thousand two hundred fifty-eight and 94/100 ($1,219,258.94) dollars in accordance with the schedule attached as Exhibit ·C". 4 All invoices presented to the County for payment shall be on a Request for Payment form approved by the County. g: \a tty\agreemnt \i nwaod-Ol -2- '-" -...I · 6. DEFAULT: TERMINATION A. fOR CAUSE If either party fails to fulfill its obligations under this Agreement in a timely and proper manner, the other party shall have the right to terminate this Agreement by giving written notice of any deficiency and by allowing the party in default seven (7) calendar days to correct the deficiency. If the defaulting party fails to correct the deficiency within this time, this Agreement shall terminate at the expiration of the seven (7) calendar day time period. With regard to The Consultant, the following items shall be considered a default under this Agreement: · (1) If the Consultant should be adjudged bankrupt, or if he, or it, should make a general assignment for the benefit of his, or its, creditors, or if a receiver should be appointed on account of his, or its, insolvency. t (2) If the Consultant should persistently or repeatedly refuse or fail, except in cases for which an extension of time is provided, to provide the services contemplated by this Agreement. · (3) If the Consultant disregards laws, ordinances, or the instructions of the Project Manager or otherwise is guilty of a substantial violation of the provisions of the Agreement. · · In the event of termination, the Consultant shall only be entitled to receive payment for work satisfactorily completed prior to the termination date. B. WITHOUT CAUSE Either party may terminate the Agreement without cause at any time upon fifteen (15) calendar days prior written notice to the other party. In the event of termination, the County shall compensate the Consultant for all authorized work satisfactorily performed through the termination date. 7. FORCE MAJEURE Neither partY shall be liable· to the other for failure to perform its obligations hereunder if and to the extent that such failure to perform results from causes beyond its g: \atty\agreemnt \ j nwood-O! -3- '-' -...I · reasonable control (financial difficulty shall not be considered a cause beyond a party's control), all of which causes herein are called "Force Majeure", including, but without being limited to, strikes, lockouts. or other industrial disturbances; fires; unusual climatic conditions; acts of God; acts of a public enemy; or inability to obtain transportation or necessary materials in the open market. The party unable to perform as a result of force majeure promptly shall notify the other of the beginning and ending of each such period. and County shall compensate Consultant at the rates set forth herein, for the services performed by Consultant hereunder. up to the date of the beginning of such period. If any period of force majeure continues for thirty (30) days or more, either party shall have the right to terminate this Agreement upon ten (10) days prior written notice to the other party. 8. ASSIGNMENT 4 The County and Consultant each binds itself and its successors. legal representatives, and assigns to the other party to this Agreement and to the partners. successors. legal representatives. and permitted assigns of such other party. in respect to all covenants of this Agreement; and. neither the County nor the Consultant will assign or transfer its rights and obligations in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party hereto. 4 · The Consultant agrees that the persons named in the scope of work shall provide services as described therein. The services of the person(s) so named are a substantial inducement and material consideration for this Agreement. In the event such persons can no longer provide the services required by this Agreement. the Consultant shall immediately notify the County in writing and the County may elect to terminate this Agreement without any liability to the Consultant for unfinished work product. The County may elect to compensate the Consultant for unfinished work product. provided it is in a form that is sufficiently documented and organized to provide for subsequent utilization in completion of the work product. · · 9. SUBCONSUL T ANTS AND SUBCONTRACTORS In the event the Consultant requires the services of any subconsultant. subcontractor or professional associate in connection with the services to be provided under this Agreement other than those listed on Exhibit ·C". Consultant shall secure the written approval of County Project Manager before engaging such subconsultant, subcontractor or professional associate. 10. AUDIT g: \atty \agreem nt \i nwood-O! -4 - ~ '--' The Consultant agrees that the County or any of its duly authorized representatives shall, until the expiration of three years after expenditure of funds under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Consultant involving transactions related to this Agreement. The Consultant agrees that payment(s) made under this Agreement shall be subject to reduction for amounts charged thereto which are found on the basis of audit examination not to constitute allowable costs under this Agreement. The Consultant shall refund by check payable to the County the amount of such reduction of payments. All required records shall be maintclined until an audit is completed and all questions arising therefrom are resolved, or three years after completion of the project and issuance of the final certificate, whichever is sooner. 11. PUBLIC RECORDS . The Consultant shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Consultant in conjunction with this Agreement. 12. INSURANCE Commercial General Liability: The Contractor shall maintain and, prior to commencement of this contract, provide the County with evidence of commercial general liability insurance to include: 1) premises/operations, products/completed operations, (including XCU hazards) and personal and advertising injury for limits of not less than $1,000,000 per occurrence; 2) fire damage for limits of not less than $100,000 per occurrence; 3) medical payments for limits not less than $5,000 per person and 4) a general, per contract/project, aggregate limit of not less than $2,000,000. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non-renewal and include County as an additional insured. Business Automobile Liability: The Contractor shall maintain and, prior to commencement of this contract, provide the County with evidence of business automobile liability insurance to include: 1) coverage for any automobile for limits of not less than $1,000,000 combined single limit (bodily injury & property damage) per accident and 2) Personal Injury Protection (Florida no-fault) with full statutory limits. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non-renewal and include County as an additional insured. g; \0 tty \ogreemnt\ inwood -01 -5- '-' "-" Workers' Compensation and Employers Liability: The Contractor shall maintain and, prior to commence of this contract, provide the County with evidence of workers' compensation insurance providing Florida statutory (F.S. 440) limits to cover all employees and include Employers Liability coverage with limits of not less than $500,000 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. Professional Liability The Contractor shall maintain and, prior to commencement of this contract, provide the County with evidence of professional liability insurance with limits of at least $1,000,000.00. The policy shall also provide that the County will be given at least thirty (30) days written notice of cancellation or non-renewal. 13. INDEMNIFICATION The Consultant covenants and agrees at all times to save, hold, and keep harmless the County, its Officials, Employees, and Agents, and indemnify the County, its Officials, Employees, and Agents, against any and all claims, demands, penalties, judgements, court costs, reasonable attorney's fees, and liability of every kind and nature whatsoever to the extent arising out of or in any way connected or arising out of the Consultant's performance of this Agreement. Only those matters which are determined by a final, non-appealable judgment to be the result of the negligence of the County or the negligence of a third party who is not an agent, employee, invitee, or subcontractor of the Consultant shall be excluded from the Consultant's duty to indemnify the County, but only to the extent of negligence of the County or such third party. The Consultant hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification herein provided. 14. PROHIBITION AGAINST CONTINGENT FEES The Consultant warrants that it has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit .or ~ecure this Agreement, and that he has not paid or agreed to pay any persons, company, corporation, individual or firm, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, gift or any other consideration, contingent upon or resulting from the award of making this Agreement. 9: \atty \a9reemnt \i nwood-O! -6- '-" "'" 15. ATTORNEYS' FEES AND COSTS In the event of any dispute concerning the terms and conditions of this Agreement or in the event of any action by any party to this Agreement to judicially interpret or enforce this Agreement or any provision hereof, or in any dispute arising in any manner from this Agreement, subject to the provisions of Section 768.28, Florida Statutes and in no way altering the extent of the County's liability under 768.28, Florida Statutes, the prevailing party shall be entitled to recover its reasonable costs, fees and expenses, including but not limited to, witness fees, expert fees, consultant fees, attorney, paralegal and legal assistant fees, costs and expenses and other professional fees, costs and expenses, whether suit be brought or not, and whether any settlement shall be entered in any declaratory action, at trial or on appeal. 16. NON DISCRIMINATION The Consultant covenants and agrees that the Consultant 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, Sex or physical handicaps (except where based on a bonafide occupational qualification); or because of marital status, race, color, religion, national origin or ancestry. 17. VERIFICATION OF EMPLOYMENT STATUS The Consultant agrees that it shall bear the responsibility for verifying the employment status, under the Immigration Reform and Control act of 1986, of all persons it employs in the performance of this Agreement. 18. NOTICE All notices, requests, consents,and other communications required or permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: As To County: With A Copy To: St. Lucie County Administrator Administration Annex 2300 Virginia Avenue St. Lucie County Attorney Administration Annex 2300 Virginia Avenue g: \atty\agrumnt \inwood-O! -7- '-' ...., Fort Pierce,. Pierce, FL 34982 Fort Pierce,. Pierce, FL 34982 As To The Consultant: Andrew D. Dewitt, P.E. Inwood Consulting Engineers 3504 Lake Lynda Drive, Suite 410 Orlando, FL 32817 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 19. COMPUANCE WITH LAWS The Consultant, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this Agreement. The County undertakes no duty to ensure such compliance, but will attempt to advise Consultant, upon request, as to any such laws of which it has present knowledge. 20. TRUTH-IN-NEGOTIATION CERTIFICATE Execution of this Agreement by Consultant shall act as the execution of as truth-in- negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this Agreement are accurate, complete and current at the time of execution of the Agreement. The original Agreement rates and any additions thereto shall be adjusted to exclude any significant sums by which County determines the Agreement rate(s) was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such rate adjustments shall be made within one year following the end of this Agreement. 21. NON-WAIVER The rights of the parties under this Agreement shall be cumulative and the failure of either party to exercise properly any rights given hereunder shall not operate to forfeit any of the said rights. 22. CONFUCT OF INTEREST g: \atty\agreem nt\inwaad-Ol -8- ~ ....." The Consultant represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Florida Statutes 112.311. The Consultant further represents that no person having any interest shall be employed for said performance. The Consultant shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Consultant's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Consultant may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Consultant. The County agrees to notify the Consultant of its opinion by certified mail within thirty (30) days of receipt of notification by the Consultant. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Consultant, the County shall so state in the notifièation and the Consultant shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Consultant under the terms of this Agreement 23. UTIGATION SERVICES ~ It is understood and agreed that the Consultant's services under this Agreement, except as identified in Exhibit ~ A", do not include any participation, whatsoever, in any litigation. Shoulâ such services be required, a supplemental agreement may be negotiated between the County and the Consultant describing the services desired and providing a basi~ for compensation to the Consultant. 24. DISPUTE RESOLUTION Any disputes relating to interpretation of the terms of this Contact or a question of fact or arising under this Contract shall be resolved through good faith efforts upon the part of the Contractor and the County or its Project Manager. At all times, the Contractor shall carryon the work and maintain its progress schedule in accordance with the requirements of the Contract and the determination of the County or its representatives, pending resolution of the dispute. Any dispute which is not resolved by mutual agreement shall be decided by the County Administrator who shall reduce the decision to writing. The decision of the County shall be final and conclusive unless determined by a court of competent jurisdiction to be g; \atty\agreemnt\ i nwood-O! -9- '-" -...I fraudulent, capricious, arbitrary, so grossly erroneous as to necessarily imply bad faith, or not be supported by substantial evidence. 25. MEDIATION Prior to initiating any litigation concerning this Contract, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 27. 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 governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. t IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement in counterparts each of which shall be treated as an original upon the terms and conditions above stated. . ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY g: \atty \agreemnt \í nwood-Ol -10- '-' ""'" WITNESSES: INWOOD CONSULTING ENGINEERS BY: Print Name: Title: · « · · · · g: \atty\agreemnt\ inwood -01 -11- EXHIBIT "A" '-" ...., . SCOPE OF SERVICES FOR CONSULTING ENGINEERING SERVICES HIGHWAY DESIGN This Exhibit forms an integral part of the agreement between the St. Lucie County (hereinafter referred to as the (COUNTY) and Inwood Consulting Engineers, Inc. (hereinafter referred to as the CONSULTANT) relative to the transportation facility described as follows: ~ S. 25TH STREET ROADWAY WIDENING (MIDWAY ROAD TO EDWARDS ROAD) Table of Contents ~ SECTION I PURPOSE .......................................................................................................................................2 . SECTION II PROJECT OBJECTiVE..................................................................................................................3 SECTION III ROADWAY PLANS PACKAGE...................................................................................................3 . SECTION IV SIGNING AND PAVEMENT MARKINGS .............................................................................17 SECTION V SIGNALIZATION PLANS ..........................................................................................................18 4 SECTION VI LIGHTING PLANS ......................................................................................................................19 SECTION VII LANDSCAPE PLANS..................................................................................................................20 f SECTION VIII STRUCTURAL DESIGN .............................................................................................................20 SECTION IX BRIDGE CONCEPTIBDR STUDY .............................................................................................21 SECTION X BRIDGE PLANS PACKAGE.......................................................................................................24 SECTION XI RETAINING WALL PLANS .......................................................................................................25 SECTION XII DESIGNIRIGHT OF WAY SURVEYS .......................................................................................26 SECTION XIII RIGHT OF WAY MAP ................................................................................................................31 SECTION XIV RIGHT OF WAY SUPPORT AND APPRAISAL SERVICES.................................................... 37 SECTION XV GEOTECHNICAL ........................................................................................................................38 SECTION XVI STUDY REQUIREMENTS & PROVISIONS FOR WORK ........................................................45 1 SECTION I '-" ....., PURPOSE The purpose of this Exhibit is to describe the scope of work and the responsibilities of the CONSULTANT and the COUNTY in connection with the design and preparation of a complete set of roadway construction plans for the proposed improvements to this transportation facility. The Florida Department of Transportation shall provide the Preliminary Engineering and Environmental Document (PD&E) including 30% plans as prescribed in the FDOT current edition of the Plans Preparation MaÌ1ual (PPM). The consultant shall utilize FDOT information and design file to complete this project scope. FDOT files are produced in Microstation format. The design shall be coordinated with bridge hydraulic investigations, scour evaluations and flood plain compensation activities of the FDOT. The CONSULTANT shall refer to the Summary of Phase Submittals Figure 2.1 of the PPM. . The CONSULTANT shall perform those engineering services required to prepare a set of contract plans to include roadway, signing and pavement markings, signalization, lighting, landscaping and right-of-way. It shall be the CONSULTANTS responsibility to utilize the very best engineering judgment, practices and principles possible during the prosecution of the work commissioned under this contract. The CONSULTANT shall be aware that as the project is deveIoped, certain modifications and/or improvements to the original recommendation may be required. The CONSULTANT is to incorporate these refinements into the design and will consider this effort to be an anticipated and integral part of the work. This will not be a basis for any supplemental fee request(s). The CONSULTANT shall demonstrate good project management practices while working on this project. These include communication with the COUNTY and others as necessary, management of time and resources, and documentation. The CONSULTANT shall set up and maintain throughout the design of the project a contract file in accordance to COUNTY procedures. . The COUNTY will provide contract administration, management services, and review and approval of controlling design features associated with the development and preparation of the contract plans. The COUNTY will 2 '-'" -..,,; provide job specific information and/or functions as outlined in this contract. SECTION II PROJECT OBJECTIVE The general objective is for the CONSULTANT to prepare a set of plans to be used by the contractor to build the project, and by the COUNTY to ensure the project is built as designed and to specifications. Elements of work shall include roadways, structures, intersections, drainage, signing and pavement markings, signalization, lighting, utility relocation, landscaping, maintenance of traffic, cost estimates, environmental permits, environmental mitigation plans, quantity computation booklets, and all necessary incidental items for a complete project. t A) Specific Project Objective: The CONSULTANT shall investigate the status of the project and become familiar with concepts (typical sections, alignments, etc.) developed from prior studies. An Engineering Report is available from the current P.D.& E. study; the CONSULTANT shall use the approved concepts as a basis for the design unless otherwise directed by the COUNTY. · · · The CONSULTANT shall incorporate the following sections into the design of this facility: SECTION III ROADWAY PLANS PACKAGE . A) General: The CONSULTANT shall prepare the Roadway Plans Package. This work effort incIudes the roadway design and drainage analysis needed to prepare a complete set of Roadway Plans, Drainage Plans, Traffic Control Plans, Environmental Permits, and other necessary documents. · B) Design Analysis: 1) Typical Section Package - The CONSULTANT shall prepare a Typical Section Design Package to be submitted to the COUNTY for review and approval. This package shall include the following: - Transmittal letter - Location Map(s) - Typical Section(s) (including bridge sections) - Data Sheet(s) ., .) '-" -...I 2) The Typical Section Design Package shall be submitted to the COUNTY for approval as a first order of business. 3) Geometrics - The CONSULTANT shall design the geometrics for the project using the design standards as outlined in the FDOT PD&E report and as presented in FDOT 30% plans. . The CONSULTANT shall evaluate the infonnation as provided in the PD&E report and provide the COUNTY with recommendations as to improved value. , The design elements shall include, but not be limited to, the horizontal and vertical alignments, lane widths, shoulder widths, cross slopes, borders, sight distance, side slopes and ditches, lane transitions, superelevation, features of intersections, and limited access points. « The geometric design completed by the CONSULTANT shall be an engineering solution that is not merely an adherence to the minimum AASHTO and/or FDOT standards. t 4) Pavement Design Package - The CONSULTANT shall prepare a Pavement Design Package in accordance with the FDOT's Pavement Design manuals and the Equivalent Single-Axle Loading Guidelines. . The package shall be presented to the COUNTY not more than four weeks after the Typical Section approval date, for review and approval. Soils and traffic loading data used as input for the design and as available from FDOT shall be included with the package. . . 5) Design Documentation, Computation Book and Quantities - The CONSULTANT shall submit to the County design notes and computations to document the design conclusions reached during the development of the construction plans. The design notes and computations shall be recorded on standard size computation sheets, fully titled, numbered, dated, indexed and signed by the designer and the checker. Computer output forms and other oversized sheets shall be folded to the standard size. The data shall be in a hardback folder for submittal to the COUNTY. One copy of the design notes and computations shall be submitted to the COUNTY with each submittal of review plans. When the plans are submitted for final review, the design notes and computations corrected 4 '-' -...I t according to COUNTY comments shall be resubmitted. At the project completion, a final set of design notes and computations, signed by the CONSUL T ANT, shall be submitted with the record set of plans and reproducibles. The design notes and calculations shall include, but not be limited to the following data: · (a) Design standards used for the project. (b) Geometric design calculations for horizontal alignment that is not included in the quantity computation booklet. t (c) Vertical geometry calculations. · (d) Turn lane development length. (e) Drainage computations. · (f) Earthwork calculations not included in the quantity computation booklet. I (g) Calculations showing cost comparisons of various alternatives considered. · (h) Documentation of decisions reached resulting from meetings, telephone conversations or site visits. · (i) Calculations of quantities. (j) All permit support documentation. (k) Justification for any variation from standards. (I) Pavement design calculations. 6) Summary of Pay Items - The CONSULTANT shall be responsible for determining all the State referenced pay items, quantities, and estimate of probable cost for all components of construction plans. A Summary of Pay Items shall be prepared at all plan submittal phases. The CONSULT ANT shall research and provide unit costs for all items. Supporting documentation of how the cost was determined will be 5 C) 2) 3) '-' ..., t provided, including any reference material, name of contact and telephone number used to determine the cost. The CONSULTANT shall confer with FDOT to verify that each pay item has an active standard State specification. The CONSULTANT shall have the appropriate specification activated and/or provide required specification in plans package. . 7) Special Provisions - The CONSULTANT shall provide Technical Special Provisions for all items of work not covered by the Standard' Specifications, Supplemental Specifications or Recurring Special Provisions. The current Supplemental Specifications are accessible on the FDOT's Internet site (http://www.dot.state.fl.us). Standard Specifications should not be modified unless necessary to control project specific requirements. Each modification must be justified to the COUNTY to be included in the project's Specifications Package as Technical Special Provisions. Technical Special Provisions shall be submitted on standard size sheets, in the format indicated in the FDOT's Handbook for Preparation of Specification Packages, and shall be signed and seaIed. Drainage Analysis: 1) The CONSULTANT shall be responsible for designing a drainage and stormwater management system. All design work shall be in compliance with the FDOT's Drainage Manual and the requirements of the regulatory agencies. This work will include the engineering analysis necessary to design any or all of the following: cross drains, French drains, roadway ditches, outfall ditches, storm sewers, retention/detention facilities, drainage and water management, other drainage systems and elements of systems as required for a complete analysis. Full coordination with all permitting agencies and the COUNTY will be required from the outset. Full documentation of all meetings and decisions are to be submitted to the COUNTY. These activities and submittals should be coordinated through the COUNTY'S Project Manager. The CONSULTANT shall be aware that detention facilities have been permitted and constructed through the corridor limits. The exact number of drainage basins, outfaUs and water management facilities (retention/detention areas, weirs, etc.) will be the CONSULTANT's responsibility. The objective is to obtain approved stormwater treatment/attenuation design. This service shall include, but is not limited to the following: 6 (e) (f) (g) ~ ...., . (a) Locate and assess suitable land areas for stormwater management. Coordinate early in this effort with the COUNTY Acquisitions Department. (b) Coordinate with local government offices regarding local regulations, restrictions, and possible joint use. Obtain information concerning present or future development that could impact the design. « (c) Discuss preliminary design concepts with permitting agencies. (d) Provide preliminary plans during Phase Submittals for review by the COUNTY and revise as necessary. Review preliminary design concept with permitting agencies and finalize plans. The CONSULTANT will be responsible for verifying the delineation as previousIy placed by FDOT of all wetlands as required by the permitting agencies. The CONSULTANT shall conduct meetings to gain permitting agency acceptance of delineation. c The CONSULTANT shall design and compare the cost of alternative stormwater management systems including the utilization of underground retention/detention (i.e., French drains, and water storage in pipes). Where the option will result in a reduction of total project costs, the COUNTY will decide on locations where this option will be exercised. This option shall be compensated for per system. « (h) The CONSULTANT shall check all existing cross drains and determine if they are structurally sOUhd and can be extended. Flood data requirements will be determined in accordance with FDOT procedures. 4) The CONSULTANT will consider alternate culvert materials in accordance with Volume I of the FDOT's Drainage Manual. 5) Prior to proceeding with the Drainage Design, the CONSULTANT shall meet with the COUNTY Project Manager and Local Drainage Districts. The purpose of this meeting is to provide information to the CONSULTANT that will better coordinate the Preliminary and Final 7 ~ -...I · Drainage Design efforts. This meeting is to occur within 30 days after the Notice to Proceed is given to the CONSULTANT. 6) The CONSULTANT shall provide the COUNTY with a signed and sealed · Drainage Design Report. It shall be a record set of all drainage computations, both hydrologic and hydraulic. The engineer shall include t all support data such as soil borings and percolation tests. All data should also be submitted in electronic format. D) Roadway Plans · The CONSULTANT shall prepare plan sheets, notes, and details to include the following: Key Map, Typical Section sheet(s) with notes, Summary of Quantities sheet(s), Plan/Profile Sheet(s), Special Profile · sheet(s), Soil Data Sheet(s), Cross Section Sheet(s), Summary of Pay Items, miscellaneous construction details, alignment control and curve data, and any other detail sheets necessary to convey the intent and scope of the project for the purposes of construction, as detailed in the FDOT's 4 Plans Preparation Manual. E) Drainage Plans: · The CONSULTANT, in accordance with the FDOT's PIans Preparation Manual, shall prepare plan sheets, notes, and details to include the following: Drainage Map sheet(s), Drainage Structure sheet(s), Summary of Drainage Structure sheet(s), Lateral Ditch and Outfall Plan sheet(s), · Lateral Ditch and Outfall Cross Section sheet(s), RetentionlDetention Plan sheet(s), Special Drainage Detail sheet(s), and erosion control details. · F) Traffic Control Plan: 1) Traffic Control Analysis - The CONSULTANT shall design a safe and effective Traffic Control Plan to move vehicular and pedestrian traffic during all phases of construction. The design shall include lane closure analysis, construction phasing of roadway ingress and egress to existing property owners and businesses, routing, signing and pavement markings, and detour quantity tabulations. Special consideration shall be given to the construction of the drainage system when developing the construction phases. Positive drainage must be maintained at all times. 2) The CONSULTANT shall investigate the need for temporary traffic signals, alternate detour roads, and the use of materials such as sheet piling in the analysis. The Traffic Control Plan shall be prepared by a certified designer who has completed the FDOT's training course, and in 8 ~ -...,I · accordance with the Department's Roadway and Traffic Design Standards and the Roadway Plans Preparation Manual. 3) Traffic Control Plans - The CONSULTANT shall prepare plan sheets, notes, and details to include the following: Typical Section sheet(s), General Notes and Construction Sequence sheet(s), Typical Detail sheet(s), Tabulation of Quantities sheet(s), Traffic Control Plan sheet(s), Signing and Pavement Marking sheet(s), Temporary Signalization sheet(s). · · 4) · The CONSULTANT shall prepare additional plan sheets such as cross sections, profiles, drainage structures, retaining wall details and sheet piling as necessary for proper construction and implementation of the traffic control plan. · G) UtilitieslRailroads: Utility coordination between the Consultant, COUNTY and the Utility Companies slµUI be in accordance with the FDOT's Plans Preparation Manual, except that the CONSULTANT shall perform all the services that would normally be performed by the FDOT and will provide Utility certification to the COUNTY. f · I) Initial Contacts - The CONSULTANT shall coordinate with FDOT to verify that all utilities have been incorporated into the project by appropriate utility company contact. 2) The CONS UL T ANT shall verify transfer to the plans the utility location information provided by the utility owners or the CONSULTANT. The COUNTY may request the CONSULTANT to perform subsurface utility identification. · 3) The CONSULTANT shall conduct the utility negotiation work, which will require the following tasks: (a) Identification of existing ¡proposed utility agencies with their respective facilities identified. (b) Determining if utility easements and/or utility title deed land exists. (c) Determination of eligibility of compensable interests. 9 '-' . -...I , (d) Provide design coordination required for development of Utility Relocation Schedules, Plans and Special Provisions. (e) Prepare and follow through execution of Joint Participation Agreements (JPA's) with utility companies as necessary. , (f) Arrange utility status meetings and/or field meetings. · (g) Provide Mylar reproduction sheets for those utilities participating in a Utility Joint Participation Agreement. · (h) Resolution of conflicts between utility facilities and proposed construction. · (i) Review utility schedule for reasonableness. G) Review project and utilities construction phasing plans to assure coordination and minimize construction conflicts. (k) Prepare design cost analysis for design modifications that are requested by the utility agency and approved by the COUNTY. 4 (I) Documentation of utility company activities for the project's special provisions, plans and notes. (m) Securing of executed legal agreements to clear a project for letting as stipulated by State and Federal guidelines.. · (n) The CONSULTANT shall transfer to the plans the utility location infonnation provided by the utility owners. (0) Prepare Utility Adjustment Sheets - The CONSULTANT shall prepare the Utility Adjustment sheets, notes, and details necessary to complete the Utility Adjustment plans. 4) Utility Coordination and Certification - On this project the CONSULTANT shall perform the services and shall assume the responsibilities for the Utility Certifications. The CONSULTANT will provide Utilities Certification to the COUNTY. 5) Final Agreements to Utilities - This package is used to transmit the necessary Iegal drafts, agreements, relocation schedules and final plans to the utilities for the purpose of obtaining color coded plans and Utility 10 '-' '-' . Relocation Agreements defining the work to be accomplished. One complete set of plans (all component parts of the plans package) and one partial set of plans (Key Map, Typical Section and Plans and Profile sheets) shall be furnished to each involved utility agency. The partial set of plans will be color coded by the utility company showing proposed relocations and returned to the CONSULTANT. The CONSULTANT shall expedite the return of the required utility packages. Iflighting is proposed, the necessary maintenance agreements and plans will be forwarded to the responsible agency(s) for execution. Prior to beginning the Design of the Lighting the CONSULTANT shall discuss this issue with the COUNTY. . 6) Utility Location Services - The COUNTY desires to obtain services from the CONSULTANT for all necessary services to coordinate and locate existing surface and subsurface utilities to support the design of complete construction plans for this project In addition to the basic services, the Project Manager has authorized additional services to include utility location and verification for Design. The term "designate" in this Scope of Services means to indicate, by marking, the presence and approximate horizontal location and depth, when the reading appears valid of all existing subsurface utilities using standard geophysical prospecting techniques. The CONSULTANT does not guarantee the accuracy of such designations as substitutions or as-built information during any demolition, excavation or construction activities. The term "locate" means to obtain an accurate position (horizontally and vertically) of subsurface utilities by digging a test hoIe. The COUNTY agrees that where locations and elevations have been verified by the CONSULTANT, that data can be relied upon for construction activities. Any data provided by the CONSULTANT is not a substitute for full compliance with all applicable underground utility damage prevention law,>. The term "Proiect Manager" refers to the Design Project Manager. f 7) SERVICES - It is the intent of this Scope of Services that the CONSULTANT, employing qualified, competent and experienced personnel, shall perform the basic services set forth herein providing services equal to the practice prevalent by consultants practicing within the subject area of work and commensUrate with the magnitude and intricacy of the work under consideration. These basic services shall be so complete that it will not be necessary for the COUNTY to supplement any of the operation by its own personnel, except as noted hereinafter. The Project Manager, however, reserves the right to make such reviews from time to time as it may deem necessary or desire to maintain proper liaison. 11 '-' ....., · The items which follow are not intended to be comprehensive or exclusive but set forth in general to outline the work that is expected. (a) SUBSURFACE UTILITY DESIGNATING SERVICE f Consultant Responsibilities: (1) Obtain all necessary permits from city, county, · municipality or other jurisdiction to allow the CONSULTANT to work in existing streets, roads, etc. for the purpose of marking, measuring and recording the 4 location of existing utilities. (2) Designate, record and mark the appropriate horizontal f location of existing utilities and their major laterals to existing building by a method approved by the COUNTY'S Project Manager. All survey centerline or baseline will be determined and performed by the CONSULTANT. · (3) Determine and provide the Project Manager with the approximate depth of all existing utilities. This depth indication is understood by both the CONSULTANT and the COUNTY to be approximate only and is not intended to be used in designing the right-of-way and/or the construction plans. f (4) Provide all signs and other safety devices and equipment, including all necessary flagmen needed to control traffic. f (5) Secure all Utility "as-built" plans, plats and other data, as necessary. (6) Provide all necessary support personnel to secure the data outlined in this section. (7) All data shall be furnished to the COUNTY'S Project Manager on 3 1/2" floppy disk, tape or compact disk in Auto Cad Design File format compatible with the COUNTY's computer system and in a hard copy offield book format. (b) SUBSURFACE UTILITY LOCATING (TEST HOLE) SERVICE Consultant Responsibilities: 12 '-' "'" · (1) Pick-up and review plans at a location designated by the Project Manager and obtain utility company's records, as required. · (2) Obtain all necessary permits from city, county municipality or other jurisdiction to allow the CONSULTANT to work in existing streets, roads, etc. for the purpose of locating · (digging), measuring and recording the location of subsurface utilities. (3) Coordinate with Utility Agency/Owners, as required by this Contract and as required by law. (4) Neatly cut and remove existing paving. « (5) Cut area not to exceed 1450 square centimeters. (6) Excavate using a method enabling vertical, as well as horizontal exploration through this cut. (7) Excavate up to 1 00 holes in such a manner as to prevent any damage to wrappings, coatings, or other protective coverings, such as by a vacuum excavation method, hand digging, etc. (Number of holes will normally range between 140 to 200 depending on planned construction activities, such as · drainage and mast arm foundations, and number of utilities) (8) Be responsible for any damage to the utility structure during excavation of same. (9) Backfill and compact with select material found around the utility structure. (10) Furnish and install color-coded permanent above ground markers (i.e. P.K. nail, peg, steel pin, or hub), directly above the centerline of the structure and record the elevation of the markers. (11) Provide permanent restoration of the pavement within the limits of the original cut at the time of backfill. In the event the hole is excavated in an area other than the roadway 13 (f) '-' ...., pavement, the area disturbed shall be restored to the condition prior to the excavation. (c) SURFACE UTILITY LOCATING SERVICE Surface location services shall be conducted in accordance with the FDOT's Location Survey Manual. (d) ERRORS All designating and/or locating services shall be checked for accuracy before submission by the CONSULTANT. The CONSULTANT will be required, without additional compensation, to correct discrepancies and ambiguities in the work, which may be discovered before or during construction. 4 Acceptance of the designatiQg or locating service by the COUNTY shall not relieve the CONSULTANT of the responsibility of subsequent correction of errors. ~) MAlNTENANCE OF RECORDS The CONSULTANT shall maintain all books, documents, papers, accounting records and other evidence supporting the cost incurred and shall make such materials available at its offices at all reasonable time during the contract period and for three (3) years from the date of fmal payment under the contract for inspection by the COUNTY. STAFFING BY CONSULTANT The control and supervision of all phases of work performed for this contract by the CONSULTANT shall be under the direction of an engineer, underground utility locating or designating specialist employed by the CONSULTANT who has had not less than three (3) years experience on the type of work herein described, and he shall be assigned to the project until all work has been completed or until the COUNTY agrees in writing that he may be replaced or removed. A staff of competent engineers or specialists adequate in number and experience to perform the described work in the prescribed time shall be assigned to perform the work under this contract. All work shall be performed by or under the supervision of a surveyor or professional engineer who is licensed in Florida. . (g) CONFERENCES AND MEETINGS The initial conference shall be called by the COUNTY at a place and time selected by the COUNTY for the purpose of reviewing the CONSULTANT's work program, schedules, procedures, 14 '-" ....." methods and the clarification of any ambiguities that may then exist and shall be attended by the principal CONSULTANT or a partner of the CONSULTANT and the CONSULTANT's Project Engineer. (h) Certification - The CONSULTANT will certify the following to the COUNTY: (1) All utility work has been completed or that all arrangements have been made for it to be undertaken and completed as required for proper coordination with the physical construction schedule, or (2) An on site inspection made and that there is no utility relocation involved. or (3) Plans were sent to all utility agencies and no utility relocation is required. This certification shall include all necessary copies of correspondence and executed utility agreements. A duly authorized representative of the firm shall sign this certification. The CONSULTANT will supply the necessary form letters, agreements, relocation schedules and any other documents needed to clear the utilities on the project. Form letters and agreements will follow FDOT format, unless directed otherwise by the COUNTY Project Manager. The CONSULTANT shall consider the reIocation schedule in establishing construction contract time. 8) Coordination with Railroads - Prior to proceeding with the roadway design plans, the CONSULTANT shall meet with the Railroad Representatives and the COUNTY. The purpose of this meeting is to provide information to the CONSULTANT that will better coordinate the preliminary and final design. It will assist the CONSULTANT in understanding the Railroad requirements, special construction notes if required and in the development of the maintenance of traffic plans. The COUNTY will coordinate any necessary agreements with the Railroad for reconstruction of railroad crossings. 9) Prepare Railroad Crossing Details - The CONSULTANT shall prepare railroad-crossing details according to FDOT design criteria. 15 H) 6) '-' ~ Environmental Services/Permits: 1) Preliminary Field Review - The CONSULTANT shall perform a preliminary field review and shall be responsible for early identification of and coordination with the COUNTY and the appropriate regulatory agencies to assure that design efforts are properly directed toward permit requirements. 2) Agency Coordination (Includes all Phases) - The CONSULTANT shall coordinate all meetings with the regulatory agencies and shall copy the COUNTY Project Manager on all permit-related correspondence and meetings. 3) Verify Wetland Jurisdictional Lines -The CONSULTANT shall confirm the wetland jurisdictional lines in coordination with the COUNTY and the regulatory agency. 4) Agency Field Review - The CONSULTANT shall be responsible for coordinating with the COUNTY all regulatory agency field reviews. 5) Permit Preparation - The CONSULTANT shall prepare Permit Packages to include Wetland Resource/Dredge and Fill permits, Stormwater Management and Surface WaterÆnvironmental Resource Permit (ERP), NPDESÆP A permit and required SWPPP (if required) with related construction plans, DEP/CCL permit, and local permits where deemed applicable. National Pollution Discharge Elimination System (NPDES) - The CONSULTANT shall develop a project specific Storm Water Pollution Prevention Plan (SWPPP) (if required), which will include but not be limited to: (a) Site Description to include: (1) a description of the construction activity (2) the major soil disturbing activities associated with the project (3) a site map with the latitude and longitude (to the nearest 15 seconds) of outfall structures (existing and proposed) that discharge to surface waters ]6 ........ ~ (b) Controls section documenting the type of erosion controls for each phase of construction activity, including: (1 ) Maintenance (2) Inspections (3) Non Stòrm Water Discharges 7) Mitigation Plans (Includes all Phases) - N/ A 8) Mitigation Design Details - N/ A 9) Mitigation Coordination and Meetings - N/A . 17 '-' ..." SECTION IV SIGNING AND PAVEMENT MARKINGS A) General: The CONSULTANT shall prepare plan sheets, notes, and details to include the following: Tabulation of Quantities sheet(s) with the quantities tabulated by sheet, General Noté sheet(s), Plan Sheet(s), Special Marking Detail sheet(s). Signs and pavement markings shall be designed in accordance with the elder road user policy. B) Special Provisions: The CONSULTANT shall provide Technical Special Provisions for all items of work not covered by the Standard Specifications or Supplemental Specifications. SECTION V SIGNALIZATION PLANS A) General: The CONSULTANT shall prepare contract plan sheets, notes, and details to include the following: Key Sheet, Tabulation of Quantities sheet(s), General Note sheet(s), Signalization Plan sheet(s), Signal Interconnect Plan detail(s), Pole detail(s), and special detail(s). The CONSULTANT shall plot existing and proposed topography, existing utilities (above and below ground), stonn sewers, right-of-way, and proposed improvements. In addition the CONSULTANT shall prepare quantities and pole schedules (including any design calculations). B) Engineering Analysis: The CONSULTANT shall design the pole and signal head system. The FDOT's Structure Design office has a computer program available to the Consultant for this analysis. C) Inventory of Equipment: The CONSULTANT shall collect infonnation from the maintaining agencies and conduct a field review to complete a list of all existing traffic 18 '-' ~ signal equipment for submittal to the COUNTY. The inventory shall include the following: I) Existing signat and pedestrian phasing. 2) Controller make, model, capabilities and condition. . 3) Coordinator make, model, capabilities and condition. 4) Weekly program unit make, model, capabilities and condition. 5) Interconnect media. 6) Distance between intersections. ì 7) For existing computerized signal systems inventory the computer interface equipment make, model, capabilities and condition. Testing of components is not required. 8) Controller timing data D) Signal Interconnect: The CONSULTANT shall determine the needs of the signal interconnection system. The CONSULTANT shall identify all usable and replacement interconnection and shall submit design cable (interconnect) plans. . E) Special Provisions: The CONSULTANT shall provide Technical Special Provisions for all items of work not covered by the FOOT Standard Specifications for Road and Bridge Construction or Supplemental Specifications. SECTION VI LIGHTING PLANS A) General (Optional): The CONSULTANT shall evaluate existing lighting conditions, including; type luminaries, height, level of illumination, etc. The CONSULTANT shall prepare contract plan sheets, notes, and details to include the following: Tabulation of Quantities sheet(s), Pole Data and Legend sheet(s), Lighting Plan sheet(s) (on which existing Topographic 19 '-' ~ features, right-of-way and existing utilities, above and below, are plotted), Service Point Detail sheet(s), Special Detail sheet(s), and Boring Log and Data sheet(s). The CONSULTANT shall also prepare and submit all voltage drop calculations and photometric calculations. The CONSULTANT shall coordinate with the COUNTY and adjacent section design firms to ensure consistency in the design of lighting appurtenances. B) Lighting Justification Memorandum: The CONSULTANT shall prepare a lighting justification memorandum and submit the memorandum to the COUNTY for approval. C) Special Provisions (Optional): The CONSULTANT shall provide Technical Special Provisions for all items of work not covered by the Standard Specifications or Supplemental Specifications. SECTION VII LANDSCAPE PLANS A) General: The CONSULTANT shall prepare the contract plan sheets, notes, and details to include the following: Tabulation of Quantities sheet(s), Landscape Plan sheet(s), Irrigation Plan and Detail sheet(s), and Landscape Detail sheet(s). B) Special Provisions: The CONSULTANT shall provide Technical Special Provisions for all items of work not covered by the Standard Specifications or Supplemental Specifications. SECTION VIII STRUCTURAL DESIGN This Scope of Services will establish which items of work described in the Structures Design Guidelines are specifically included in this contract, and also which of the items of work will be the responsibility of the CONSULTANT or the COUNTY. 20 '-' ....", The CONSULTANT shall incorporate the following into the design of this facility: 1) All plans and designs are to be prepared in accordance with the latest standard specifications including but limited to those adopted by AASHTO, FDOT Standard Specifications, Structures Design Guidelines, Structures Detailing Manual. 2) Project design criteria are contained in the Project Development and Enviromnental (P.D.&E.) Report or other project documents available to the prospective CONSULTANTS. 3) List of Structures: 3.1 - Bridge at 10 Mile Creek as presented in PD&E Report. 3.2 - Permanent Retaining Wall- As per PD&E Report. 3.3 - Temporary Retaining Wall- As per Traffic Control Plans 3.4 - Box Culvert at Canal No. 102 SECTION IX BRIDGE CONCEPTIBDR STUDY A) General: This activity evaluates and identifies an economical, maintainable, aesthetically pleasing and safe structure. For many large structures an alternative design(s) to the base design is carried to final design (the Bridge Development Report indicates competitive designs). The CONSULTANT may be required to evaluate alternative structural systems and combinations thereof. If so, then the burden is placed on the CONSULTANT to show that he has properly evaluated alternative materials, span arrangements, construction methods, maintenance consequences, foundation systems, etc. It is the COUNTY'S responsibility to identify those areas of alternative study that are required. B) BDR Analysis and Report: The CONSULTANT shall prepare and evaluate design alternatives. The CONSULTANT shall provide the COUNTY with acceptable justification for CONSULTANT'S selection of superstructure, substructure and retaining wall types as listed below. Appropriate layouts and construction 21 C) '-" ...., . cost estimates for each alternative considered shall be required with CONSUL T ANT'S recommendations. 1) Superstructure: o PrecastlCast-in-Place concrete slabs o Prestressed concrete girders (including post-tensioned systems) o Steel and/or concrete box girders o Structural steel girders (plate girders or rolled shapes) o Other applicable designs or combinations of the above. 2) Statical System: Simple spans, continuous spans. 3) Substructure Foundation: o Piling (precast concrete or steel) o Drilled shaft o Spread Footings 4) Retaining Walls: o The CONSULTANT shall evaluate utilization of conventional (non-proprietary) walls and proprietary wall systems. Cost analysis and recommended foundation designs for the evaluated systems shall be prepared and submitted to the COUNTY for review and selection of the wall system(s) to be implemented in the final design. The CONSULTANT shall prepare a Bridge Development Report as required in Chapter 3 of the FDOT Structures Design Guidelines. This report shall be neatly written and the contents presented in a logical order. An executive summary is required which compares the relative costs of the alternates and a recommendation is to be stated with regard to which design(s) is (are) recommended for implementation. Appropriate back-up data regarding unit prices used are required for review. The report must be signed by the registered engineer responsible for the work and the engineer who checked the work prior to submittal to the COUNTY. WaD Study: 1) Wall Justification Report: The CONSULTANT will perform an analysis and verifY the external stability of in-situ soils underlaying roadway 22 'w ""-' f sections bounded by proprietary retaining walls and win review the internal stability design prepared by proprietary wall companies. The CONSULTANT will then prepare a Wall Justification Report pursuant to the FDOT Structures Design Guidelines Manual. ~ 2) Temporary Retaining Walls: Whenever the construction of a structural component (such as a wall, footing, or other such component) requires excavation that may endanger the public or an existing structure that's in use by the public, a temporary retaining wall is required to protect the existing facility. A temporary retaining wall is, therefore, required during the construction stage only and may be removed and re-used after completion of the work. S~ch systems as steel sheet pilings, soldier beams and lagging, or other similar systems are commonly used. v In such cases, the CONSULTANT is responsible for designing and detailing the wall in the set of contract plans. The CONSULTANT must also review and approve shop drawings submitted by the contractor. .-, All other temporary retaining walls not designated as such will be the sole responsibility of the contractor and his specialty engineer. -.1 D) Preliminary Control Wall Drawings: I) The CONSULTANT shall prepare control drawings for all walls required. These drawings shall provide vertical and horizontal alignments, wall lengths, and details for any special features that need to be provided. Barriers, architectural treatments, etc. are considered to be special features. The control drawings are to be included in the construction plans and submitted for review (REF: Structural Design Guidelines). 4 2) For conventional wall designs, the CONSULTANT shall prepare drawings and specifications needed to supplement the control drawings. Appropriate FDOT standard drawings may be used if applicable. The CONSULTANTS price proposal shall include the design of conventional (non-proprietary) wall systems. 3) Cost Estimates: The CONSULTANT shall provide detailed construction cost estimates for the various alternatives that are to be considered. These cost estimates are to be utilized in the evaluation and selection of the ultimate design alternative. 23 '-" ....., SECTION X BRIDGE PLANS PACKAGE The CONSULTANT shall prepare plan sheets, notes and details to include the following: General Notes, General Plan and Elevation, Bridge Hydraulic Sheet, Bridge Section,PierlBent Sheet and wall control drawings. The Bridge PIans Package shall also include all appropriate items shown on the checklist contained in the Structures Detailing Manual. Bridge Geometrics: The CONSULTANT shall design the geometrics for the project using the design standards that are most appropriate with proper consideration given to the design traffic volumes, design speed, capacity and levels of service, functional classification, design consistency and driver expectancy, aesthetics, Pedestrian and bicycle concerns, ADA requirements, elder road user policy, access management, and the type of construction and/or scope of work. The design elements shall include, but not be limited to, the horizontal and vertical alignments, lane widths, shoulder widths, cross slopes, borders, side slopes and ditches, lane transitions, superelevation, features of intersections and interchanges, and limited access points. The geometric design developed by the CONSULTANT shall be the best engineering solution to a given problem and not merely an adherence to the minimum AASHTO and/or FDOT standards. FINAL BRIDGE PLANS PACKAGE . A) General: The Bridge Plans Package shall be prepared by the CONSULTANT. This work effort includes the design analysis needed to prepare a complete set of Final Bridge Plans and other necessary documents pursuant to the FDOT Structures Design Guidelines Manual. B) Bridge Design Analysis: The CONSULTANT shall prepare final construction plans for the preferred structure considered during the Bridge Development Report effort. The COUNTY shall select the final design after the evaluation and approval of the Bridge Development Report. The bridge design shall also include the approach slabs and erosion protection for bridge approaches and embankments. 24 C) '-" -...I 1) Design Calculations: The CONSULTANT shall submit to the COUNTY all reports and design calculations prepared during the development of the plans. The design calculations submitted shall adequately addrÿss the complete design of all bridge components and retaining walls. These calculations shall be neatly and logically presented on 8" x 11" paper (where possible) and shall be signed and sealed by a registered professional engineer. A cover sheet indexing the contents of the calculations shall be included and the engineer shall sign and seal that sheet. These Design Calculations shall include but not be limited to the following : Pile Capacity Computations (vertical and horizontal), End Bent Design, Intermediate Bent Design, Pier Design, Prestress Concrete Beam Design, Steel Beam Design, Seismic Design, Ship Impact Design, Geometric Data, Quantities and tabulation, Cost Estimates and Quantity Computation Book Backup. 2) Provisions for Utilities: The CONSULTANTS Plans shall make provisions to accommodate all affected utilities _. 3) Special Provisions: The CONSULTANT shall provide Technical Special Provisions for all items of work not covered by the Standard Specifications, Supplemental Specifications, or Recurring Special Provisions. The current Supplemental Specifications and Recurring Special Provisions are accessible on the FDOT's Internet site (http://www.dot.state.fl.us). Standard Specifications, Supplemental Specifications and Recurring Special Provisions should not be modified unless absolutely necessary to control the specific project requirements. Any modifications must be justified to the COUNTY to be included in the project's Specifications package as Technical Special Provisions. Technical Special Provisions shall be submitted on standard size sheets. The Technical Special Provisions shall be signed and sealed. Final Bridge Plans: The CONSULTANT shall prepare plan sheets, notes, and details to include, but not limited to, the following: General Index, General Plan 25 ~ """'" and Elevation, Stage Construction Sequence Sheet, Bridge Hydraulic Sheet (BHRSj see further description below), Boring Log Sheet, Finished Grade Sheet, Pile Layout Sheet, End Bent Sheet, End Bent Details Sheet, Intermediate Bent Sheet, Intermediate Bent Detail Sheet, Superstructure Sheet, Superstructure Detail Sheet, Framing Plan, Prestressed Beam and Schedule, Steel Beam Sheet, Steel Beam Detail Sheet, Rebar Schedule Sheet, Miscellaneous Detail sheet, and Approach Slab Sheet. SECTION XI RETAINING WALL PLANS A) General: The Retaining Wall Plans Package shall be prepared by the CONSULTANT. This work effort shall include the design analysis and associated plan preparation needed to refine the data and alternatives recommended and set forth in the "Wall Study" portion of the BDR analysis and report as described in Section III-B. B) Design Analysis: This task includes the analysis effort necessary for the CONSULTANT to refine the data and alternatives recommended in the "Wall Study" (ref: Section III-C&D). It includes that coordination effort with the Proprietary Wall Companies to the extent necessary to finalize the Phase I plans. At the COUNTY'S option, CONSULTANT will provide for the securing of contract retaining wall drawings from proprietary wall companies and incorporating these drawings into the contract documents. CONSULTANT shall solicit interest from proprietary wall companies in the preparation of detail design drawings. The CONSULTANT shall furnish the proprietary wall companies prints of the control drawings, design criteria, foundation data and any other infoI'llliition necessary for plans preparation. Design drawings shall be obtained from at least two proprietary wall companies. CONSULTANT shall review and incorporate the plan sheets received from the proprietary wall companies into the plan package(s). Initial involvement of proprietary wall companies in project wall design efforts will be obtained by the CONSULTANT as soon after receipt of COUNTY'S approval of preliminary engineering recommendations as it is practical. C) Wall Plans: 26 '-" -...I This task includes the effort necessary for the CONSULTANT to refine and finalize the Retaining Wall Drawing sheets. The Plans shall be prepared pursuant to the FDOT Structures Design Guidelines Manual. SECTION XII DESIGNIRIGHT OF WAY SURVEYS A) General: The CONSULTANT shall perform supplementary field survey necessary to prepare the Right of Way Control Survey, Right of Way Maps, Legal Descriptions, Engineering Design and/or Construction Plans. Survey efforts shall supplement those as available fÌ'om FDOT. All the survey work must be accomplished in accordance with the FDOT's Location Survey Manual, Topic Numbers 550-030--000 through 550-030-012 (760- 000/760-012) including Appendix B, "Highway Field Survey Specification" and Appendix C, "Procedures for Automated Survey Data Gathering." This work must comply with the "Minimum Technical Standards for Land Surveyors", Chapter 61Gl7-6, FloridaAdministrative Code, pursuant to Florida Statutes, Section 472.027; the Department of Environmental Protection requirements for State Jurisdiction Boundary Surveys, pursuant to Chapter 177.25 - 177.40, Florida Statutes; and any special instructions fÌ'om the COUNTY. « All survey work shall be made to conform to the Florida State System of Plane Coordinates, using the North American Datum of 1983 (1990 or most recent adjustment) for horizontal control, and the North American Vertical Datum of 1988 (NA VD 1988) for vertical control. The surveyor shall comply at all times with applicable Federal, State, and local laws, provisions and policies governing safety and health. This includes Title 29, Code of Federal Regulations, Parts 1910 and 1976, Occupational Safety and Health Regulations, including confined space entry requirements for General Industry and Construction, including any subsequent revisions and updates. To safely conduct the public through the work area full compliance with the current FDOT Roadway and Traffic Design Standards (600 Series) and FDOT Survey Safety Handbook is a minimum requirement. Prior to work commencing, the CONSULTANT shall attend a kick off meeting with the COUNTY. The standard requirements as well as the sequence of survey operations will be reviewed and discussed. Survey work shall not begin until authorized by the COUNTY Project Manager. 27 '-' ,."" B) Equipment: Using automated survey equipment that is compatible with the FDOT's Electronic Field Book Processing Standards must perform the survey. All field survey data shall be delivered to the COUNTY in an electronic format that can be directly input and used (without having to be edited) in the COUNTY'S computer system. The data must be submitted for approval, as segments are completed, not at the end of the survey. . C) Aerial Format: No aerial photography is included in this scope. Aerials (from the PD&E phase) to be supplied by FDOT. D) Design Survey: Design survey services shall be performed in a manner that will perpetuate the control and reference system through the construction and final activities. These activities may include, but shall not be limited to, the following: 4 1) Geodetic Control - Perform a geodetic baseline control survey for the purpose of establishing the alignment of the project and providing an adjusted network of control meeting the FDOT's specifications. 2) Alignments - 3) Reference Points - This has been completed by FDOT. 4) Aerial Targets - N/A 5) Bench Levels - This has been completed by FDOT. 6) Topography - This has been completed by FDOT. 7) Roadway Cross-Sections and Profiles - This has been completed by FDOT. 8) Side Street Surveys - This has been completed by FDOT. 9) Underground Utilities - Locate underground utilities both vertically and horizontally in accordance with the FDOT Plan Preparation Manual and 28 ~ -...I the FDOT Location Survey Manual, Topic Numbers 550-030-001 and 004. 10) Drainage Survey - Perform a drainage survey. The CONSULTANT may use aeriaI photography or conduct a standard field survey. The CONSULTANT may utilize existing topographic references, such as . USGS Quadrangle Maps. All prominent features are to be verified by the CONSULTANT during actual on site investigation or field survey. If the . CONSULTANT utilizes aerial photography, spot elevations will be shown on the aerials. Sufficient elevations will be shown to enable the CONSULTANT'S drainage engineer to determine direction of flow relative to the road Right of Way. 11) Bridge Data Survey - Make a complete structural control survey of the bridge site. 12) Outfall, Detention and Mitigation Survey - Conduct any necessary outfall, detention pond, and mitigation area surveys. 13) Stake-Out for Borings - Provide alignment stake out for subsoil 4 investigation, as directed. E) Right of Way Surveys: Right of Way Surveys will include alI of the elements previously outlined ~ under Design Surveys, plus the following: . 1) Section Ties - Tie section lines, quarter section lines, (and quarter-quarter section lines when pertinent) to the project control by closed traverse or redundant measurement with G.P.S. All comers found in the field will be properly identified and recorded on forms to be completed and filed with the Department of Environmental Protection, in accordance with Florida Statutes. Furnish the COUNTY with a copy of the certified comer record that depicts the land comer references. 2) Subdivision Ties - Tie all subdivisions, including block lines and street Right of Way Iines, to the project control. All necessary block comers must be found or calculated. Any survey comers that are found must be tied to the Baseline of Survey by closed traverse or through redundant measurements taken from at least two different traverse points. 3) Condominium Ties - The external boundaries of all Planned Unit Developments and the external boundaries of any tract of land that is being 29 ~ """'" developed into individual condominiums will be treated the same as the subdivisions. lfthe project's Right of Way requirements affect an individual condominium or the association lands held in common, additional surveying will be required. 4) Maintained Right of Way Survey - The necessary research will be performed and a decision will be made early in the project by the COUNTY to determine the need for a maintained Right of Way survey. If a maintained Right of Way survey is necessary, the limits of maintenance must be tied to the Baseline of Survey wherever the Maintenance Engineer identifies it. 5) Building Ties - All buildings and improvements within the required Right of Way shall be accurately measured and field tied. Also major buildings and improvements that are within 8 meters of the required Right of Way must be located in the field. 6) Jurisdictional Line Survey - Make tide line (MHW) surveys where 1 necessary to determine the jurisdictional limits of the Department of Environmental Protection and tie these lines to the Baseline of Survey. . F) Certified Right of Way Control Survey Drawings: The consultant will prepare a drawing representing the results of the Right ~ of Way Control Survey. This drawing should be presented for review at the same time the 30% Right of Way Maps is submitted. When . submitting for review, furnish full size copies of all plats, tax maps, drainage and flood control district maps, prior Right of Way Maps, private surveys, field notes, etc. After the Control Survey Drawing has been reviewed and approved by the COUNTY, the original Mylar drawings will be signed by the COUNTY Surveyor and returned for certification. The CONSULTANT land surveyor in responsible charge shall certify this drawing as a Right of Way Control Survey, which meets "Minimum Technical Standards", Chapter 61 G 17-6, Florida Administrative Code. The final delivemble will be in the form of a signed and sealed blueprint and one original Mylar. The Control Survey drawing must consist of the following: 1) Sheet 1 (Cover Sheet) - This sheet will contain all pertinent general notes, references, the certification, a location map, etc. 2) Key Sheet - This sheet will contain the land sections broken down into quarters, including all bearings and distances. Complete baseline 30 '-' """" alignment data, including begin and end survey flags with stations, must be shown. 3) Standard Detail Sheets - The detail sheets must conform to the following: (b) (c) SECTION XIII A) General: 1) (a) If a previous or "Historical" baseline exists, it must be used as the current Baseline of Survey. Show the complete baseline alignment. including begin and end survey flags with stations, all control points, curve data and the bearings on all tangent lines. The control points must be identified as to whether they were set or found, the size and type marker that was used, surveyor's identification number, etc. (If a hazardous situation required an offset reference line to be established and stationed, it is to be shown on the Project Network Control sheet only, where ties will be shown to the major control points on the "Historical" baseline.) All Existing Rights of Way, both along the highway and on intersecting streets or roads, must be shown. Include bearings and dimensions as well as stations and offsets. ~ All section lines, quarter section lines, (and quarter-quarter section lines when pertinent) that lie within a half mile of the project must be shown. When these lines intersect the baseline, show the station where their intersection occurs, a distance from the baseline to the nearest corner in each direction, and the bearings and distances between corners. Each corner should be identified as calculated or found, and if found, the size and type of material must be described. t . . The external boundaries of all Planned Unit Developments and the external boundaries of any tract of land that is being developed into individual condominiums will be treated the same as the plats. Bearings, dimensions, stations and offsets must be shown, along with survey monnments found on these property lines. If the project's Right of Way requirements affect an individual condominium or the association lands held in common, additional information will have to be shown. RIGHT OF WAY MAP The CONSULTANT shall be responsible for the complete preparation of Right of Way Maps for the project. Right of Way Key Maps and Detail Sheets shall be prepared in accordance with the FDOT's Right of Way 31 '-' '...,I Mapping Procedure 550-030-015 (Right-of-Way Mapping Handbook). Right of -Way Maps may be either line drawings or aerial photo base (raster imaging) prepared to the FDOT's sheet size and format. The CONSUL T ANT shall submit Key Maps, Detail Sheets, Ownership Sheet and Legal Descriptions to the COUNTY for review at stages of completion as specified herein. The primary media for the submittal of Right of Way Maps and legal descriptions will be electronic. The files may be transmitted on either 3.5-inch diskette using the PKZIP utility as the compressing software or on compact diskette (CD's) and will be sent in Microstation DGN format. A half-size set of Right of Way Map prints should also accompany the submittal. 2) Aerial Format - N/A 3) Digitized Topography from Aerials - N/A 4) RasterImages - N/ A 5) CADD Files - The CADD files must adhere to the following: (a) All line work and text must be in one "Main" design file. The file name should be acceptable to the FDOT. (b) The naming conventions for the sheet files and the reference files should be acceptable to the FDOT. ~ (c) Each individual sheet must be its own design fiIe (output file). The sheet files must be created using an approved clip program. They are essentially just the border, the match lines, the north arrow, the title block, and the graphic scale. No line work is to be entered in the sheet files. Only the text shown with the north arrow, in the title block data fields, and if needed, near the match lines, should be entered in the individual sheet fiIes. (d) An ASCII text file should be created to contain the text that is entered on the "Tab Sheet." (e) The project must have an index file listing all CADD files. (f) The seed file settings must be acceptable to the COUNTY. (g) All symbologies (fonts, levels, colors, line styles, line weights, etc.) must exactly conform to FDOT standards. 32 B) '-' -...I 4 6) The CONSULTANT shall submit the Right of Way Map to the COUNTY at 30, 60, 90, and 100 percent stages of completion. At each phase, when submitting maps for review, the CONSULTANT shall fumish full size copies of all plats, tax maps, drainage and flood control district maps, prior Right of Way Maps, private surveys, field notes, etc. The title search reports and the construction plans must be provided in the 60% and later submittal packages, but if they are available sooner, they should be included with the earlier submittals too. 30% Maps The 30% Right of Way Maps must include the following: 1) Sheet 1 (Cover Sheet) - This sheet will contain all pertinent general notes, references, a legend, a location map, etc. 2) Key Sheet - This sheet will contain the land sections broken down into quarters, including all bearings and distances. Complete baseline alignment data, including begin and end survey flags with stations, must be shown. 3) Standard Detail Sheets - The detail sheets must conform to the following: ( a) If a previous or "Historical" baseline exists, it must be used as the current Baseline of Survey. Show the complete baseline alignment, including begin and end survey flags with stations, all control points, curve data and the bearings on all tangent lines. The control points must be identified as to whether they were set or found, the size and type marker that was used, surveyor's identification number, etc. (If a hazardous situation required an offset reference line to be established and stationed, it is to be shown on the Project Network Control sheet only, where ties will be shown to the major control points on the "Historical" baseline.) All Existing Rights of Way, both along the highway and on intersecting streets or roads, must be shown. Include bearings and dimensions as well as stations and offsets. (b) All section lines, quarter section lines, (and quarter-quarter section lines when pertinent) that lie within a half mile of the project must be shown. When these lines intersect the baseline, show the station where their intersection occurs, a distance fÌ'om the baseline to the nearest comer in each direction, and the bearings and distances between comers. Each comer should be identified as calculated or .,., -'-' '-' -...I · found, and if found, the size and type of material should be described. (c) External plat boundaries must be shown, including bearings, dimensions, stations and offsets, and any survey monuments found during the survey. The blocks, lots and streets within subdivisions that will be affected by Right of Way acquisition and/or along the project corridor must be shown. Identify all vacated streets within subdivision, and provide the recording data of the documents reIeasing the Right of Way. t (d) The externaI boundaries of all Planned Unit Developments and the extemal boundaries of any tract of land that is being developed into individual condominiums will be treated the same as the subdivisions. Bearings, dimensions, stations and offsets must be shown, as well as any survey monuments found marking these property lines. If the project's Right of Way requirements affect an individual condominium or the association lands held in common, additional infonnation will have to be shown. 4 4) ~ Project Network Control Sheet - Done by FDOT. 5) The CONSULTANT must contact the city and county offices to detennine that the maps contain the most current data regarding: (a) · The latest plats or other instruments of conveyance dedicating additional Right of Way. · (b) Any road or street that has been vacated. (c) The current names of all streets within project limits. (d) The location of city limits. C) 60% Maps All requirements for 30% Maps (including the COUNTY'S review comments) must be satisfied. The additional requirements that bring the maps up to 60% completion are as follows: Proposed Right of Way lines must be shown with the correct CADD symbology, and each line must be labeled "R/W Line". The Temporary and Perpetual easements are to be shown graphically. Special attention must be given to the identification of all lands reserved for highway use by the Board of Trustees of the Internal Improvement Trust Fund. 34 '-' ...." ~ 1) Parcel "Bubbles" containing the assigned parcel numbers will also be shown at this stage. 2) The parent tracts' property lines, as determined by field survey and supported by analysis of title search, must be shown. These lines must be identified with the property line (It) symbols. 3) One copy of the Title Search Report for each parent tract must be provided as part of this submittal. The Right of Way Map parcel number(s) must be marked on the front sheet of each report. 4) Buildings and major improvements within 15 meters in urban areas and 30 « meters in rural areas, of the required Right of Way line, must be shown grapmcally, and they must be labeled regarding the type of structure and its use. Buildings and major improvements that lie within 8 meters of the required Right of Way must show a distance from the nearest comer of the building to the Right of Way line. 5) All buildings and/or major structures within 8 meters of the required Right . of Way line must have a distance shown from the nearest comer of the structure to the required Right of Way line. If the Right of Way line is cutting through a buiIding, the map must show the dimensions of the building, including the segmented distances where the line cuts through. 4 C) 90% Maps All requirements for 30% Maps and 60% Maps (including the f COUNTY'S review comments) must be satisfied. The additional requirements that bring the maps up to 90% completion are as follows: 1) Dimensions and bearings must be shown for all parcels. 2) The tabulation sheet must be complete, showing the parcel numbers, the property owners' names, the parcel areas, the parent tract remainders, the detail sheet number(s) where each parcel can be found, and all necessary entries in the comment colwnns. 3) The Centerline of Construction (including ties to the Baseline of Survey) and the Limits of Construction must be shown. 4) The certified legal descriptions for each parcel must be provided on paper and as an electronic word processing file that is compatible with Corel WordPerfect Version 8. 35 ~ '-' 4 E) 100% Maps All requirements for 30% Maps, 60% Maps and 90% Maps (including the COUNTY'S review comments) must be satisfied. t Immediately before making the 100% submittal, the CONSULTANT must again contact the city and county offices to determine that the maps , contain the most current data regarding: 1) The latest plats or other instruments of conveyance dedicating additional Right of Way. 2) Any road or street that has been vacated. 3) The current names of all streets within project limits. . 4) The location of city limits. F) TITLE SEARCH REPORTS: The COUNTY will provide the Title Search Reports for the entire corridor and these will be furnished to the CONSULTANT early in the project. A copy of the Title Search Report will be returned to the COUNTY, once the CONSULTANT has identified the Right of Way Map parcel numbers and marked each one on the front sheet of the corresponding report. This 4 should be done as soon as possible, but not later than the 60% Map submittal. I G) TITLE SEARCH MAPS: The CONSULTANT shall prepare a Title Search Map when the Title Search Reports are received. A set of full sized prints of the entire corridor from existing County Tax Maps, to be provided by the COUNTY, will be used for delineating the properties in color, to represent the different ownerships. The corresponding search number must be written on each property. This map will be used by the consultant to insure receipt of title searches for full Coverage of the entire project. When all of the Title Search Reports have been plotted, this map is to be turned over to the COUNTY. H) LEGAL DESCRIPTIONS: The CONSULTANT shall prepare the legal descriptions of the parcels of land required for the project and be in accordance with the FDOT's Right 36 K) L) I) J) ~ .""".; c of Way Mapping Handbook. The certified legal descriptions for each parcel must be provided on paper and as an electronic word processing file compatible with Corel WordPerfect Version 8. COURT EXHIBIT PREPARATION: . The CONSULTANT shall prepare court exhibits if directed by the COUNTY. . QUALITY CONTROL: 4 The CONSULTANT shall provide the necessary quality control for each phase of the project. The CONSULTANT prior to any submittal must perform a quality assurance review. The responsibility for quality lies with the CONSULTANT. Progress payments for the surveying and mapping deliverables will be contingent upon the approval of the COUNTY. . COMMUNICATIONS AND MEETINGS: THE CONSULTANT shall maintain open communications with the COUNTY Surveyor. If conflicts or uncertainties arise, the CONSULTANT shall schedule a meeting with the COUNTY. As the maps near 60%, a meeting will be held to review the mapping of Right of Way takes and the construction easements. The CONSULTANT shall document the proceedings by letter to the COUNTY. 4 t SURVEYING AND MAPPING DELIVERABLES: 1) Electronic field survey data shall be delivered to the COUNTY on a segment-by-segment basis, along with a progress report for review. Non- electronic data (field books) will be delivered as the work is completed in the field. All field survey data will be checked and certified by the surveyor in responsible charge before it is submitted to the COUNTY. 2) The Original Mylar drawings of the Right of Way Control Survey must be approved by the COUNTY. It will then be sent back to the CONSULTANT for certification. The final Control Survey Drawing shall be submitted as a signed and sealed blue line, certified by the CONSULTANT'S Professional Land Surveyor in responsible charge and the County will retain one signed original Mylar of the right-of-way control survey. 37 '-" 'wtI . 3) The primary media for the submittal of Right of Way Maps and legal descriptions will be electronic. The files may be transmitted on either 3.5 inch diskette using the PKZIP utility as the compressing software or on compact diskette (CD's) and will be sent in AutoCAD Release 2000 or AutoCAD 14 and an ASCII file. A full-size set of Right of Way Map prints and all supporting data should also accompany the submittal. SECTION XIV RIGHT-OF-WAY SUPPORT AND APPRAISAL SERVICES Section XIV is set forth in a separate document and is included herein by reference. SECTION XV GEOTECHNICAL . A) Supplemental Geotechnical Investigation The CONSULTANT shall be responsible for a supplemental Geotechnical investigation. All work performed by the CONSULTANT shall be in accordance with FDOT standards, the Soils and Foundations Manual (November 1994), related directives, Federal Highway Administration Checklist and Guidelines for review of Geotechnical Reports and Preliminary Plans and Specifications, F.H.W.A. Work Zone Traffic Control Practices Manual and Pavement Coring and Evaluation Procedure (Topic No. 675-030-005-c). Prior to beginning the investigation and no later than 30 days after the Notice to Proceed is given, the CONSULTANT shall meet with the COUNTY to review the project scope and FDOT requirements. The CONSULTANT shall supplement those soil . investigations as performed by FDOT. « B) Field Investigation - Roadway: The soils investigation for roadways may include, but not be limited to: 1) One 2-meter auger boring per 25 meters per each roadway. 2) One 6-meter auger boring per 150 meters of alignment. 3) Soil samples for laboratory soil testing will be obtained on a minimum frequency of2 samples per stratum per kilometer. 4) Soil samples for pipe corrosion testing will be obtained on a minimum frequency of 1 sample per stratum per 700 meters of alignment. 38 C) ~ ~ 5) Pavement cores will be obtained as directed at the scope meeting. 6) Use U.S.G.S. and S.C.S. maps to identify areas of organic soils. 7) Determine the vertical and horizontal extent of compressible strata (i.e. muck, peat, clay, etc.). 8) The following boring and testing frequency will be performed for exploration of stormwater management areas: (a) A minimum of two 6-meter auger borings and I field permeability test per one acre of stormwater pond. (b) Auger borings and permeability tests as necessary in exfiltration trench areas. Permeability tests must be done as indicated in the FDOT Soils and Foundations Manual. (c) Double ring infiltrometer tests for swale areas. 9) Optional Preliminary Contamination Assessment (PCA) - At The COUNTY'S discretion, a PCA may be required on a per site basis. All work shall be performed in accordance with the current DER and OHSA standards. The following work items shall be included but not be limited to: (a) A minimum offour borings will be required per site. (b) Soil gas analysis will be required by use of a flame ionization detector [i.e. OVA (Organic Vapor Analyzer), etc.]. (c) Installation of monitoring wells may be required. (d) Water sampling and laboratory analysis may be required (Laboratory shall be HRS certified). (e) A PCA report will be required. Laboratory Testing - Roadway and Structures: All laboratory testing will be performed in accordance with Florida Sampling and Testing Methods (FSTM) or ASTM or by related directives. Laboratory testing will include the following as required by the needs of the project and the type of soils encountered during the investigation: 39 '-" ..., t 1) Organic Content (FM 1- T 267) 2) Moisture Content (pMl- T 265) 3) Sieve Analysis (FM I - T 088) . 4) Particle Size Analysis with hydrometer (FM 1- T 088) 5) Specific Gravity (pM 1- T 100) . 6) TOTVane Sensitivity 7) Atterberg Limits (FM 1 - T 89/90) 8) Consolidation (FM 1 - T 216) * 9) Triaxial (pM I-T 234) 10) Corrosion Series (a) PH (pM 5-550) (b) Resistivity (FM 5-551) (c) Chloride Content (pM 5-552) (d) Sulfate Content (FM 5-553) 11) Limerock Bearing Ratio (FM 5-515) I2) Aggregate Gradation (pM I-T 30) 13) Bitumen Extraction (FM I-T 164) * With an unload/reload cycle near the preconsolidation pressure. D) Roadway Report: The roadway report shall include, but not be limited to: 1) Copies ofU.S.G.S. and S.C.S. maps with project limits and beginning/ending station shown. 40 '-' 'WI . 2) A report of tests sheet which summarizes the laboratory test results, the soil stratification (i.e. soils grouped into layers of similar materials) and construction recommendations relative to Standard Indices 500 and 505. All soils should be classified according to the AASHTO Classification System. 3) Estimated seasonal high and/or low groundwater levels. 4) The design LBR value. . 5) Permeability parameters for water retention areas. 6) The existing pavement section and asphalt composition for possible reuse or grade control, if warranted. 7) A description of the site and subsoil conditions, design recommendations and a discussion of any special considerations (i.e. removal of unsuitable material, recompression of weak soils, estimated settlement time/amount, groundwater control etc.). 8) An appendix that contains stratified soil boring profiles, laboratory test data sheets, design LBR calculation/graphs, and any other pertinent information. 9) In addition to the roadway report, the CONSULTANT will also plot the ~ stratified boring profiles on the original roadway cross-sections and have the Geotechnical Subconsultant review for completeness. A draft of the roadway report shall be submitted to the COUNTY for review prior to incorporation of the CONSULTANT's recommendations in the project design. E) Field Investigation - Structures: The Geotechnical investigation for structural foundations includes bridges, box culverts, retaining walls, sea walls, high mast lighting, Mastanns, overhead signing and high embankment fills as required. The investigation shall include, but not be limited to: I) Standard Penetration Test (STP) borings or Cone Penetration Test (CPT) sounding at each bridge bent/pier location or at the maximum interval of 30 meters. 41 '-' -....I · 2) SPT borings or CPT soundings 30 meters behind each abutment as a minimum for exploration of high fill areas. 3) SPT borings or CPT soundings at a maximum interval of 50 meters along proposed retaining wall locations. 4) At least 2 SPT borings at proposed box culvert locations. 5) All SPT borings are to be samples on I-meter centers. 6) Continuous SPT sampling is recommended in the top 5 meters unless the material is unacceptable as a foundation material. · 7) Undisturbed samples of cohesive soils obtained in accordance with FDOT standards. 8) Rock coring when hard rock is encountered. A Standard Penetration Test (SPT) sh¡ill be performed at the bottom of each core run. Core runs shall not be longer than 2 meters. 9) Additional specialized field-testing as required by needs of project. 10) Field sampling and testing is also to include the testing of soils, and/or water for the determination of environmental class for the substructure and superstructure, and measurement of d50 and evaluation of angle of repose for channel bed soils. · 11) SPT borings or CPT soundings including an analysis offoundation aItemates shall be performed if justified by the inclusion of signing and/or lighting foundations. This effort shall include fieldwork, lab testing, data reduction, analysis and recommendations. F) Structures Report: . The structures report shall contain the following discussions as appropriate for the assigned project: 1) Summary of structure background data. 2) Analysis of structure foundation alternatives including the following: (a) Spread footings 42 ~ "'" « (b) Prestressed concrete piling - various sizes (SPT97.EXE) (c) Steel H-piles (SPILE) . (d) Steel pipe piles (STP97.EXE) (b) Drilled shafts - various sizes (FHW A Drilled Shaft Manual _ Reese/O'Neill or UP Research Report D647F as appropriate) (c) Other feasibIe foundation types , 3) Recommendations for most practical foundation types will be given along with the basis for selection. 4) Analysis of allowable and/or ultimate foundation capacity and settlement potential for all feasible alternatives. Foundation capacity analyses shall be performed using the methods listed above or an FDOT approved alternate. For pile foundations, provide graphs of design soil resistance versus estimated minimwn/maximum pile tip elevations (Adjusted for scour if necessary). . 5) Analysis oflateralload capacities. 6) Evaluation of external stability for conventional retaining walls and retained/reinforced earth wall systems (FHW A-RD-89-043, 11/90). « 7) Evaluation of Embankment Slope Stability (pCSTABL) and Settlement. . 8) Evaluation of Sheet Piling (CW ALSHT) 9) Draft of detailed boring/sounding standard sheet, including environmental classification and specialized construction requirements, for inclusion in final construction plans. 10) Summary of soiI test results including the following: (a) Unit Weight (b) Consolidation parameters (c) Cohesion (d) Friction angle for cohesion less soils 43 '-' ...." (e) Strain at 50% stress level from UU Triaxial compression (f) Modulus of subgrade reaction (g) Other pertinent test results 11) Evaluation of lateral earth pressures on underground structures (i.e. box culverts, retaining walls, etc.). . 12) Shallow foundation bearing capacity (i.e. allowable bearing pressure, minimum footing width, and minimum embedment depth). « 13) Construction information addressing the following items: (a) Estimated maximum driving resistance anticipated for pile foundations. (b) Recommendations for footing or shaft installation, or other site preparation soils-related construction considerations with pIan sheets as necessary. ~ 4 (c) Recommend quantity, location and length of test piles with or without instrumentation and a recommendation on the use of load tests. 14) An Appendix, which includes SPT and CPT boring/sounding profiles, data from any specialized field tests, laboratory test data sheets, engineering analysis notes/sample calculations and any other pertinent information. . " 15) A draft of the structures report shall be submitted to the COUNTY for review prior to incorporation of the CONSULTANT's recommendations in the project design. 16) Final Analysis and Reports: Separate final engineering reports will be submitted for roadway and structures projects. These final reports will incorporate comments of the COUNTY and contain any additional field or laboratory test results, recommended foundation alternatives along with design parameters and special provisions for the construction plans. These reports will be submitted to the COUNTY for review prior to project completion. After review by the COUNTY, the reports will be submitted in final form and will include the following: (a) Six copies of the Structures report. 44 '-' ~ (b) All original plan sheets. (c) One set of reproducible Mylars. (d) Two sets of record prints. (e) Six sets of any special provisions. (f) Two copies of Roadway reports. (g) All reference and support documentation used in preparation of contract plans package. (h) The final roadway and structure reports, as well as plan sheets, will be signed and sealed by a Professional Engineer registered in the State of Florida. (i) Provisions for Work: The proposal will show the base unit costs and shall state the upset limit fee estimated to complete this activity. Negotiated unit estimates may vary to meet the project requirements. Prices will adhere to the fee schedule and remain under the upset limit Actual payment for the Geotechnical investigation will be based on the work actually performed at the unit prices stipulated in the price proposal. SECTION XVI STUDY REQUIREMENTS & PROVISIONS FOR WORK A) Governing Regulations: 4 The services performed by the CONSULTANT shall be in compliance with all applicable FDOT Manuals and Guidelines. The FDOT's Manuals and Guidelines incorporate by requirement or reference all applicable State and Federal regulations. The current edition, including updates, of the following FDOT Manuals and Guidelines shall be used in the performance of this work. · Project Development and Environmental Manual. · Plans Preparation Manual. · FDOT Roadway Traffic and Design Standards 45 ~ -' · Manual of Uniform Minimum Standards for Design, Construction, and Maintenance for Streets and Highways. · FDOT Bicycle Facilities Planning and Design Manual, Rev. Ed. 1982. · FOOT Right-of-Way Mapping Handbook. · FOOT Right-of-Way Mapping CADD Handbook. · FDOT Location Survey Manual. · FDOT EFB User Guide. · FDOT Drainage Manual. · FOOT Outline Specifications - Aerial Surveys I Photogrammetry. 4 · FOOT Soils and Foundations Manual. · FDOT Structures Design Guidelines. · FDOT Computer Aided Design and Drafting (CAOO) Roadway Standards Manual. · FOOT Roadway CAOD Handbook , · Florida's Level of Service Standards and Guidelines Manual for Planning, No. 525-000-005. · Equivalent Single Axle Load Guidelines, No. 525-030-121. · Design Traffic Procedure, No.525-030-l20. · FDOT K-Factor Estimation Process. · Project Traffic Forecasting Guidelines. · FOOT Manual of Uniform Traffic Studies (MUTS). · FDOT Traffic Engineering Manual. 46 ~ -...I B) The following provisions shall apply: 1) Field Survey Survey work shall be accomplished in accordance with the FDOT's 4 Location Survey Manual, Topic Nos. 550-030-000 through 550-030-12 (760-000/760-012). Work must comply with the Minimum Technical Standards for Land Surveying, Florida Administrative Code Chapter 61017-6 (Florida Statute 472.027), Department of Environmental Protection's requirements for State Jurisdiction Boundary Surveys, pursuant to Chapter 177.25 - 177.40, Florida Statutes. All field survey data will be recorded, verified and furnished in digital format (ASCII files) readily available for input to CADD design files. Data recorded electronically will be the raw data (HVD measurements) properly tagged with feature codes, formats, etc., as outlined in the FDOT EFB User Guide. Field survey data recorded in field books furnished to the CONSULTANT by the COUNTY shall be put into CADD compatible digital format and verified prior to delivery. 2) Roadway Improvements All plans arid design are to be prepared in accordance with the latest standards adopted by AASHTO, FDOT Standard Specifications, FDOT current memorandums, and the current editions of the FDOT Roadway . Plans Preparation Manual, FDOT Flexible Pavement Design Manual, FDOT Drainage Manual and shall be accurate, legible, complete in design, and drawn to the appropriate scale, furnished in reproducible form on material acceptable to the COUNTY. 3) Drainage Services All drainage plans and designs are to be prepared in accordance with current FDOT memorandums, FDOT Drainage Manual, 23 CFR 650, and CONSULTANT Plans Submittal Requirements. 4) Environmental Services (a) Stormwater and Surface Water: (b) Permits shall be prepared in accordance with Chapter 62-301,62- 302, and 62-330, Regulation of Storm water Discharge, Florida 47 '-' '-' Administrative Code and the rules of the appropriate Water Management District. (c) Dredge and Fill Permits: (d) All applicable data shall be prepared in accordance with Chapter 403. Florida Statutes, Chapter 62-312, 62-330, and 62-340, Florida Administrative Code; Rivers and Harbors Act of 1899, Section 404 of the Clean Water Act, and parts 114 and 115, Title 33, Code of Federal Regulations. In addition to these Federal and State permitting requirements, any dredge and fill permitting required by local agencies shall be prepared in accordance with their specific regulations. . (e) Environmental Mitigation Plans - N/A (f) These plans shall be prepared in accordance with the FOOT Standards and must comply with the rules and regulations of all Federal, State and Local Environmental Pennitting Agencies. (g) Agencies involved may include but not be limited to: Department of Environmental Protection, U.S. Army Corps of Engineers, the appropriate Water Management District, U.S. Fish and Wildlife Service, National Marine Fisheries Service, Environmental Protection Agency, etc. 5) Geotechnical Services Work shall be performed in accordance with the FDOT's Soils and Foundations Manual Topic No. 675-020-012-e with all tests performed as specified in the manual using the appropriate Florida Sampling and Testing Method (FSTM), AASHTO and ASTM standard testing methods. 6) Structure Plans All work shall be performed in accordance with FOOT standards, policies and procedures. 7) Signing and Marking Plans All plans are to be prepared in accordance with the latest design standards and practices (Manual on Uniform Traffic Control Devices), FDOT Standard Specifications, Roadway and Traffic Design Standards, FOOT Plans Preparation Manual, and instructions issued by the COUNTY to the CONSULTANT, and shall be accurate, legible, complete in design and 48 C) \.,.; >.J drawn to the scale as directed by the COUNTY and furnished in reproducible form. 8) Traffic Signal Plans All plans are to be prepared in accordance with the latest design standards and practices (Manual on Uniform Traffic Control Devices), FDOT Standard Specifications, Roadway and Traffic Design Standards, FDOT Plans Preparation Manual, and instructions issued by the COUNTY to the CONSULTANT, and shall be accurate, legible, complete in design and drawn to the scale as directed by the COUNTY and furnished in reproducible form. 9) Lighting Plans - N/A 10) Landscape Plans All plans are to be prepared in accordance with the FDOT design standards, Standard Specifications, Plans Preparation Manual, and instructions issued by the COUNTY to the CONSULTANT, and shalI be accurate, legible, complete in design and drawn to the scale as directed by the COUNTY, and furnished in reproducible form. 11) Right-of-Way Mapping Right-of-way maps shall show the ultimate taking line. All right-of-way maps and detail sheets are to be prepared in accordance with the FDOT's Right of Way Mapping Handbook, Topic No. 550-030-015 and directions of the COUNTY as made known in writing to the CONSULTANT, and shalI be accurate, legible, complete, drawn to the scale as directed by the COUNTY and furnished in reproducible form. 12) Utilities All work shall be in accordance with the FDOT's UtiIity Manual, Standard Specifications, current memorandums, Plans Preparation Man?al, and instructions as issued by the COUNTY to the CONSULTANT, and shall be accurate, legible, complete in design, drawn to the appropriate scale and furnished in reproducible form on material acceptable to the COUNTY. Utility relocation plans shall reflect future construction. Project Schedule: 49 '-' -...I Within ten (10) days after the Notice-To-Proceed, the CONSULTANT shall provide a schedule of calendar deadlines accompanied by an anticipated payout curve. D) Key Personnel: The CONSULTANT'S work shall be performed and directed by the key personnel identified in the proposal presentations by the CONSULTANT. Any changes in the indicated personnel shall be subject to review and approval by the COUNTY. E) Progress Reporting: The CONSULTANT shall meet with the COUNTY on a monthly basis and provide written progress reports that describe the work performed on each task. Progress reports shall be delivered to the COUNTY concurrently with the monthly invoice. The Project Manager will make judgment on whether work of sufficient quality and quantity has been accomplished by comparing the reported percent complete against actual work accomplished. . F) Meetings and Presentations: The CONSULTANT shall attend a Notice-To-Proceed Meeting with COUNTY representatives, where the COUNTY, along with procedures for administering the contract, will provide relevant project information. The CONSULTANT and his staff shall also be available with no more than a five- (5) workday notice to attend meetings or make presentations at the request of the COUNTY. Such meetings and presentations may be held at any hour between 8:00 A.M. and 12:00 midnight on any day of the week. The CONSULT ANT may be called upon to provide maps, press releases, advertisements, audiovisual displays and similar material for such meetings. No more than Í- such meetings are anticipated. G) Quality Control: The CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all surveys, designs, drawings, specifications and other services furnished by the CONSULTANT under this contract. The CONSULTANT shall provide a Quality Control Plan that describes the procedures to be utilized to verifY, independently check, and review all 50 II) I) J) '-' '-" design drawings, specifications, and other documentation prepared as a part of the contract. The CONSULTANT shall describe how the checking and review processes are to be documented to verify that the required procedures were followed. The Quality Control Plan may be one utilized by the CONSULTANT, as part of their normal operation or it may be one specifically designed for this project. The CONSULTANT shall submit a Quality Control Plan for approval within 20 (twenty) calendar days of the written Notice to Proceed. A marked up set of prints and a plans completeness checklist from a Quality Control review will be sent in with each phase review submittal. The responsible Professional Engineer or Professional Surveyor that performed the Quality Control review will sign a statement certifying that the review was conducted. The CONSULTANT shall, without additional compensation, correct all errors or deficiencies in the designs, drawings, specifications and/or other services. Correspondence: . Copies of all written correspondence between the CONSULTANT and any party pertaining specifically to this contract shall be provided to the COUNTY for their records within one (1) week of the receipt or mailing of said correspondence. Liaison Office: The COUNTY and the CONSULTANT will designate a Liaison and a Project Manager who shall be the representative of their respective organizations for the Project. While it is expected the CONSULTANT shall seek and receive advice from various state, regional, and local agencies, the final direction on all matters of this project remain with the COUNTY'S Project Manager. Optional Services: At the COUNTY'S option, the CONSULTANT may be requested to provide services as an expert witness for right-of-way acquisition. Post design Services may also be requested of the CONSULTANT. The fee for these services shall be negotiated in accordance with the terms detailed in Method of Compensation, for a fair, competitive and reasonable cost, . considering the scope and complexity of the project(s). 51 "-' -...I K) Submittals: The CONSULTANT shall provide copies of the required documents as listed below. These are the anticipated printing requirements for the project. This tabulation will be used for estimating purposes, and the Project Manager will determine the number of copies required prior to each submittal. FDOT Plans Preparation Phase Submittals Phase II Phase III Phase IV Final - 12 sets - 12 sets - 12 sets - 2 signed and sealed record copies and 1 set of Mylar reproducibles. L) Computer Automation: f The project may be deveIoped utilizing computer automation systems in order to facilitate the development of the contract plans. Various software and operating systems were developed by FDOT to aid in assuring quality and conformance with Department of Transportation policies and procedures. Seed Files, Cell Libraries, User Commands, MDL Applications and related programs developed for roadway design and drafting are available in Intergraph I Microstation format. However, it is the responsibility of the CONSULTANT to utilize current FDOT releases of all CADD applications. The CONSULTANT shall provide complete AutoCAD translation digital files to the County directly representing that produced by Microstation. The CONSULTANT's role and responsibilities are defined in the FDOT's CADD ROADWAY STANDARDS MANUAL. The CONSULTANT will be required to submit final documents and files which shall include complete CADD design & coordinate geometry files in a COUNTY approved format, as described in the above referenced document. The archived submittal shall also include documentation that shall contain the project history, file descriptions of all (and only) project files, reference file cross references, and plotting criteria (e.g. batch, level symbology, view attributes, and display requirements). A printed directory of the archived submittal shall be included. 52 '-' '--' The CONSULTANT may translate from AutoCAD to Microstation for digital submission to FDOT of final plans. SECTION XIV I. RiGHT OF WAY SUPPORT AND APPRAISAL SERVICES Á. DESCRIPTION Right of Way Consultant Services are required in connection with the acquisition of Right of Way for the subject segment of the "25th Street" project in St. Lucie County. Services are to include, but are not limited to, appraisal, appraisal review, business damage report preparation, business damage report review, oversight, training and supervision of County personnel in the acquisition, negotiation, preparation of suit infonnation and lawsuit packages, settlements and closing, and property management functions. The Consultant shall make available the necessary personnel, facilities and materials to supervise and review County personnel in perfonning the required services through its own empIoyees, joint venture employees or employees of subcontractors. The project consists of the acquisition of approximately 15 fee parcels. The ConsuItant shall be required to provide the following services: · Appraisal · Appraisal Review · Title report services · Right-of- Way Acquisition · Business Damage Report Preparation · Business Damage Report Review · Relocation Assistance · Lawsuit support services 53 "-' ....¡ · Property Management B. DEFINITIONS 1. Appraisal Report: Any written or oral analysis, opllllOn, or conclusion issued by an appraiser relating to the nature, quality, value or utiIity of a specified interest in, or aspect of, identified real property, and includes a report communicating an appraisal analysis, opinion, or conclusion of value, regardless of title. An appraisal report must be a written statement independently and impartially prepared in the form prescribed by the County, by a qualified appraiser setting forth an opinion of defined value of an adequately described property as of a specific date, supported by the presentation and analysis of relevant market infonnation, and which meets the professional standards for licensed and certified appraisers as incorporated by reference in Section 475.628, Florida Statutes. . ". Prepared in a format prescribed by the County," means in accordance with the current Uniform Standards of Professional Appraisal Practice (USP AP), and the current FDOT Supplemental Standards to the Uniform Standards of Professional Appraisal Practice. , For Appraisal Updates, the County must be contacted if a letter update report is ordered and the appraiser believes it will not accurately communicate the estimate of value. The appraiser will have the option of updating the entire report, but only after discussing it with the County and receiving approval in writing from the County. t 2. Appraiser of Record: The individual appointed by the Earth Tech Consulting, Inc. to perfonn all appraisal services for this contract, and whose qualifications and expertise will be evaluated in the selection process. Others may assist the Appraiser of Record in perfonning the appraisal services to the extent that such assistance does not require the exercise of the assistant's judgment, conclusion, or opinion regarding valuation issues. Those areas of appraisal requiring analysis, judgment and conclusion concerning value are exclusively the tasks of the Appraiser of Record. 3. Assignment: One or more parcels assigned to the Consultant under one contract in connection with a designated road improvement identified by a section/job number. 4. Acceptance: Acceptance occurs when an appraisal services has been reviewed by a Contract Review Appraiser, has met all requirements of 54 '-" 'WI USP AP and the FDOT Supplemental Standards, and is acceptable for payment of the invoice. 5. Approval: If there are two or more appraisals performed on a parcel, the Review Appraiser approves one of the reports. It may then be used by St. Lucie County as the basis of just compensation. This is in contrast to acceptance, where all appraisals may meet the mirùmum appraisal standards in USP AP and FDOT Supplemental Standards and therefore, may be acceptable for payment of their respective invoices. 55 · 6. Basic Services: Those work activities associated with delivery of a written appraisal report for each parcel identified herein. 7. · Business Damage Estimate Report: a specific type of assignment prepared in accordance with Chapter 12- 102, Florida Administrative Code, describing the impact ofa Right-of-Way acquisition on the income, expenses and/or profits of a particular business. · 8. · Consultant: Earth Tech Consulting, Inc. 9. Correction Period: The correction period for the appraisal report will be assigned by the Consultant. The time assigned will depend on the complexity of the parcel and the review time of the reviewer. The number of correction days will start from the day after the date of correction request letter is sent/faxed, and the clock will continue until that set of corrections is received at the County, at which time the clock will stop: If another set of corrections is needed, this process will begin again in the same manner, but will never exceed the total number of days assigned by the County. Under no circumstances will there be any additional days allowed for corrections other than the number of days assigned, unless written permission is obtained from the County. The Sub-consultant must address all correction deficiencies in order for the correction time to stop while the corrections are being reviewed. · 10. County: S1. Lucie County I 1. Data Book: A compilation, under separate cover, of all pertinent comparable sales (vacant and improved) '-' 56 """" data as well as other adequate information representing the Appraiser's research, investigation efforts, and analyses supporting various conclusions from the local real estate market and including Appraiser's basic analysis of the project and parcels assigned. Updates to the Data Book should only include sales that were consummated after the submission of the Data Book. The Data Book must comply with the FDOT's Supplemental· Standards to the Uniform Standards of Professional Appraisal Practice. t · 12. FDOT: The Florida Department of Transportation, District IV. The County will be acquiring all properties jointly with the FDOT and this 25th Street project will be will be acquired in accordance with all FDOT policies and procedures · 13. Letter Update: A letter update maybe requested if there have been no major changes in the property and/or its value between the date of the last appraisal report and the present time. This type of report is acceptable instead of updating and preparing a full narrative report. · · 14. Parcel: The portion of a subject property comprising a defined interest to be acquired, i.e., fee, easement, etc. . 15. County Project Manager: The County's staff member, or designee, with overall responsibility and authority to manage the right of way production tasks.. I6. Consultant Project Manager: The Consultant's staff member, or designee, with overall responsibility and authority to manage the right of way production tasks of the Client. 17. Sub-Consultant: The consulting firm retained by the Consultant to perform the appraisal, appraisal review and title search tasks described in this Scope of Services. 18. Subject Property: The parent ownership from which an interest or interests are acquired. '-' ....,¡ 19. Title Search Report: The \Witten report setting out The results of the title search identified above. 20. Update: a procedure by which the value estimate of an appraisal is reconsidered as of a current date by analysis of market data which has occurred subsequent to the original date of value. An update may result in an increase, a decrease, or no change to the original value estimate. . C. CONSULTANT RESPONSmILITIES f The Consultant shall be responsible for all right of way production functions as defined in this Scope of Service and referenced manuals and procedures. The Consultant shall provide technical personnel meeting the requirements set forth in this Scope of Services in appropriate numbers and at the proper times to ensure that the responsibilities assigned under this agreement are effectively carried out. All right of way production tasks shall be performed in accordance with the guides, standards, procedures and directives that are a part of this agreement, either directly or incorporated herein by reference. t D. COUNTY RESPONSmILITIES The County shall: 1. Furnish the standard forms required to carry out the technical tasks pursuant to the agreement. . 2. Furnish all right-of-way maps, initial title searches and construction plans available at the time of execution of the contract and provide subsequent revisions to the construction plans issued during the life of the contract. 3. Review, approve and execute lease agreements prepared by consultant on County lease forms. 4. Review and approve requests for warrants. 5. Prepare and prosecute civil action and/or eviction proceedings against tenants. 6. Coordinate with other State agencies to resolve problems relative to parcels cited as hazardous waste sites. 57 '-' ...,; 7. Provide a Phase I Environmental Assessment for each commercially improved parcel to be acquired as part of the Right of Way acquisition program. 8. Consultant shall be entitle to rely upon that information which may be provided them from time to time from the County or others on behalf of the County, but excluding any sub-consultant, as being full, true, accurate and correct and, therefore, Consultant shall have no liability for the accuracy and correctness of such information. Consultant shall, however, call to the County's attention any errors or deficiencies noted in such information provided by others and assist, to the extent practicable, the County in the identification and resolution of same. Information referred to above includes, but is not limited to, right-of-way maps, drawings, legal descriptions, sketches, construction plans and the like, including all other information to be provided to Consultant by others and necessary for the prosecution of Consultant's work under the agreement. It is County intention, however, to hold Consultant fully responsible for verifying and obtaining information concerning the status of title that is available to Consultant during its on-site inspections of the individual parcels, and to the extent practicable, verifying documents and information provided by the County and identifying obvious deficiencies concerning same. The Consultant agrees to incorporate the provisions of this paragraph into any subcontract into which it might enter with reference to the work performed under this agreement. . . E. LIAISON The Consultant shall be fully responsible for carrying out all functions assigned to it by this agreement on the right of way project covered by such agreement. All activities and decisions of the Consultant relating to the project shall be subject to review and approval by the County. The Consultant shall provide coordination of all activities, correspondence reports and other communications related to its responsibilities under this agreement which are necessary for the County to carry out their responsibilities. F. COOPERATION AND PERFORMANCE OF THE CONSULTANT During the life of this agreement, the County or designee and/or the Florida Department of Transportation (FDOT) representative may conduct reviews of the various phases of the Consultant's operations. The Consultant shall cooperate with and assist the County and/or FDOT or their designee in the conduct of the reviews. 58 ~ ...,.; When deficiencies are indicated in a review, remedial actions shall be immediately implemented by the Consultant in conformance with the County's or FOOT's recommendations. In general, remedial actions shall be required commensurate with the degree and nature of the deficiencies cited. Additional compensation shall not be allowed for remedial action taken to correct deficiencies by the Consultant. II. WORK TO BE PERFORMED BY THE CONSULTANT A. GENERAL The following work to be performed by the Consultant is applicable to any roadway reservation, in addition to the parcels delineated on the RfW maps. 1. County shall provide Consultant with desk space for one person within the County's offices, for the duration of the agreement in order to respond to inquiries and to provide adequate coordination of work with the County, County personnel assigned to this project, parcel owners, and other interested parties. 4 Within this office, the County shall provide Consultant with secretarial support and office equipment (computer with standard software programs utilized by the County) sufficient for Consultant to carry out their assigned duties. The County shall also make available to the Consultant telephone service for local and long distance (for out of state property owners) telephone calls pertaining solely to work performed in the agreement. 2. Any person employed by the Consultant for work on this project in any capacity shall be available to testify in any eminent domain proceeding, relocation appeal hearing, or any other court matters relating to this project, as deemed necessary by the County's Attorney. 3. Consultant's Project Manager shall attend meetings, public hearings and consult with local officials as requested by the County. 59 """ """" 4. Consultant shall coordinate with other State agencies to resolve problems relative to parcels cited as hazardous waste sites. 9) B. Appraisal Services Appraisal services shall include preparing written estimates of market value for real property interests identified by the County, preparing written appraisal reports and updating appraisals as required. Sub-consultant shall be responsible for all work necessary and incidental to the completion of these appraisal items unless otherwise noted herein. Such work may include management and administration of further Consultants for fixtures and equipment, land planning/engineering, traffic engineering, architectural studies, and/or other specialty services as may be required to complete the' Scope of Services. Where damages are estimated and a cost to cure damage estimate is proposed, Sub-consultant shall furrúsh a site plan for the remainder property that complies "with the County's Land Development Codes. ~ 1. The Consultant shall require the Sub-consultant to perform all appraisal services necessary within the specified time limits. All appraisal services and analysis assignments shall be peñormed and prepared in conformance with the current Uniform Standards of Professional Appraisal Practice (USP AP), current FDOT Supplemental Standards and the current FDOT Appraisal and Appraisal Review Procedures. The Sub- consultant will be provided a copy of said Appraisal Standards and Appraisal and Appraisal Review Procedures upon request. 2.The Consultant shall issue Notices to Proceed for the following: · Written Appraisal Report: All written appraisal reports shall be prepared in compliance with current USPAP, current FDOT Supplemental Standard and current FDOT Appraisal and Appraisal Review Procedures. · Data Book: All data books and any supplements thereto shall be prepared in compliance with current USPAP, current FDOT Supplemental Standards and current FDOT Appraisal and Appraisal Review Procedures. · Updates: AU required updates shall be prepared in compliance with current USP AP, current FDOT Supplemental Standards and current FDOT Appraisal and Appraisal Review Procedures. · Letter Updates: All required letter updates shall be prepared in compliance with current USPAP, the FDOT Supplemental Standards and the current FDOT Appraisal and Appraisal Review Procedures. 60 '-' -...I Note: USPAP changes annually, with a supplement printed each July. It is the Sub-consultant's responsibility to use the "latest edition" or supplement. 3. Basic Appraisal Services a) Written Appraisal Report: 1. Appraisal Services: The Sub-consultant shall perform or have performed all services necessary to make an estimate of market value for parcels identified by the Consultant and shall deliver six (6) originals of a written appraisal report for each parcel to the Consultant. One original copy will be delivered at the beginning of the review period and five original copies will be delivered at the end of the review period after all corrections have been made and the appraisal is accepted. The report shall also address the following when appropriate. 2. Zoning: Determine and verify in writing zoning designations for each parcel with each appropriate governmental entity. Determine and verify the zoning status of the parcel prior to the County's acquisition, with respect to existing and pending variances, non- conforming uses (legal of illegal), and any previous or pending zoning or land use applications. Determine the impact of the County's acquisition on the parcel's zoning status, and verify in writing, the approved use of the remainder parcel with the appropriate governmental authority. 3. Comprehensive Land Use Requirements: Determine and verify the comprehensive land use plan status of each parcel with the Iocal Planning Department, including the status before and after the County's acquisition. 4. Concurrency: Obtain concurrency ordinances from municipal and county governments and determine the concurrency status of each parcel before and after the County's acquisition. 5. Impact Fees: Determine and verify any change in impact fees by parcel after the County's acquisition and provide a complete breakdown of all impact fees applicable to the parcel. 6. Cost to Cme Estimate (if applicable): Develop the cost feasible cure for the subject parcel by evaluating the factors described herein and other pertinent site and regulatory factors as may be appropriate. Develop a total estimate of the cost to cure based on 61 '-' ...., the selected scenario and considering building and site improvements, changes to access and drainage, regulatory costs and fees, architectural and engineering fees, and other cost factors as appropriate to the plan. This plan is to be submitted in writing and approved by the local zoning authority. 7. Parcel Analysis Data Summary: Compile and render the findings of analysis conducted on a parcel by parcel basis. The parcel analysis date summary shall be written, and shall contain adequate information to describe the findings and recommendations regarding each parcel. 8. Environmental Regulations: Investigate the current environmental regulations of the appropriate federal, state, municipal, county and regulatory agencies. Determine and verify the effect of environmental regulations on each parcel before and after the County's acquisition. Determine special items related to the cost to cure estimate with regard to factors related to environmental regulation. 9. Parcel Sketch: As needed, supplement right-of-way maps furnished by the County. Provide a parcel sketch for each parcel to depict existing and proposed property and right of way lines, area of acquisition, easements, residue, location of improvements, parking configuration (existing and proposed), location of site access points before and after the acquisition, depiction of building overhangs, and on site traffic patterns. 10. Site Inspection: Inspect the subject parcel site with the review appraiser, as practicable. Notify the property owner in advance of the inspection date, utilizing the current format in the FDOT Supplemental Standards. 11. Parking Lot Design: Evaluate the parking design of the subject parcel before the County's acquisition with respect to the potential number of spaces, configuration and layout, adherence to zoning and applicable design standards, encroachments of existing right of way, and any lease, easements, or other cross parking or joint use arrangements applicable to the site. Additionally, the parking should conform to all ADA requirements after the acquisition, and the design must be verified in writing with the appropriate government authority and an approval obtained. 62 14. IS. y ...., Design parking after the County's acqursltlOn to provide the greatest utilization of parking that complies with applicable zoning and parking design standards. Consult with the review appraiser in order to evaluate the effects of the proposed design. 12. Site Drainage Design: Evaluate adequacy of existing on-site drainage after the County's acquisition and, if necessary, develop alternative drainage solutions, including the potential usage of the County's drainage system if adequate drainage cannot be accommodated on site. . 13. Site Access (Egress and Ingress) Requirements: Based on alternative cost to cure scenarios, evaluate site access requirements for compatibility with proposed cures. Evaluate what types of driveways would be permitted subsequent to the acquisition. Driveway location must be compatible with access management policies, and the District wide Access Management Implementation Plan. Again ob~ written approvals for access after the acquisition. Building FIoor Plans and Structure Design: If primary parcel structures are to be affected by the proposed right of way, provide drawings to scale of the improvements before and after the acquisition as provided in the final cure scenario. . On Site Traffic Studies: Provide a written analysis of the on site traffic circulation pattern and parking utilization prior to the County's acquisition. Formulate, analyze, and select an on site traffic circulation pattern after the County's acquisition. The selected scenario shall be discussed and coordinated with the review appraiser and shall be granted written approval by the appropriate governmental authority. t 16. On-Premise Signs: On-premise signs are not to be included in the valuation process in the original acquisition appraisal except for permanent monument type signs which cannot be moved. Generally, on-premise signs will be handled by the Relocation Section, however the appraiser should analyze the effect that the sign relocation will have an on the remainder, including research of sign ordinances and the legal permissibility of the new sign location, along with an analysis of appropriate costs to cure. 17. Outdoor Advertising Signs (ODA): Outdoor Advertising signs must be appraised in the original acquisition appraisal in 63 '"'" '.J accordance with the Heathrow Decision and Guidance Document 3 "Outdoor Advertising Valuation" effective 8/18/97. The value of the Outdoor Advertising sign is to be included on the Certificate of Value as an improvement to be acquired. The body of the reports must also identify any leasehold interest due to the presence of the ODA sign. All of the property interest for the whole property and the acquisition must be separated in the body of the report and summarized at the beginning of the report. If the Sub-consultant is unsure of County appraisal procedures in the valuation of either ODA, on-premise or monument advertisement signs he/she must contact the County to discuss any valuation problems, methodology and obtain property procedural directions. 4 . 19. American with Disabilities Act: The Sub-consultant should make any necessary assessment of the subject improvements to detennine confonnance with ADA standards in both the before and after situations and detennine any necessary requirements that will be placed on the subject in order to effect a cure in the after situation. 20. Date of Valuation: Unless otherwise agreed to in writing by the County, the date of valuation for basic services and for Order of Taking hearings shall be the date of the Sub-consultant's last inspection of the property and shall be no more than twenty (20) days prior to receipt of the appraisal report by the County. If Sub- consultant is requested to make corrections on any report and the corrections are not received within the required time, the appraiser will be penalized. The date of valuation for this appraisal report must be twenty (20) days prior to the receipt of the corrected appraisal. Therefore, the Sub-consultant may have to re-inspect the property if corrections are requested. ~ . 21. Support Services: Services beyond the professional ability of the Sub-consultant in the areas of professional services (e.g., land planning, miscellaneous engineering, architectural, etc.) or specialty (e.g., sign specialists, aerial photographers, fixture appraisers, general contractors, etc.) shall not be perfonned by the Appraiser of Record. In these instances, the Sub-consultant shall invoke the services of lower-tiered Sub-consultants as necessary to support their appraisal. 22. When an approved site plan for a cure is needed for the remainder property, the appraiser must establish a reasonable probability that the cure proposed will be accepted and approved. 64 '-" ...., This can be accomplished by getting a letter from the property governmental agency that the proposed cure in place has reasonable probability of being approved in the future and if that fails the appraiser may submit all correspondence with the governmental agency before the due date. b) Appraisal Review Appraisal review services are to include, but are not limited to: reviewing submitted appraisals according to all applicable appraisal review standards and guidelines in accordance with the current Uniform Standards of Professional Appraisal Practice (USP AP), current FDOT Supplemental Standards and the current FDOT Appraisal Review Procedures. 4. Optional Services The Consultant shall issue Notices to Proceed for updates and additional parcels. The Notices to Proceed shall specify the scope of services and the fees to be paid. a) Updates: The Sub-consultant may be required to update the estimate of market value for parcels as required and to deliver six (6) originals of the written update report to Earth Tech. . b) Additional Parcels: The County may require the appraisal of additional parcels other than those originally specified for this project. Work to be performed and due dates will be established in a Letter of Authorization from Earth Tech to the Sub-consultant. c) Other Appraisal Consulting Services: The County may require the expertise of the Sub-consultant and his/her support staff for Consultation purposes. Such services shall be negotiated and a Notice to Proceed will be issued by the Consultant Services beyond the professional ability of the Sub-consultant in the areas of professional services (e.g., land planning, miscellaneous engineering, architectural, etc.) or specialty services (e.g., sign specialists, aerial photographers, fixture appraisers, general contractors, etc.) shall not be performed by the Appraiser of Record. In these instances, the Sub-consultant shall invoke the services of Lower-Tier Sub-consultants as necessary to support their appraisal. 5. Litigation Support Services 65 \wi """" The Sub-consultant or its lower-tier sub-consultant(s) may be required to perform litigation support services on those parcels set forth by the County. Litigation services may include, but are not limited to, the following: · Pre-trial or pre-hearing preparation. · Participation in mediation proceedings. · Preparation of court exhibits. · Attendance at depositions, pre-trial hearings, or other court hearings. · Appearance at Order of Taking hearings or trials. · Any other services deemed necessary by the assigned attorney to successfully litigate and defend the County's position in court (planning, engineering, architectural, business appraisals, etc.). Services 6. Delivery Dates for Basic and Optional Appraisal The Sub-consultant shall submit a complete written appraisal report to the County no later than the delivery date set forth in the Notice to Proceed, or in any supplemental agreement. The Sub-consultant shall simultaneously submit to the Consultant a copy of any transmittal letter(s), which was used to forward the appraisal to the County. The County may, by "Letter of Extension", extend an appraisal due date or any due date for correction of appraisal deficiencies. Extensions shall be authorized and signed by the County. Extensions requested by the Sub-consultant shall be by written request explaining in detail why such extension is necessary. The extension request has to be written in the form prescribed by the Consultant and must be submitted at least seven (7) days before the due date to be extended. The Consultant shall acknowledge acceptance or denial of the Sub-consultant's request in writing. t a) For late delivery of an appraisal report, an updated report or delivery of requested correction of appraisal deficiencies, liquidated damages shall be at the rate set forth be agreement for each day of default. b) Any optional service that is delivered later than the date specified in the Letter of Authorization, shall incur liquidated damages set forth by agreement for each day of default. c) Delivery due date in Paragraph 6. (a) and (b) above shalI be the date of delivery to the Consultant, and stamped in before 5 :00 p.m. on the date they are due. If the due date occurs on a weekday or holiday, the report will be due on the next business day. 66 \¡,,; ..., · 7. Miscellaneous a) The Sub-consultant and its lower-tier sub-consultants agree to meet with the County's representatives at the discretion of the County or the Consultant to discuss the progress of the appraisal services. 4 ~ b) The Appraiser of Record and/or any associate appraisers agree not to engage in any property owner appraisal services on the "25th Street" project. · c) The Sub-consultant shall submit a written list of, and secure prior approval of, the personnel the Sub-consultant plans to utilize as providing significant professional assistance for each parcel. Included within the individual personnel listings shQuld be a detailed description as to the levels of experience and training for each employee the Sub-consultant wishes to have considered and specifically what level of assistance each employee shall provide. The County, at hislher discretion, may approve or disapprove the use of any individual employee. 4 f d) The Sub-consultant may employ qualified Sub-consultants, not otherwise named in the Agreement, that are necessary to the completion of services outlined herein. For each lower-tier sub-consultant, the Sub-consultant shall submit the name and address of the further Sub-consultant and secure prior written approval from the County to employ the lower-tier Sub- consultant(s). The Sub-consultant will be responsible for the management, scheduling, and administration of all lower-tier Sub-consultant(s), including invoice processing and payment of the lower-tier Sub- consultants(s). · · · 8. Quality Control Program a) Quality Control Plan (QCP): The Sub-consultant shall develop an in-house QCP, which shalI detail the procedures, evaluation criteria, and instruction to its organization to assure conformance with current USPAP, current FOOT Supplemental Standards and the agreement. Significant changes to the work requirements may require the Sub-consultant to revise its QCP. It shall be the responsibility of the Sub-consultant to keep its QCP current with the work requirements. The Sub-consultant shall make available to the County and the Consultant a signed written copy of the QCP before submittal of the appraisal services as described in the Task Assignment. b) Quality Control Review (QCR): The Sub-consultant shall conduct in- house QCR's to make certain its own organization is in compliance with the requirements of the current USP AP, the current FOOT Supplemental 67 '-' ...., ~ Standards, and provisions of the contract. The Appraiser of Record will be required to certify that each submittal has been prepared and checked in accordance with good appraisal practice and represents a quality product. A statement that such a review has been accomplished is to be submitted to the Consultant and the County by the Sub-consultant in the Sub- consultant's Letter of Transmittal. 9. Consultant Responsibilities a) The Consultant will administer the techrúcal terms and conditions of the Agreement through the principal review appraiser for each project. b) The Consultant will make available to the Sub-consultant right-of-way maps, legal description, title searches, surveys, and construction plans, as necessary and available. 10. Length of Services . The provisions of this agreement shall remain in full force and effect through completion of all services required of the Sub-consultant or a two (2) year term from the execution of this agreement, whichever occurs first. a) The Sub-consultant shall commence Basic Services upon receipt of the Notice to Proceed from the Consultant The provisional duration of Basic Services under this agreement shall not exceed 200 days from the Notice to Proceed. b) Basic Services shall be completed in accordance with the time periods specified by the Consultant as shown in the individual Notices to Proceed. c) During the two (2) year term, Optional Services (e.g., Updates, Additional Parcel Appraisal Services, and Litigation Support Services) may be authorized subject to the time periods specified by the Consultant 11. Appraiser of Record a) The performance of the services set forth herein requires the expertise of an individual appraiser and the exercise of his or her independent judgment Therefore, it is understood and agreed by and between the Consultant and Sub-consultant that the Sub-consultant shall appoint T B .Q...as Appraiser of Record to personally perform all the appraisal services specified herein; however, should the Sub-consultant utilize the services of 68 ~ -.I other persons to assist the Appraiser of Record in performing said services, the Sub-consultant shall do so as described in this Scope of Services. b) The Consultant and the Sub-consultant recognize that continued and uninterrupted performance of the specified services is essential. Therefore, it is further agreed between parties that in the event the Appraiser of Record leaves the Sub-consultant's employ, the Sub- consultant shall assign this agreement, without limitation, to the Appraiser of Record or the Company employing said individual. 12. Appraisal Assignments Generally, all initial appraisal assignments are to be considered "complete" appraisals as defmed by USP AP and the FDOT Supplemental Standards to USPAP. Updated appraisals may be requested for Order of Taking hearings or date of deposit reports; these mayor may not be "complete" appraisals. The "Notice to Proceed" will indicate whether an update appraisal is a "complete" or "limited" appraisal. If there is any doubt in the appraiser's mind regarding the nature of any assignment, he/she should consult with the Consultant. 13. Reporting Formats a) A self-contained appraisal report will be requested for the most complex appraisals, usually involving partial acquisitions with significant damages. This format is defined by both USP AP and FDOT Supplemental Standards to USPAP. b) A summary appraisal report can be utilized for simple "strip" acquisitions or partial acquisitions involving damages and cost to cure damage estimates. The summary report is more fully described in USP AP and FDOT Supplemental Standards to USPAP. Basis 14. Individual Appraisal Problems on a Parcel by Parcel a) Consultant Project Manager: Brian Mekarski (561-632-0199) b) One of the key issues to be considered in these parcel appraisals is obtaining an accurate fixtures and equipment report with an inventory including ownership identification. Other areas of concern are the presence of contamination and the existence ofODA signs. c) Each of the appraisals performed must comply with USPAP and FDOT Supplemental Standards to USPAP. 69 '-' ...", . d) A phase I environmental assessment will be performed on each parcel by the County. If the phase I environmental assessment indicates that any of the parcels is contaminated, the County may chose to order a level II assessment. In this instance, the property may have to be valued "as is" and "as if' clean. In the "as is" scenario, the appraiser will ascertain a "stigma" adjustment, as appropriate. e) All the parcels require the acquisition of the fee simple interest in the entire parcel. f) All parcels will require a personal propertylbusiness fixture appraisal. Fixtures and Equipment Sub-consultants need, to the best of their ability, identify ownership of the fixtures (owner vs. tenant). . g) Properties that may be affected by hazardous waste may require remediation and these costs and that of "stigma" should be considered. A stigma analysis may be required, depending upon the nature of the contamination. The County will obtain a Phase I contamination assessment to determine the extent of the problem. C. TITLE ABSTRACTING Consultant shall have a Sub-consultant review the public records for the purpose of updating the record owner and all outstanding encumbrances on a parcel of land. Such a search shall include all records beginning with the earliest public records of the county in which the parcel of land is located. At the conclusion of the review of the public records, the Sub-consultant shall prepare a Title Search Report consistent with the definition provided hereinafter. 1. Title Search Report a) Requirements · The Title Search Report must contain the certification of the Abstractor and include all attachments as herein required. · Each Report shall reflect the complete parent tract legal description of the determined subject parcel on the typewritten report. · Every copy of the Title Report must cite all parties involved in every instrument reported, date of instrument, filing date, book and page of the instrument, all instruments referenced by another, and all pertinent remarks which help in deciphering the purpose of the instrument. 70 '-" ...." 4 · If the subject parent tract does not exactly match the legal description on the document of conveyance, documentation must be shown as to that difference (e.g., right-of-way conveyance, sell- off parcel, etc.). · Each Title Search Report and each updated Title Search Report shall be submitted in quadruplicate. · Each Title Search Report must be assigned a unique search number and shall reflect"the 25th Street Road Improvement Project . b) Re-certification and Updates · A written report setting forth all the changes which have occurred in the record ownership since the preparation of the original, or most recent Title Search Report. · Each Report must include attachments of all the instruments, including encumbrances affecting the subject parcel since the original search or most recent update. · It must also include the acquisition document(s). · Each report must reflect the complete legal description of the subject parent tract on the report. If the subject parent tract does not exactly match the documentation of conveyance, documentation must be shown as to the difference (e.g., right-of- way conveyance, sell-off parcel, etc.). c) Ownership Search · A written report indicating the present record owner, the name and address of the last grantee(s) of record, type of deed or document- transferring title, the dates of the transfers, book and page of recording, and certification of the Sub-consultant. · Each ownership search shall include a complete legal description of the subject parent tract, and legible and complete copies of all instruments relative to the search. · If the subject parent tract does not exactly match the legal description on the document of conveyance, document must be shown as to that difference (e.g., right-of-way conveyance, sell-off parcel, etc.). 71 '-' ...." · A name / personal judgment search must also be done for an ownership report. Judgments and liens are to be reported; divorces, certificates of death, corporate merges, etc. are required in order to accurately report the present title holder of a parent tract. d) Parent Tract Parcel · A tract of land under single ownership, which may have been acquired in one (1) or more conveyances, that are abutting or contiguous. If a conveyance includes land on both sides of a road or in separate blocks of a subdivision, it will ordinarily be considered one parcel of a title search. . · Noncontiguous lots within a subdivision or acreage under a single ownership will be considered separate parcels and separate reports must be prepared. The exception to this is when the noncontiguous real property has been acquired through the same acquisition document. Then one title report must be prepared. · For invoicing purposes, if research indicates that the real properties have separate and distinct chains of title then each chain of title may be considered as a separate parcel for the purposes of payment only. · Only one report will be prepared showing the documentation of said separate chains of title under the heading of ''title history". No exception to a title history report will be granted in a multiple billing for one (1) report. e) Special Requirements · All contiguous lands held by record owner are to be researched and considered one (1) report despite whether or not it lies outside the requei)ted area. Subject to parcel definition above. · Each Report must contain complete information regarding all open encumbrances and potential encumbrances for all contiguous lands held by record owner. An exception may be made, but only after notification from the Sub-consultant to the Consultant, or his/her designee. Any exceptions to full parent tract reporting are solely the decision of the Consultant. f) Atiaclunents to Reports 72 '-" >...,I · Each Title Search Report must include legible copies of all instruments, which are listed on the Title Report. Full size copies of Plats must be included. · Copies of an instrument shown within the report, which refers to another instrument, such as a Deed referencing a Mortgage, must be included within the report, UIÙess said referenced instruments have been satisfied or released. The Abstractor must note on the Title Search Report that the instrument has been released and a copy of the release, satisfaction, or termination document must be included. · Every type of report (Title Report, Update, Ownership) must cite all parties involved in every instrument reported, date of instrument, filing date, book and page of the instrument, all instruments referenced by another, and all pertinent remarks which help in deciphering the purpose of the instrument. g) Additional Documentation · Copies of additional documentation may be requested by the Consultant when it is necessary to obtain further information in order to clearly define the boundaries of parcels or the full extent and nature of encumbrances and/or ownership. · The additional copies, along with any research, will be considered part of the original research by the Sub-consultant and will be delivered in a timely manner at no additional cost to the Consultant. h) Documentary Stamps · State and federal documentary stamps (where applicable) shall be shown on all written reports for all conveyances listed in the search. i) Record Owner · Each Title Report must determine and reflect the exact manner in which title is held; including the full name, marital status (if it can be determined), type of corporation (e.g., a Florida corporation), and the present address of the present fee title hoIder of record. · A complete examination of documents of record, including Probate and Divorce Settlements, must be done. 73 '-' ...." . It is the responsibility of the Sub-consultant to determine how fee title is held, and to show all documentation. . The report must be prepared as if a title insurance policy was to be issued and closing documents were to be prepared. ~ j) Title History · A history must be shown within all Title Reports. Thishistory must report the last five (5) documents of conveyance over a period of no less than thirty (30) years, but not further back than 1950, inclusive. This includes judgments, divorces, mergers, etc., which clearly determine the fee simple title chain. · Any conveyance prior to 1950 need not be reported. However, a note must be made on the report, citing the following: "A full chain of title has been run on the subject property, but no documents are shown prior to 1950." k) Reporting Conveyance · For each conveyance, the report must clearly reflect the name(s) of the parties, the type of deed or document transferring title, the date of execution, filing dates of transfer, and book and page of recordation. . · When a reported conveyance contains a reference to another recorded instrument, the referenced instrument must be included and marked "SHOWN FOR REFERENCE". t · If the referenced instrument has been released, a copy of the release, satisfaction, termination, etc. which relates to the referenced instrument must be reported. 1) Reporting Encumbrances · All encumbrances and potential encumbrances to the title of a parcel shall be reported completely. The names of presidents and secretaries of corporations shall be reported if available. The following are specific requirements on certain types of encumbrances. m) Easements · All easements must be noted, including ones created with a deed. A complete copy of the recorded easement shall be shown within the title search. 74 \.of "" n) Taxes · Real estate taxes, both current and delinquent, must be shown with the Tax Folio nwnber on the title report, and must include the amount paid or due, stating "PAID" or "UNPAID" and must reflect the year. t · Tax sales certificates types, amounts, and parties having said certification must be cited. . · Exemptions and the amount of the exemptions must be typed on the reports. 0) Oil, Gas and Mineral Rights · All leases, deeds and/or royalty transfers, which include any surface rights, shall be reported. p) Reservations · All TRUSTEES and other interests of the NTERNAL IMPROVEMENT TRUST FUND Reservations, including Murphy Act Reservations; rights in reserve. . · The exact extent of the reservations and the deed number, where used, must be shown. ~ · Reverter clauses. · Life estates must be reported in detail. q) Individual and Corporate Name Search · Each Title Report must report all certified judgments liens within a twenty (20) year period against the present title holder. · All pertinent affidavits, certificates of death, divorces, and corporate information must be shown as to fee owners, mortgagees, and other lien holders. 75 ""'" -....,I · All corporations must be researched, and name changes, mergers, corporate statuses, including the names of officers and general partnerships, are reported. · Dètailed information must be supplied in order for the Department to prepare closing documents and contact all those parties holding an interest in the parent tract. . r) Leases · All Leases, Assignments of Lease, and Terminations of Lease must be reported. All pages of the instruments must be included within the report. s) Mortgages · All mortgages encumbering the parent tract must be reported. · All mortgages being reported must include pertinent information as described within this scope of services. t) Financial Statements · All Uniform Commercial Code (UCe) Financial Statements affecting the parent tract must be reported. t u) Estates t When the owner is deceased, the Title Search Report shall show: · Death Certificate, if applicable. · If probate proceedings have been initiated, the following items, if available, shall be included: (a) The will and any codicils, case number. (b) Petitionjor Administration. Name of all heirs as set forth in the petition. The name of Personal Representative. (c) Whether or not the Personal Representative is permitted to convey without bond. (d) Letters of Administration. (e) Inventory if subject property i1? included. (f) Notice to creditors and proof of publication. (g) Receipt for Federal and State estate taxes nontaxable certificate. (h) Order of distribution of the subject property. 76 '-' ....,,¡ (i) G) (k) Order of final discharge. Order of distribution, if any. Whether or not the estate is closed. v. Insanity Proceedings When reporting insanity proceedings concerning a present record owner, the date of commitment and name of the appointed Guardian are required, together with a statement concerning whether disabilities have been removed. w. Divorces When reporting divorces between record owners, any settlement concerning real property shall be reported in detail. All divorce proceedings must be reported in full. x. Guardianships When title to real property is vested in minor or incompetent, the report shall show the name of the appointed Guardian or a statement that no such appointment has been made. y. Bankruptcies . Bankruptcy proceedings to be provided, if applicable. z. Government Lands . When title to real property is held by federal, state or local government, the branch or agency holding title must be identified. A report on government land will be researched and reported exactly the same as a parent tract held by private ownership. aI. Subdivision Plats When a parcel is situated within a record plat, or a legal description refers to a plat, a legible, full-sized copy of the plat shall be included as part of the complete project package. If a platted parcel within an illegible recorded plat is encountered, a certification that the record plat is illegible shall be included. b 1. Condominiwn When a condominiwn is encountered within the limits of a project, the Sub-consultant shall: 77 '-' ...,¡ · Notify the Consultant's Project Manager or his designee immediately that a condominium lies within the project limits. · Obtain approval from the Consultant's Project Manager or his designee on necessity of a title search report on the common area of the condominium. · Include within the report a copy of the Declaration of Condominium, the· Articles of Condominium, By-Laws and a legible, full-sized copy of the condominium plat. · No title search reports on individual units within the condominium are to be prepared unless specifically requested by the Consultant in writing. · The notation: "No Search Made as to Individual Units" must be stated on the title search report for the common area. cl. Public Right of Way Title Search Reports must be prepared covering public and private right of way. If the legal description of the document granting title to the subject property of a search is no longer accurate due to additional right of way deeded or dedicated after recording of the last deed, the document deeding or dedicating the additional right of way must be included within the title report as an exception to the legal description of the subject property. A copy of the document must be included within the title report. In addition, separate title reports must be prepared showing title to all right of way within the limits of the project, unless dedicated by Plat. dI. Abstractor's Notes The Abstractor should include in each report any comments concerning personal knowledge of matters and any documentation which may affict the title to the real property under research. Any documentation obtained to back up note should be included e 1. Bankruptcies Bankruptcy proceedings, if applicable. fl. Fiduciary Documentation 78 '-' ..., Any docwnent creating or affecting a fiduciary relationship, such as guardianships or trusts. gl. Requirements for Re-certification and Updating Title Search Reports All re-certification and updated reports shall show: · Verification Present title holder must be verified, even if title is taken prior to time period of update. · Date Certification The beginning and ending dates of the updated report must be clearly shown. · Title Holders Property owners' names, exactly as they hold title, and the current address must be shown. · Documentation All docwnents recorded within the time period of the update, covering the subject property and the name search. · Taxes Current and delinquent taxes for entire parent tract must be reported, doag with the name of parties hoIding tax certificates, folio nwnber, paid or unpaid, the years involved, exemptions and amounts. · Notations If no instruments are recorded within the time period of the update, he notation "NO CHANGE SINCE PRIOR SEARCH" must appear on the report. 79 ~ v 4 · New Acquisitions If the present title holder newly acquires adjacent and/or contiguous property, which enlarges the original parent tract, a FULL TITLE SEARCH REPORT MUST be prepared on the additional lands along with the Updating of the fonner parent tract. The Sub-consultant must contact the Consultant's Administrator and/or his or her designee in writing as to the addition of land to the parent tract and the need for an additional Title Search Report. No additional work is to begin until written authorization is received from Consultant's Project Manager. hI. Fonnat for Title Search Reports The Subconsultant shall prepare all title search reports on eight and one-half by eleven (8 ~ x I I) inches white paper for each parcel in the fonnat contained in the sample report attached hereto. Each title search report must be assigned a unique search number and shall reflect the South 25th Street Road Improvement Project. i 1. Certification for All Reports Each title report, update, and ownership report shall bear the following certifications: · As to the Original Title Search Report: The undersigned hereby certifies that the foregoing Title Search Report reflects a comprehensive search and examination of the Public Records of St. Lucie County, Florida, showing the present ownership of the real property described above, together with all outstanding encumbrances and potential encumbrances affecting said lands. This report is not to be construed as an opinion of title. · As to Updated Title Search Reports: The Sub-consultant shall certify that the foregoing Updated Title Search Report reflects a comprehensive search and examination of the Public Records of 8t Lucie County, Florida, witlùn the time mentioned above for the sole purpose of updating the subject Title Search Report, referred to as Search No. This report is not to be construed as an opinion of title. . As to Ownership Reports: The Sub-consultant shall certify that the foregoing Title Report reflects a comprehensive search and examination of the Public Records of 81. Lucie County, Florida, showing the present . 80 "'" ...." . ownership of the above-described property. This report is not to be construed as an opinion of title. j 1. Consultant Responsibilities Consultant shall: · Provide a Project· Manager for administering the terms of this Agreement, who will be: Mr. Brian Mekarski Earth Tech Consulting, Inc. 3750 NW 87th Avenue, Suite 300 Miami, Florida 33178 Telephone No.: 561-632-0199 10) D. RIGHT OF WAY ACQUISITION SERVICES 1. Negotiations: a) General The Consultant shall: , · Conduct in-depth interviews with business owners to determine eligibility for potential business damage claims and obtain appropriate documentation. · Review title searches provided by the Subconsultant and verify all title work. · Review RJW maps and construction plans provided by the County. · Notify affected parties of rights to appraisals and/or business damage reports pursuant to Section 337.271, Florida Statues, and any and all other applicable sections of the statues. · Verify that legal descriptions, RJW maps, surveys (if provided) and appraisaIs correspond. 81 '-' ...." . · Upon the request of the FDOT or County Project Manager, will be responsible for preparing Value Finding. The Value Finding format can be used for non-complex appraisal problems. The scope of this assignment is limited to analysis of the market and a conclusion of value. Market analysis may be based on information from data books, appraisal reports, or studies done by others for FDOT. A Certificate of Value Finding will be signed and dated by the Consultant. · If the parcel cannot be negotiated, provide adequate notification to the FDOT or County Project Manager, that an appraisal report and review are required in order to proceed to an Order of taking hearing. · Initiate negotiations by making purchase offer including approved market value estimate and, if necessary, approved business damages, replacement housing payments, and an explanation of relocation benefits. · Issue all applicable notices in accordance with State and Federal policies and procedures. · Recommend lease agreements, when appropriate, to the County, and prepare necessary documents for execution. · Conduct negotiations for the acquisition of each parcel in accordance with all FODT policies and procedures. · Negotiate directly with tenants where parcels are being acquired on which tenant owned improvements are located in accordance with FDOT policies and procedures. · Assist in coordination with any organization, whether public or private; when requested by the County, for the purposes of identifying, investigating and/or remediating any environmentally unsafe condition on any parcel. · Thoroughly document all contacts with the property owner and/or his representative. · Establish and maintain an accurate and complete working file for each parcel, while transmitting all original docwnents to FDOT's and County's Project Manager within seven (7) working days of receipt. 82 '-' ~ . b) Business Damages A Qualified Certified Public Accountant (CPA) may perfonn any or all of the following services at the County's discretion. The actual number of business damage reports cannot be detennined until the business survey questionnaires (See Relocation) are completed. This actual number will be detennined by County's written authorization on a unit-by-unit basis. (The County does not guarantee any minimum or maximum number of assignments.) The services are: Detennine whether each business to be examined meets the requirements of Section 73.07I (3) (b), Florida Statutes, including, but not limited to: · The right of way acquisition represents a partial taking of the property the business occupies; · The business will have been in operation for an uninterrupted period of 4 years or longer prior to the date of acquisition; and · A property right is being taken. Visit each business examined to determine the probable impact of the partial taking on the business operation. Interview the business owner and/or any designated representative to the extent necessary to ensure that a complete understanding of the business operation is obtained. Prepare a Business Damage Estimate Report for a qualifying business(es). One (1) original and five (5) copies of each report shall be submitted. Such report(s) shall comply with requirements in accordance with Chapter 14-102, Florida Administrative Code "Report of Estimates of Probable Business Damages on County of Transportation Projects." All Business Damage Estimate Reports submitted will be subject to a review for compliance with the requirements of Chapter 14-102, F.A.C. The review will be perfonned by the Cóunty and/or by a registered State of Florida Certified Public Accountant(s) under contract with the County. All other assignments will be subject to review by the Project Manager or designee. All assignments other than requests for attendance at meeting will be issued in writing to the Consultant. The delivery date for each assignment will be determined mutually and the time necessary for completion of an assignment will vary; however, the range of time allowed will be based generally on the following: 83 '-' "'" . · Eligibility studies: Two (2) to three (3) weeks. · Report preparation (including research, analysis, report writing, assembling and submission: Three (3) to five (3) weeks. · Preliminary cost estimates and other search assignments: Two (2) to four (4) weeks. · Review of Certified Public Accountant/owner/tenant reports: Two (2) to four (4) weeks. . The Consultant shall: Provide consultation services to the County on matters related to business damages, including, but not limited to: · Perfonn preliminary cost estimates to the extent possible with limited data on planned, proposed or hypothetical situations. This may include assignments in connection with County acquisition, eminent domain strategy, pre-litigation mediation and settlement conferences, and/or meeting with the County's Business Damage Review Committee. · Conduct research, such as observation of business activities and parking studies, which may include use of photographic or videotaping equipment. This may be perfonned by the Certified Public Accountant or through employment of specialists. · Meet in person with the FOOT, County Project Manager and other County personnel to discuss any aspect of this contract and the assignments as described above, items I through 5. c · Perfonn a review of business damage reports submitted by other Certified Public Accountants under contract with the County, land owners and/or tenants for recommendations to the County for negotiation purposes. · Review of land owner and/or tenant Certified Public Accountant fees. Certified Public Accountant may be required, on an as- needed basis, to update their business damage report. Certified Public Accountant shall serve as an expert witness in legal proceedings, if required by the County. The fee for these services shall be established if, and when, they are needed. Consultant shall obtain the business owner's damage estimate and forward to County. 84 ~ '-II . Consultant shall: transmit reviewed business damage estimates to County for approval by the County; make oral presentation to County's Business Damage Review Committee regarding the taking, appraisal report, other pertinent studies and business damage reports. f « Consultant shall conduct negotiations for business damages with the business owners based on the approved business damage estimate. Certified Public Accountant services shall be negotiated separately when required and the County shall a Letter of Authorization to the Consultant specifying the work be done and the agree Maximwn limiting Amount of Compensation. Monthly payment for such services shall be based on approved rates incurred for such services during the billing period. c) Mediation Consultant shall oversee County personnel and, if required, participate in the non- binding pre-litigation mediation process (up to the Order of Taking), including, but not limited to, scheduling, notification, preparing the mediation report and presenting the County's position at the formal mediation hearing. The mediation report will consist of, but is not limited to, property description, outline of appraisal(s) and a summary of negotiations. Final authority for mediation rests with the County. Consultant is also responsible for processing all requests for payments of mediation services. . c d) Settlements and Closings The Consultant shall: Receive counteroffers from property owners or their representatives for consideration by the County. When appropriate, prepare justifications and recommendatións for administrative settlements and submit such recommendations to County for further handlings. Prepare and process invoices for requesting warrants for settlement and Order of Taking deposits, deposit Order of Taking warrants in accordance with County policies and procedures. Conduct all necessary closings, and all related activated including, but not limited to, updating the title search, satisfaction of all liens and transfers, recording of all title 85 "'" " · documents, collection and payment of prorated real estate taxes and execution ofIRS form 1099S. Prepare a preliminary real property/personal property inventory for each parcel in accordance with County policies and procedures, and update same as applicable. · 4 Review all available information and resolve discrepancies, if any, between parcel inventories, appraisal reports (whether approved or unapproved), relocation inventories, property owner's inventories, and tenant inventories. Receive and respond to all inquires for the sale or lease of surplus real property. Inspect, determine, and document the need for rodent control, and so inform the County. Prepare saIvage value estimate for improvements that are to sold back to the property owner. · e) Suit Preparation The Consultant shall: Review title search provided by the Sub-consultant and verify all title information, obtain all suit information from property owner and comply with Florida Public Disclosure Act. · Under supervision of County Attorney, provide comprehensive administrative support in the area of preparation, styling and filing of lawsuit packages, organization of same and all required photocopying. 4 f) Legal Support Consultant shall provide personnel to assist County's attorneys in obtaining Orders of Taking; including, but not limited to, providing testimony (during the life of the contract) and responding to inteITogatories, preparation of pleadings and lawsuits, obtaining case numbers, filing lawsuits at County Clerk's Office and obtaining an Order of Taking hearing date. g) File Retirement: Within sixty (60) days after title transfer on a parcel, the agent and designated Quality Assurance person must thoroughly review the field! working file to ensure that 86 '-' ....".¡ the file and all documentation comply with all County policies and procedures. Any findings must be brought to the County's attention with a proposed solution and a schedule to implement corrective action. The Consultant Project Manager will then transmit certification that the task has been completed to the County. 2. Relocation a) General The Consultant shall: Establish and maintain an accurate and complete relocation working file for each displacee, while transmitting all original documentation to County within seven (7) working days of receipt. Comply with all reIocation requirements, policies and procedures of the Unifonn Relocation Assistance and Real Property Acquisition Program (49CFR), hereinafter referred to as 49CFR. b) Needs Assessment Survey f The Consultant shall: Research and prepare Relocation Needs Assessment Survey in accordance with 49CFRand FDOT Right-of-Way Manual, and submit to County for review and approval. This Relocation Needs Assessment Survey must be submitted within sixty (60) days of the contract's Notice to Proceed. 4 . This Survey shall include, but is not limited to, the following: o relocation surveys o accurate relocation schedules o pertinent census data o inventories of chamcteristics and needs of individuaIs, families, and business operations to be displaced o an inventory of likely business damage candidates o inventories of comparable decent, safe and sanitary replacement dwellings available for sale or rent o current reIocation cost estimate c) Advisory Services The Consultant shall: Present all relocation offers to owners and tenants. 87 '-' ~ Maintain up-to-date surveys of available replacement housing and business sites. Advise displacees of availability of comparable replacement housing and business locations. Provide relocation assistance in accordance with all 49CFR policies and procedures. Calculate all appropriate relocation payments and costs. All computations which detennine compensation for displacees shall be prepared, reviewed, and approved by separate, qualified individuals. Prepare claims packages and submit to County for approval. Review all Relocation Appeals and prepare response for County's review and approval. Provide personnel to assist County and County's attorney in obtaining all information pertinent to Relocation Appeals including, but not limited to, providing testimony and accwnulating infonnation. 4 Provide field surveillance and docwnentation of business and residential relocations when required. Deliver warrants to displacees. The person calculating the payment and the person approving the payment shall not deliver warrants. . . Issue and deliver notices to vacate property. Notify County of need for eviction notices. Prepare and process invoices for requesting warrants for payment of claims, Docwnent all contacts with relocatees and lor others involved in relocation (at a minimwn, contacts shall be at 30-day intervals.) Review all available infonnation and resolve discrepancies, if any, between parcel inventories, appraisal reports (whether approved or unapproved), relocation inventories, property owner's inventories and tenant inventories. Be available to testify at all Relocation Appeal hearings during the life of the contract. Within sixty (60) days after completion of final relocation activity for a displacee, the agent and designated Quality Assuarance person must thoroughly review the 88 '-' "'-' field/working file to ensure that the file and all documentation comply with all County and FDOT policies and procedures. Any findings must be brought to the County's Project Managers with a proposed solution and a schedule to implement corrective action. The Consultant Project Manager will then transmit certification that the task has been completed to the County. 3. Property Management a) General The Consultant shall: Prepare a preliminary real property/personal property inventory for each parcel and update the same as appropriate in accordance with County and state policies and procedures. Be responsible for having the construction corridor cleared of any and all improvements within the time frame dictated by the project's Construction Certification date. This includes, but is not limited to, the removal and disposal of any encroachments on existing right-of-way or any improvements located in proposed right-of-way that mayor may not be delineated by a parcel number (for example, a TIITF reservation). Inspect, determine, and document the need for rodent control. If rodent control is required, the Consultant shall arrange for extermination Services. 4 Prepare and process invoices for requesting warrants for property management services including, but not limited to, demolition, asbestos surveys and asbestos abatement in accordance with FOOT policies and procedures. Review all available information and resolve discrepancies, if any, between parcel inventories, appraisal reports (whether approved or unapproved), relocation inventories, property owner's inventories, and tenant inventories. Prepare salvage value estimates for improvements that are acquired. Maintain an accurate and current working file for each parcel requiring property management services, and forward original documentation to the County within seven (7) working days of receipt. Assist in coordination with any organization, whether public or private, when requested by the County of the purposes of identifying, investigating and lor remediating any environmentally unsafe condition on any parcel. Maintain an inventory of all uneconomic remainders. 89 '-' -...I Receive and respond to all inquires for the sale or lease of surplus real property acquired during the life of the project. Be responsible for inspecting all properties in accordance with County and FDOT policies and procedures. All inspectors shall continue until the letting of the Construction Contract or the County's disposal of property. The date of the letting or disposal shall be documented in the file. Advise the County of warrant repairs, lawn maintenance, board-up and other maintenance services indicated by on site conditions and, upon County approval, make arrangements to secure corrective services through a subcontractor in a manner consistent with County policies and procedUres. At the conclusion of the project, submit to the County a detailed report including an inventory of all potential surplus property acquired and a record of all inquires for the sale of such surplus. Be available to testify at any hearing relative to property management and I or environmental concerns during the life of the contract. . b) Rental Management The Consultant shall: . Recommend lease agreements, when appropriate, to the County, and prepare necessary documents for execution. Collect rental payments, only in the form of check or money order, made payable to the St. Lucie County; prepare and process required invoices for transmittal of rental payments in accordance with FDOT policies and procedures and forward to the County Project Manager. Provide the County with a montWy accounting of all rents due, collected, and delinquent during the given month. Monitor delinquent payments, issue delinquency notices, and attempt to collect delinquent payments. Advise the County of cases where eviction proceedings are indicated, whether for delinquent rental payment or any other reason. Arrange transfers of utility services and billing to the County's name when necessary; prepare and process required invoices for payment of utilities in accordance with County 90 '-' .-...1 policies and procedures. Advise all utility services to disconnect service and remove equipment prior to demolition of improvements on each parcel. Receive, investigate and respond to complaints relative to parcels owned by the County. Advise County of warranted repairs of maintenance services indicated by on-site conditions, and upon County approval, make arrangements to secure cOlTective services through a subcontractor in a manner consistent with County policies, procedures, and law. c) Demolition: The Consultant shall assist the County in the advertisement for procurement of and administration of demolition, architectural, general contractor, and I or land planner contracts in accordance with the County's policies and procedures for competitive bidding. In the course of assisting the County in the procurement of these contracts, the Consultant will be responsible for advertising (and incurring the cost of advertising) the request for bid in a newspaper of general circulation per County procedures. The Consultant is also responsible for preparing the scope of Services Sections of these contracts, under the direct review and approval of the County. · · After an asbestos survey has been conducted and approved and after asbestos abatement activities, if any, have occurred, all improvements within the right-of-way shall be demolished when instructed to do so by the County. · The Consultant shall provide adequate field supervision of demolition activities to ensure compliance with all County policies and procedures as well as all terms of the demolition contract. All demolition contracts shall be made between the County and the demolition contractor. For any miscellaneous demolition activities including, but not limited to, sign demolitions which are included in the Scope of Services of a demolition contract, the Consultant must complete the demolition activity in order to be paid for a "demolition" unit type. . d) Environmental Management and Administration The Consultant shall: Assist in coordination with any organization, whether public or private, when requested by County for the purposes of identifying, investigating and/or remediating any environmentally unsafe condition on any parcel. 91 '-' "'-' Assist the County in the procurement and administration of an environmental consultant and/or contractor to conduct environmental assessment and cleanup activities required to address and resolve any and all environmental issues such as abandoned hazardous materials, soil and groundwater contamination, etc., located within the project limits. Assist the County in the advertisement for, procurement and administration of contracts for the de-commission and removal of all affected polutant storage tanks (above and below ground). Tank removal projects shall be conducted pursuant to all federal, state, and local standards and shall include those activities necessary to address environmental contamination associated with the storage tank system. Assist the County in the procurement and administration of an asbestos consulting services contract to ÏI!.clude, but not be limited to, those activities necessary to conduct asbestos demolition surveys, prepare asbestos abatement specifications, administer abatement contracts, conduct abatement supervision, and prepare final clearance activities. Asbestos consulting activities shall be performed under the direction of a licensed asbestos consultant. Assist the County in the advertisement, procurement and administration of contracts for all asbestos abatement and provide notification and coordination with the appropriate governmental agencies. . Provide adequate field supervision for all environmental activities to ensure compliance with all County policies and procedures as well as all terms of the various environmental contracts. . All contracts shall be between the County and the asbestos consultant, abatement contractor, environmental contractor, and property maintenance contractor (i.e., for rodent extermination, repairs, lawn maintenance, board-up, etc.). All forms and contract documents shall be provided to the Consultant by the County. 4 In the course of assisting the County in the procuremçnt of the above referenced contracts, the Consultant will be responsible for advertising (and incurring the cost of advertising) the request for bid in a newspaper of general circulation per County procedures. The Consultant is also responsible for preparing the Scope of Services section of the above referenced contracts (including, but not limited to, those contracts above), under direct review and approval of the County. All contract documents and forms will be provided to the Consultant by the County. e) Asbestos The Consultant shall review all asbestos documents to ensure the documents are properly prepared in accordance with FDLES's State of Florida Building Asbestos 92 '-' ...,.¡ Survey Specifications (for Surveys); Rules 381-40. F.A.C. and FDLES's guide for the preparation of operations and maintenance plans ( for 0 & M plans ); and the FDLES standard Technical Specifications for Asbestos Abatement (for abatement specifications ). Reviews will be perfonned using the County's checklist for these purposes. Reviews will be completed for each survey, 0 & M plan, and set of abatement specifications. The reviewer shall be certified as an Asbestos Inspector and as an Asbestos Management Planner and have a minimum of three years of administrative experience in the asbestos field. 4 . 4 93 '-' ......, St. Lucie County 25th Street Right of Way Organizational Chart Eath T-n Conautling, Inc. ON"'" Claire Trone! st. Lud. Countr CI__ TItle Upd-. Treastre Coast Abstract & TIÖIt EMh Tech ConNtlng, Jnr:. PnoJocl"-_ La:h M""",", AccpaIUon AclmirUtl'lll:ar BriM_ Prq>eny Acqul....on Managr Don Col. Ag...1I JCNW'1neRiIey RelocMIon AdmlnisCntor Patsy Masten . ~ . ! II I ~ p - f ¡ I~ J r r II ~ ~ p: ¡ °1 ~ ( I '" ~ J f II I { f ] I i i [ t\ I & .. D III D !- = ~ r ~ '- ....., ~ ~~~ . .., . ". . :~.i:~Ji.~;,,-.~ . , ~ t t: It; :!: & II! ~ !:I ~ ~ ~ I::: ¡:: ~ ~ ~ 8t !:t ~ IJ: ~ t! ~ I.':! I:! ; ; ::; ;; c: <:: c: w = :;; ,., .. "'1'" I'" ... ... .. ... e ~ w w w w w w w w w w w w w m m m m ~ m m m m m m m w m w w m w m m w w w w w ! m ~ 4 I iH -i C ~ ~ ,~Èi:E i ! ! ! ; ~ I ! ! ! ! ! ! ! ! ! ! ~ i ! 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Ô À À À :¡¡ :¡¡ ... .. ~ ... À 0> '" .. À .. .. ... i ~ I.'! ~ r ~ .. .. .. $0' ~ '" t! is -.. J ~ ~ À ~ :.. .. ~ '" .. .. .. '" ¡" ¡" ~ .. ¡;; ¡;; ¡g :.. .. .. À '" .. ... f¡!~~¡nl~i~ Í!'1: :!t 8 'j.Ji-,) ~ ~ (.) êJ '" '" r ~ ~¡ 11 1: e !%- ~ .. .. po '" t .0 .. ~ ~ ¡¡ ~ ... .. ' .. ~ !" ~ t ~~ .. :.. ¡;; .. ¡" io ~ .. .. .. ... À '" <0 .. ... .. .. .. ~ ~ ~ ~ .. ~ ;;¡ ... ~ ... ... .... '" '" '" '" ... ;" N ~ m ¡" ~ in ~ 2 ... '" <-> '" omo ¡.~g .. 3 .. .. 5- 6"S' :-1 ;a. È' ~ 15- 'ê... ::'0 o~o !" :s g NO : 8 ~ - æ " '" !II '" s- IB jiJ !f . 4 f I\) c.n - ~ ~(J) ~t;' ~ CD ;uS- 0_ ~(J) C;;::tJ men a.~ ~c.n a- ;:E O' -- Ø)Q. a. CD ::I -. ::I (Q 4 . . ~ TO: '-" AGENDA REOU...../ ITEM NO. C-6b DATE: September 11, 2001 CONSENT [X] REGULAR [ PUBLIC HEARING [] Leg. Quasi-JD. [ BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Public Works SUBJECT: BACKGROUND: FUNDS AVAIL. : PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: [X] APPROVED [ ] OTHER: (}.. County Attorney: Originating Dept: Finance: (oopies only): Budget Amendment BAOl-182 / Equipment Request EQOl-296 The Oxbow Eco-Center is requesting to purchase a counter for the Center Gift Store. We compared costs of pre-fabricated, modular counters and a custom-built counter specifically designed for the odd shape in the store. The apparent low bid came from Patricia McCarren Designs at a cost of $1300.00. . . Funds are available in 001-7912-552000-700 transferred via the Budget Amendment (Machinery & Equipment) . (Operating) and will be to 001-7912-564000-700 n/a Staff recommends approval of Budget Amendment BAOl-182 and Equipment Request EQOl-296. DENIED Coordinatio Mgt & Budget: Other: if: -4 Purchasing: Other: ~ ....,,¡I BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: PREPARED DATE: AGENDA DATE: PUBLIC WORKS-R&B- CHILDREN'S ENV LEARNING CTR 09/05/01 09/11/01 , TO: 001-7912-564000-700 $1 300 FROM: 001-7912-552000-700 $1,300 4 REASON FOR BUDGET AMENDMENT: To urchase a custom made counter and re ister area for if! store at the OxBow Eco Center. EQ01-296 CONTINGENCY BALANCE: nla THIS AMENDMENT: nla REMAINING BALANCE: nla DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: f/¿¡) 01-182 G:\BUDGElìQuallro\GENERAL \F ORMS\AMENDMO 1. wb3 '-' ...; C/) 0 Q) fj E ~ <::> .E; ~ C\ ::::: EJ , ~ <::> "tJ ~ g e:: EJ g¡ ~ "tJC/)Q)O 10 c:: ;::: ..Q ï:::: c-:. <tJ.~ m U)S:::;:::s; "'" Q) ... ~ ø Q) "- .t:,s..."" , l)e::Q).2 "'" CI) ·S :::J 1: U) g ~ 108:::'0 « 0.... m <t:::~l)C/) 0::: 100,Q)~ w- Q)C::£ã5 ZO .QQ.......t: 00 ;:::Q)OU) _N "~ :S ~ g¡ me CI)'õi2e mo g.~ e:: Q) ...; a:: -0 ....coeE,s w :::!:N Q¡ J:: <,;; :::. .!:Q m :::!:o::: ë 1:: . Q)e:: 01 :iE 0« w :::'C/)~Q)~ ::J C Q) ~ z uw_ o .t: co Q) Z l)l) ".t:.,c:: I- ~>-!:2 w Q) ·s ~ ~ ..-. z :iE ~ ,_:;:: 10... ..J- ¡"':~.t:~.E ::J Ze:(:!: :iE C\ C/) ...... 0 ~ucn 0 .!t-<bQ)...... 0 ~0.t:~1! omo 0 OJ:::l)C/)C/) 0 uï:i:.. w 1ij Q. ,E; 01 c:: c( LLO:::~ 0::: <t::~co~~ '- C") o,......."".g oOe:( 'õ,sCIJ~Q. CLLC "'§{gQ)e 0:::1-« Ë8êij:S'ö e:(mc o "tJ Q) co owz (JC'Or:::;::::::.c:: aJ~w "tJQ)EJi:t:: Q) ::> C/) ~ ~oC) Q.. co _ we:( ... co.t:~:=::.t: ,s .t: ;¡¡: C ~ .~ zO::: e:: C/)~<:( .t: ~I- Q) :g:s,s~~ ü OZ , o o.gg cofj UW 0 .2 III 0 .~ e:: w:::!: ttl .E; :.:, ê ê ;;¡ _D.. ~ ~Q3o~~ u- 0 o ,~ l) ..... "tJ ~~ .Q ð "-'Oo('Oc: ..JO "'Q)COQ).J!! ,w Q)Q.--<t.I ....... ....C/):;::~ l- e:: ~ ;:::: .~ :::. Q) Q)'~ m III 8~1ij·e::CIJ C/J c a:: C/) Q)e::~:Sø ....... Cb "tJ Q Q) .~ :§ ~ ¡:. COC/):S ... :::. 91!Cb"2,s co '" 0 Q) ~ C/) E l) ~ 13 .!!2 C\ æ .2,S: ~ 2 ~ , "'" ~ C/) co _ 1;5 "" <::> -g a <t::: -& e:: Cb 0 ._ 0 ~ LU Q.. <:(CO.t:l) it 0 w .:.: 0::: I- Z Z w w :iE :iE I- a.. 0::: 5 c( a.. 0 w w c '-' ....,¿ Display Direct 2554 Stowe Drive LaMence, KS 66049-1870 Phone: (888) 638-2216 Fax: (785) 842-2296 4 BC9186P 7' Full vision showcase $401.16 WC9186 6' Wrap Counter $312.71 RC9182WT Register Stand/Showcase combo $245.84 OSBC9180 90 degree open comer seller $210.53 t subtotal $ I, I70.24 Estimated Freight: $300.00 Total cost: $1.470.24 ~ Allen Designers, 1716 Shelby Oaks Drive N. Suite 5 Memphis, TN 38134 Phone (800) 523-1192 Fax (901) 937-8777 PN60 70" All vision showcase $417.00 PNwn 60" Wrap counter $408.00 PNRCS Cash stand with recessed well top $242.00 PNC90 90 degree comer filler $221.00 subtotal $1,288.00 Estimated fi-eight: $300.00 Total cost: $1588.00 \..; Patricia MCCARREN DESIGN Artistic Design Consultation 407 Indian River Drive Cocoa, FL 32922-7734 321.633.4175 pmccan-en@gnc.net Date: 08/21/01 Current design consultation: Description: Dimensions: Price: -...I Sandra Bogan, Superintendent Oxbow Eco-Center 5400 St. James Street Ft. Pierce, FL Base Cabinets & Counter Tops for Oxbow Eco-Center Gift Shop Plan! Gift Shop Floor Layout with Counter Tops Installed w/ Counters, Sun·age Areas, Windows & Door Dimensions . Plan II (2) Counter TOI- l.ayout Shapes (1) End View of Counter Top Cutout and Drop-down for Register/Computer Back-View of Counter w/ Shelving/Storage Front-View & ~·.ntry- View of Counter w/ Slate Boards Register Counter Top 6 ' 6" length x 20" width 36" height Counter Top by Entrance 5 ' 5" length x 20" width 36" height Base Cabinets for Shelving/Storage Counter Top wi Laminate $800.00 $300.00 Total Price $1100.00 Ndc: 4 200 ,,¡~~ <i4Ô'Å jm Wtow> ~ ~ r '-' AGENDA REOU·... JI' ITEM NO. C-6c DATE: September 11, 2001 CONSENT [X REGULAR [] PUBLIC HEARING [ ] Leg. [ ] Quasi-JD. [ TO: BOARD OF COUNTY COMMISSIONERS BY: SUBMITTED BY (DEPT): Public Works ow Eco-Center SUBJECT: Budget Amendment BAOl-183 I Equipment Request EQOl-297 BACKGROUND: The Oxbow Eco-Center is requesting to purchase a SCGA multi-media projector for Powerpoint presentations. The system provides projections of up to 260 inches and 1100 lumens in brightness, and is perfect for use in the center where high ambient light is prevalent. The apparent low bid came from Office Depot at a cost of $3942. FUNDS AVAIL.: Funds are available in 001-7912-551200-700 (Equipment less than $750) and will be transferred via the Budget Amendment to 001-7912- 564000-700 (Machinery & Equipment) . PREVIOUS ACTION: nla RECOMMENDATION: ¡ Staff recommends approval of Budget Amendment BAOl-183 and Eqbipment Request EQOl-297. .~ COMMISSION ACTION: [X] APPROVED [ ] OTHER: DENIED ~. County Attorney: ,. Origina.ting Dept: Finanoe: (copies only): Coordinatio Mgt & Budget. Other: Purohasing. Other: ~f ß '-' BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: PREPARED DATE: AGENDA DATE: PUBLIC WORKS-R&B- CHILDREN'S ENV LEARNING CTR 09/05/01 09/11/01 TO: 001-7912-564000-700 $3,942 FROM: 001-7912-551200-700 E ui ment less than $750 $3,942 . REASON FOR BUDGET AMENDMENT: resentations at the OxBox Eco Center. . EQ01-297 CONTINGENCY BALANCE: n/a THIS AMENDMENT: n/a REMAINING BALANCE: n/a DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: 01-183 G:\BUDGETIQuattro\GEN ERAL \FORMS\AMEN DMO 1. wb3 '-' -..""I U) c: @ Q) E CI) .2 <::> s: 0 <::> ~ 0 "- ..- , <::> ..- g "0 c: "t- O ro .c: U) <0 LO <: U) ~ E , Q) :::: ro C'.l 13Q)L.. .... 0) .!: :ë ~ "- :.;; L.. , CI) CI) Oroa. .... ~ ~ <0 a. c: <::> C'.lEo_ p °o:¡:¡c: "'O(Ða> CI) g..!!! g ~ .............""cO a:: O-Q)X ui W'I'" U) ..... Q) Zo c:c:::JC: E OQ)oro ~ 00 '- - 0 _N OCO~:ß OJ a¿ Cl)Q Q»-N ~ .õ' ~ m .- w Cl)0 ë L.. Co:t::S a. aJ -0 a. >:3.c: ::æ: :::!EN w U) .!!! .!!! .c: ° C Q)"""....,om ::I :::!Ea:: z ë "0 .c: .- .- Q) Z ._ OJ c: ~ .;:; Oe:( w W >=:3 :3 I- UW'I'" ::æ: > eCUJ ~o z ~>-~ ::æ: 0 a.Q):E E . ::I 0 _ .- I- ro OJ 0 -1'1'" a::: m.a ......S 0 D.. £ E ui ~.!: 0 Ze:(~ W D.. U)m_....ro 0 ::Ium a::: « c:.c:~a..;:; « OCl)O o 0) ... L.. uï:i:.. ;:.Eo~:H !!Q)~ro_ u.a::W c: L.. 0 :; c: OO!;( Q)Q)Q)_.2 U).c:"OroO CU.C ~ ::::";;; z > 2- CD "E Q; .S a::1-e:( c-co....,- 4 e:(CI)C "- c: "0 U) :3 OWZ o~c:rn'ë..~ ..... e- ro::!:Qj2 m::lw .J!! Q)~1iíro.c:¡¡j ~aC) c:: ::::_-"0 Q) ° <3 o -.- we:( c.. .!: ro Õ .c Q) za:: , ....Q)'gu:ߣ 0 .e"'roQ)-- ::II- tti .... :3 ro ro OZ o(s!!!£=!!! UW ~ ..... õ-2Q)::::Q) w:::!E 0 .8 <D-~ñi...~ .Q .~ 0 c.. - - co ð ° o Q) .- _a. .... 't:: E = . ( ) u- .<D a.Q)o°C:a. ::J::I " e III a. ° J!1 .Q U) -10 IJ:) .è uUJ.c:oroû) .!]! Cl).-fI).........Q) ,w aè C) E"OoU)¡¡j:3 I- It '" " 1C"E::JU)Q) CI) " <D <D :¡:¡III_( )Q)- ~ E '5 _0-....111 ~ '" ro .c a.·õ :J :6 EU)::!:ro_Q) >.: 0 "5 "- ~ t? E « ~ "0 ¡¡j.!: a. 0) & (!) 1: c: = 8.. ~ C'.l ~ <3 ü OJ III .- .... 0 , .... en '1:: U) :;:: Q) - .... .Q ::. c:.cü"O::::"O <::I æ LÍj ü 0' CI) « .!: c.. ffi 8.. ffi lU :it a ,:.: w a::: z ,:.: I- w Z z ::æ: z w W I- ::æ: ::æ: a::: 0 a.. a.. « c;; 5 5 D.. :> w a a c Õ w w '-' ~ AGENDA ITEM A multi media projection system is requested for the purpose of educational presentations. The SCGA Multi-media Projector provides projections of up to 260 inches and with 1100 lumens in brightness; it is perfect for use in the center where high ambient light is prevalent. It is compatible with PC's and Macintosh computers and all standard video formats. It This unit is vital to our education programs and will enable to facilitate our Florida Master Naturalist Program, volunteer training, and outreach programs. OPS: $5057.71 Cokes: $4616.60 Office Depot: $3941 .1 8 '-" -...I ITEM NO. C-6d DATE: 9/11/01 AGENDA REQUEST REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: ( X) t TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): PUBLIC WORKS - ADMIN Sandra Bogan Superintendent Oxbow SUBJECT: Budget Amendment BA-01-186/Equipment Request EQ 01-302 BACKGROUND: The Oxbow Eco-Center is requesting to purchase a 4100 NT Printer. The cost of the printer from Information Tech is $1,650.00. « FUNDS AVAILABLE: Funds are available in 001-7912-546100-700, (Building Maintenance) and will be transferred via the Budget Amendment to 001-7912-564000-700, (Machinery & Equipment. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval of Budget Amendment BA-01-186 and Equipment request EQ-01-302. 4 }(J APPROVED o OTHER: o DENIED NCE: COMMISSION ACTION: Do las Anderson Co ty Administrator 'ei County Attorney: ,r5?r Review and Approvals WJf\ì~ .Purchasing: ¿.j . .. Management and Budget: . Originating Dept: (Pub. Wks.) D Other: (Landfill) D Other: o Finance: Check for copy only, if applicable: Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight (48) hours prior to the meeting. '-' ~ BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Public Works-Children's Env LearninQ Center PREPARED DATE: 09/05/01 AGENDA DATE: 09/11/01 .t :Ä<œ<i>!åN'fNIíJMBER ,~;>'::>/:::)::" ,.:.:,',.; ;.,> .......T:... ACCOUNT Nme" ...... > ,,,,,' TO: 001-7912-564000-700 Machinery and Equipment $1,650 FROM: 001-7912-546100-700 BuildinQ Maintenance $1,650 REASON FOR BUDGET AMENDMENT: To Durchase a 4100 NT color printer for the Oxbow Eco Center EQ01-302 CONTINGENCY BALANCE: n/a THIS AMENDMENT: n/a REMAINING BALANCE: n/a DEPARTMENT APPROVAL: OMB APPROVAL: 1M BUDGET AMENDMENT #: 01-186 DOCUMENT # & INPUT BY: G:IBUDG ETlQuaUrolG ENERAL IFORMSIAMEN DM01. wb3 ~ 4 0 ~ , g 0 "I' <0 LO , C\ en ..... ~ ~ , W ..... ..... z 0 0 0 0 0 N C;; I 0 en 0 0 :!:N :!:c::: 0« c¿ . ow w >->- C In I-..J..... w :E z«~ c ::¡ :JO..... z z o en:!:: w I- O-en :E z LL C1I :E ::¡ LLc:::.... 0 0 OO~ u u w ~ U CLLC\ 0:: ::;¡ <C ~I-"'C .S «ens::: E OWC1I ..... m:J« (]) Q. ~ß '" (]) OJ zC::: C1J :JI- Q. OZ LO ..... OW ~ W:!: .§ _D.. Q. 0- :J:J ~~ ..JO .W ~ I- " en r::: C1J t5 ~ CD ..Q "" .....- ~ .íE .g¡ r::: ï::: '" Q. ~ ~ ~ C') , ~ C1J ..... ~ 0 ..Q , ::;¡ ~ 0 0... ..... llJ (]) :it r::: ~ 0 .:.: .~ w 0:: Z (]) I- W '" :E 0 z W I- 0 :E 0:: ..... <C "I' D.. D.. l- S w <: 0 c w '-' ....J ~ '-' ~ AGENDA REQUEST ITEM NO. C- 6E DATE: Sectember 11.2001 , REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (X) . TO: BOARD OF COUNTY COMMISSIONERS ~Y'. Leo J. Cordeiro Solid Waste Manager f t ¡ SUBMITTED BY (DEPT): SOLID WASTE DIVISION . SUBJECT: Staff requests the Board of County Commissioners authorize the purchase of a used trailer and tractor for use at the Baling Facility of the Glades Road landfill, for a total cost of $16,000. BACKGROUND: As the baling equipment has proved to be more productive than anticipated, there is a need for an additional vehicle to transport the bales from the baling facility to the working face of the landfill. . Funds are available in the Equipment Account. . FUNDS AVAilABLE: Equipment Account # 401-3410-564000-300 , PREVIOUS ACTION: N/A t RECOMMENDATION: Staff recommends the Board of County Commissioners authorize the purchase of a used trailer and tractor for use at the Baling Facility of the Glades Road landfill, for a total cost 0 16,000. and approve equipment request: EQOl-298. COMMISSION ACTION: 121 APPROVED o OTHER: o DENIED Review and Accrovals o County Attorney: I~ V· /<:1 o Management and Budget: ~ 0 Purchasing: ~o Other: (Landfill) 0 Other: ~{ o Originating Dept: (Pub. Wks.) 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 Services Manager at 561-462- 1777 or TTD 561-462-1428, at least 48 hours (48) prior to the meeting. . 'If' '--' . . fij V) 3: lU 0::: ..... I ... 0 > 0 0 q 0 CO <: ~ 0 L <') ffi 6 ( ) 0 '0 .c 0 c "'" ...... CIJ '§ (0 .... L() . ~ 00 6 $'. .ê E ..... en I ..m "'" D:: <') CI) CI) '0 Æ , W ~ ~ ~ ( ) ..... Z ..... 00 0 0 ::J "'" 0 .... ( ) I 16 ( ) 00 0 .c ( ) en ° I' Õ :5 en 0..... > c - :æ:NO CIJ 0 !Ii .... :æ:D::0 ...... 00 «N 0 ¡:.: .E ü o W ~ Z 2! ro ¿¿ u>-:: w ( ) :§ w ~...JD:: Ö .... ::E .c m w w f- ( ) ::E Z«W c 0 -0 .c ::J ~um Z « f- Z C ( ) O~:æ: w w ...J ro f- ::E c.. ¡¡:: UILW > W c.. '0 Z ILD::~ ::E 0 ". '(3 c ::J 0 " ~ E .!!! 0 OOW 0 c.. CIJ ( ) 0 lLen W c.. W c .c 0 ~~.. " « Z CIJ .... « r-- :5 - 0 «enW ( ) ( ) O~!;;( > Ü I ~ .!!! mOC ::J 0) ~~« '0 C e ~ c.. .... Z~C 0 I .' ( ) ;: ~ZZ .... ( ) OwW 0 E :5 U:æ:C) Q) .9 a.« .c W_ .9 00 -~ ß ( ) Uo '0 ro 3w ( ) .c CI) > ( ) 2 e :5 ¡....: c.. en ffi 00 "'5 CIJ CIJ ...J .c .c ;;¡; "E .9 g: ( ) ~ ~ E CIJ ~ c.. 00 ~ 'S 00 0::: 0- ( ) ~ CI) <:( ( ) ü ( ) ~ 0::: 0) c co ü 2 oi .~ .!!! 0) ro C\J ::¡ a ü 8> .... , ::¡ .c ~ ..... CD <:( (0" ( ) 0 :::> 0 g: ..... .c .ê 0 Q CI) ~ f- lU ¡:.: ð ZI ¡:.: ::J Z W 0 0 " Z ¡:.: ::E ~ I- W Z « Z ::E Z W I- 0 W I- ::E ::E " 0 w ¡¡: « ëñ c.. C) ¡:: !!: c.. :> 5 c (f) ::J W 0 ::J ::J 0 C Õ w m ~ w '-' AGENDA REOUEST IWM NO. C-7 DATE: September 11, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): Administration Doug Anderson County Administrator SUBJECT: Lobbyist Services BACKGROUND: SEE ATTACHED AGREEMENT FUNDS AVAILABLE: Utilities Utilities Utilities Utilities Solid Waste Admin. Ec. Dev. 421-3600-531000-300 441-3600-531000-300 451-3510-531000-300 471-3600-531000-300 401-3410-531000-300 001-1210-531000-100 001-1515-531000-4907 Foreign Trade Zone $6,889 $7,778 $6,778 $4,481 $12,963 $38,889 $9,722 . PREVIOUS ACTION: The Board ranked and recommended, Ronald L. Book, P.A. and The Rubin Group, Inc., for Lobbyist Services on September 6, 2000. « . RECOMMENDATION: Staff recommends entering into an agreement with Ronald L. Book, P.A. and The Rubin Group, Inc. for Lobbyist Services from October 1, 2001 through October 1, 2002 in an amount not to exceed $87,500, including out of pocket expenses. [x] APPROVED [ ] DENIED [ ] OTHER: E: COMMISSION ACTION: las Anderson County Administrator Review and Approvals County Attorney' Management & Budget Purchasing : Originating Dept. Other: Other: '-' ...., CONSULTANT AGREEMENT ~ I THIS AGREEMENT, made and entered into this _ day of , 2001, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County", and RONALD L. BOOK, P.A. and THE RUBIN GROUP, INC. , hereinafter referred to as the "Consultant". WITNESSETH: WHEREAS, the County desires to retain the professional services of the Consultant to coordinate the County's legislative relations and provide lobbying services; and, WHEREAS, the Consultant desires to provide the County with such services. · NOW, THEREFORE, in consideration of the premises and the mutual benefits which · will accrue to the parties hereto in carrying out the terms of this Agreement, it is mutually understood and agreed as follows: . 1. GENERAL SCOPE OF THIS AGREEMENT · The relationship of the Consultant to the County will be solely that of a consultant. The Consultant is an independent contractor and is not an employee or agent of the County. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor, between the County and the Consultant, its employees, agents, subcontractors, or assigns, during or after the performance of this Agreement. The Consultant will provide the professional and technical services required for the successful completion of this Agreement in accordance with practices generally acceptable within the industry and good ethical standards. 2. SCOPE OF WORK Consultant shall provide necessary legislative relations and lobbying services to the County. These services shall include work for the purpose of securing funds and grants in g: \atty\agreemnt\Book-Rubi n -1- '-" '-" achieving the County's objectives. Consultant shall be guided by a statement of objectives to be adopted by the County. The Consultant shall provide a monthly report to the County Administrator on the status of the Consultant's efforts. , 3. PROJECT MANAGER The Project Manager for the County is Douglas M. Anderson at (561) 462-1450. The Project Manager for the Consultant is Ronald L. Book at (305) 935-1866. f The parties shall direct all matters arising in connection with the performance of this Agreement, other than invoices and notices, to the attention of the Project Managers for attempted resolution or action. The Project Managers shall be responsible for overall resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Agreement. 4. TERM t The term of this Agreement shall be for one (1) year beginning on October 1,2001. The parties may mutually agree to extend the term of this Agreement. . 5. COMPENSATION . The Consultant shall be compensated for all services rendered under this Agreement as follows: Eighty-seven thousand five hundred and 00/100 ($87,500.00) dollars per year payable in equal monthly installment payments on or before the 20th day of each month of the term of this Agreement beginning October 20, 2001. This includes out of pocket expenses. . All invoices presented to the County for payment shall be on a Request for Payment form approved by the County. 6. TERMINATION Either party may terminate the Agreement without cause at any time upon fifteen (15) calendar days prior written notice to the other party. In the event of termination, the County shall compensate the Consultant for all authorized work satisfactorily performed through the termination date. 9: \atty\a9reemnt \Book-Rubi n -2 - "'" ...., 7. ASSIGNMENT 1 The County and Consultant each binds itself and its successors, legal representatives, and assigns to the other party to this Agreement and to the partners, successors, legal representatives, and permitted assigns of such other party, in respect to all covenants of this Agreement; and, neither the County nor the Consultant will assign or transfer its rights and obligations in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party hereto. t ¡ The Consultant agrees that the persons named in the scope of work shall provide services as described therein. The services of the person(s) so named are a substantial inducement and material consideration for this Agreement. In the event such persons can no longer provide the services required by this Agreement, the Consultant shall immediately notify the County in writing and the County may elect to terminate this Agreement without any liability to the Consultant for unfinished work product. The County may elect to compensate the Consultant for unfinished work product, provided it is in a form that is sufficiently documented and organized to provide for subsequent utilization in completion of the work product. c . . 8. SUBCONSUL T ANTS AND SUBCONTRACTORS In the event the Consultant requires the services of any subconsultant, subcontractor or professional associate in connection with the services to be provided under this Agreement, Consultant shall secure the written approval of County Project Manager before engaging such subconsultant, subcontractor or professional associate. . 9. AUDIT The Consultant agrees that the County or any of its duly authorized representatives shall, until the expiration of three years after expenditure of funds under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Consultant involving transactions related to this Agreement. The Consultant agrees that payment(s) made under this Agreement shall be subject to reduction for amounts charged thereto which are found on the basis of audit examination not to constitute allowable costs under this Agreement. The Consultant shall refund by check payable to the County the amount of such reduction of payments. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or three years after completion of the project and issuance of the final certificate, whichever is sooner. 9: \atty \agreemnt \Book-Ru bi n -3- '-' -..".¡I PUBLIC RECORDS 1 10. The Consultant shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Consultant in conjunction with this Agreement. 11. INSURANCE The Consultant shall carry lawyer's professional malpractice insurance or other form of insurance satisfactory to the County's Risk Manager which shall provide coverage of not less than $500,000. A current certificate of insurance shall be provided the County's Risk Manager. 12. NOTICE A II notices, requests, consents, and other communications requ i red or permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: . . As To County: St. Lucie County Administrator Administration Annex 2300 Virginia Avenue Fort Pierce,. Pierce, FL 34982 With A Copy To: St. Lucie County Attorney Administration Annex 2300 Virginia Avenue Fort Pierce,. Pierce, FL 34982 . As To The Consultant: Ronald L. Book Concorde Center 2 2999 Northeast 191 Street, PH-6 Aventura, Florida 33180 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. g: \atty\agreemnt \Book-Rub i n -4- '-' ..." 13. COMPUANCE WITH LAWS The Consultant, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this Agreement. The County undertakes no duty to ensure such compliance, but will attempt to advise Consultant, upon request, as to any such laws of which it has present knowledge. 14. NON-WAIVER The rights of the parties under this Agreement shall be cumulative and the failure of either party to exercise properly any rights given hereunder shall not operate to forfeit any of the said rights. 15. PRIORITY Consultant shall not be prohibited from representing or providing like services to other persons and entities besides the County, so long as the Consultant shall avoid any representation or relation which would create a conflict of interest, as determined by the County Administrator. Further, Consultant shall not accept any client or matter which would jeopardize the Consultant's ability to devote the time, resources and effort necessary to fulfill all obligations to the County. ~ 16. DISPUTE RESOLUTION Any disputes relating to interpretation of the terms of this Contact or a question of fact or arising under this Contract shall be resolved through good faith efforts upon the part of the Contractor and the County or its Project Manager. At all times, the Contractor shall carryon the work and maintain its progress schedule in accordance with the requirements of the Contract and the determination of the County or its representatives, pending resolution of the dispute. Any dispute which is not resolved by mutual agreement shall be decided by the County Administrator who shall reduce the decision to writing. The decision of the County shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent, capricious, arbitrary, so grossly erroneous as to necessarily imply bad faith, or not be supported by substantial evidence. f 17. MEDIATION Prior to initiating any litigation concerning this Contract, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the 9: \atty\a9reemnt \Boo k-Rubi n -5- '-' ...,.; extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 18. 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 governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. j . IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated on the day and year first above written. 4 f ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY. FLORIDA BY: CLERK CHAIRMAN . APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: THE RUBIN GROUP, INC. BY: SECRETARY PRESIDENT RONALD L. BOOK, P.A. BY: RONALD L. BOOK g: \atty\agreemnt \Book -Rubi n -6- '-"AGENDA REOUEST IT~ NO. CA-8 DATE: September 11, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ x ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: · SUBMITTED BY(DEPT): St. Lucie County Sheriff's Office Ken Mascara Sheriff of St. Lucie County SUBJECT: Request for distribution from the Law Enforcement Trust Fund in the amount of $495,156.94. BACKGROUND: The monies will be used for various computer enhancements, traininq for the school resource deputies, supplies for the school resource deputies, furniture for the crime prevention unit, and other equipment. · FUNDS WILL BE AVAILABLE: Law Enforcement Trust (L.E.T.) Fund PREVIOUS ACTION: · RECOMMENDATION: COMMISSION ACTION: [ ] APPROVED [ ] DENIED [XI OTHER: Pulled proir to meeting. D sAnderson County Administrator Review and Approvals County Attorney: Management & Budget Purchasing: Originating Dept. Other: other: Finance: (Check for Copy only, if applicable) Eff. 5/96 ~ '-' AGENDA REQUEST -...I ITEM NO. DATE: Sept. 11, 2001 C-9 REGULAR [] PUBLIC HEARING [ ] CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: SUBJECT: BACKGROUND: OMB PRESENTED BY: Marie M. Gouin Request to approve the DUI Specialist grant application on behalf of the St. Lucie County Sheriff's Office St. Lucie County Sheriffs Office has filled out an application to participate in the DUI Enforcement Specialist Program offered by the US Department of Transportation and passed through the Florida Department of Transportation. The ~ purpose of this program is to address the problem of alcohol related vehicle crashes and to enhance DUI enforcement by employing a DUI enforcement Specialist. This grant application is for the second year of the program, which will allow the St. Lucie Sheriffs Office to receive $37,725.00, or 75% of the $50,300.00 annual cost. The required 25% local match ($12,575.00) will be covered by FY02 Sheriffs budget and no additional County funds are required. f 4 « FUNDS WILL BE AVAILABLE: N/A PREVIOUS ACTION: . On January 16, 2001 the St. Lucie SOCC accepted the first-year DUI Specialist grant award. c RECOMMENDATION: Staff recommends that the Soard of County Commissioners approve grant application for the DUI Enforcement Specialist Program, and authorize the County Administrator to sign the application. COMMISSION ACTION: E: [x] APPROVED [] DENIED [ ] OTHER: County Attorney: XX Doug Anderson County Administrator ,'~¿ ¡., Coord ination/Sionatu res Management & Budget: xxc)ly -1lJ~rchaSing: Public Works: Other: Originating Dept: Finance: (Check for Copy only, if applicable) ~ G\BUDGET,WPlAGENDA'S\AgendaU I \9'] I DUI_ Grant wpd '-' -...I MEMORANDUM TO: Mika Goriewicz, Budget Analyst St. Lucie County Management & Budget Department Chief Deputy Garry Wilson V August 31,2001 FROM: DATE: SUBJECT: St. Lucie County Commission Consent Agenda Request for the September 11, 2001, 9:00 a.m. Meeting - Request to apply to the Florida Department of Transportation for year two of the Sheriff's Office DUI Enforcement Specialist Program (2001- 2002). The Sheriffs Office had submitted a concept paper to the Florida Department of Transportation, and we were tentatively awarded granted funding for year-two of our DUI Enforcement Specialist project pending the commission's approval to apply and the submission of an official grant application. The project cost for this program is as follows: 75% Grant Award/Federal Share: $37,725.00 25% Local Agency Cash Match: $12.575.00 Total Project Cost: $50,300.00 Funding from this grant will reimburse our agency for 75 percent of the salary and benefits expenses for one full-time DUI Enforcement Deputy and for program related expenses for equipment, supplies, training and travel. Our Grant Administrator, William R. Simon, will function as the Primary Point of Contact and Financial Manager for our agency with F.D.O.T. Sergeant Kevin Dietrich will act as Program Manager for our agency with F.D.O.T. It is our understanding that you will function as the Jurisdiction Contact between the County and F.D.O.T. Prompt attention to this matter will assure our meeting the submission deadlines. If you have any questions, please contact Mr. Simon at 462-3359 (office) or 489-5660 #108 (pager). wrs Enclosure cc: Major Hudson, Director of Law Enforcement Major Tom McInerney, Director of Administration Captain Mike Graves Captain Stéve Reuther Mr. Henry Walker, Comptroller Sergeant Kevin Dietrich Deputy Robert Valentine ."" {J;vJ~ .. ~ £: R I ¡: ....j)olr I - "2 aa..,;J- " ~ §lreriff KEN J. MASCARA . . 4700 West Midway Road, Fort Pierce. Florida 34981 VI .... >- !o.. ~ 0-.) C Member National Sheriffs' Association Member Florida Sheriffs' Association Telephone: (561) 461-7300' Fax: (561) 489,5851 April 18,2001 Roger Doherty DUI Coordinator Florida Department of Transportation 605 Suwannee Street M.S. 17 Tallahassee, Florida 32399 RE: DUI Enforcement Specialist Concept Paper- Renewal of Project # 18-01-06-11-01 Dear Mr. Doherty: We are pleased to submit to you the attached concept paper for the renewal of our DUI Enforcement Specialist Deputy, Robert Valentine for the next fiscal year 2001/2002. I am fully aware and support the attached request for better improve our abilities to curb alcohol-related crashes in S1. Lucie County. Should you have any questions please do not hesitate to call me at (561) 462-3296. Sk~~_ Ken 1. ¥ascara Sheriff .. cc: Chief Gary Wilson Major Roy Hudson, Department of Law Enforcement Captain Mike Graves '-" -...I Florida Department of Transportation DUI Enforcement Specialist - Concept Paper Problem Statement S1. Lucie County is one of the fastest growing areas in the United States and the third fastest growing in Florida. S1. Lucie County is bordered on the south by Martin County, Indian River County to the north, Okeechobee County to the west and the Atlantic Ocean to the east. St. Lucie County occupies six hundred (600) square miles. There are five major highways which pass though St. Lucie County; U.S. Highway 1 in the east, the Florida Turnpike & Interstate 95 in the center, and State Road 70 & State Road 68 in the west. The county, with a current population of 175,458, experience and additional 23,000 increase during the winter. As this growth continues, so do the number of alcohol related crashes. The following table, based on the latest available D.H.S.M.V. crash statistics, reflects a problem area that needs to be addressed: 1999 1998 1997 Alcohol-Related Crashes 242 219 245 Alcohol-Related Injuries 219 199 257 Alcohol-Related Deaths 6 11 9 Percent (%) of All County Crashes 11.60% 10.78% 11.72% State Average of Alcohol Related Crashes 9.14% 9.26% 10.02% S1. Lucie County has recorded 706 alcohol-related crashes during the past three years. Approximately 675 people were injured in these crashes, and 26 people were killed. S1. Lucie County has averaged a 1.89% percent increase above the State average yearly. Thus indicating an need to curb alcohol-related crashes in St. Lucie County. Renewal of DUI Enforcement Specialist In it's effort to continue to curb alcohol related crashes, th~ St. Lucie County Sheriffs Office is requesting a renewal of the existing grant for 2001/2002 (Project # J8-01-06- 11-01) for the full-time DUI Enforcement Deputy, Robert Valentine. Deputy Valentine is currently complying with the performance indicators set forth for 2000/2001. These include arrests for DUI offenses, public awareness activities, wolfpacks and checkpoints. '-' ...., DUI Enforcement Specialist Proposed Budget The estimated renewal cost for OUt Enforcement Specialist Deputy Valentine are as follows: Salaries & Benefits $ 45,500 These include pay increase, fica, medicare, holiday pay, retirement, health insurance, incentive pay, workmen's & unempl. compensation, professional liability insurance and overtime (1 OOhrs @ $25/hr). Expenses $ 4,800 These include costs for uniforms, supplies, batteries, videotapes, gas/oil and repair/maintenance of vehicle, travel and training. Capital Outlay (none anticipated) $ o Total Estimated Cost $ 50.300 Florida Department of Transportation Reimbursement at 75% of Renewal Amount St. Lucie County Sheriff's Office Reimbursement at 25% of Renewal Amount $ 37,725 $ 12,575 '-'" STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 'wtI SUBGRANT APPLICATION FOR HIGHWAY SAFETY FUNDS ~1 SAFETY OGe - 07101 For D.O. T. Use Only Project Number~ DOT Contract Number: Federal Funds Allocated: Date Approved: Subgrant Period: Date Revised: . Subgrant History: (1 ) (2) (3) Part I: GENERAL ADMINISTRATIVE INFORMATION (See Instructions for Highway Safety Subgrant Applications) 1. Project Title: St. Lucie County DUI Enforcement Specialist 2. Type of Application: o Initial @ Continuation 3. Requested Subgrant Period: 10/1/2001 to 9/30/2002 4. Support Matching Total Sought: $37,725 Share: $12,575 Budget: $50,300 5. Applicant Agency (Subgrantee): 6. Implementing Agency: St. Lucie B.O.C.C. St. Lucie County Sheriffs Office Douglas Anderson, County Administrator Ken J. Mascara, Sheriff 2300 Virginia Avenue 4700 West Midway Road Fort Pierce, Florida 34982 Fort Pierce, Florida 34982 Telephone: (561) 462-1450 Telephone: (561) 461-7300 7. FederallD Number: 8. State SAMAS Number (State Agencies) 596000938 9. Chief Financial Officer. 10. Project Director: Christiann K. Hartley, Finance Director Sergeant Kevin Dietrich St. Lucie County SI. Lucie County Sheriffs Office 2300 Virginia Avenue 4700 West Midway Road Fort Pierce, Florida 34982 Fort Pierce, Florida 34982 Telephone Number: (561) 462-1476 Telephone Number: (561) 462-3296 Fax Number. - (561) 462-2117 Fax Number: (561) 462-3218 E-Mail Address: E-Mail Address: Subgrant funds provided by the U.S. Department of Transportation, National Highway Traffic Safety Administration, Catalog of Federal Domestic Assistance Number· 20.600, State and Community Highway Safety Program, through the Florida Department of Transportation. Part II~ROJECT PLAN AND SUPPORll~ DATA 5O'J.065.01 SAFETY OGC,07101 1. Statement of the Problem 2. Proposed Solution 3. Objectives 4. Evaluation 5. Milestones (Use form provided) 1 State clearly and in detail the aims of the project, precisely what will be done, who will be involved, and what is expected to result. Use the following major headings: Problem Statement: 1 Start below and use additional pages as necessary. St. Lucie County is one of the fastest growing areas in the United States and the third fastest growing in Florida. St. Lucie County is bordered on the south by Martin County, Indian River County to the north, Okeechobee County to the west and the Atlantic Ocean to the east. St. Lucie County occupies six hundred (600) square miles. there are five major highways which pass through St. Lucie County; U.S. Highway #1 in the east, the Florida Turnpike & Interstate 95 in the center, and State Road 70 and State Road 68 in the west. The county, with a current population of 175,458, can expect a population increase of about 23,000 during the winter. As this Growth continues, so do the number of alcohol related crashes. The Following table, is based on the latest available D.H.S.MV. crash statistics and it reflects the problem areas that need to be addressed: . PROBLEM AREAS 1999 1998 1997 242 219 245 219 199 257 6 11 9 11.60% 10.78% 11.72% 9.14% 9.26% 10.02% Alcohol-Related Crashes Alcohol-Related Injuries Alcohol-Related Deaths Percent (%) of All County Crashes State Average of Alcohol Related Crashes St. Lucie County has recorded 706 alcohol-related crashes during the past three years. Approximately 675 people were injured in these crashes, and 26 people were killed. st. Lucie County has averaged a 1.89% percent increase above the State average yearly. Thus indicating a need to curb alcohol-related crashes in St. Lucie County. . Renewal of DUI Enforcement Specialist from 2000/2001 (J8-01-06-11-01) In it's effort to continue to curb alcohol related crashes, the st. Lucie County Sheriffs Office is requesting to continuation funding for our DUI Enforcement Specialist program for the 2001-2001 fiscal year. The funding for this cycle will help pay the salary & benefits expenses for DUI Deputy, Robert Valentine and program-related equipment and supplies. Deputy Valentine is currently complying with the performance indicators set forth for 200012001. These include arrest for DUI offenses, public awareness activities, wolfpacks and checkpoints. '-" -...I 500-065-01 SAFETI OGe . 07101 Timetable for Milestones Milestones 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP Order and Receive Equipment & X X X Supplies Conduct Public Awareness X X X X X X X Patrol County For DUI Offenders X X X X X X X X X X X X Participate in Buckle Up Florida X X X X Activities Participate in DUI Check Points X X X X X X or "Wolfpacks" DUI Deputy Training X - . . Þwft III: PROJECT DETAIL BUDGE""'; SOO-OeS-O'1 SAFETY OOC-07101 Project Trtle: St. Lucie County DUI Enforcement Sppri"li"t Project Number: Contract Number: BUDGET CATEGORY TOTAL FEDERAL NON..fEDERAL FUNDING STATE LOCAL A. Personnel Services This includes estimated 3.5% pay increase $ 45,500 $ 34,125 $ 11,375 holiday,sick,vacation pay, over-time, incentive pay, dental,life & health Ins., (715),Ufe(723),Long term disability(L TO) Short term Disability (STD), HB Retirement FICA Mt, Medicare Mt & Work-mans Compo Sub-total $ 45,500 $ 34,125 $11,375 B. Contractual Services Sub-total C. Expenses This includes estimated expenses for DUI $ 4,800 $ 3,600 $ 1,200 vehcile equipment & supplies, office & program supplies, travel & training,deputy uniform and operational enforcement supplies. Sub-total $ 4,800 $ 3,600 $ 1 ,200 D. Operating Capital Outlay Sub-total E. Indirect Cost Sub-total Total Cost of Project $ 50,300 $ 37,725 $12,575 Budget Modification Number: Effective Date: ~ BUDGET NARRATIVE -...I ~ SAFETY OGC - 07101 . Projectrñle: St. Lucie County DUI Enforcement SpeciI11i",. Project Number: Contract Number: The following is a narrative description of the project budget by line item by category, detailing the item and anticipated cost Each category must be sufficiently defined to show cost relationship to project objectives. Attach additional sheets as needed. Salary and Benefits: $45,500 1 Costs in this category include reimbursement (15%Fedl25%L) for the base salary and benefits for one DUI Enforcement Deputy. The dollar amount also includes 100 hours of court over-time. Benefits include, holiday, vacation, & sick pay. Incentive pay, dental insurance, life & health insurance, long term and short term disability, FICA, Mt., Midicare Mt, and worlunans compensation. Expenses: t $4,800 . Costs in this category include reimbursement (75%Fed/25%L) for vehicle equipment and supplies for the DUI enforcement vehicle that were over-looked last fiscal year. Office, program & operational supplies, DUI Related travel and training. Go Rhino Push Guard GrillelRead Deck Strobe Light Red/Blue Beacon 8 outlet Power Supply LED Mirror Beams Infrared 6" spot lite Unity spotlight bracket kit Whelen Hide a way stobes 6-outlet power supply Crown Vie Dome Light Co Pilot Map light OVerhead vehicle rack Rear Transport Seat Floor pan with drain 15000 candle pwr stream light Stinger Spike System Microcassette Recorder Barrier Tape 1000 Ft Roll Traffic Hone HD 18" Touchtek VI Switch Panel IPTM $199.99 $174.99 $299.95 $319.95 $285.00 $ 99.99 $ 14.99 $ 74.99 $259.95 $ 39.99 $ 26.95 $249.99 $299.99 $134.99 $ 94.99 $329.99 $109.99 $ 9.99 $119.99 $229.99 $ 80.00 Total Vehicle and Operational: $3,456.65 Total Office and Program Supplies: $1,000.00 Total Training & Travel: $ 343.45 Tõtal Expenses: $4,800.00 Total Project Cost: 50,300.00 Budget Modification Number: Effective Date: '-' 'wi 5CJ0-065.Q1 SAFETY OGe - 07101 Part IV: REPORTS · Quarterly Progress Report Narrative for the quarter. Project Title: St. Lucie County DUI Enforcement Specialist Project Number: Implementing Agency: St. Lucie County Sheriff's Office Project Director: Sergeant Kevin Dietrich · Describe the subgrant activities that took place during the quarter. Attach newspaper clippings, press releases, photos and other items that document activities. Use additional sheets, if necessary. The Quarterly Progress Report of Performance Indicators should be sent to the DOT Safety Office along with the narrative within 30 days of the end of each qu arter. · · Project Title: St. Lucie County DUI Enforcement Specialist Project Number: Implementing Agency: St. Lucie County Sheriff's Office Project Director: Sergeant Kevin Dietrich Milestones Acomplished Performance Indicators Quarter Quarter Six-Month Quarter Quarter Project Ending Ending Ending Ending December 31 March 31 Totals June 30 September 30 Totals Number of DUI arrests made by the Enforcement Deputy hired under the sub grant. Number of saturation patrols at which the deputy hired under the sub grant participated. Number of DUI checkpoints or wolf- packs the deputy hired under the sub grant participated in. Number of safety belt violations issued by the St. Lucie County Sheriff's Office. Number of child safety seat violations issued by the St. Lucie County Sheriff's Office. Number of alcohol awareness presentations made. '-' -...I QUARTERLY PROGRESS REPORT OF PERFORMANCE INDICATORS for the quarter. 500-065-01 SAFETY OGC-07101 '-' Final Narrative Report -...I 500-065-01 SAFETY OGC ,07/01 Project Title: Project Number: Implementing Agency: St. Lucie County DUI Enforcement Specialist St. Lucie County Sheriff's Office Project Director: Sergeant Kevin Dietrich The following is a chronological narrative history of the above listed project in accordance with Part V: Acceptance and Agreement. Conditions of Agreement, 1. Reports. This report is an accurate accounting of the project performance and accomplishments. Attach additional sheets as needed. 4 . - '-' '...I Part V: Acceptance And Agreement 5(J().()65.()1 SAFETY 071Q1 Conditions of Agreement. Upon approval of this Subgrant Application for Highway Safety Funds, the following terms and conditions shall become binding. Noncompliance may result in loss of, or delays in, reimbursement of costs. 1. Reports. The implementing agency shall submit the Quarterly Progress Report Narrative and Quarterly Progress Report of Performance Indicators forms to the State Safety Office by January 31, April 30, July 31, and October 31 ifthere was subgrant activity during the quarter prior to the deadline. The implementing agency shall submit a Final Narrative Report, giving a chronological history ofthe subgrant activities, problems encountered, and major accompUshments by October 31, unless the State Safety Office extends the subgrant period due to late award of the subgrant. Requests for reimbursement may be returned to the subgrantee or implementing agency unpaid if the required reports are past due. 2. Responsibility of Subgrantee. The subgrantee and its implementing agency shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All monies spent on this project shall be disbursed in accordance with provisions of the Project Detail Budget as approved by the State Safety Office. All expenditures and cost accounting of funds shall conform to 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments; 49 CFR, Part 19, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations; OMS Circular A-1 02, Grants and Cooperative Agreements with State and Local Governments; OMS Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations; OMS Circular A-21 , Cost Principles for Educational Institutions; OMB Circular A-137, Cost Principles for State, Local, and Indian Tribal Government; and/or OMS Circular A-122, Cost Principles for Non-Profit Organizations, as applicable (hereinafter referred to as Applicable Federal Law). The subgrantee and the implementing agency, by entering into this agreement, certify that they meet and shall comply with the federal staMes, executive orders, and implementing regulations appUcable to this subgrant. 3. Compliance with Chapter 287, Florida Statutes. The subgrantee and implementing agency agree to comply with all applicable provisions of Chapter 287, Florida Statutes. The following provisions are stated in this agreement pursuant to sections 287.133(3)(a) and 287.134(3)(b), Florida Statutes. (a) Section 287.133 (2)(a), F.S. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list . (b) Section 287.134 (2)(a), F.S. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contra_ct with any public entity, and may not transact business with any public entity. 4. Approval of Consu ltant and Contractor Agreements. The State Safety Office shall review and approve in writing all consultant and contractor agreements prior to the actual employment of the consultant or the contractor by the subgrantee or implementing agency. Approval of the subgrant does not constitute approval of a consultant or contractor agreement. 5. Allowable Costs. The allowability of costs incurred under any subgrant shall be determined in accordance with the general principles of ¡¡IIQwability and standards for selected cost it.-....s set forth in the applicable Federal Law and state law, to be eligiVor reimbursement All funds not spent in~ordance with the applicable Federal Law will be subject to repayment by the subgrantee. 6. Travel. Travel costs for approved travel shall be reimbursed in accordance with regulations applicable to the implementing agency and the State of Florida, Department of Transportation's (Departmenfs) Disbursement Operations Manual, Chapter 3 Travel, but not in excess of provisions in Section 112.061, Florida Statutes. All travel for out-of-state or out-of-grant-specified work area shall require written approval of the State Safety Office prior to the commencement of actual travel. In addition, prior written approval shall be obtained from the State Safety Office for hotel rooms with rates exceeding $100 per day that are to be reimbursed. 7. Written Approval of Changes. The subgrantee or implementing agency shall obtain prior written approval from the State Safety Office for changes to the agreement. For example: (a) Changes in project activities, objectives, milestones, or performance indicators set forth in the approved application. (b) Changes in budget items and amounts set forth in the approved application. 8. Reimbursement Obligation. The State of Florida's performance and obligation to reimburse the subgrantee shall be subject to the availability of Federal highway safety funds and an annual appropriation by the Legislature. As detailed in 49 CFR, Part 29, Governmentwide Debarment and Suspension (Nonprocurement) and Governmentwide Requirements for Drug-Free Workplace (Grants} the subgrantee shall not be reimbursed for the cost of goods or services received from contractors, consultants, vendors, or individuals suspended, debarred, or otherwise excluded from doing business with the Federal government. The subgrantee or its implementing agency shall submit the required certification by consultants with awards in excess ofthe small purchase threshold fixed at 10 U.S.C. 2304(g) and 41 U.S.C. 253(g) (currently $25,000). 9. Commencement of Projects. If a project has not commenced within 30 days after the acceptance of the subgrant award, the subgrantee or its implementing agency shall report by letter the steps taken to initiate the project, the reasons for delay, and the expected starting date. If, after 60 days from the acceptance ofthe award, project activity as described herein has not begun, a further statement of implementation delay will be submitted by the subgrantee or its implementing agency to the State Safety Office. The subgrantee agrees that if the statement is not received in 60 days, the State Safety Office may cancel the project and reobligate the funds to other program areas. The State Safety Office, where warranted by excusable delay, may ex1end the implementation date ofthe project past the 60-day period, but only by formal written approval from the State Safety Office. 10. Excusable Delays. (a) Except with respect to the defaults of subgrantee's or implementing agency's consultants and contractors which shall be attributed to the subgrantee, the subgrantee and its implementing agency shall not be in default by reason of any failure in performance of this agreement in accordance with its terms if such faBure añses out of causes beyond the control and without the fault or neg6gence of the subgrantee or its implementing agency. Such causes may include, but are not restricted to, acts of God or of the public enemy, acts of the Govemment in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the failure to perform must be beyond the control and without the fault or negfigence of the subgrantee. If the failure to perform is caused by the failure of the subgrantee's or its implementing agency's consultant or contractor to perform or make progress, and if such failure arises out of causes beyond the control of the subgrantee, its implementing agency and its consultant or contractor, and without the fault or negligence of any of them, the subgrantee shall not be deemed to be in default, unless (1) the suppUes or services to be furnished by the consultant or contractor were obtainable from other sources, (2) the State Safety Office shall have ordered the subgrantee or its implementing agency in writing to procure such supp6es or services from other sources, and (3) the subgrantee or its implementing agency shall have failed to comply reasonably with such order. -.., ~ 5<XJ.œ5.CI SAFETY 07101 (b) Upon request of the subgrantee or its implementing agency, the State Safety Office shall ascertain the facts and extent of such failure and, if it shall be determined that any failure to perform was occasioned by anyone or more of the said causes, the delivery schedule shall be revised accordingly. 11. Obligation of SUbgrant Funds. Subgrant funds may not be obligated prior to the effective date or subsequent to the termination date of the subgrant period. Only project costs incurred on or after the effective date and on or prior to the termination date of the subgrant application are eligible for reimbursement. A cost is incurred when the subgrantee's employee, its implementing agency, or approved contractor or consultant performs the service required or when goods are received by the subgrantee or its implementing agency, notwithstanding the date of order. 12. Performance. I n the event of default, noncompliance, or violation of any provision of this agreement by the subgrantee, the implementing agency, the subgrantee's consultant(s) or contractor(s) and supplier(s), the subgrantee agrees that the Department may impose such sanctions, as the Department deems appropriate. Such sanctions include withholding of payments, cancellation, termination, or suspension of the agreement in whole or in part. In such an event, the Department shall notify the subgrantee and its implementing agency of such decision 30 days in advance of the effective date of such sanction. The subgrantee shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. 13. Access to Records and Monitoring. The Department, NHTSA, Federal Highway Administration (FHWA), and the Comptroller and Auditor General of the State of Florida, or any of their duly authorized representatives, shall have access for the purpose of audit and examination of books, documents, papers, and records of the subgrantee and its implementing agency, and to relevant books and records ofthe subgrantee, its implementing agency, and its consultants and contractors under this agreement, as provided under Applicable Federal Law. In addition to review of audits conducted in accordance with OMB Circular A-133, as revised, 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 other procedures. By entering into this agreement, the subgrantee and its implementing agency agree to comply and cooperate with any monitoring procedures deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the subgrantee or its implementing agency is appropriate, they agree to comply with any additional instruction provided by the Department. The subgrantee further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor General. The Department shall unilaterally cancel this subgrant ifthe subgrantee or its implementing agency refuses to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S., and made or received by the subgrantee or its implementing agency in conjunction with the subgrant. 14. Audit. This part is applicable if the subgrantee is a State or local govemment or a non-profit organization as defined in OMS Circular A-133, as revised. In the event that the subgrantee expends $300,000 or more in Federal awards in its fiscal year, the subgrantee must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. Page 1 of this agreement indicates the source of Federal funds awarded through the Florida Department of Transportation by this agreement. In determining the Federal awards expended in its fiscal year, the subgrantee shall consider all sources of Federal awards, including Federal funds received from the Department of Transportation. 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 subgrantee conducted by the ~uditor General in accordance with the provisions OMS Circular A-133, as revised, will meet the requirements of this part. In connection with the audit requirements addressed above, the subgrantee shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMS Circular A-133, as revised. . j 4 . ·.----~ '\..,I ....J AGENDA REQUEST ITEM NO. C-10 DATE: Sept. 11,2001 Investment for the Future REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Don McLam Projects Manager SUBMITTED BY(DEPT): Central Services . , SUBJECT: Recreational Dêsign & Construction I Contract #C99-12-113/Thlrd Amendment BACKGROUND: The original contract with Recreational Design & Construction was entered into on December 7,1999 to provide accessability compliance and miscellaneous small projects at various park sites for the County. One of these projects was to complete a new dune crossover, new parking lot and entrance at Ocean Bay Beach Park. Due to circumstances beyond control of both St. Lucie County and Recreational Design & Construction as to permitting issues, an amendment was made to this contract on March 28, 2000 and again on April 24, 2001 with a completion date of August 28, 2001. Now that required permits for this project have been received we are able to move forward with this project. We will need to amend this contract with a one year extension to allow the contractor ample time to complete the scope of work outlined for this location. FUNDS AVAIL: 316101.7240.563000.76461382.3920.563000.7646 (improv. olt building) PREVIOUS ACTION: Board of County Commissioners approved the Second Amendment extending the completion date to August 28, 2001. RECOMMENDATION: Staff is recommending that the Board of County Commissioners approve this Third Amendment to Contract #C99-12-113 with Recreational Design & Construction and authorize the chairman to sign, thereby allowing the Contractor ample time to complete this project. MISSION ACTION: [~APPROVED [] DENIED [ ] OTHER: CE: g Anderson County Administrator "-A'-'!3fi/ Originating Depl: ~ Finance: (Check for Copy only, if Applicable) Coordination/Sianatures Mgt. & Budget Purchasing Mgr.: Other: Other: Eft. 1/97 H,\Agenda-RDC No.Three.wpd ~ ..." AGENDA REQUEST ITEM NO. C-10 DATE: Sept. 11, 2001 Investment for the Future REGULAR [ ] PUBLIC HEARING [ ] CONSENT[x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Don McLam Projects Manager SUBMITTED BY(DEPT): Central Services SUBJECT: Recreational Design & Construction Contract #C99-12-113/Third Amendment BACKGROUND: The original contract with Recreational Design & Construction was entered into on December 7,1999 to provide accessability compliance and miscellaneous small projects at various park sites for the County. One of these projects was to complete a new dune crossover, new parking lot and entrance at Ocean Bay Beach Park. Due to circumstances beyond control of both St. Lucie County and Recreational Design & Construction as to permitting issues, an amendment was made to this contract on March 28, 2000 and again on April 24, 2001 with a completion date of August 28, 2001. Now that required permits for this project have been received we are able to move forward with this project. We will need to amend this contract with a one year extension to allow the contractor ample time to complete the scope of work outlined for this location. . FUNDS AVAIL: 316101.7240.563000.7646/382.3920.563000.7646 (improv. o/t building) PREVIOUS ACTION: Board of County Commissioners approved the Second Amendment extending the completion date to August 28, 2001. RECOMMENDATION: Staff is recommending that the Board of County Commissioners approve this Third Amendment to Contract #C99-12-113 with Recreational Design & Construction and authorize the chairman to sign, thereby allowing the Contractor ample time to complete this project. MISSION ACTION: [ ] APPROVED [] DENIED [ ] OTHER: CONCURRENCE: [J' County Attorney: ~ ' Originating Dept: ~ Doug Anderson County Administrator Coordination/Siqnatures Mgt. & Budget: Purchasing Mgr.: Other: Other: Finance: (Check for Copy only, if Applicable) Eft. 1/97 H:\Agenda-RDC No.Three.wpd ~ ...., DEPARTMENT OF CENTRAL SERVICES MEMORANDUM TO: Board of County Commissioners FROM: Don McLam, Projects Manager THROUGH: Roger Shinn, Director Central Services DATE: September 5, 2001 SUBJECT: Recreational Design & Construction Contract #C99-12-113/Third Amendment ******************************************************************** BACKGROUND: The original contract with Recreational Design & Construction was entered into on December 7, 1999 to provide accessability compliance and miscellaneous small projects at various park sites for the County. One of these projects was to complete a new dune crossover, new parking lot and entrance at Ocean Bay Beach Park. Due to circumstances beyond control of both St. Lucie County and Recreational Design & Construction as to pennitting issues, an amendment was made to this contract on March 28, 2000 and again on August 24, 2001 with a completion date of August 28, 2001. Now that required permits for this project have been received we are able to move forward with this project. We will need to amend this contract with a one year extension to allow the contractor ample time to complete the scope of work outlined for this location. RECOMMENDATION: Staff is recommending that the Board of County Commissioners approve this Third Amendment to Contract #C99-12-113 with Recreational Design & Construction and authorize the chairman to sIgn, thereby allowing the contractor ample time to complete this project. '-' "'" THIRD AMENDMENT TO DECEMBER 7, 1999 AGREEMENT BETWEEN ST. LUCIE COUNTY and RECREATIONAL DESIGN & CONSTRUCTION, INC. THIS THIRD AMENDMENT, made this _ day of , 2001, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "County", and RECREATIONAL DESIGN & CONSTRUCTION, INC., or his, its or their successors, executors, administrators, and assigns hereinafter called the "Contractor". WIT N E SSE T H: WHEREAS, on December 7, 1999, the parties entered into a contract wherein the parties agreed that the Contractor would provide accessability compliance and miscellaneous small projects at various park sites for the County; and, WHEREAS, the December 7, 1999 contract stated that the Contractor had one hundred ninety-five (195) days from receipt of Notice to Proceed to complete a new dune crossover and a new parking lot and entrance at Ocean Bay Beach Park; and, WHEREAS, as a result of the First Amendment dated March 28, 2000, the deadline for completion of Ocean Bay Beach Park project was established at February 28, 2001; and, WHEREAS, as a result of the Second Amendment dated April 24,2001, the parties extended the completion date of the Ocean Bay Beach project an additional one hundred eighty (180) days from February 28, 2001 to August 28, 2001; WHEREAS, the parties have agreed to further extend the term of the contract of December 7, 1999, as to the Ocean Bay Beach Park project only, to August 28, 2002. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the December 7, 1999 contract as follows: 1. Section 2.26: WORK AUTHORIZATION: of the December 7, 1999 contract is hereby amended as follows: The Ocean Bay Beach Park Project shall be completed on or before August 28, 2002. -1- r,,, Þ """ ...." 2. Except as amended herein, the remaining terms and conditions of the December 7, 1999 contract shall remain in full force and effect. IN WITNESS WHEREOf, the County has hereunto subscribed and the Contractor has affixed his, its, or their names, or name, and seal the date aforesaid. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney ATTEST: RECREATIONAL DESIGN & CONSTRUCT! ,INC. /¿ Secretary President Print: , \¡?~/ ~ fthJ~ L (SEAL) r j'q, g: \atty \agreemnt \RDC -1 A -2- '-' "". AGENDA REQUEST ITEM NO. C-II DATE: September 11, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Dennis Wetzel, Director SUBMITTED BY(DEPT): Information Technology SUBJECT: Kronos Workforce Timekeeping System Upgrade - BACKGROUND: The Kronos Workforce Timekeeping system is utilized by county departments to record wage hours for approximately 450 BOCC employees at various remote locations throughout the county. The current version of Kronos is not compatible with Windows 2000 operating system. This system upgrade will be web-based and will resolve the compatibility issue for Windows 2000 and future operating systems. . FU N DS A VAl L: Funds are available in Acet #50 1-9000-564000-800 (Machinery and Equipment) due to savings realized on budgeted items. .. RECOMMENDATION: Staff recommends the Board of County Commissioners approve EQ01-299 in the amount of $45,000.00. .... COMMISSION ACTION: . be] APPROVED [] DENIED [ ] OTHER: D uglas Anderson County Administrator Review and Approvals Co,"" Attorney, , ~ Mam'geme" & B'd9et~p","'a,;,g Originating DeÞd . ~ Other: Other: m '-' ~ CJ m c c D c D <: m c c c ¡jj 'tI =ti -I G') =ti » š: :;; m s: Õ :;c m Õ -I m z -I z » » z s: -I -I š: :-:I m :;c Õ 0 z m z c :-:I D z :I!= -I ," I, Iì1 ~ C3 ;J ~ ~ 0 ~ 0 '."' ..,. I·) ìJ C/ ;:¡ ( ) .(J¡ ,., a ¡¡;- 0' " ",', 0 ~ 0 ," 0 ;:: ..... 3 ~ a i 0 ::0 I 0 0 ~ I\) c: èi3 ;:¡ C/) I, :::! co ~3° co (Q (I) ð 0 :::! QJ 0 ;:: Q.Ci)~ C/) 0 ( ) -,., ::0 Ii ;:: ::¡:o"" ~ rri -C')Õ' ", . :::::9a.~ 0 (J 0" -, C'I ::0 ( ) g (þ J:: ::¡:C/ :-I (J ;:: - 3' 111 0 en (þ ;:¡- ~ r- ~ 9""è3<D 0 O"c:@ I· G) mr- Q) (Q (þ ~ ;:¡-~ ¡;:¡ -< DC: Q. g '5' , c:º Q) -(Q ~ ... :;:¡m ;:¡-C/ Q. ;:¡-'" »:s:n (þ C/ :!;C')Ci) (j')mO ::::::03 C/) mzc: .... c: ~ (þ ;:¡ -, Z-IZ (I)~(I) rri e::tl~ 0' c: ~::-i~ :!:: »m ( ) :J' Ñ' eoœ S:(þ( ) S6 ~C:O ( )C')Q. i C')c:0" G) mm» 0:::1'" ~ ..en::tl '> 3 ([j C') - ~;:¡o Z I;:) » :;c -Ie (") .....c: m 'tI m en." ° Q) '" ;:¡ 111 i (") g~~ ~ 'tI (") !B0." 0 :;c 0 c S: ~. Q. .... :;c 0 š: -I::tIn ~o( ) m z -;:¡~ 'tI < š: m."o -I c/ ' Q) m (l)Q,;:¡, 5: m :S:Cñc: z c: " 3 !=? z œnz c ( ) .... ( ) (") c š: Õ'o;:¡ m m m»~ CJ ""ðc;; s: c ::tIr- m ~~,õ m ....-<0 ?? z ~.... m ° ;:¡'(I) :-:I Q. èi3 Ii I\)>:S: o ;:¡ C') ::¡: Q. 0 g::tl:s: (l)C')a. I\)~::¡: / ....1\)- een O~ Q) !/ een 0Q)(Q 'i e - o_( ) '0 01 §§:;:¡- ~ i1\ i1\ ~z a Q.(þo I m ..... c: C/) C/) I 2' :!;, ëi1 Ii r- ::tI co 2"S:~ :t:- en a èi3 ;E ..., (') a ~ a o -,Q) I ~;:¡~ 01 ( ) §-~ ~ 0') QJ ::¡: a .¡:,., :t (f.) ~. -I a ;:¡ I\) 3 a (Q0Q) ;:: a (l)o¡¡;- 0 I ¿:; o~ OJ a ¡¡;-.g ..,. a 3( )(J¡ , (l)QJo , - tIJ ! '5' 0 'ii (Q(J .i , ~(J C/ (þ Ci)3 !.i.. ::0 3"9- 111 = ' 0 ..... .i.. S :-I'CB C/) ~( ) t9 (I) (I) ~ ...... BOARD OF COUNTY COMMISSIONERS '..,.I INFORMATION TECHNOLOGY Date: September 4, 2001 To: Bob Rosart, Information Technology Manager From: Vic Madonna, Systems Analyst Re: Request for Additional Funding - KRONOS v4.0 As per our meeting on August 30, 2001, with Jayne, Jim Oliver and yourself, a decision was made to go with the new KRONOS Software(Web based) Version4.0. Attached, please find the information obtained so far regarding costs. Again, given the short amount of turnaround time in planning the upgrade and obtaining the costs, this is the best estimate I can give at this time. As of this date, the estimated cost for the upgrade to version 4.0 will be, $39,781.00. Again, our current version of the software is not Windows 2000 compliant. I . cc: Phillip Brodeur, Assistant Director of Information Technology James Oliver, Information Technology Manager 2300 Virginia Avenue, Fort Pierce, Florida 34982-5652 (561)-462-1681 ~ Kronos _KRONOS' Professional Services W ork O~er C. KRONDS' Prepared for St. Lucie County PROJECT OVERVIEW: Workforce Central V4, Plan A (Kronos Part Number 9990008-PRO) The purpose of this Professional Services Work Order is to define the services, training and other implementation-related items (Kronos Professional Services) that Kronos and St. Lucie County (hereinafter referred to as "Customer") have estimated and agreed are required to be purchased by Customer from Kronos for the implementation oftheir Kronos equipment and / or software. Project Mana2ement 13 Assessment 16 Site Preparation 20 Confi2uration 22 System Certification 18 Implementation Support 15 Additional Services Requested 24 Professional Service Estimated Hours PIN 9990008-PRO Estimated Professional Service Dollars 128 $24,000.00 Educational Services $3,325.00 Total Estimated Investment $27,325.00 Confidential KPsQ v 1.02 Page 1 9/4/2001 "", Kronos-...l . KRONOS· Professional Services Work Order . KRONOS' Prepared for St. Lucie County The Workforce Central suite of products requires a technology environment capable of meeting the minimum requirements dermed in this section of the Professional Services Work Order. Kronos strongly recommends that your technology environment meet the recommended configurations, as experience has shown that overall perfonnance will meet your expectations. Data Center: All servers must be located on the same LAN segment, with a minimum bandwidth of 100Mbps. ¡Web Server I Web Server I . Load Balancer I 1 00 M b SVlilch I ! 4 I DB Server Background Processor Server The above is a graphical representation of our current recommended configuration, sized to support 2,000 - 10,000 employees. This configuration is subject to change. Your should review your specific requirements with your Kronos Technology Consultant before ordering or upgrading any equipment. Confidential KPSQ vl.02 Page 2 9/4/200 I '-' Kronos -...I . KRONOS' Professional Services Work Order . KRONOS' Prepared for St. Lucie County Supported Databases: The following table defmes the databases, middleware and hardware manufacturers supported by the Workforce Central suite of products: Oracle Enterprise Edition (UNIX) V8.0.6 V8.1.6 V8.1.7 RS6000/ AIX, HP 9000/UX, Sun Solaris NET 8.0.6 NET 8.1.6 NET 8.1.7 Oracle (NT) Workgroups Edition V8.0.6 V8.1.6 V8.1.7 (On NT 4.0, SP 6A+ or Windows 2000 Server) SQL Server 2000 (On NT 4.0, SP 6A+) or Windows 2000 Server (SP1). NOTES: 1. Your Kronos Technology Consultant will give you specific information regarding supported databases, should the database you have installed not meet the requirements defmed above. 2. Your Kronos Technology Consultant will provide specific recommendations regarding server configuration. Intel Pentium NET 8.0.6 NET 8.1.6 NET 8.1.7 NetLib 8.0 DB Library/8.00 Intel Pentium Application Servers: Web Server: The Web Server provides connectivity between the user workstations and the Database Server. Depending upon the number of user workstations, multiple Application Servers may be required. Your Kronos Technology Consultant and Application Consultant will work with you to determine the configuration and number of Web Servers you will need. The chart below lists the typical Web Server requirements to support 2,500 employees and 25 simultaneous users. Operating System Windows 2000 Server (SP!), Windows NT 4.0 Server (SP6A+) Apache HTIP Daemon Microsoft llS 4.0 on NT 4.0 Microsoft ns 5.0 on Windows 2000 Netscape ¡Planet Web Server 4.1 HTIP Daemon NOTES: 1. Your Kronos Technology Consultant will provide specific recommendations regarding server configuration. 2. The Apache HTIP Daemon is shipped with the Workforce Central product. Should you desire to use another HTfP Daemon, you must supply that software. 3. Secure Sockets Layer (SSL) is supported for the following HTfP Daemons: · Apache · Microsoft ns 4.0 on NT Server 4.0 SP 6A, · Microsoft IIS 5.0 on Windows 2000, · and Netscape ¡Planet Web Server 4.1. Confidential KPSQ v 1.02 Page 3 9/4/2001 '-' Kronos ..,; . KRONOS' Professional Services Work Order . KRONOS' Prepared for St. Lucie County Communications Server The Communication Server provides connectivity between the Timekeeper Tenninals and the Database Server and Application Server(s). If you are not intending to install Timekeeper Tenninals, this Server is not required. Your Kronos Technology Consultant and Application Consultant will work with you to detennine the number of Communication Servers you will need. The chart below lists the typical Communications Server requirements. Server Hardware Windows 98, Windows 2000 Professional (SP!), Windows NT 4.0 Workstation (SP6A+) 300 MHz, 128 MB minimum recommended memory and CPU. The actual needed memory and CPU varies, depending on the particular enviroument and usage. 50MB for communications executables CD-ROM reader or access to one on the network. 10Mbps minimum, 100Mbps recommended Operating System Disk CD-ROM Network Adapter Backe:round Processor Server The Background Processor provides totalization services to the system. At least one Background Processor is required. Your Kronos Technology Consultant and Application Consultant will work with you to detennine the number of Background Processors you will need. The chart below lists the typical Background Processor Server requirements. Server Hardware Windows 2000 Professional (SPI), Windows NT 4.0 Workstation (SP6A+) 300 MHz, 64 MB minimum recommended memory and CPU. The actual needed memory and CPU varies, depending on the particular environment and usage. 40MB for Background Processor executables CD-ROM reader or access to one on the network. 10Mbps minimum, 100Mbps recommended Operating System Disk CD-ROM Network Adapter Sine:le Server Option: Workforce Central v4.0 will support a single-server configuration designed to fit the needs of small or mid-size companies. Single server means that a single computer can be used for the database, DCM, background processor, windows client, and web server. ConfigllTation guidelines, including computer specifications for single server, will be available in Workforce Central v4.0.2, planned for September 2001. Confidential KPSQ v 1.02 Page 4 9/4/2001 '-' Kronos C. KRONOS· Professional Services Work O'r'der C. KRONOS· Prepared for St. Lucie County Client PCs Confil!:uration pc: A Configuration PC is a client system that is used by employees to configure Workforce Central. Configuration PCs should be on a LAN segment providing a minimum bandwidth of 10Mbps. Operating System CPU RAM Disk Middleware CD-ROM Monitor Network Bandwidth Windows NT 4.0 Workstation or Server (SP 6A+), or Windows 2000 Professional (SP1) Intel-based Pentium Pro 400 MHz 128MB - More to run additional applications 90MB Appropriate middleware for the Workforce Central database CD-ROM Reader (or access to one on the network) 1024x768 resolution 10mpbs minimum, 100mpbs recommended Browser PC: A Browser PC is a client system that is used by employees to record their time infonnation, or supervisors to modify the timecards of their employees, modify the schedules of their employees, run reports on their employees, and/or approve their employees' timecards. Operating System CD-ROM Monitor Network Bandwidth Windows 98, Windows NT 4.0 Workstation or Server (SP 6A+), or Windows 2000 Professional (SP1) CD-ROM Reader (or access to one on the network) 1024x768 resolution 56Kbps dial-up or 56Kbps Frame Relay, Fractional Tl or Tl-T3 Browser support for Microsoft Internet Explorer is v5.0 and v5.5 for non-secure mode (HTTP), and IE v5.5 spl for secure mode (HTTPS). Workforce Central v4.0.1 does not support the Netscape browser. The Netscape code must change in order to achieve acceptable performance with Workforce Timekeeper v4.0. Kronos has been working with Netscape and the needed changes in Netscape will be addressed in Netscape version 6.0. Kronos has confumed this in a beta version of Netscape version 6.0. If Netscape meets its "announced release date, then Kronos expects that Workforce Central v4.0.2 will support Netscape v6.0. Workforce Central v4.0 requires the Sun Java Runtime Environment v1.3.1. This is distributed as a plug-in into the browser. If the Java plug-in is not present, it will be installed automatically. E-Mail Support Although any SMTP (Simple Mail Transport Protocol) e-mail server is supported, Kronos does not support any version of Lotus Notes prior to Version 5.0. Confidential KPSQ v 1.02 Page 5 9/4/2001 .\tl. Kronos """" . KRONOS' Professional Services Work Order . KRONOS' Prepared for St. Lucie County Our experience has shown that the Customer's project team needs to be aware of their level of involvement in the implementation ofKronos software as the project is being planned. The following chart is intended to give you a general idea of the amount of time your project team members should plan on devoting to the project, by implementation phase, compared to the Kronos project team members. Anticipated Resource Allocation Aanning ----, . Customer I . Kronos . en ( ) en <1:1 ..c:: ~ ( ) u ..... t: ( ) tI) Assessrrent Site A"eparation Configuration System Certification Irrplerrentation Support o 10 20 30 40 I I ~ Hours ----'-------._----- Based on our experience, these are the roles that wilI be required for the successful implementation of Workforce Central in your company. Human Resources Manager 'êâ.ß' ,~ ä Experienced Project Manager with successful track record. Complete comprehension of your time, attendance, and payroll policies. Strong oral and written skilIs. Complete comprehension of your time, attendance, accrual and payroll policies. Strong oral and written skilIs. Experienced with backup and recovery plan creation and implementation of database engine. Complete knowledge of the organization's network, future plans, and outstanding issues or problems. Teclmical knowledge of network connectivity, and strong network troubleshooting skills. Experienced System Administrator with two years of experience. Knowledgeable Desktop Administrator. Knowledgeable in Windows and Intel based applications Knowledgeable in Netscape Enterprise Manager 3.6+ or Microsoft Internet Information Server 4.0+. Database Administrator Network Administrator System Administrator Desktop Services Administrator Help Desk Web Master Customer understands and agrees that unqualified or unavailable staff will delay the Workforce Timekeeper installation Confidential KPSQ v 1.02 Page 6 9/4/2001 eKRONOS' ~ Kronos ~ Professional Services Work Order Prepared for St. Lucie County . KRONOS' and may require Customer to purchase additional Services from Kronos. If any of the above positions are not available in your company, please contact your Kronos representative or a third-party vendor. Workforce Timekeeper will be implemented in one or more facilities. The following table defInes the facilities, number of employees, data collection method and timing for the Workforce Timekeeper implementation: Facility Number of Number of Data Collection Start Date End Date Employee Supervisors Method (If Known) (If Known) 5 If Workforce Central modules will be implemented at facilities other than those listed above, Customer assumes responsibility at these additional facilities for software installation, confIguration, and training. These services can be purchased from Kronos but are not included in this Professional Services Work Order. Kronos is proposing Workforce Central v4.0 500 employee capacity with 5 named user accounts (managers/supervisors). Customer will run Workforce Timekeeper on a Sequel Server database on a NT operating system. Equipment will be located at the main data center in IS Department of County Customer is currently using SCT Banner for their payroll. Customer will purchase the following integration links: · Link r - Employee master feed from scr Banner to Workforce Central. · Link 2 - Employee hours data feed from Workforce Central to scr Banner Customer will send the core project team to the recommended training courses identifIed in the Professional Services Work Order. Kronos will provide the following products: · Workforce Central v4.0 Software. · Kronos Connect. · X - 480F Timekeeper® Tenninals. · Other Modules purchased. Hardware sizing is made on the following assumptions <List the specifics provided by your Area T<:cl1nology \Ianag<:r.> Confidential KPSQ vl.02 Page 7 9/4/2001 ,~ Kronos 'wi · KRONOS· Professional Services Work Order . KRONOS· Prepared for St. Lucie County Customer will provide the following: · <List the specifics of the server(s) the customer is to provide>. · <List the specifics of the Desktops the customer is to provide>. · Remote connectivity to Kronos after initial installation to support remote product configuration and refmement via one workstation with modem, phone line, Kronos client software, and the Kronos supplied PC Anywhere communication software. Confidential KPSQ v 1.02 Page 8 9/4/2001 Kronos · )(RONOS' P~ofessional Services W ork O~er . KRONOS' Prepared for St. Lucie County · Kronos Project Manager is the primary contact for Customer questions relating to the Kronos System and implementation. · Kronos Project Manager coordinates and schedules Kronos resources. · Kronos Project Manager participates in periodic meetings and status conference calls. I Assessment 16 · Review system hardware / technology requirements. · Assist in the preparation of application surveys, including ancillary modules, which become the basis of the System Specification. · Sign off on the System Specification - Milestone I. · I Site Preparation 20 General · Verify that all information requested in the Installation Guides is available. · Configure hardware devices and ensure communications are established. Network · Verify that the network can provide sufficient response time between the client PCs and the database server. · Ifnecessary, recommend a Network Readiness and Performance Assessment to ascertain what improvements are required to provide sufficient response time. Data Center Database Server · Verify that the Workforce Central database server is available, has the correct Operating System installed, the correct Operating System Service Packs, if any, are installed, the correct version of the database and appropriate Service Packs, if any, are installed, and the database parameters have been correctly set. · Verify that sufficient disk space exists for the installation of Workforce Central product. Verify that the data space has been configured and sized correctly for the database being used. · Understand any other applications that will reside on the database server, and discuss any performance implications. Web Server(s) · VerifY that the server has the correct Operating System installed, and the correct Operating System Service Packs, if any, are installed. · If the Apache HTTP Daemon will not be installed, verifY that a supported Daemon is installed, and necessary Services Packs have been installed, and the Daemon is configured correctly. · Verify the any required middleware is installed and configured correctly, and the server can connect to the database. Configuration Client(s), Background Processor Server, Communication Server · Verify that the systems upon which the software will be installed meets the required specification, or Customer has plans to upgrade them to meet the required specification before they will be used for this application. · Verify that the correct database middleware has been installed on the systems, and they can connect to the database. Software Installation · Install the DB Manager program, background processor server software, licensing program and database utilities on the appropriate systems (or database server, if the Single Server Solution is being implemented). · Modify ODBC settings and check connectivity to the database. · Run a script to initialize the Workforce Central database objects. · Review the installation log to assure that all Workforce Central objects were created successfully. Confidential KPSQ vl.02 Page 9 9/4/2001 "J' Kronos '-...I «. KRONOS' Professional Services Work Order . KRONOS' Prepared for St. Lucie County · Apply the current Kronos Service Pack, ifany. · Provide a copy of the DBA Utility scripts and DBA Utility documentation to the DBA and/or identify where the DBA may locate these items. · Run the Reconcile function and the Stats and Recomp scripts for the first time. · Install all other necessary software for the Data Center systems. · I Configuration 22 General · Assist in configuring the "core" components of Workforce Timekeeper and any purchased ancillary modules. · Configure up to 5 Work RuleslPay Rules, as per the System Specification. · Assure System Administrator knows how to complete any remaining items and load any necessary data. 18 I System Certification General · Assist in testing system in a controlled environment. · Verify Work RuleslPay Rules are configured as per the System Specification. · For Interfaces, verify that import ftIes can be processed correctly, and that export ftIes are correct. · Make any necessary configuration changes and update System Speciftcation. · Milestone 2 sign-off. f I Implementation Support · Provide phone support during system parallel testing. · Make any necessary programming changes from approved Change Requests. · Kronos personnel are available via telephone for Roll Out support. 15 I · Total Additional Professional Services Hours The number of hardware devices to be configured is: Additional Professional Service Hours. If there are no comments listed in the section below, Your Kronos Project Manager will review the distribution of these additional hours with you during the project planning stage. Hours 24 o o *Customer would like us to install Sequel Server, Web Server, etc. Comments Regarding Additional Professional Services '¡'Sêle 't· 'q ..,. .~.ç,e Install Additional Web Server Confidential KPSQ v1.02 Page 10 9/4/2001 ....... Kronos 'will .KRONOS· Professional Services Work Order . KRONOS" Prepared for St. Lucie County Install Conununications Server 4 Install Additional Background Processor Server 2 Workforce Connect 12 Confidential KPSQ vJ.02 Page 11 9/412001 . ~ ' If Kronos '-' C. KRONOS' Professional Services Work Order C. KRONOS' Prepared for St. Lucie County General Customer is responsible for providing all computer hardware, operating system software, database software, and non-Kronos provided software and hardware necessary for the operation ofKronos applications. Project Management · Provide a person who will function as the Project Manager, responsible for securing and scheduling resources for the Kronos Project. · Customer Project Manager participates in periodic meetings and status conference calls. · Customer Project Manager reviews and approves major milestones. · Customer Project Manager manages open issues. . · Customer Project Manager assesses risks during the project. Assessment · Assure Customer hardware I technology environment meets Kronos specifications. . · Provide appropriate resources to represent Customer during the preparation of application surveys, which become the basis of the System Specification. · Sign off on the System Specification - Milestone 1. · I Site Preparation · Schedule Customer personnel for appropriate Kronos training classes. · Assure Customer hardware I technology readiness checks have been perfonned. · Install and test Kronos Data Collection Devices per the Kronos Project Planner instructions or specific project plan for this implementation. · Prepare the database server for the appropriate database per the instructions in the Workforce Central V 4 Installation Guide. Configuration · Provide Kronos access to the appropriate resources during configuration. · Complete any remaining configuration tasks and load any required data. · System Certification · Provide appropriate resources to test the Kronos System to the System Specification. · Document any request for changes on the Kronos Change request Fonn. · Test any changes requested. · Sign off on the System - Milestone 2. Roll Out · Provide appropriate resources to be responsible for the Roll Out of the Kronos System. · Document any request for changes on the Kronos Change request Fonn. · Test any changes requested. · Sign off on the Implementation. Confidential KPSQ vJ.02 Page 12 9/4/200 1 ;>, Kronos . KRONOS· P~ofessional Services Work O'rd.er . KRONOS· Prepared for St. Lucie County Kronos Educational Services - Core Education Plan Workforce Central v4 Course: Workforce Central 4 Daily Operations Part#: 9991789-0 Audience Administrative Assistant, Supervisor. Audience also includes Payroll Manager, HR Manager, Store Manager, Plant Manager, System Administrator, Configuration Specialist, and Help Desk Specialist because this course is a prerequisite for all other Workforce Central courses. Course Description This instructor-led course is designed to provide participants with an understanding of the basic, daily activities that are necessary for tracking and managing employee time and labor data. Course: Workforce Central 4 Pay Period Operations with Scheduling Part#: 9991800-0 Audience Payroll Manager, HR Manager, Store Manager, Plant Manager. Also includes System Administrator, Configuration Specialist, and Help Desk Specialist because this course is a prerequisite for higher-level Workforce Central courses. Course Description This instructor-led course is designed to provide participants with an understanding of advanced pay period activities that are necessary for tracking and managing employee time and labor data. Topics include: pay period specific tasks, Hyperfmd queries, and advanced reporting. The course also provides participants with the information they need to build and maintain individual and group schedules using the Workforce Central scheduling tools. Topics include: schedule planner, schedule and pattern templates, and maintaining schedules. Course: Workforce Central 4 Administration and Support Part#: 9991792-0 Audience System Administrator, Payroll Manager, HR Manager, Configuration Specialist, IS Specialist, Database Specialist and Help Desk Specialist Course Description This instructor led course allows participants to earn how to setup display preferences, learn about access profiles types, understand how licensing is managed, understand the "People" concept, learn about reports, and become familiar with e- mail integration and e-mail notifications. In addition, this course also provides an overview about system information, system logs and system settings. Confidential KPSQ vl.02 Page 13 2 2 2 1 1 9/4/2001 ,1....._ Kronos 'w1I . KRONOS· Professional Services Work Order . KRONOS· Prepared for St. Lucie County Workforce Central 4 Employee Tutorial Part#: 8601798-001 This Tutorial is designed to be a 30 minute walk through the methods of entering and reviewing one's own time data. Each section focuses on a separate method of time entry and reporting in Workforce Central. It can be tailored so that only those sections that apply to the employee will be visible and accessible. Content includes a product overview, navigation, time entry methods, reports, and using on-line help. Kronos Virtual Classroom Part#: 9999923-K This package includes three (3) KVC Sessions of your choice. Please visit kvc.kronos.com to register. 3 3 . Confidential KPSQ vl.02 Page 14 9/4/2001 "" Kronos ""'" «. KRONOS· Professional Services Work Order . KRONOS· Prepared for St. Lucie County Kronos Virtual Classroom (KVC) Offerings For Workforce Central V 4 Course: WFC 4 Pay Period Operations and Reports This course is designed to provide you with a general understanding of the basic, daily activities that are necessary for keeping track of and managing employee time and labor data. You'll learn about navigation, how to use Workforce Genies, and different methods of entering time. This course is designed to provide you with an understanding of the functions surrounding the managing of your timecards. You'll learn to perform advanced edits, calculate totals, interpret accruals and audit trail information as well as approve timecards. This course provides you with an understanding of accessing and interpreting reports on employee time and labor data as well as perfonning timecard edits to groups of employees. You'll learn to identify different report categories, report timeframes and people as well as all the functionality of group edits (including concepts, benefits, performing and display status of group edits.) This course introduces you to the Hypeñmd Query editor. You will learn how to access, create, assemble and run HyperFind queries for one employee and for a group of employees. You will also explore the Query options available in Workforce Central and how this application is used to retrieve information from the database. This course provides you with an understanding of the pay period operations necessary for managing employee time and labor data. You'll learn to perform pay period based timecard operations, explain the "people" concept, and generate advanced and pay period based reports. This course is designed to provide you with the information needed to build individual and group schedules using the Workforce Central scheduling tools. You'll learn scheduling terms, concepts, and navigation. You'll also build schedules in Schedule Planner, including adding shifts, applying transfers, and adding pay codes to employee schedules. You'll also set up scheduling tools: schedule periods, shift templates, pattern templates, and groups. This course is designed to provide you with the information needed to maintain individual and group schedules using the Workforce Central scheduling tools. You'll learn to edit individual and group schedules, assign employees to different groups, create ad hoc shifts and temporary schedules, apply pay code edits to group schedules, and edit individual schedules. All courses are Pat No. 9999923-K. Course: WFC 4 Overview and Time Entry Course: WFC 4 Managing Timecards Course: WFC 4 Daily Reports and Group Edits Course: WFC 4 Creating Hyperfmd Queries Course: WFC 4 Building Schedules Course: WFC 4 Maintaining Schedules These are the appropriate courses to be taken based upon the ancillary modules Customer has purchased, and any additional training selected. For additional information on these courses, please visit www.kronos.comleducationJeducation.htm. Confidential KPSQ v 1.02 Page 15 9/41200 I c. KRONOS· I.... Kronos.., Professional Services Work Order Prepared for St. Lucie County . KRONOS· The following summarizes the Change Control Procedures for the Project: 1. Any request for additional products and/or services may result in an additional Sales Agreement. 2. A Change to Scope is defmed as any change affecting the project scope, deliverables, budgeted time, quality or schedule. 3. An approved Change Request will be required for any Changes to Scope, as defmed above. 4. Any request for a change to Project Scope originating from Customer must frrst be approved as a contemplated change by the Customer Project Manager, who will then contact the Kronos Project Manager and subnùt a Change Request Fonn for approval. 5. Any request for a change to Project Scope originating from Kronos must frrst be approved as a contemplated change by the Kronos Project Manager, who will then contact the Customer Project Manager and subnùt a Change Request Fonn for approval. 6. No Change Requests will become part of the Project until approved in writing by Customer Project Manager and the Kronos Project Manager. 7. Any Change Request not approved by the Customer within 2 business days will be deemed to be not approved. Any project schedule delays or additional costs due to lengthy delays in obtaining Change Request approval by Customer will be the responsibility of Customer. Kronos reserves the right to bill Customer for the time required to prepare responses to Change Requests on a time and material basis whether eventually approved or not. 8. Any approved Change Requests will fonn part of the project scope. 9. Any requests for additional work or changes to project scope may result in changes to previous deliverables or delivery dates. 10. Changes to Interface requirements will be considered as additional work. Changes to the Implementation Guidelines may require changes to the project scope. 11. Any additional travel time will be additionally billed in accordance with the policies defined in the "Kronos Travel Expenses" section below. Confidential KPSQ v 1.02 Page 16 9/4/2001 ~ Kronos ""-' 8KRONOS' Professional Services Work Order . KRONOS' Prepared for St. Lucie County 1. The existing Payroll system will remain during the life of this Project. 2. No other projects are due to be implemented at the Customer's sites that may impact the Project. 3. Customer acknowledges that the existing IS infrastructure is able to perform in a satisfactory manner, and that any changes to the IS infrastructure during the life of the Project (including maintenance period) will not adversely impact system performance. 4. Any assigned resources for the project will have sufficient information/skills necessary in order to perform the assigned tasks, including network and database skills as required by the architecture of the system purchased. Additional resources or time required to complete tasks due to lack of information/skills of assigned resources will be considered out of project scope. 5. No customization is required to support import/export files other than the purchased Interfaces. 6. All work will be performed during normal business hours, 8am-5pm, Monday-Friday. 7. Any additional site visits required other than as necessary for the deliverables described in this Professional Services Work Order will be billed at Kronos' billing rate, including travel. 8. All work will be performed within the time frame agreed to and defmed in the Project Plan. 9. Kronos personnel working on Customer's site will have access to the facilities and Customer networks, as necessary. When Kronos personnel are working remotely, they will have access to the Customer's PCs, servers, and network via Kronos standard dial-in application. 10. All instructor-led Kronos Educational Services classes will be held at a Kronos facility. II. All database maintenance, backups, etc. are Customer's responsibility. I. Customer agrees to reimburse Kronos for all reasonable and necessary local travel incurred by Kronos in the performance of any Services, provided that such expenses comply with Kronos' Travel and Expense Policies. Travel will be charged for all local travel round-trip from the nearest Kronos office to Customer's facility. 2. Customer agrees to pay any travel expenses such as airfare, lodging, meals and local transportation incurred by Kronos to deliver purchased Services in accordance with Kronos' Travel and Expense Policies. Airfare, lodging, and meals are chargeable to Customer only when Customer agrees in advance to assume those expenses. 1. Customer agrees to pay its own travel expenses for the meetings and training as described in this Professional Services Work Order. Confidential KPSQ v\.02 Page 17 9/4/2001 ,I" Kronos '-' . KRONOS· Professional Services Work Order . KRONOS· Prepared for St. Lucie County 1. The applicable Sales Agreement and Software License shall specify the Products purchased / licensed by Customer, and prices for the Professional Services. The Professional Services are subject to all the terms and conditions of the Sales Agreement and Software License. 2. Customer and Kronos recognize and agree that the hours defmed within this Professional Services Work Order were estimated based upon the preliminary information provided by Customer to Kronos. In addition, these estimates have been made based on the Customer fulfilling its obligations as defmed herein. Additional hours may be required to complete this implementation as a result of newly discovered information, Customer's delay in fulfilling its obligations, or a change in the scope of the project. Kronos will review with Customer the number of hours purchased by Customer and the number of hours Kronos anticipates will be required for the completion of the implementation after assessment of Customer's configuration requirements. Kronos will monitor the hours used as the implementation project progresses, and will advise Customer if more hours are required. Additional Professional Services hours may be purchased by the Customer at the current project hourly rate if purchased during the implementation and within one (1) year of the effective date of this Professional Services Work Order. 3. Any Professional Services and/or Educational Services hours/days purchased by Customer but not used within six (6) months after shipment of the Software will expire. Customer may use such Professional Services and/or Educational Services hours/days toward any Kronos Professional Services offerings (including Training), provided Customer uses Professional Services and/or Educational Services hours/days within six (6) months after shipment of the Software. This Professional Services Work Order shall only be valid for one (I) year. 4. If Customer must cancel a scheduled Professional Services appointment, Customer must notify the Kronos Project Manager at least 48 hours prior to the scheduled appointment. If Customer cancels a scheduled appointment with less than 48 hours prior notice, but prior to the day of the appointment, Customer shall be responsible to pay Kronos a cancellation charge equal to fifty percent (50%) of the scheduled Professional Services. If Customer cancels a scheduled appointment on the day of the appointment, Customer shall be responsible to pay Kronos a cancellation charge equal to one hundred percent (100%) of the scheduled Professional Services. 5. If Customer must cancel attendance at an Educational Services course, the full charge for such course will be applied unless cancellation is received: · For any public class two (2) days or less in length, written notice must be received at least five (5) business days prior to the first day of such class; · For any public class three (3) days or greater in length, written notice must be received at least ten (10) business days prior to the first day of such class; · For any private class (i.e., on site, Kronos Office, or KVC), written notice must be received at least fifteen (15) business days prior to the first day of such class. 6. During the term of this Agreement and for a period of one year after the completion of services under this Agreement, Customer agrees that it shall not hire, as an employee or consultant, any Kronos employee who has performed services for Customer under this Agreement. Confidential KPSQ vJ.02 Page 18 9/4/2001 "-" Kronos .KRONOS· Professional Services W ork ~der . KRONOS· Prepared for St. Lucie County SUBMITTED AND APPROVED BY KRONOS PROFESSIONAL SERVICES MANAGER By: Date: By signing below and by signing the Sales Agreement and Software License, Customer agrees to purchase the Services described above. Very truly yours, Kronos Incorporated ACCEPTED AND AGREED St. Lucie County By: Date: Title: Confidential KPSQ v 1.02 Page 19 9/41200 I _,~ Kronos-.."l C~ KRONOS' Professional Services Work Order . KRONOS' Prepared for St. Lucie County DELIVERABLES DATES SPECIFICATIONS PERFORMANCE RESOURCES SUPPORT SERVICES SCHEDULE REVIEWED BY CUSTOMER PROJECT MANAGER KRONOS PROJECT MANAGER Confidential KPSQ v 1.02 Page 20 9/4/200 I '-" _KRONOS' Kronos .~. Professional Services Work Order . KRONOS' Prepared for St. Lucie County Confidential 9/412001 KPSQ v 1.02 Page 21 howGrd Jc. com .... ...., Tuesday. September 04, 2001 About Us I Contact Us I Sup Grow wit C¿uul¡.,¡f¡()l1 'llZfUII_..___r.tæll1l..._J Store Features o Store Security Howard believes in keeping your information secure. Visit our Store Security page to see the steps we have taken to protect you. o Limited Warranties Details about the limited warranties on our products. Quotation Name (First, MI, Last): Vlc Company Name: IStLu,~i.,~<::()u~!y Contract #: J ,'Ir.Aado,nna Item Item Description System Type: CPU: Howard N5110 Server Pentium 1111000EB 1133, 256K Cache FC-PGA [07CPU1000C700) Dual Processor 1GB Registered ECC PC133 (2 X 512MB) [07MEMOA004POO] 18GB, 10000rpm, LVD, 160MB/Sec, Hot Swap SCA [07HDD16300700] 8 Hard Drives No. of CPUs: Memory: Hard Drive: No. of Hard Drives: Raid Configuration: SCSI Controller 1: Integrated Ultra160 and Ultrall'vlde (Dual Channel) [OZSCS 15000100] SCSI Controller 2: Adaptec 29160N Ultra160 SCSI Controller [07SCS15000400] 40X MAX SCSlll'vlde CDROM [07CDR1 04001 00) DDS4 40GB Ultra2 LVD wlBackupExec, Use with RAID for N3000 & N5000 series [OZTPDOA000500) Integrated 4MB ATI Rage IIC PCI [07GRCOOOOOOOO] Howard 15", 0.28mm diagonal, 1280x1024, 13.8" VIS [07MON11100AOO] 3COM 56K V.SO Controller Based Modem [MOD004] 104-Key II'vIndows PS/2 Keyboard [07KBD1 01 00300) Logitech 2-Button PS/2 Mouse with Howard Mouse Pad [07MOU10100001] Network Card 1: Integrated 100+ NIC [07NICOOOooooo SC5000 with Hot Swap Redundant 330 Watt Power Supplies Tower Chassis [07CSE20100500] Standard Floppy [07FDD1 01 021 00] II'vIndows NT 4.0 W 5 CAL [07SWR10100700 Hot Swap Ultra 160, 10 Postion Drive Bay (2 X 5 Drives) [BPN002] 3 Year Parts & Labor Limited Warranty with 3 year NBD On- Site Service [07SRV10000BOO] RAID 5 CD/DVD-ROM Drive: Storage Device: Video Card: Monitor: Modem: Keyboard: Mouse: Chassis: Floppy Drive: Operating System: Backplane: Warranty : http://www.howardcomputers.com/storeslhome/ servers/server_quote .asp Page I of2 Phone No: r: Fax No: r: Un Qty. Pric 11", $9,542.2 Subtotal: 9/4/2001 ...... -~ Page 2 of2 'will Shi . ppmg, Handling, & Packa' . Taxes· (if APPIiC:~~~; Total:· $169.00 $0.00 $9,711.28 N~~t . Copyright 2000 How (Site Terms of Use) (Sec~rity ~~Ii~omputers, All Rights Reserved. y) (Privacy Policy) (Lim't d I e Warranty) ~ (~ fAV~:n:s ~ USe: ~ /Si'INj o Jø/cJhþ 4~f£cI~ 113> ~VLr- ~SruuJe.(Z.· http://www.howardcom puters.com/stores/ho 1 me servers/server_quote. asp 9/4/2001 B8/38/B1 13:1B:58 881->561 462 1443 '-" St. Lucie County BOCe Ruthle Dntafney Phcne: Fax:5e1-4ð2-1443 All Prioes are in US Dollar (USD) Product Qty ....., Pricing Proposal Quotation #; 125777 Quote Valid Until: g/2gi01 Pagc Baz SHI Account Exec John Bruton 2 Rlvørview DrMi ScmØ'Se~ NJ 08873 Phone: eoo.543-0432 Fax: 732-8e6-e055 R8I.il Your Price Total 1 SOL Server Enterprise 2000 English Com¡::etitive Version Product U - License Only Mfg Part#: 810-00629 2,120.00 1,757.30 1,757.30 2 SOL Client Access License 2000 English CompetitiveNersion Upgrade - Lioense Only Mfg Part#: 359-00609 ;{ 56.00 46.22 ~ I¡ /SS:SO Total ' I ,~OM2 ~ tj¡j. ~ ï ~ ~ """ AGENDA REQUEST ITEM NO. C-12 DATE: September 11, 2001 CONSENT [X] REGULAR [ ] PUBLIC HEARING [ BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Community Development'Tourism Division SUBJECT: Tourism Special Event Grant Agreement - Retired.Com Senior Golf Tour BACKGROUND: See attached memo. FUNDS AVAILABLE: Account Number 611-5210-582000-500 Aid to Private Organization PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed special event grant agreement with the Retired.Com Senior Golf Tour organization to bring a series of Professional golf tournaments for seniors from throughout the nation to our area, and authorize the chairman to sign the agreement. COMMISSION ACTION: :{{ 1 APPROVED [] DENIED [ ] OTHER: D ug Anderson County Administrator County Attorney: Originating Depl.~ Finance: (Check for Copy only, if applicable) ~~ Purchasing: Other: Other: FORMSIAGNREQ '-' '-' ,. TOURISM OFFICE MEMORANDUM To: Board of County Commi66ioner5 From: Gayla Barwick. Touri6m Date: September 6. 2001 Re: Touri6m Special Event Grant ~reement - Retired.Com Senior Golf Tour. A eerie6 of Profe66ional or Amateur Golf T ournament6 for Seniore. .............................................................................................. BACKGROUND: In accordance with previou6 Board direction. the Touriet Development Council hae in6tituted a 6pecial event grant program to aeeiet local organization6 in promoting their events. The grants are paid from Tourist Development Tax fund6. Attached to this memorandum ie a copY of the proposed grant agreement with the Retlred.Com Senior Golf tour along with a copY of their application. Pureuant to the agreement. if approved. Retired.Com Senior Golf Tour will receive a special event grant for the five month long golf tournament in the amount of two thou6and and 00/100 ($2.000.00). CONCLUSION/RECOM MENDA TION: Staff recommends that the Board of County Commissionere approve the propo6ed epecial event grant agreement with Retired.Com Senior Golf Tour organization to bring a eeriee of Profeeeional or Amateur Golf T ournamente for Senior5 from throughout the nation to our area. and authorize the chairman to eign the agreement. Respectfully submitted. ~~--~ Gayla Barwick. ourlem Manager Attachment Copiee to: County Admini6trator County Attorney Finance Director Management & Budget Director Interim Community Development Director Contracts Coordinator '-" ,." SPECIAL EVENT GRANT AGREEMENT THIS AGREEMENT, made this day of A.D. 2001, between ST. Ll'CIE COUNTY, a political subdivision of the State of Florida. he~inafter called the "County", and RETIRED.COM SENIOR GOLF TOUR, or its successors. executors, administrators, and assigns hereinafter called the "Recipient". IN CONSIDERATION of the mutual benefits received by each part. the parties mutually agree as follows: 1. The County shall disperse to the Recipient a grant in the amount of two thousand and 00/100 dollars ($2,000.00) to be used to as set forth in its 2000-2001 Special Event Grant Application, incorporated herein by reference. Payment to the Recipient shall be made in one lump sum payment within thirty (30) days of the date this Agreement is fully executed. 2. Within sixty (60) days following the event or the date of this Agreement, whichever is later, the Recipient shall provide the $1. Lucie County Tourism Development Manager with a report on the event funded by the grant including, but not limited to, the number of attendees at the event, a list of hotels and/or other accommodations used by participants and attendees at the event, the number of room nights generated by the event, and a copy of the brochure, flyer or poster used to market the event. 3. The Recipient sha,ll have internal controls adequate to safeguard the grant. 4. If the grant can not be used or a subsequent audit reveals the grant was not used according to this Agreement., any money not so used shall be reimbursed to the County. 5. The Recipient gives the County the right, until the expiration of three (3) years after 1 '-'" -...I expeDdituR of fimds under Ibis lIfecme.at., to audit the use oCthe pant moaies. Upoa cIcmInd. the County shall have access to and the ri¡ht to examine any directly pertinent books. documents. papers. and retords of the Recipient involving transactions related to these grant monies. All required retords shall be maintained until an audit is completed and all questions arising therefiom are resolved, or until the expiration of three (3) years after the expenditure of the funds. 6. The Recipient is and shall be an independent contractor, responsible to all parties for all of its acts or omissions and the County shall in no way be responsible for such acts or omission. The Recipient shall and will indemnify and hold harmless the County from and against any and all liability, claims, damages, expenses, fees, fines, penalties, suits, proceedings, and actions and cost of actions, including reasonable attorney's fees of any kind and nature arising or growing out of or in any way connected with the use, occupations, administration or control of the above described services by the Recipient or its agents, employees, customers, patrons or invitee, or resulting from , injury to person or property, or a loss of life or property of any kind or nature whatsoever sustained during the term of this Agreement. The Recipient hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification provided herein. 7. The Recipient agrees to comply with all local, state and federal laws, rules and regulations. 8. All publications, media productions and exhibit graphics shall include the following statement: Sponsored in part by the St. Lucie County Tourist Development Council. 9. Any notice shall be in writing and sent registered or certified mail, postage and charges prepaid. and addressed to the parties at the following address: 2 ~ ....,¡ To the County: With copies to: St Lucie County Administrator 2300 Virginia Avenue Fort Pierce. Florida 34982 Sl Lucie County Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 St. Lucie County Tourism Development Manager 2300 Virginia Avenue Fort Pierce, Florida 34982 To the Recipient: Retired.Com Senior Golf Tour 2421 SE Hillard Road Port St. Lucie, Florida 34952 10. No amendment, modification or waiver of this Agreement shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any forms for agreement " modification, the Recipient agrees to use said forms. 11. Except as otherwise provided, this agreement shall be binding upon and shall insure to the benefit of the parties. 12. The Recipient represents Ùlat it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner wiÙl the performance of services required hereunder, as provided for in Florida Statutes 112.311 (2000) and as may be amended from time to time. The Recipient further represents that no person having any interest shall be employed for said .' performance. The Recipient shall promptly notify Ùle County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest 3 . . ~ 'wII orOlbercircums1lDce which may ÏDf1\ICDC'C or appear to inßuence the Rccipieor'sj~ orqullity of services being provided hereunder. Such ~tinen notification sball identify the prospective business association. interest or circwnstance. the nature of work that the Recipient may W1denake and request an opinion of the County as to whether the association. interest or circumstance would. in the opinion of the County. constitute a conflict of interest if entered into by the Recipient. The County agrees to notify the Recipient of its opinion by certified mail within thirty (30) days of receipt of notification by the Recipient. If, in the opinion of the County. the prospective business association, interest or circumstance would not constitute a conflict of interest by the Recipient, the County shall so state in the notification and the Recipient shall, at hislher option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Recipient under the terms of this Agreement. 13. In the event it is necessary for either party to initiate legal action regarding this Agreement, .' venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. 14. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties hereto. [Remainder of page intentionally left blank.] 4 ~ ~ IN WITNISS W1D'IŒOF, Ibe pIrties have caU!ed the execuûoo by Ibeir duly IUIborized officials as or the day IDd year firsI written above. A nEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FOR". AND CORRECTNESS: BY: COUNTY A TTORJ."'íEY WITNESSES: RETIRED.COM SENIOR GOLF TOUR BY: OR- ~£~-- AUTHORIZED REPRESENTATIVE NAME: C2.£ q ~ -~. , TITLE:~O ~ g:\agreemnt\contract\tdc.event.retired.com. wpd P' 5 -o-r I~ I.:JCII .'wtI '0" ~ "I.C. '4I.TC4"SOot 'SI.....O '_0" ). SPECIAl EVENT GRANT APPLlCA T10N TOe APPlICAT1ON: Must ae Typed. If a question do.. not apply, wrtte NlA In the blank. Use .dditionallheets of p.per If necessary. ~.{Ir~o" Cm ~:()i!.. bO«..~~~ 1. Name of Event: 2. Location of Event: (Yl A-2-n J.) ~ 5r-. ~lI:: ~. 3. Event date(s): ma..i..( ~CJ- CJd.. 2..(p 2.00 I 4. Name of person filling out this application: - (~I) Phone: 5q g - 8'i ~ 5' Ai..- C-u. A ¡..J 0 U:::12- 5. 6. Name of organization you represent: KL:hreD. Lern ~12- 6cf..F. 1Ö.tJ2... 7. Mailing . I address: J. .,..;J./ 8. City: P SL ~E ~li4.¿O 1Z..J:J State: FL Zip: . ~~ S" ~ 9. Event Contact Person Authorized t9 represent event to the Tourist Development Council: AL c::!. H,qA/LJU;;-72- Title: I ð1.Lr .J::1A!.e crnl2- 10. Phone:(;tDI)~4 g·'l711 Fax:Œøl) ó'i¡~ ro i'-'> . ." I :Jd:U~.~~. . . 2auo Vltlllf,.a Avenue. ~I. ~I.rc.. FL 34'82. 1S') "02'1535 . FAX; ¡!!I') 4152-2132 . '''OO.344.TOIFj '-'" ...." 11. Dacrtbe 1M purpoMImisIion of your OIgat¡q4lllLof'l: (1c 1)0000cr ¡If ~~P/~S e¡; ~~~'CI1~~~Jð..w-~~E.~ Fee. SEe/CiS í'H(C\.líhðIL-L t-ItI "7lb L .~ 12. How long his organization been in existence?: 13. Number of members in organization: I qq ~ mo" n+ S (~) 14. What are your event's goals and objectives? . i GtJt.¡:;. I txJ.. r )lit 1I.t ., lit ~ 6et1tDe~ C?~ oil- Ama...kw~b 15. Who is your target audience? 16. Is this a first time event? Yes event b~en held? ~.3":1IY1~ 11 iH ~ How many years has your organization held this event? 2 L{ ¿ S . X No, if no how many years has 17. What is the anticipated attendance at your event? (You must give an ) estimate or your application will not be reviewed) lðO ùPr- LLJEEIL (f(;f.. 2.1 £.I..J KS. I 18. What percentage of attendees will come from out of town? (you must give : an estimate or your application w.iII not be reviewed) q-z ~/c . 19. Approximate number of room nights anticipated for your event? (you must ¡ give an estimate or your ap IIcatiori will not be reviewed) J¥oð n 1C, fttrs ~'t""P. <¡, f· E lðð I e.f'~ '" "f AI Uç· : I 20. Ust hotels, motels or RV Park. that your organization plans on utilizina for J this event: ~Lf1S~." \ c;.1...U.tz..... - '5PR-I/"6 WHo"- ~~> ' , d~~ ¡ 10 230t VqIrIII A_. Ft. PIetu, R. M112 . (111) 412·1111. FAX: 1M" 4IZ.aua . 1"',,*-T_ ...... ....,¡ 22. "II"") 23. Wh.t percentage of above attendance figures came from out of town? (If appIiclbte) C171ð 24. List hotel. and other paid accommodations that can verify number of room nights that were generated from last year's event: (If applicable) ~<?e *' ~O OR . have these properties submit, in writing, these numbers and attach to application. 25. WiIlQ!he.r organizations participate in your event as co.sponsors? If so, please list: )b I 26. Give a brief narrative of overall concept of event using an additional sheet of paper. Ptease limit your response to 300 words or less. See. ~t+C:-o' I 27. If application is approved, what dollar amount of grant Is being requested? : ~ eO (Maximum of $2,000) 2 ~ 28. What will grant dollars be used for during the event? -----6.cL F C. 0 tJ (" se ~ ; -\- ~ ç e. e.. 11 1.300 VIItiNI A~ Fe. ~.. I'L 34112 . (01) C.1CI . fAX; "'1) 4IZ-I1U . 1 .. Mt n¡ f PLBUB lIO'lB: 'there lUlua1l1 is a $6,000 fee per course cbaraed. I I I I I . 1'" i i f ¡ i ~ ~ "'111 ·ll...........pk..... pl... .............. II _II' 1M 'nlow. I j I h8vw re\1eMd .... ~ grant appIÎcdon to 1M St. lucie County Tourist ~.. CaunciL I understand .... gqnt turd. ....AJ..... .IIIM the,.n. I auert IMt the Inf~tlon contained In .....1ppIe...on Md My IttactuMnts .. KCutate II1d compete. I .....ize !Nt ..... """..ntatlons will be relied upon by the TOe and the Grant Revfew ConmttH. Please check: ,ð-AC- I have Inclosed one (1~ ortgiNlllnd four (4) copl.. for the TOe. AAC I understand that any grant funding I rec.lv. requlr.. my organization to include the phras., "Event sponsored In part by the SL Lucie Tourist o.welopment Council" on flyers and/or .pon.or board. av~ Signed AI Cha.nd)er Typed Name 3/ ;Z ~ I ,2 fCÇJ J Date Submission Ceadline: All completed, typed applications must be received 90 days prior to the event to the: I St. Lucie Couflty Tourtlm Office Attn: Grants Department 2300 Virginia Avenue I Fort Pierce, FL 34982 561/482-1535 (2nd Floor of Civic Center Lobby) 12 H:\Wp~S\ItIedIIIY.wpcI :W1 ~ 'wi' AL CHANDLER, DIRECTOR RETIRED.com SENlOR GOLF TOUR This application comes to the St. Lucie Count} Tourist Development Council from the Retired.com Senior Golf Tour (parent company: American Senior Golf Tour, Inc" a Florida Corporation). Retired.com Senior Golf Tour (hereafter Retired.com Tour) is two and one half years old (formerly titled the Tony Jacklin American Senior 2000 Tour). The Tour operates exclusively in Martin and St. Lucie Counties with the majority of it's events held in St. Lucie County. Retired.com Tour is a series of nineteen Senior Professional golf tournaments contested over a five month period from May 30th through October 26th. The events draw a field of one-hundred players per week from a membership that totaled 199 professionals in 2000, Of those participants, fully ninety-seven percent of the individuals come from outside St. Lucie County, with approximately fifty percent of that nwnber coming from outside of Florida, All the contestants on the Tour are subject to spending at least three nights per week in hotels and motels scattered throughout the County. Those from out of state naturally stay seven nights each week in St. Lucie County accommodations and do so for most of the five month schedule. Generally, our contestants use Main Stay Suites, Spring Hills Suites and the accommodations at Hwy #70 and #95 in Ft. Pierce Retired.com Tour is the nation's secoJld leading Tour for Senior Professionals outside of the PGA Senior Tour. Headquarters and all activities of the Tour are located in Martin/St. Lucie Counties and the Tour is PERMANENTLY located here. Retired.com Tour will have tremendous impact on the t<,>urist industry of St. Lucie County and most of that impact is scheduled during the "off season".. .,' here in our area. The Tour was successful in 2000 and will be more successful this year and in years to come. The Tour's Treasure Coast location is planned as the permanent home of the Tour for years to come. ~1 SCHEDULE ., DA'Œ 'IOt}ItN..UŒNT srn: HOLES !\1aSE May 3O-Juoe 1 Tam CåampioNhip PCA OC eN) - S4 S 31.000 Juae 68 C. ~}'IC CC S4 Sso.ooo Junr 1.3-15 l.rp.cy Colf &. T rnnis S4 S 50.000 June 20-22 I Champioal Cub I S4 550,000 JW'l.e 21-29 OPEN , Jul, 4-ó i OPEN July H·13 I l.epcy Coif &. Tennis 54 $50,000 July 18-20 POA OC (North) 54 SSO,OOO Juiy 25-27 PGA CC <South} S.. $50,000 July 3Q.31 L.c::.t UJœ Calf C:ub MQQ- T ues " 3ó $32,000 Au¡usc 2·3 L.oec Uk.e Ootf Club Th~Fri· 36 $32.000 ^UIUIt 8-10 I Ballanme G &. YC 5-4 550,000 Autuat 15-17 Open ^~ ll-24 PúA GC <Dfe) !i 54' S50,000 ^u¡ust 27-28 PeA GC (CC) Mon-Turs": 36 $32.000 AIJIUIt )0.3 : , PGA GC (South) , 36 $32,000 Thur,..Frì I S~mber 5-7- " CPEN Sepœmber 12-1" lay{. Pro-Am, Canr-.es. Fiance Septn\beT 19-21 Ballantne G &. YC I Si $50,(0) September 26-28 PGA GC (North) 5" $50,000 October 1·3 Cobbles[onr CC Mon-W~^ 5-+ I $50,000 October }G-12 The RQrid.. Club 5.... I $50.000 October 15-16 Cobb1acone CC Mon-Tues'" 36 , $32,000 , Oc:tDber 2-4-26 TBA I ! Tour CbampioNh.lp I , 54 $50,000 I .. w.."-I_ ___ ol-Aiøt wIIà..... SIMa !I.áw 0,- I ..,. -.Ia TiA104 at.UG'I~ J-. ."'- J , """"" T~ "- .. S3+,OOO ..a _ .,.,....000 r.. :n.__ ¡e... fwroul. ~1IWy"'.............. 1501( ; ¡-o..., " - .. ....... ......... ... '" --sa 'lllld.1CI'C .... '-' -...; AGENDA REOUEST ITEM NO: C- / .5 DATE: September 11. 2001 Regular [] Public Hearing [ ] Consent [ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: r~- Beth Ryder, Director's. SUBMITTED BY (DEPT): Community Services SUBJECT: Request approval to purchase a laptop computer to be utilized by the department director and for remote use for the department as necessary. Request approval ofEQ01-304and BAOI-187 in the amount of $3134.00 BACKGROUND: The laptop will enable the department director to work while out of the office, and be available for outside presentations, working groups, and meetings. The total cost of the laptop as recommended by Information Technology is $3134.00 including software. FUNDS AVAIL: 001-6420-564000-6902(Machinery & Equipment) PREVIOUS ACTION: N/A RECOMMENDATION: Approval to purchase a laptop computer to be utilized by the department director and for remote use for the department as necessary. Request approval of EQ01-3()l¡ and BA01-187 in the amount of$3134.00. [ ] APPROVED [] DENIED [~OTHER: Pulled prior to meeting. COMMISSION ACTION: Doug as M. Anderson County Administrator Originating Department: X CoordinationlSi Iffiatures Management & BUdget~ Other: -",;,"-f:¿ Other: County Attorney: X ¡ro" Finance: Check for copy only, ifapplicable: , '-' ....." BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Community Services PREPARED DATE: 09/05/01 AGENDA DATE: 09/11/01 ACCOUNT NUMBER ACCOUNT NAME AMOUNT TO: 001-6420-564000-6902 Machinerv and Eouioment $3,134 . FROM: 001-6420-534000-6902 Other Contractual Services $3,134 REASON FOR BUDGET AMENDMENT: To cover the ourchasino exoenses of one laotoo com outer (EQ01-304) CONTINGENCY BALANCE: n/a THIS AMENDMENT: n/a REMAINING BALANCE: n/a a - ~h/ --- DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: Õ)-lfl7 01-187 DOCUMENT # & INPUT BY: G:\BUDGET\QUA TTRO\GENERAL\FORMSIAMENDM01.wb3 I W 0:: LU..... ZO o~ Wo ~O 0:::0..... """NO ::æ:o::;: 0«..... OLUãi >)-0 .......1 Z « ,. ::>OLU OW~ OU.C u.o::... OOW CU.LU 0::...::> «wO o LULU aJ::>O:: >0« ....LUC Zo::Z ::>...LU OZG OLU« LU::æ: _a. 0- ::>::> ...Iß ¡....: W CI) ~ o w o z w ~ ~ o u w a::: CI) UJ () s ffi CI) >- I- ~ ;:) ~ ~ o () .:: z w ~ z ~ 0 « ¡¡; fu :; 1"'1 ¡:; fa CI) S UJ 0:: o :<: CI) ~ o w > o a::: a. a. « 0:: ~ :::¡ ~ o () Q ~ Q q; ....J .:: z w ~ ~ ::¡ o w ~ CI> :<: " , .:: z w ~ w u « ..J a. W a::: ~ w z z « I- W a::: - "I,.. .",.¡ . ..; c:: <1J E t ro a. <1J "0 <1J .c ..... >- .c <1J U) ::J <1J Õ E <1J .... .... .8 <1J :õ .!1! ëã > ro <1J .c "0 c:: ro <1J u ¡¡:: o <1J .c ..... - o ::; o Æ :ë ::: ::£ .... o ::: .8 .... o 13 <1J ..... 'õ ..... c:: <1J E t ro a. <1J -0 CD .c ..... CD :õ ro c:: <1J N o Ø) \Ø . o o o '<t \Ø It') , o N '<t \Ø , ..... o ? ó:: W a3 ~ ::¡ Z I- Z ::¡ o u u « .~ " .... <1J ::; a. E o u a. o ã. .!1! « "t C Ç') I ,... C o UJ :Ø; o w a::: I- Z W ~ a. S o w "t Ç') ,... (YJ' E,<¡. .::' z, ::¡ z 0; 0 ~.. !:: «" ..... I- U W ¡¡ C) ~ o CI) ::¡ ::¡ a3 '"') ¡. , '-'" '-' AGENDA REOUEST ITEM NO: C- / .5 DATE: September 11. 2001 Regular [J Public Hearing [ Consent [ X ] TO: BOARD OF COUNTY COMMISSIONERS /- PRESENTED BY: Beth Ryder, Director'S- SUBMITTED BY (DEPT): Community Services SUBJECT: Request approval to purchase a laptop computer to be utilized by the department director and for remote use for the department as necessary. Request approval ofEQOl-ô04and BAOl-187 in the amount of$3134.00 BACKGROUND: The laptop will enable the department director to work while out of the office, and be available for outside presentations, working groups, and meetings. The total cost ofthe laptop as recommended by Information Technology is $3134.00 including software. FUNDS AVAIL: 001-6420-564000-6902(Machinery & Equipment) PREVIOUS ACTION: N/A RECOMMENDATION: Approval to purchase a laptop computer to be utilized by the department director and for remote use for the department as necessary. Request approval of EQ01-304 and BAOI-187 in the amount of$3134.00. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [J DENIED [ ] OTHER: Douglas M. Anderson County Administrator Originating Department: X Coordination/Si21latures Management & BUdget~ Other: --, f:e- Other: County Attorney: X /(" Finance: Check for copy only, if applicable: ." r '-' ~ BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Community Services PREPARED DATE: 09/05/01 AGENDA DATE: 09/11/01 ACCOUNT NUMBER ACCOUNT NAME AMOUNT TO: 001-6420-564000-6902 Machinerv and EauiDment $3,134 < FROM: 001-6420-534000-6902 Other Contractual Services $3,134 REASON FOR BUDGET AMENDMENT: To cover the Durchasina eXDenses of one laDtoD comDuter IEQ01-304) CONTINGENCY BALANCE: nla THIS AMENDMENT: nla REMAINING BALANCE: nla ~_-r.;- ~.bJ ~ DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: Õ)-Jt:l7 01·187 DOCUMENT # & INPUT BY: G:\BUDGET\QUA TTRO\GEN ERAL \FORMS\AMENDMO 1. wb3 y' .' t/) D:: Wor- zc O~ ü)o t/)c :1:~o :1:D::~ o «or- uwò) i=:~c z«" ::JUw Ot/)I- U-« LLC LLD::I- OOt/) CLLW D::I-::J «t/)O OWW m::JD:: >0« I-WC ZD::Z ::JI-UJ OZC> UW« W:1: _C- U- ::J::J ...10 W ~ t/) CI) ~ c w c Z w :::l!: :::l!: o (.) w n:: [ß ü S; ffi CI) >- ¡.... ~ ~ ~ o ü ¡:..: Z w :::l!: l- n:: < c.. W 1"'\ Q UJ CI) s; UJ a:: o ~ CI) ~ c w > o n:: c.. c.. < ¡:..: ZI W :::l!: W (.)1 :5 c.. w n:: ~ w Z Z < I- W n:: - a:: ~ ~ Q ~ o Ü Q 2 Q ::ï Z o ¡;,¡ :> ¡:¡ ¡:..: Z w :::l!: c.. :5 a w - ..... · · · ë Q) E t ro c.. Q) 'C Q) ~ ..., >- .c Q) I/) :J Q) Õ E ~ L- .8 Q) :ë .!!1 ëii > ro Q) .c 'C c ro Q) u ¡¡: o Q) -£ - o N o 0) U) , o o o "'" U) LO , o N "'" U) , ... o ? ó:: w IJ] :::l!: ::J Z I- Z ::J o (.) (.) < , 1 i · , ;: Q)' ~ , ..., :J o .Q1 :c ~ ~ L- o ~ o ..., L- B u Q) ... 'ë - c Q) E t ro c.. Q) 'C Q) -£ CD :ë ro c Q) .~ L- Q) 'S c.. E o u c.. o 15. .!!1 '<t o C") , ~ o o UJ ~ o w n:: I- Z w :::l!: c.. :5 a w , '<t C"), ~ C")- ~ , ¡:..:. Z ::J Z o 0 ~ ", ~ I- (.) UJ ¡¡: C) ¡::: C If) ::J ::J m < ..... ...." ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT BOARD OF COMMISSIONERS '-' John D. Bruhn District 1 Doug Coward District 2 Paula A. Lewis District 3 Frannie Hutchinson Cliff Barnes District 4 District 5 AGENDA September 11, 2001 1. MINUTES Approve the minutes of the meeting held August 28, 2001. 2. GENERAL PUBLIC éOMMENT CONSENT AGENDA 1. WARRANTS LISTS Approve Warrants List No. 49 and No. 49. 2. MOSQUITO CONTROL A Metal Culverts, Inc. / Second Amendment to October 1, 1999 Agreement - Consider staff recommendation to approve the Second Amendment and authorize the Chairman to execute the amendment. B. Adapco, Inc. / First Amendment to September 12, 2000 Agreement - Consider staff recommendation to approve the First Amendment and authorize the Chairman to execute the amendment. C. Clarke Mosquito Control Products, Inc. / First Amendment to September 11, 2000 Agreement - Consider staff recommendation to approve the First Amendment and authorize the Chairman to execute the amendment. NOTICE: All proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record ofthe proceedings and for such pnrpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. '-"ST. LUCIE COUNTY "wi MOSQUITO CONTROL DISTRICT BOARD OF COMMISSIONERS John D. Bruhn District 1 Doug Coward District 2 Paula A. Lewis District 3 Frannie Hutchinson Cliff Barnes District 4 District 5 AGENDA September 11, 2001 1. MINUTES Approve the minutes of the meeting held August 28, 2001. 2. GENERAL PUBLIC COMMENT CONSENT AGENDA 1. WARRANTS LISTS Approve Warrants List No. 49 and No. 49. 2. MOSOUITO CONTROL A Metal Culverts, Inc. / Second Amendment to October 1, 1999 Agreement - Consider staff recommendation to approve the Second Amendment and authorize the Chairman to execute the amendment. B. Adapco, Inc. / First Amendment to September 12, 2000 Agreement - Consider staff recommendation to approve the First Amendment and authorize the Chairman to execute the amendment. C. Clarke Mosquito Control Products, Inc. / First Amendment to September 11, 2000 Agreement - Consider staff recommendation to approve the First Amendment and authorize the Chairman to execute the amendment. NOTICE: All proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request ofany party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. ~ ....." 08/31/01 ST. LUCIE COUNTY - BOARD DATA F7,ABWARR WARRANT LIST #48- 25-AUG-2001 TO 31-AUG-2001 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES 145 Mosquito Fund 13,348.10 GRAND TOTAL: 13,348.10 PAGE 1 PAYROLL 28,076.33 28,076.33 .... ""'" 09/07/01 ST. LUCIE COUNTY - BOARD DATA FZABWARR WARRANT LIST #49- 01-SEP-2001 TO 07-SEP-2001 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES 145 Mosquito Fund 6,570.01 GRAND TOTAL: 6,570.01 PAGE 1 PAYROLL 0.00 0.00 ¥ -...I ~ AGENDA REQUEST ITEM NO. Ç=-ßA DATE: September 11,2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT[X] TO: MOSQUITO CONTROL DISTRICT BOARD PRESENTED BY: SUBMITTED BY(DEPT): Mosquito Control James R. David SUBJECT: Metal Culverts Inc. - Second Amendment to October 1, 1999 Agreement BACKGROUND: Attached is a copy of a proposed Second Amendment to the October 1, 1999 Agreement between the Mosquito Control District and Metal Culverts Inc., for the purchase of corrugated aluminum pipe materials, which was based on the award of bid 99-077. The amendment will extend the agreement through September 30,2002. FUNDS AVAIL.: Will be made available 145-6230-546300-600 Grounds Maintenance and Miscellaneous Grants PREVIOUS ACTION: Awarded Bid September 28, 1999; First Amendment September 4, 2000 RECOMMENDATION: Staff recommends that the Board approve the proposed Second Amendment to the October 1, 1999 Agreement with Metal Culverts, Inc., and authorize the chairman to execute the Amendment. COMMISSION ACTION: CdNCE: Douglas Anderson County Administrator Review and Approvals ~] APPROVED [] DENIED [ ] OTHER: ~ty Attorney: l.ðh9ínating Dept. Management & Budget ~ChaSlng : Other: Other: Finance: (Check fo opy only, if applicableL Eft. 5/96 " 'wi ...., t MEMORANDUM TO: BOARD OF COUNTY COMMISSIONERS FROM: JAMES R. DAVID, MOSQUITO CONTROL DIRECTOR DATE: SEPTEMBER 5, 2001 SUBJECT: METAL CULVERTS INC. - SECOND AMENDMENT TO OCTOBER 1, 1999 AGREEMENT BACKGROUND: Attached is a copy of a proposed Second Amendment to the October 1, 1999 Agreement between the Mosquito Control District and Metal Culverts Inc., for the purchase of corrugated aluminum pipe materials, which was based on the award of bid 99- 077. The amendment will extend the agreement through September 30, 2002. The corrugated aluminum pipe is used in the restoration of tidal exchange between the impounded wetlands and the Indian River Lagoon estuary. RECOMMENDATION: Staff recommends that the Board approve the proposed Second Amendment to the October 1,1999 Agreement with Metal Culverts, Inc., and authorize the chairman to execute the Amendment. '-" .....,¡ , SECOND AMENDMENT TO OCTOBER 1, 1999 AGREEMENT BETWEEN ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT AND METAL CULVERTS, INC. TillS SECOND~NDMENT is dated this _ day of by and between ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT, a dependenttaxing district of the State of Florida, (the "District"), and METAL CULVERTS, INC., a Florida corporation, or its successors, executors, administrators, and assigns (the "Vendor"), WHEREAS, on October I, 1999, the parties entered into an agreement which provided for the Vendor to provide culvert materials to the District, hereinafter referred to as the "Agreement"; and, WHEREAS, the Agreement provided for an initial tenn through and including September 30,2000, subject three additional one year tenns upon prior agreement of the parties WHEREAS, on September 12, 2000, the parties entered into a First Amendment to the Agreement to extend the tenn through and including September 30, 2001; and, WHEREAS, the parties desire to extend the tenn of the Agreement for an additional year. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Agreement as follows: 1. Paragraph 7. TERM of the Agreement shall be amended to read as follows: 7. TERM The tenn of this Agreement shall be through and including September 30, 2002. Thereafter, the parties may extend the tenn for one additional year on the same tenns and conditions by prior written agreement of the parties. 2. Except as amended herein, the remaining tenns and conditions of the March 23, 1999 Agreement, as amended, shall remain in full force and effect. -1- . "'" ""'" -. . IN WITNESS WHEREOF, the District has hereunto subscribed and the Vendor has affixed his, its, or their names, or name, and seal the date aforesaid. ATTEST: ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: METAL CULVERTS, INC. BY: AUTHORIZED REPRESENTATIVE NAME: TITLE: g:\atty\agreemnt\2a-metal.culvert. wpd -2- '-" "-' ...." AGENDA REQUEST ITEM NO. C-;;Lß DATE: September 11,2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT[X] TO: MOSQUITO CONTROL DISTRICT BOARD PRESENTED BY: SUBMITTED BY(DEPT): MOSQuito Control James R. David SUBJECT: Adapco, Inc. - First Amendment to September 12, 2000 Agreement BACKGROUND: Attached is a copy of a proposed First Amendment to the September 12, 2000 Agreement between the Mosquito Control District and Adapco, Inc., for the purchase of mosquito control chemicals, ref. Contract no. COO-09-552. The amendment will extend the agreement through September 12,2002 FUNDS AVAil.: Will be made available in 145-6230-552300-600 Chemicals (local) and 146-6231- 552300-600 Chemicals (State) PREVIOUS ACTION: Piggy-back bid contract executed September 12, 2000 RECOMMENDATION: Staff recommends that the Board approve the proposed First Amendment to the September 12, 2000 Agreement with Adapco, Inc., and authorize the chairman to execute the Amendment. COMMISSION ACTION: ~nty Attorney: t"RfiQinating Dep!. ouglas Anderson County Administrator Review and Approvals E: [x] APPROV~D [] DENIED [ ] OTHER: Finance: (Check for Management & Budget ~haSing : Other: Other: Eft. 5/96 w ..." .; , MEMORANDUM TO: BOARD OF COUNTY COMMISSIONERS FROM: JAMES R DAVID, MOSQUITO CONTROL DIRECTOR DATE: SEPTEMBER 5, 2001 SUBJECT: Adapco, Inc. - First Amendment to September 12, 2000 Agreement BACKGROUND: Attached is a copy of a proposed First Amendment to the September 12, 2000 Agreement between the Mosquito Control District and Adapco, Inc., for the purchase of mosquito control chemicals, ref. Contract no. COO-09-552. The amendment will extend the agreement through September 12, 2002. RECOMMENDATION: Staff recommends that the Board approve the proposed First Amendment to the September 12. 2000 Agreement with Adapco, Inc., and authorize the chairman to execute the Amendment W' ....,., including September 11, 2002, the Vendor agrees with County that pursuant to the terms and conditions of this Agreement and the July 20, 200 1 letter from the Vendor, attached hereto and made a part hereof as :ç:xhibit "B", the Vendor shall sell and the District shall buy certain herein described chemicals at the unit prices and generally in the quantities as set forth and described in Exhibits "B". Quantities stated in Exhibits "A" and "B" are for Vendor's guidance only and no guarantee is given or implied by the District as to what quantities will be ordered by the District during the term of this Agreement. The District expressly reserves the right to increase or decrease the quantities set forth in Exhibits "A" and "B" to meet additional or reduced requirements of the District. 2. Paragraph 6. TERM of the Agreement shall be amended to read as follows: 6. TERM The term of this Agreement shall begin on September I2, 2000 and continue through and including September II, 2002. The term may be extended for an additional one year period, subject to a five percent (5%) to seven percent (7%) price increase and the prior written agreement of the parties. 3. Except as amended herein, the remaining terms and conditions of the September I2, 2000 Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the District has hereunto subscribed and the Vendor has affixed his, its, or their names, or name, and seal the date aforesaid. ATTEST: ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY -2- '-" "'-" ~ AGENDA REQUEST ITEM NO. C~ DATE: September 11, 2001 TO: MOSQUITO CONTROL DISTRICT BOARD REGULAR [ ] PUBLIC HEARING [ ] CONSENT[X] PRESENTED BY: SUBMITTED BY(DEPT): Mosquito Control James R. David SUBJECT: Clarke Mosquito Control Products, Inc. - First Amendment to September 11,2000 Agreement BACKGROUND: Attached is a copy of a proposed First Amendment to the September 11, 2000 Agreement between the Mosquito Control District and Clarke Mosquito Control Products, Inc., for the purchase of mosquito control chemicals, ref. Contract no. COO-09-556. The amendment will extend the agreement through September 11, 2002. FUNDS AVAil.: Will be made available in 145-6230-552300-600 Chemicals (local) and 146-6231- 552300-600 Chemicals (State) PREVIOUS ACTION: Piggy-back bid contract executed September 11,2000 RECOMMENDATION: Staff recommends that the Board approve the proposed First Amendment to the September 11 ,2000 Agreement with Clarke Mosquito Control Products, Inc., and authorize the chairman to execute the Amendment. ~nty Attorney: ~inating Dept. oug as Anderson County Administrator Review and Approvals COMMISSION ACTION: [x] APPROVED [] DENIED [ ] OTHER: Management & Budget ~haSing : Other: Other: Finance: (Check for Elf 5196 ~ '-' ""-' ) MEMORANDUM TO: BOARD OF COUNTY COMMISSIONERS FROM: JAMES R. DAVID, MOSQUITO CONTROL DIRECTOR DATE: SEPTEMBER 5, 2001 SUBJECT: Clarke Mosquito Control Products, Inc - First Amendment to September 11, 2000 Agreement BACKGROUND: Attached is a copy of a proposed First Amendment to the September 11, 2000 Agreement between the Mosquito Control District and Clarke Mosquito Control Products, Inc., for the purchase of mosquito control chemicals, ref. Contract no. COO-09- 556. The amendment will extend the agreement through September 11, 2002. RECOMMENDATION: Staff recommends that the Board approve the proposed First Amendmenttothe September 11, 2000 Agreement with Clarke Mosquito Control Products. Inc., and authorize the chairman to execute the Amendment. .. . \ :¡ ,r '-' .., FJRST AMENDMENT TO SEPTEMBER 12, 2000 AGREEMENT BETWEEN ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT AND CLARKE MOSQUITO CONTROL PRODUCTS, INC. THIS FIRST AMENDMENT is dated this _ day of , by and between ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT, a dependent taxing district of the State of Florida, (the "District"), and CLARKE MOSQUITO CONTROL PRODUCTS, INC., a Florida corporation, or its successors, executors, administrators, and assigns (the "Vendor"), WHEREAS, on September 12, 2000, the parties entered into an agreement which provided for the Vendor to provide mosquito control chemicals to the District, hereinafter referred to as the "Agreement"; and, WHEREAS, the Agreement provided for an initial one year, subject to two additional one year terms upon prior agreement of the parties WHEREAS, the parties desire to extend the term of the Agreement for an additional year. ./ NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Agreement as follows: 1. Paragraph 7. TERM of the Agreement shall be amended to read as follows: 7. TERM The term of this Agreement shall be through and including September 30, 2002. The parties may extend the term for an additional period of one year, subj ect to the prior written agreement of the parties. 2. Except as amended herein, the remaining terms and conditions of the September 12, 2000 Agreement shall remain in full force and effect. -1- · .., \J \ IN WITNESS WHEREOF, the District has hereunto subscribed and the Vendor has affIxed his, its, or their names, or name, and seal the date aforesaid. ATTEST: ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT BY: CHAIRMAN DEPUTY CLERK APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: A C~"'W1\Ý CLARKE MOSQUITO CONTROL PRODUC , C. NAME: ~ ~- ÚAR.~ TITLE: ~ ~\ M.G.e... g:latty\agreemnt\l a.clarke. wpd -2- .. . r I ; I ( , !. - . . r· r' ..., \J EXHIBIT "A" Product Minimum Order Unit Price Biomist 30:30 30 gallons ~ / gal (30 gal drum) $115.00 ¡gal BTI Liquid 50 gallons $17.75 / gal (2x2 V2 gal or 5 gal) BTI Granule 200 pounds $52.00 / bag (40 lb bag) _ Abåte Pellets 5 cases $341.00/ case (2 22 lb jugs/ case) Vectolex CG Bacillus 200lbs $3.65 / lb Sphaericus (40 lb bag) ./ - 9 - ... ".