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Home My WebLink AboutAgenda Packet 03-12-02 \.- ~ .. March 12,2002 9:00 A1vI 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 ,\ill discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS- These items are usually heard on the first and third Tuesdays at 7:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item ì\ill not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come fOIl\'ard, one at a time. Comments will be limited to fh'e minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the Board. ADDRESSING THE COMMISSION- Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies ready for distribution. NON-AGENDA ITEMS- These items are presented by an indi\idual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT- Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM- Please be respectful of others opinion. 'MEETINGS- All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 7:00 P.M, and on the second and fourth Tuesdays at 9:00 A.M., unless othen\ise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia A.se., 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 \\ith a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Senices Manager at (561) 462-17ï7 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. '-' ,.." www.stlucieco.gov John D. Bruhn Doug Coward Paula A. Lewis Frannie Hutchinson Cliff Barnes District 1 District 2 District 3 District 4 District 5 ßOARD OF COUNTY COMMISSIONERS AGENDA March 12, 2002 9:00 AM. lNVOCA TION PLEDGE OF ALLEGIANCE ,1. MINUTES Approve the minutes of the meeting held March 5, 2002. ftpprÛi!~ Approve the minutes of the Manatee Protection Plan Public Hearing~v:-& 2. PROCLÄJvIATIONS' / PRESENTATIONS A Presentation / The Board will present a "Certificate of Appreciation" to Mr. Ed Croke for his 12 years of service on the Tourist Development Council. B. Presentation / Baling Facility - Alex Makled, Larry Adams, and Eric Grotke of CDM will make a presentation to the Board on the Baling Facility. 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA -A-pprÜ\J~- 1~J..~~~i;u I1IflÑ I ........1. PUBLIC HEARINGS SA Resolution No. 02-t)33 / Revised Master Plan for the Port of Ft. Pierce - Consider staff recommendation to approve the draft resolution and further recommends that the Board direct staff to initiate the Plan Amendment process to the County's Comprehensive Plan to provide for the incorporation of this document into the Local Comprehensive Plan and that a copy of this Master Plan be sent to the City of Ft. Pierce. !tpprz,v-d CIS a/i1flrdLecf (..3 ~O ) End of Public Hearinds-- - NOTICE: All Proceedings before this Board are electronically recorded. An)" person who decides to appeal any action taken by the Boara at these meetings will need a record ofthe proceedm¡as and for such purpose may neea to ensure that a verbatim record of the proceedings is made. Upon tl1e reques of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any indivIdual testifying during a heariñg u~n request. Anvone 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 fo the meeting. ~ '-' REGULAR AGENDA !\lARCH 12, 2002 PAGE TWO 6. ADMINISTRATION A Request for Qualifications and Proposals (RFQ/P) - Consider staff recommendation. to grant permission 1,0 advertise for the development of the Port of Fort PIerce. App ro 'Ii £Cx-C 5 -0 ') B. Bi-weekly Committee Reports - The Board will give updates on the various committees and advisory boards that they serve on. C. The City of Fort Pierce's Proposed Annexation of the St. Lucie County International Airport - Consider staff recommendation that the County send a response letter to the City of Fort Pierce's March 6, 2002 letter commenting on the proposed Joint Planning Agreement between the City of Fort Pierce and St. Lucie County, prepared by the County. . f'\p¡xov{'ct (4-1) ¿"-'flUJ! \., CONSENT AGENDA March 12. 2002 ..../ 1. \V ARRA\'TS LIST Approve \\'arrants list No. 23 2. PURC HAS 1.:-1 G A. Bid No. 02-001 1 River Branch Estates MSBU Water Main Extension - Consider staff recommendation to award the bid to the low bidder, Barton l'nderground Construction, Inc., in the amount of $92,981.60, and authorize the Chairman to sign the contract as prepared by the County Attorney. B. Re-use of Bid No. 00-0051 Equipment Request No. 02-199 - Consider staff recommendation to approve the re-use of bid and equipment request for the purchase of a 6X6 Roll Off Truck Hoist in the amount of $105,948.25. C. Bid No. 02-35 / Purchase of Pre-Cast Concrete Structures - Consider staff recommendation to award the bid to the sole bidder, Old Castle Pre-Cast East, Inc., and authorize the Chairman to sign the contract as prepared by the County Attorney. D. Bid \\aiverlSole Source Purchase 1 Equipment Request No. 02-200 - Consider staff recommendation to approve the request for a bid waiver and sole source contract with Sierra International Machinery, Inc., and approve the equipment request for the purchase and installation of a MacPresse Conwyor, and authorize the Chairman to sign the contract as prepared by the County Attorney. E. Bid :\0.02-37 1 Purchase and Installation of Video Production Equipment- Consider staff recommendation to award the bid to MCSI, Inc., in the amount of $95,653, approve an additional $4,018 over the previously approved equipment requests, and authorize the Chairman to sign the contract as prepared by the County Attorney. 3. PUBLIC \\'ORKS A. Solid Waste 1 Glades Road Landfill Stormwater and Landfill Gas Systems Permit Modification - Consider staff recommendation to approve the February 19, 2002 proposal from Camp Dresser & McKee, Inc. (CUM), in the total amount of $149,000. B. Code Enforcement 1 Equipment Request No. 02-202 - Consider staff recommendation to approve the equipment request for the purchase of a projector from CDW-G in the amount of $3,277.14. C. Grey Twig Lane MSBU 1 Interlocal Agreement wi.th the City of Port St. Lucie to PrO\ide Potable Water - Consider staff recommendation to approve the interlocal agreement, and authorize the Chairman to sign the agreement. D. Sunland Gardens MSBU / Potable Water Improvements (FPUA) - Consider staff recommendation to accept the petition and grant permission to advertise for the initial public hearing on April 19, 2002. ., "-" ..,.; March 12, 2002 9:00 AM BOARD OF COUNTY CO:rvIJ\1ISSIONERS MEETING AGENDA WELCOME GENERAL RULES AND PROCEDURES Attached is the agenda which will determine the order of business conducted at today's Board meeting: COKSL'\l AGENDA- These items are considered routine and are enacted by one motion. There ì~ill be no separate discussion of these items unless a Commissioner so requests. REGUL.l.R AGENDA ITEMS- Proclamations, Presentations, Public Hearings, and Department requests are items which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HE:\RINGS- These items are usually heard on the first and third Tuesdays at 7:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item ì\ill not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone ì\ishing to speak to come forward, one at a time. Comments will be limited to five minutes, As a general nùe, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the Board. ADDRESSING THE COMMISSION- Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies ready for distribution. NO:\-,~GENDA ITEMS- These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COM:t-IENT- Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORDI- Please be respectful of others opinion. MEETI:\GS- ."Ill Board meetings are open to the public and are held on the first and third Tuesdays of each month at 7:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless othemise adwrtised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is pro\ided of these workshops. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. ~ ....,., \ \ \\'ì\'.stlucieco.gov John D. Bruhn Doug Coward Paula A. Lewis Frannie Hutchinson Cliff Barnes District 1 District 2 District 3 District 4 District 5 ßOARD OF COUNTY COMMISSIONERS AGENDA :'Iarch 12,2002 9:00 A.M. I\YOCA TION PLEDGE OF ALLEGL..\NCE ,1. MINUTES Approve the minutes of the meeting held March 5, 2002. Approve the minutes of the :'Ianatee Protection Plan Public Hearing. J PROCLN.LA. TrONS / PRESE\"TA. TIONS A. Presentation 1 The Board will present a "Certificate of Appreciation" to Ì\Ir. Ed Croke for his 12 years of ser\ice on the Tourist Development Council. B. Presentation 1 Baling Facility - Ale.x Makled, Larry Adams, and Eric Grotke of CD?\I will make a presentation to the Board on the Baling Facility. 3. GENERAL PUBLIC COMMENT -1. CONSENT AGENDA t~~+-- nNl PUBLIC HEARINGS 5A, Resolution N'o. 02-e33 / Re\ised Master Plan for the Port of Ft. Pierce - Consider staff recommendation to approve the draft resolution and further recommends that the Board direct staff to initiate the Plan Amendment process to the County's Comprehensive Plan to pro\ide for the incorporation of this document into the Local Comprehensive Plan and that a copy of this Master Plan be sent to the City of Ft. Pierce. End of Public Hearings NOTICE: All Proceedings before this Board are electronically recorded. An)' person who decides to appeal any action taken by the Boara at these meetings will need a record of the proceedmgs and for such purpose may neea to ensure that a verbatim record of the proceedings is made. Upon the requesf of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any pat1)' to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing u~n 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) 462-1418 at least forty-eight(48) hours prior fo the meeting. '-" ~ REGULAR AGENDA þ.,1ARCH 12, 2002 PAGE TWO 6. ADMINISTRATION ~;I v A Request for Qualifications and Proposals (RFQjP) - Consider staff recommendation to grant permission to advertise for the development of the Port of Fort Pierce. B. Bi-weekly Committee Reports - The Board will give updates on the various committees and advisory boards that they serve on. c. The City of Fort Pierce's Proposed Annexation of the St. Lucie County International Airport - Consider staff recommendation that the County send a response letter to the City of Fort Pierce's March 6, 2002 letter commenting on the proposed Joint Planning Agreement between the City of Fort Pierce and St. Lucie County, prepared by the County. ~ Aû¡/) ~.~ ¡v n- ~D(V .,AJ V~/" '-' CONSENT AGENDA March 12. 2002 ..., 1. "IN ARRANTS LIST Approve warrants list No. 23 2. PURCHASING A. Bid No. 02-001 1 River Branch Estates i\rSBU Water Main E.,-xtension - Consider staff recommendation to award the bid to the low bidder, Barton Underground Construction, Inc., in the amount of $92,981.60, and authorize the Chairman to sign the contract as prepared by the County Attorney. B. Re-use of Bid No. 00-0051 Equipment Request No. 02-199 - Consider staff recommendation to approve the re-use of bid and equipment request for the purchase of a 6X6 Roll Off Truck Hoist in the amount of $105,948.25. C. Bid No. 02-35 1 Purchase of Pre-Cast Concrete Structures - Consider staff recommendation to award the bid to the sole bidder, Old Castle Pre-Cast East, Inc., and authorize the Chairman to sign the contract as prepared by the County Attorney. D. Bid WaiverlSole Source Purchase 1 Equipment Request No. 02-200 - Consider staff recommendation to approve the request for a bid waiver and sole source contract with Sierra International Machinery, Inc., and approve the equipment request for the purchase and installation of a MacPresse Conveyor, and authorize the Chairman to sign the contract as prepared by the County Attorney. E. Bid No. 02-37 1 Purchase and Installation of Video Production Equipment - Consider staff recommendation to award the bid to MCSI, Inc., in the amount of $95,653, approve an additional $4,018 over the previously approved equipment requests, and authorize the Chairman to sign the contract as prepared by the County Attorney. 3. PUBLIC WORKS A Solid Waste 1 Glades Road Landfill Stormwater and Landfill Gas Systems Permit Modification - Consider staff recommendation to approve the February 19,2002 proposal from Camp Dresser & McKee, Inc. (CDM), in the total amount of $149,000. B. Code Enforcement 1 Equipment Request No. 02-202 - Consider staff recommendation to approve the equipment request for the purchase of a projector from CDW-G in the amount of 53,277.14. C. Grey Twig Lane MSBU 1 Interlocal Agreement "'lith the City of Port St. Lucie to Provide Potable Water - Consider staff recommendation to approve the interlocal agreement, and authorize the Chairman to sign the agreement. D. Sunland Gardens MSBU 1 Potable Water Improvements (FPUA) - Consider staff recommendation to accept the petition and grant permission to advertise for the initial public hearing on April 19, 2002. '-" CONSE0.1 AGENDA MARCH 12, 2002 PAGE nm .., 3. PCBLIC WORKS (CONTINUED) E. Florida Department of Community Affairs Hazard Mitigation Grant Program - Consider staff recommendation to authorize the Chairman to sign the grant application and maintenance agreement, and authorize submission of the grant for funds to replace a failing culvert in Lakewood Park that will protect 225 homes from future flooding. 4. Cm.IMUNITY DEVELOPMENT A. Simple Success Marketing Invoices - Consider staff recommendation to approve payment of the invoices in the amount of 515,079.70 for the month of February. B. Westmoreland Park Project - Consider staff recommendation to approve the Florida Communities Trust Conceptual Agreement and authorize the Chairman to sign the agreement. 5. P.-\RKS AND RECREATION Equipment Request No. 02-203 - Consider staff recommendation to cancel Equipment Request No. 02-081 and approve Equipment Request No. 02-203 for a lane reel for the Port St. Lucie Pool in the amount of 51,628. 6. COUNTY ATTORNEY A. Fourth Addendum to Shopping Center Lease at Village Green - Consider staff recommendation to approve the Fourth Addendum and authorize the Chairman to sign the addendum. B. Company Name Change - Consider staff recommendation to approve the company name change from John Alden Life Insurance Company to Lincoln Re. C. Company Name Change - Consider staff recommendation to approve the company name change from rvlcCreary Corporation to EM!. D. Local Option Gas Ta.'( / Amended and Restated Interlocal Agreement / Correction of Scrivener Errors - Consider staff recommendation to authorize the Chairman to initial the corrections and direct staff to record the corrected agreement. 7. I]\VESTMENT FOR THE FUTURE A. Additional Projects / Reallocation of Funds Consider staff recommendation to approve the additional renovation to the PSL Library, and reallocation of remaining funds for other projects, as listed. '-' CONSENT AGENDA MARCH 12, 2002 PAGE n\!o .."., ï. INVESTMENT FOR THE FUTURE (CONTINUED) B. Reallocation of Funds for Roof Replacement at Rock Road Jail - Consider staff recommendation to approve the reallocation of 5400,000 from the security system upgrade and use of these funds for the completion of the roof replacement at Rock Road Jail, and allow staff to use any remaining funds for jail expansion. C. Walton Road Annex Building - Consider staff recommendation to grant approval to use the services of REG Architects for the construction of the building in the amount of $335,000 and authorize the Chairman to sign the work authorization as prepared by the County Attorney. 8. PUBLIC SAFETY A. Amended Work Authorization No.4 (EOC Annex Building) - Consider staff recommendation to approve the amended work authorization for $7,150, and authorize the Chairman to sign the authorization. B. Certificates of Public Convenience and Necessity (CON) - Renewal application for We Care for a Class F (Wheelchair Vehicle Service) - Consider staff recommendation to renew the Class F Certificate of Public Convenience and Necessity. C. Certificates of Public Convenience and Necessity (CON) - Renewal application for Able American Jet for a Class E (Air Ambulance) - Consider staff recommendation to renew the Class E Certificate of Public Convenience and Necessity. \,-' ..., BOARD OF COUNTY COMMISSIONERS ADDITIONS AGENDA March 12, 2002 REGULAR AGENDA COUNTY A TIORNEY R-A.1 City of Fort Pierce Annexations / Ordinances K 129-137 - Consider staff recommendation that the Board determine whether to authorize the County Attorney to file a Petition for Writ of Certiorari challenging the adoption of Ordinances K 129-134. 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 or any party to the proceedings, individuals testifying during a heðring will be sworn in. Any party to the proceedings will be granted the opportunity to cross- examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services !>'"nager at (56]) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting, '-'" ..; BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: March 6, 2002 Convened: 7:05 p.m. Tape: I Adjourned: 8:30 p.m. Commissioners Present: Chairman, Doug Coward, Cliff Barnes, Frannie Hutchinson, Paula A. Lewis, John D. Bruhn Others Present: Doug Anderson, County Administrator, Robert Bradshaw, Asst. County Administrator, Dan McIntyre, County Attorney, Mike Bowers, Asst. Public Works Director, Paul Phillips, Airport Director, Dennis Murphy, Community Development Director, Bill Blazak, Utilities Director, Gayla Barwick, Tourism Director, Gary Pardue, M & B; Gertrude Walker, Supervisor of Elections, Jeff Furst, Property Appraiser; David Kelly, Planning Manager, A Millie Delgado, Deputy Clerk I. MINTUES (1-028) It was moved by Com. Bruhn, seconded by Com. Hutchinson, to approve the minutes of the meeting held February 26, 2002; and, upon roll call, motion carried unanimously. 2. PROCLMA TION/PRESENT A TIONS The Board presented a Certificate of Appreciation to Mr. And Mrs. Cooper for their tree donation in the amount of$22,000. 3. GENERAL PUBLIC COMMENTS Ms. Carol Ann Stonten, new resident of St. Lucie County, addressed the Board in opposition to the change in Ordinance No. 02-009. Mr. Herbert Beach, White City resident advised the Board of his displeasure with the Board not pennitting public comments at today's public hearing on Ordinance no. 02-009. Com. Coward advised Mr. Beach that this was probably the 6th public hearing on this issue and all past commcnts wcrc takcn into considcration and this was thc timc for thc Board's final decision on this isslIc. Ms. Mary Roche, Code Enforcement Board member, addressed the Board on the issue of Ordinance No. 02-009 and stated the Board felt it was not in the county's best interest to make changes. Mr. Robert Anderson, Indrio Road resident, addressed the Medical uses for Loquats and presented the Board with samples of the fruit. 4. CONSENT AGENDA It was moved by Com. Bruhn, seconded by Com. Lewis, to approve the Consent Agenda; and, upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 22. 2. PUBLIC WORKS 1 '-" ...., A Sumise Blvd., and Merritt Ditch Culvert Replacement Project- The Board approved advertising the project, approved reallocation of funds, approved the established budget and authorized the Chainnan to sign the necessary documents. B. Warner Global Consulting, Inc., Professional Engineering Services Consultant Agreement- The Board approved the agreement for civil engineering and project management, and authorized the Chainnan to sign the amendment. C. Camino Court Culvert Replacement and Canal Restoration Project- The Board approved the First Amendment to Work Authorization No.2 with BCI Engineers and Scientists, Inc., in the amount of $3,911.20 and authorized the Chainnan to sign the amendment. D. . Taylor CreeklC25 Dredging and Restoration Project- The Board approved Work Authorization No. 3 with BCI Engineers and Scientists, Inc., in the amount of $17,500 for cost analysis and grant application preparation for submission to FIND and SJRWMDINEP and authorized the Chainnan to sign the work authorization. E. Land and Water Conservation Fund Program Grant Application- The Board approved for the County Administrator to sign the grant application for submission to the FDEP Bureau of Design and Recreation for fishing, camping and other recreational improvements at the St. Lucie County Fairgrounds site. F. Roadway and Intersection Design at Edwards Road and Selvitz Road Project- The Board approved Work Authorization No. 5 with Kimley-Horn and Associates, Inc., in the amount of $3,200 for the Nicholson Parcel Boundary Survey, and authorized the Chainnan to sign the work authorization. 3. PURCHASING A. Bid No. 02-036/Book Leasing Program- The Board approved awarding the bid to the low bidder, Baker & Taylor Inc., in the annual amount of $105,229.80 for the first two years, $107,335.80 for years three and four and $109,441.,80 for the last year of the five year agreement and authorized the Chainnan to execute the agreement as prepared by the County Attorney. B. Pennission to Advertise for Bids for the Sale of Surplus Equipment- The Board approved advertising bids for the equipment and removal of these items from the Fixed Asset Listing. C. Pennission to Advertise for Bids- The Board approved granting pennission for bids to furnish and install fencing. D. Bid No. 02-032- Regrassing of Fairwinds Golfcourse The Board approved awarding the bid to the low bidder, Tifton Golf Services Inc., and authórized the Chainnan to sign the contract as prepared by the County Attorney. E. Bid No. 02-029/Landfill Gas Collection System Expansion- The Board approved awarding the bid to the low bidder, ERC General Contracting Services, Inc., in the amount of $506,000 and authorized the Chainnan to sign the contract as prepared by the County Attorney. F. Bid Waiver and Extension of Contract with Kelly Tractor- The Board approved the bid waiver and extension of the rental contract for the rental of one CaterpiIler DGMLGP Bulldozer at a rate of $5,800 per month for a term not to exceed nine months, and authorized the Chairman to sign the amendment as prepared by the County Attorney. G. Pennission to Advertise for Bids- The Board approved granting pennission to advertise bids for Rental of Construction and Industrial Equipment. 2 '-' .." H. Extension of Contract with Sunstate Meter and Supply Inc.,- The Board approved the final one year option for an extension to the contract with Sunstate Meter Supply, Inc., through March 23, 2003 and authorized the Chairman to sign the extension as prepared by the County Attorney. 4. MANAGEMENT AND BUDGET A. State Funding in Support of Voter Education- The Board approved the budget resolution recognizing the $80,060.53 and budgeting it as a transfer to the Supervisor of Elections. B. Equipment Request No. 02-201/Budget Amendment No. 02-124- The Board approved the equipment request and budget amendment to purchase a . replacement printer for the Office of Management and Budget in the amount of $3,692. ' 5. COUNTY ATTORNEY A. Wa1greens Number One/ Prima Vista Blvd., Right of Way Conveyance/Resolution No. 02-79/Resolution No. 02-80- The Board accepted the Warranty Deeds from Xenon, S.A. and Prima Vista, L.L.C authorized the Chairman to execute the resolutions, and instruct staff to record the resolutions and warranty deeds in the Public Records of S1. Lucie County, Florida. B. Billboard Advertising Projects- The board approved the proposed Fifth Amendment to the March 9, 1999 contract with Clear Channel Outdoor, Inc., f/kla/ Eller Media, Inc., and authorized the Chairman to sign the amendment upon receipt of the signed originals from the contractor. C. St. Lucie County Metropolitan Planning Organization- The Board approved the proposed First Amendment to the May 3, 2001 agreement with Tinda1e-Oliver and Associates, Inc. for Phase II of the major update of the Year 2001 Transit Development Plan/Transportation Disadvantaged Service Plan, and authorized the Chairman to sign the amendment upon receipt of the signed originals from the consultant. 6. ADMINISTRATION Housing Finance Authority- The Board ratified Com. Barnes' appointment of Diana Wesloski to the Housing Finance Authority. 7. COMMUNITY DEVELOPMENT Permission to Advertise- The Board granted permission to advertise the RFP for the proposed Historical Resource Survey. BOARD ANNOUNCEMENTS A. There will be joint meeting with the City of Port S1. Lucie on March 14, 2002 at 3:30 pm. In the Commission Chambers. B. The March 19,2002 BCC meeting has been cancelled due to lack of a quorum. REGULAR AGENDA(l-470) 5. PUBLIC WORKS/ENGINEERING A. West First Street MSBU/Potable Water Improvements/Resolution No. 02-081- Consider staff recommendation to adopt the resolution to levy a non-ad valorem special assessment on the West First Street Municipal Services Benefit Unit; approve the attached preliminary assessment roll; and authorize the County Engineer to proceed with construction of the project. 3 '-" ,.." Mr. Robert Anderson, Indrio resident, addressed the Board and questioned the cost. The MSBU Coordinator addressed Mr. Anderson's questions and stated these costs are provided by FPUA. It was moved by Com. Bruhn, seconded by Com. Barnes, to approve Resolution No. 02-081; and, upon roll calI, motion carried unanimously. COMMUNITY DEVELOPMENT B. Ordinance No. 02-008- Consider staff recommendation to approve the resolution amending Section 8.00.03 Particular Pennitted Accessory Structures as uses in Residential, Agricultural an Planned Unit Development Districts, to pennit the storage of one recreational piece of equipment in a ITont yard on a paved surface for properties located in the unincorporated areas of the County, as may be amended. The Community Development Director reviewed the revisions to the Ordinance. Com. Lewis addressed the comments made earlier and stated she believed her comments were misrepresented. Corn. Barnes stated he felt it was time to pass this ordinance and reminded everyone that at this time, the present ordinance pennits an unlimited number of structures on the property. This amended ordinance places a restriction of 2 structures on paved surface and brings the county in alignment with the surrounding counties and cities. Com. Bruhn disagreed, and stated that it would take just one bad looking trailer to ruin the entire site of the neighborhood. Com. Coward stated his concerns regarding the unlimited amount on a 1 acre or more lots and there are areas in the urban service boundaries in the urbanized areas which are one or more acres. His feeling was this ordinance contained too many loopholes and suggested a cap be placed for structures on I acre or more lots and suggested a designated number of set back be applied. He stated unless these issues are better addressed, he could not support the ordinance as drafted. Com. Hutchinson stated she concurred with Com. Barnes' comments however she did not have a problem with a 5 ft. setback being included. Com. Lewis stated she would agree with the 5/1 setback as proposed. Com. IJames also stated he did not have a problem with the 5 It setback. ** It was the consensus orthe Board to add the 5/1 setback to the amended language. It was moved by Com. Barnes, seconded by Com. Lewis, to approve the Ordinance with the changes and the 5ft setback language added as noted; and, upon roll call, the vote was follows: Nay's Bruhn, Coward Ayes; Hutchinson, Lewis, Barnes, motion carried by a vote of 3 to 2. C. Ordinance No. 02-008 Adopting the Evaluation and Appraisal amendments to the St. Lucie County Comprehensive Plan- Staff recommends approval of the ordinance. Mr. David Ginns, Community Transit, addressed the Büud in favor of the ordinance and stated they have reviewed the comments as welI as the ordinance. Ms. Betty Lou Wells, Study Group, addressed the Board in favor of adopting the ordinance It WaS moved by Com. Hutchinson, seconded by Com. ßarnes, 10 approve Ordinance No. 02-008; and; upon roll call, motion carried unanimously. 4 '-" """ 6. MANAGEMENT AND BUDGET Crescent Resources, LLC Mitigation Revenue- Staff requested guidance as to course of action. It was moved by Com. Barnes, seconded by Com. Lewis, to approve to move the trust arrangement; and, upon roll call, motion carried unanimously. OTHER TOPICS The County Administrator gave the Board an update on the events which occurred at the City of Ft. Pierce Commission meeting the prior evening regarding the annexation program issue. Com. Lewis requested the Board ratify her appointment of Catherine Sleznick to the Historical Commission. It was moved by Com. Barnes, seconded by Com. Bruhn, to ratify Com. Lewis' appointment; and, upon roll call, motion carried unanimollsly. There being no further business to be brought before the Board the meeting was adjourned. Chairman Clerk of Circuit Courts 5 ~ "'"" '-" ....¡ BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY FLORIDA MANATEE PROTECTION PLAN PUBLIC HEARING Date: February 26, 2002 Tape: 1 Convened: 4:00 p.m. Adjourned: 5:00 p.m. Commissioners Present: Chainnan, Doug Coward, Frannie Hutchinson, Cliff Barnes, Paula A Lewis, absent; John D. Bruhn, absent Others Present: Dan McIntyre, County Attorney, Ray Wazny, Public Works Director, Anna Smith, Ecosystems Supervisor, A Millie Delgado, Deputy Clerk The Ecosystems Supervisor gave an overview of the changes from the last worksession and reviewed the letters received. The letter from Mr. Pete Meier where he requested the data be revised to segment into a six year time frame. Staff was not sure where Mr. Meier was coming from with his numbers since it does not change the end result as to how the State or the Federal Government evaluates them, the number does not change what is being enforced so the changes are not necessary. The eight page letter submitted by the Manatee Club was reviewed, and what staff felt was appropriate to implement they did, however, they did not implement any changes which would limil developmcnt. A discussion was held on the topic of the open culverts possibly entrapping manatees. A request was made to add language of possibly retro fitting the culverts to avoid the manatee getting trapped. Staff requested direction ftom the Board on this issue. Retrofitting culverts would range between $200 - $500 each. Com. Coward stated he felt it was worth investigating and possibly obtain grant funds for this purpose. Com. Barnes stated that this presently has not been a problem in our area and cannot see spending dollars if the problem does not exist. Ms. Mary Moore, Fish and Wildlife, advised the Board that some problems have occurred in other areas and she would assist in obtaining the grants. Staff advised the Board that they would need to check with the Mosquito Control Director to find out the affects on the impoundments. Staff advised the Board of the added recommended language for this issue. Com. Barnes requested they hold off on this until they could speak: to the Mosquito Control Director and receive his input. Staff advised the Board that this recommended language was constructed by both herself and the Mosquito Control Director and he had agreed. Two out of three present Board members concurred with the recommended language. Page 107, it was also requested the word "may" be replaced with the word, "will". Com. Barnes requested the word "may" be left in. The Board concurred. ,', ... "" ...",¡ Policy 34 has been eliminated, new policy # 30 on page 131 was reviewed. Staff suggested the word "investigate" be striken. The Board concurred. Staff does not feel MPP revisions need to be made, since the local government would be duplicating what is being done at the state level. The Board requested the word "fund" be replaced with "obtain" on page 131. The County Administrator commented on page 10, I sl paragraph, and asked it be reworded since part of the Port area is outside the city ofFt. Pierce. Also, in the next paragraph, the term "casino boat" should be deleted, and also include the term "Mega Yachts" åfter ecotourism. Mr. Kevin Stinette, St. Lucie County resident, addressed the water quality needs in the North Fork. He also requested the county establish criteria for manatee protection and for the county to facilitate education on docks. The Save the Manatee Cluh representative addressed the Board and stated her club is satisfied with the MPP and support its' passing. Mr. Ken Irish, South Beach resident, addressed the Board and stated there are other thing~'in the water that they should be concerned about. He suggested possibly finding a way to discourage the Manatees from coming into this area and felt the speed should remain at 25mps in the main channel and other areas should require idle speed. Staff advised the Board that they are not increasing or creating new speed zones, they are only enforcing the existing speeds. After continued discussion, it was moved by Com. Hutchinson, seconded by Com. Barns, to approve the Manatee Protection Plan; and, upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of Circuit Court ~ - - "'. ~ From: Debbie Scribner To: Turner, Diane Date: 2/25/023:17PM Subject: Presentation to BaCC '-"""" At the BaCC meeting<9f~CDM would like to make a presentation to the Board on the Baling Facility, Please let me Know what I have to do to schedule the presentation for that meeting? ~ Thanks much. Debbie cc: Cordeiro, Leo; Roberts, Ron , ........- '- ....,; COUNTY COMMISSION REVIEW: March 12, 2002 COMMUNITY DEVELOPMENT DEPARTMENT Administration MEMORANDUM TO: County Commission FROM: Community Development Director DATE: March 6, 2002 SUBJECT: Consider Accepting the New Master Plan for the Port of Ft. Pierce. Attached is a copy of Draft Resolution 02-033 which, if approved, would accept the revised Goals, Objectives and Policies (GOP's) for the Port of F1. Pierce Master Plan. As the Board is r aware, several months ago the Board contracted with the FAU Joint Center for Environmental and Urban Problems for the development of the new Master Plan for the Port of F1. Pierce. The Joint Center has prepared this Master Plan to meet the requirements of Chapter 163, Florida Statutes. The Pon Master Plan is intended to be principally a "policy type" of document rather than a specific layout plan for the Port Area. This Master Plan does not include detailed site layouts for the Port Area nor does it address specific land use and zoning matters that are more appropriately the responsibility of the local governing authority in the Port Area. That type of decision rests with the City of F1. Piece or the County for those lands that lie within their territorial jurisdictions. Through the development of this Master Plan, the consultants have employed a public participation process that has resulted in the receipt of extensive public input and coordination with all effected stakeholders in the area. On February 19, 2002, this Böard, and the City Commission of F1. Pierce held a joint workshop for the purpose of discussing the status of the Master Plan and reviewing the latest version of the Goals, Objectives and Policies of this Master Plan. Based upon the comments presented at that meeting, this final draft of the GOP's has been amended to reflect the issues raised and we believe the consensus agreements of both governing bodies. Following the Board's final action on this Master Plan, the County will initiate the process to have this Master Plan incorporated into the 51. Lucie County Comprehensive Plan. This action would be consistent with the requirements of Section 163.3178(2)(k), Florida Statutes. When the Master Plan update process was initiated it was the original intention of all parties to have this Master Plan approved by the County Commission, since the Board is the recognized as the managing Authority for the Port of F1. Pierce, and then transmit this Plan to the City of Ft. Pierce for incorporation into the City's Comprehensive Plan. However, through the development and definition of the "Port Planning Area", and by through the necessity of having to include the unincorporated areas of Taylor Creek and the North Jetty area of the F1. Pierce Inlet into the Port Planning Area the law requires that the Port Master Plan be incorporated into, the County's Comprehensive Plan. Staff still recommends that following any adoption of this Port Master \...'~ '-' ..¡ March 6, 2002 Page 2 Subject: Port of Ft. Pierce - Master Plan Plan a copy of this Plan should be transmitted to the City of Ft. Pierce for possible inclusion in the City's local comprehensive plan. Noting the above comments, staff recommends that the Board approve Draft Resolution 02-033 and further recommends that the Board direct staff to initiate the Plan Amendment process to the County's Comprehensive Plan to provide for the incorporation of this document into the Local Comprehensive Plan and that a copy of this Master Plan be sent to the City of Ft. Pierce. If you have any questions, please let us know. SUBMITTED: r nt Director DJM PORT1A(H) cc: County Administrator City Administrator County Attorney City Attorney James Murley 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 '-" 'wi ~; RESOLUTION 02-033 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA ACCEPTING THE GOALS, OBJECTIVES AND POLICES FOR THE PORT OF FORT PIERCE MASTER PLAN WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. Florida Statues, Section 163.3178 (2)(k), requires all recognized deepwater ports in the State of Florida prepare a master plan to be submitted to the appropriate local government for inclusion within that governments locally adopted comprehensive plan. 2. The Port of Fort Pierce Master Plan is consistent with the comprehensive plans of St. Lucie County and the City of Fort Pierce. r 3. It is in the public interest to approve the Port of Fort Pierce Master Plan. 4. The County has held several public meetings and public hearings involving the public and the port area property owners, the purpose of which was to review the master plan. 5. On March 12, 2002, this Board held a public hearing on the proposed master plan for the port of Ft. pierce after publishing a notice of such hearing in the Port St. Lucie News and the Tribune, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida That: PART A. THE GOALS, OBJECTIVES AND POLICIES FOR THE PORT OF FORT PIERCE MASTER PLAN ARE ACCEPTED TO READ AS FOLLOWS: See attached Exhibit A AFTER MOTION AND SECOND, the vote on this Resolution was as follows: Chairman Doug Coward xxx Vice-Chairman Cliff Barnes xxx March 12, 2002 Resolution 02--033 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 47 48 49 "'" Commissioner John Bruhn xxx Commissioner Frannie Hutchinson xxx Commissioner Paula A. Lewis xxx PASSED AND DULY ADOPTED this 12th day of March 2002. ...., BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman r ATTEST: APPROVED AS TO FORM AND CORRECTNESS: DEPUTY CLERK COUNTY ATTORNEY March 12, 2002 Resolution 02..033 Page 2 '-'" 'wi Draft 4 GOPs 03-01-02 .! A revised vision for the Port of Fort Pierce was established in 1996 through a non-binding public referendum and charrette process, which shifted the intended general uses from exclusively cargo as per the 1989 Port Master Plan to a mix of recreational, commercial, and industrial uses. Since that time and through additional public workshops, this vision has been further refined to focus the industrial component of the mixed use PRort on marine industries, specifically the megayacht industry, and for such uses to serve as the anchor tenant at the Port of Fort Pierce. The Port Master Plan more clearly defines this community vision, strengthens local control over the process, and provides flexibility to ensure intergovernmental coordination and the desired mix of uses. References to the "Port of Ft. Pierce" in the Goals, Objectives, and Policies shall be liberally interpreted to ~ refeFenee the appropriate local government entity charged with the responsibility for enforcing or completing the specific objective or policy statement. Goals, Objectives, and Policies for Port of Ft. Pierce Goal 1 Responsibility for the Port r The overall responsibility for the by law with the St. Lucie County Commission, all the citizens of St. Lucie County. management of the Port of Ft. Pierce is vested should be managed in the public interest of Objective 1.1 ~¡) p~ I~' , / St. Lucie County, working with the City of Ft. Pierce, interested agencies and private property owners and consistent with the port enabling laws and the constitutional and statutory protections for the rights of existing private property owners, should ensure that the public interest and quality of life is protected when exercising public control of port property. Policy 1.1.1 St. Lucie County shall explore and consider all options for the management and ~per~~i~ns of the Port of Fort Pierce in cooperation with the municipalities ì\ñêl!~~ø(}åI o.ffìciå:ls. These discussions shall take place prior to December 2004 through either a task force or joint workshop of the elected offìcials. Policy 1.1.2 . St. Lucie County shall maintain the necessary oversight of the Port of Fort Pierce to ensure compliance with applicable state law governing deepwater ports and to guarantee the financiå:l feasibility of any publicly funded infrastructure within the port. Policy 1.1.3 The Port of Ft. Pierce shall determine whether to. initiate actions necessary to acquire public ownership of those areas in the port determined to be in the public interest. Strike ThroughlUnderline.AndShl3.dina is amendment from Draft #3 Paae 1 '-" ...,.¡ Draft 4 OOPs 03-01-02 i ~', < Policy 1.1.4 S1. Lucie County shall coordinate with the City of Fort Pierce, other affected local governments, the Treasure Coast Regional Planning Council and the Florida Seaport Transportation and Economic Development Council (FSTED). Policy 1.1.5 St. Lucie County, operating through its existing and future legal authorities, shall initiate discussions with the City of Fort Pierce, with other public agencies, and with the private business sector to create the legal agreements, memoranda of understanding, and joint planning agreements necessary to implement the goals, objectives, and policies of the Master Plan for the Port of Ft. Pierce. Objective 1.2 The Port of Ft. Pierce shall establish a general Port Planning Area boundary and a Port r Operations Area boundary to provide elected officials, prospective ¢~~y investors:. norMiåcilitVdev¢lónêt's, and the public a clear understanding of the physical location of the acti~~~~~t~~t~~~I~~~ a.cco .......o~t~..i~!~~J.!~~t()f~t.. J.!~er~~(geeFj~~'I~·:·a;~ê.liiRöFt Plannm?ArreaHand..portO ti s..Area,aré:!idenfiÎIoo·,in.·' re!A. PoUcy 1.1.1 .. '..........\ ........... OZ?'71 ~ . ~~. ~.~:)...~.(..I'trf~ ,haH continue to support ~ Iii>1iiIØ =go operation'1 ,I¡y !î. . LBo¡¡t~mtið~ða. øv ) ( olicy 1.2.2 I ~\ V~ V\ Ii The Port of Ft. Pierce shall support development of tourist.cømtn~Gi~U and recreational ses in th . d of the unde~ped port property. fl ,\ I V ,( xY rlN ,\? Iff ~' I The Port of Ft. Pierc~shall s~gportd~~~log~~~~ of commercial marine uses, such as megayacht constrtlctionandmaintenancG.mafine research facilities, or expansion of tourist/recreational uses, depending on market conditions. Policy 1.2.4 Activities within the remaining Port Planning Area shall comply with the applicable State and County laws and the applicable plans and regulations of the City of Ft. Pierce or St. Lucie County. Strike Throuahl UnderlineAndSh1Idina is amendment from Draft #3 Page 2 \...- ....I Draft 4 GOPs 03-0 I -02 ~_: v· Goal 2 Port Activities The quality of life for St. Lucie County residents will be strengthened and maintained by enhancing the economic viability, attractiveness, environmental quality, and social benefits associated with activities at the Port of Ft. Pierce. Objective 2.1 The Port of Ft. Pierce should strengthen the economic development activities in the Port Operations Area by working with federal. state and local government and the> private sector to formulate an economic development plan by 2004 that will foster new jobs that exceed the County's average annual wage and ellhance thecomlßunitv's!PFosperitv. Policy 2.1.1 The Port of Ft. Pierce shall encourage the œvelöþment;.l'énövatÌotÞ:âäü improvement of port facilities to maximize current potential, including rehabilitation and modernization r of existing buildings consistent with the City of Ft. Pierce downtown redevelopment. Policy 2.1.2 The Port of Ft. Pierce will continue as a deepwater port that will accommodate limited cargo operations. Gentrification of ~1I.g cargo areas shall be emphasized and flexibility shall be retained in the Berth 1 area to allow either limited cargo operations or marine industries. All such uses shall be consistent with the general mix of uses described herein anm compatible with adjacent land uses and natural resources. Policy 2.1.3 Future public infrastructure improvements in the Port Planning Area will be made consistent with the Port Master Plan}) ~ y . I Policy 2.1.4 k- b^ íy-J/ ~J1' rJ ~r' n. '.< 'I 1 v J V ',' S1. Luc~County, working with fe~lw state and local governments, åßtl,;~~:;;:>:··);:tê '~ sector tÍ1ay provide incentives for jobs that exceed the County's average annual wage. .¿/ Policy 2.1.5 ~, . >- // ,~ "v ~--'- I 4- :~;~rt i~i :~~~~~~~ ;o~~:~u:~sí~e:~e~~~~:d;:~:~:~;:~t~~:~;~~1 workfo ce to the fullest extent possible. <\" 0 ~~yV) Strike Throuoh/l..}hderlihéAndSl"Ittding is amendment from Draft #3 Paoe 3 ~ ~ Draft 4 GOPs 03-01-02 Objective 2.2 The Port of Ft. Pierce in cooperation with the City of Ft. Pierce and other governmental bodies, shall assist in the development of high quality design standards to ensure that port facilities in the Port Operations Area are compatible with the use of the surrounding area in the City of Ft. Pierce as downtown waterfront development. Policy 2.2.1 The Port of Ft. Pierce, in cooperation with other governmental bodies, and the private sector, should develop and maintain aesthetically pleasing public port facilities and landscaping to encourage new and expanded business development. Policy 2.2.2 The Port of Ft. Pierce, in cooperation with other governmental bodies, should ensure that port facilities are aesthetically compatible with newly renovated downtown Ft. Pierce and r other adjacent neighborhood areas"andi:b. compliance with the City of Ft. Píerce regulations. Policy 2.2.3 Existing activities within the Port of Ft. Pierce Operations Area that are determined to be inconsistent with future uses of the port should be identified and removed through the negotiated purchase of property or busin~ss,~i~1I.t~mãì¡-j.; code enforcement activities, priv~~~{~~~l~~,g~~~~~~,~ps, grants, ~ther mechanisms by the appropriate unit of governmentWfOL'emií:}ent'dQmai~. Objective 2.3 The Port of Ft. Pierce, working with fed"êml.,staüETegîOOal and local governmen~ and the priv.äfusector business, entities, shall maintain, increase, and promote marine industry and related scientific and commercial activities at the Port of Ft. Pierce so there is no net loss of marine industry. Policy 2.3.1 The Port of Ft. Pierce, working with governmental bodies and shall accommodate water- related marine activities such as mega yachts , restaurants, hotels, tall saililÌ!fvesse]s,bóat service andn:aair Yarc:i~.t,ínariÌ1a facmiü~, and related service activities within the Port Planning Area for the benefit of residents and visitors to the community. Strike Throuah/ UnderlineAndSht¡,dinQ is amendment from Draft #3 Paae 4 '-' ..." Draft 4 OOPs 03-01-02 Policy 2.3.2 The Port of Ft. Pierce, working with otRoccoacefßed.. federal. state and local governmental bodies and the private sector interested parliesaHd.gæâed bytne yisiÓn and dir-octiofl of the Port of Pc Pierce Charrette shall accommodate water-related marine activities such as megayachts. marine research vessels. tall sailing vessels. restaurants, hotels, and related service activities within the Port Planning Area for the benefit of the residents and visitors to the community. Policy 2.3.3 The Port of Ft. Pierce, in cooperation with federaI. state and local governmental bodies and the orivatesector the City of Ft.Pioc€Ð, shall protect, maintain, and promote marine industry activity from encroachment or displacement by incompatible land uses. Policy 2.3.4 The Port of Ft. Pierce, working with ofue£ federal. state and local governmental bodies and the privatesectoriøterested parties, shall encourage the location of additional marine science facilities in the Port Planning Area that are compatible with the Smithsonian and the Harbor Branch Oceanographic Institution.') Policv 2.3.5 The Port of Fort Pierce, working with other governmental bodies and ~¡p:lEb~åtèlse"tò:r; shall encourage the location and development of a megayacht facility that serves as the anchor tenant in the Port Operations Area. ) Objective 2.4 vJ( ~,r", The Port of Ft. Pierce sl1~µt~ s I allml and support expansion oføMi"~D~~..~.f water- dependent recreational and Met urism 6ses in the Port Planning Area. Policy 2.4.1 The Port of Ft. Pierce, working with ether fed~ral,: state and local governmental bodies and the private sector. interested parties, shall encourage recreational uses within the Port Planning Area. Policy 2.4.2 The Port of Ft. Pierce working with ()tfi.e.£'f~(l~WwmŠt.Íìt~.,åñ:êt:"lœät governmental bodies a.ñ.dtheprivåtesector shall maintain a public education and infonnation program for the commercial and recreational boating activities on and adjacent to the Port Planning Area to alert and advise those users of the environmentally sensitive resources in the area. Strike Throuoh/l..lnderlineAndSt'$dina is amendment from Draft #3 Paoe 5 . . r '-" ....,¡ Draft 4 OOPs 03-01-02 Objective 2.5 The Port of Ft. Pierce, in compliance With,. federal, state, and 10 cal~la. s, shall work with appropriate public safety entities to revise the port se~ity manage t plan for the Port Opemtions Area by Decembe, 2003. I V" J 'i. j 01'. .0" Policy 2.5.1 ,,<ti Nf~\ \V,IJ ~"'~, 4!X\J!' /'t, ~ y The Port of Ft. Pie"" ,L,e tha' port ""ority· co ;,teot· .. wi;o f!:\/ orõei'W-ãâecfiHl!cly'proteêrportusers and cllizem-from crime or terrorism concerns and to prevent any increase in criminal activity or enterprises. Policy 2.5.2 The Port of Ft. Pierce, working with ~federal.· state and local g()vernrIl~Iltalbodì~$, and the private sector shall develop a public education program for the port security management plan to ensure that the owners, users, other responsible parties, and r members of the public understand port security. Goal 3 Environmental Protection The Indian River Lagoon is recognized as the most biodiverse estuary in North America and as an important component of the local economic base and the overall quality of life in the community. As such, the integrity of the Lagoon shall be protected by correcting any detrimental effects caused by current operations and ensuring long-term development and improvement activities are consistent with all local, state and federal environmental laws and regulations. Objective 3.1 The Port of Ft. Pierce1 working with ~fèdémI." smte and~local governmenml bodies ani I thêrJrii:-V"tes~êtølÌ, shall ensure the protection and restoration of the Indian River La oon and avoid ~uture degradation of the Lagoon's ecological health due to port activities. ~ I !" < r& Polley 3.1.1 /1 (~'Y I The Port of Fort Pierce, working withºm~'feder~~,s.änd:::l¡¡¡Cal governm ntal bodies and thèp:ri"åtesootôË¡ will regulate discharges coming from port activities i 0 the Indian River Lagoon to prevent air and water pollution in violation of any adopted ederal, state, or local laws or regulations. Existing port businesses should be retrofit ed to reduce pollution in the Ii1t1äiii!ælf&êr Lagoon. Policy 3.1.2 Strike ThrouQhl Underline AndStmdina is amendment from Draft #3 Paae 6 '-' ....I Draft 4 GOPs 03-01-02 The Port of Ft. Pierce, working through the Comprehensive Plans and Land Development Regulations of the City of Pert Pieree appropriatêlôô"ålgenel'alpili:pose gover11IIlêrit, shall address excessive freshwater inflows originating from the Port Planning Area to minimize their impacts on estuarine salinity, consistent with guidelines being developed by the U.S. Anny Corp of Engineers and the South Florida Water Management District in the Indian River Lagoon - South Feasibility Study Draft (2001). Policy 3.1.3 The Port of Ft. Pierce, working with other governmental bodies and µrivate interests iRtcrcsted parties, shall limit inputs of suspended materials, nutrient inflows, and toxic substances from the Port Planning Area into the Indian RiverLagoon estuary to state and federal approved limits. Policy 3.1.4 The Port of Ft. Pierce shall work with other governmentål bodies and þrivateiritêrests r mt~~â....p~eB to enforce existing ..laws and prevent exotic invasive species from entering theI.ndifm~ß¡î¥er1lliagô(j11 estí.t~~ via ship's ballast and bilge water ~cargo. {);V\ pl\n-(;0-J Policy 3.1.5 ' 6~1 (r The Port of Ft. Pierce will develop a port area maintenance program to ensure environmental compliance by the port and for any activities occurring within the Port Planning Area. --- Objective 3.2 The Port of Ft. Pierce will work with other governmental bodies and the intereste-d'padies to prevent detrimental effects on the by port activities by supporting estuárine;lil e&.~ diversity and the mainfénaneei..and,enhadcéníêiÍt:6f the population of endangered and threatened species. Policy 3.2.1 The Port of Ft. Pierce shall work with other governmental bodies and (?ri:vafêl"linterests Î11.terestedparties to preserve and restore seagrass beds and mitigate any permitted losses to existing seagrass beds caused by port activities to the maximum extent possible. Policy 3.2.2 The Port of Ft. Pierce, working with other governmental bodies and pclvaæiint~st.s iß.teresteà parties, shall protect endangered and threatened mammals, fish, reptiles, amphibians, and invertebrates from port activities in the Indian River Lagoon esœa:ry aåjacÐBt to the Pert OfJerations .Area. Strike ThrouahlUnderlineAnd Sl1ltdina is amendment from Draft #3 Page 7 '-" ..., Draft 4 GOPs 03-01-02 Policy 3.2.3 The Port of Ft. Pierce, working with other governmental bodies and private in.terests interested parties, shall take appropriate actions to protect and conserve fin and shellfish resources in the Indian River Lagoon estuary adjacent to the Port Operations l.rea from damage due to port activities. Objective 3.3 The Port of Ft. Pierce, working with other governmental bodies and PI."'Î"Vate interestsinterested parties, shall protect and maintain the existing natural coastal areas and resources within the Port Planning Area. Policy 3.3.1 The Port of Ft. Pierce, working with the Comprehensive Plan Land Development Regulations of the arO ·riateJocaLerieral u r øfFt.:~~oo, shall address maintenance and reduction of existing air quality emissions from port activities to ensure that new emissions from the port meet applicable air quality standards. Policy 3.3.2 The Port of Ft. Pierce, working with other governmental bodies and iE[tæ¡.¡¡ilfests tªtøl'e$t¢EI:~~~~ shall create a scientific advisory committee, composed of researchers and managers from the Smithsonian Institute, Harbor Branch Oceanographic Institution, and other regional marine research institutions, to provide scientific advice on port operations and activities (commercial, industrial and recreational) that may impact the Indian River Lagoon. Policy 3.3.3 The Port of Ft. Pierce, working with other governmental bodies and i~~~~¡:!:![n.lrests iB,{efie!lt~â..p~¡j¡ will develop a list of best management practices for environmental protection which have been used successfully by other ports to ensure efficient and effective management of port operation activities while providing environmental protection. Policv 3.3.4 Objective 3.4 Strike ThroughlUnderlíneAnd St$.dina is amendment from Draft #3 Paqe 8 ~ ...,,¡ Draft 4 OOPs 03-01-02 I' In keeping with the St. Lucie County ManateepPtòtectioJi;;;~Ian;"fMPR)~J;the:"Port'ofFt. Pierce will ,work with other e:oyernmental 8eencÎes ,.andt)l'iYa:te'mterests~''to' improve protection of the manatees and enforcement of existine: related laws within the' Port Plannine: Area. Policy 3.4.1 The Port of Ft. Pierce, working with other governmental bodies and private interests, will adjust future and proposed dock design and construction to be consistent with manatee protection measures. Policy 3.4.2 The Port of Ft. Pierce, working with other governmental bodies and private interests, will conduct maintenance dredging in the Port Planning Area in a manner that is consistent with manatee protection measures. Policy 3.4.3 The Port of Ft. Pierce, working with other governmental bodies and private interests will conduct activities involving expansion of ship berths and maintenance of channels in a manner that is consistent with manatee protection measures in the ~Iort ~Ilanning ~ea. Policy 3.4.4 The Port of Ft. Pierce, working with other governmental bodies and private interests, will conduct activities involving explosives in a manner that is consistent with manatee protection measures in the j;Îlort ~Ilanning ftJlre?o'J '~ Policy 3.4.5 V i The Port of Ft. Pierce, working with -.;:: governmental bodies and private interests, will conduct activities inVOIVing;~edi~~nt%7:;o~~!in a manner that is consistent with manatee protection measures in the iJl!!ort 1'Ilanning _ea. Policy 3.4.6 The Port of Ft. Pierce, working with other governmental bodies and private interests, will protect and/or mitigate seagr¡¡ss beds ,.,~d submerged aquatic vegetation that serve as manatee habitat in the 1'I!!ort 1'1!!lanning tœrea. Policy 3.4.7 The Port of Ft. Pierce, working with other governmental bodies and private interests, will help to develop guidelines and establish an education program for crew procedures Strike Throuoh/ UnderlineAI1dSHi.dina is amendment from Draft #3 Paoe 9 ~ ;.' r / \.; '--' Draft 4 OOPs 03-01-02 regarding observing and avoiding manatees when arriving and departing from docks in the j;}Eort j;}Elanning aArea. Goal 4 Public Access The Port of Ft. Pierce, working with other governmental bodies and private interests interested parties, shall enhance public access to the Port Planning Area. Objective 4.1 The Port of Ft. Pierce, working with other governmental bodies and nrivateinterests interested paFties, shall develop an integrated open space system to provide public access between those portions in the Port Planning Area that are open to the public and the surrounding community. Policy 4.1.1 r The Port of Ft. Pierce, working with other governmental bodies and private,Ínfêrests i~edpliliie$; shall facilitate public access to short-term parking. Policy 4.1.2 The Port of Ft. Pierce shall encourage unobstructed public access to designated public fishing areas. Policy 4.1.3 The Port of Ft. Pierce shall cooperate with and support efforts of other interested governmental bodies in providing access to unobstructed scenic views of the mmåD.~ver E.ägôôri.¢~t!.~. Policy 4.1.4 The Port of Ft. Pierce shall encourage the City, County, and State to improve and maintain an orderly network of streets and entrances to access port facilities. Policy 4.1.5 The Port of Ft. Pierce shall develop an integrated open space system along the waterfront of the Port Operations Area, with the exception of areas where such access would pose a safety or security concern or where it would interfere with approved port activities. Strike Throu(hlUnderlinéAl1dSI1~ina is amendment from Draft #3 Paae 10 "" ..."J Draft 4 GOPs 03-01-02 j Policy 4.1.. } The Port of Ft. Pierce shall encourage multi-use marine recreational activities, walkways, ,\ ~' and multi use paths within the open space system in the Port Planning Area and provide r linkages with the network in Fort Pierce. Emergency Management he public will be protected in various emergency situations through cooperation between the rt of Ft. Pierce with other governmental bodies to achieve maximum levels of safety and to ntcommerce of hazardous materials in the Port of Ft.Pierce. Objective 5.1 The Port of Ft. Pierce, working with regional and state emergency management agencies, andÖrbl'ateinterestš, shall identify new and existing procedures to ensure public safety in the event of a hurricane or other natural disaster. r Policy 5.1.1 ~ The Port of Ft. Pierce shall comply with the comprehensive emergency management plans of approDriatelocat;"gÇR~"PµtpQ~!fg~ep:lment~;GiW 01 Pt. Pièfee åad St.LuCie Goam)! to ensure safe evacuation of the port during times of hurricane or other disasters. , ~, .' Objective 5.2 The Port of Ft. Pierce, working with other governmental bodies, shall comply and cooperate to ensure that adequate procedures are in place to respond to a hazardous material spill. Policy 5.2.1 The Port of Ft. Pierce shall comply with the processes of federal, state, and local governments for safe and expedient cleanup of hazardous spills. Policy 5.2.2 The Port of Ft. Pierce shall cooperate with governmental bodies to provide complete and timely information to the public in the event of a hazardous materials accident. ,A1rf? Goal 6 Landside Infrastructure ~ ~/V"ß~ Landside and waterside infrastructure serving the Port of Ft. Pie' {JShOUld meet the port's future requirements in a manner consistent with the abilities of the t~cies to provide the services needed to support approved port activities. Strike Throuahl Underline And Sl1adina is amendment from Draft #3 Paae 11 "" ...", Draft 4 GOPs 03-01-02 Objective 6.1 The Port of Ft. Pierce shall work with other governmental agencies to improve linkages between the port facilities and inter modal transportation routes. Policy 6.1.1 The Port of Ft. Pierce, working with other governmental bodies and ptivateinterests interested parties, should limit increased traffic congestion in the Port Planning Area and on roadways adjacent to the Port Planning Area consistent with the adopted levels of service in the City of Fort Pierce Comprehensive Plan of the appropriate local general purpose government. Policy 6.1.2 The Port of Ft. Pierce should enhance and expand activities that tie the port to the St. r Lucie County Airport and coordinate with the CA:. ·',thêG(}vemoi"1s0ffiC:ë..ôfillô Florida Department of Transportation lFE>Of]?;¡ and the Florida East Coast Railroad, Tri-rail and other possible rail service, in order to encourage multi modal development, maximize intermodal transportation connections, and facilitate the continued economic growth, development'<lIl.dxit~H~,?l~t.b~~~~....S()~~t~: Beginning in 2003 and continuing annually thereafter, Porto11illíìì~'i¡lRiëïf(:je~t..i!i!~~~l~b' shall prepare a State of the Ports Report to demonstrate to the public how activities of both facilities are furthering the quality of life of St. Lucie County residents. Policy 6.1.3 b' 1/ I 6},ß"" ~ should lätcilitate t,;J The Port of Ft. Pierce, working with other governmental bodies, expansion of public transit to and from the Port Planning Area. Goal 7 Navigation Channels Navigation channelsserving the port's m~t.i111e.and recreat,ional activities shall meet existing and limited future needt.asÖtitlinedinthiSUlâiî.¡ Ji!'--' Objective 7.1 / Y/. þ' Ô tIJÍ¡µ6 JKJ.-;¿,^' ~. /Þ-i~ $'{; ! nt from Draft #3 .. /.,?---.---j rz-. -"- ß ~(Þ? ~/f v ...,,¡ Draft 4 GOPs 03-01-02 Policy 7.1.1 The Port of Ft. Pierce shall coordinate with the u.s. Army Corps of Engineers and the Florida Inland Navigation District to provide for the maintenance of the navigation channels, including location of spoil disposal sites. Policy 7.1.2 The Port of Ft. Pierce shall coordinate with the U.S. Coast Guard in the placement and maintenance of the navigational aids within the port area. Strike ThrouQhl Underline And Sl1adinc is amendment from Draft #3 Pace 13 (t', ~ :~'j r " "C >- Q:: 8ltJ ct: ~ () () Q:: co --.J :::::J Q:: It... V) "C :::t >.: <: /--.. () ltJ -- <: /--.. () ~ -- ct: () CJ ltJ Cj <': ..... () Q. ltJ u /--.. -- /--.. 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'-' (~~CZ'~ STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" JEB BUSH Governor STEVEN M, SEIBERT Secretary February 27, 2002 ; OJ tJ;J 0 W ~ ' , U r ',." , '--'-'- I ' . ¡ I 'i r Wi MAJ' - I 2002 ilL , ¡~ . I 1-_,- '---1 'vCgrUNTY ATTORNEY Daniel S. McIntyre County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 r RE: Port of Fort Pierce - Procedure for Adoption of Port Master Plan Dear Mr. McIntyre: This is in response to your letter of February 25,2002 regarding the procedures for the adoption of a port master plan. I agree with your assessment and concur that St. Lucie County is now the "appropriate local government" for integrating the port master plan into the County's comprehensive plan pursuant to the provisions of Section 163 .3178(2)(k), Florida Statutes. Let me know if you have any further questions regarding this matter. Sincerely, ~~ Richard A. Lotspeich Assistant General Counsel RAUms i r, I,~, U'1'1 ¡.,¡, ¡; ,) '--~ ., :, 'i :, ~ ~;, ß~~ ~ ~Û ~J LV.v .~\\t) j.~ CC, Sf 2555 SHUMARD OAK BOULEVARD· TALLAHASSEE, FLORIDA 32399-2100 Phone: 850.488.8466/Suncom 278,8466 FAX: 850.921,0781/Suncom 291.0781 Internet address: http://www.dca.state.fl.us CRITICAL STATE CONCERN FIELD OFFICE 2796 Overseas Highway, Suite 212 Marathon. Fl3305O-2227 (305) 289-2402 COMMUNITY PlANNING 2555 Shumard Oak Boulevard Tallahassee. FL 32399·2100 (850) 488-235ð EMERGENCY MANAGEMENT 2555 Shumard Oak Boulevard Tallahassee, Fl 32399-2100 (850) 413-9961i HOUSING & COMMUNITY DEVELOPMENT 2555 Shumard Oak Boulewrd Tallahassee. FL 32399-2100 (850) 4B8-795ð '-' ...., AGENDA REQUEST ITEM NO. ~ DATE: March 12,2002 REGULAR [x] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): ADMINISTRATION Douglas Anderson County Administrator SUBJECT: Request for Qualifications and Proposals (RFQ/P) for the development of the Port of Fort Pierce BACKGROUND: Administration is requesting permission to advertise for statements of qualification and/or proposals from interested parties for the purpose of designing, building, and operating a development on some or a portion of the undeveloped port property (see attached RFQ/P). The proposals would propose a development plan for all or a part of the combined 87 acres of undeveloped port property, including the 67 acres currently owned by Mr, Lloyd Bell, and the adjacent 20 acres owned by St. Lucie County (Harbour Pointe Property). The proposals should reflect uses that are consistent with the City of Ft. Pierce Land Development Regulations, and the St. Lucie County Port of Ft. Pierce Master Plan document (2002). The selection process will be a two-phase process. Based upon the submission of statements of qualifications/conceptual proposals, the County will shortlist one or more proposers to submit more detailed proposals. The phase two submittals (proposals) will provide more detail about the concept plans. The County may elect to negotiate with one or more proposers, depending upon the conceptual plans put forth. Upon receipt and review of the statements of qualification/conceptual proposals, Administration will recommend a short list of qualified proposers to be approved by the Board of County Commissioners. Final selection of any and all proposals will be made by the Board of County Commissioners, with recommendations from Administration, FUNDS AVAIL.: n/a PREVIOUS ACTION: June 19, 2001 - Approval of contract with Jim Murley for the preparation of a Port Master Plan document in the amount of $99,000. February 22, 2000 . Approval of permission to advertise for general engineering services related to the development of the Port of Ft. Pierce. RECOMMENDATION: Administration requests permission to advertise for Qualifications and Proposals (RFQ/P) for the development of the Port of Ft. Pierce. [x] APPROVED [ ] DENIED [ ] OTHER: (5-0) COMMISSION ACTION: Coordination/Siqnatures []Collnty Attorney [ JMgt. & Budget [ ¡Purchasing [JOrlginatlng Dept. Public Works port rfqp,ag []Ca. Eng [JOther '-' ....I J ~ f f RFQ # 02-053 Port of Fort Pierce, FL Design, Build and Operation for Development of 87 Acres or a Portion Thereof Due Date: May 1, 2002 Due Time: 2:00 PM St. Lucie County Purchasing Department 2300 Virginia Avenue, Room 228 Ft. Pierce, FL 34982-5652 (561) 462-1700 RFQ # 02-053 1 · 'w' '...ì 'ì ) I BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REQUEST FOR QUALIFICATIONS Sealed Qualifications will be received at the Purchasing Department, 2300 Virginia Avenue, Fort Pierce, FL 34982, until 2:00PM local time on Wednesday, May 1, 2002, for the following: RFQ # 02·053 Port of Fort Pierce, FL Design, Build and Operation for Development of 87 Acres or a Portion Thereof A Voluntary pre-submission conference and site tour will be held on Friday, April 15, 2002 at 10:00 a.m. EST at the County's Administrative Building, 2300 Virginia Ave., Ft. Pierce, FL 34982. RFQ documents may be obtained via the Internet using the County's website at http://www.co.st-Iucie.fl.us. If you do not have Internet access, you may obtain the documents by calling DemandStar by Onvia 800-711- 1712 and request document number #02-053 or contact the Office of the Purchasing Director at 2300 Virginia Avenue, Fort Pierce, Florida, 34982, (561) 462-1700. RFQ's may be either mailed or hand delivered to the Purchasing Department, 2300 Virginia Avenue, Fort Pierce, FL 34982. Any RFQ'S received after the above stated time will be returned to the bidder unopened, The Board of County Commissioners reserves the right to waive any informalities or minor irregularities; reject any and all bids/Qualifications which are incomplete, conditional, obscure, or which contain additions not allowed for; accept or reject any proposal in whole or in part with or without cause; and accept the proposal which best serves the County. For Bids, RFP, RFQ, Bid Results and other information visit the St. Lucie County Purchasing Web Site at http://www.co.st-Iucie.fl.us. St. Lucie County is an Equal Opportunity/Affirmative Action Employer. PUBLISH: Board of County Commissioners St. Lucie County, Florida By, Miohael ";JPO' CPPB, P",chasio, Dicectm SUnday,~ 17,2002 BILL & PROOF: Board of County Commissioners 2300 Virginia Avenue Ft. Pierce, FL 34982 RFQ # 02-053 2 , ~ ~ . PART I 1-1 1-2 1-3 1-4 1-5 1-6 1-7 1-8 1-9 1-10 1-11 1-12 1-13 1-14 1-15 1-16 1-17 PART II 2-1 2-2 PART III 3-1 3-2 3-3 PART IV 4-1 4-2 4-3 4-4 4-5 PART V 5-1 PART VI 6-1 EXHIBITS RFQ # 02-053 "-' '...I Table of Contents GENERAL INFORMATION DEFINITIONS INVITATION TO PROPOSE; PURPOSE ISSUING OFFICE AWARDS DEVELOPMENT COSTS INQUIRIES PRE-PROPOSAL CONFERENCE AND SITE VISITATIONS TIMETABLES DELAYS PROPOSAL SUBMISSION AND WITHDRAWAL REJECTION OF IRREGULAR QUALIFICATIONS ADDENDA EQUAL OPPORTUNITY ORAL PRESENTATION INSURANCE LOBBYIST DISCLOSURE PUBLIC ENTITY CRIMES STATEMENT STATEMENT OF WORK HARBOUR POINTE PROPERTY BELL PROPERTY INSTRUCTIONS FOR PREPARING QUALIFICATIONS RULES FOR QUALIFICATIONS PROPOSAL FORMAT QUALIFICATIONS QUESTIONNAIRE EVALUATION OF QUALIFICATIONS GENERAL EVALUATION METHOD AND CRITERIA EVALUATION CRITERIA FOR QUALIFICATIONS AND CONCEPTUAL PROPOSALS SUBMITTAL REQUIREMENTS EXPECTED SUBMITTAL REQUIREMENTS FOR PROPOSALS PROPOSER INFORMATION PROPOSER INFORMATION FORM QUESTIONNAIRE PROPOSER'S QUESTIONNAIRE FORM EXHIBIT "A" OWNERSHIP MAP EXHIBIT "B" PORT MASTER PLAN EXHIBIT "C" UTILITY LOCATION MAP 3 .", ....., ¡ . GENERAL INFORMATION PART I 1-1 DEFINITIONS For the purposes of this Request for Statement of Qualifications (RFQ), Proposer shall mean contractors, respondents, organizations, firms, or other persons submitting a response to this Request for Qualifications. 1-2 INVITATION TO PROPOSE; PURPOSE This RFQ provides guidelines for the submission of statement of qualifications to enter into a lease agreement with the St. Lucie County Board of County Commissioners covering some or all of the property shown on Exhibit "A", attached, as described in Part II and Part III of this RFQ for the purpose of designing, building and operating a development on some or all of the property. 1-3 ISSUING OFFICE AND LOCATION OF PROPOSAL OPENING St. Lucie County Purchasing Department Administration Annex 2300 Virginia Avenue, Room 228 Fort Pierce, Florida 34982 1·4 CONTRACT AWARDS The County anticipates entering into a lease with the Proposers who submits the statement of qualifications judged by the County to be most advantageous. The County anticipates awarding one lease, but reserves the right to award multiple leases if in the County's best interest. The Proposer understands that this RFQ does not constitute an agreement, a contract or a Lease with the Proposer. An official contract, agreement or lease is not binding until statement of qualifications/proposals are reviewed and accepted by the County as spelled out in this request and an agreement or lease executed by the parties. The County reserves the right to reject all statement of qualifications, to waive any informalities, and to solicit and readvertise for other proposals. RFQ # 02-053 4 "" '" . 1-5 DEVELOPMENT COSTS Neither the Board nor its representatives shall be liable for any expenses incurred in connection with preparation of a response to this RFQ. Proposer should prepare their Qualifications simply and economically, providing a straightforward and concise description of the Proposer's ability to meet the requirements of the RFQ. 1-6 INQUIRIES The County will not respond to oral inquiries. Proposers may mail or fax written inquiries for interpretation of this RFQ to: Michael Rath, CPPO, CPPB St. Lucie County Purchasing Director 2300 Virginia Avenue, Room 228 Fort Pierce, Florida, 34982. (561) 462-1294 (fax) The County will respond to written inquiries if received at least 7 working days prior to the date scheduled for receiving the Qualifications. The County will record its responses to inquiries and any supplemental instructions in the form of a written addendum. If addenda are issued, the County will mail or fax written addenda at least 5 working days before the date fixed for receiving the Qualifications. This will be adhered to even if the opening date must be postponed in order to observe the time requirements. The County will send written addenda to all Proposers who receive the RFQ. 1-7 PRE-PROPOSAL CONFERENCE AND SITE VISITATIONS A Voluntary pre-submission conference and site tour will be held on Friday, April 15, 2002 at 10:00 a.m. EST at the County's Administrative Building, 2300 Virginia Ave., Ft. Pierce, FL 34982. 1-8 TIMETABLES The Board and the Proposers shall adhere to the following schedule in all actions concerning this RFQ, A. On March 17,2002, the Board issues the RFQ, RFQ # 02-053 5 '-' ...." ') J I B. From March 17,2002 to April 22, 2002, the County will receive and answer inquiries received by mail. C. A voluntary pre-submission conference and site tour will be held on Friday, April 15, 2002 at 10:00 a.m, EST at the County's Administrative Building, 2300 Virginia Ave., Ft. Pierce, FL 34982. C. The County must receive the Qualifications by 2:00PM on Wednesday, May 1, 2002. D. From opening time, the Board and County staff will review and evaluate the Qualifications on a timely basis. E. From opening time, a Review Committee will review, evaluate the statement of qualifications/proposals as prescribed herein and make a recommendation to the St. Lucie Board of County Commissioners on at timely basis. F. The County Commission may hold a workshop to review the recommendations of the Review Committee. G. The County Commission will establish a final ranking of the statement of qual ifications/proposals. H. Following evaluations of Qualification and Conceptual Proposals, more detailed proposals may be sought from one or more Proposers, but not more than three (3), determined during Phase 1 to be most qualified. I. The County may enter into a contract after conducting negotiations and obtaining appropriate approvals. The County will notify unsuccessful Proposers at this time, 1-9 DELAYS The County may delay scheduled due dates if it is to the advantage of the County. The County will notify Proposers of all changes in scheduled due dates by written addenda. 1-10 PROPOSAL SUBMISSION AND WITHDRAWAL The County will receive Qualifications at the following address: RFQ # 02-053 6 '-"" ...", , ; ~ . SI. Lucie County Purchasing Department Administration Annex 2300 Virginia Avenue, Room 228 Fort Pierce, Florida 34982 To facilitate processing, please mark the outside of the envelope as follows: "RFQ #02-053 Port of Fort Pierce, FL, Design, Build and Operation for Developmentof87 Acres or a Portion Thereof". The envelope shall also include the Proposer's return address. Proposers shall submit ten copies (10) including one marked original on the outside (with an original signature inside) of the proposal in a sealed, opaque package marked as noted above. The Proposer may submit the proposal in person or by mail. THE COUNTY MUST RECEIVE All QUALIFICATIONS BY 2:00PM ON WEDNESDAY MAY 1, 2002. Due to the irregularity of mail service, the County cautions Proposers to assure actual delivery of Qualifications to the County prior to the deadline set for receiving Qualifications. Telephone confirmation of timely receipt of the proposal may be made by calling (561)462-1700 before proposal opening time. Qualifications received after the established deadline will be returned unopened to the Proposer. Proposers may withdraw their Qualifications by notifying the County in writing at any time prior to the opening. Proposers may withdraw their Qualifications in person or through an authorized representative. Proposers and authorized representatives must disclose their identify and provide a signed receipt for the proposal. Qualifications, once opened, become the property of the County and will not be returned to the Proposers. Upon opening, Qualifications become "public records" and shall be subject to public disclosure in accordance with Chapter 119, Florida Statutes. 1-11 IRREGULARITIES; REJECTION OF QUALIFICATIONS Qualifications not meeting stated minimum terms and qualifications may be rejected by the County as non-responsive or irregular. However, the County reserves the right to waive any irregularities, technicalities or informalities in any proposal. The County reserves the right to reject the Proposal of any Proposer in arrears or in default upon any debt or contract to the Board of County Commissioners of SI. Lucie County or who have failed to perform faithfully any previous contract with the County or RFQ # 02-053 7 ---",=-ç"..,~ '-' ...., . J I, with other governmental jurisdictions. The County reserves the right to reject any or all Qualifications without cause. 1-12 ADDENDA If revisions become necessary, the County will provide written addenda at least five working days prior to the opening date to all Proposers who receive the RFQ. This will be adhered to even if the opening date must be postponed in order to observe the time requirements. Any changes to the RFQ will be made available for all prospective proposers to receive. Although we will make an attempt to notify you of the addendum, it is the sole responsibility of the proposer to ensure it is received. 1-13 EQUAL OPPORTUNITY The County recognizes fair and open competition as a basic tenet of public procurement and encourages participation by minority and women business enterprises. 1-14 ORAL PRESENTATION At their discretion, the County may require any Proposer to make an oral presentation of the statement of qualifications/proposal. These presentations provide an opportunity for the Proposer to clarify the statement of qualifications/proposal for the County. The County will schedule any such presentations. 1-15 INSURANCE The Proposer, if awarded a contract, shall maintain insurance coverage reflecting the minimum amounts and conditions required by the County. 1-16 LOBBYIST DISCLOSURE REQUIREMENT Pursuant to Article IV of Chapter 1-2 of the Code of Ordinances of SI. Lucie County, Florida, any professional consultant who utilizes the services of a lobbyist as defined in Section 1-2-62 is required to make full disclosure with the Clerk of the Board prior or concurrently with the submission of a proposal to the Board for the performance of any services for the Board. Such disclosure shall include the following: A. The name of any lobbyist employed directly or indirectly by the consultant for the purpose of influencing or attempting to influence the selection of the professional consultant by the Board, RFQ # 02-053 8 '-" ...¡ '. B. The name and address of the lobbyist. C. The length of such agreement, contract or understanding and the amount of any fee, gratuity, compensation or consideration paid or promised to be paid to the lobbyist either before or after hiring whether or not same is set out as compensation for the lobbying or is for other services. The disclosure shall be filed with the Clerk on forms provided by the Board and such records shall be open to the public. 1·17 PUBLIC ENTITY CRIME STATEMENT 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 the County, may not submit a bid on a contract to the County for the construction or repair of a public building or pUblic work, may not submit bids on leases of real property to the County, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the County, and may not transact business with the County in excess of $10,000.00 for a period of 36 months from the date of being placed on the convicted vendor list. The County will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The County shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the County. RFQ # 02·053 9 '-" ...; , . PART II STATEMENT OF WORK This RFQ is for the purpose of entering into a lease to design, build and operate a development on some or all of the following property: 2.1 HARBOUR POINTE PROPERTY The Board of County Commissioners acquired this twenty (20) acre parcel as a result of Voter approval of a general obligation bond in November 1996. The property is undeveloped and has no infrastructure or docks/berths on site. Water, wastewater, natural gas, and electrical services are available some distance away. The use of the property is restricted to tourism, recreational, or marine commercial uses. Proposals should reflect uses that are consistent with both the uses referenced above and the Port Master Plan (2002). Please refer to Exhibits. 2.2 BEll PROPERTY The Board of County Commissioners is currently negotiating with the owner of sixty-seven (67) acres of undeveloped property adjacent to the Harbour Pointe parcel. On site infrastructure is limited and no docks/berths exist. Water, wastewater, natural gas, and electrical services are located nearby. Proposals should reflect uses that are consistent with the Port Master Plan (2002). Please refer to Exhibits. The proposal shall propose a development plan for all or part of the combined 87 acres of undeveloped Port property. The Proposer is responsible for determining the conditions of the property that may affect the development of the property including, but not limited to, existing uses and conditions, environmental issues and permits, the City of Fort Pierce land Development Regulations, and st. Lucie County Port of Fort Pierce Master Plan. RFQ # 02-053 10 '-' ..., , . INSTRUCTIONS FOR PREPARING QUALIFICATIONS PART III 3.1 RULES FOR PROPOSALS The statement of qualifications/proposal must name all persons or entities interested in the statement of qualifications/proposal as principals. The proposal must declare that it is made without collusion with any other person or entity submitting a statement of qualifications/proposal pursuant to this RFQ. 3.2 PROPOSAL FORMAT Proposers shall prepare their statement of qualifications/proposals using the following format: A. Letter of Transmittal. This letter will summarize in a brief and concise manner, the Proposer's understanding of the Scope. The letter must name all of the persons authorized to make representations for the Proposer, including the titles, addresses, and telephone numbers of such persons. An official authorized to negotiate for the Proposer must sign the Letter of Transmittal. B. Oraanization Profile and Qualifications. This section of the statement of qualifications/proposal must describe the Proposer, organization and qualifications. The following information shall be provided on the proposer and organization: 1. Identification and type of legal entity(ies) which will develop and implement the Project, and which will contract with the County for the ground lease, including all joint venture/limited partners and percentage interest and capital/equity committed to the entity. 2. Intended role of each development partner/major consultant in the implementation of the development and the responsible entity(ies) in the organizational structure for ongoing project management and operations, including marine related and non· marine related elements of the Project. 3. Role and resumes of project manager and key individuals who would implement and operate this Project. RFQ # 02-053 11 "" ..J .' 4. Key consultants and relevant design, build and operate experience including, but not limited to, mixed use development, financial, marketing, architecture, engineering, general contractor (if known), environmental, regulatory and legal consultants, including experience on: a) Marine related/commerciallretail projects; b) Industrial development projects; c) waterfront development projects; d) other development projects with public entities; and/or e) mixed use development in urban settings. 5. Description of lead negotiator and identification of any limitations to their authority to contractually bind the entity in negotiations. 6. Proof that the Proposer is authorized to do business in the State of Florida and, if a corporation, must be incorporated under the laws of one of the States of the United States. 7. The statement of qualifications/proposals must also include recent and pertinent references, including bank references, contact name, telephone number and address. The following information shall be provided on the Proposers qualifications and Experience. Relevant design, build and operate project experience, particularly with marine related facilities, mixed use commercial developments in waterfront locations, developments with other public entities, and mixed use development in urban settings, including the following information for each project identified: 1. Location and photographs; 2. Size (rentable area), tenant mix, anchor tenants; 3. Development time line from proposer selection/site control to completion of construction, indicating any phasing, if relevant; 4, Project cost, capital and financing sources used, and economic performance; 5. General description including role of development entity; unique challenges of project, occupancy, history; RFQ # 02-053 12 '-' ...; 6. Current managemenVowner and public agency contact; 7. Whether or not development was undertaken in conjunction with public entities, with reference/contact information. 8. Identification of development entity and explanation if different from the proposed proposer for the project; and 9. Identification of operator/manager and explanation if different from the proposed operator/manager for the project. C. Scope, This section of the statement of qualifications/proposal shall explain the Scope as understood by the Proposer. D, Proposed Use. The Proposer should identify the proposed use of the property, including: 1. Narrative concept of the proposed project which must be compatible with the Project Goals and Objectives, and an explanation of how the proposed project furthers public trust objectives. 2. Narrative description of proposed development program, including maritime, commercial, industrial, retail, public access and other uses on proposed commercial site, including proposed tenant mix by tenant and type of use and square footages; parking; treatment of the County and the City of Fort Pierce planning and land use and design objectives for project elements; potential business occupants and operations; the concurrence of key tenants with the concept, if available, and a preliminary cost estimate, and projected summary financial pro-forma and funding plan (debt/equity ratio and sources of both). 3. Evidence of business relationships with retail, commercial, marine related and other prospective tenants indicating their willingness to participate with the proposer in the project shall be included. E. Proposed Location. The Proposer shall identify the proposed location for each proposed lease agreement. Please note that the County reserves the right to determine the location for RFQ # 02-053 13 ..." ....J each successful proposer in the County's best interest. F. Proposed Lease. The Proposer should state the net annual lease rent to be paid to the County for each location and the total proposed net annual revenue to the County. As indicated in Section 1-5, the County reserves the right to award one or more leases as the County determines in its best interest. G. Proposed Timeframes. The Proposer should identify when the Proposer intends to construct its improvements, The Proposer should also identify when it will require the completion of construction of the improvements for Berths 1, 2, 3, or 4 to implement its project successfully. Project schedule shall include anticipated timetable; start of construction, open for business and first year of stabilized rent. H. Commitment to Meet Project Goals and Objectives and Other Terms 1 . Agreement to meet the County's financial objectives for a guaranteed fair market rent with cost of living adjustments, anticipation in future increased revenues, protection from risk, and maintenance of income, and to provide completion guarantees. 2. Agreement to meet the County's and the City of Fort Pierce's planning and land use objectives and design objectives. 3. Agreement to meet the County's requirements for the initial exclusive negotiations period and for any extension to the three (3) month period of Exclusive Negotiations. 4. Agreement to Key Ground Lease Terms set forth in Section IV, and/or discussion of areas of disagreement with an explanation and suggestion of an aiternative way to address the issue. I. Proposed Depths. The Proposer should state that they can operate with the 28' depth of the channel and turning basin now and in the future. J. Financial Statement. The Proposer shall provide a financial statement and a pro Forma on the proposed project under a separate cover. Respondents must clearly designate those financial submittals that it in good faith determines to be a trade secret or confidential proprietary information protected from disclosure under applicable law, To the extent permitted by law, the County will attempt to maintain the confidentiality of such financial RFQ # 02-053 14 RFQ # 02-053 '- ,"'" submittals. However, such confidentiality cannot be assured. Evidence of access to equity capital and financing resources to carry out proposed project, supported by: 1. The most recent available credit report and an unaudited financial statement for the past four (4) years of each principal and joint venture participant, including statement of changes in financial position and statements of any parent organizations and any materially relevant subsidiary units, identifying any projects with negative cash flows, amount of Proposer's recourse debt, any non-performing loans, and the amount of guarantees and/or contingent liabilities. 2. Composition of current real estate portfolio, listing the following for each project: project name, type, location (city, site), date completed, project size (rentable area), value, debt, role (Proposer, operator, property manager, etc.), ownership interest, and occupancy rate. 3. Recent history (preferable within the last 2-3 years) in obtaining financing commitments, detailing type of project, financing source, amounts committed, etc. 4, List and description of all projects in pipeline including status, development schedule and financial commitment required of Proposer/operator, a detailed description of the project financing methods, sources and amounts, and any working relationship (on other projects) with members of the proposed team (on this project). 5. Identification of specific relationships (and contact information) with sources of equity/debt capital and their indication that the project outlined by the County is consistent with their investment criteria for a project of this size and type. 6. A written statement from each financing source that the equity and/or subordinate mortgage capital is available or will be made available for funding the proposed project and that the project outlined by the County is consistent with the source's investment criteria for a project of this size. In lieu of a letter of commitment, respondents may submit written statements from their financing sources describing size of the project and other pertinent information which will assist the County in determining the availability of equity or subordinate mortgage capital to fund the project. 15 '- .....,; 7. Address whether the respondent or any participating team members have been involved in any litigation or other legal dispute regarding a real estate venture during the past five (5) years. In the explanation, include information regarding the outcome of any material litigation or dispute, Also, indicate if the respondent or any participating team members have ever filed for bankruptcy, or have owned or controlled projects that have been foreclosed, or have had fines levied by the governmental agencies. Include the date of occurrence, contact person, telephone number and address. K. Additional Data. Any additional information which the Proposer considers pertinent for consideration should be included in a separate section of the statement of qualifications/proposal. This section shall be limited to 20 pages. 3-3 QUALIFICATIONS QUESTIONNAIRE Each proposer is required to submit the attached Qualification Questionnaire. As the questionnaire will be reviewed by a number of people, the proposer shall submit ten (10) copies of the questionnaire and requested materials. RFQ # 02-053 16 '-' ~ EVALUATION OF QUALIFICATIONS Part IV 4.1 General The County shall be the sole judge of its own best interests, the best Proposal, and the resulting negotiated agreement. The County reserves the right to investigate the financial capability, reputation, integrity, skill, business experience and quality of performance under similar operations of each Proposer making an award, Awards, if any, will be based on both an objective and subjective comparison of Proposals and Proposers. The County's decisions will be final. The County's evaluation criteria will include, but shall not be limited to, consideration of the following: 1, past performance records; 2. ability to meet standards; 3. expertise of human resources; 4. technical soundness of proposal; 5. time frames for development; 6. related experiences in other ports; 7. references; 8. financial resources and capabilities; 9. proposed use of the property consistent with the Port Master Plan. The selection process will be a two-phase process. Following the opening of statement of qualifications/proposals, the statement of qualifications/proposals will be reviewed by a Review Committee appointed by the County. The Review Committee may schedule interviews with qualified Proposers. The recommendations of the Review Committee as to the award of statement of qualifications/proposals will be submitted for approval to the 51. Lucie County Board of County Commissioners. The County Commission may request a workshop session to review the recommendations prior to any formal Board action. At the workshop, the County Commission may schedule interviews with the most meritorious Proposers. During said interviews, each Proposer will be given an opportunity to explain and elaborate on its statement of qualifications/proposal. However, these meetings are for elaboration on submitted information. New proposals or material changes to original statement of qualifications/proposals will not be allowed. RFQ # 02-053 17 '-' ....J , . The County Commission may then rank the statement of qualifications/proposals and invite one or more Proposers to submit more detailed proposals. Following Review Committee's evaluation of the proposal(s) and possible public presentation, exclusive negotiations with one or more Proposer may be recommended to County Commission. The County Commission may then decide to enter into exclusive negotiations with one or more Proposer. If there are two or more proposals with mutually exclusive proposals, the County reserves the right to enter into exclusive negotiations with two or more proposers. If the County determines that the County is unable to negotiate a satisfactory lease with the firm or firms considered to be the most qualified at a price the County determines to be fair, competitive and reasonable, negotiations with the firm shall be formally terminated. The County shall then direct staff to undertake negotiations with the next most qualified firms. The St. Lucie County Board of County Commissioners reserves the right to waive any irregularities and reserves the right to reject any and all proposals for any reason whatsoever. 4.2 EVALUATION METHOD AND CRITERIA The County will conduct the selection process in accordance with the procedures outlined herein. The County is the sole and final decision-maker regarding this selection and it reserves the right to reject all submittals, proposals and/or terminate lease negotiations at any time. A. Phase 1: Request for Statement of Qualifications and Conceptual Proposals In Phase 1, interested parties will submit statements of qualifications ("Qualifications"), and a narrative description of the proposed use concept and development program ("Conceptual Proposal") in response to this RFQ. A Voluntary pre-submission conference and site tour will be held on Friday, April 15, 2002 at 10:00 a.m. EST at the County's Administrative Building, 2300 Virginia Ave., Ft. Pierce, FL 34982. Any questions from potential Proposers may be addressed to County staff at this meeting. Questions answered at the meeting will also be answered in writing. All written responses will be made available to all potential Proposers who register at this meeting or who picked up the RFQ document. Written submittals delivered by 2:00 PM on May 1, 2002 indicated herein will be reviewed by a committee appointed by the County Administrator The staff may schedule interviews with qualified Proposers. The review committee will then rank the firms in order of qualifications, RFQ # 02-053 18 \.., ....J ... ,. The recommendations of the Committee as to the ranking of the quaiifications/proposals will be submitted for approval to the 51. Lucie County Board of County Commissioners. The County Commission may request a workshop session to review the recommendations prior to any formal action by the Board. At the workshop, the County Commission may schedule interviews with the most meritorious Proposers. During the Phase 1 review period, members of a review committee, consultants retained by County, and/or the County Commission may, at their discretion, contact references and industry sources, investigate previous projects and current commitments, interview some or all of the Proposers and their team members, and take any other information into account in their evaluation of the responses. The County reserves the right to request clarification or additional information from Proposers. The S1. Lucie Board of County Commissioners will then approve a final ranking of the Proposers. B. Phase 2: Request for Proposals Following evaluations of Qualification and Conceptual Proposals, more detailed proposals may be sought from one or more Proposers, determined during Phase 1 to be most qualified. The 51. Lucie County Board of County Commissioners will make this determination at the time that the final ranking is approved. The County reserves the right to delay this determination for a period not to exceed 60 days after the determining the final ranking. Additional information will be forthcoming regarding the Phase 2: Request for Proposals procedures and requirements. Phase 2 Proposals must be accompanied by a $50,000 Proposal Bond in the form of a Cashier's Check made payable to 51. Lucie County, Florida or a Letter of Credit from a bank located in S1. Lucie County, Florida. The Bond will be refunded to the non-successful proposers. Proposals will be reviewed and evaluated according to the "Evaluation Criteria for Proposals" contained herein. C. Phase 3: Exclusive Negotiations Following County staff's evaluation of the proposal(s) and possible public presentation, exclusive negotiations with one Proposer may be recommended to County Commission. If the County Commission decides to enter into exclusive negotiations with one Proposer, the Proposer and County will sign an Exclusive Right to Negotiate agreement, which will cover the respective responsibilities RFQ # 02-053 19 \..f ....J and obligations that will exist during the period of exclusive negotiations, and will set forth County's commitment not to enter negotiations concerning the site with any other party during the period of exclusive negotiations. If there are two or more proposals with mutually exclusive proposals, the County reserves the right to enter into exclusive negotiations with two or more proposers. The Exclusive Right to Negotiate will provide for one option to extend the exclusive negotiation period. The Exclusive Right to Negotiate may be terminable by County at stated periods ¡fthe Proposers has not met certain benchmarks to be set forth in the Exclusive Right to Negotiate. During the exclusive negotiation period, the parties will accomplish the following: 1. Draft development documents, memorandums and management agreements, if applicable, will be negotiated in a form approved by County Attorney, which will include, but not be limited to, County and Proposers responsibilities, economic parameters development standards and requirements, and performance benchmarks and schedules; 2. The Proposers will seek to obtain preliminary sublease commitments (e.g. letters of intent) from the proposed major users of the development during this period; 3. The Proposers will be required to obtain financial commitments from lenders and/or equity participants during this period; 4. The Proposers will apply for, pay fees and fund consultants and provide information as necessary to complete required environmental review. 5. The Proposers will establish a schedule for any subsequent environmental review and regulatory approvals that may be necessary and shall initiate such reviews and approvals; and 6. The Proposers will complete its "due diligence" review of the site, prepare financial projects, and complete preliminary development plans including, but not limited to, floor plans, elevations and renderings. The Proposers should anticipate extensive and substantive discussions with County's staff during the period of exclusive negotiations. The Proposers also should anticipate revisions to the proposed project concept as a result of the review process, as well as new information concerning the site. County will work with the selected Proposers to achieve a final project that is mutually acceptable. County will permit access to the site for review of existing conditions pursuant to County's standard procedures. RFQ # 02-053 20 \...r -..J 4.3 EVALUATION CRITERIA FOR QUALIFICATIONS AND CONCEPTUAL PROPOSALS In Phase 1, emphasis will be placed on the directly relevant qualifications and financial capacity of the Proposers and its team as well as the general appeal and soundness of Conceptual Proposals. A. Qualification and Experience to Develop and Operate a Mixed-Use and/or Marine Related Industries Project. 1. Experience of the proposer and development team in the successful development, operation and economic performance of significant mixed use and/or marine related industries projects in urban or waterfront locations in a complex regulatory environment. 2. Ability of the proposer and development team to implement complex development projects effectively. 3. Prior experience and success in marketing, programming and ongoing property management and operations for the mix of uses proposed by the proposer. 4. Ability of the proposer's team to effectively market the project and to program the site for year round activity. 5. Evidence of the proposer's ability to successfully complete the development of the project and operate and manage a financially sound project, based upon (I) the ability to obtain debt and/or equity capital sufficient to complete the development from institutions acceptable to the County; (ii) the requirements that any lease income or other monies payable to the County be senior to any proposer debt or equity obligations; (iii) demonstrated ability to meet all financial and other requirements. 6. Establishment of clear lines of responsibility within the proposer's organization on which the County can rely during negotiations and implementation of the project. 7. Experience, qualifications and local presence of the proposer technical advisors and consultant team, as demonstrated by comparable projects. 8. Prior success with respect to architectural and urban design quality and quality of public amenities. RFQ # 02-053 21 '--' ..." " , . 9. A commitment to meet the County's Terms and Conditions of Offering set forth in Section III of this RFQ. 10. Understanding of the regulatory approvals process, as reflected in the proposer's advisors and consultant team and the project schedule and Conceptual Proposal. 11 . Other factors, as appropriate. B. Conceptual Proposal: 1, Overall compatibility with the Port of Fort Pierce Master Plan. 2. A Conceptual Proposal that addresses the Project Goals and Objectives set forth in Section II of the RFQ. 3. Design, Costs and Schedule for making the improvements. 4. Other factors, as appropriate. C. Evaluation Criteria for Proposals In Phase 2 of the Proposal Phase of the selection process, the evaluation will be based upon, but not limited to, the following criteria: 1. The criteria used in evaluating the responses in Phase 1. Please note that "short- listed" Proposers will be allowed to revise and/or supplement their Phase 1 submittals to make adjustments to add or change team members, consultants, respond to further public comments, direction from reviewing agencies or the County, or othervvise reflect changed circumstances. 2. Further refinement of the development concept, including: · the nature of the proposed tenancies · the design and overall physical plan · the marketing plan · the achievement of the Project Goals and Objectives set forth in Section II · approach for promoting public trust objectives and complying with trust use RFQ # 02-053 22 t ' RFQ # 02-053 \-- .....J restrictions · other criteria deemed appropriate by the County 3. The economic proposal to the County, including: · ground lease rent · participation renUpercentage rent · length of term · rent adjustments · maintenance and management responsibility for the Project · construction period rent · other criteria deemed appropriate by the County 4. The feasibility of the Project, including: · the project economics · the concurrence of key tenants with the concept · marketing program · timetable for development · evidence of the financing resources available to complete the Project · other criteria deemed appropriate by the County. 5. The Design, Costs and Schedule for making the improvement. 6. Other factors including, but not limited to, understanding and demonstrated ability and flexibility necessary to obtain key approvals and community and user support in a complex political and regulatory environment. Each of the six (6) sets of criteria listed above shall be given equal weight in the evaluation of proposals submitted during Phase 2. However, the County reserves the right to consider other factors as appropriate and to request additional or updated information. If, following Phase 1 (the qualifications and conceptual proposal phase), the County Commission elects to proceed to Phase 2 (the proposal phase), then the Proposers will be required to submit proposals consistent with the Submittal Requirements and subject to the Evaluation Criteria for Proposals. Please note that the County may provide additional information about Phase 2 to the "short- 23 '-' .....I , listed" Proposer(s) at an appropriate time if deemed necessary. 4.4 SUBMITTAL REQUIREMENTS Submittal Requirements for Qualifications and Conceptual Proposals Ten (10) sets including one (1) marked original of the information requested below shall be submitted, with the exception of Financial Capacity materials of which one original and two (2) copies are to be submitted under separate cover. Please submit materials in keeping with the following format. A. Letter of Transmittal B. Organization Profile and Qualifications C. Scope D. Proposed Use E. Proposed Lease F. Proposed Timeframes G. Proposed Depths H. Commitment to Meet Project Goals and Objectives and Other Terms I. Additional Data 4.5 EXPECTED SUBMITTAL REQUIREMENTS FOR PROPOSALS - NOTE: THIS IS THE SECOND, FUTURE PHASE OF THE SELECTION PROCESS The County at this time has identified the following materials as possible submittals for the second phase RFQ. This should not be considered an exhaustive list, and items on this list may be modified, Note: Any proposer asked to submit proposals for the second phase will be provided further instructions at that time, A. Improvements to the Qualifications Submittal Revised narrative description of proposed development program to augment Conceptual Proposal submitted in Phase 1. B. Conceptual Drawings Elevations, floor plans and sections showing all key elements of the project. RFQ # 02-053 24 '-' ...I . . C. Diagrams of Proposed Uses and Locations Sketch diagrams and renderings, including public spaces and the Commercial Center/Marine Related Facilities. D. Project Costs Breakdown of construction and development costs including hard and soft costs. E. Marketing Plan Types of uses sought or proposed, and locations within the development project. F. Funding Plan to fund development costs, including proportion of equity cash and unsubordinated debt, and source of funds; renewed evidence of financing resources and their concurrence with the proposed development program. G. Transaction Structure Anticipated structure of transaction with the County, including ground lease and development agreement - utilized below in financial pro-forma. H. Detailed Financial Pro-forma First year of stabilized operations, first full year following expiration of existing major leases, and twenty-year cash flow clearly showing gross income, operating expenses, vacancy, reserves, debt service, net operating income and the County rent. I. Business Terms Ground lease rent, participation rent, length of term, adjustment to rent, maintenance and management responsibility, and completion guarantees. J. Income Projection to the County RFQ # 02-053 25 \..- ...",J Guaranteed rent and participation rent for the ground lease during the first twenty (20) years of operation. K. Project Schedule Complete negotiations, secure entitlements, convey ground lease, commence construction, complete tenant improvements, and full rent-up. L. Proposal Bond RFQ # 02-053 26 '-' ...J " PROPOSER INFORMATION Part V 5.1 PROPOSER INFORMATION FORM Submitted by: Proposer (Entity): Signature: Name (Typed): Address: City/State: Telephone: Fax: It is understood and agreed by proposer that the County reserves the right to reject any and all proposals, to make awards on all items or any items according to the best interest of the County, and to waive any irregularities in the RFP or in the proposals received as a result of the RFP. It is also understood and agreed by the proposer that by submitting a proposal, proposer shall be deemed to understand and agree than no property interest or legal right of any kind shall be created at any point during the aforesaid evaluation/selection process until and unless a contract has been agreed to and signed by both parties. (Authorized Signature) (Date) (Printed Name) Proposer must sign below to acknowledge receipt of addendum (if necessary). Amendment NO.1: Amendment NO.2: Amendment NO.3: RFQ # 02-053 27 '-' . . . , 6.1 PROPOSER'S QUESTIONNAIRE Proposer's Name: Principal Office Address: Official Representative: Individual Partnership (Circle One) Corporation If a Corporation. answer this: When Incorporated: In what State: If Foreian Corporation: Date of Registration with Florida Secretary of State: Name of Resident Agent: Address of Resident Agent: President's Name: Vice-President's Name: Treasurer's Name: Members of Board of Directors: If a Partnership: Date of organization: General or Limited Partnership·: Name and Address of Each Partner: NAME RFQ # 02-053 QUESTIONNAIRE Part VI ADDRESS 28 .."J '-' ....¡ .. "',. Questionnaire (continued) · Designate general partners in a Limited Partnership I. Number of years of relevant experience in operating similar business: 2. Have any similar agreements held by proposer for a project similar to the proposed project ever been canceled? Yes ( ) No ( ) If yes, give details on a separate sheet. 3. Has the proposer or any principals of the applicant organization failed to qualify as a responsible bidder, refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the last 5 years? If yes, please explain: 4. Has the proposer or any of its principals ever been declared bankrupt or reorganized under Chapter 11 or put into receivership? Yes ( ) No ( ) If yes, give date, court jurisdiction, action taken, and any other explanation deemed necessary. 5. Person or persons interested in this Qualification Form (have) (have not) been convicted by a Federal, State, County, or Municipal Court of any violation of law, other than traffic violations. To include stockholders over ten percent (10%). (Strike out inappropriate words) Explain any convictions: 6. Lawsuits (any) pending or completed involving the corporation, partnership or individuals with more than ten percent (10%) interest: A. List all pending lawsuits: B. List all judgments from lawsuits in the last five (5) years: RFQ # 02-053 29 \..,. """ .. I ..). Questionnaire (continued) C. List any criminal violations and/or convictions of the proposer and/or any of its principals: WITNESSES: IF INDIVIDUAL: Signature Signature Print Name Print Name WITNESSES: IF PARTNERSHIP: Signature Print Name of Firm Print Name Address By: Signature (General Partner) (Print Name) (Print Name) WITNESSES: IF CORPORATION: Signature Print Name of Corporation Print Name Address By: President Attest: Secretary (CORPORATE SEAL) RFQ # 02-053 30 · -.' CURRENT PORT OWNERSHIP ~ COUNTY (HARBOR POINTE) ~ ALONSO PROPERTY ~ BELL PROPERTY ~ MARCONA LEASE \ \ ..-"-,) \ ~ ..- ;;; \l~II?- ~ \ <;!. -- C\" =-- \ ~ \.---êiii"- -\ "t- ~~~OR \ \ \ 'Í- \ \ \ \ \ 0 \ 1);. \ "f- \ \ \ \ \ \ \ \ \ 7 _____~ ~ ~ EXHIBIT "A" ~ ~ N.T.S. \ \ \ \ \ \ \ \ \ \ // V ~ ~ \ ~ TURNING BASIN CURRENT PORT OWNERSHIP ... z'" ?:os 2 0,," !\On ¡;¡.. ,. EXHIBIT . A· 02.02-l-þIC \ \ \ \ \ \ \ \ REVISIONS ~ '-' '.J ADDITION AGENDA REQUEST ITEM NO. R Al DATE: March 12.2002 REGULAR [xx ] PUBLIC HEARING [ ] CONSENT [ TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: City of Fort Pierce, Annexations - Ordinances K 129 - 137 BACKGROUND: See attached Memorandum. RECOMMENDA TION/ CONCL USION: Staff recommends thatthe Board determine whether to authorize the County Attorney to file a Petition for Writ of Certiorari challenging the adoption of Ordinances K-129- 134. COMMISSION ACTION: o glas M. Anderson ounty Administrator ({] APPROVED [] DENIED [ ] OTHER: (3-2) (Barnes/Coward) [X] County Attorney: ~ Review and Approvals []Management & Budget: [] Purchasing:_ []Originating Dept: [] Leisure Svs. []Comm.Develop: (JFinance: (check for copy only, if applicable) Effective 5/96 '-" ...." INTER-OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel Mcintyre, County Attorney c.A. NO: 02-353 DATE: March 11, 2002 SUBJECT: City of Fort Pierce Annexations - Ordinances K 129-137 BACKGROUND Attached is a coPy of a map illustrating the effect of annexations approved by the City of Fort Pierce on February 19,2002. The parcels are identified by the City Ordinance Number (i.e. K- 129 through K-137). K-131 is a County owned parcel (Ancient Oaks). Also attached are verbatim transcripts of the ordinance public hearings on February 4 and 18, 2002. In reviewing the proposed annexations, County staff believes that the proposed annexations in K-129, 130, 131, 132, 133, 134 are not contiguous in every case and are not reasonably compact as required by Florida law. If the County determines to appeal the City's decision, the County must file a Petition for Writ of Certiorari by March 20, 2002. RECOMMENDA TlONS/CONCLUSION: Staff recommends that the Board determine whether to authorize the County Attorney to file a Petition for Writ of Certiorari challenging the adoption of Ordinances K-129 - 134. DSM/as cc: Community Development Director H:\M~m05\DS MFPsnnf:xatiol1.wpd '-" ...., EXCERPT from the MINUTES OF A REGULAR MEETING OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, HELD IN THE CITY HALL COMMISSION CHAMBERS, 100 NORTH U.S. #1, FORT PIERCE, FLORIDA, AT 7:00 P.M. ON MONDAY, FEBRUARY 4, 2002. ----- ----- Ordinance No. K-129 entitled, "AN ORDINANCE EXTENDING THE TERRITORIAL LIMITS OF THE CITY OF FORT PIERCE, FLORIDA, TO INCLUDE PROPERTY LOCATED AT 4580 OLEANDER AVENUE; DIRECTING THE ST. LUCIE COUNTY PROPERTY APPRAISER TO ASSESS SAID PROPERTY AND PLACE IT ON THE CITY TAX ROLLS AS OF THE FINAL DATE OF ENACTMENT OF THIS ORDINANCE; DIRECTING THE ST. LUCIE COUNTY TAX COLLECTOR TO COLLECT TAXES ON THE HEREIN DESCRIBED PROPERTY; CERTIFYING PUBLICATION OF THIS ORDINANCE; ZONING SAID LAND; ESTABLISHING THE FUTURE LAND USE DESIGNATION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF." was placed on first reading and read by title only. (Owned by: Fort Pierce Lodge) Ordinance No. K-130 entitled, "AN ORDINANCE EXTENDING THE TERRITORIAL LIMITS OF THE CITY OF FORT PIERCE, FLORIDA, TO INCLUDE PROPERTY LOCATED AT 4600 OLEANDER AVENUE; DIRECTING THE ST. LUCIE COUNTY PROPERTY APPRAISER TO ASSESS SAID PROPERTY AND PLACE IT ON THE CITY TAX ROLLS AS OF THE FINAL DATE OF ENACTMENT OF THIS ORDINANCE; DIRECTING THE ST. LUCIE COUNTY TAX COLLECTOR TO COLLECT TAXES ON THE HEREIN DESCRIBED PROPERTY; CERTIFYING PUBLICATION OF THIS ORDINANCE; ZONING SAID LAND; ESTABLISHING THE FUTURE LAND USE DESIGNATION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF." was placed on first reading and read by title only. (Owned by: SLC Shrine Club Holding) Ordinance No. K-131 entitled, "AN ORDINANCE EXTENDING THE TERRITORIAL LIMITS OF THE CITY OF FORT PIERCE, FLORIDA, TO INCLUDE PROPERTY GENERALLY LOCATED BETWEEN U.S. #1, MIDWAY ROAD, OLEANDER BOULEVARD, AND WEATHERBEE ROAD; DIRECTING THE ST. LUCIE COUNTY PROPERTY APPRAISER TO ASSESS SAID PROPERTY AND PLACE IT ON THE CITY TAX ROLLS AS OF THE FINAL DATE OF ENACTMENT OF THIS ORDINANCE; DIRECTING THE ST. LUCIE COUNTY TAX COLLECTOR TO COLLECT TAXES ON THE HEREIN DESCRIBED PROPERTY; CERTIFYING PUBLICATION OF THIS ORDINANCE; ZONING SAID LAND; ESTABLISHING THE FUTURE LAND USE DESIGNATION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF." was placed on first reading and read by title only. (Owned by: St. Lucie County & Fields Motorcars) Ordinance No. K-132 entitled, "AN ORDINANCE EXTENDING THE TERRITORIAL LIMITS OF THE CITY OF FORT PIERCE, FLORIDA, TO INCLUDE PROPERTY LOCATED AT 4565 OLEANDER AVENUE; DIRECTING THE ST. LUCIE '--" ...., COUNTY PROPERTY APPRAISER TO ASSESS SAID PROPERTY AND PLACE IT ON THE CITY TAX ROLLS AS OF THE FINAL DATE OF ENACTMENT OF THIS ORDINANCE; DIRECTING THE ST. LUCIE COUNTY TAX COLLECTOR TO COLLECT TAXES ON THE HEREIN DESCRIBED PROPERTY; CERTIFYING PUBLICATION OF THIS ORDINANCE; ZONING SAID LAND; ESTABLISHING THE FUTURE LAND USE DESIGNATION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF." was placed on first reading and read by title only. (Owned by: Leon & Christine Fowler) Ordinance No. K-133 entitled, "AN ORDINANCE EXTENDING THE TERRITORIAL LIMITS OF THE CITY OF FORT PIERCE, FLORIDA, TO INCLUDE PROPERTY LOCATED AT 4573 OLEANDER AVENUE; DIRECTING THE ST. LUCIE COUNTY PROPERTY APPRAISER TO ASSESS SAID PROPERTY AND PLACE IT ON THE CITY TAX ROLLS AS OF THE FINAL DATE OF ENACTMENT OF THIS ORDINANCE; DIRECTING THE ST. LUCIE COUNTY TAX COLLECTOR TO COLLECT TAXES ON THE HEREIN DESCRIBED PROPERTY; CERTIFYING PUBLICATION OF THIS ORDINANCE; ZONING SAID LAND; ESTABLISHING THE FUTURE LAND USE DESIGNATION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF." was placed on first reading and read by title only. (Owned by: Fred & Betty Averill) Ordinance No. K-134 entitled, "AN ORDINANCE EXTENDING THE TERRITORIAL LIMITS OF THE CITY OF FORT PIERCE, FLORIDA, TO INCLUDE PROPERTY LOCATED AT 4601 OLEANDER AVENUE; DIRECTING THE ST. LUCIE COUNTY PROPERTY APPRAISER TO ASSESS SAID PROPERTY AND PLACE IT ON THE CITY TAX ROLLS AS OF THE FINAL DATE OF ENACTMENT OF THIS ORDINANCE; DIRECTING THE ST. LUCIE COUNTY TAX COLLECTOR TO COLLECT TAXES ON THE HEREIN DESCRIBED PROPERTY; CERTIFYING PUBLICATION OF THIS ORDINANCE; ZONING SAID LAND; ESTABLISHING THE FUTURE LAND USE DESIGNATION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF." was placed on first reading and read by title only. (Owned by: Leon & Mary Wise) Ordinance No. K-135 entitled, "AN ORDINANCE EXTENDING THE TERRITORIAL LIMITS OF THE CITY OF FORT PIERCE, FLORIDA, TO INCLUDE PROPERTY LOCATED AT 3620 SOUTH U.S. #1; DIRECTING THE ST. LUCIE COUNTY PROPERTY APPRAISER TO ASSESS SAID PROPERTY AND PLACE IT ON THE CITY TAX ROLLS AS OF THE FINAL DATE OF ENACTMENT OF THIS ORDINANCE; DIRECTING THE ST. LUCIE COUNTY TAX COLLECTOR TO COLLECT TAXES ON THE HEREIN DESCRIBED PROPERTY; CERTIFYING PUBLICATION OF THIS ORDINANCE; ZONING SAID LAND; ESTABLISHING THE FUTURE LAND USE DESIGNATION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF." was placed on first reading and read by title only. (Owned by: Marc Arnoff) Ordinance No. K-136 entitled, "AN ORDINANCE EXTENDING THE "-' ..." TERRITORIAL LIMITS OF THE CITY OF FORT PIERCE, FLORIDA, TO INCLUDE PROPERTY LOCATED AT 3310 ENTERPRISE ROAD; DIRECTING THE ST. LUCIE COUNTY PROPERTY APPRAISER TO ASSESS SAID PROPERTY AND PLACE IT ON THE CITY TAX ROLLS AS OF THE FINAL DATE OF ENACTMENT OF THIS ORDINANCE; DIRECTING THE ST. LUCIE COUNTY TAX COLLECTOR TO COLLECT TAXES ON THE HEREIN DESCRIBED PROPERTY; CERTIFYING PUBLICATION OF THIS ORDINANCE; ZONING SAID LAND; ESTABLISHING THE FUTURE LAND USE DESIGNATION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF." was placed on first reading and read by title only. (Owned by: Howard Kauff) Ordinance No. K-137 entitled, "AN ORDINANCE EXTENDING THE TERRITORIAL LIMITS OF THE CITY OF FORT PIERCE, FLORIDA, TO INCLUDE PROPERTY LOCATED AT 3401 OLEANDER AVENUE; DIRECTING THE ST. LUCIE COUNTY PROPERTY APPRAISER TO ASSESS SAID PROPERTY AND PLACE IT ON THE CITY TAX ROLLS AS OF THE FINAL DATE OF ENACTMENT OF THIS ORDINANCE; DIRECTING THE ST. LUCIE COUNTY TAX COLLECTOR TO COLLECT TAXES ON THE HEREIN DESCRIBED PROPERTY; CERTIFYING PUBLICATION OF THIS ORDINANCE; ZONING SAID LAND; ESTABLISHING THE FUTURE LAND USE DESIGNATION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF." was placed on first reading and read by title only. (Owned by: Richard Neill & James Neill) Ordinance No. K-138 entitled, "AN ORDINANCE EXTENDING THE TERRITORIAL LIMITS OF THE CITY OF FORT PIERCE, FLORIDA, TO INCLUDE PROPERTY LOCATED AT 814 HARTMAN ROAD; DIRECTING THE ST. LUCIE COUNTY PROPERTY APPRAISER TO ASSESS SAID PROPERTY AND PLACE IT ON THE CITY TAX ROLLS AS OF THE FINAL DATE OF ENACTMENT OF THIS ORDINANCE; DIRECTING THE ST. LUCIE COUNTY TAX COLLECTOR TO COLLECT TAXES ON THE HEREIN DESCRIBED PROPERTY; CERTIFYING PUBLICATION OF THIS ORDINANCE; ZONING SAID LAND; ESTABLISHING THE FUTURE LAND USE DESIGNATION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF." was placed on first reading and read by title only. (Owned by: Odell & Hattie Johnson) Ordinance No. K-139 entitled, "AN ORDINANCE EXTENDING THE TERRITORIAL LIMITS OF THE CITY OF FORT PIERCE, FLORIDA, TO INCLUDE PROPERTY LOCATED AT 1105 HARTMAN ROAD; DIRECTING THE ST. LUCIE COUNTY PROPERTY APPRAISER TO ASSESS SAID PROPERTY AND PLACE IT ON THE CITY TAX ROLLS AS OF THE FINAL DATE OF ENACTMENT OF THIS ORDINANCE; DIRECTING THE ST. LUCIE COUNTY TAX COLLECTOR TO COLLECT TAXES ON THE HEREIN DESCRIBED PROPERTY; CERTIFYING PUBLICATION OF THIS ORDINANCE; ZONING SAID LAND; ESTABLISHING THE FUTURE LAND USE DESIGNATION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF." was placed on first reading and read by title only. (Owned by: Benito & Cynthia Permuy) "'" ...., Ordinance No. K-140 entitled, "AN ORDINANCE EXTENDING THE TERRITORIAL LIMITS OF THE CITY OF FORT PIERCE, FLORIDA, TO INCLUDE PROPERTY LOCATED AT 1201 HARTMAN ROAD; DIRECTING THE ST. LUCIE COUNTY PROPERTY APPRAISER TO ASSESS SAID PROPERTY AND PLACE IT ON THE CITY TAX ROLLS AS OF THE FINAL DATE OF ENACTMENT OF THIS ORDINANCE; DIRECTING THE ST. LUCIE COUNTY TAX COLLECTOR TO COLLECT TAXES ON THE HEREIN DESCRIBED PROPERTY; CERTIFYING PUBLICATION OF THIS ORDINANCE; ZONING SAID LAND; ESTABLISHING THE FUTURE LAND USE DESIGNATION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF." was placed on first reading and read by title only. (Owned by: Carol A. Meany) Mayor Enns declared a Public Hearing on Ordinance Nos. K-129, K- 130, K-131, K-132, K-133,K-134, K-135, K-136, K-137, K-138, K-139, and K-140 in session and asked if anyone in the audience wished to be heard. Mr. Dennis Murphy said he is interim Development Director for St. Lucie County. With him tonight is the County Attorney for St. Lucie County. They are here to raise a couple of issues of concern the County has regarding the annexations listed. They made it a little bit easier than getting up twelve times so he will do all his comments here at once. In regards to Ordinance Nos. K-129 through K-140 excluding K-135, the County would like to voice a concern that they believe these annexations are not consistent with the standards for annexation as described in Chapter 171, Florida Statutes. Specifically they are of the opinion these parcels previously mentioned are not reasonably compact as described in Chapter 171. Also, in regarding to Ordinance No. K-131, they believe this particular annexation fails to meet the definition of contiguous as described in Chapter 171.031(11), Florida Statutes; and that annexation Ordinance Nos. K-139 and K-140 fail to meet the contiguity definition as well as result in the furtherance of the creation of an enclave along Hartman Road. At this time they respectfully request that the Commission defer final action on these annexations until an adequate demonstration of compliance with provisions of Chapter 171, Florida Statutes, has been made. Commissioner Benton said he is just wondering why in the six years he has been a Commissioner this is the first time - with the exception of the proposed airport annexation which they have talked about in the press - that the County is here to sort of oppose annexations that the City has signed agreements for. City Manager Beach said he thinks one of the issues that the County has brought up is the statutes governing annexations. Those statutes governing annexations deal with elections, deal with votes, they deal with a number of issues that have to do with ...... ...." voluntary annexations through a referendum. What Fort Pierce is dealing with and what they have always dealt with are annexation agreements that have been signed as a result of utility service. These are annexation agreements that are entered into voluntarily for a very specific purpose. And this is a legal argument. It is not something they necessarily should listen to what he is saying and they certainly shouldn't listen to what the County is saying. These are legal issues and they are addressed by lawyers; and if lawyers can't agree on it, then it is addressed by the courts. What Staff believes is that the annexation procedures they are following are legal, that they are proper, and that they are appropriate. As they have indicated in the past, if someone believes it is different than that, then they need to take it to the appropriate level to have it evaluated. But Staff genuinely believes what they are doing is legal and proper. Commissioner Benton said that is what bothers him. In the 12 years he has sat on the Planning Board and this Commission, he has never seen the County address these annexations. He knows Gerald James addressed this once and he did win in court. But this isn't going to hurt the County any, this isn't money out of their pocket, unless the City creates a CRA which that is not their intention. Why is it all of a sudden the County seems to be fighting them all the time on things? They need this. These agreements have been signed. Who is sending them here to start this fight? Mr. Murphy said the County is not looking to say the City cannot annex. Clearly they are not in that position. What they are saying, and as Mr. Beach pointed out, they are just looking. Reasonable people are going to disagree for the moment and ultimately it is the lawyers that are going to be the ones who determine consistency with all this. All they are saying is that when they look at the statutory requirements and definitions for annexation, the petitions that are before them now do not in their opinion meet that criteria. And all they are saying is if the City is going to annex, they should conform to the standards. He can't speak as to why he has not been here in the past. He has not had instructions to be here in the past. They have different issues, different concerns they are looking at now that they wish to express to the City Commission. If they are going to do the annexations then they need to be doing them consistent with the requirements of Chapter 171. Commissioner Benton asked has the County Commission sent him here? Mr. Murphy said the County Commission has not formally sent them here. They have had discussions with the Board. Their time schedules and their meeting schedules have not jived for a formal resolution or action from that regard. But the County Commission is aware of their presence here tonight. ....... .." Seeing no one further and hearing no one wishing to be heard, Mayor Enns declared the Public Hearing closed. Motion was made by Commissioner Benton, seconded by Commissioner Coke, that Ordinance Nos. K-129. K-130. K-131. K-132. K-133. K-134. K-135. K-136. K-137. K-138. K-139. and K-140 be passed on first readinQ. Commissioner Nelson said he would like to see exactly what they are talking about with a map and ask whether the County Attorney has anything to say that might be addressed by the City Attorney. Ms. Ann Satterlee, Administrative Assistant to the City Manager, said the area they are looking at is to the south. (Ms. Satterlee displayed a map.) The purple area where it is contiguous to the green area on the map, this would be the area... The yellow area is where they have annexed in the past four years since they began their aggressive annexation plan. The green areas that are contiguous are the city limits. The purple area is where they have signed voluntary annexation agreements for the utility service. Commissioner Nelson said the report indicates they are talking about roughly $1.5 million in perhaps increased taxable revenue. How many people do they have involved in that area? Ms. Satterlee said there are only a few that are actual residences. It would probably be about twelve. Commissioner Nelson said twelve people. He noted from the Planning Board Minutes that Mr. Knott, the Chairman, asked questions relative to have they done it before and the procedures they have for notifying people involved; and somebody alluded to the fact they had no set procedures for this. Ms. Satterlee said no, they always send out a letter. They also have a brochure that goes out. Typically it is about a month or a month and a half prior to the notification that is in the paper. Letters actually go to the property owners. It also lists the dates of the public hearings, like tonight and two weeks from tonight. Commissioner Nelson said he is quoting from the Planning Board Minutes. Mr. Ramon Trias, Director of Development, said if he could clarify that. The question was, have they annexed vacant parcels before? That was the question that happened at the Planning Board. Commissioner Nelson said let him paraphrase what he is trying to say then. Do they annex vacant properties? Have they annexed '-' .." vacant properties? City Manager Beach said if they have annexation agreements, yes they do. They have and they do, if they have an agreement. They don't annex them without an agreement. Commissioner Nelson said they are operating on the premise that if someone wants City water, then they sign an annexation agreement. And nobody comes in and puts city water to vacant property unless they plan to use it. How does this work? City Manager Beach said actually they do. If they have intentions of developing that property and they want City water, they do come in and agree to sign annexation agreements for that. He believes, however, the annexation agreement is not active until they actually get water. That is his understanding of it. Commissioner Nelson asked can the City Attorney comment on that? Assistant City Attorney Schwerer said it is not any different than the City Manager indicated. He does not really remember what the question was, there was so much discussion there, if he wants him to address a specific one. Do they annex vacant land? Yes, they annex vacant land. In those cases what happens is the developer will come in, plat a subdivision, lay the lines for the water and sewer to be in there, and then will sign an annexation agreement for the entire development. When that land becomes contiguous, the conditions in the agreement are satisfied in that the water and sewer is available to that property. Has he reviewed each individual case where that has occurred? No, he has not. But that could occur based upon the way these annexation agreements are phrased. The developer originally gets the water run. In other words, if there are ten lots in a subdivision and eventually Lot 5 in the middle isn't built on but Lots 1 through 4 and 6 through 10 are, now that whole subdivision can be annexed if it meets one end or the other contiguous to the City. Commissioner Nelson said let him go back and reflect upon their situation out at... Assistant City Attorney Schwerer said excuse him, but he wants to give them a full legal opinion. There are other instances where they can annex vacant land and vacant properties that are not otherwise provided for under these specific agreements that is otherwise provided for under the Florida Statutes. That is his full opinion. Commissioner Nelson said he can keep his train of thought now. When they were trying to get water out to Panther Woods out there, they had a subdivision and the people asked for water and they '-" ....., didn't end up giving them any water, they didn't sign the agreements. When they put water into Paradise Park, a lot of people at Paradise Park and Blakely Subdivision, water ran all through the area. Some people signed annexation agreements and some didn't. There are a host of vacant lots there in which they do not enforce the code on them. They did not annex them into the Ci ty. They have gone on record saying that they do not annex vacant lots. They don't enforce code enforcement on vacant lots even in areas where they have annexed people who have water, annexation agreements into the City, i. e. Paradise Park is a classic example. He has many people corne to him and they are complaining about a property at 1702 North 16th Street, for example and 1704 North 16th Street next door, weeds are growing allover the place, junk cars allover the place. And they get feedback in that it is not in the City, they have no authority, even the roads they say are not annexed into the City. What he is looking for is a succinct policy and consistency of what they do. He is obviously for the annexations proposed here. But he is troubled by situations wherein it deviates from the philosophy which he is trying to allude to at this time. Mayor Enns said he is having a hard time understanding what Commissioner Nelson is saying because he is saying Paradise Park, they haven't annexed it, but he is asking why they don't enforce the codes. If they don't annex it, they don't have any authority to enforce any codes. They signed annexation agreements but they haven't been annexed. If they haven't been annexed, the City can't do anything with them. Commissioner Nelson said they Subdivision is what he is talking the City of Fort Pierce. have in fact annexed Blakely about. It has been annexed into Mayor Enns said if it has been annexed then they have the authority to enforce it. It is as simple as that. Commissioner Nelson said without houses on them and agreements and don't have the roads. they have said that individual lots without people having signed annexation the water, they don't touch them, even Mayor Enns said the annexation agreements don't have anything to do with enforcing codes. If it is in the City and is a vacant lot and it violates the codes, they have the authority to enforce it. City Manager Beach said that is correct. If it is in the City it doesn't matter if it is vacant, whether it has water or whether it doesn't have water, the City has that authority. Commissioner Nelson said he will bet all of them his salary for a "'"' 11 ..."" year that they are on the record Blakely Subdivision that they do in Blakely Subdivision. of saying that with respect to the not annex the roads or vacant lots Mayor Enns said he wishes Commissioner Nelson would quit saying they are saying that because he doesn't remember himself ever saying that. The City Clerk is sitting down there shaking her head and she knows everything. Commissioner Nelson said all right. He will dig it up. Commissioner Benton said just for the record they couldn't have annexed all that area between Home Depot and the Turnpike had it not been for annexing pasture land at one point. That is all there was between Wal-Mart and 1-95. That was years ago. Commissioner Nelson said he is looking at precedent they had before. Commissioner Benton said this was done to promote that development. These people knew with water lines in there, that area, the price tag goes way up. They couldn't annex it. In fact, that is why they lost in court. But then they went back and convinced these people that own that vacant property in between to annex. Commissioner Nelson said his final comment on this would be in the area with respect to comments by the Planning Department Staff, where it says they don't have procedures. He thinks they do have procedures. He thinks that should be known to the general public and particularly those people affected by annexation. He would ask the lawyer, the legal staff, and City Manager to please sit with him to determine whether or not they are in fact doing what he is saying in the Blakely Subdivision. Mayor Enns said Blakely Subdivision has been there an awfully long time. He knows it was probably done by one developer at the time who signed a total annexation agreement. Those annexation agreements, there may be some vacant lots in there that haven't been signed because they haven't asked for water, but they can still be contiguous. Commissioner Nelson said what happened on Blakely Subdivision, he sat as Chairman of the County CDBG Advisory Committee when they were putting water out there. They did get State and Federal money to put water out there and they did in fact run water to certain live-in homes. They ran water in front of lots that didn't have homes on them. And he even owns some property out there and he has not signed an annexation agreement, for example. Mayor Enns said he hasn't been annexed then. \Î Commissioner Nelson said he takes it back. Thd~ vias Bldkely Subdivision. He has some concern with that p~i~osophy. Those voting in favor of the passage of Ordinance Kos. K-])9, K- 130, K-131, K-132, K-133, K-134, K-135, K-136, K--37, K-]38, K-:39, and K-140 on first reading were: Commissioner~' Aexander, Bento!], Coke, Nelson, and Enns. Those opposed: None. ----- !'.L;;·'~.i>i;¡:i:;;;. ¡LtLiiÜLäJ:l,Îì~,~.iUi('.&:4.iiJm\Î¡li "" ....,; EXCERPT from the MINUTES OF A REGULAR POSTPONED MEETING OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, HELD IN THE CITY HALL COMMISSION CHAMBERS, 100 NORTH U.S. #1, FORT PIERCE, FLORIDA, AT 7:00 P.M. ON TUESDAY, FEBRUARY 19, 2002. ----- ----- Ordinance No. K-129 entitled, "AN ORDINANCE EXTENDING THE TERRITORIAL LIMITS OF THE CITY OF FORT PIERCE, FLORIDA, TO INCLUDE PROPERTY LOCATED AT 4580 OLEANDER AVENUE; DIRECTING THE ST. LUCIE COUNTY PROPERTY APPRAISER TO ASSESS SAID PROPERTY AND PLACE IT ON THE CITY TAX ROLLS AS OF THE FINAL DATE OF ENACTMENT OF THIS ORDINANCE; DIRECTING THE ST. LUCIE COUNTY TAX COLLECTOR TO COLLECT TAXES ON THE HEREIN DESCRIBED PROPERTY; CERTIFYING PUBLICATION OF THIS ORDINANCE; ZONING SAID LAND; ESTABLISHING THE FUTURE LAND USE DESIGNATION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF." was placed on second and final reading and read by title only. (Owned by: Fort Pierce Lodge) Ordinance No. K-130 entitled, "AN ORDINANCE EXTENDING THE TERRITORIAL LIMITS OF THE CITY OF FORT PIERCE, FLORIDA, TO INCLUDE PROPERTY LOCATED AT 4600 OLEANDER AVENUE; DIRECTING THE ST. LUCIE COUNTY PROPERTY APPRAISER TO ASSESS SAID PROPERTY AND PLACE IT ON THE CITY TAX ROLLS AS OF THE FINAL DATE OF ENACTMENT OF THIS ORDINANCE; DIRECTING THE ST. LUCIE COUNTY TAX COLLECTOR TO COLLECT TAXES ON THE HEREIN DESCRIBED PROPERTY; CERTIFYING PUBLICATION OF THIS ORDINANCE; ZONING SAID LAND; ESTABLISHING THE FUTURE LAND USE DESIGNATION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF." was placed on second and final reading and read by title only. (Owned by: SLC Shrine Club Holding) Ordinance No. K-131 entitled, "AN ORDINANCE EXTENDING THE TERRITORIAL LIMITS OF THE CITY OF FORT PIERCE, FLORIDA, TO INCLUDE PROPERTY GENERALLY LOCATED BETWEEN SOUTH U.S. #1, MIDWAY ROAD, OLEANDER BOULEVARD, AND WEATHERBEE ROAD; DIRECTING THE ST. LUCIE COUNTY PROPERTY APPRAISER TO ASSESS SAID PROPERTY AND PLACE IT ON THE CITY TAX ROLLS AS OF THE FINAL DATE OF ENACTMENT OF THIS ORDINANCE; DIRECTING THE ST. LUCIE COUNTY TAX COLLECTOR TO COLLECT TAXES ON THE HEREIN DESCRIBED PROPERTY; CERTIFYING PUBLICATION OF THIS ORDINANCE; ZONING SAID LAND; ESTABLISHING THE FUTURE LAND USE DESIGNATION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF." was placed on second and final reading and read by title only. (Owned by: St. Lucie County & Fields Motorcars) Ordinance No. K-132 entitled, "AN ORDINANCE EXTENDING THE TERRITORIAL LIMITS OF THE CITY OF FORT PIERCE, FLORIDA, TO INCLUDE "" '-' PROPERTY LOCATED AT 4565 OLEANDER AVENUE; DIRECTING THE ST. LUCIE COUNTY PROPERTY APPRAISER TO ASSESS SAID PROPERTY AND PLACE IT ON THE CITY TAX ROLLS AS OF THE FINAL DATE OF ENACTMENT OF THIS ORDINANCE; DIRECTING THE ST. LUCIE COUNTY TAX COLLECTOR TO COLLECT TAXES ON THE HEREIN DESCRIBED PROPERTY; CERTIFYING PUBLICATION OF THIS ORDINANCE; ZONING SAID LAND; ESTABLISHING THE FUTURE LAND USE DESIGNATION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. If was placed on second and final reading and read by title only. (Owned by: Leon & Christine Fowler) Ordinance No. K-133 entitled, "AN ORDINANCE EXTENDING THE TERRITORIAL LIMITS OF THE CITY OF FORT PIERCE, FLORIDA, TO INCLUDE PROPERTY LOCATED AT 4573 OLEANDER AVENUE; DIRECTING THE ST. LUCIE COUNTY PROPERTY APPRAISER TO ASSESS SAID PROPERTY AND PLACE IT ON THE CITY TAX ROLLS AS OF THE FINAL DATE OF ENACTMENT OF THIS ORDINANCE; DIRECTING THE ST. LUCIE COUNTY TAX COLLECTOR TO COLLECT TAXES ON THE HEREIN DESCRIBED PROPERTY; CERTIFYING PUBLICATION OF THIS ORDINANCE; ZONING SAID LAND; ESTABLISHING THE FUTURE LAND USE DESIGNATION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. If was placed on second and final reading and read by title only. (Owned by: Fred & Betty Averill) Ordinance No. K-134 entitled, "AN ORDINANCE EXTENDING THE TERRITORIAL LIMITS OF THE CITY OF FORT PIERCE, FLORIDA, TO INCLUDE PROPERTY LOCATED AT 4601 OLEANDER AVENUE; DIRECTING THE ST. LUCIE COUNTY PROPERTY APPRAISER TO ASSESS SAID PROPERTY AND PLACE IT ON THE CITY TAX ROLLS AS OF THE FINAL DATE OF ENACTMENT OF THIS ORDINANCE; DIRECTING THE ST. LUCIE COUNTY TAX COLLECTOR TO COLLECT TAXES ON THE HEREIN DESCRIBED PROPERTY; CERTIFYING PUBLICATION OF THIS ORDINANCE; ZONING SAID LAND; ESTABLISHING THE FUTURE LAND USE DESIGNATION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. If was placed on second and tinal reading and read by title only. (Owned by: Leon & Mary Wise) Ordinance No. K-135 entitled, "AN ORDINANCE EXTENDING THE TERRITORIAL LIMITS OF THE CITY OF FORT PIERCE, FLORIDA, TO INCLUDE PROPERTY LOCATED AT 3620 SOUTH U.S. #1; DIRECTING THE ST. LUCIE COUNTY PROPERTY APPRAISER TO ASSESS SAID PROPERTY AND PLACE IT ON THE CITY TAX ROLLS AS OF THE FINAL DATE OF ENACTMENT OF THIS ORDINANCE; DIRECTING THE ST. LUCIE COUNTY TAX COLLECTOR TO COLLECT TAXES ON THE HEREIN DESCRIBED PROPERTY; CERTIFYING PUBLICATION OF THIS ORDINANCE; ZONING SAID LAND; ESTABLISHING THE FUTURE LAND USE DESIGNATION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. If was placed on second and tinal reading and read by title only. (Owned by: Marc Arnott) "" ....¡ Ordinance No. K-136 entitled, ~AN ORDINANCE EXTENDING THE TERRITORIAL LIMITS OF THE CITY OF FORT PIERCE, FLORIDA, TO INCLUDE PROPERTY LOCATED AT 3310 ENTERPRISE ROAD; DIRECTING THE ST. LUCIE COUNTY PROPERTY APPRAISER TO ASSESS SAID PROPERTY AND PLACE IT ON THE CITY TAX ROLLS AS OF THE FINAL DATE OF ENACTMENT OF THIS ORDINANCE; DIRECTING THE ST. LUCIE COUNTY TAX COLLECTOR TO COLLECT TAXES ON THE HEREIN DESCRIBED PROPERTY; CERTIFYING PUBLICATION OF THIS ORDINANCE; ZONING SAID LAND; ESTABLISHING THE FUTURE LAND USE DESIGNATION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF." was placed on second and final reading and read by title only. (Owned by: Howard Kauff) Ordinance No. K-137 entitled, ~AN ORDINANCE EXTENDING THE TERRITORIAL LIMITS OF THE CITY OF FORT PIERCE, FLORIDA, TO INCLUDE PROPERTY LOCATED AT 3401 OLEANDER AVENUE; DIRECTING THE ST. LUCIE COUNTY PROPERTY APPRAISER TO ASSESS SAID PROPERTY AND PLACE IT ON THE CITY TAX ROLLS AS OF THE FINAL DATE OF ENACTMENT OF THIS ORDINANCE; DIRECTING THE ST. LUCIE COUNTY TAX COLLECTOR TO COLLECT TAXES ON THE HEREIN DESCRIBED PROPERTY; CERTIFYING PUBLICATION OF THIS ORDINANCE; ZONING SAID LAND; ESTABLISHING THE FUTURE LAND USE DESIGNATION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF." was placed on second and final reading and read by title only. (Owned by: Richard Neill & James Neill) Ordinance No. K-138 entitled, ~AN ORDINANCE EXTENDING THE TERRITORIAL LIMITS OF THE CITY OF FORT PIERCE, FLORIDA, TO INCLUDE PROPERTY LOCATED AT 814 HARTMAN ROAD; DIRECTING THE ST. LUCIE COUNTY PROPERTY APPRAISER TO ASSESS SAID PROPERTY AND PLACE IT ON THE CITY TAX ROLLS AS OF THE FINAL DATE OF ENACTMENT OF THIS ORDINANCE; DIRECTING THE ST. LUCIE COUNTY TAX COLLECTOR TO COLLECT TAXES ON THE HEREIN DESCRIBED PROPERTY; CERTIFYING PUBLICATION OF THIS ORDINANCE; ZONING SAID LAND; ESTABLISHING THE FUTURE LAND USE DESIGNATION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF." was placed on second and final reading and read by title only. (Owned by: Odell & Hattie Johnson) Ordinance No. K-139 enti tIed, ~AN ORDINANCE EXTENDING THE TERRITORIAL LIMITS OF THE CITY OF FORT PIERCE, FLORIDA, TO INCLUDE PROPERTY LOCATED AT 1105 HARTMAN ROAD; DIRECTING THE ST. LUCIE COUNTY PROPERTY APPRAISER TO ASSESS SAID PROPERTY AND PLACE IT ON THE CITY TAX ROLLS AS OF THE FINAL DATE OF ENACTMENT OF THIS ORDINANCE; DIRECTING THE ST. LUCIE COUNTY TAX COLLECTOR TO COLLECT TAXES ON THE HEREIN DESCRIBED PROPERTY; CERTIFYING PUBLICATION OF THIS ORDINANCE; ZONING SAID LAND; ESTABLISHING THE FUTURE LAND USE DESIGNATION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF." was placed on second and final reading and read by title only. ~ ..., (Owned by: Benito & Cynthia Permuy) Ordinance No. K-140 entitled, "AN ORDINANCE EXTENDING THE TERRITORIAL LIMITS OF THE CITY OF FORT PIERCE, FLORIDA, TO INCLUDE PROPERTY LOCATED AT 1201 HARTMAN ROAD; DIRECTING THE ST. LUCIE COUNTY PROPERTY APPRAISER TO ASSESS SAID PROPERTY AND PLACE IT ON THE CITY TAX ROLLS AS OF THE FINAL DATE OF ENACTMENT OF THIS ORDINANCE; DIRECTING THE ST. LUCIE COUNTY TAX COLLECTOR TO COLLECT TAXES ON THE HEREIN DESCRIBED PROPERTY; CERTIFYING PUBLICATION OF THIS ORDINANCE; ZONING SAID LAND; ESTABLISHING THE FUTURE LAND USE DESIGNATION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF." was placed on second and final reading and read by title only. (Owned by: Carol A. Meany) Mayor Enns declared a Public Hearing on Ordinance Nos. K-129, K- 130, K-131, K-132, K-133, K-134, K-135, K-136, K-137, K-138, K-139, and K-140 in session and asked if anyone in the audience wished to be heard. Mr. Dan McIntyre, St. Lucie County Attorney, said he is representing the Board of County Commissioners of St. Lucie County. With him is Dennis Murphy who is a Community Development Director. Mr. Murphy has been with the County approximately 19-1/2 years. He has a degree in Urban Planning and Geography and will be presenting testimony and comments. He would like to include a map prepared by Mr. Murphy in the record. He has nine copies of the map. He would like to give it to the City Clerk. Mayor Enns said give them to the City Clerk. She will keep a copy and pass the others out to the Commissioners. Mr. Dennis Murphy said he is Community Development Director for St. Lucie County. As Mr. McIntyre pointed out, he has been here since 1982. He has a Bachelor's Degree in Geography Planning and has had a variety of positions with the Community Development Department since 1982. He is also a member of the American Institute of Certified Planners. Tonight he stands in front of them to raise an objection to a series of annexation ordinances referenced Nos. K- 129 through K-138 and K-140 as read by the City Clerk a few moments ago, excluding annexation Ordinance No. K-135. Ordinance No. K-135 appears to be consistent with the elimination of an enclave area that is created through prior annexation actions and is consistent with State statutes. Their reason for objecting to these annexations and the maps they have given to them are that they feel, with the exception of the previously mentioned Ordinance No. K-135, all of the proposed annexations fail to meet the minimum requirements of 171.043(1) of the Florida Statutes. Specifically the requirements they are talking about is that the areas to be annexed have to be reasonably compact. Referring to the map handed .. "" .~ out to them, the first page on this is a composite of the southern portion of the city limits of Fort Pierce. That is the gray area shown on the map. This map comes off the Property Appraiser's information. He just highlighted it with a fill of gray. The areas identified in red are the parcels that were referenced in their petitions tonight. And on the adj oining sheets here are basically blowups of the various sections of this map along with one other area that is not on the composite map but it is up off of Hartman Road referencing Ordinance Nos. K-138 and K-140. Again, the same thing is that the gray areas represent simply the city limits filled in off the County's GIS System which is derived from the Property Appraiser's base map network. The definition they are citing in Chapter 171, compactness is defined as being the concentration of a piece of property in a single area and precludes any action which would create enclaves, pockets, or finger areas in a serpentine pattern. Any annexation proceedings in the County and State shall be designed in such a manner to ensure they would be reasonably compact. It is this definition of compactness that they believe has failed to be met as part of these annexation proposals. They believe in examination of the maps they will see that the resul t of these annexations further is a creation of enclaves referencing specifically Ordinance Nos. K-136, K-137, K-138, and K- 140; and that in the case of annexation Ordinance Nos. K-129 through K-134, they are furthering the serpentine development pattern specifically restricted by that definition. In addition to the above, they believe there is a concern over the apparent in addressing of Section 171.042 which requires an annexation report be prepared for all annexations and submitted to the County as a part of that process. When this process began there was an annexation report prepared for the northern area which is not subject to tonight's discussion and that report addressed a number of issues. They have not seen a report that addresses these other parcels. And particularly there is a concern that the continued annexation of these territories will have a negative effect on a number of County MSTU's, the special taxing districts that exist out there applicable only to the unincorporated part of the County. Absence such a report to determine if there is or is not a problem, again they must object to proceeding with these annexations at this time. In conclusion, the County does not dispute the ability and authority to annex property. Clearly they have that right. What they are asking is for these annexations and any future annexations that they hold them in abeyance until all the requirements to Chapter 171 have been demonstrated or have been demonstrated in compliance with. If they have any particular questions, he is here to try to answer them. City Manager Beach asked what criteria is he using that demonstrates compactness? The objections according to his statements are that the annexations that are being proposed that those areas are not compact. What is the thinking behind that? v ....¡ Mr. Murphy said referencing Ordinance Nos. K-136, K-137, K-138, and K-140, he would argue that in those particular instances they have apparently done a hook-out and are now rolling back in through no.. . City Manager Beach asked does the County understand why the City does it that way? Mr. Murphy said the County is aware that most come through voluntary utility agreements manner. of their annexations in that particular City Manager Beach said he thinks almost all of their annexations come about that way. The issue of compactness has to do with the urban developed areas that they are annexing. If they had the ability, if the law would support the process, they would annex all of the urban developed lands that surround Fort Pierce. The reason the pattern develops that they see is that those are properties that have agreed to annex into the City and what the City is doing is simply exercising those agreements. This isn't a strategy in terms of they just want these properties. It is a process that is dictated by the annexation laws that exist. So the argument of the County that they are cherry picking or only picking and choosing areas that are advantageous to be annexed cannot be sustained when they look at the facts. The facts are that they annex properties who agree to annex into the City once they have become contiguous to those properties. And the entire pattern that exists on the maps they have demonstrated is a result of that. Mr. Murphy said on that point he thinks they are going to disagree because... Mr. Beach is correct, their annexation procedures and voluntary agreements for the utilities are their basis for all. He will take his word for that part of it. But nothing through those agreements, as he reads through Chapter 171, seems to relieve the basic criteria for annexation. Whether they are the hook maneuvers, for example, the southern hook maneuver here with the Bell Avenue Farmer's Market or the pincer movement, as he is calling it on the Hartman Road issue, they still would have to comply as he would read the statutes with the basic premise of the compactness requirements. And in his opinion they don't meet that. City Manager Beach asked why would that not be compact? That is what he is not understanding. Because what they are doing is surrounding urban developed compact areas. The only reason they don't annex all of it is because they don't have annexation agreements. Those areas are compact, they are contiguous, and they are adjacent to the City. Mr. Murphy said that appears to be the crux of their disagreement here is that through that method they seem to be creating an \w ~ enclave. And that is clearly, when they read the definition, not permitted under the definition of compactness. City Manager Beach those are issues planners. said he believes as they discussed in the past, for lawyers and not for administrators and Mr. Murphy said precisely. Commissioner Benton said he will say what he said at the last meeting. In 12 years he has never seen the County come in front of them objecting to any annexations. Usually it is private property owners. His question might be to Dan McIntyre, can they expect if they pass this tonight, and he hopes this isn't the case, that the County might go to court over this? Mr. McIntyre said that is a possibility. The Board would have to make that decision. They would certainly agenda it in the next 30 days and they would have to ultimately make that decision. They have not indicated that they intend to appeal. They have indicated they would like he and Mr. Murphy to appear in front of the City Commission tonight and object. So they have not made that decision as of yet. Commissioner Benton said he hopes they would send a message from this guy. They have had a very good relationship with the County for some time. He thinks that was shown earlier today with their j oint meeting. But this is going in the wrong direction. The County knows from their workshops each year with Lance DeHaven Smith coming down and telling the County what the cities need to exist in this world and it is time they listened to what he said. He would hope this doesn't end up in court because that is not the route to go with taxpayer's money. Mr. McIntyre said yes. He will convey that to the County Commissioners when it comes up. Mayor Enns asked wouldn't the fact that the people signed voluntary annexation agreements, isn't that tantamount to a request to be annexed into the City? Mr. Murphy said that is an arguable point. Yes, it could very well be. However, like he said earlier, when they read the statutes even a voluntary it says they have to comply with it. Mayor Enns said actually somebody could come to them that was contiguous that didn't have a signed agreement with the Utilities Authori ty and as k to be annexed and they could consider it, couldn't they? '-' ..."J Mr. Murphy said yes, if they met the criteria. Mayor Enns said this is the same thing. He doesn't see where they get the argument. In essence, what they say is that somebody has to bring a whole block of them in to make it compact. They might as well do away with all the annexation laws. Like Mr. Beach said, that is for the attorneys to argue. Commissioner Nelson said Mr. Murphy mentioned something about enclaves. Does the statute say anything regarding how the City and the County can resolve the issue of enclaves? Mr. Murphy said he believes, and their counsel can correct him if he is wrong, he thinks there is something not directly in Chapter 171 but he believes in Chapter 163, which is the comprehensive planning section of the statutes, there is a provision that requires or provides for agreements between the counties and cities to define future annexation areas to establish a program for accomplishing what they are trying to do here. There is a way to go and do it. It just appears the avenue they are approaching tonight is not the way. City Manager Beach said the issue of enclaves has come up before. The way the state law provides for that is if it is a property that is surrounded by the city limits of 10 acres or less, then by agreement between the city and the county they can bring that into the city limits. The problem they have had is that requires an agreement between the City and the County. Some years ago they presented about 15 or 16 of these enclaves - some of them were just as small as a lot - to the County Commission. Not formally, it was never transmitted formally or requested formally, but they had informal discussions with staff and with County Commissioners about bringing those enclaves into the City; and they rej ected that proposal or that idea. Seeing no one further and hearing no one wishing to be heard, Mayor Enns declared the Public Hearing closed. Commissioner Alexander said on the legal basis on Ordinance No. K- 140, this from his understanding has been registered in the Circuit Court and by the Utili ties Authority and he is looking at a signature of a notary instead or in place of a grantor. He wants to know the legality of this. Is this okay? They don't need this to come back to haunt them. Assistant City Attorney Schwerer said he is not familiar intimately with that agreement. He would have to look at it. Commissioner Alexander said he is speaking of the notary signature out of place. \w ....,¡ Assistant City Attorney Schwerer said no, it is not a problem. Motion was made by Commissioner Benton, seconded by Commissioner Coke, that Ordinance Nos. K-129, K-130, K-131. K-132, K-133, K-134" K-135, K-136, K-137, K-138, K-139. and K-140 be passed on second and final readina. Those voting in favor of the passage of Ordinance Nos. K-129, K- 130, K-131, K-132, K-133, K-134, K-135, K-136, K-137, K-138, K-139, and K-140 on second and final reading were: Commissioners Alexander, Benton, Coke, Nelson, and Enns. Those opposed: None. ----- '-' AGENDA REQUEST ITEM NO. 6B..",.j DATE: March 12. 2002 REGULAR [X ] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): Administration PRESENTED BY: BOCC SUBJECT: Bi-Weekly Committee Reports BACKGROUND: At the April 11. 2000 Board of County Commis5ioners Meeting it was decided Þy the Board to place an item on the agenda. on a bi-weekly basis. to give the Board an opportunity to provide updates on the various Committees and Advisory Boards that they serve on. It has been decided by the County Administrator that this item will be placed on the agenda on the 2MO and 4th Tuesday of each month. RECOMMENDATION: This meeting the Board will provide updates on the following Committees and Advisory Boards that they e;erve on: Committee Chamber of Commerce Board of Dir. Council on Aging Indian River Lagoon NEP Workforce Development Board Land Acquisition Selection Committee Law Library Board of Trustees Treasure Coae;t Community Alliance Treasure Coast Council of Local Gov. Value Adjustment Board Tourist Development Council Lake Okeechobee Coalition Other Committees: Higher Education Committee Healthy Kids FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A Meeting Date Monthly Last Wednesday Quarterly as needed As needed Monthly As needed Monthly Monthly As needed 10t Wednesday Quarterly COMMISSION ACTION: [ ] APPROVED [] DENIED [~OTHER: Reports given Commissioner Coward Lewie; Barnes Hutchinson Barnee; Bruhn Coward Hutchinson Barnes/Bruhn/Lewis Coward Hutchinson Bruhn Coward o glas Anderson County Administrator l.... "" ....J AGENDA REQUEST ITEM NO. 6c DATE: March 12. 2002 REGULAR: (X) PUBLIC HEARING: ( ) CENT: ( ) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): ADMINISTRATION SUBJECT: The City of Fort Pierce's proposed annexation of the St. Lucie County Internation BACKGROUND: Please see attachments FUNDS AVAILABLE: NA PREVIOUS ACTION: Please see attachments RECOMMENDATION: Staff recommends that the County send a response letter to the City of Fort Pierce's March 6, 2002 letter commenting on the proposed Joint Planning Agreement between the City of Fort Pierce and St. Lucie County, prepared by the County. The response will express the County's disappointment in the City's response to the County's February 19, 2002 proposal. This letter will also express our position that the County does not believe the City has participated in good faith in the Conflict Resolution process, as required by Florida Law, and the County's intention to contest any annexation under the program to the full extent of the law. ~ APPROVED o OTHER: (4-1) o DENIED (Barnes) COMMISSION ACTION: Review and Approvals Q County Attorney: Q Management and Budget: Q Purchasing: Q Originating Dept: Q Other: Q Other: Q Finance: Check for copy only, if applicable: Anyone with a disability requiring accommodations to attend this meeting should contact the Sf. Lucie County Community Services Manager at 561-462-1777 or TTD 561-462-1428, at least 48 hours (48) prior to the meeting. H:\WINIWP\AGEN DA\Airportannex,w pd ~ '-' .."J COUNTY ADMINISTRATION MEMORANDUM TO: Board of County Com FROM: Douglas M. Anderson, DATE: March 7, 2002 RE: City of Fort Pierce's Proposed Annexation of the St. Lucie County International Airport Please find attached a March 6, 2002 letter written to me, from Dennis Beach, Fort Pierce City Manager, submitting comments to the proposed Joint Planning Agreement, between the City of Fort Pierce and St. Lucie County. Staff is highly disappointed with this letter and will be discussing, at the Board meeting, an appropriate response. As you know, I appeared at the March 4, 2002 City of Fort Pierce Commission Meeting, discussing my letters of November 27, 2001, December 14, 2001, and February 25,2002, in an effort to continue the Conflict Resolution process in a cooperative manner. At that meeting, I referred to my February 19, 2002 letter to Mr. Beach, whereby a draft Joint Planning Agreement was proposed. Staff is recommending that the County send a response to the City of Fort Pierce's March 6, 2002 letter discussing the Joint Planning Agreement between the City of Fort Pierce and St. Lucie County, expressing the County's disappointment in the City's response to the County's February 19, 2002 letter. This letter will also express our position that the County does not believe the City has participated in good faith in the Conflict Resolution process, as required by Florida Law, and the County's intension to contest any annexation under the program to the full extent of the law. H :IWINIWPIAGEN DA lAirportannex, w pd 83i05!20~2 15:59 I I I \ I ~ I T Y ~f ~1457'325':: ~:A'{OR'::I TI.':~! ~"I~GER '....,/ P A G£ e ~ '!. UNit ~ \ I " ø RT PIIR[I OFFICE OF THE OITY MANAGER TEL. (561) 460-22CO CITY HAJL. 100 NORTH U.S. 1 FAX (561) 467·9264 P.O 80X 1480 FORT PIEFl1e. FLORIDA 34954·1480 March 6, p002 I I ~ t I .~O (1 Mr. Do~~]as M. Anderson 1}..../ A... Adminisu¡,ator , .. /)) ¡J J'I .f\ SaintL~e County , . ¡J þ( ,~ 2300V' 'ruaAvenue I ð.J fJr":? Fort Pier C. FL 34982 r W \I Dear Mr.¡IAnderson: . In respon e to your F c:bruaty 19. 2002 proposed Joint Planning Agreement between the City ofFort Piacc an Saint Lucie County, City staff submits the follo....ing conunents. The County's proposal in su~ inc~udes the CO\mty m8Ínt&rung comprehensive planning, zoning, development penníttin¡t code çuforcement, building codes, Airport Mister Planning, and the City agreeing not to crea.te ¡ COl1ununity Redevelopment Agency in that area.. The proposal alw suggest. a thirty-five (35)year rnn. The COU~~y is aware tha.t it is UOIle\1essaxy for the City to accept a Joint Planning Agreement as a result of ~ legally exeouted contractual AnnexMion Agreemetrt approved by Saint Lucie County in 1989. Hqwever, in an attempt to provide a cooperative and harmonious relationship, staffis willin.¡ to consÎd~r recommending to the Fort Pierce City Commission that we agree not to pursue creation of a CRAt and that the County mainWn the Airport Master Plan which would include regulations relating t<1 FAA requirements. We will also support language that will C(Iniinn the County's role as the operating authority of the airport which b not part of your original proposal Staff will not Tèèomrn~d to the Commission an agreement that will prohibit us from enforcing land development regulatio¥. municipal codes, and building rodes. Additionally, we ptop05e that the term of the Agreem4t be five (5) years with negotiated renemùs between the City and the County. To the extent t1ñs JPA is entire1y vohl!lWy on the part of the City, we are also rc:quC5lÍng that the: Agreement include other wmexation related i$~e$, such as the enclaves that can be annexed into the City by ¡n~loca1 agreement between the City and County. Additional issues thAt should lx: brought I into discur!Si011 include the County granting of property tax relief for business investments at the i .03/05/2032 15: 59 ~61457925c! I ,,'AYORCITVWINLlGEP ...." P~l:E 02 , I :Mr. Dou~las M. Anderson March 6,12002 Page 2 I I A..;-port aftd, a plan to annex in an orderly manner the urban areas surrounding Fort Pierce's City limits, ::fe Saint Lucie County Commission will a1so be asked to work in cooperaûon with the City of Fort Pi,erce and support action to cause these annexations to occur. Our common goal should be the estab1ishment of City lirn.its that promote further groMh consirtent with good City planning pra.ctices þnd poticies of adopted regional plans, Please r~Ognize that these proposals are recommendations that staff is willing to consider ~PP01' , and tha.t the Fort Pierce City Commission has neither reviewed nor agreed to them at this time. I Finally, y~u ttte aware tbat the City Commission passed the first reading of the Ordinance to aone;< the Airp0r' on MMch 4, 2002. That document wilt come up for a second and final reading on March 18,2002.. The instructions to stafffrom the Fort Pierce Commission are to work with the County staff'in ad atternpl to come to an Agreement to recommend to both bodies prior to that date. I If I CMl ~ovide additionaJ infußIlation,. please contact me at your earliest convenience. I Sinccrelyj ~~tJ. ~ . I Dennis W~ Beach City Mantger I DWBibtp! cc: MLor and Members of City Commission Rdbert V. Schwerer, Assistant City Attorney *on Trias, Director of Development ~ Satterlee, AssistlU1t to the City Manager Dr McInt",e, Co."", Attorney, Saint Lucie Co_ I ! '-' BOARD OF COUNTY COMMISSIONERS 1 COUNTY ADMINISTRATOR DOUGLAS M. ANDERSON November 27, 2001 Mr. Dennis Beach Fort Pierce City Manager P. O. Box 1480 Fort Pierce, Florida 34954 Dear Mr. Beach: It has been brought to the attention of the County that the City of Fort Pierce has adopted Resolution No. 01-179 authorizing the initiation of an annexation program on and around the St. Lucie COUtlty Airport. This letter is to provide notice to the City that the County objects to the city's annexation program as contrary to the interests of the county residences and businesses. The City's proposed program will have negative impacts on future economic development at the airport because of increased taxation and additional levels of bureaucracy. The County further believes that the program does not meet the legal requirements for a municipal annexation. The County further notifies the City that the County does not consent to include any County-owned or controlled properties within such annexation program, and will not execute the petition necessary to commence a voluntary annexation pursuant to Section 171.044, Florida Statutes. With respect to the legal insufficiencies to the City's annexation program, the County would point out the following observations based upon the limited information that the County has been able to obtain <?n the City's program. First, it is apparent from the description of the annexation area that the program violates the requirement that the annexation area be reasonably compact and violates the requirement to be contiguous. Only a very small portion of the proposed annexation area is coterminous with the City's current boundaries. A significant gap exists between the overwhelming bulk of the area proposed to be annexed and the City's current boundaries. To bridge the gap, the City has crafted a slender and serpentine pathway past substantially developed neighborhoods which are not part of the proposed annexation area. This configuration proposed by the City contravenes Section 171.031(11) and (12), Section 171.043(1) and Section 171.044(1), Florida Statutes. The County understands further that the City may be relying upon previously executed applications for water and/or sewer services entered into with the Fort Pierce Utilities Authority which purport to agree to the voluntary annexation of property into the City of Fort Pierce in the event that the property becomes contiguous with the City in the future and JOH:; D, ßI\UHN. Disrricr No, 1 . DOUG COWAI\D. Dis"icr No, 2 . PAULA A. lEWIS. Dimicr No,:¡ . Fl\ANNtE HUTCHINSON. Disrrict No, <1 . CUr; OA1\N£5. Dis~iCT No, 5 Counr¡' Ad:n¡ilis~jcror - Douglas M. Anderson 2.300 Virginia Avenue . FOrT Pierce. FL .34952-5652 . Phone (561) 462-1450 · TDD (561) 462-1428 FAX (561) 462-1648 . F'mnil· nnLlnnØ),thICiF'cn nnv \..t ,..." Mr. Dennis Beach Page 2 November 27, 2001 the City proposes to annex the area at that time. These agreements do not meet the requirements of Section 171.044, Florida Statutes, and cannot form the basis of the City's annexation program. First, these agreements were not entered into with the City of Fort Pierce. Second, these agreements do not constitute petitions under the terms of Section 171.031(7), and Section 171.044(1), Florida Statutes. Third, because of the requirements of Section 171.031(7) and Section 171:044(1), the agreements cannot bind successors and assigns of the property owners who executed the agreements. Fourth, even if the agreements were theoretically effective, the agreements cannot be activated until the City has extended the City's boundaries to the ·property. Such pre-requisite defeats any attempt to annex these properties in one mass annexation program. Fifth, as to the County, the provisions of the agreement which purport to bind future boards of county commissioners to agree to the annexation of the County's properties into the City are null and void. A county's governmental power and jurisdiction over its properties cannot be contracted away asa matter of law. If, after the City reviews the legal impediments set forth above, the City determines to move forward with its annexation program, then the County intends to contest any annexations under the program to the full extent of the law. Please have this letter incorporated into the public record or all public hearings concerning the City's proposed annexation program. , o--;ß,-. D ugl¢ M. Anderson County Administrator DMA/caf Copy to: Board of County Commissioners County Attorney Airport Director Utility Services Director ~ BOARD OF COUNTY COMMISSIONERS ~ COUNTY ADMINISTRATOR Mr. Dennis Beach Fort Pierce City Manager P. O. Box 1480 Fort Pierce, Florida 34954 RE: Airport Annexation Program Dear Mr. Beach: /\ Encl?sed is a.¢ertified copy of Resolution No. 01-307 initiating the conflict resolution procedures\provid~y Chapter 164, Florida Statutes. The issues that the County believes are in conflíctgri outlined in my letter to you dated November 27,2001, a copy of which is also enclosed. The Couniybelieves that i~~ aPP~EprJateto initicïtetneconflict resolution procedures pursuant to Section 164.1º~!~2), élorida;;Jgtutes inan.e.UQr_tt-º ~ation. The County proposes that the conflict assessment meeting be held on January 11, 2002 in Conference Room 3, located in the County Administration Annex. Please contact Anne at 462- 2130 to reserve a meeting time. The County suggests that the officials who should be present at the assessment meeting should include the City Manager, City Attorney, City's Annexation Coordinator, County Administrator, County Attorney and Community Development Director. . Please let me know if the City officials can meet on the date indicated. ,,/ DMAlca-V Copy<f6: Board of County Commissioners County Attorney Airport Director Community Development Director JOHN D. ORUHN. Disrricr No, 1 . DOUG COWARD. Disrricr No, 2 . PAULA A, LEWIS. DisrriCT No. ~ . FRANNIE HUTCHINSON. D¡,"îcr No, -<I . CLIFF OAf\NES, Disrricr 1'1: COLIni)' Admi¡Üs:,oror - Doug!as M. Anderson 2300 Virginia Avenue . Forr Pierce, FL 34982-5652 . Phone (561) 462-1450 · TDD (561) 462-1428 \.- ..,.¡ RESOLUTION NO. 01-307 INITIATING CONFLICT . RESOLUTION PROCEDURES PROVIDED BY SECTION 164.1052, FLORIDA STATUTES (2001) PERTAINING TO THE DISPUTE OVER THE CITY OF FORT PIERCE'S ANNEXATION PLAN ST. 'LUCIE COUNTY AIRPORT CORRIDOR WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The City of Fort Pierce, Florida (City), has notified the County that athe City has adopted Resolution No. 01-179 adopting a report entitled "Annexation Plan St. Lucie County Airport Corridàr; and, 2. The County believes that the City's proposed annexation program is contrary to the interests of the County and its residences and businesses. The County also believes that the City's 'proposed program does not meet the legal requirements for a municipal annexation. The County's concerns are set out in more detail in a letter dated November 27, 2001 from the County Administrator to the City Manager, a copy of which is attached. 3. As a result or the conflict set out above, the Board believes that it is in the best interest of the citizens of St. Lucie County to attempt to avoid litigation and to initiate the conflict resolution procedures provided by the Florida Governmental Conflict Resolution Act between the County and the City. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of St. Lucie County, Florida, as follows: 1. The Board expresses its intent to initiate the conflict resolution procedures provided by the Florida Conflict Resolution Act to resolve the conflict between the County and the City as to the City's proposed Annexation Plan for the St. Lucie County Airport Corridor. 2. Within five (5) days after the adoption of this Resolution, the County Administrator is directed to send a letter and a certified copy of this Resolution to the chief administrator of the city by certified mail, return receipt requested. 3. This Resolution shall become effective upon adoption. '-" 'wIÎ After motion and second, the vote on this resolution and notice of election was as follows: . Chairman Doug Coward AYE Vice Chairman Cliff Barnes AYE Commissioner Paula A. Lewis AYE Commissioner John D. Bruhn AYE Commissioner Frannie Hutchinson AYE PASSED AND DULY ADOPTED this 11th day of December, 2001. BOARD OF COUNlY COMillSSIONERS ST. LUCIE COUNlY, FLORIDA BY' ß.,r &J Ch Irman BY: PATE '-" February 25, 2002 "wi ~ ßOARD OF COUNTY COMMISSIONERS COUNTY ADMINISTRATOR DOUGLAS M. ANDERSON Mr. Dennis Beach Fort Pierce City Manager PO Box 1480 Fort Pierce, FL., 34954 RE: St. Lucie County International Airport Annexation - Florida Governmental Conflict Resolution Dear Dennis: In reviewing the public hearing notices published in the Tribune, it appears that the City has determined to proceed with advertising public hearings on ordinances pertaining to the City's airport annexation program on March 4, and March 16,2002, notwithstanding that the City and the County have not completed the conflict resolution process pursuant to Sections 164.101 - 164.1061, Florida Statutes ("Florida Conflict Resolution Act.") By proceeding in this manner, the County does not believe that the City is participating in good faith in the conflict resolution process as required by Florida law. The County respectfully suggests that the City defer action on the annexation ordinances until the parties have held a joint public meeting and completed mediation as required by Section 164.1055, Florida Statutes. sider the County's Please note that the County is not interested in pr in the c Ii ocess. In this regard, the County is prepared to schedule a joint public meeting with the City as soon as possible. questions, please let me know. DMAlcaf c: Board of County Commissioners Dan McIntyre, County Attorney Dennis Murphy, Community Development Director JO¡;~ D. ßRUHN. Dimicr No, 1 . DOUG COWARD, Dimicr N=>. 2 . PAULA A. LEWIS. Disrricr No.:J . FRANNIE HUTCHINSON. Dimicr N=>. 4 . CUFF OARNES. Dimicr No, 5 Counry Adminisrroior - Douglas M. Anderson 2.:300 Virginia Avenue . FOrT Pierce, FL .34982-5652 · Phone (561) 462-1450 . TDD (561) 462-1428 ~ """" BOARD OF COUNTY COMMISSIONERS COUNTY ADMI N ISTRATOR DOUGLAS M. ANDERSON February 19, 2002 Mr. Dennis Beach Fort Pierce City Manager P. O. Box 1480 . Fort Pierce, Florida 34954 RE: Joint Planning Agreement - St. Lucie County International Airport Dear Dennis: Enclosed for discussion purposes is a draft Joint Planning Agreement pertaining to the St. Lucie County International Airport. Please review the draft with the understanding that the draft waS prepared by County staff in an efrort to settle the dispute with the City. Please also review the draft with the understanding that the draft has not been reviewed or åpproved by the Board of County Commissioners of St. Lucie County, Florida. The County continues to be concerned about the effect of the proposed annexation on economic development in the airport area. In this regard, the County would like to know if the City has any proposals to assist the County in attracting additional jobs to the airport area and what additional benefits the City would orrer the Airport as a result or annexation. If you have any questions, please let me know. DMA/caf Enclosure Copy to: Board of County Commissioners County Attorney Community Development Director JOHN D. ORUHS. D~"'''' Ih 1 . DOUG COWARD. DisrriCT No, 2 . PAULA A, LEWIS. Disrria No, ~ . FRANNIE HUTCHINSON. Districr No, 4 . CLIFF DARNES. DisrriG ¡;~, . Counry Adminisrrcror - Doug!os M_ Anderson 2.300 Virginia Avenue. FOri Pierce, FL .34982-5652 · Phone (561) 462-1450 · TDD (561) 462-1428 ,,",' ..." JOINT PLANNING AGREEMENT BETWEEN ST. LUCIE COUNTY. FLORIDA AND THE CITY OF FORT PIERCE (ST. LUCIE COUNTY INTERNATIONAL AIRPORT) This Joint Planning Agreer.,ent (the "Agreement") made and entered into as of the day of ' 2002, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florid:: (hereinafter referred to as the "County"), the CITY OF FORT PIERCE, a Florida municipal corporation (hereinafter referred to as the "City). (The County and City are sometimes collectively referred to as the "Parties".) WIT N E SSE T H: WHEREAS, it is the purpose and intent of this Agreement, the Parties hereto, and the Florida Interlocal Cooperation Act or 1969, as amended and codifi~d as Section 163.01, Florida Statutes (the 'Cooperation Act"), end Section 163.3171, Florida Statutes, to permit the City and the County to make the mOST efficient use or their respective powers, reSources and capabilities by enabling them to cooperate on the basis or mutual advantage and thereby to provide the property, racilities and services provided for in this Agreement in the manner that will best accord with the existing end anticipated resources available to each of them and with geographic, economic, population end other factors influencing the needs and developments within the St. Lucie County Internctional Airport (" Airport"), as designed on the attached map as Exhibit "A"; and, WHEREAS, it is the purpose of the Cooperation Act to provide for a means by which the Parties may exercise their respective powers, privileges and authorities which they might now or in the future share in common cnd which each might exercise separately; and, WHEREAS, the Parties recognize that proper intergovernmental coordination is essential for sound growth management; and, WHEREAS, a joint planning area agreement will provide a basis for the evaluation of future development applications as well as for the adequate provision of public services at the Airport; and, WHEREAS, the County has adopted an Airport Master Plan; and, G: \0 tty\oo,eemr.t\ ¡or ,rlo< \ FP-JP A ·oi'port -1- '-" ..., WHEREAS, the Parties seek to have compatible land uses adjacent to their common boundary; and, WHEREAS, effective intergovernmental relations will improve the delivery of public services; and, WHEREAS, Section 163.3171, Florida Statutes, authorizes municipalities and counties to enter into joint agreements for the purposes of joint action in the preparation and adoption of the comprehensive plan, procedures for the administration or land development regulations or the land development code applicable thereto and other purposes under the Local Government Comprehensive Planning and Land Development Act, Section 163.3161, et.seq., Florida Statutes. . WHEREAS, the Local Government Comprehensive Planning and Land Development Act requires joint agreements entered into pursuant thereto to be formally stated and approved in appropriate action by the governing bodies involved and the administration be governed by the Florida Interlocal CÐoperation Act or 1969; and, WHEREAS, the City and the County have held public hearings with public notice thereof 'to consider the adoption of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants of this Agreement, the City and the County agree as follows: ARTICLE 1 AUTHORITY 1.1 Authority. This Agreement is entered into pursuant to the provisions or Section 163.01, Florida Statutes, Section 163.400, Florida Statutes; Part III, Chapter 163, Florida Statutes; Section 163.171, Florida Statutes, and other applicable provisions of law, all as amended and supplemented from time to time. ARTICLE 2 2.1 Definitions. The following derinitions shall apply to this Agreement: Agreement: The interlocal planning agreement. Airport: St. Lucie County International Airport as identified in Exhibit' A", which shall also include property acquired by the County for airport purposes, subsequent to the date of this Agreement. G: \atty\ooreemnt \interloo \FP-JP A-oirport -2- "" ..."" G.:tY..: The City of Fort Pierce, Florida. Cooperation Act: The Florida Interlocal Cooperation Act of 1969 as amended and codified as Section 163.01, F.S. County: St. Lucie County, Florida. Development Permits: Development Permit includes any building permit, zoning permit, subdivision approval, rezoning, certification, conflicts of occupancy, building inspections, special exception, variance or any other official action of local government having the effect of permitting the development of land. Parties: St. Lucie County, Florida, and the City of Fort Pierce, Florida. ARTICLE 3 PURPOSE, FINDINGS. INTENT 3.1 The purpose of this Agreement is to provide the procedures for joint action by City and the County with regard to the Airport in the preparation and adoption of changes to the comprehensive plan and on procedures for the administration of land development regulations or the land development code applicable thereto. 3.2 It is the intent of the parties to provide for the efficient and effective development of the Airport by providing for the administration of comprehensive plan and land development regulations for the Airport. ARTICLE 4 COMPREHENSIVE PLAN. LAND DEVELOPMENT REGULATIONS AND CODE ENFORCEMENT 4.1 To provide for better integrated land use planning and land development at the Airport, the parties agree that the Airport is now and shall be in the future during the term of this Agreement, subject to the County's Comprehensive Plan and the County's Land Development Regulations. The parties further agree that the County shall be responsible for all development permits for any development at the Airport and that the County shall be responsible for all code enforcement at the Airport. The City agrees that it shall not include the Airport within any community redevelopment agency created by the City during the term of this Agreement. 4.2 Except as provided herein, neither the City's or the County's duties, obligations, or responsibilities under any section of this Agreement shall affect the Parties' right, duty. G:\otty\ocr«mnt\interlc:\FP-JP A-airport . -3- ~ ...",; obligation, authority or power to act in its governmental or regulatory capacity in accordance with applicable laws, ordinances, codes or other building regulations. In no event shall the Parties, due to any provision of this Agreement, be obligated to take any action concerning regulatory approvals except through its established processes and in accordance with applicable provisions of law. ARTICLE 5 MISCELLANEOUS 5.1 Amendments. This Agreement may be amended by the mutual written agreement of the County and the City at any time from time to time, which amendments shall become effective upon filing thereof with the Clerk of the Circuit Court of St. Lucie County, Florida, pursuant to Section 163.01(11), Florida Statutes. 5.2 Assignment. None of the parties may assign or transfer any or all of its duties, rights, responsibilities, or obligations under this Agreement to any other party or any person not a party to this Agrèement without the express prior approval of the other party to this Agreement. 5.3 Severability. The provisions of this Agreement are severable, and it is the intention of the parties to confer the whole or any part of the powers herein provided for and if any of the provisions of this Agreement or any other powers granted by this Agreement shall be held unconstitutional, invalid or void by any court of competent jurisdiction, the decision of said court shall not affect or impair any of the remaining provisions of this Agreement. It is hereby declared to be the intent of the parties hereto that this Agreement would have been adopted, agreed to, and executed had such unconstitutional, invalid or void provision or power not been included therein. 5.4 Members of the City and County Not Liable. (1) All covenants, stipulations, obligations and agreements of the City and the County contained in this Agreement shall be deemed to be covenants, stipulations, obligations and agreements of the City and the County, respectively, to the full extent authorized by the Act and provided by the Constitution and laws of the State of Florida. (2) No covenant, stipulation, obligation or agreement controlled herein shall be deemed to be a covenant, stipulation, obligation or agreement of any present or future individual member of the governing body or agent or employee or the City or the County in its, his or their individual capacity, and neither the members of the Governing Body or the City or the County or any official executing this Agreement shall individually be liable personally or G: \0 Ii)' \aareemn t\i n t er 10 C \ FP-J P A ·airport -4- \..; ....J shall be subject to any accountability by reason of the execution by the City or the County of this Agreement or any act pertaining or contemplated hereby. 5.6 Term of the Agreement The initial term of this Agreement shall be thirty-five (35) years from the Effective Date. The term of the Agreement shall be automatically extended in five (5) year increments unless either party notifies the other party of its desire to terminate the Agreement which notice must be provided in writing at least ninety (90) days before the end of the then current term. 5.7 Beneficiaries. Nothing in this Agreement, expressed or implied, is intended or shall be construed to confer upon any person, firm or corporation other than the parties hereto, any right, remedy, or claim, legal or equitable. under or by reason of this Agreement or any provision hereof. It is the intent of the parties hereto that this Agreement and all its provisions are intended ~o be and are for the sole and exclusive benefit of the parties hereto. 5.8 Notices. Any notice, demand, direction, request or other instrument authorized or required by this Agreement to be given or filed with the City or the County shall be deemed sufficiently given or filed for all purposes of this Agreement if and when sent by registered mail, return receipt requested, or by direct personal delivery: To the County: St. Lucie County Administrator (With a copy to St. Lucie County Attorney) 2300 Virginia Avenue Fort Pierce, Florida 34982 To the City: Fort Pierce City Manager (With a copy to City of Fort Pierce Attorney) 100 North u.S. 1 Fort Pierce, Florida 34950 5.9 Execution of Agreement. This Agreement shall be executed in the name of the City by its Mayor and City Clerk and approved as to form and execution by the City Attorney, and the seal of the City affixed hereto. If any officer whose signature appears on this Agreement ceases to hold office before all officers shall have executed this Agreement or prior to the filing of this Agreement as provided in Section 6.11 hereof. his or her signature shall nevertheless be valid and sufficient for all purposes. This Agreement shall bear the signature of, or may be signed by, such individuals as at the actual time of the execution of this G:\atty\ocrur.lr. t\interloc \FP-JP A -airport -5- \... ""'" Agreement shall be the proper and duly empowered officer to sign this Agreement and this Agreement shall be deemed to have been duly and properly executed even though on the Effective Date any such individual may not hold office. 5.10 Filing with Circuit Court Clerk, The County is hereby authorized and directed after approval of this Agreement by the Governing Body of the County and the City and the execution thereof by the duly qualified and authorized officers of each of the parties hereto as provided, to file this Agreement with the Clerk of the Circuit Court of St. Lucie County, Florida, as provided in Section 163.01(11), Florida Statutes. IN WITNESS WHEREOF, the parties hereto, by and through the undersigned, have entered into this Interlocal Agreement as of the day and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney CITY OF FORT PIERCE, FLORIDA ATTEsT: BY: City Clerk Mayor APPROVED AS TO FORM AND CORRECTNESS: BY: City Attorney G: \atty\aareemnt\in ter lac \FP ·JP A -airport -6- '-' ...."I CONSE r ITEMS ... .... ... . . . BOARD OF couNTI( COMMISSION£R~ MEETING 03/08/02 F7.ABWARR FUND 001 001117 001140 001143 001147 001249 001265 001266 001269 001271 001809 101 101002 101003 101006 102 102001 102104 105 107 107001 . "'002 003 115 118 140 140001 160 183 183001 183002 183004 183106 183210 183211 183214 184203 184804 185002 316 316001 382 396 401 418 421 4<11 '" ST. LUCIE COUNTY - BOARD .."I WARRANT LIST #23- 02-MAR-2002 TO 08-MAR-2002 FUND SUMMARY TITLE General Fund FTA 49 USC Sec 5307 98/99 Section 112/MPO/FHWA FY01/02 Health & Human Srvcs CSBG FY01/02 NOAA/FDCA Adopt-A-Beach Section 8 Grant FY 99/00 TDC Planning Grant FYOl/02 CTD TRIP Grant FYOl/02 FDEP-Urban Mobile Lab Grant 01/02 DHR-Historical Museum Grant-In-Aid SFWMD-Floridian Aquifer Well 01/04 Transportation Trust Fund Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU FDOT Bicycle/Pedestrian Coordinator Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper Sheraton Plaza Fund Paradise Park Fund Port & Airport Fund Port Fund Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.-County Arbitration/Mediat Ct Admin.- Teen Court Domestic Relations Hearing FYOO-03 Courts Admin. Civil Traffic Infrac Civil Traffic Infraction officer st 01/02 OSCA Civil Traffice Infractio Ft. Pierce Beach Restoration FIND So. Causeway Shoreline Stabil. SHIP Housing Assistance FY 01/02 County Capital Transportation Capital Environmental Land Capital Fund Lennard Road 1 - Roadway Capital Sanitary Landfill Fund Golf Course Fund H.E.W. Utilities Fund North Hutchinson Island Utilities NHI Util-Renewal & Replacement Fund EXPENSES 231,888.62 42,549.00 402.38 2,299.68 6,689.21 3,129.33 35.99 34,833.60 198.25 197.37 101. 80 89,201.59 36,461.97 1,750.00 3,530.00 10,029.73 714.19 105.01 809.11 3,025,546.21 3,235.45 1,772.23 2,010.97 450.06 723.87 12,013.76 5.33 2,787.93 1,515.55 383.68 175.00 400.04 6,312.48 72.48 13 .10 2,014.42 10,344.70 4,779.44 4,419.04 3,855.98 6,997.00 500.00 7,001.10 236,684.04 19,443.03 8.28 53,768.18 66.41 PAGE 1 PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 03/08/02 FZABWARR FUND 449 451 458 461 471 478 479 491 505 505001 611 625 655 677 678 679 692 693 "" ST. LUCIE COUNTY - BOARD ..."I WARRANT LIST #23- 02-MAR-2002 TO 08-MAR-2002 FUND SUMMARY TITLE NHI Util - Capital Facilities Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist-Renewal & Replace No Cty Util Dist-Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Law Library Insurance Agency Fund Lost Tree Estates Fund Anita Street MSBU Fund Timberlake Estates MSBU Ideal Holding Road MSBU Westglen MSBU GRAND TOTAL: EXPENSES 101. 22 22,938.01 91. 48 31,362.34 772.01 40.06 25.00 2,883.05 21,078.12 392,351.29 414.87 79.18 55,762.09 775.46 1,033.94 4,168.09 2,957.90 4,683.32 4,413,744.02 PAGE 2 PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 7,056.41 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 7,056.41 '" ...., 03/08/02 ST. LUCIE COUNTY - BOARD F7.ABWARR VOID LIST# 23- 02-MAR-2002 TO 08-MAR-2002 Þul~: 401 - Sanitary Landfill Fund CHECK INVOICE VENDOR 00281238 12211064 First Union National Bank Of F PAGE 1 FUND TOTAL: TOTAL 219,522.50 219,522.50 '-' ~ 03/0S/02 ST. LUCIE COUNTY - BOARD FZABWARR VOID LIST# 23- 02-MAR-2002 TO OS-MAR-2002 J: ~,-m: 505001- Property/Casualty Insurance Fund CHECK INVOICE VENDOR TOTAL 00279979 I2207667 O'Connell, John I2207667 1,000.00 10,250.00 11,250.00 CHECK TOTAL: FUND TOTAL: 11,250.00 / / PAGE :2 'w. ...",J . 03/08/02 ST. LUCIE COUNTY - BOARD PAGE 3 F7.ABWARR VOID LIST# 23- 02-MAR-2002 TO 08-MAR-2002 Þ'-'J.-ID: 611 - Tourist Development Trust-Adv Fund CHECK 00281934 INVOICE VENDOR 12212465 Treasure Coast Manatee Foundat FUND TOTAL: TOTAL 1,000.00 1,000.00 - /~ AGENDA REQUEST ITMfNO. C-2-A DATE:Ma~h 12,2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasinq Department Michael Rath, Purchasinq Director SUBJECT: Award of Bid No. 02-001, River Branch Estates MSBU Water Main Extension BACKGROUND: On November 28,2001 bids were opened for River Branch Estates MSBU Water Main Extension. Seven hundred sixty-eight (768) vendors were notified, six (6) bid documents were distributed and two (2) bids were received. The Public Works Department has reviewed the bids received and recommends that the bid be awarded to the low bidder, Barton Underground Construction, Inc., in the amount of $92,821.60. Recommendations and tabulation attached. FUNDS AVAILABLE: Funds are available in River Branch MSBU Capital, Other Contractual SeNices Account No. 395-4115-534000-4512. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends award of Bid No. 02-001 for River Branch Estates MSBU Water Main Extension to the low bidder, Barton Underground Construction, Inc., in the amount of $92,981.60 and authorization for the Chairman to sign the contract as prepared by the County Attorney. COMMISSION ACTION: CE: [x] APPROVED [] DENIED [ ] OTHER: ~ :A.nderson ty Administrator County Attorney. (X) ~/ i- ~ Mgt. & Budget (X) Purchasing Mgr,:(X) '-) ^.~-. Originating Dept:: Other: Other: Finance: (Check Dr Copy only, if Appiicable) Eft. 1/97 '" en D::: W - 0 Z 0 0 I - N en 0 Z ~~ e 0 - Cñ z:E III ;:):E z 00 I- W 00 W t< ~~ W W ~ oz UJ z ;:);:) z C( ..JO 0 ::i ¡-;:o ¡::: D::: :E enLL <C w 0.. 0 ..J l- e e ;:) ~ e III . , D::: C"') <C ~ ;:) @) 0 III III - UJ e ::i e N UJ ~ W co l- N <C D::: I- W UJ III W :E ~ W OC) > ZZ 0 <C- Z D:::D::: " IIIttl e D:::Z w W- Z >C) w _Z 0.. D:::W 0 ...,J ..J e 0 ~ C'! .... .,) - 0 N &0 I- ~ co~ N - e en 0 - - m t.4 t.4 0 Z - ~ Z 0 ¡::: 0 ::::;) 0 D::: Z I- - UJ en ~ Z Z D::: 0 0 0 0 ¡::: e e 0 Z :J W Z 0:: > ::::;) I- 0 en D::: Z C) 0....1 D::: OLL W ~ w· e....l en- ZLL :Jg ::::;) . Z~ m....l Z~ OD:: -UJ I-!:!:! >1- D:::1l. ..Jo:: <C' Wo mti: ::ill. co U) N U) .... b w ~ ::J In . c:::: c ~ w CJ) iI i5 ¡:::: CJ) ë 0 ~ ;z ;z w CJ) w > !:!:! :æ [j ::J () ;z () w E <C 0 c:::: 0 Il. C u :æ CJ) 0 c c ~ ãi ãi III () - 1/1 LL LL LL 'C 0 0 0 c: III c:::: c:::: c:::: E w w w CI) In In In 'C :æ :æ :æ ... ::J ::J ::J CI) ;z ;z ;z Q. . : '" ...,.J ENGINEERING DIVISION MEMORANDUM 02-059 TO: Michael Rath - Purchasing Director FROM: Michael Powley, P.E. - Capital Projects Engineer ¡Vl.VP VIA: Rebecca Padrick - MSBU Coordinator '& DATE: February 18, 2002 SUBJECT: River Branch Estates MSBU Water Main Extension - Bid #02-001 Bids for Bid #02-001 were opened on November 28, 2001. We have reviewed both bids received and recommend that the project be awarded to the low bidder, Barton Underground Construction, Inc. Your assistance in presenting this to the Board during the March 12, 2002 meeting is greatly appreciated. Funds will be made available in Fund No. 395-4115-534000-4512 (Other Contractual Services). attachment: cc wI attachment: River Branch Estates MSBU Dan Mcintyre - County Attorney \w ~ ::::> CD CJ) 2: In Q) - lIS - In W .c: (,) (; s:: lIS 0 N r.. .,; CD N r.. Q) > i2 ..... 0 ...- t Q) C) ro 0... 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N '" 0 0 0 0 0 0 0 0 0 0 C! 0 0 " Ó Ó cO -i M ,...: -i Ó cO <Ó -i Ó Ó <Ó N N 0 Ó ó LÖ .c ¡;¡ " 0 0 0 ~ 0 M '" 0 ... '" '" 0 0 ... '" '" '" 0 tn U 0 '" '" ~ '" "'- <0 <0 '" ~ ~ ~ 0, M ~ "'. "' '" "'. on ::I Õ ~ ..¡ .,. ",' N ai 0 N M M ,,; N N <ï> N <ï> <ï> ..¡ V> <ï> 00. m l- V> .,. <ï> <fl <ï> N .,. .,. .,. .,. .,. .,. .,. <fl 0 0 0 0 0 0 '" 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 <0 "? '" 0 0 0 0 0 0 0 0 0 0 0 <: .. " Ó Ó N <Ó M ~ Ó N -i ;¡: Ó ó èñ Cõ cO M Ó "> " .!:! 0 0 0 ... .,. ~ '" ~ '" 0 0 ... ~ "' Qj 0 '" ... "C .,. <fl ..... '" N '" '" q M '" ... '" :;; ::) ~ ... V> N <ï> .,. <fl N .,. .,. ~ .,. .,. ... If> .,. If> ... .,. If> 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 '0 0 0 0 0 '" 0 0 0 0 0 0 0 0 0 0 0 0 0 <: Ó Ó Ó Ó ~ Ó 6 6 6 ci ci ci ci ci ci ci Ó Ó ::I 0 0 0 '" '" 0 co 0 0 0 0 '" 0 N 0 0 '" 0 T'" e ¡;¡ .ª 0 '" '" <D. co 0 "'. <D. CD N. q "' "'. <0 "l '" N ai N N ,...: ..¡ ai Ó .,. If> M ... 00 E' Õ <ï> <ï> <ï> <ï> <ï> ;> ~ ~ .,. .,. ... .,. ;> N <ï> ... ... Ñ '" I- <fl '0 en <: W ::) 0 0 0 0 '" 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 <: .. '" ó ci ori Ó M <Ó cO ci Ó ci Ó ci Ó ci ci <Ó Ó ci ci 0 1:: " .!:! 0 0 N N .,. ~ ;> 0 '" '" 0 '" 0 N 0 ..... '" 0 0 0 '" ..... .,. M ... '" M ;> '" M ... '" ... '" 0 CIS ::) ~ ai N .,. .,. .,. .,. N- .,. .,. ... ... .,. .,. .. M m .,. If> ... .,. '~ AGENDA REQUEST IT~NO. C-2-B DATE: March 12, 2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): PURCHASING PRESENTED BY: Michael Rath. Purchasinq Director SUBJECT: Re-use of Bid #00-005, Purchase of a 6X6 Roll Off Truck With Hoist. BACKGROUND: On January 11, 2000, the Board of County Commissioners awarded Bid No. 00-005 to Orlando Mack Sales (Nextran Truck Centers, Inc.) for the purchase of one (1) 2001 Model6X6 Roll Off Truck with Hoist. With the increased production at the Solid Waste Baling and Recycling Facility, the Solid Waste Division now requires the purchase of additional vehicles. Orlando Mack Sales has agreed to extend the bid pricing at the same terms and conditions of Bid No. 00-005 for the purchase of a 2003 Model6X6 Roll Off Truck With Hoist. This purchase requires the approval of Equipment Request No. 02- 199, attached. FUNDS AVAIL.: Funds are available in Sanitary Landfill Fund, Machinery & Equipment, Account No. 401- 3410-564000-300, and require approval of Equipment Request No. 02-199. PREVIOUS ACTION: On January 11,2000, the Board of County Commissioners awarded Bid No. 00- 005 to Orlando Mack Sales (Nextran Truck Centers, Inc.). On December 11,2001, the Board approved the re-use of this bid for the purchase of one (1) additional Roll Off Truck for the Solid Waste Division. RECOMMENDATION: Staff recommends re-use of Bid No. 00-005 for the purchase of a 6X6 Roll Off Truck with Hoist in the total amount of $105,948.25, and approval of Equipment Request No. 02-199. COMMISSION ACTION: nderson ty Administrator pq APPROVED [] DENIED [ ] OTHER: County Attorney (X) Originating Dept: (X) Finance: (Check for Copy only, if Applicable) :/ Coordination/Signatures Mgt. & Budget (X) ß1t~ Other: Purchasing Mgr.:(X) Other: /..¡{J- Elf. 1197 \w "WI ., PUBLIC WORKS DEPARTMENT SOLID WASTE DIVISION MEMORANDUM 02-125 ",,,;~,,,.",:<~,,.~>"<:.:..,,:,.,,.::., ':-"'::".:<"":'~~~,""¥i:'1W<7';W ~~ &.:oo' -,.~ ~*' WIS:'>_~ :<::<I!W<...... ~~~.."".'.,"'<:::_<..,.~,:"'.::: DATE: Mike Rath, Purchasing Manager Leo J. Cordeiro, Solid Waste Manager ~ February 26, 2002 TO: FROM: RE: Roll-Off Truck - New Prior to requesting approval to re-use Bid No. 00-005, the Solid Waste Division conducted a cost evaluation to determine if it was in the County's best interest to purchase a third roll off truck from Orlando Mack Sales under this bid. On January 11, 2000, the Board of County Commissioners awarded Bid No. 00-005 to Orlando Mack Sales (Nextran Truck Centers) for the purchase of a 2000 Model, Mack DMM6906S, 6X6 roll off truck with hoist in the amount of$1 05,948.25. At that time, the list price of the unit was $144,455.00.The County received a discount of 27% off of the list price. The current list price for a 2003 Model, Mack DMM6906S, 6X6 roll off truck with hoist is $153,023.00. Orlando Mack Sales has offered to extend the bid pricing of $105,948.25 (31 % discount) for the purchase of an additional unit at the same terms and conditions. Therefore, the Public Works Division recommends that the Purchasing Department seek Board approval to re-use Bid No. 00-005 as this is clearly in the best interest of the County, both economically and in uniformity of equipment. Funds are available in the equipment account (401-3410-564000-300) and I have attached an Equipment Request Form EQ02-199 for presentation and approval with the agenda. LJC:dls cc: Ray Wazny, Public Works Director N:\MEMOSI02 Memosl02125.wpd m c c £> \w. c: <: m c: en ~ ~ -I Cñ » -, s: =ñ Õ ~ m Õ z z » s:: -I -I m ;:0 Õ z m z ';-} £> :*!= Iì1 Cl. ;! 0 ::0 C/) 1:1 0 ¡;:;- ¡;;. 16 0 0 ~ 0 ~ r- r- I\.) 0 .... Q1 r- 5 r- I CI> 2 , - .... OJ a: 0 (') «) :- R- ~ «) :J ii ~ ;¡¡ 0 C/) -., ~ :::i s: m ::0 f{ (I) c: 6j t:: ~ (') CI> " CD ~ Cl.IQ Õ -n en ::;- OJ Qj ~. -I ::s ~ m' {3 '< Dr ~~ CC OJ ;:,- _0 "'C- :J ~ s:m Cl. CI> (I) ~ »mg 3 (I) ~ Q. G)~C ~o m;:ez s: "" Zm-l (I) (1j 0 °D-< ~ð »cCJ I ::::::: .... :J ;:emO CJ"IIQ men» Q) O-l;:e c¡¡ :J ~ o Cl. » :;0 C"TIO ð s: ~ m moO (') §: CD ~ 0 en;:e"TI 0 :;0 0 co~ 0 -I"TIO c: a 8. s:: z < s:: 0-0 -I ::::: c: m m »~C 6 0 ~ z ~ g: z -I»z c: c s: 8 :J m mr~ [ :J 0 ~ 8-< .... -., m OJ 0- :.:mo ?? 5' Q) N»O (I) êi) ëiJ CI> o;:es: OJ ;:,- NNS: CI> í)¡ 0- ~ 5' oen ::::: 0 ....en c¡¡ 1_ OJ NO .¡:. en Q) n¡ n¡ gz .... CI> 0 ãJ (I) Nm ..... Cl. C/) C/) I :J ;:e W {3 CI> .¡:. 5' en ..... 0 0 0 ~ (I) , CJ"I 0- 0 ~ OJ ""0 êi) (I) 0 en :J 0 -.. :S' 0 o IQ , W s: ):. <: 0 0 (I) c5 0 ~ ~ ~ .... 5' .0 CO Q!' I\.) 0 0 0 (I) ~ Õ' .... '" AGENDA REQUEST I~ NO. C-2-C DATE: March 12,2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasinq Department Michael Rath, Purchasinq Director SUBJECT: Award of Bid No. 02-35, Purchase of Pre-Cast Concrete Structures BACKGROUND: On February 13, 2002 bids were opened for the purchase of Pre-Cast Concrete Structures for the Road & Bridge Division. Three hundred eighty-seven (387) vendors were notified, eighteen (18) bid documents were distributed and one (1) bid was received. The Road & Bridge Division has reviewed the bid received and recommends that the bid be awarded to the sole bidder, Old Castle Pre-Cast East, Inc. Recommendations and tabulation attached. FUNDS AVAILABLE: Purchases are to be made on an as-needed basis from established budgets. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends award of Bid No. 02-35, Purchase of Pre-Cast Concrete Structures to the sole bidder, Old Castle Pre-Cast East, Inc., and authorization for the Chairman to sign the contract as prepared by the County Attorney. [x] APPROVED [] DENIED [ ] OTHER: CE: COMMISSION ACTION: u nderson nty Administrator County Attorney:(X) Originating Dept:: 3k . Coordination/Signatures Mgt. & Budget (X)J¡\,\Idtti- Purchasing Mgr.:(X) /t~ Other: Other: Finance: (Check for Copy only. if Applicable) Eft, 1/97 '-' ..."" .. PUBLIC WORKS DEPARTMENT ROAD & BRIDGE DIVISION MEMORANDUM TO: FROM: Michael Rath, Purchasing Director Ray Murankus, Drainage Operations Superv isor ~Jf1 DATE: February 27,2002 SUBJECT: Bid #02-035 - Precast Concrete Structures After my conversation with Mr. Bill Hudson and review of their bid I recommend that St. Lucie County enter into contract with Old Castle Precast Company East to provide precast concrete structures for the new fairgrounds. If you have any questions regarding this matter, please feel free to contact me at 462-2511. RTM/sb cc: Mike Bowers, Assistant Public Works Director Scott Herring, Road & Bridge Manager \w ,.., , Bid No. 02-035 Pre-Cast Concrete Structures Opened: February 13, 2002 @ 2:00 PM Old Castle Pre-Cast Type Inlet Ft. Myers, FL 0-1 $415.00 24" diameter RCP 0-3 $415.00 24" diameter RCP 0-5 $415.00 15" diameter RCP 0-6 $417.00 15" diameter RCP 18" diameter RCP 0-7 $415.00 18" diameter RCP 0-8 $417.00 18" diameter RCP 24" diameter RCP 0-11 $415.00 18" diameter RCP 0-12 $430.00 18" diameter RCP . 30" diameter RCP 0-28 $415.00 15" diameter RCP 0-29 $417.00 15" diameter RCP 18" diameter RCP 0-30 $472.00 18" diameter rep 24" diameter RCP D-31 $488.00 24" diameter RCP 24" diameter RCP D-32 $417,00 24" diameter RCP D-33 $452.00 24" diameter RCP 24' diameter RCP '-' ~ \ Tvpe Inlet Old Castle Pre-Cast 0-34 Ft. Mvers, FL 24" diameter RCP $420. 00 0-35 24" diameter RCP $452. 00 24" diameter RCP 0-36 15" diameter RCP $415.00 0-37 15" diameter RCP $417.00 18" diameter RCP 0-38 24' diameter RCP $415.00 0-41 24' diameter RCP $415.00 0-2 30" diameter RCP $725.00 0-4 24" diameter RCP 24" diameter RCP $725.00 30" diameter RCP 0-9 24" diameter RCP $840.00 24" diameter RCP 0-10 30" diameter RCP $840.00 24" diameter RCP 0-13 18" diameter RCP $746.00 30" diameter RCP 0- 19 30 " diameter RCP $746.00 0-21 30 " diameter RCP $791.00 30' , diameter RCP 0-22 30" diameter RCP $791,00 \.- >.",I Old Castle Pre-Cast Type Inlet Ft. Myers, FL 30" diameter RCP 0-23 $816.00 30" diameter RCP 30" diameter RCP 0-24 $746.00 30" diameter RCP 0-26 $816.00 30" diameter RCP 30" diameter RCP 0-39 $746.00 24" diameter RCP 36" diameter RCP 0-20 $876.00 30" diameter RCP 30" diameter RCP 0-25 $994.00 30" diameter RCP 30" diameter RCP 0-27 $998.00 30" diameter RCP 30" diameter RCP 48" diameter RCP 0-40 $931.00 36" diameter RCP 36" diameter RCP 0-42 $938.00 34" diameter RCP 36" diameter RCP 42" diameter RCP Total $22,599.00 Number of Companies Notified: 387 Number of Bid Documents Distributed: 18 Number of Bids Received: 1 .. ~ AGENDA REQUEST I~ NO. C-2-D ., DATE: March 12,2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): PURCHASING Michael Rath, Purchasinq Director SUBJECT: Bid waiver and sole source contract with Sierra International Machinery, Inc., for the purchase and installation of a MacPresse conveyor for the St. Lucie County Solid Waste Baling and Recycling Facility. BACKGROUND: Sierra International Machinery, Inc:, is the exclusive Macpresse distributor and authorized repair facility in the United States for the new baler and conveyor systems at the St. Lucie County Solid Waste Baling and Recycling Facility. The Solid Waste Division requests the purchase of an additional conveyor to transport debris that falls from the bales and broken bales back to the tipping floor. Sierra International Machinery, Inc., has provided a proposal (attached) in the amount of $115,291 to furnish and install the additional conveyor. This purchase requires the approval of Equipment Request No. 02-200, attached. FUNDS AVAilABLE: Funds are available in Sanitary landfill Fund, Machinery & Equipment, Account No. 401-3410-564000-300, and requires approval of Equipment Request No. 02-200. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioner's approve the request for a bid waiver and sole source contract with Sierra International Machinery, Inc., for the purchase and installation of a MacPresse conveyor for the St. Lucie County Solid Waste Baling and Recycling Facility, approval of Equipment Request No. 02-200, and authorization for the Chairman to sign the contract as prepared by the County Attorney. COMMISSION ACTION: County Attomey.(X) :J/ NCE: [2Ì APPROVED [] DENIED [ ] OTHER: Mgt. & Budget (X) Purchasing Mgr.:(X) ,'") ILlG- Originating Dept: (X) Other: Other: Finance: (Check for Copy only, if Appllcabie) Elf. 1/97 \w ....J , PUBLIC WORKS DEPARTMENT SOLID WASTE DIVISION MEMORANDUM 02-126 ·:'·.''''·C'':''''~~>'···'·'''''.·.>'·Y'''f'': ..;c.......". ._.._;"..~~~'iIil"~ .'<-'.'~".' ': if+"'"",,,,"'"""" .. ',. '~. ."""",,<:'9;'-,'-~ ..," '*",,"~;".' -, _~:_;.,~. ,;..,,,,,,,,,),,,,' ....."'~ TO: FROM: Mike Rath, Purchasing Director Leo J. Cordeiro, Solid Waste Manager e DATE: February 28, 2002 RE: Conveyor Sierra I nternational Mach inery, Inc., is the only distributor in North America for MacPresse. The Solid Waste Baling & Recycling Facility has two MacPresse balers with two MacPresse conveyors on each one. This request is for a fifth conveyor to be integrated into our present system. Sierra is the only company that can alter our present system and not void our warranty on the system. With all five conveyors the same it will make inventory of parts as well as repairs much more economical. Please request the Board of County Commissioners approval for the sole source purchase of this MacPresse conveyor for an installed price of $115,291. Please see the attachment from Richard Harris, Managing Director, Sierra International Machinery. Additionally, I have attached Equipment Request Form EQ02-200 for the Conveyor. Please call if you need additional information. Thank you. LJC:dls c: Ray Wazny, Public Works Director Ron Roberts, S.W, Superintendent Attachments · f/) 0:; WN ZO 00 -~ f/)..... f/)O -0 ::!!!:NN ::!!!:0:::0 0«- (JW~ »ë:; I-..JW Z«I- ::J(J< O!!2e (JLLI- LLO:::f/) OOW eLL::J 0:::1-0 «f/)W OW 0::: m::J« >oe I-WZ zo:::w ::J1-9 oz~ (JW w::!!!: _/l. (J- ::J::J ..Jo .w l- f/) ¡ij C/) S; UJ tt o <: C/) ~ Q W Q Z w :E :E o o W D: ~ tt ~ (,) ::¡ § a. ¡:.: z w :E ~ <t 0- W Q z o ëñ :> õ ft :;~; ~' ¡:.: z w :E W ~ ...I 0- W D: ¡ i~ W:~C Z ,,," 'lit; tt ~ ~ <: o (,) ¡:.: z w :E 0- S o W ....J =::::: '§ CI) ~ () eo :s ..: :§ () 8 s: ] It:: _ '" OJ·!!1 ~ ·s Ø3 ;:: ~~~ () CI) ;:>; s:r.: ::::: o -:::. eo .... "" C: Q.. .5; .Q ::, 1:: :t::! o "1:1 t3 Q."1:I eo CI) "( -CI ¡¡¡ . ~ ~ ~ o ß It:: ..: '" OJ 0 ..... :§ ~ .~ 2 g Eo () ï5. 0 S .9-'S E -; .¡:: .g:s'§ CI) .9 "1:1 () eo (ù t3 e -CI co () C: .Q :s () .:.: .¡g c: e()o -CI ..... ..... ::... co ~ c: E "t) en ,CI) '(3 - 0 -g :s co eo 1:::: I:: CI) 0 co () Q..... (ù ¡g 0 .Qßè Q) J:: :...... .¡:: 0 :E! ...... ...... Cf.Þ ...: 'ê5 .:.: CI) () It:: g 8. ~ o .:= CD .s2 CI) ::...:s 0 ::::::"1:1 ~ 0 ~ "1:1 .....Qeoeo !!1 () .5; e :;::: .:.: E ... U) ctJ ,_ ::s '1:: "t¡ Q) 0 -Cleo=:::::5} ~ OJ'~ ~ 1:::: .5; "1:1 -- o "1:1 I:: "1:1 Q. eo eo I:: CI).S!...eo I:: ...J!2~ I!! .E eo I() .... "1:1 CI) 0) $:Q)..c:~ s: Cb g .Q ... C: E () g,Cb E CD ~ Cf.) "..... ~ ; .~ t o .... g, 0 o .~ ~ ~ ·!!!E I:: I:: :oC:: :.:::: 0 ~ f-.; () 0 .... C) C) C'") c C) C) ~ I() , C) .... ;'J; I .... C) 't it: w lEI :E ::::! Z t- Z ::::! o o ~ g C'\ ~ c UJ ð w D: t- Z W ~' \w ....J SIERRA INTERNATIONAL MACHINERY INC. BALERS I LOGGERS PORTABLE OR STATIONARY SHEAR I BALER I LOGGERS MACPRESSE BALERS & MRF'S SERVICE & PARTS 1620 E. BRUNDAGE LN. (93307) P.O. BOX 1340 BAKERSFIELD, CA· 93302 (661) 327-7073' FAX (661) 322-8759 USA (800) 343-8503 Mr. Leo Cordeiro St. Lucie County Solid Waste Authority 6120 Glades Cut-Off Road Ft. Pierce, FL 34981 Re: MACPRESSE Equipment Dear Mr. Cordeiro: Sierra International Machinery is the exclusive distributor for all Macpresse equipment throughout North America. Weare responsible for sales and service for these products. With regard to the additional cleaning conveyor proposed, there could be some concern regarding our warranty should another company attempt to connect any additional controls into the main control console. Sierra proposes a seamless connection with the existing equipment and the new conveyor including duplication of parts, service and training. Shipment from the plant will be approximately eight weeks after receipt of purchase order with deposit. Should you have any questions regarding our marketing arrangement with Macpresse please contact, Mr. Giuliano Scotuzzi, president, Macpresse International S.r.1. His phone number is 011-39-02-9052420. Wannest regards, Richard L. Harris Managing Director Recycling & Solid Waste Division cc: Giuliano Scotuzzi John Sacco ", Sierra Internatl al Machinery, Inc 1674 Keller Parkway, Suite 102 Keller, TX 76248 Phone 817-337-7111 Fax 817-337-5838 '-~~ 4/,' , ...LY"~ j~.:.r I =1 - 0-/ Total Solutions for Recycling and Solid Waste Processing Steel Belt Conveyor Mac 2100PP St. Lucie County Solid Waste Baling Facility Additional transfer conveyor to be installed and integrated into existing system. Pg, 1 of:; Total Solutions for Recycling and Solid Waste Processing ^ ~æ~?;;.- ^ >i¡. :~..~. ,-:,:.-..d.J;~. ~ _~ ~i I ~J - j - / " Sierra Intematl al Machinery, Inc 1674 Keller Parkway, Suite 102 Keller, TX 76248 Phone 817-337-7111 Fax 817-337-5838 STEEL BELT CONVEYOR MAC 2100PP GENERAL FEATURES This equipment has been designed specifically for transporting commercial and municipal solid waste. The internal chain links designed by MACPRESSE are higher than the external links. This design minimizes material entering into the chain links. This reduces wear as the chain rotates around the head pulley. The pit conveyor section has one or more teflon bars installed under the impact section to avoid defonnation due to the impacts during loading. The shutting have been projected by using a template in order to avoid the material, both during the transport and during loading/unloading, cause defonnations or strains, among the gaps, which could prevent a correct machine working. The joints of the containment side panels allow transport the material without it gets entangled during its run. CONSTRUCTION FEATURES o The conveyor consists of heavy duty welded steel modular construction. Each module of the conveyor (control head, tension head, lower and upper curve) is bolted together with high tensile bolts. 8 The conveyor side skirts are made of pressure bent plate, 5/64" inches (2 mm) thickness. . The conveyor safety panels are made of 1.2 mm (3/64" inches) thick pressure bent plate panels located on each side of the fÌ'ame. These panels can be removed easily to inspect and lubricate the chain. Pg, 2 cf 5 Total Solutions for Recycling and Solid Waste Processing -, Sierra Intemati al Machinery, Inc 1674 Keller Parkway, Suite 102 Keller, TX 76248 Phone 817-337-7111 Fax 817-337-5838 e The conveyor tail pulley consists of two z=8, p=7"-7/8 inches (200mm) gearwheels splined onto a C 40 steel shaft for the chain winding. The shaft is housed on two UCTX 16 cast iron supports with splines for adjustments. Two helicoidally spring supports are located between the frame to absorb the startlstop action of the conveyor. o The head pulley consists of two z=8, p=7"-7/8 (200mm) gearwheels splined onto a C 40 steel shaft for transporting the chain. The shaft is housed on two cast iron supports UCFX 16 attached by high tensile strength bolts to the conveyor frame. The reduction unit is spIined on to the shaft. The gear reduced is attached to a heavy frame between two rubber pads that absorb the startJstop action of the conveyor. The electrical motor is attached to a slide on the gear motor. Two or more "v" belts assure positive motion between motor and reduction unit. (it The conveyor chain is made of C 40 steel. - Pitch 10" .inc. 250 mm - Diameter flanged roller 4" inc. 100 mm - Ultimate tensile stress 67,0001bs 30,000 kg 8 Conveyor weight linear foot/meter 1,670 lbs 750 kg SIZE CHARACTERISTICS inch mm -Load capacity width 70" 1790 -Height of side panels in pit 15"-3/4 400 -Height of side panels out of pit 31 "-1/2 800 -Overall width 85" 2170 Pg. 3 of 5 Sierra Jntemati J Machinery, Jnc 1674 Keller Parkway, Suite 1 02 Keller, TX 76248 Phone 817-337-7111 Fax 817-337-5838 - '~' < -'!ì;;..- ~,.-%,.,. .. :'""~~- - ~ -, r-' '-1/---/ !.~ I -- } Total Solutions for Recycling and Solid waste Processing TECHNICAL PARTICULARS They can change according to the machine application, generally, for a typical plant, such characteristic can be the following: - Press conveyor speed - Shredder conveyor - Applied power 39 feet/min. 12 mt/min. 29 feet/min. 9 mt/min. 10Hp Steel Beh Conveyors · The conveyor is designed with bohed construction for easy replacement of wear items. · Oversized roller chain design is used, on conveyor series: 96,800 Ibs. · Macpresse modular construction design makes future modifications easy to add and bolt on new sections. · Replaceable wear guides are attached to the conveyor frame. · Self-cleaning steel conveyor slats are bolted to the drive chain. These slats, are specifically bent to a tri-fold shape, to increase structural strength, no hinges are used. · Conveyor guards are placed beneath the conveyor frame to protect the lower sections. · The lower horizontal or loading section of the conveyor has impact bars to protect the conveyor slats. · The tail pulley section has threaded rod adjustments for chain tension. · The head pulley section has threaded rod adjustments for chain tension. · The head shaft unit is comprised of an electric motor, reduction gear mounted on an oscillating support. · Conveyor sidewalls are made of heavy gauge steel and are formed to add structural strength to the frame. · Automatic oilers with oil tanks are mounted on conveyor frame. · Emergency mushroom stop buttons and controls are mounted near the conveyor. · Emergency pull cords and safety limit switches can be mounted along the frame. Pg.4- of 5 Total Solutions for Recycling and Solid Waste Processing .. Sierra Internat al Machinery, Inc 1674 Keller Parkway, Suite 102 Keller, TX 76248 Phone 817-337-7111 Fax 817-337-5838 · Removable safety side guards are placed along the whole length of the conveyors. · Removable bottom guards mounted under the conveyor structure along the whole return section. Description Conveyor Mac Oil tank Pushbotton Microswitch Penetrate wall Side flared hopper Wiring to MCC 2100PP Total $94,866.00 Transport Assembling $6,500.00 $13,925.00 Total $115,291.00 PAINTING . High pressure washing with degreasing agents. . One coat ofmst-proofprimer. · Two finish coats with green baked on enamel coating. · Removable parts and protective guards: yellow RAL 1028 Note: Specific requests from the customer regarding paint type, thickness or RAL colors different from those indicated above may incur additional charges. MACPRESSE INTERNATIONAL S.r.l. reserves the right to charge the requesting party for any special painting needs or additional cost in preparation. Pg. 5 of 5 .. AGENDA REQUEST IT~ NO. C-2-E DATE: March 12, 2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasinq Department Michael Rath, Purchasinq Director SUBJECT: Award of Bid No. 02-37, Purchase and Installation of Video Production Equipment BACKGROUND: On February 27, 2002 bids were opened for the Purchase and Installation of Video Production Equipment for the Commission Chambers. Eight hundred ninety-two (892) vendors were notified, forty-four (44) bid documents were distributed and five (5) responsive bids were received. The specifications required the bidders to submit evidence that the bidder maintains a permanent place of business; has technical knowledge and practical experience included in the scope of work; and submit references of similar services. The low bidder, Custom Fit, Inc., failed to provide this information with their bid, and after numerous attempts, has been unable to satisfactorily provide references of similar installations. The references submitted by MCSI, Inc., the second lowest bidder, were satisfactorily verified. The Media Specialist has reviewed the bids received and recommends that the bid be awarded to the second lowest bidder, MCSI, Inc., in the amount of $95,653. Recommendation and tabulation attached. FUNDS AVAilABLE: Funds are available in General Government Services, Machinery & Equipment Account No. 001-1900-564000-1608, Equipment Request Numbers: 02-187,02-188,02-189 and 02-190 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends award of Bid No. 02-037 for the Purchase and Installation of Video Production Equipment to MCSI, Inc., in the amount of $95,653, approval of an additional $4,018 over the previously approved Equipment Requests, and authorization for the Chairman to sign the contract as prepared by the County Attorney. [x] APPROVED [] DENIED [ ] OTHER: COMMISSION ACTION: County Attorney.(X) Ch/ !/4' í/ Mgt. & Budget ()Q Purchasing Mgr.:(X) (), tV Originating Dept:: Finance: (Check for Copy only. if Applicable) Other: other: Erf. 1/97 z ~J: ~ c Q. s: s: s: --i CD I 3 m m m .. m m m m " Q. ;:a ;:a ;:a ~ .. !! 0 0 0 n " " " I 0 m m (") --i 3 ë ë 0 r CJ c s: 0 ;:a 0 'tJ (') m (") » ^ (") C Z G') m s: ñi <: m CJ ;;0 m z z 0 ~ ~ 0 C CJ ~ "'U c :¡; ëii ñi --i ~ c » ;:a .~ 5: æ ~ c ~ m Ïl C . ~ r I Z 0 Z 0) ;;0 ~ cø m Ø'I ~ "" Cf) "'U 0 Z Cf) < m I Z 0 OJ 0 OJ 0 Z 0 3:" om ~:š:: ":š:: 0(") Þ::tI "Z :Þ» :-i(") ::J:c: .~ 0 ~O ~< ~en ~en "en zO ClIO c:~- ~-I 1""0 c::tI :J:O c- FO .Pm 0- mz ~:š:: c: ." :a_ :a(") Z I"" OJ mz c. ~!! ~O ::tI .sno :Þ I"" .:-I 0 ." JT1 Z » I"" Z ." (") 0 I"" r> (") < » . m en Z -I 0 m 0 D ::tI c: en " :š:: m z -I en » . m en ~ ~ ~ ~ ~ .... I.Ø I.Ø I.Ø N I.Ø .... I.Ø 00 (JI .þ. '"= Ò N ÒI ':..,¡ OJ co en (JI (JI .þ. S I.Ø (JI en W W Co ~ U, Q Q .þ. .... en 0 0 » 0 !2" :::!c: ~ ~ ....O::tl ~ ~ ~ ~z(") I.Ø .... - » ::I: co I.Ø I.Ø Ò 0 .þ. .... (JI :š::.» ? I.Ø en I.Ø .þ. o en en 0 Q Q Q N 0 0 0 0 Q ~O!!! m m m 0 -Izz m m O-(en ?> ?> ?> ?> ?> ::tIen-l eno» :š::1= . :š:: en .... ..., 0 »"tJ "tJ oc: m :Š::::tI z -0 m ~::I: 0 en» .. -Ien ." ~m m -I» OJ -z ::tI 00 c: z_ » z ::tI en -( ~ N . ~.... . N » 0 -I 0 0 N Z @ 0 N ." W S 0 0 "tJ m :š:: 0 "tJ ::tI OJ 0 -10 0 »» c: OJ::tI (") c:O :::! ·0 0 »."en z :::!("):-I m OOr D zc:c: c: enZO :;:¡ ::I:~¡;; :š:: m(")(") m !!100 z -I .:š::c: OJ:š::z --~ Oen oen N- .0 oz wm ....;:0 en ~!l~e~R~th7J3idJ':Jo:Ó2~6~: , - "-' ~~ ~d ..J' F7i:!ge 1 J '.-"'......'¿;;..;.""."..., From: To: Date: Subject: Shane DeWitt Michael Rath Tuesday, March 05, 2002 4:19PM Bid No. 02-037 Mike: After careful review and per our conversations I reccomend that we award Bid No. 02-037 to MCSI, 1212 South Andrews Ave., Ft. lauderdale, FI. 33316. Although, Custom Fit Inc. did bid below MSCI a total of $910.00, Custom Fit Inc. has failed numerous times to give us references which envolve similar types of projects. MCSI, on the other hand has. Thank You. Shane De Witt St. Lucie County Media Specialist 2300 Virginia Ave. Ft. Pierce, FL. 34982 Phone: (561) 462-1869 Fax: (561) 462-2131 Email: dewitts@co.st-lucie.fI.us cc: Douglas Anderson; Sonya Smith '---~.---.-_--~-~<--~~---~ --,.-._." -- -._---~-=:._--:;; c.... C ~ \... CJ) -I ~ ;; ,.... 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(") C/)~c: en (0 <: ;;C ~ 0 O~::tI IV en C1I i ~1'T1~ en ~ ~ C)~C/) c c en t: 111 9 ~ .... O~O c (") 1'T1r-"" <: c ?; C/)r- 0 ):o.ttJ ~ r-111 r- ~ ~ ~ CD r- I'T1 .C/) '- IT( NO. C-3 A DAYl: March 12. 2002 AGENDA REQUEST REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (XX) TO: BOARD OF COUNTY COMMISSIONERS ~EDBY: eo J. ordelro . Solid Waste Manager SUBMITTED BY (DEPT): Public Works Dept./Solid Waste Division SUBJECT: Staff requests the Board of County Commissioners approve the February19, 2002 proposal from Camp Dresser & McKee, Inc., to assist with the permit modification ofthe Glades Road landfill stormwater and landfill gas systems for a total amount of $149,000. BACKGROUND: St. Lucie County previously contracted with Camp Dresser & McKee to design and permit the Glades Road landfill Phase III (1991/1992) landfill expansion. Stormwater features required for build-out of the alndfill site were designed and to be installed as required for each phased expansion of the 330-acre landfill site. Recent incorporation of a baling facility, planned siting of vegetative waste recycling operations, and future projects identified to date will require modification of the permitted stormwater plans and landfill gas systems. This proposal is broken down into two lump sum parts, landfill Gas system Permitting at $46,200 and Stormwater System Permitting at $102,800. B.P. Technology will be reimbursing St. Lucie County 100·/. of the Gas System Permitting ($46,200) and 25% of the Stormwater System Permitting ($25,700), as outlined in the Contract between St. Lucie County and B.P. Technology. FUNDS AVAilABLE: Funds are available In Account # 401-3410-531000-300. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends Board of County Commissioners approve the February 19, 2002 proposal from Camp Dresser & McKee, Inc., to assist with the permit modification of the Glades Road landfill stormwater and landfill gas systems for a total amount of $149,000. KI APPROVED o DENIED sAnderson ty Administrator COMMISSION ACTION: o OTHER: lID County Attorney: ~ Review and Approvals lID Management and Budget: J..tJ m~ ,~ Other: (Landfill) lID Purchasing: ¡( t<?.. lID Originating Dept: (Pub. Wks.) o Other: o Finance:' Check for copy only, if applicable: Anyone with a disability requiring accommodations to attend this meeting should contact the Sf. Lucie County Community Services Manager at 561-462-1777 or TTD 561-462-1428, at least 48 hours (48) prior to the meeting. ': .. '-" ""'" CDM 1701 Highway A-l-A, Suite 301 Vero Beach, Florida 32963 tel: 561 231,4301 fax: 561 231-4332 February 19, 2002 Mr. Leo Cordeiro Solid Waste Manager St. Lucie County 6120 Glades Cutoff Road Fort Pierce, Florida 34982 Subject: Proposal for Glades Road Landfill Stormwater and Landfill Gas Systems Permitting Dear Mr. Cordeiro: CDM is pleased to submit this proposal to assist St. Lucie County with permit modification of the Glades Road Landfill stormwater and landfill gas systems. Work entails site survey, environmental resource permit application preparation Title V permit modification, modeling, and analysis. It is our intent to submit the application with supporting documents to the Florida Department of Environmental Protection (FDEP) within 120 days of authorization. The specific scope of work, labor hour requirements, and budget are included in Attachments A, H, and C. Very truly yours, g&~ Senior Project Manager Camp Dresser & McKee Inc. C/ c-'L---" Alex H. Makled, P.E., DEE Associate EJG/rb Enclosures File: OOOO-AHMNB-MT.AHMSLC rbJ991.doc consulting· engineering· construction· operations '-" ..., ST. LUCIE COUNTY SOLID WASTE MANAGEMENT AGREEMENT FOR PROFESSIONAL SERVICES 1. PROTECT DESCRIPTION Consulting engineering services assisting the County in performing various tasks associated with the solid waste system. II. SCOPE OF SERVICES Reference is made to the attached Scope of Work and the "Agreement for Professional Services" dated April 11, 2000. III. CONSULTING ENGINEER INSURANCE REQUIREMENTS A. Professional Liability lnsurance with limits of liability no less than one million dollars ($1,000,000) per occurrence. B. Worker's Compensation lnsurance in accordance with Florida Statutes. C. Employer's Liability with nùnimum limits of one hundred thousand dollars ($100,000) each accident. D. Comprehensive General Liability with a nùnimum limit of five hundred thousand dollars ($500,000) combined single limit for Bodily Injury and Property Damage. IV. COMPENSATION FOR SERVICES Compensation for services shall be as follows in accordance with the "Agreement for Professional Services" dated April 11, 2000. TASK FEE/TYPE Stormwater System Perrrùtting Landfill Gas System Pernùtting $102,800 $46,200 $149,000 Lump Sum Lump Sum Total rb399l.doc ...... WITNESS: WITNESS: w·~ .., ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS By: Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney CAMP DRESSER & McKEE INe. rbJ99I,doc. '-' ....", St. Lucie County Landfill Proposed Layout Modifications Scope of Services Background St. Lucie County (COUNTY) previously contracted with Camp Dresser & McKee (ENGINEER) to design and permit the Glades Road Landfill Phase III (1991/1992) landfill expansion. Stormwater features required for build-out of the landfill site were designed and to be installed as required for each phased expansion of the 330-acre landfill site. Recent incorporation of a baling facility, planned siting of vegetative waste recycling operations, and future projects identified to date will require modification of the permitted stormwater plans and landfill gas systems. Tasks to be completed by the ENGINEER are described below. Task 1 - Site Survey The ENGINEER will review the most recent site topographic survey and compare to a recent site aerial photograph. The ENGINEER will also compile an existing stormwater inventory from information provided by the COUNTY for the onsite primary stormwater management system (PSMS). CDM will field verify up to 30 onsite stormwater structures. CDM will prepare a survey plan for onsite areas and storm facilities not accurately represented in the site survey and stormwater inventory. It is assumed that no wetland survey will be required. The ENGINEER will contract with a surveyor licensed in the State of Florida to prepare a topographic survey as defined below: Establish onsite horizontal and vertical control. Run a bench loop from existing control monumentation to the project area and establish at least two benchmarks for the site. Obtain updated topographic survey across the landfill site. The survey updates will be limited to onsite areas modified since the most recent site-wide survey. Obtain an updated the stormwater facility inventory along the PSMS defining pipe sizes, lengths, material, dimensions, invert elevations, and weir dimensions and control elevations. Task 2 - Geotechnical Exploration The ENGINEER shall contract for a subsurface soil investigation in the area of the proposed project. The subsurface soil investigation shall include soil borings in area where facilities and/ or control structures are proposed. Estimation of the seasonal high water table will also be required as part of the subsurface soil investigation. The geotechnical explorations will provide additional geotechnical analysis in identified needed areas, a geotechnical engineering evaluation of the subsurface conditions with respect to planned construction, and a recommendation of special earthwork construction requirements (if necessary). To the extent practical, the subsurface explorations will be coordinated with the project survey required for design. A-I rb399l.doc ...., .." Task 3 - Stormwater Evaluation The ENGINEER will develop hydrologic and hydraulic models of the existing and proposed landfill based upon information collected from previous evaluations and from survey data collected under Task 1. The hydrologic and hydraulic models of the PSMS will be completed using the Interconnected Channel and Pond Routing (ICPR) Model, Version 2.2. The ENGINEER will develop a model schematic showing subbasin load points, PSMS network nodes, linkages, and storage elements. The ENGINEER will develop the datasets for ICPR using existing land uses under existing hydraulic conditions. A maximum of 50 conduits will be used to represent the system. The ENGINEER will use a maximum of 20 hydrologic units to represent the modeled system. This model may be refined for future site expansion phases. The ENGINEER will use the stormwater model to estimate the peak design stages and flows within the landfill PSMS under existing and proposed hydraulic conditions from the 10-, 25-, and 100-year/72-hour design storm events. The proposed facility design(s) will be reviewed and provided to the ENGINEER by others. Task 4 - Permitting Assistance - Stormwater The ENGINEER will prepare and submit an Environmental Resource Permit (ERP) package to the SFWMD for review and approval. The ENGINEER will respond to two (2) Requests for Additional Information (RAI) to clarify information in the permit application. The following elements are typically required in an ERP application: Brief report of project; Basin delineation; Peak flow quantities and analysis; Construction sequence phases (if applicable); Proposed construction layout; Construction techniques; Stormwater treatment and control techniques; Wetland delineation and potential mitigation (if applicable); and, Construction plans. Additional RAI responses will be additional services to this Agreement. The ENGINEER will use the ICPR model data sets (as modified by the ENGINEER) as the basis of hydrologic and hydraulic evaluations for the permit application. The ENGINEER will use the facility construction plans as provided by others for the permit application. A-2 rb399l.doc '-" "'" Task 5 - Permitting Assistance - Landfill Gas Activities performed under this task consist of those functions required to prepare the permit documents related to landfill gas system modifications for submittal to the Florida Department of Environmental Protection (FDEP), meeting with FDEP, and responding to FDEP's request for additional information (RFIs). More specifically, this task includes the following subtasks: Subtask 5.1 FDEP Solid Waste Section (Landfill Operation Permit Modification) The ENGINEER will prepare and submit to FDEP the permit documents to construct the project in accordance with the requirements of Chapter 62-701, F.A.C. and applicable conditions of the site's operation permit. These documents shall include the preliminary design technical memorandum, permit drawings, and specifications as provided by vegetative waste recycling operator. Subtask 5.2 FDEP Air Quality Section - Air Resources Permit 2.2.1 Permit Application for Process Equipment The ENGINEER will prepare Permit Application for process equipment from information provided by vegetative waste recycling operator. Emission estimates and active gas ventilation stack operating information will be identified in the permit application. Site layout maps identifying the location of the vent stacks will also be included in the permit application. 2.2.2 Air Pollution Control Permit Application The ENGINEER will prepare Air Pollution Permit Application. Flow diagrams showing the location of the active gas collection system relative to the flare location will be provided. The ENGINEER will also provide literature/vendor information on the flare control technology. Subtask 5.3 Permitting Assistance - This subtask shall include: · Two pre-application meetings with FDEP staff in West Palm Beach. One with the solid waste section and the other is with the air quality section. · The submittal of the design plans and contract documents at the 90 percent completion stage to FDEP in Tallahassee along with completed permit application and associated fees. The COUNTY will be responsible for permit application fees, if required. · Two meetings with FDEP in West Palm Beach after the permit application is submitted. · A response to two sets of RFls from FDEP. A-3 rbJ991.doc '-' ..., Schedule The ENGINEER will complete the work based on the following schedule from Notice to Proceed (NTP) or receipt of survey data (RSD), whichever is later: Task 1.0 - Site Survey Task 2.0 - Geotechnical Exploration Task 3.0 - Evaluation Task 4.0 - ERP Permit Application Task 5.0 - Landfill Gas Permit Application's 60 days from NTP 45 days from NTP 60 days from RSD 120 days from RSD 120 days from NTP PAYMENT AND COMPENSATION Payments for services shall be made on the basis of a lump sum fee for each task in the project scope of services and in accordance with Attachments B and C. CDM will submit monthly invoices based on the percent complete for the work perfonned. A-4 rb3991.doc '-' ...." -I!! .\! :¡ o 0 I-J: CO~O NMLO 1'1 .... <O~~COO LOLO.,...OJc.o ~ C) ..- co r-- <0 I:t: .- 0 E 0. 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Q) E .- .- <) (/) 'C 'Ë Q) >-> >- õ .... ~~= C)QJ .. :: Q) 'C Q) Q) 0__::1 C (I) Q) (/)~-~ CD U5Ee~~&. 0- I :¡ ,!!1 :¡ I I ~ -g. -g.·x e I ..J ..- (/)LJ..(/) '" MJ:J:J:WO- ~ ~~NC") -'" ~~"!~~~ "" ~ en . . . IJ) IJ) 0 ('1:1"-""''''''' (I (lMMMMM ca l- I- l- I- I- '-' N . [C ~ Z w :E :::I: c..> < ~ ~ < CI Z ¡:: != tJ):E ~~ zw we.. :EtJ) w:E ~w..J ::>~..J OtJ)- W>-:5 ~tJ)Z tJ)tJ)< ~<..J ::>ClC O..J< :::I:::!O ~u.~ OCtJ) [CZw «C ..J..J< CC..J WZCI ~< <~ :Ew -~ ~< æ~ :E ~ o ~ tJ) tJ) < CI ..J ..J ü: C Z < ..J I W c..> Z < ~ ~ tJ) tJ) < CI Z ¡:: != :æ ~ w e.. I o Lti ~ tJ) < ~ ¡¡ Õ I- co""'oCOCX) .......~"I:f~...... c:1:: .- 0 EO. -00. < :J m ~~~~~ ... ( ;t: os ... C ~~o~~ ... ( c: CI ïii ( C CX)CX)000 ¡¡ c: o ïii 111- .! o '- 0.. CX);:;!iCX);:;!i~ ¡¡ c: o ïii _ 111- .! o '- 0.. ~gc:c~re ¡¡ c: ... 0 o .- .- 0 c: III ( ( m- o ... 0.. CO~CXJ~aJ :::.s OS OS 0..- .- U U 0 .!: 0 ... 0 0..< Ncx)cx)""'N '- ( U == e N""'''''''''''N .::c. III OS I- .0 ü: a: - o "' c: Qj .Q c: U) Q)Ü.Qo.. 0 UQ)ÜW ~ c:VJ\I)C ~Q)m";: .2 .~ iñ ~ > Q) cn<a~CI)m(/) ~~~g'~5 'C :;::Eo. o 01._ a ( .0 "' ·C:Õl..Q):JC1) ~ËVJ:¿:2VJa: VJ E ~ ~ I I I I I "'" .... 10 o CX) CX) 10 CD .... o co o CD .... o co "'" N co .... oJ < l- e I- ...." ~ ;: :;:: -e N dJ PROJECT: PROJECT DESCRIPTION: REFERENCE: 'w' ...,,¡ ATTACHMENT C-1 BUDGET Glades Road Landfill Stormwater and Landfill Gas Systems Permitting Task 1.0 through 4.0 As Outlined in the Scope of Services, Attachment A Agreement between St. Lucie County Board of County Commissioners and Camp Dresser & McKee Inc. Labor Categ-ory Hours Officer 18 Principal! Associate 96 Professional II 312 Professional I 132 Drafter 50 Admin Support 70 TOTAL HOURS 678 TOTAL DIECT SALARY Plus 39.3% Fringe Benefits $20,714 $8,141 $67,808 TOTAL LABOR COST (salary x 2.35) OUTSIDE PROFESSIONAL SERVICES $30,000 Survey Geotechnical $25,000 5,000 OTHER DIRECT COSTS $5,000 GRAND TOTAL $102,808 USE A LUMP SUM $102,800 C-l ,b3991.doc PROJECT: PROJECT DESCRIPTION: REFERENCE: '-' 'WI ATTACHMENTC-2 PROJECT BUDGET Glades Road Landfill Stormwater and Landfill Gas Systems Permitting Task 5.0 As Outlined in the Scope of Services, Attachment A Agreement between St. Lucie County Board of County Commissioners and Camp Dresser & McKee Inc., dated April 11, 2000 Labor Category Hours Officer 16 PrincipaI/ Associate 24 Senior Professional 80 Professional II 160 Professional I 80 Designer 16 Drafter 58 Admin Support ...ßQ TOT AL HOURS 370 TOTAL DIECT SALARY Plus 39.3% Fringe Benefits $13,200 $5,188 TOT AL LABOR COST (salary x 2.35) OTHER DIRECT COSTS $43,211 $3,000 GRAND TOTAL $46,211 USE A LUMP SUM $46,200 C-2 rb3991.doc 'w' ...., AGENDA REQUEST ITEM NO. C3b DATE: Mar. 12. 2002 REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (X ) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): Public Works - Blda & Zonina :ãENTED BY: /htJL Dennis M. Grim Code Compliance Manager SUBJECT: Request the Board of County Commissioners approve the purchase of a LP350V projector from CDW-G at the cost $3277.14 with a carrying case for the use of training staff in the Code Compliance Department, Code Enforcement Board Hearings, and Contractors Licensing Boards. Equipment req. # 02-202. BACKGROUND: In the past with the Code Enforcement Board Hearing and Contractors Licensing Boards, pictures were past around to Board members, this would enable us to show all the board members at the same time for review, point out information to clarify, and would help the general public to understand the various violations we are discussing. With the new Building Codes taking affect, we can effectively train staff on new codes and changes to better serve our customers. It would also enable us to more effectively continue our cross training program with staff and help training with the new software programs such as Blackbear. FUNDS AVAILABLE:491-2415-564000-200 - Machinery & Equipment. Funds available from the account due to the saving on vehicles. Equipment req #02-095. PREVIOUS ACTION:N/A RECOMMENDATION: Staff requests the Board of County Commissioners approve purchase of projector from CDW-G for the cost of $3277.14 Equipment req #02-202. ~ APPROVED o OTHER: o DENIED COMMISSION ACTION: o County Attorney: ~ o Originating Dept: (Pub. Wk Review and Approvals o Management and Budget: ..hLf ,¿;¡,p o Purchasing: II/V o Other: (Landfill) o Other: o Finance: Check for copy only, if applicable: ...., 1: ~ gs '5 0) CQ .1:: 0 0 "Õ E () .... ::::: .8 :5 .S; ::s 0 .Q ~ .8 Q.. ~ "t:I :: () ~ § I:: ,() () .Q ..: e s: :5 qJ qJ ~ I:: () qJ :5 () ~ "t:I .'- 0 () ij) '3: .!!! <I) :5 .!!! <I) o' qJ CQ g ~ '- .8 <I) 3;1 <I) - ::s ~ ~ () '« 0 qJ qJ .E Ô) ~ "5 <I) .;:: ·s .::: ::s c ~ () ~ <I) ~ .2 E ~ <I) .S¿ qJ G () E t}¡ <I) ~ 00 Q.. () .~ E ...... a: 1ii :5 "tj .8 ~ ~ (J) :5 ~ ~ '" W N ~ 1ii Q.. ...... Z 0 .~ qJ G ~ 0) ~ ~ ~ 0 0 ~ () ~ N () :5 Cñ I '" .Q <I) .... qJ E I:: ~ 'I::: 000 0 () ~ 0 -0 CQ E () <I) ::EN ,~ 1: .!!! <I) ~ ::Ea:N 0 '- () [!? gs 'S: ~ I:: 0«0 ~ 2S () OWë;;¡ () .Q :5 a: .S¿ () ·ê w ».... -J :5 .8 ..c: m I-.JCWs ~ :::::: ~ <I) ~ :!: () Z«O .8 qJ () 0)0) ::;) :::)0 ë G ~ :5 ¡¡¡ ,S; z Om w ~ 0 "t:I ..c: .S: I- ..c: oi!.. > <3 <I) I:: G ~ Z 0 .8 .E! "t:I .... ::;) IJ.a:W a: !!? I:: ..9- 0 OO!;;: a.. 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Ii g () <- Q. .... ~ qJ .S; ~ .S¿ ~ I:: ê <I) '- t:I ~ .... ,g ~ G 0.;; .8 :ê <:)I æ (5 () E .S; 0 t:I -J G () ,¡¡; 0 ¡:.: z w 0 a: z ~ I- W :!: z I- Z U w a: 0 ¡¡ :!: < Cñ ~ a.. a.. :;: en :5 w ::;) 0 c Õ "':I W ¡';'/ Time: ::"2:48 PM Trv CHARLOTTE LACHAN'CE @ 17724621148 CDW Page; 002-002 v 'wi Computing Solutions Built for Government & Education n www.CDWG.com SALES QUIDTATION _ ç:'J\':~LOTTE LACHANCE 2300 VIRGINIA AVE . -'--::~: 07 ST LUCIE ?IZRCE, FL 34982-5632 s COUNTY OF ST LUCIE H 2300 VIRGINIA AVE I P T o CHARLOTTE LACHANCE FORT PIERCE, FL 34982-:632 Contact: CHARLOTTE LACJlANCE '. -;~~~ -r;' 7724621572 Customer Referenoe # 020304 QUOTE '" . . EXEMPTION CERTIFICATE - '::',-.-V:;:,::::';:ZR 847-968-9754 UPS Ground Request Tenns c: OVT- EXEMPT .,;' . PRICE EXTENDED PRICE . , 233658 INFOCUS LP350V DLP 1300L Mfglt: INF-LP350 3121. 00 3121.00 :'/?/"J.!."1 S-G/SAMSONIE 20IN UPRIGHT PROJ CASE Mfglt: SGO-184111401 156.14 156,14 Ask your Account Manager about our GSA Schedule It: GS-35F-0195J TOHL . 3,277.14 :- -:".::"\ 'C'LLS SHOWROOM '''''',''.:" I\"onc'e VernDn Hills, IL 60061 ':C:' ',0( :31,7,465,6800 CHICAGO SHOWROOM 315 W, Grand Avenue, Chicago, IL 60610 Phone: 312,527,2700 Fax: 312,527,2798 P 'ease remit payment to: 75 Remittance Drive Suite 1515 ,';hicago. IL 60675-1515 CONFIDENCE. CDW IS A FORTUNE 500 COMPANY. - '-' AGENDA REQUEST ..." ITEM NO. C...3t DATE: March 12,2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 PRESENTED BY: .Þ~~~.(~ -- íDonald B. Wt5t.PE County Engineer SUBJECT: Grey Twig Lane MSBU - Interlocal Agreement with the City of Port St. Lucie to Provide Potable Water BACKGROUND: Attached to this agenda is a copy of an Interlocal Agreement with the City of Port St. Lucie related to the Grey Twig Lane MSBU. Under the Agreement, the County will create the Grey Twig Lane MSBU to levy a special non-ad valorem assessment to pay for a project to provide potable water service to properties within the Grey Twig Lane MSBU. St. Lucie County will design and install the system necessary to provide the water service and turn the system over to Port St. Lucie Utilities upon completion and acceptance. St. Lucie County will provide the means to finance the project which will be paid off by an assessment levied on properties within the Grey Twig Lane MSBU. FUNDS AVAIL.: N/A PREVIOUS ACTION: September 18, 2001 - Board created the MSBU and authorized the County Engineer to proceed with engineering and design of the project and to prepare an agreement with the City of Port St. Lucie. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the Interlocal Agreement with the City of Port St. Lucie to provide potable water for the Grey Twig Lane MSBU and authorize the Chairman to sign the Agreement. > COMMISSION ACTION: ~] APPROVED [ ] DENIED [ ] OTHER: Coord ¡nation/Signatures [x]County Attorney fr-- [x]Public Works Dir~ [ ]Mgt. & Budget [x ]Co. Eng---,11 ~ . [ ]Purchasing [X]MSBU Coordinator f-þ [ ]Finance cc: OMS Manager Finance Director ". ...." INTERLOCAL AGREEMENT POTABLE WATER SERVICE GREY TWIG LANE MUNICIPAL SERVICES BENEFIT UNIT THIS INTERLOCAL AGREEMENT is made and entered into this day of 200;', by and between ST. LUCIE COUNTY, a political subdivision of the state of Florida (the "County") and the CITY OF PORT ST. LUCIE, a Florida municipal corporation (the "City"). WHEREAS, on June 28/ 1994, the City and the County entered into an Þ.greement of Transfer whereby the County transferred ownership of a County water/wastewater, and propane utility system to the City (hereinafter referred to as the "City Utility System"); and WHEREAS, the Agreement of Transfer provides that the County has the right to create special assessment districts to construct line extensions to the City Utility System to provide utility services to residents in unincorporated portions of the City Service Area and the City has agreed to cooperate with the County to provide utility services to these special assessment districts by entering into separate agreements for each such district in accordance with the Agreement of Transfer and the City Uniform Extension Policy; and WHEREAS, the County has created a special assessment district in the nature of a municipal services benefit unit to fund the cost of providing potable water service, to be provided by the City Utility System to the Grey Twig Lane MSBU in unincorporated st. Lucie County (the "Grey Twig Lane MSBU") . NOW THEREFORE, for and in consideration of these premises, the parties hereto agree as follows: 1. Definitions. The definitions set forth in the chapter entitled "Public Utilities" found in the Port St. Lucie City Code shall apply in this Agreement unless otherwise specified below; provided, however, that for purposes of this Agreement 1 '-" ...." the County shall be considered a "Developer" or "Customer" thereunder except that pursuant to Section 5.4 (b) (iii) of the Transfer Agreement, the County is not required to pay Guaranteed Revenues. The following definitions and references are given for the purpose of interpreting the terms as used in this Agreement and apply unless the context indicates a different meaning. (A) "Service" The readiness and ability by the City to furnish water to the Grey Twig Lane MSBU. (B) "Point of Delivery Collection" - The point where the pipes of the utility are connected with the pipes of the Property Owners. Unless otherwise indicated, the point of deli very shall be at a point on the Property Owner's lot or property line. (C) "Property Owners" - The owners of record of the real property within the Grey Twig Lane MSBU and their respective successors or assigns. (D) "Contribution-in-Aid-of-Construction" The sum of money, and/or property, represented by the value of the water distribution system constructed by the County, which the County covenants and agrees to payor deliver to the City, as a contribution-in aid-of-construction, to induce the City to continuously provide water service to the Property. 2. Payment. In accordance with the Agreement of Transfer and the City Uniform Extension Policy, the County agrees to pay the water capital charges, inspection fees, review fees, and processing fees from the proceeds of a special non-ad valorem assessment to be levied on the properties within the Grey Twig Lane MSBU. The Property Owners shall be responsible for the payment of all other applicable fees in accordance with the Agreement of Transfer and the City Uniform Extension Policy. 3. Easement and Rights of Access. The parties agree that all facilities necessary to provide water service to the Grey Twig Lane MSBU will be located in County's rights-of-way. The County agrees that the County's rights-of-way include the necessary right of ingress and egress to the property lines of the lots in the Grey Twig Lane MSBU. If necessary, the County 2 '-' 'wi agrees to assist the City in obtaining any easements rights of access necessary to provide water service from the Property Owner's lot lines to the customer service connections. The County further agrees that the City will be under no obligation to provide water service to any customer who fails to give the City such access easements, if any. The City hereby agrees that they will use all County right-of-way in accordance with the established and generally accepted practices of the water industry with respect to the installation of all its water facilities in any of the County rights-of-way areas. 4. Provision of Service Upon the accomplishment of all the prerequisites contained in this Agreement to be performed by the County, including but not limited to the payment in full of all applicable capital charges and fees, the City covenants and agrees that it will allow the connection of the water distribution facilities installed by the County to the central water facilities of the City in accordance wi th the terms and intent of the Agreement. Such connection shall be in accordance with rules and regulations of the Department of Health and the Florida Department of Environmental Protection. The City agrees that once it provides water service to the Grey Twig Lane MSBU and has connected customer installations to its system, that thereafter, the City will continuously provide, in return for payment of all applicable rates, fees, and charges by the Property Owners and in accordance with and subj ect to the other provisions of this Agreement, and of applicable laws, including rules and regulations and rate schedules, water service to the Grey Twig Lane MSBU in a manner to conform with all requirements of all governmental agencies having jurisdiction over the water distribution operation of the City. 3 '-' ,..." 5 . Design. Review. Construction. Inspection and Conveyance Facilities 5.1 To induce the City to continuously provide the Grey Twig Lane MSBU with water services, the County hereby covenants and agrees to pay for the construction and to transfer ownership and control to the City, as a Contribution-in-Aid-of- Construction: (a) the on-site water distribution system (the "On-Site Facilities"), and (b) the off-site water distribution system, together with all appurtenances thereto from the Grey Twig Lane MSBU to a point of connection with existing City mains (the "Off-Site Facilities"), both as more particularly shown in the original plans and specifications to be prepared by LBFH, Inc. and as the same may be revised prior to final approval (the "Plans") . 5.2. The County shall pay the City to review engineering plans and specifications of the type and in the form as prescribed by the City, showing the Off-Site and On-Site Facili ties proposed to be installed to provide service to the Grey Twig Lane MSBU. All construction of utility facilities, whether on-site or off-site, whether conveyed to the City or not, shall be in accordance with the Plans. The City will advise the County's engineer of any sizing requirements as mandated by the City's system extension policy and utility standards for the preparation of Plans and specifications for facilities within the Grey Twig Lane MSBU. The County shall be entitled to "third party pay backs" for any over sizing required by the City in accordance with the City Uniform Extension Policy. The Plans and specifications shall be submitted to the City and no construction shall commence until the City has approved such plans and specifications in writing. After approval, the County shall cause to be constructed, at the County's expense, the On- Site and Off-Site Facilities as shown on the Plans. 5.3. During the construction of all On-Site and Off- Site Facilities by the County, the City shall have the right to inspect such installation to determine compliance with the Plans, adequacy of the quality of the installation, and further, 4 '-' ...., shall be entitled to perform standard tests for pressure, filtration, line and grade, and all other normal engineering tests required by specifications and good engineering practices. Complete as-built plans shall be submitted to the City upon completion of construction. 5.4 By these presents, the County hereby transfers to the City title to the On-Site and Off-Site Facilities installed by the County's contractor, pursuant to the provisions of this Agreement. Such conveyance is to take effect without further action upon the review and acceptance by the City of the said installation. As further evidence of said transfer to title, and upon the completion of the installation and prior to the rendering of service by the City, the County shall convey to the City, by bill of sale, or other appropriate documents, in form satisfactory to the City's counsel, the On-Site and Off-Site Facili ties. The City agrees that the acceptance of the water distribution system installed by the County, for service, or acceptance of the bill of sale, shall constitute assumption of responsibility by the City for the continuous operation and maintenance of such systems from that date forward. 5.5 Payment of the Contributions-in-Aid-of- Construction does not and will not result in the City waiving any of its rates, rate schedules or rules and regulations, and their enforcement shall not be affected in any manner whatever by the County making the contribution. The City shall not be obligated for any reason at all nor shall the City pay any interest or rate of interest upon the contribution. Neither the County nor the Property Owners shall have any present or future right, title, claim or interest in and to the contributions or to any of the water or wastewater facilities and properties of the City, and all prohibitions applicable to the County and the Property Owners with respect to no refund of contributions, no interest payment on said contributions and otherwise, are applicable to all persons or entities. No user or customer of water and/or wastewater services shall be entitled to offset any bill or bills rendered by the City for such service or services 5 '- ...., against the contributions. The County shall not be entitled to offset the contributions against any claim or claims of the City. 6. Ownership of Facilities The County agrees with the City that all water facilities conveyed to the City for use in connection with providing water services to the Grey Twig Lane MSBU, shall always remain in the complete and exclusive ownership of the City, and any entity owning any part of the Grey Twig Lane MSBU or any residence or building constructed or located thereon, shall not have the right, title, claim or interest in and to such facilities, or any part of them, for any purpose, including the furnishing of water services to other persons or entities located within or beyond the limits of the Grey Twig Lane MSBU. 7. Application of Rules, Regulations and Rates. Notwithstanding any provision in this Agreement and to the extent not in conflict with the Transfer Agreement, the City may establish, revise, modify and enforce rules, regulations and rates covering the provision of water and/or wastewater service to the Grey Twig Lane MSBU. If such rules are found in conflict with the Transfer Agreement, the rule (s) shall not be enforced against the County or the Property Owners to the extent of such conflict. Such rules, regulations and rates are subject to the approval of the City Council of the City. Such rules and regulations shall always be reasonable and subject to regulation as may be provided by law or under contract. Rates charged to the Property Owners shall be identical to rates charged for the same classification of service. All rules, regulations and rates in effect, or placed into effect in accordance with the preceding, shall be binding upon the County and Property Owners, upon any other entity holding by, through or under the County or the Property Owners and upon any customer of the water and/or wastewater service provided to the Grey Twig Lane MSBU by the City provided, however, that the County shall be bound only by such rules, regulations and rates which relate to the 6 '-"' ..., construction, installation, and conveyance of On-Site and Off- Site Facilities to the City as described herein. 8. Disclaimers, Limitations on Liability, County Obligations. 8.1 Status The parties deem each other to be independent contractors, and not agents of the other. 8.2 Force Maj eure Neither the City nor the County as to the Property Owners, shall be liable or responsible to the other by reason of the failure or inability to take any action it is required to take or to comply with the requirements imposed hereby or any injury to the other or to those claiming by or through the other, which failure, inability or injury is caused directly or indirectly by force majeure as hereinafter set forth. The term "force maj eure as employed herein shall mean acts of God, strikes, lockouts, or other industrial disturbance: acts of public enemies, war, blockades, riots, acts of armed forces, militia, or public authority, epidemics, breakdowns of or damage to machinery, pumps, or pipe lines; landslides, earthquakes, hurricanes, fires, storms, floods, or washouts; arrests; title disputes; or other litigation; governmental restraints of any nature whether federal, state, county, municipal or otherwise, civil or military; civil disturbances; explosions, failure or inability to obtain necessary materials, supplies, labor or permits or governmental approvals whether resulting from or pursuant to existing or future rules, regulations, orders, laws or proclamations whether federal, state, county, municipal or otherwise, civil or military; or by any other causes, whether or not of the same kind as enumerated herein, not within the sole control of either party that by exercise of due diligence the respective party is unable to overcome. 8.3. Disclaimer of Third Party Beneficiaries. This Agreement is solely for the benefit of and shall be binding upon the formal parties hereto and their respective authorized successors and assigns. No right or cause of action shall accrue upon or by reason hereof, to or for the benefit of any 7 ~ ...., third party not a party to this Agreement or an authorized successor or assignee thereof, except that, the Property Owners and their successors or assigns shall be considered third party beneficiaries of this Agreement. 8.4. Disclaimer of Security. Notwithstanding any other provision of this Agreement, the County expressly acknowledges (a) that it has no pledge of or liens upon any real property, any personal property, or any existing or future revenue source of the City as security for any amounts of money payable by the City under this Agreement; and (b) that its rights to any payments or credits under this agreement are subordinate to the rights of all holders of any stocks, bonds, or notes of the City, whether currently outstanding or hereafter issued. 8.5 County Obligations. The County's sole obligations under this Agreement are to (a) construct the On-Site-Facilities and Off-Site Facilities described above and convey of these facili ties to the City in accordance with the terms of this Agreement, and (b) pay all fees set forth Section 2. of this Agreement. Following the fulfillment of these obligations, the County shall have no further responsibilities under this Agreement. 9. Permission to Connect Required - Annexation/Surcharge. The Property Owners, or any occupant of any residences or buildings located thereon, shall not have the right to and shall not connect any customer installation to the water or wastewater facilities of the City until the City has granted approval for such connection. Pursuant to the Transfer Agreement, the City has the right to condition connection approval upon, at the option of the Property Owners, either (A) the payment of a surcharge as authorized by Section 180.191, Florida statutes, or (B) by agreement to be voluntarily annexed into the City upon the determination to do so. 10. Covenant Not to Engage in Utility Business. To the extent not in conflict with the Transfer Agreement and provided that the City has not defaulted under the terms of this Agreement, the County, as a further consideration for this 8 AGENDA REQUEST ....." ~ - "2. D ITEM NO. ...:.; _.. '-' DATE: March 12, 2002 TO: BOARD OF COUNTY COMMISSIONERS REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] PRESENTED BY: ~~~et:~ County Engineer SUBMITTED BY(DEPT): ENGINEERING DEPT SUBJECT: Sun land Gardens M.S.B.U. Potable Water Improvements - FPUA Request Permission to Advertise for the Initial Public Hearing BACKGROUND: See attached memorandum FUNDS AVAIL. (State type & No. of transaction or N/A): N/A PREVIOUS ACTION: None RECOMMENDATION: Staff recommends acceptance of the petition and that permission be granted to advertise for the Initial Public Hearing. In the opinion of staff, this public hearing is recommended to be held on April 19, 2002 which is a "night" Board meeting. COMMISSION ACTION: [Xl APPROVED [] DENIED [ ] OTHER: CoordlnationlSiQnatures [x]County Attorney [ ]Mgt. & Budget [x ¡Co. Eng ~. f [xJpublic Works Di [ ]purchasing [x ]MSBU Coor ~ [ ]Finance '-' """'" COMMISSION REVIEW: March 12,2002 ENGINEERING MEMORANDUM TO: FROM: DATE: SUBJECT: Board of County Commissioners Donald B. West, County Engineer March 5, 2002 Sunland Gardens MSBU Potable Water Improvements - FPUA BACKGROUND Over the past three years, residents in Sunland Gardens have been petitioning their neighbors to gain support in creating a MSBU to bring potable water improvements to the entire Sunland Gardens Subdivision. The petitions were submitted to St. Lucie County and the owners'signatures have been verified. Due to insufficient support throughout the entire subdivision, staff restructured the MSBU boundary to incorporate the present area which has generated the most support. The petition/boundary submitted represents 44% in support of the project. However, due to health concerns the residents have expressed their desire for the Board to consider approving the project. At this time, the remaining area of Sunland Gardens is being petitioned by the residents to seek further support to join the MSBU and increase the boundary, at a later date. In the event that the boundary is increased, the improvements can be constructed as one project, and the residents will recognize a cost savings, thus lowering their assessment amount. An informal meeting was held on February 13, 2002 with the residents to discuss Fort Pierce Utilities Authority as the utility service provider, the conceptual design, MSBU process, and to provide the residents with a rough estimate of the cost. Based upon the consensus of opinion of those present at the meeting, it was determined that the County should proceed with the MSBU project. RECOMMENDATION Staff recommends acceptance of the petition and that permission be granted to advertise for the Initial Public Hearing. In the opinion of staff, this public hearing is recommended to be held on April 19, 2002 which is a "night" Board meeting. 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'" '" -.. ! 1 .. t -, ,,~ .., ~' ... _~.. ;It:J!:j, .,p,,<:-~¡ I ~,!i .¡. . .:r!.8 '!"$11 .=.1.:::1:1::1:1'£ .itE.... œø..: :: 6 5: toI(TZC(R -' :: mnu CI '00 oM C. .... t, e$ . at 1 .s -, '",. - n ..4 ... " _~________ --~rr.rrr- ----::----'S::'----~--- __;a:: ------Jf!f'-----r'OlJ ¡.;I ¡.-------. 11_1 1"7 .u.:.I' u.o.... \ ~J '_R..,1O I U4..b I 1'iO: ~ ..ç--- I ~ I .. ...·I.;þ II ~ . . l!!. SEE SHEET 24/0BN · Þ" "'" AGENDA REQUEST ...I ITEM NO. C-3e DATE: March 12, 2002 CONSENT [X REGULAR PUBLIC HEARING [ ] Leg. [ Quasi-JD. [ TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): Public Works SUBJECT: BACKGROUND: FUNDS AVAIL. : PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: [X] [ ] APPROVED OTHER: County Attorney: Originating Dept: Finance: (copies only): (k PRESENTED BY: Raymond Wazny Director Authorize the submittal of one grant application to the Florida Department of Community Affairs Hazard Mitigation Grant Program for funds to replace a failing culvert in Lakewood Park that will protect 225 homes from future flooding. In addition, authorize the Board of County Commissioners Chairman to sign the application and routine maintenance agreement. In December 2000 and January 2001, a severe freeze impacted nineteen counties in Florida. Since the President Declared a Disaster (FEMA- 1359-DR-FL), $57,901.15 in Hazard Mitigation Funds has been earmarked for St. Lucie County. To be eligible for funding under the HMGP, proposed measures must meet the minimum project criteria under 44 CFR 206.434(b). Projects may be of any nature that will result in protection of public or private property from natural hazards. Since minor structural flood control projects are eligible for funding and the Lakewood Park culvert replacement project is identified on the County's Local Mitigation Strategy, staff determined that this would be the best use of the $57,901. Of the seven culverts that are scheduled for replacement in Lakewood Park, the culvert at the corner of Winter Garden and Ft. Pierce Boulevard is in the worst condition that could lead to flooding problems if it is not replaced. Once the grant funds are received, the proj ect could be complete in 90 days. The grant application will be for $57,901.15 and the County is required to have at least a 25% local match. The $19,300.33 match is available in the drainage maintenance MSTU reserves fund #102001. N/A Staff recommends that the Board authorize the BOCC Chairman to sign the grant application and maintenance agreement and authorize staff to submit the grant application to the Florida Department of Community Affairs Hazard Mitigation Grant ogram. DENIED CONC g sAnderson ty Administrator Mgt & Budget: Public Works: Purchasing: Other: AgeHMitlakewood.doc ')F.8 BUSH GQvernor ~:(:~,l~~ &d~ S7AiE'OF FL~RiDA~" ( &c:itn D E PAR T MEN T 0 F COM M U NIT Y A F F A IRS ~(fIa "D.d , ",.. /0 m..;.. PIo';d. · .",,, PI,,, I' ,," horn," {!.,.azz;¡ STEVEN M. SEIBEf¡T 5eo'etary ~ f' ;\ U.': ,_.- f ,- " ~:;f~~ \~ç;::'~'\ Ie>, LfV\U~ '-'" LEC-18-01 08:27 AM DOUG ANDERSON P.02 DeC'embei I ! ,2001 ~, . (' '.' 1,/,' ". . I \.../ rf',- ,. '('; '-C.vi 7 ----- ~~. r -_" ~ Î/PC" ;)1 /. MEMORANDVM - - '/tþ }..,-¡? 37 TO; Chairperson of LMS Working Group submitting Hazard Mitigation Grant Program ' " applicationslmdtT FEldA·1359-DR·FL (Alachua, Collier, Dllval, Hemélndo, l-i-\'" Highlands, HiJlsborough, Indian ;River, Lake, Marion, Miami-Dade, Monroe,.. 'cl . Nassau, Orange, Palm Beach, Pasco, PinelIas. Polk, and St. Lucie Counti.es»;t.....~, (:: ~0 V ¿/./f ,Y./'" .1)'''''-' FROM:if/-craig Fugate, State coord:inating ofIieer';~i} "'! ' SlæJECT: Hazard Mitigation Grant Program Funding Summary Ltt:L ,,: /.::; "'; ',uGJ" ()-/\- " i ' \ - " . i .~ \,.4.,1" . -- -- --.- rroeram Summª-Q' I· i \ As a result of the State's recent Pn;sidenlial Disaster Declaration (FEMA-1359-DR-FL), the Federal Emergency Management Ager.cy (FEMA) has made available Hazard Mitigation Grant ')"... J Program (HMO?) ftlllds to the Srate of Florida. This program, which is authorized by Section 404 '- ~ \ of the Robert T. Stafford disaster Relief Act, is designed to assist state and local governments, regional agencies (i.e., water management districts and regiona.l plarming councils), privatè non. I profit organizations, and Indian tribes in implementing long-term m¡tigalion measures following I major disaster declarations. The amount of funds available to the State is based on 15% of the total 1 federal disaster assistance for this event. FEMA can fund up to 75% of thc eligible costs of each project, while the applicam is responsible for providing at least a 25% match. CQ!!nty FundJ2istribution To ensure that funds are distributed equit~bly among the declared countiès, each county has been assi6'i1ed a portion of the total HMOP grant based on j¡s proportional share of the total federal assistance under the Public Assista:1ce (P A), Individual Assistance (fA) and Small Business Administration (SBA) progr3tl1s as of 180 days after the declaration. These figur-es a~e shown in AttachmeNt A and represent the estimated amount of HMGP funds currently avaiIabl ' projects within each county. i"eIuding those submitted by cWos. 'PlJ'tJ\\f'!\!ni~at"l!"~n ¡,1 Indian tribes. I D _1 p I Q' r ' . ' 1 ~ U1; DEC 17 2001 I I .-J I t co ADMIN. oFrlCE J 2 I;C;I; <:."...."... ^." __..._, '-" -..I > DEC-1S-Ol 08:28 AM DOUG ANDERSON 5614621648 P.Ø3 MEt.10RA.NDU!\1 D~ç~m'ocr 11, 20eil Pag: Two Funding A vailat,1i.li.1Y. and NQtifi£..~tiQm It is also important to point out that FEMA notifies the State of HMGP funding availability at three separate milestones: . (I) (2) (3) 'oJ" ._M__ ~ 90 Days from the Dal~Lº~larat¡on: This represents an estimate and not a commitment to that level of funding by FEMA; funds could either increase or decrease based on actual disaster claims during the declaration period. 180 Da)]. from the Date or Dechwuion: ---~------_._-_._- This represents the State's "Lock-in Amount" and is the minimum amount the State can expect to receive from F'EMA. It is generally more, but it may be less than the 90-day estimate, however oncc dctennined, the 6-month "Lock-in" will not go down, County allocations listed in Attachment A are based on this estimate. 12 Months fromJb~_Da!e of Deciaration: This represents the State's "Final Lock-in Amount", HMGP funds normally do not increase nor d~creasc after this 12-month timeframe. However, the Regional Director may extend the tÎmeframe to include an additional review at 18 months after the disaster declaration, if thc State requests it and demonstrates that the disaster is so catastrophic that it is causing major fluctuations in the estimated ceiling. If the resulting estimate has increased, the final i8-month "Lock-in Amount" will reflect the increase as well. Proiect Funding! Allocations Because the Department of Community Affairs encourages local mitigation planning, HMGP funding is available to only those counties that have completed and sLlbmitted to the Department a Local J\.fìtigation Strategy. Project applications viill be considered only if: (I) The application is accompanied by an endorsement by the LMS Chairperson or Vice- Chairperson stating that the project is included in the CUfTen~ LMS; and, . (2) If more than one project is submitted, the endorsement indicates the priority in which the project is to b~ funded. The Department shall attempt to fund each submitted project in priority order until the county's a\location has been exhausted. However, any allocation remaining aft~r all eligible projects in any declared county are funded shall be re·allocated to those counties included in the relcvant disaster declaration whose allocation was not sufficient to fund all submitted eligible projects in proportion to eaeh county's share ofunrunded projects. \....-' ..,.¡ DEC-18-01 98:29 AM DOUG ANDERSON 5E.14621648 P.04 MEMOR.,A,.NDUM December 11,2001 Page Thrc:e Aop!ica:ion Timeline The deadline for the submission of applications for the HMGP funds is March 1 S, 2002. Please provide 4 complete copies of the attached application, which may also be obtained at the DEM website, located at http://www.dca.stat~.n.us/brm. Alternatively, you may contact DEM directly ar (850) 413-9884. In oråer to be coosidered, completed appJications must be sent to the following address: Florida Department of Community Affairs DivIsion of Emergency Management Attentjon: Arthur Gaines, Mitigation Planning Section , 2555 Shumarò Oak Boulevard Tatlahassee, Florida 32399-2100 If there are any questions regarding the allocation of funds or the project review and selection criteria, please cat! Arthur Gaines at (850) 922-45 t 8. The fol1owing attaclmlcnts are provided to assist you in submitting qualified project applications: 'r '_"'" I Arrachmem.4: 6-Month "Lock-in Amount" of available HMGP funding Attachment B; Joint IDr1GP & Flood Mitigation Assistance Application Attachment C: Application Completion Checklist cc: Chairperson of the Coullty Commission, Emergency Management Dìrector ~ .." ~EC-18-01 08:29 AM DOUG ANDERSON 5614621648 P.05 Attachment A ~ County ._-~---l. Amount of HMGP Funds Available I Monroe --- I $2,125.97 ~'S!¡as $2,125.98 Indlsn R:ver ~-- . $2,125.98 fNessau $3,854.70 Miami·Dade $3.892.87 Pasco ----._- $4.032.81 A:achu.. .~- I - $4,571.36 I HiQnlands - I $5,177,77 Collier - I $7.272.82 Herr.ar.dc --- $8,884.05 Orance -- - - $11,110.37 ~ar¡on - $11,492.02 - --- $17,505.19 HI!!Sborough IDuval $20,575.39 . $33.674.60 ~~ake I - -' $44,695.92 Polk St. Lucie -----,.-,- . $57,9~1.15 Palm Beach - , $183.C41.25 I I ~ 1= , IT"Ptal for State - - $424,060.00 . "J- ._..~ , \..i ..,,/ - w , . STATE OF FLORIDA' , D EP AR T MEN TO F COM M UN IT Y A FF A IRS , 'D~dicated to making Florida a better place to call home' .,' . " STIVEN lot. selam ' " ~ry ',::. :. .. .' ". ,"" ", . " . . "'.. - .,' . ',DroSION QFEMERGENCYMANAGEMENT BUREAU OF RECOVERY & MITIGATION " .', ".i" ',." ."',',"., PUBLIC ASSISTANCE UNIT ~.-~'~ATE':Ißttb,OJ,", . ...' ,,'.' , "T():IDð~])Af1TÞf<\ -' . -'_ '", ,,' _·'C'.,' '-"n - . "'. ,,:"",' ' .,: 'OR¿ÀNIzATION:St;L.w.Ù: Co, 'f'tL . . ~ . ';, . ~/,,,~"- , Î' \ ç, ."....' . - , ", . ~ ~ "-"',~ --:-., :..~...:__... : l·! 1-';". -...-- ,',~LEPHONE#: ' .FAX#~ 5rc 1- Lf (g~--:¡ 1"7 t-f , . , . ", . ... . . . . ····FROM:+k+l1()~~ £s · 0R.GANIZATION: 'vF:H TELEPHÔNE'##: ',~SO~qll ~ Lt 51 '~ ' ß5Ð~lJ~1~200 1 ~, . " , '~ # ôfpåge~ii:1cluding cover sheet cL . . .' "COMMENTS:J¡? ~p<, Ir~ ~ (i'~ib~ ~t~ ;;;,: _ fA hd-r P It / -rl ..,cd <; Ge ')IL ' p ':~~~"P~~~ ;~in~.~;: ~ 8I~ ~i\tf , hl+ h S I A-tt:l--h u 12- 255S5HUMARD OAK BO,ULEVAID . TALLAHASSEE, JlOUOA 323"-2100 Phone: 8S0.488.8A66JSun~om 27!.8H6 FAX: 850.921.0ï81J5uncom 2'1.0781 , Internei ilddreu: hup·/fwww.dca.llate.ll.us cainCA!. !lTATt COIoICBIN FInD oma 27" 0....... H~Y..Io" 112 , _. Fl3J(]5M227 , OOSI 2a,..~o. COMMUNI1Y Pt.-...c 255SS_00t_ . 'htWtilal/R.3n!i-Jt~ IUCII ~, UoIIItCINCY .......CIME.'<'f 1555S1>_00t- TII_. A.3D!9021OC IISC 41),"" HOUSINC . CQMM'-"'W< DfVUOP...... =_oaa...¡..,.,,¡ T'*'-., FL 3D'''1100 , 11501~ __ __ __. ___ __. ..____~__ ... __ c ._____~. Eligib(e 1'ypes of Projects NEMIS Project Codes .... -, - .' Ineligible Proj~~ts Retrofitting Places of Worship \,./ ...", To be eligible fer fùndîng under the HMGP, proposed measures must me?t the rrJr.irr.u.m project criteria under 44 CFR 206.434(b). These cnlcrio oro C:e&'S"..d Ie> ensure that u... moal appropri~te projects are selected ffX funding. Proi~cts may be of any nalure that will result ìn protection of public or pm/ate property from natural hazards. Some types of projects that may be eligib.'e inçIude: [l] ,~ CFA 2C6.4.34(Þ) · Acquisition of hazardprone property and conversion to open space; Retrofitting exist:ng buildings and facilities; EJevation of flcooprone structures; · · · V:1nd R,eçrof;i.ç · Infrastructure pro~tion measures; · Stormwater management Minor structural ~cd control projects; and ost-disaster code enforcement aGtiViti~5. ~ ........ EMA will pro Information System. The State showld iocJude the appropriate NEMIS project cod~ (see Job ~ Aid 7-1) when swomitting applications for potential HMGP projects. ~ AppliC<lnts may also propose project types not listed in the NEMIS codes 'd for funding consiéeration. Jot) AI 7·, The following types of projects are not eligible under the HMGP: . Retrofitting plaœs of worship (or other projects that solely benefit religious organizations); and . Projects in progress. The paragraphs below discuss these project types in greater detail. FEMA does not provide grants for the purpose of retrofitting places of religious worship (or other projects that solely benefit religious organizations). bec.ause the retrofit program is indistinguishable from the direct cash 9ral1\ programs t!'1at are uniformly forbidden by the United States Government However. an eligible applicant (such as a local govemment) could include the acquisition of a c."!urch in its application where the whole community, not just the church, is the bene:1ciary. , Pmard Mitigàtlon Grant Program ~It. Re!uefl(e-f}rQfc ~ge7- ~ ~ -..I Agenda Request Item Number Date: C-4!1 March 12, 2002 Consent Regular Public Hearing Leg. [ ] [X] [ ] [ ] Quasi-JD [ ] To: Board of County Commissioners SUBJECT: Simple Success Marketing Advertising Submitted By: Community Development - TOURISM BACKGROUND: Simple Success Marketing has been contracted to provide advertising services for the St. Lucie County Tourist Development Council. The attached invoices in the amount of $15,079.70 representing costs for the following: $ 1,615.00 $13,464.70 Retainer Fee Media Placement Request approval for payment on the invoices for the month of February in the amount of $15,079.70. FUNDS AVAILABLE: 611-5210-534000-500 Other Contractual Services PREVIOUS ACTION: RECOMMENDATION: N!A The Tourist Development Council and Staff recommend Board approval to pay the attached invoices. COMMISSION ACTION: ŒJ APPROVED U- DENIED D OTHER ouglas M. An erson County Administrator County Attorney J;{ Originating Dept.: ~ Finance: Coordination! Signatures Mgt. & Budget: Jt¡H "rqf'i!J Purchasing: Other: Other: . . ..". SIMPLE SUCCESS MAIII£11NG. INC. 2646 SW M.øø Ibd SuM. 305 PAlM CITY, F(ORIDA 34990 (5&1) 217·2098 Januaay 24, 2002 o..TE TO Sl Lucie CouIdy Tourism Dcwlopment Aan: GayJa Barwick 2300 VqiDia Ave. Fl Pierce, FL 34982 ~OADEA NO. SALEWÐI8000 ..... TEAMS: Due February I, 2002 QUANTITY DESCRIPTION PRICE AMOUNT Service Retainer Febnwy 1-28, 2002 $ 1615 00 TOTAL $ 1,615 00 THANK YOU f" I, '-'To_ 800-22S«J80 Of MbI.com \. " ~ SIMPLE SUCCESS IIARIŒ11NG, INC. 2646 SW Maøø Road WI. 3Ó5 p~ CIlY, FlORIDA 34990 ~'_~J i-- ,~':'i ~', ~ i~ ~, ',+" ' 5027 Fcbrualy 13, 2002 " (561) 2.7·2098 DAn 10 St. Lucie Coumy Tourism. Dcpattmeut A1TN: OayIaBarwick 23()() ViI¡iDia A vc. Fl Picrœ, FL 34982 c:usTaoaA OfIDEA NO. SALE--* IlIA TEAMS: Due Upon Receipt QUANTITY DESCRIPTION PRICE AI\10UNT Arthur Frommer's Budget Travel 1/6 Page; 4/C Visit Florida Section Insertion Date: January/February, 2002 S 5 737 50 TOTAL $ 5,737 50 THANK YOU ( I_I T._ 800-225-41310 or Mt..cam ~ "..¡ SIMPLE SUCCESS MARKETING. INC. 2646 SW Mapp Road Sun. 3Ò5 PAlM CnY, FiORlDA 34990 INVOICE (561) 287-2098 February 13) 2002 5026 00."' TO Sl Lucåe County Tourism DepaI1mcnt AnN: Gayla Barwick 2300 VqiDia Ave. Fl Pierce, F1.. 34982 CUII1CWI,,, OAOEA NO. SALE_NOH VIA TEAMS· Due Upon Receipt QUANTITY DESCRIPTION PRICE AMOUNT Reader's Digest 1/6 Page; 4/C Get Up & Go - Great Drive Vacations In the Southeast Insertion Date: February, 2002 ~ 3 811 50 TOTAL $ 3,811 50 THANK YOU ( I_/T._ ~~0I"""'.0Jm "'. '- To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAilABLE: PREVIOUS ACTION: RECOMMENDATION: '-" ....., Agenda Request ~- Lf R March 12,2002 Item Number Date: Consent Regular Public Hearing Leg. [ ] [X ] [ ] [ ] Quasi-JD [ Board of County Commissioners Community Development Consider staffs request to approve the Florid Agreement for the Westmoreland Park project a Agreement on behalf of the County Commission. On November 30, 2001, Florida Communities Trust (FCT) awarded funds in the amount of 75% of the project costs or $2,055,825,000; whichever is less, to purchase the 31.75-acre( Westmoreland Park site. The remaining 25%, or $685,275.00, of the costs to acquire the land will be provided from the Environmentally Significant Lands fund and the Recreation Impact Fee fund. Westmoreland Park is a partnership project between the City of Port St. Lucie and Sl Lucie County. The Trust for Public Lands was a partner to the grant application but has withdrawn from the FCT grant. The Trust For Public Lands currently has an option to purchase the project lands and will assist the City of Port St. Lucie during the acquisition phase of the project. The attached Conceptual Approval Agreement sets forth the acquisition procedures and guides the future management and use of the project lands. The proposed agreement must be approved and retumed to FCT by March 22, 2002 to comply with FCT terms. The final agreement to purchase and management plan will be forwarded to the Commission for final approval prior to the expenditure of County funds. Funds are available in the Environmental Lands Bond Fund (approximately $260,000) and the Recreation Impact Fee Fund (approximately $425,000). On July 17, 2001, this Board authorized submission of the Westmoreland Park FCT project application. Approve the Florida Communities Trust Conceptual Approval Agreement for the Westmoreland Park project and authorize the Chairman to ¡gn. /k COMMISSION ACTION: CXJ APPROVED CJ DENIED D OTHER Douglas M. Anderson County Administrator County Attomey Originating Dept.: Finance: Coordination! Signatures Mgt. & Budget: Other: Purchasing: Env. Management: ~AGEND595a) ......., ...,J DEPARTMENT OF COMMUNITY DEVELOPMENT Planning Division MEMORANDUM TO: Board of County Commissioners FROM: Dennis Murphy, Community Development Director DATE: March 6, 2002 SUBJECT: Consider staffs request to approve the Florida Communities Trust Conceptual Approval Agreement for the Westmoreland Park project and authorize the Chairman r to sign the agreement on behalf of the County Commission. The proposed Florida Communities Trust (FCT) Conceptual Approval Agreement is essentially a grant award agreement that provides 75% of the project costs, or $2,055,825, whichever is less, towards the purchase of approximately 31.75 acres along the North Fork of the St. Lucie River Aquatic Preserve (Map Attached). The estimated cost to acquire the FCT site is $2,741,100; the County would be responsible for providing the 25% match or an estimated $685,275. The Conceptual Approval Agreement (CM) sets forth the conditions that must be satisfied prior to disbursement of FCT funds. Section VII of the agreement includes conditions that are particular to the Westmoreland Park project that must be addressed in the project's management plan. On May 24, 2001, the Land Acquisition Selection Committee recommended the Board of County Commissioners contribute up to 50% of the cost to purchase the preserve portion of the project, an estimated 15 acres. Funding for the preserve portion of the project was to be based on the final boundary lines and the appraised valued of the preserve acreage. Funds for the recreation portion of the project were to be provided from recreation impact fee fund. When the Commission approved the draft Westmoreland Park project on July 17, 2001, the Trust For Public Lands was still working with the City of Port St. Lucie to finalize the boundary of the different uses. The final boundary of the recreational and commercial uses relocated the commercial lands from the north end of the Westmoreland Tract to the center portion of the tract, between the preserve and the recreation area that are part of the FCT project. The Westmoreland Park FCT project was submitted as a partnership between St. Lucie County, the City of Port St. Lucie and the Trust For Public Lands. The Trust For Public Lands has since withdrew as a co-applicant on the FCT application, however, will continue to work with the City and County to acquire the project lands. The Trust for Public Lands currently has an option to purchase the entire 42-acre Westmoreland tract. The FCT application includes 31.75 acres of the 42-acre tract; the remaining lands are to be rezoned to commercial and held by the Trust For Public Lands for resale. Recreational amenities will include nature trails and educational signage on the 12-acre preserve portion of the project. Open play areas; picnic shelters, totlot, tennis courts, backstop, restrooms and parking are proposed on the 20-acre recreation area. The City will prepare the required management plan that will guide the future use and management of the project lands. St. Lucie County environmental lands staff will review the proposed management plan and schedule the plan for Commission approval prior to the expenditure of funds. The City will own and manage the project lands. ......., ...,J March 6, 2002 Page 2 Subject: Westmoreland FCT Project Conceptual Approval Agreement Staff recommends the Board approve the Westmoreland Park Florida Communities Trust Conceptual Approval Agreement and authorize the Chairman to sign the Agreement. If you have any questions or would like additional information. please let me know. Cc: Press County Administrator r ~ ......, FCT Contract Number oo-CT- FLORIDA COMMUNITIES TRUST FFI Award Number 0l-023-FFI WESTMORELAND RIVERP ARK CONCEPTUAL APPROVAL AGREEMENT THIS AGREEMENT is entered into on , 2002, the date the last party executes this Agreement, by and between the FLORIDA COMMUNITIES TRUST (FCT), a nonregulatory agency within the State of Florida Department of Community Affairs, and ST. LUCIE COUNTY and the CITY OF PORT ST. LUCIE, local governments of the State of Florida (Recipient). The intent of this Agreement is to impose tenus and conditions on the use of the proceeds of certain bonds, hereinafter described, and the lands acquired with such proceeds (Project Site), that are necessary to ensure compliance with applicable Florida law and federal income tax law and to otherwise implement provisions of Sections 259.105, 259.1051, and Chapter 380, Part III, Florida Statutes (F.S.). r * * * * * * * WHEREAS, Chapter 380, Part III, F.S., the Florida Communities Trust Act, creates a nonregulatory agency within the Department of Community Affairs (Department) that will assist local governments in bringing local comprehensive plans into compliance and implementing the goals, objectives, and policies of the conservation, recreation and open space, and coastal management elements of local comprehensive plans, or in conserving natural resources and resolving land use conflicts by providing financial assistance to local governments and nonprofit environmental organizations to carry out projects and activities authorized by the Florida Communities Trust Act; WHEREAS, Section 259.105(3)(c), F.S., of the Florida Forever Act provides for the distribution of twenty- two percent (22 %) less certain reductions of the net Florida Forever Revenue Bond proceeds to the Department to provide land acquisition grants to local governments or nonprofit environmental organizations through the FCT for acquisition of community-based projects, urban open spaces, parks, greenways, and recreational trail systems to implement local comprehensive plans; WHEREAS, the Bonds are issued as tax-exempt bonds, meaning that the interest on the Bonds is excluded from the gross income of bondholders for federal income tax purposes; 01-023-FFI 02/22/02 Joint Acquisition 1 \wt ~ WHEREAS, Rule Chapter 9K-7, Florida Administrative Code (F.A.C.), describes the procedures for evaluation and selection of lands proposed for acquisition using funds allocated to the FCT through the Department from the Florida Forever Trust Fund; WHEREAS, the FCT Governing Board met on November 29-30,2001, to score, rank and select projects that were to receive conceptual approval for funding; WHEREAS, the Recipient's project, described in an application submitted for evaluation, was selected for funding and in accordance with Rule Chapter 9K-7, F.A.C., and more particularly described within this Agreement; WHEREAS, Rule 9K-7.009(l), F.A.C., authorizes FCT to impose conditions for funding on those FCT applicants whose projects have been selected for funding; and WHEREAS, the purpose of this Agreement is to set forth the conditions of conceptual approval that must be satisfied by Recipient prior to the disbursement of any FCT Florida Forever funds awarded, as well as the restrictions that are imposed on the Project Site subsequent r to its acquisition with the Bond proceeds. NOW THEREFORE, FCT and Recipient mutually agree as follows: I. GENERAL CONDITIONS 1. At least two original copies of this Agreement shall be executed by the Recipient and returned to the FCT office at 2555 Shumard Oak Boulevard, Tallahassee, FL 32399-2100, as soon as possible and before March 22, 2002. If Recipient requires more than one original document, the Recipient should photocopy the number of additional copies needed, and then execute each as an original document. Upon receipt of the signed Agreements, FCT will execute the Agreements, retain one original copy and return all other copies that have been executed to the Recipient. 2. The name Conceptual Approval Agreement is used to indicate that the project has been approved as a concept that was described in the Recipient's application that was submitted and selected for funding by FCT (Application). Since the entire Project Site has not yet been negotiated for acquisition, some elements of the project are not yet known, such as the purchase price, other project costs, and the tenns upon which an owner will voluntarily convey the property. The Conceptual Approval Agreement is in every respect a grant contract between the parties and sets forth the requirements and responsibilities for acquisition and management of the Project Site, described in the Application. 01-023-FFl 02/22/02 Joint Acquisition 2 ~' ..J 3. Conceptual approval for funding shall be until November 30, 2002 (Expiration Date). In the event that the Project Plan described in Section V. below has not been approved by the Expiration Date, conceptual approval shall be terminated. The FCT may extend conceptual approval beyond the Expiration Date if the Recipient demonstrates that significant progress is being made toward Project Plan approval or that extenuating circumstances warrant an extension of time. A request for an extension must be made in writing to FCT, fully explaining the reason for the delay and why the extension is necessary. If the Recipient does not request an extension, or if an extension is not granted to the Recipient by the FCT, the Florida Forever award granted to the Recipient shall terminate and all obligations hereunder shall cease. 4. This Agreement may be terminated before its Expiration Date at the written request of the Recipient. Such a request shall fully describe the circumstances that compel the Recipient to terminate the project. A request for termination should be mailed to the FCT at the address given in paragraph I above. 5. This Agreement may be terminated before its Expiration Date by the FCT if it is determined by the FCT that no significant progress is being made toward the acquisition of the r Project Site, non-performance by the Recipient of the requirements listed or that other circumstances are present that would, in all likelihood, preclude or prevent the successful acquisition of the Project Site within the established time frame. Prior to termination, notice of the proposed tennination shall be mailed to the Recipient at the address given in paragraph 13 below. 6. Recipient agrees to submit the documentation to FCT that is required in this Agreement as soon as possible so that the Project Site may be acquired in an expeditious manner. Deadlines stated in this Agreement, as well as deadlines associated with any FCT activity relating to the project, are strictly enforced. Failure to adhere to deadlines, whether stated in this Agreement or associated with meetings of the FCT Governing Board, may result in delays in the project, may result in allocation of time or resources to other recipients that responded timely, and may result in this Agreement being terminated by FCT. It is the responsibility of the Recipient and its representatives to know all project deadlines, to devise a method of monitoring the project, and to adhere to all deadlines. If the Recipient is identified in paragraph III. I. below as the party responsible for all negotiation and acquisition activities, the Recipient shall provide a monthly status report of acquisition activities on the Project Site to FCT. The monthly report shall contain dates that appraisals are ordered and due, as well as dates that purchase agreements are sent to sellers and the status of each contract, as appropriate. Ol-023-FFI 02/22/02 Joint Acquisition 3 '-' ~ 7. The FCT Florida Forever award granted to the Recipient will in no event exceed the lesser of Seventy Five Percent (75.00%) of the final total eligible project costs, as defined in Rule 9K-7.002(28), F.A.C., or Two Million Fifty Five Thousand Eight Hundred Twenty Five Dollars And No Cents ($2,055,825.00), unless the FCT approves a different amount, after determination of the Maximum Approved Purchase Price as provided in Rule 9K-8.oo7, FA.C., and which shall be reflected in an addendum to this Agreement. The amount of the grant shall not exceed the Limitation of Award provided in Rule 9K-7.003(3), FA.C., and as advertised in the Notice of Application. 8. The grant amount stated in paragraph 7 above is based on the Recipient's estimate of total project costs in its Application, as well as limits on awards in the notice of application period announcing the application cycle. When disbursing funds for the project, the FCT will recognize the actual total project costs, defined in Rule 9K-7.oo2(28), FA.C., for acquisition of the Project Site. The total project costs will be reflected on a grant reconciliation statement prepared pursuant to paragraph 10 below. The FCT will participate in the land cost at either the actual purchase price, or the Maximum Approved Purchase Price based on appraisal reports that comply with requirements set forth in Rule 9K-8.007, F.A.C., whichever is less, and multiplied r by the percent stated in paragraph 7 above. 9. The FCT Governing Board has selected the Recipient's Application for funding to acquire the entire Project Site identified in its Application. The FCT reserves the right to withdraw or adjust the FCT award if the acreage that comprises the Project Site is reduced or the project design in changed so that the objectives of the acquisition cannot be achieved. Any request for modification of the boundary of the Project Site identified in the Application may be considered by the FCT following the procedures for submission and review of boundary modification requests set forth in Rule 9K-7.01O, F.A.C. If the Project Site is comprised of multiple parcels, an Acquisition Plan was required in the application. The FCT reserves the right to withdraw or adjust the FCT award if the priority parcel(s), or a significant portion of the Project Site identified in the Acquisition Plan, incorporated by reference herein and attached as Exhibit "A," cannot be acquired. Approval of the Conceptual Approval Agreement shall constitute approval of the Acquisition Plan by FCT. 10. The FCT funds shall be delivered either in the form of eligible project costs prepaid by FCT to vendors or in the form of a State of Florida warrant at the closing of the Project Site, payable to the Seller or the Seller's designated agent authorized by law to receive such payment, provided the Comptroller determines that such disbursement is consistent with good business practices and can be completed in a manner minimizing costs and risks to the State of Florida. If the Project Site is comprised of multiple parcels, FCT shall deliver at the closing of each parcel only the share of the FCT award that corresponds to the parcel being closed. FCT will prepare a grant reconciliation statement prior to the closing of the Project Site parcel that 01-023-FFI 02/22/02 Joint Acquisition 4 ~~/Ð5/2ØØ2 15:04 5&1-871-5124 CITY PORT ST. LUCIE PAGE £12 '--" ....., will evidence the amount oBocal match, if any is required, provided by the Recipient and the portion of the FCT award that corresponds 10 the parcel being closed. Cash expended by the FCT for eligible project costs incum:d by the FCT will be recognized as part of the FCT grant award amount on the grant reconciliation statement. II. The Recipient's local match, if any is required, shall be delivered either in the form of eligible project costs prepaid to vendors by the Recipient; cash; eligible documented donation by Seller of land value; or Recipient's warrant at the closing of the Project Site. If the Projecl Site is comprised of multiple parcels, the Recipient shall deliver at the closing of each pateel the share of the local match, if any is required, that corresponds to the parcel being closed. The cash expended by the Recipient for eligible project costs incurred by the Recipient conducting acquisition activities will be recognized as part of the local match, if any is required, on the grant reconciliation statement prepared pursuant to paragraph ]0 above. In the event that land value is the source of local match, if any is required, the value attributed to the land local match, if any is required, shall be detennined after an' appraisal report that complies with the procedures and requirements set forth in Rule 9K-8:007, F.A.C. Such appraisal report shall be subject to review and approval by FCT prior to FCT funds being delive~ for the project. 12. The fCf Governing Boatd adopted the Florida Forever Program Approved List of Complete Applications for Series FFI Funding Cycle on November 29, 2001, at which time the Project Site became part of a list of lands that WCJe aPPK"oved for consideration for land acquisition. If action initiated by the Rcc.ipient that is the local government having jurisdíction .over the Project Site, súbsequent to November 29, 2001, results in agovemmentally-derived higher value due to an enhanced highest and best use, the FCI' acquisition activities will be tenninated unless the ScUer agrees that the appraisal will be based on the highest and best use of the Project Site on or before November 29, 2001. .r 13. Recipient hereby notifies the FCT that the roHowing administrator, officer, or employee is the authorized key contact, or project manager, on bebalf of the Reclpient for purposes of coordinating project activities for the duration of the project: Name: steven Ball Title: Director of Planning & ZOnil"lg 'Ad~:' City of Port St. lucie, 121 SW Port st. Lucie Blvd,,port st. Lucie, FL 34984 Phone: 712-871-5212 Fax: 772-871-5124 . Email: SteveBmcitv9Fpsl.com 01-023-FFl 02122/02 Joint AcquisHion 5 '--" -...I The Recipient must notify the FCT as to any change in the authorization of the key contact on behalf of the Recipient named above. This notification must be made in writing to the Executive Director and signed by the appropriate authorized administrator, officer, or employee named in paragraph m.6.d. below. 14. This Agreement may be amended at any time and must be set forth in a written instrument and agreed to by both the FCT and the Recipient. Such amendments shall become a part of this Agreement. II. AUDIT REQUIREMENTS Section 215.97, Florida Statutes, the Florida Single Audit Act, provides uniform state audit requirements for state financial assistance provided by state agencies over the audit threshold as defined in that Section as follows: 1. The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. r 2. These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by FCT. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. 3. The Recipient shall also provide FCT with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. 4. In the event that the Recipient expends a total amount of State financial assistance from all state sources equal to or in excess of $300,000 in any fiscal year of such Recipient, the Recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller, and Chapter 10.550 and 10.650, Rules of the Auditor General. Section 17. above indicates State financial assistance through FCT by this Agreement. In determining the State financial assistance expended in its fiscal year, the Recipient shall consider all sources of State financial assistance, including State funds received from FCT, except that State financial assistance received by a nonstate entity for Federal program matching requirements shall be excluded from consideration. The funding for this Agreement was received by FCT as a grant appropriation. o 1-023-FFI 02/22/02 Joint Acquisition 6 "-" ....,¡ a. The annual financial audit report shall include all management letters and the Recipient's response to all findings, including corrective actions to be taken. b. The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. c. The complete financial audit report, including all items specified in (d) below, shall be sent directly to: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and r State of Florida Auditor General Room 401, Claude Pepper Building III West Madison Street Tallahassee, Florida 32399-1450 d. In connection with the audit requirements addressed above, the Recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapter 10.550 and 10.650, Rules of the Auditor General. e. If the Recipient expends less than $300,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the Recipient expends less than $300,000 in State financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from non-State funds (Le., the cost of such an audit must be paid from recipient funds obtained from other than State entities). 01-023-FFI 02122/02 Joint Acquisition 7 03/65/2002 15:04 5&1-871-5124 CITY PORT ST. LUCIE PAGE 03 -.. ...., 5. In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions oftbis Agreement, the Recipient shall be held liable for reimbursement to FCT of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty .(30) days after FCT has notified the Recipient of such non-compbance. 6. 'The Recipient shall retain all financial records, supporting documents, statistical .records, and any other documents pertinent to this contract for a period of five years after the date of submission of the final expenditures report. However, if litigation or an audit has been initiated prior 10 the expiration of the five-year period, the records shall be retained until the litigation or audit findings have been resolved. 7. The Recipient sball have all audits completed in accordance with Section 215.97, Florida Statutes, by an independent certified public accountant (IP A) who shall either be a certified pubJic accountant or a public accountant licensed under Chapter 473, Horida Statutes. The IP A shall state that the audit complied with the applicable provisions Doted above. m. REQUIREMENTS THAT MUST BE MET PRIOR TO INITIATION OF PROJECI' SITE NEGOTIATION r I. If the Project Site consists of five or fewer ownerships, as reflected on the Acquisition Plan. either the FCf or the Recipient may act as the party responsible for all negotiation and acquisition activities. If the Project Site consists of six or more ownerships, as reflected on the Acquisition Plan. the Recipient shall act as the party responsible for a1l negotiation and acquisition activities. The Recipient hereby notifies the FCf that [Note: Elect FCI' or Recipient] will be the party responsible for all negotiation and acquisition activities. If the Recipient is named herein and represented by an agent. the Recipient hereby notifies the FCf that the Recipient's agent is: Name: N/A 'fiOe: Address: Phone: Fax: EmaD: OI-023-FFl 02/2V02 Joint Acquisition 8 03/05/2002 15:04 561-871-5124 CITY PORT ST. LUCIE PAGE 04 ~ ..." 2. The Recipient hereby notifies the FCf that the Recipient's Federal Employer Identification Number(s) is: ST. LUCIE COUNTY 59-6OJ0835 CITY OF PORT ST. LUCIE 59-6141662 3. No later than March 22. 2002, the Recipient must deliver to FCT a written statement from the Project Site property owner(s) evidencing that the owner(s) is wil1ing to ' entertain an offer from the Recipient and Fer. No negotiation or acquisition activity is to be commenced prior to PCT receipt of this statement. 4. No later than March 22, 2002, the Recipient must deliver to FCT the executed Confidentiality Agreement provided to the Recipient by FCf, pursuant to Rule 9K-8.008(3), F.A.C.. No negotiation or acquisition activity is to be commenced prior to FCT receipt of the executed Confidentiality Agreement. 5. The party named in paragraph 1 above as the paxty responsible for all negotiation r and acquisition activities, shall provide the following: a. Title report(s) and appraisal(s) as required by Rule 9K-8.007 (1) - (4), F.A.C.. for review by a date not to exceed 90 days of full execution of this Agreement. FCf will review and approve the appraisal(s) and detennine the Maximum Approved Purchase Price as provided in Rule 9K-8.007(S) and (6), RA.C., ; and b. Purchase agrecment(s), based on the Acquisition Plan (if applicable), must be approved by FCT and sent to owner(s) within 45 days of receipt of the appraisal review memo establishing the Maximum Approved Purchase Price. 6. By execution of this Agreement. the Recipient affinns that; a. the Recipient is ready, willing and able to provide the local matcb, Ü any is required; b. the Recipient reaffIrms the representations made in itS Application; c. the Recipient shall, on Janumy 30 of each year after acquisition of the Project Site, , prepæ:c and submit to FCT an annual stewardship report as required by Rule 9K-7.013, FAC.; 0l-023-FFl CYl/22102 Joint Acquisition 9 03/05/2002 15:04 5&1-871-5124 CITY PORT ST. LUCIE PAGE 05 '-' '...I d. the Recipient authorizes the adminlstraror, employee, or officer Damed in this paragraph to execute all documents in connection with this project on behalf of the Recipient, including but not limited to the Conceptual Approval Agreement or any addenda thereto, purchase agreement for the property, grant reconciliation statement, dosing documeots, statements submitted as a part of the project plan, and Grant A ward Agreement: S1. LUCIE COUNTY . Name: Douqlas M. Anderson Title: County Administrator Addr~: 2300 Virginia Avenue Fört Pieiee, FL 34982 Phone: Fax: r Email: gTY OF PORT ST. LUCm Name: Donald B. Cooper TitJe: City Manager Address: City of Port St. Lucie 121 SW Port St. Lucie Blvd., Port St. Lucie, FL 34984 Phone: 561-871-5163 Fax: 561-871-5248 Email: The Recipient must notify the FCT as to any change in the authorization of the administIator, officer or employee named in this paragraph to execute all documents on behalf of the Recipient. This notification must be made in writing to the Executive Director and signed by the: appropriate administrator, officer or employee. 01-023·FFl 02J2'l102 Joint Acq\lisition 10 -... """ IV. MANAGEMENT PLAN APPROVAL 1. Prior to approval of the Project Plan (described in Section V below), signature of the purchase agreement(s), closing(s) of the real estate transaction(s) and final disbursement of award funds by FCT, the Recipient must prepare a Management Plan that complies with Rule Chapter 9K-7.011, F.A.C., and addresses the criteria and conditions set forth in Sections IV, VI, VII, VITI, IX, and X herein. Recipient is strongly urged to coordinate with the FCT staff in order that the FCT approval of the Management Plan occurs prior to the closing date of the real estate transaction(s) associated with the project and delivery of FCT funds. 2. The Management Plan, which is intended to explain how the Project Site will be managed to further the purposes of the project and meet the terms and conditions of the Conceptual Approval Agreement, shall include the following: 01-023-FFl 02/22/02 Joint Acquisition a. An introduction containing the project name, location and other background information relevant to management. r b. The stated purpose for acquiring the Project Site as proposed in the Application and a prioritized list of management objectives. c. The identification of known natural resources including natural communities, listed animal species, soil types, surface and groundwater characteristics and a plan to inventory all unknown resources. d. A detailed description of all proposed uses including existing and proposed physical and access improvements. e. A detailed description of proposed restoration or enhancement activities, if any, including the objective of the effort and the techniques to be used. f A scaled site plan drawing showing the project site boundary, existing and proposed physical improvements and any natural resource restoration or enhancement areas. g. A description of management needs and problems associated with implementing the Management Plan. 11 "-" ~ h. The identification and protection of known cultural or historical resources and a commitment to conduct surveys prior to any ground disturbing activity, if applicable. 1. A description of proposed educational displays and programs to be offered, if applicable. J. A description of how the management will be coordinated with other agencies and public lands, if applicable. k. Cost estimates based on categories established by the Land Management Uniform Accounting Council. 1. A schedule for implementing the development and management activities of the Management Plan. m. Funding sources to implement the Management Plan. f 3. If the Recipient is not the proposed managing entity, the Management Plan must include a signed agreement between the Recipient and the managing entity stating the managing entity's willingness to manage the site, the manner in which the site will be managed to further the purpose(s) of the project, and identification of the source of funding for management. 4. To ensure that future management funds wiH be available for the management of the site in perpetuity pursuant to Section 259.105 and Chapter 380, Part ill, F.S., the Recipient(s) shall be required to provide the Trust with Reasonable Assurance, pursuant to Rule 9K- 7.002(32), F.A.c., that they have the financial resources, background, qualifications and competence to manage the Project Site in perpetuity in a reasonable and professional manner. Where the Recipient does not include at least one Local Government, the Trust may: require the Recipient to post a performance or other bond in an amount sufficient to insure performance by the Recipient that the Project Site shall be reasonably and professionally managed in perpetuity; require the Recipient to establish an endowment or other fund in an amount sufficient to insure performance; require a guaranty or pledge by the Local Government, in whose jurisdiction the Project Site is located, which shall require the Local Government to take over the responsibility for management of the Project Site in the event the Nonprofit Environmental Organization is unable to, and may require the Local Government to be a named co-signer on the Grant Award Agreement; or require such other assurances as may be necessary to adequately protect the public interest. 01-023-FFI 02/22/02 Joint Acquisition 12 '-' ...,¡ V. PROJECT PLAN APPROVAL 1. Prior to FCT approval of the signed purchase agreement(s), closing(s) of the real estate transaction(s) to acquire the Project Site, and final disbursement of award funds by FCT, the Recipient must submit to FCT a Project Plan that complies with Rule 9K-8.011, F.A.C. This Project Plan is a compilation of the following items listed below, which must be reviewed and approved by FCT. In the event that the Recipient is a partnership, the Recipient must also provide FCT with the interlocal agreement that sets forth the relationship among the partners and the fiscal and management responsibilities and obligations incurred by each partner for the Project Site as a part of its Project Plan. The Project Plan shall include, and shall not be considered by FCT unless it includes all of the following documents, to be reviewed and approved by FCT to ensure that the interest of the State of Florida will be protected: 01-023-FFI 02/22/02 Joint Acquisition a. A purchase agreement for acquisition of the Project Site, in a form approved by the FCT staff prior to being executed by the Seller, such agreement fully executed by both the Seller and the Recipient, that is based on an appraisal(s) approved by FCT and consistent with the requirements of Rule Chapter 9K-8, F.A.C.. r b. A letter from FCT indicating approval of the Management Plan written according to Rule Chapter 9K-7.0 II, F.A.C., and as described in Section IV above. c. A statement of the total project cost, including all non-recurring costs of project development as defined in Rule Chapter 9K-7.002(28), F.A.c. d. A statement of the amount of the award being requested from the FCT. e. A statement from each local government in whose jurisdiction the Project Site is located that the Project Plan is consistent with the local comprehensive plan. f. Evidence that the conditions imposed as part of the Conceptual Approval Agreement have been satisfied. g. A signed statement from the Recipient evidencing that after conducting a diligent search, the Recipient, to the best of its knowledge, represents that there are no existing or pending violations of any local, state, regional and federal laws and regulations on the Project Site. 13 ~~'V~'¿VUL ~~.U~ ..n,.,... .....~. ..,..--. ~ ..",.¡ 2. The FCf strongly encourages the Recipient to request a courtesy review of its entire Project Plan, prior to submission of the Project Plan for approval and release of funds. The FCT will recommend approval of complete and accurate Project Plans or disapproval of incomplete or insufficient Project Plans. Recipient is strongly urged to coordinate with the fCT staff in order that the FCf review of the Project Plan coincides with the closing dAre of the real estate lIansaction(s) associated with the project. 3. Real estate: transactions associated with the project ma.y close oIlly after FCT approval of the Project Plan and compliance with all purchase agreement requirements; In addition. pursuant to Rule 9K-S.Ol1(4), F.A.C., the FCT shall publish a Notice of Approval for Florida Forever funds in the Florida Administrative Weekly that shall list each Project Plan that has received approval for funding and the amount of funding approved. Any person with a substantial interest that is or may be dctenniDed by the decision of the FCT to reject or approve the Project Plan may request an administrative proceeding pursuant to Section 120.57"F.S., within 21 days from publication of the Notice of Approval for Florida Forever funds. Real estate closings associated with the project may close only after expiration of the 21-day notice period, so long as no requests for an admínis~tive proceeding have been ftled. VI. PROJECT SITE ACQUISITION REQUIREMENTS IMPOSED BY CHAPTER 259 AND CHAPTER 380t PART m, F.S. RECIPIENT AGREES AS FOlLOWS: 1. FCT shall approve the terms under which the interest in land is acquired, pursuant to Section 380.510(3), F.S. Such approval is deemed given when the FCf approves and executes the purchase agreement for acquisition of the Project Site, further described in Section V.I.a. above, to which fCT is a pany. 2. Title: to the Project Site shall be titled in the Recipient, unless the Recipient specifically requests that title shall pennanently vest in the Board of Trustees of the Jntemal Improvement Trost Fund (Trustees). Such request shall be subject to the approval of FCr and the Trustees. The Recipient bereby eleets that title to the Project Site shaD be vesœd in T~ City of Port st. Lucie [Note: Insert either the name of Recipient or Board of Trustets of Inte,,",' Improve".e"t Trult Fun4.] If the Recipient elects that title shall vest in tbe Trustees. then all acquisition activities shall be administered by the Division of State Lands as specified in Section 253.025, F.S., and Rule 18·1, FA.C. FCT signature of this Agreement shall constitute approval of this election. Ol-023-FFl 02/2'))02 Joint Acquisirion 14 '-' ...., 3. The transfer of title to the Recipient for the Project Site shall not occur until the requirements for the acquisition of lands, as specified in Section 380.507(11), F.S., and Rule Chapter 9K-8, F.A.C., have been fully complied with by the Recipient and FCT. 4. Each parcel to which the Recipient acquires title in the Project Site shall be subject to such covenants and restrictions as are, at a minimum, sufficient to ensure that the use of the Project Site at all times complies with Section 375.051 and 380.510, F.S.; Section ll(e), Article vn of the State Constitution; the applicable bond indenture under which the Bonds were issued; and any provision of the Internal Revenue Code or the regulations promulgated thereunder that pertain to tax exempt bonds and shall contain clauses providing for the conveyance of title to the Project Site in the Board of Trustees of the Internal Improvement Trust Fund upon failure to use the Project Site conveyed thereby for such purposes. 5. A Grant Award Agreement containing such covenants and restrictions as referenced in paragraph 4 above and describing the real property subject to the Agreement shall be executed by the FCT and Recipient at the time of the conveyance of the Project Site and shall be recorded in the county(s) in which the Project Site is located. The Grant Award Agreement shall restate the conditions that were placed on the Project Site at the time of project selection and initial grant approval. All statements contained in the Grant Award Agreement are contained in this Conceptual Approval Agreement, with the exception of statements that do not survive the real estate closing of the Project Site. 6. If any essential term or condition of the Grant Award Agreement is violated, and the Recipient does not correct the violation within 30 days of written notice of violation, title to all interest in the Project Site shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund. The deed transferring title to the Project Site to the Recipient shall set forth the executory interest of the Board of Trustees of the Internal Improvement Trust Fund. 7. The interest acquired by the Recipient in the Project Site shall not serve as security for any debt of the Recipient. 8. If the existence of the Recipient terminates for any reason, title to all interest in real property it has acquired with the FCT award shall be conveyed or revert to the Board of Trustees of the Internal Improvement Trust Fund, unless FCT negotiates an agreement with another local government or nonprofit organization which agrees to accept title to all interest in and to manage the Project Site. VII. OBLIGATIONS OF THE FCT RECIPIENT AS A CONDITION OF PROJECT FUNDING 1. Following the acquisition of the Project Site, the Recipient shall ensure that the future land use designation assigned to the Project Site is for a category dedicated to open space, conservation, or outdoor recreation uses as appropriate. If an amendment to the applicable 01-023-FFl 02/22/02 Joint Acquisition 15 '-" ...." comprehensive plan is required, the amendment shall be proposed at the next comprehensive plan amendment cycle available to the Recipient subsequent to the Project Site's acquisition. 2. Recipient shall ensure, and provide evidence thereof to FCT, that all activities under this Agreement comply with all applicable local, state, regional and federal laws and regulations, including zoning ordinances and the applicable adopted and approved comprehensive plan. 3. The Recipient shall, through its agents and employees, prevent the unauthorized use of the Project Site or any use thereof not in conformity with the Management Plan approved by the FCT as a part of the Project Plan. 4. FCT staff or its duly authorized representatives shall have the right at any time to inspect the Project Site and the operations of the Recipient at the Project Site. 5. All buildings, structures, improvements, and signs shall require the prior written approval of FCT as to purpose. Further, tree removal, other than non-native species, and major land alterations shall require the written approval of FCT. The approvals required from FCT shall not be unreasonably withheld by FCT upon sufficient demonstration that the proposed structures, buildings, improvements, signs, vegetation removal or land alterations will not adversely impact the natural resources of the Project Site. The approval by FCT of the Recipient's Management Plan addressing the items mentioned herein shall be considered written approval from FCT. VITI. OBLIGATIONS OF THE RECIPIENT RELATING TO THE USE OF BOND PROCEEDS 1. FCT is authorized by Section 380.510, F.S., to impose conditions for funding on Recipient in order to ensure that the project complies with the requirements for the use of Florida Forever Bond proceeds including without limitation the provisions of the Internal Revenue Code and the regulations promulgated thereunder as the same pertain to tax exempt bonds. 2. If the Project Site is to remain subject, after its acquisition by the Recipient and/or the Trustees, to any of the below listed transactions, events, and circumstances, the Recipient shall provide at least 60 days advance written notice of any such transactions, events, and circumstances to FCT, and shall provide to FCT such information with respect thereto as FCT reasonably requests in order to evaluate the legal and tax consequences of such activity or interest for FCT approval. Recipient agrees and acknowledges that the following transactions, events, and circumstances may be disallowed on the Project Site as they may have negative legal and tax consequences under Florida law and federal income tax law. The Recipient further agrees and 01-023-FFl 02122/02 Joint Acquisition 16 ~ ....., acknowledges that the following transactions, events, and circumstances may be allowed up to a certain extent based on guidelines or tests outlined in the Federal Private Activity regulations of the Internal Revenue Service: a. any sale or lease of any interest in the Project Site to any person or organization; b. the operation of any concession on the Project Site by any person or organization; c. any sales contract or option to buy things attached to the Project Site to be severed from the Project Site, with any person or organization; d. any use of the Project Site by any person other than in such person's capacity as a member of the general public; e. any change in the character or use of the Project Site from that use expected at the date of the issuance of any series of Bonds from which the disbursement is to be made; f. a management contract of the Project Site with any person or organization; or g. such other activity or interest as may be specified from time to time in writing by FCT to the Recipient. The foregoing are collectively referred to as the "disallow able activities." IX. DISALLOW ABLE ACTIVITIES/REMEDIES In the event that FCT determines at any time or from time to time that the Recipient is engaging or allowing others to engage in disallow able activities on the Project Site, the Recipient agrees to inunediately cease or cause the cessation of the disallowable activity upon receipt of written notice from the FCT. To the extent allowed by law, Recipient hereby indemnifies and agrees to hold FCT harmless from all claims, causes of action or damages of any nature whatsoever arising from or with respect to disallowable activities on the Project Site. Nothing herein shall be deemed a waiver of the Recipient's sovereign immunity. In addition to all other rights and remedies at law or in equity, FCT shall have the right to temporary and permanent injunctions against Recipient for any disallow able activity on the Project Site. 01-023-FFl 02/22/02 Joint Acquisition 17 / ~ ....., DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE RECIPIENT AND OTHER GOVERNMENTAL BODIES, NONPROFIT ENTITIES, OR NON GOVERNMENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE WILL IN NO WAY RELIEVE THE RECIPIENT OF THE RESPONSIBll..ITY TO ENSURE THAT THE CONDITIONS IMPOSED HEREIN ON THE PROJECT SITE AS A RESULT OF UTll..IZING BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULLY COMPLIED WITH BY THE CONTRACTING PARTY. x. CONDITIONS PARTICULAR TO THE PROJECT SITE THAT MUST BE ADDRESSED IN THE MANAGEMENT PLAN The Management Plan for the Project Site is mentioned throughout this Agreement, and is particularly described in Section IV. above. In addition to the various conditions already described in this Agreement, which apply to all sites acquired with FCT funds, the Management Plan shall address the following conditions that are particular to the Project Site and result from either commitments made in the application that received scoring points or observations made by the FCT staff during the site visit described in Rule 9K-7.009(1), F.A.C.: 1. Two or more resource-based outdoor recreational facilities including a nature trail and picnic pavilions and two or more user-oriented outdoor recreation facilities including a playground and tennis court shall be provided at the Project Site. The facilities shall be designed and located with ITÚnimal impact to natural resources on the Project Site. 2. A permanent recognition sign shall be maintained in the entrance area of the Project Site. The sign shall acknowledge that the Project Site is open to the public and was purchased with funds from the Florida Communities Trust Program and St. Lucie County 3. Interpretive signage shall be provided to educate visitors about the natural environment of the Project Site. 4. A biological inventory of the natural communities found on the Project Site, including the dOITÚnant and listed plant and animal species, shall be conducted prior to any site development. The inventory shall be used to ensure the protection of biological resources and be updated periodically. 5. The mangroves, scrub, scrubby flatwoods, baygall, wet flatwoods, and flood plain marsh communities that occur on the Project Site shall be preserved and appropriately managed to ensure the long-term viability of these communities. 01-023-FFI 02/22/02 Joint Acquisition 18 / · , ~ ..J 6. The Project Site shall be managed in a manner that will protect and enhance the native wildlife species that utilize or could potentially utilize the site. The development of the Management Plan shall be coordinated with the Florida Fish and Wildlife Conservation COIDnÚssion's Office of Environmental Services to ensure the preservation of native wildlife species and further the purposes of the Strategic Habitat Conservation Area designation. Periodic surveys shall be conducted to ensure that site management is compatible with the listed species using the Project Site. 7. The approximately 13-acre, passive park area shall be landscaped with Florida native plant species to provide wildlife habitat and enhance the function and appearance of the Project Site. 8. Approximately 6 acres of disturbed tidal swamp shall be restored to a natural condition in terms of biological composition and ecological function. 9. An ongoing monitoring and control program for invasive vegetation including exotic (non-native) and nuisance native plant species shall be implemented at the Project Site. The objective of the control program shall be the elimination of invasive exotic plant species and the maintenance of a diverse association of native vegetation. The Management Plan shall reference the Exotic Pest Plant Council's List of Florida's Most Invasive Species to assist in identifying invasive exotics on the Project Site. 10. Surface water protection measures shall be developed and implemented for the Project Site in coordination with the Department of Environmental Protection to assist in the furtherance of the North Fork St. Lucie River Aquatic Preserve Plan. 11. Prior to the commencement of any proposed development activities, measures shall be taken to determine the presence of any archaeological sites. All planned activities involving known archaeological sites or potential site areas shall be closely coordinated with the Department of State, Division of Historic Resources in order to prevent the disturbance of significant sites. 12. Site improvements, including outdoor recreation facilities shall be located in such a manner that these facilities shall have minimal impact on the natural resources, including the native tree canopy, on the Project Site. The parking area shall incorporate pervious material wherever feasible. 13. No motorized boat launching facilities shall be provided on the Project Site. The Management Plan shall include provisions to protect seagrass, manatees, and wading bird habitat adjacent to the project site. 01-023-FFl 02/22/02 Joint Acquisition 19 '-" .., 14. Pedestrian and bicycle access to the Project Site shall be promoted through the provision of pedestrian oriented walkways and bicycle facilities that link the Project Site with adjacent residential neighborhoods. Bike parking stands shall be installed at the Project Site to provide an alternative to automobile transportation to the Project Site. 15. The Project Site shall be managed as part of a community wide recreational trail system that connects with other parts of the community and promotes alternative modes of transportation. 16. The Project Site shall be protected and managed as part of linked conservation lands and recreation opportunities within the North Fork of the S1. Lucie River. 17. Proposed site improvements shall be designed and located to minimize or eliminate the long term risk of storm damage or flooding in conjunction with appropriate hazard mitigation agencies or experts. 18. The requirements imposed by other grant program funds that may be sought for activities associated with the Project Site shall not conflict with the terms and conditions of this Agreement. This Agreement including Exhibit "A", if required, embodies the entire agreement between the parties. THE FLORIDA COMMUNITIES TRUST'S OBLIGA nON TO PROVIDE FUNDS UNDER THIS AGREEMENT IS CONTINGENT UPON AN ANNUAL APPROPRIATION BY THE LEGISLATURE. Ol-023-FF1 02122/02 Joint Acquisition 20 -- """" IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement. ST. LUCIE COUNTY FLORIDA COMMUNITIES TRUST By: By: Print Name: Title: Date: Janice Browning Executive Director Date: Approved as to Fonn and Legality: By: Ann J. Wild, Trust Counsel Approved as to Fonn and Legality: By: Print Name: CITY OF PORT ST. LUCIE By: Print Name: Title: Date: Approved as to Fonn and Legality: By: Print Name: 01-023-FF1 02/22/02 Joint Acquisition 21 / .... . .. "-' "'" EXHIBIT E: AERIAL PHOTOGRAPH WITH PROdECT SITE '-' ....., AGENDA REQUEST ITEM NO. C-5 DATE: 3-12-02 REGULAR [] PUBLIC HEARING CONSENT [xx] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Pete Keogh, Director SUBMITTED BY (DEPT) : Parks and Recreation/Aquatics program SUBJECT: Equipment Request No. 02-203 BACKGROUND: Approval to purchase a lane line storage reel for the Port St. Lucie pool is requested. The current lane reel is no longer operational. This piece actually "reels" in lane lines, out of the pool, and stores them on the unit, as opposed to having the lines left on the pool deck. storing the lane lines on this reel protects them from damage and rapid deterioration were they to lay on the pool deck. At the same time, we are requesting cancellation of EQ02-081, for purchase of an air hockey table because we were able to purchase it for under $750. By doing so, funds are made available for purchase of this lane reel. FUNDS AVAILABLE: Funds are available in the Recreation Equipment and Machinery account (001-7215-564000-700). Funds are left over from another piece of equipment that came in under budget. RECOMMENDATION: Staff recommends cancellation of EQ 02-081 and approval of Equipment Request No. 02- for a lane reel for the Port St. Lucie pool in the amount of $1628. [X [ APPROVED OTHER: DENIED COMMISSION ACTION: g County Attorney, 1/ ~ Originating Dept. ~ / Review and Approvals Other, "lAP Other, Purchasing: Management & Budget , \. ;;,. '-' m .IE III m c c D c D <: m c en c c ~ " ï:i ::! G) " :Þ s:: "11 m s:: 0 ;;c m Õ ..... m z ..... z :Þ :Þ z .. s:: -I ..... s:: ..... m ;;c Õ 0" z m z c :-:t D z ~ :-:t m D 0 N . N .. 0 W \ Q.Q) ~ ~ r- \ ~ ;;: CD '" ...... ):,. (j)o CD 0> ~ () ::0 ð,:g () f\J ::0 ~ c: OJ ~ 0 ~ ::0 ~ _"''ö S ):,. (f) õ' ¡g, ~ ::::! :z -t ::J_ar 0 I::) m~ :¡;: 0 ::J :z ::0 Dc: ~ ~ CÐ , III ~ S. ètl ):,. 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III 01 d Q) I::) 0) 3 2. .¡:., a ~~ a 3 ~ a , &5 '" ~ CD ::;. a Q) CD 2.3 QJ § '0_ Q:å1" § -. .- ~/ AGENDA REQUEST ITEM NO. t1foft DATE: March 12. 2002 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Fourth Addendum to Shopping Center Lease - Village Green BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA nON: Staff recommends that the Board approve the Fourth Addendum and authorize the Chairman to sign the Fourth Addendum [ 2i APPROVED [ ] DENIED [ ] OTHER: COMMISSION ACTION: 9J: Review and Approvals County Attorney: Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng.: Finance: (Check for Copy only, if applicable) Eff, 5/96 · '-' """'" I INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. 02-320 DATE: March 5, 2002 SUBJECT: Fourth Addendum to Shopping Center Lease - Village Green ------------------------------------------------------------------------------ ------------------------------------------------------------------------------ BACKGROUND: Attached is a proposed Fourth Addendum to Shopping Center Lease between Port St. Lucie Partners, LLC, the new owners of the Village Green shopping center and the county. Under the terms of the Addendum, the lease term would be extended from February 1, 2003 to January 31, 2004. The proposed monthly base rent of $11,669.33 would remain the same as in the Third Addendum. The proposed monthly CAM charges would be fixed at $6,997.33. In addition, the Addendum provides that the County may terminate the Lease by giving at least ninety (90) days prior written notice. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the Fourth Addendum and authorize the Chairman to sign the Fourth Addendum. Respectfully submitted, DSM/ caf Attachment - FEB-08-02 FRI rs PM TANGENT MANAGEMENT - FAX NO, 1 561 833 r--q p, 02 - Fourth Addendum to Shoppin2 Center Lease This Fourth Addendum to Shopping Center Lease is made and entered into this 15th day of March, 2002 by and between Port 81. Lucie Partners, LLC (hereinafter "Landlord") and Board of County Commissioners of S1. Lucie County. (hereinafter "Tenant"). Whereas, Landlord and Tenant previously executed that certain Shopping Center Lease dated December 6, 1994, as modified previously by the First Addendum to Shopping Center Lease dated De.Gember 6, 1994, as modified previously by the Second Addendum to Shopping Center Lease dated February 1, 2000, as modified previously by the Third Addendum to Shopping Center Lease dated February 1, 2001, (collectively the "Lease"), the subject matter of which was the leasing of approximately 25,600 square feet of space designated as store space M-C ("Premises") within Village Green Shopping Center (the "Shopping Center") located at 9436 South US Highway 1, Port St. Lucie, Florida; and ' Whereas Tenant is interested in extending the term of the Lease until February I, 2004. Now, therefore in exchange for the mutual promises and covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Landlord and Tenant agree as follows: 1. Recitals. The recitals set forth above are true and correct in all respe<:ts and are incorporated herein by referenÚ and made a part hereof 2, Landlord and Tenant agree that Section 4 (Term) of the Shopping Center Lea.se shaH be amended to read as follows: commencing on the lot day of February 2003 (the "Commencement Date") and terminating at midnight on January 31, 2004 (the "Expiration Date"), 3, Landlord and Tenant agree that the monies due shall be as sho'WI1 in the rent schedule below. Base Rent "CAM ... ....Sales Tax Total Monthly Due ! Term (6.5%) I Feb. 1,2003 $11,669.33 + $6,997.33 + NfA = $18,666.66 - Jan. 31,2004 "CAM (Operating Expenses, Real Estate Taxes, & Insurance) will be fixed as shown. Fourth Addendum to Shopping Center Lease Board of County Commi.~sioners of St. Lucie County March 2002 1 't> \w '-' AGENDA REQUEST ITEM NO. C· (Pc. DATE: March 12, 2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Dan Mcintyre County Attorney SUBMITTED BY(DEPT): County Attorney SUBJECT: Company name change for McCreary Corporation. BACKGROUND: Effective January 1, 2002, McCreary Corporation has a wholly owned subsidiary corporation.- Employers Mutual, Inc., also known as EM!. Effective January 1, 2002, McCreary Corporation will execute a reverse merger with EMI and EMI will be the corporate survivor. Contractually, this will require a written assignment of McCreary Corporation's contracts to EM!. FUNDS AVAIL.: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval of company name change from McCreary Corporation to EM!. COMMISSION ACTION: [XJ APPROVED [] DENIED [ ] OTHER: County Attorney: Y Originating Depl. ~ ~ Finance: (Check for Copy only, if applicable)_ Review and Approvals Management & Budget: ,~ß¡p Other: Purchasing: /~ Other: Eft 5/96 - \w ...., AGENDA REQUEST ITEM NO. c-(v6 DATE: March 12, 2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Dan Mcintyre County Attorney SUBMITTED BY(DEPT): County Attorney SUBJECT: Company name change for John Alden Life Insurance Company. BACKGROUND: Effective year 2000, John Alden changed their company name to Lincoln Re. The new application for their name change was not completed and is requested from Lincoln Re at this time. FUNDS AVAIL.: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval of company name change from John Alden Life Insurance Company to Lincoln Re. COMMISSION ACTION: rx] APPROVED [] DENIED [ ] OTHER: County Attorney: Originating Dept.1ANfIíq" ¡í'?'?.n..- ~ Review and Approvals Management & Budget: ~ Other: Purchasing: Iv ~ Other: Finance: (Check for Copy only, if applicableL Eff 5/96 N ayne T eega'rdi6-CiÍJ~gln .~..'..~.~, ·.....,,,...,__.w....ù_·.·. ry'_'_",e,,'",""--','_ -'~ From: To: Date: subject: Kathleen Barry <kathleenb@McCrearyCorporation.com> / "Wayne Teegarden (E_mail)..<Teegardw@co.st-lucie.f.us> 1/4/023:49PM Lincoln Re Mr. Teegarden, Attached please find an application for coverage through Lincoln Re. Lincoln Re has asked that you please sign the bottom portion of this form. In 2000, John Alden changed their name to Lincoln Re. At that time a new application was not completed and they are asking for that information at this time. If you will please fax this form back to my attention at 561-287-1387 it would be appreciated. I also ask that the original be mailed back at your convenience. If you have any questions please feel free to contact me. Thank You, Kathleen Barry Client Services Ext4473 «5t Lucie soce app.doc» Confidentiality Note: The information contained in this em ail message is legally privileged and c;onfidential, intended only for th"e use of the individual or entity named , above. If the reader of this email message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copy of this email message is strictly prohibited. ~-"'w ," Pa.ge1i '-r- .....J Lincoln National Health & Casualty Insurance Company 1700 Magnavox Way P.O. Box 2385 Fort Wayne, Indiana 46801-2385 Application for Coverage Excess Loss Insurance Applicant hereby requests issuance of an Excess Loss Insurance Policy which will reimburse the applicant for covered expenses incurred in providing benefits under an underlying plan. If this Application is accepted by Lincoln, the Policy will be issued to: Full Name of Applicant: St Lucie County Board of County Commissioners 2300 Virginia Avenue Fort Pierce, FL 34982-5652 Address (in full): . Requested Effective Date: October 1, 2001 Coverage Type: [g] Specific [g] Aggregate It is hereby understood and agreed that excess loss insurance will not become effective until Lincoln has (1) accepted this Application for Coverage; (2) received the initial premium; (3) issued a Policy containing a Schedule of Coverage setting forth the terms of coverage. Dated at Fort Pierce, FL City, State this day of January , 2002 Applicant By: Agent Officer Title EL-APPL(2.0) \.w' ~ Notice: Any person who knowingly presents false information in an application for insurance may be guilty of a crime and may be subject to fines and confinement in prison. Florida Notice: Any person who knowingly and with intent to injure, defraud, or deceive any insurer files an application containing any false, incomplete, or misleading information is guilty of a felony of the third degree. Kansas Notice: Any person who knowingly and with intent to defraud presents false information in an application for insurance may be guilty of a crime and may be subject to fines and confinement in prison. New Mexico Notice: Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to civil fines and criminal penalties. New York Notice: Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime, and shall also be subject to a civil penalty not to exceed five thousand dollars and the stated value of the claim for each such violation. Pennsylvania Notice: Any person who knowingly and with intent to defraud any insurance company . or other person files an application fpr insurance containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties. EL-APPL(2.0) ,. AGENDA REQUEST ITEM NO. ~&J DATE: March 12, 2002 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Local Option Gas Tax - Amended and Restated Interlocal Agreement - Correction of Scrivener errors BACKGROUND: See attached memorandum FUNDS A V AILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board authorize the Chairman to initial the corrections and direct staff to record the corrected Agreement. [ 3: APPROVED [ ] DENIED [ ) OTHER: , D uglas Anderson County Administrator COMMISSION ACTION: County Attorney: py' Review and Approvals Management & Budget Purchasi ng: Originating Dept, Public Works Dir: County Eng.: Finance: (Check for Copy only. if applicable) Eff. 5/96 ;; ~ "'wIll INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. 02-335 DATE: March 7, 2002 SUBJECT: Local Option Gas Tax - Amended and Restated Interlocal Agreement - Correction of Scrivener Errors ------------------------------------------------------------------------------ ------------------------------------------------------------------------------ BACKGROUND: A ttached is a copy of an Amended and Restated Interlocal Agreement between the County and the City of Port St. Lucie. When originally drafted by the City's outside counsel, the draft should have included references to Sections 336.025(1)(a) and (b) as well as Section 336.025(3), Florida Statutes. The Mayor and the City Attorney have initialed the changes. RECOMMENDATION/CONCLUSION: Staff recommends that the Board authorize the Chairman to initial the corrections and direct staff to record the corrected Agreement. DSM/ caf Attachment - \.w THIS AGP' ~MENT IS BEING RE-RECO~ TO CORRECT SCRIVENOR'S ERRORS ON PAGES 1 and 4. AMENDED AND RESTATED INTERLOCAL AGREEMENT This is an Agreement between ST. LUCIE COUNTY, a political subdivision of the State of Florida (the County), the CITY OF FORT PIERCE, a Florida municipal corporation, the CITY OF PORT ST. LUCIE, a Florida municipal corporation, and TOWN OF ST. LUÇIE VILLAGE, a Florida municipal corporation (the Cities), for the purpose of providing for the , division and distribution of the proceeds of the-#Ye eleven cent ($OA~~51l) local option gas and diesel tax imposed by St. Lucie County, pursuant to Section 336.025 (1)(a) and (l)(b), Florida Statutes, (the Gas Tax). W WHEREAS, the County and the Cities of Port St. Lucie and St. Lucie Village entered into an Amended and Restated Interlocal Agreement in 1999 which was recorded on April 11, 2000, in Official Records Book 1291 at page 2371 in the Public Records of St. Lucie County, Florida. WHEREAS, the County previously adopted a six ($0.06) cent Gas Tax pursuant to Section 336.025(1)(a), Florida Statutes, the proceeds of which are distributed pursuant to an Amended and Restated Interlocal Agreement which was recorded on July 7, 1993 in Official Records Book 0848 at page 2232 in the Public Records of St. Lucie County, Florida. WHEREAS, on July 17, 1997, the County adopted Ordinance No. 97-15 which imposed two cents ($0.02) of the available five cent ($0.05) Gas Tax authorized by Section 336.025(1)(b), Florida Statutes; and, WHEREAS, on June 15, 1999, the County adopted Ordinance No. 99-21, which imposed the additional three cents ($0.03) Gas Tax authorized by Section 336.025(1)(b), Florida Statutes; and, WHEREAS, the parties desire to distribute the proceeds of the Gas Tax by Interlocal£ Agreement as authorized by Section 336.025ill, Florida Statutes, as set forth herein. tlï~ NOW, THEREFORE, in consideration of the premises and pursuant to the ¡Ji:---' authorization of Section 336.025(3)(a)1., Florida Statutes, the County and the Cities agree that: For Settlement Purposes Only 1 G:\atty\agreemnt\interloc\PSL-FP·Village Gas Tax.2 ; '-' OR BOOK 1476 PAGE 1419 ...,¡ 1. The Cities are municipalities located within St. Lucie County, Florida, and are eligible to receive a portion of the Gas Tax. 2. All distributions made prior to September 1, 2002 are ratified and approved except as revised pursuant to Paragraph 8 herein. All subsequent divisions of proceeds shall be redetermined by the County on or before July 1 of each succeeding year during the term of this agreement beginning July 1, 2002. The annual redetermination by the County of the division of the tax proceeds shall be based on the transportation expenditures of the County and all eligible municipalities based on the transportation expenditures of each for the five fiscal years preceding the year in which the annual redetermination is made, as a proportion of the total of such expenditures for the County and all municipalities within the County. Any disputes as to the determination by the County to distribution proceeds shall be in accordance with Section 336.025(5)(b), Florida Statutes; provided, however, the parties agree that only the actual amount of proceeds in dispute shall be held in escrow by the Clerk. 3. Allowable "transportation expenditures," for purposes of the determination of the division of proceeds in paragraph 2 above, may include expenditures using allowable sources of revenue~, as defined in Paragraph 7 herein, which are received by the local government, excluding expenditures of proceeds of bonds issued by the local government or bonds issued by any other entity, but only if such revenues are actually first spent on any of the following: (a) Public transportation operations and maintenance. (b) Roadway and right-of-way maintenance and equipment and structures used primarily for the storage and maintenance of such equipment. (c) Roadway and right-of-way drainage. (d) Street lighting. (e) Traffic signs, traffic engineering, signalization, and pavement markings. (f) Bridge maintenance and operation. (g) Debt service and current expenditures for transportation capital projects in the foregoing program areas, including construction or reconstruction of roads. For Settlement Purposes Only 2 G:\atty\agreemnt\interloc\PSL-FP-Village Gas Tax.! Î \., OR BOOK 1476 PAGE 1420 '-'II (h) Utility relocation as a direct consequence or result of transportation programs set forth in Section 336.025(7), Florida Statutes where such relocation is required by law to,be at a local government's expense. The cost of relocating utilities which are occupying a local government's right-of-way pursuant to permission granted by the local government shall not be included as a transportation expenditure pursuant to this paragraph. (i) Right-of-way acquisitions. 4. In order to be included as a transportation expenditure, for the construction or reconstruction of a road, the road must first be accepted for maintenance in writing by the local government or included in the transportation maintenance program of the local government, and the local government must be the beneficial owner of the road. 5. Proceeds of bonds issued by the County, the Cities, or any other entity, may not be included in the allowable transportation expenditures, although the debt service payments on any such bonds may be included if the bond proceeds are spent by or on behalf of the local government on allowable transportation expenditures. 6. Expenditures by the State or any State agency on transportation projects wholly owned by the State or State agency, without local government financial expenditures, may not be included by the County or Cities as allowable transportation expenditures. However, financial expenditures by the County or Cities on State or State agency transportation projects wholly owned by the State or State agency may be included by the County or Cities as allowable transportation expenditures up to the financial contribution amount, including local government expenditures for maintenance or enhancement (including lighting and landscaping). 7. Allowable sources of revenue, as permitted in Paragraph 3 above, may include, but are not limited to, revenue to the local government from any of the following: (a) Community Development Districts (CD D's), as authorized under Chapter 190, Florida Statutes. (b) Private sources, including payments of any kind from financial institutions, developers, corporations, citizens or investors. The actual cost of in kind contributed improvements to the roads and streets of the Cities or County For Settlement Purposes Only 3 G: \atty\agreemnt \i nterloc \PSL-FP- Village Gas T ax.l ...... ....., shall be deemed a transportation expenditure provided that the amount includable as an allowable transportation expenditure consists of only that portion of a privately funded public transportation improvement that is in excess of the impact of a private development project, which excess is established by a written traffic impact study. (c) State shared revenue sources consisting of the proceeds of gasoline and diesel fuel taxes and sales taxes. State or Federal revenues other than those revenues specifically allowable in Paragraph 7 shall not be considered for purposes of the determination of the division of tax proceeds in this Agreement. (d) Local government revenues, from any tax (ad valorem or otherwise), fee (including impact fees), assessment, millage, charge, contribution, duty, fine, penalty, toll, levy or tariff. (e) "Municipal Service Benefit Units", "Special Assessment Districts", or "Municipal Service Transportation Units." (f) Monies that could have otherwise been paid the County pursuant to the County's Road Impact Fee Ordinance but that are paid to a City to reserve capacity on the City's transportation network provided the monies consist of only that portion of a privately funded public transportation improvement that is in excess of the impact of a private development project, which excess is established by a written traffic impact study. (g) Debt service payments of bonds made by the County, the Cities, or any other entity provided that the bond proceeds are spent by or on behalf of the local government on allowable transportation expenditures. (8) The County and Cities agree that the June 25, 2001 determination by thei]4 County of the division and distribution of the proceeds of the local option gas and diesel tax imposed by St. Lucie County pursuant to Section 336.025(1) (a) and (b), Florida Statutes, shall be revised one time only to exclude the 2001 annual debt service payment on the St. Lucie L2l- West Services District (District) bonds as City of Port St. Lucie transportation expenditures. Once the roads within the District are owned and maintained by the City of Port St. Lucie as specified in this Interlocal Agreement, the annual debt service payment on the District's bonds shall be included as City of Port St. Lucie transportation expenditures. Immediately For Settlement Purposes Only 4 G:\atty\agreemnt\interloc\PSL-FP-Village Gas Tax,2 "- OR BOOK 1476 PAGE 1422 ....., upon adoption and approval of this Revised and Restated Interlocal Agreement by the County and the municipalities located therein representing a majority of the population of the County, and the filing of the same with the Clerk of the Circuit Court of St. Lucie County, Florida, the City of Port St. Lucie shall file a voluntary dismissal with prejudice with the Division of Administrative Hearings in The City of Port St. Lucie, Florida v. The Board of County Commissioners of St. Lucie County, Florida, and the City of Fort Pierce, Florida, DOAH Case No. 01-3510. 9. This agreement shall be deemed one agreement (the Interlocal Agreement) for the purposes of Section 336.025(3)(a)1., Florida Statutes, and this Interlocal Agreement constitutes an interlocal agreement between St. Lucie County and the municipalities located therein representing a majority of the population of the incorporated area within St. Lucie County. 10. Except as provided in Paragraph 8, this Agreement shall govern the determination of the division and distribution of proceeds of the Gas Tax from July 1, 2002, to August 31, 2015, both inclusive. It shall also govern the division and distribution of proceeds of the Gas Tax imposed through August 31, 2015, but not collected or otherwise not available for distribution until after August 31, 2015. 11. This Agreement may be executed in counterparts and each fully executed counterpart shall be deemed an original instrument. 12. This Agreement shall be filed with the Clerk of the Circuit Court of St. Lucie County, Florida, prior to its effectiveness. BOARD OF COUNTY COMMISSIQI"J RS ",:'~:';OI-"~ ST. LUCIE COU1 ~LO~~' . j.e·'· BY' ~Z;~-:,-? I J-1/rje'YP" ,:/fj "":~,,, · .;:':' '",' I ; V .t/~~J, f _u(J Y',';,:' ,JjXd IN WITNESS WHEREOF, the parties hereto have caused the execution hereof by their duly authorized officials on the dates stated below. " Date: , :..J,,"- For Settlement Purposes Only 5 ! .t; t~ G:\atty\agreemnt\interloc\PSL-FP-Village Gas Tax.1 "- OR BOOK 1476 PAGE 1423 ...., BY: CITY OF FORT PIE l€ . FLORIDA ATTEST: BY: Clerk Mayor Date: APPROVED AS TO FORM AND CORRECTNESS: BY: City Attorney ATTEST: Mayor 1/4/cJ~ ( I BY: Clerk . -.......... \J \) t. r f""' .', ,.. ;.~ \ ....... . ". . ,. ~*. a.- .~ <~ ',i"<"¡; -' ". _ \ ~:,,, ""1 ,-' " ~"', c' ~- . , "'i\<":'i"t¿:-. 1'-- ~~ '",,-, f~'~ ~.. . r '(, ;4.:f: ..- ~ ~, .~ 5 r' 1.\1 ,: ~_ . ", i~ J J J : . ". \ fò . 1 ..' J.- . '. ..' .. f- '- " It Date: APPROVED AS TO FORM AND CORRE SS: ~;:.- /~ /'" /) BY: /"ê For Settlement Purposes Only 6 G:\atty\ogreemnt\lnterloc\PSL-FP-Village Gas Tox'! '- OR BOOK 1476 PAGE 1424 ...., ATTEST: TOWN OF ST. LUCIE VIlLAGE, FLORIDA BY: Clerk Mayor Date: APPROVED AS TO FORM AND CORRECTNESS: BY: Village Attorney For Settlement Purposes Only 7 G:\otty\ogreemnt\interloc\PSL-FP-Village Gas Tax.! ~ ....." December 19, 2001 St. Lucie County Board of County Commissioners Wayne Teeg~din 2300 Virginia A venue Fort Pierce FL 34982 Dear Wayne: We are pleased to announce that effective January 1, 2002, McCreary Corporation will officially be known as Employers Mutual, Inc., also known as EMI. As you are probably aware, McCreary Corporation has a wholly o\vned subsidiary , corporation - Employers Mutual, Inc., also known as EM!. EM! has an office in , Jacksonville, Florida, and has been owned by McCreary Corporation since January 1997. EM! has many state licenses and clients throughout the United States; while McCreary Corpôration operates only within the State of Florida. We are now positioned to combine into one corporate structure. With El\1I'S multi-state reach, it was the obvious choice to be the corporate name. McCreary Corporation has enjoyed a mutually beneficial relationship with you and we look forward to the same in our future endeavors. Our goal has been, a..'1d \vill continue to be, to provide you with the utmost in excellent TPA services. We look forward to a continued mutually rewarding relationship. Please feel free to give me a call if you have any questions. Sincerely, ~ PnvtW ~ Lisa Powell Account Executive LP/lg """'" VI\ ,t¥l' I'¥~ " To: St. Lucie County Board of County Commissioners Wayne Teegardin 2300 Virginia Avenue Fort Pierce. FL 34982 Re: Our Agreement As you are probably aware, McCreary Corporation bas a wholly owned subsidiary corporation - Employers Mutual. Inc., also known as EMI. EMI has offices in Jacksonville, Florida and Albuquerque, New Mexico and bas been owned by McCreary Corporation since January 1997. E:NII has many state licenses and clients throughout the United States, while McCreary Corporation operates only within the State of Florida. We are now positioned to combine into one corporate structure. With ENIT's multi-state reach, it is the obvious choice to be the corporate name. Effective January 1, 2002, McCreary Corporation will execute a reverse merger with EMI and E:NII will be the corporate survivor. , Contractually, this will require a written assignment of McCreary Corporation's contracts to EMI. The staff, :management, location and operations will continue as it bas previously. Below are a signature and an assignment to affect this change. Please sign and return one copy for our records and keep one for yours. Any questions, please give me a call. Sincerely, Patrick M. Bowen, President McCreary Corporation Markus Mueller, President Employer's Mutual, Inc. The undersigned hereby consents to the assignment of the contract(s) with McCreary Corporation to its wholly owned subsidiary, Employers Mutual, Inc. Organization By Signature Title Printed Name Date FILE No.766 01/'-'02 15:06 ID:McCREARY CORP. ...';;w..........;r6~'_.-: ~_Ii(.I.-J.=--.-¡:._:lIlr' __.. --__ __. . ~.I~-'.I·J:{.-i:õ::lh-_:t=I!!I~ FAX: 15612871~ PAGE 1/ 10 - ..~.- - -~~ __'!!I_......r.:; ........l;,:l,'J EMPLOYERS MUTUAL, INC. , . ~ 700 Central Parkway, Stuart, Florida 34994 Telephone: (561) 287-7650 Fax: (561) 287-1367 Date: / - 3/ -() 2- To: l.ili l~e Teeðql'd; 0 Company Name: 51:.. L..v.Q; e. (b. f!x:x2c From: l ijq t;we I / Subject: ColÙtfqQ.t- Total number of pages including cover: 1 FaxNO·:061)Lf6') )J(;, I Tele. Ext.: Lflf5 2 IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CAl.L US IMMEDIATELY Confidentiality Note: The information contained in this facsimile message is legally privileged and confidential, intended only for the use of !h€ individual or entity named above. If the reader of this message is not intended recipient, you are hereby notified Inat any dissemination, distribution, or copy of this telecopy is strictly prohIbited. ReGe~ved: 1/31/r- 2:07PM; FILE No.766 01~'02 15:06 15612871387 -> ST LUCIE CO HU· ~ RESOURCES· Page 2 ID:McCRE~~Y CORP. FAX:156128~7 ' PAGE 2/ 10 -./ "- - AGREEMENT TIDS AGREEMENT is m.ade 2nd entered into this JjJ.day of'D2.teJnr\he.\. , 1998, by and between:aOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, ST. LUCIE COUNTY TAX COLLECTOR, ST. LUCIE COUNTY CLERK OF cm.CUIT COURT, ST. LUcrE COUNTY SUPERVISOROFELECTlONS, CHILDREN'S SERVlCES COUNCIL OF ST. LUCIE COlJ1lo'TY; hereinafter referred to collectively as the HCounty", and McCREARY CORPORATION, hereinafter referred to as the "Consultant". "WITNESSETH: WHEREAS, the County is providing an Employee Benefit Plan, hereinafter referred to as the "Plan", for its eligible employees and their eligible dependents who participate, hereinafter refmed to as "members", which include: eligible County employees and the employees' dependents, and cèrtain eligible retired County employees and their depen.d6tlts; and, WHEREAS, the County Viishes the Administrator to provide ;nministrative and claim services concerning employet beneñts under the Plan; and, WHEREAS, the :\dmini.strawr covenants that is has the expertise and ability to provide aQ:mil'listrative and claims services concerning the Medical Exp~e and Lifo Insurance Benefits under the Plan. NOW, THEREFORE, in cotlSideration of the premises and of the benefits which will accrne to each of the parties horeto in carrying out the terms of this Agreement, it is agreed as follows: 1. PURPOSE It is the County's intention to provide medical expense and life insurance benefits for members as provided Ín the Plan, which is incoI:poratedherein by reference. The Administrator &hall provide adrnirristrative and claim services on behalf of the County in accordance with the provision oftbis agreement and any amendments t:horeto, and all applioable local, state, or federal ordinances, rules, regulations and laws. 2. SCOPE OF WORK 2.1 Tbe Administrator sha1I. provide and be legally and financially re~onsible for the following services, unless o1Mrwise !õtated.: A. Development, preparation, and printing of announcement material detailing the medical expøse and life insurance benefits provided by the County fOT the benefit of the members. The County will be consulted during the development of said materials and will have fuW. approval ova¡- such materials. The Administrator will 1 Received: 1/31!..... 2:07PM; FILE No.766 O~ '02 15:07 15612871387 -:> ST L-,8IE CO Ht,J RESOURCES· Page 3 ~AX:156128~7 ' PAGE 3/ 10 ID:McCREARY CORP. -.,./ '- remain responsible for the contents of the such materials. B. Review, in accordance with standard review procedures that are reasonable and customary within the industry, medìcal and life claims on the Plan. C. Payment of claims on behalf of the County directly to th~ members, or, on receipt of proper assignments authorized by la.w to the providers of the medìcal service. D. Coordinate claim payments directly with other pkIls and/or insurance canièrs under Coordination of Benefits provisions. . , E. Correspond directly with medìcal service providers, whenever applicable, to obtain necessary addìtional information for property cI<Üms handling. F. Provide a monthly listing of claims paid by the Administrator allowing the County to identify the amount of benefit payments made and the claimants to whom the benefits were paid. G. Make available copies of all vouchers and clcim drafts issued pursuant to this Agreement for examination by the COUIlty or a'.lthorized County representative(s) upon demand. ' H. Make available copies of all financial reportS regarcliI1g the account for ex~¡:nit1 ation by the County or authorized County representative(s) upon demand. I. Obtain a comprehensive audit performed by an izå..tJe1ldent licensed certified public accountant at the end of each twelve (12) month period on the payments of claíms and anm;n;strative services. A:DY coms related to the audit will be at t he expense of the County. At its discretion, the County shall have the right to choose the certified public accountant. J. Upon timely notiiication from the County of terminated employees, the Administrator will notify such persons in accord2.!lce with federa11aw 'With regard to COBRA. Ifsuch former employees are eligible for continuing the medical and life ins\.1l'ance coverage and elect to pay for the c()verage, the_~strator shall invoice such person for the proper amount, including ~ 2% service charge or other service charges as specified by law. 3. FEES 3.1 In consideration of its duties hereunder, the Admi.nistrator shall receive a monthly fee based upon arate of twelve and 50/100 dollars ($12.50) per member per month which. includes the cost to prov.ide all of the required services, and in addition, includes Cafeteria Plan and DentallVision Plans. The Administrator shall bill the trust account each month for those amounts. 2 Recaived: 1/31' 2:::7P¡\I; FILE No.766 01~ '02 15:07 15612871387 -> ST LUCI =: :::;a HU 'RESOURCES· Page 4 FAX: :Sôl287~7 ' PAGE 4/ 10 ID:McCREARY CORP. ,--,' "-... 3.2 The Aàministrator shall provide checks to pay claims. 3.3 Any co$'; re~ted to a benefit booklet supply will be at the expense of the Anmini!':1rator. 3.3 .A.ny cost r~lated to an actuarial study of the Employee Benefit Plan will be th~ exp6tlSe of the County. 4. LHBILITY 4.1 Tht C01.m!)l s.ha.1l have the right, at its option. to instruct th:: .1>, ñministrator to contest any premium taXes or othe.rtaxes that are assessed or charged ag2:ÌD..:j1: the COWlty for any amounts paid or ~eived under this Agreement. 4.2 The Aåministrator shall obtain and maintain fiduciary liability coverage or a bond with a corporation authorized to do operate a. surety bll5iness in the State of Florida. in an amount net ir. an zmount not less than seven h1.1Ddred fifty thousand 00/100 dollars ($750,000.00). The Administra.tor shall have the bond bound for three (3) yea.-rs. . 4.3 The A.dministrator shall perform añmiT1istrative and cl2ims adjusting services in a prof~ssiona1 manner. The Administrator may rely upon information, provided by the CO"LUlty, about employees and dependent eligibility for benefits provided about the County in providing clait:ns adjusting services. The Administrator shall not be liable for reasonable errors mad: due to jncorrect information provided by :the County, unless the incorrect inÎorm'r;on is so egregious that a reasonable person acting as an anministrator, in alike sin¡¡tioIl, would doubt the correctness of the information. The Adminis1rator shall be r~o~ibl~ for damage caused by a breach oftbis Agre8TT1e'1'1t. 4.4 The County is providing an Employee Medical and Life Plan solely for its eligible employ~s; eligible retired employees, and their families. Accordingly, the Administrator shall b~ reimbursed by the Trust Acoount for all benefits property paid by the Administrator. Payments by the County to the Administrator will be m~ in accordance with Section 136.091, Florida. Statutes. The Administrator is authorized to establish and maintain an account, for up to but not exceeding, seven hundred fifty thousand and 00/100 dollars ($750,000.00) with the State of Board of Administration for the express purpose of ma.ximizing the interest earnings of the Plan's surplus. 4.5 The Coumy is solely responsible for all Medical Expense Benefits pa.yable under the offered plm. Should a claim dispute arise, the Administrator shall issue or withhold payment in accordsnce with standard claim payment procedures. The County shall defend and hold ~less tb:: .t>,.dministrator from and against all suits, actions, da:ma.ges, cost, charges or exp~ (in.:luding attorney's fees) which may result by reason ofits refusal to payor settle any cl2.ims to the satisfaction of members, unless the AdmÍ!ri.StratOr's action in setting or denying fu: claims violates the standard duty of care 'Within the inåus1ry. 4.6 Lii~ ÍIl5'mmce shall be provided by a life insurance policy and shall be administered in 3 · . - . . - ~ ..... - ...... . , ,~, ~ '~bj~a/I..,jS7 51 LUCIE. CO HUMA~t 8.ESOU~::::;:'ES; P8.ge 5 FILE No.766 01/~¡02 15:07 ID:McCREARY CORP. FAX:15612871~ PAGE 5/ 10 -/ '...... accordance with the terms of such policy. 5. TERM This Agreement shall be effective from January I, 1999 through and including December 31, 2002, unless otheIWise extended or termin.at~ by the parties as herein provided.. The term of this Agreem6I1t may be extended for additionAl one Ye&" periods subject to EUCb terms and conclitions as agreed upon by the parti~, The County may, at any time, rerm.mate this Agreement by giving the Administrator sixty (óO) days prior written notice of such termination ~ which event this Agreement shal: rermiDate at the expiration of such sixty (60) days. Upon termination, the Administrator wiD continue to provide claims adjusting services on beb2Jf of the County for those cov~:d expenses which were incurred but not reported prior to the termination da.te of this Agrxment for a period not exceed three (3) months following sucb tennination date. lfthe A,dministrator continues to provide claim service after termination of this Agreement upo~ the County's request, the Arlmirñsn-ator shall receive a fee offive percent (5%) ofthë b::nzfits paid on all claims adjusted d"Uring the said three (3) month period following terminatiO!l of this Agreem6I1t If the Atiminimator pays no run out claims, there will be no charge. B ~eñts will be provided only to the extent that amounts are available from the Trust Mro'J:!:rt to reimburse covered expenses. Tbe .A nm;T11 stratormay cancel this Agreement only fo: the cause of nonpa.ym61lt of compensation as herein agreed. 6. PROJECT MANAGER The Project Manager for the County is Joseph Fi,,",,~gan, Personne1lRisk Manager, at (561) 462-1546. The Project Manager for the Administrator is James Da:vís, at (800) 431-2221. The parties shall direct all matters arising in connection with th~ performanœ of this Agreement, other than invoices and notices, to the attention of the Project ~agers for attempted resolution or action. The Project ManagBI"s shall be responsible for overall resolution or action. The Project Managers shall be responsible for overall coordination and oven:i~},t relating to the perform~ of this Agreement. 7. PROHIBITION AGAINST CONTINGENT FEES The Consultant warrants that it has not employ~ or retained any company or person. other than a bonatide employee working solely for the Consultz:li., to solicit or secure this Agr~t, and that it has Dot paid or agreed to payany persons, company, corporation, inclividual or firm, oilier than a bonafide employee working solely for the Consultant any f~. commission, percentage, gifT., or any other coIlSideration, contingent upon or resulting from the award of making of this Agr~t. 8. RECORDS; ACCESS The Consultant shall maintain records of all acGO\!Ilts, invoices for reimbursable expenses, and supporting documentation for any research or repel!''';, for a period of five (5) years from completing performance of this Agreement. Such records shall bt sufficient to permit ~ proper 4 Mec£~vea; 1¡31¡~~ 2:08PMj FILE No.76ô 01~ '02 15:08 15612871387 -> ST LUCIE CO HU~ ',RESOURCES· P2~e 6 FAX:1561287~ . PAG~ 6/ 10 ID:McCREARY CORP. --' "'-., pre-audit and post audit in accordance with general a.cc01mting methods. The Consultant shall permit the County or its design2.ted agent to insp~ct such records at th~ location where they are kept upon reasonable prior notice. , Th~ Consultant shall allow public access to all proj ect documents and materials in accordanc¢ with the provisions of Chapter 119, Florida St2.tutes. 9. NO DISCJUlWNATION The Consultant shall assure that no person shall, on the grounds ofra.c~, color, creed, natioD4l origin, handicap, or sex, be excluded from participation in, ck:nied the benefits of, or otherwise subjected to discrimination in any activity under this Agreement. The Consultant shall take all measures necessary to effectuate these assurances. 10. COMPLIANCE WITH LAWS The Consultant, its employees, subroni:ractors or assigns, shall comply with all applicable federal, state, and local laws and regulations r~lating to the perfonnance of this Agreement. The County undertakes no duty to ensure such compliance, but will attmpt to advise the Cons1.Ùtant, upon request, as to any such laws of which it has present knowledge. 11. TRUTH-IN-NEGOTIATION CERTIFICATE The signature ,of this Agreement by the Cons1.Ùtant shall act as the execution of a tIuth-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 contracting. The original Agreement price and any additions thereto shall be adjusted to exclude any significant sums wbich an independent audit determines increased the contract price due to inaccurate, incomplete, or non-cunent wage rates and other factual unit costs. All such contract adjustments shall be made within one year following the end of this Agreement. 12. WAIVERS Failures or waivers to enforce any covenant, condition, or provision of this Agreement by the parties, their successors and assigns shall not opfl!ate as a discharge, or invalidate, such covenant, condition, or provision, or impair the enforcement rights of the parties, their successors and assigns. 13. COMPLETE AGREEMENT This Agreement states the entire understanding between the parties and supersedes any written or oral representations, stß.tem.ents, negotiations, or agreements to the contrary. The COIlS1Ùta.nt recognizes that any representations, statements or negotiations made by County staff do not suffice to legally bind the County in a contractual rela.tionship unless they have been reduced to writing, authorized, and signed by an authorized County represrotative. This Agreement shall bÌIld the parties, their assigns, and successors in interest. 5 Re~£ived: 1/31/r~ 2:08PM; FILE No.766 01~'02 15:08 :5612871387 -:0>- ST LUCIE CO HUMA" 'ESOUACES~ Page 7 ID:McCREC:2Y COR). FAX:156128713~ . PAGE 7/ 10 "--" "- 14. APPLICABLE LAW; VENUE This Agreement shall be governed by the laws of the State of Florida. In the event it i necessary for either party to initiate legal action regarding this Agreement, venue shall be in fu, Nineteenth Judicial Circuit in St. Lucie County for c1a:ims under state la.w and the Southern Distric of Florida for any claims which are justiciable in federal court. 15. CONFLICT OF INTEREST The Consultant repreBents that it pre5~tly has no int~est and shall acquire no intere~ eithe direct or indirect, which would conflict in any manner with the perfonnance of services requir~ hereunder, as provided for in Section 112.311, Florida Statut~ (1997). The Consultant furthe represents t1uLt no person having any m.rerest shall be employed for said performance. The Consultant shall promptly r.otify the County in writing by certified mail of all poteI:lfu conflicts ofinte:restprohibited by existing state law for any prosptOtive business association, intere~ or other circumstance which may influ:nce or appear to influence the Consultant's judgment 0 quality of services beingprovided here1.l:lder. Such writtro notification shall identify th~ prospectiv business association, interest or circums'.ance, the nature of work that the Consultant may undertak and request all opinion of the County as tD whether the association, interest or cÍ!CUIIlstance would -in the opinion of the County, constitute a conflict of interest if entered:into by the Consultant. Th County agrees to notify the Consultan! of its opinion by certüied mail within thirty (30) days 0 receipt of notification by the County. If, in the opinion of the County, the prospective busines association, interest or circumstance would not constitute a conflict ofinterest bytbe Consultant, th County shall so state in the notification and the CoIlSUltant shall, at its option, enter into Sail association, interest or circumstanCe an1 it shall be deemed not in conflict of interest with respe.c to services provided 'to the County by the Consultant under the terms of this Agreement. 16. ASSIGNMENT; SUBCONTRACT Neither the County nor the Con..-u!tant shall not assigr¡ nor subcontract any portion ofthi Agreement to any other persons or finn 'WÌthout first obtaining the 'Written approval of the othe party. The scope of work shall be pciormed by the CO!1Sìlltant proj ect staff as set forth in th Proposal unless otherwise agreed to, in \l,Titing, by the COWlty. 17. AGREE:MENT MODIFICATION 'This Agreement shall not be modified or amended except in writing, agreed to and signe- by both parties. 18. NOTICES Wherevðr in this Agreement it sb.all be required or pennitted that notice or demand be give or served by either-party to or on the oili::, such notice or demand Bha1l not be deemed to have bee duly given or s~ed unless in writing sd either personally delivered or forwarded by registered c 6 ri¿=è~ved: 1/31/0 2:09PM; FILE No.766 01/~02 15:08 15612871387 -~ ST LUCIE CO HUM/RESOURCES; Page B FAX:15612871~ PAGE 8/ 10 ID:McCREARY CORP. ---' "..../ 14. APPLICABLE LAW; VENUE This Agreement shall be governed by the laws of thß State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, v~ue shall be in,the Nineteenth Judicial Cìrcuit in St. Lucie County for claims under state law and the Southern District of Florida for any claim.<; which are justiciable in federal court. 15. CONFLICT OF INTEREST The Consultant represents that it presently has no interest and sball acquire no interest, either direct or indirect, which would conflict in any manner with the perfonnanc~ of services required hereunder, as provided for in Section 112.311, Florida Statutes (1997). The Consultant further represents that no person having any interest shall be employed for said perfonna.nce. The Consultant shall promptly notify the COUll!)' in writing by certified·mail of aU 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 bcing pI:ovided he:reund~. Such written notificatiòn shall identify the: prospective business association, interest or circumstance, the natur6 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 opiDion of the County. constitute a couflict of interest if entered into by the Consultant. The County agrees to notify the Consultant of its opinion by certified mail within thirty (30) da.ys of receipt ofnotiÍication by the County. 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 notification and the Consultant shall, at its option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Consultant under the t=rms of this Agreement. 16. ASSIGNMENt; SUBCONTRACT Neither the County nor the Consultant shall not assign nor subcontrnct any portion of this Agreement to any other persons or ÍÏItI1 without :first obtaining the written approval of the other party. The scope of work shall be performed by the Consultant project staff as set forth in the Proposal unless otherwise agreed to, in writing, by the County. 17. AGREEMENT MODIFICATION This Agreement shall not be modified or amended except in writing, agreed to and signed by both parties. 18, NOTICES Wherever in this Agreement it shall be required or permitted that notice or demand be given or served by either party to or on the other, such notice or demand shall not b6 deemed to have been duly given or served unless in writing and either personally delivered or forwarded by registered or 6 Rec-eived: 1/31/'ué:. 2:09PM; FILE No.766 01/~02 15:09 15612871387 -> ST LUCIE CO HUM' RESOURCES; Page 10 J,'." , FAX:15612871~ PAGE 10/ 10 ID:McCREARY CORP. -.../ WITNESSES: ..........i ST. LUCIE COUNTY CLERK OF CIRCUIT COURT WlTNESSES: , - WITNESSES: ATTEST: cr.\ATIY\AGlU!.BMN1\CONTRAC¡WCcaEARY.9! ST. LUCIE COUNTY SUPERVISOR OF ELECTIONS BY' ~~ ?f~/.¿ / CHILDREN'S SERVICES COUNcn.. OF ST. LUCIE COUNTY BY~t-J~.~ .8~, ì. E CUT nIREC OR McCREARY CORPORATION BY:~~ PRESIDENT èf (SEAL) 8 -<\~'. ,. '1'- "1'''''", :\ . . ~~;. """:O-"@" ~ I,' .~' . , \ ~, ,"" . .. .!. . \~ '<"l\·- " . .~~,T" \\.. ~~l~c/ .....,¡ MEMORANDUM CENTRAL SERVICES TO: Doug Anderion, County AdndnJstrator \ " FROM: Roger A. Shinn, Director, Central Services DATE: Febnary 21,2002 SUBJEcr: Port St. Lucie Library We ~ave received two(2) appropriation requests from the Port St. Lucie Library requesting: (1) Vinyl floor covering at the Library entrance to replace the:.e&rpet (2) Replace the book shèlvlng In the chUdren's department This Library was totaUy renovated last year. Alter completion, changes and additional work were requested. Some of that work was done, but due to the scheduled :openlng date, aU the additional work was not able to be completed. . There is approximately $30,000. left over for that project. Instead of budgeting this Into next year's budget, we would like to request approval for using the existing project money to complete this work. The approximate cost for the above (2) work requests would be $7,000. ~<-R1l RO ER A. SmNN RAs:bk cc: R. Bradshaw - . :... 7. '- JLgr- .....-Yllll.. _, . SUGGESTED VENDORS ADDRESSES . . - .-::.... -:-,:- ..:.:..:-:-":....... . "- ..- .. ..... ..,.~- fa · . ......... .._ lID . _____. ~ . . ~ - a...... ID ........ .......... - _ -. tiw. ID - fa -. 01 ... ~1._ _ '"~ ~ a I' IIUa '. . ..... ... ........ - ~ -- *- - - ....... ID recet.... Yia71,\~loor ~ - carpet .. !aU &ft... _ tIa1a 18 · ...., --~ia - - -.. .. _ ID..... -111." ~1 ratller ~'- -the war aacI tear tut carpet. w1U receive. ." . .2 ;:. Wh'telDeOllrtment CanarvlPun:haalno P'nlclDeøartment ~ . . . , .. '. ·...oo7~- .~ .. ~ - -~--- . .-- -..~- . . - -... 7110 --- -..I. o' I'oz1: It. Y--fe ~ ,r..'azy - IIf). P&1. ftft. UYd. -.."""" 1toot 8IIa1Y1aa Û 0.41....'...... At tq....èJa' .8WY1aa wIdcIa .. ~ It7 ~tra1 ~ ----.1 7Mb~. 1M1Y1q.& V ~: 12'· 10aa _.... au._tIt tile ~ 1dA41e ..ct1øa. ~ '7' ,Boob an "'1... _ Nth .Ue.. . "1aIat.: 42ft on dele. ad 54" 011 .f"41e ..ct1.oD. all.u.. are 22ft~. Color: JfecI1._ ~t. '\. . . ... Bnach ... beiDa Z.euovatecl fuade wre DOt åvafl41e for .... .he1v1J1a - CantraI·Sente.s ..ad that _ put·1J:a a request for tIa1a f1:-cal ~r to. CODetnct the .helve. so that the area WiU look unU~na. .$:z j-t:JtJ) ./ .', .' SUGGESTED VENDORS ADDRESSES . CoUQty staff - Whlt·"''''"_''","""t r.","",,,,,P, ,mh", ,,'"" Pi""'n'''''''''m'''"t --. -~. ~~~, ~~.~c 'w (-::Jb'j-021 7 '" TREASURE COAST ORNM PAGE 62 .. : ~l: 'i~:::'~>:::::"',' ~~:. ';.:":/:~,, '., '~D, inc. ,.,~J1f~,~a;;,., ,>:~,:·'~f:;;:;"~4 :åi.~~'" ' ".,."...."~~ )$~ '. ' . " -:. . . ,'.. " . .. ,,:,. 0: ..... . ".. ~. - I . St.:f~~:r;:~ ,,'~:' :',:'; ,~,'S6.¡:~2-1434 230-0.' ~_~, ", ,':, ' ::.:':~ JOB NAME Attn: Ken HaD .' ,'. ::.f;.;~:¡oc-.~:\:: ~~~~:~..:.. .~..,' ~ .':. ... ...' '. "WI " ~RœOSAJ..SU~lTIED TO DATE 2J2 J 102 , . .'~T '" :;crrv, STATE ahd ZlP copt ' - .' Ft~ ·:~;·;:·:X·:?i;!~:~¥;'~2:::·" :-'::;jo&~ATI~ )~~.,.. ,,'., .. .. .';. :".'::,.\~.\~,.._~~_..I ;:'.~:":..;!"'~' .~: . ." '. \:: , Heahh Dept. on ~er ,,·,..'..:~i}:i:~~~·':'~~i·'~~ft4~':"':·, :fabricuè, prime,piûnt and ~~;'::~:_ ·~~~,:~\þ,,~:!#~IÚ::¡ft,paneis. . . . .:':'. ~.; . ,10B PHONE 56]462-1434 $3,200,00 .... ,,' .''''''--'-'.- W;t1~t· .. .... ",. . . '.: .~. ;, , , " ' -, . All ÍIIaiIItiaI iI JII,-oed ~be NspcciW. ~i .ji~(;i '" '~j.. 10 "DdIorci~' ADyaltedtJo,(o.::·' .~: ',',. ." '.' . ".' .~I', , .1111_ wiD ... ciccatœ oily IÌpon: wrilllÌ(oiIÞH; ". ....vc ~c CIIIi_..., ",.. .......IIIIS C>O.¡iI~"n'·'; '...=::; ~~::'C;:::"-::~~~~::'·:::~:'>{?:;:}:~~Et::>;>·~~~;·~~n~ ,'.. . ~.c.o'Propc.I- Th.~~~I:û6.*d¡tiorú~ satjsfllc:tory and are J¡cr~ ~:: ~ - ,'~' '., , ' "'iÞdö 1fiò.~~ as' ' , specified. Payment will be made as ouWri~ø~ :,; ,. '. . :. . '. ......~.m_œ ·..F~~~~!,F,i... ..... ..... .... .;, .:-.,'.' . ~ ·;';~~):~'.~·;;:~S(t:)::<} .::. . .' ~ ' . . . :'" .-:" -'. '. ~ ;;': 7..; ",!, ,'. .. ... .', '. ..,...." ,': ....:.,;j'....... " '. ,'., ',' .. " . :Vv'1ropoIe hereby 1ofumishmaurw. ÍI!1~~e~:~P1~in~~;;ewldi:a~especi6œtions. for the sum of . . .'," . .:.'~:(..:.<:~:~~/\.:>:.':.':"...".......:.,. '.'.'.' . " ".::'..: ' . " Thrcctho'lú'nñ~~o bun4"Cih·'.<':X:';, , ~: ':. :- ", '. ',Doll., 6($3.200.00 " ~ttObeøLadeasfiJllows:' . '. '.' : -~'~\:",:>:':'::.\,.::"" .: . ~ " H.1fdo~balanuuP,d~.'>}>·. .'.. . ) Authorized ~ ' . 'Sipaturc ',', , Note; This proposal maybe Witþ.dnwn byu,ifoot açcepled within.i!..d8ys, , Signat\l"c ~i¡nalutt Ø2/26/2e02 1~'45 ..... CLIENT REPOrtT 772-468-0984 o P S, INC. PAGE 02 ....., Building: Floor: Dept: Person: e 801043P 3 801143P 1 801543P 5 801843P 2 831099 1 831824 3 831824 2 8324SOA 2 832448A 2 833054A 1 83723S. 1 83723ER 2 894324P 6 894330P .. 89433eP 1 894380P 2 AKPZ 1 CAS9l 1 CABeR 2 CS304 2C$484 1C$488 1 C8489 2 CSDC1 9 e CSL29 2 CSL39 1 CZIS24 1 PF155·203B 3 PF197-203B Straight CormeçtOf KIt 43H Low Pronle P.lnteet Ell CoMector KIt 43H Low Profile Painted Panel Mount to Wall KIt 43H Low Profile Painted Panel End Cover-Painted 43H Low Proftl. Painted Wor1¡suñace Bracket KIt (pall) Pull End Pinel Support 24D 28-1/2H Full End Panel Support:UD 29-112H T-Mold Edge Worklurface 24D 30W T -Mold !!dge Worfc.surflce 24D 48W T-Mold Edge WOf1csurflce 30D 54W Comer Cove T·Mold WOItsll~08 72"M8"x204"x30· Lef Comer Cove T -Mold WQl'ksurføce 72"x.48"x24"x30· Rig Acoustical Panel43H x 24W LowProflle Palntad AcoUlt/cal Panel 43H )Ç 30W Low ProfIle Painted AcoustIcal Panef 43H x 3eW Low Profile Painted Acoustloal Panel 43H x BOW Low Profile Painted SAMBA. ARTICULATING KEYBOARD PLATFORM W/MOuse PAD Deslt· To-Panel Attachment KIt 29-112H-LH Desk-to-Panel Atta~ment Kit 29-1/2H-RH Half Height Modesty Pan.1 aow x 14H Half Height Modesty Pal\el48W x 14H Modesty Panel 048W 26-112H Modesty Panel48W 29-112H Metal Center Drawer wlLock 19Wx1.4-3I40x3"H Support Leg 240 29-112H Support Leg 300 29-112H Z Brack.t 24D 3" Offset 10000 Freestaocllng Pad ALLBEV 20D 2ðH PSP G 10000 Freestanding Peel ALLSEV 20D 28H BaF G Sub Total: $10,420.00 2128/2002 12:34:52PM Page 1 of 2 V"'VI'U~ l~:OS TEL 5614622363 . . "\P,ìOPIIATION .""EST I1J 01 ...., 'ale: 0... Ne D...."'-". .... 1-31-02 7110 L1bra~ =SCFlIPTION OF PROJ!CT OR PUACHAS! "NO D!TAllS Port St. Lue~e Braaeh Library - 180 SW Prima Vieta Blvd., Port St. Lucie Repave and restr1pe parkina lot - add Dew concrete car sCoppers LibraTy vas renovated in 2001 and parkins lot .bould bav. bad improŸement. at the .... tt... , ~7 OêJO ) M. D4 )lJ.A¿~ 2 - 2-, '02- SUGGESTED VENDORS ADDRESSES County loa4 Department , " White/Department Cenary/PurcheelnCl P'"klOlø.l"",.nl 5(¡S ..,;ft!.... F,. ......., FJ, AGENDA REQUEST ~ ITEM NO.C-7b .'.' ,., """~"-'-""" DATE: March 12,2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x ] TO: BOARD OF COUNTY COMMISSIONERS , PRESENTED BY: Roger Shinn Director, Central Services SUBMITTED BY(DEPT):INVESTMENT FOR THE FUTURE(Central Services) SUBJECT: Reallocation Of Funds For Roof Replacement At Rock Road Jail. BACKGROUND: This year $400,000.00 was allocated to upgrade certain elements of the security system at Rock Road Jail. Sims Wilkerson and Vltetta Engineering Firms evaluated the security needs at the jail and determined that a complete replacement will be needed. This replacemen,t would als9 allow for future jail expansion (additional pods). The estimated cost for this Is 1.8 million and will be funded through the Correctional Impact Fee~.s. This has been approved by the Board and we are currently out for RFQ to qualify prospective vendors. Currently roofs are being replaced at the jail facility. Staff would like to reallocate previously budgeted funds of $400,000.00 to complete the roof replacement at Rock Road Jail, thereby allowing staffto remove It from our Five Year Plan. FUNDS AVAIL: 316-1930-S46200.'1527(maintenance Improvements project) PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve the reallocation of $400,OOO.00(budgeted for security system upgrade)and use these funds for the completion of the roof replacements at Rock Road Jail and allow staff to use any remaining funds for jail expansion. County AUorney: MISSION ACTION: [x] APPROVED [] DENIED [ ] OTHER: natures Mgl & Budge Originating Depl. Finance: (Check for Copy only, If Applicable) Other: Purchasing Mgr.: Other: Elf. 1/97 H:\Age~da-Jail Roots Reallocate.wpd "-I \w ! ..",; ... MEMORANDUM CENTRAL SERVICES TO: Doug AnderSon, County Administrator FROM: Roger A. Shinn, Director, Central Services DATE: February 26,2002 SUBJECT: Reallocation of Funds Rock Road Jail There is $400,000. budgeted in the Rock Road Jail Budget for up-grades to the security systems. Since the Board approved a complete security system replacement to be paid for from the impact fees, we would like to request a reallocation of funds. We would like to reallocate the $400,000. to roof replacements at the Jail. ~t-P R GER A. SHINN RAS:bk ~. f . ~ ! § ~ § ¡ r..,..¡ i i i i ! 8 i ï 5 i i i 5 S ~ i ~ ¡¡ s ¡¡ ¡¡ i S S ~ ~ i i", j¡ i S S -. ~ , 1 ;~ ~ il.I~~i8 !il ~I ~ ~ =ii= =: = = =1 ~I~i >æ ~ I Ilal....~.... i;~¡il~!!¡I~I~I~JliRI:lllil~11 ~~~~~~~~~~ ~~~~~ ~~~m8 n ~i~~~0~c:~ ;g~~~ im~ ~0E ~mœoo~mi!!ëJ!j~ ~m, m ~lIIz ~!;!!;!!;!! (;! IÐ~' ~ CÞ!!!I ~~:;JO~ 6 ~z z"I3 m ~~ ~ ~ ." m m "1J ~ e m o ~ . -r % .. GD.~~~~~~~Ô~~Q~~~ ~~~~~~§§§§§§§§§§§ r ~ ) (")NCD"~ CDCDO(.ftð ~~§~§ .. .. mWA~~~W(.ft~~ÔU~U~~~ ~~~~g gg~~~~gg~g~~8~~g8 8~~88 ooõC5C5õooõoõõoõõoocoooè5õco !I! i t I 1! ii1E~ J m~o f ~ . ~ z CÞ . ~ !ij z ~ æ ~ - . 'V . - - t!!!~ o eft '" .. aënm g3:g ~Wtl,) gOO "'''' 8i:: 0"'0 - .. 8 .WN - w-...... -.....--4 WNfD'" gOO ...~_..~.!!!~!"_"'."':".o!"_"'."'~."'!" !1'!O.o.IIO. "'110 §gg§§§§§§§§§§§§§§ooos§§§§o o§ìÈ t:1 I - ~ .. .. œ...~!!!~wllO~~Õ",,,,,,,~~~ ~~8~8 §§§§§§§§§§§§§§§§§ooo~§§§§o - "!I!~ 8a;", o§ÈÈ n XI g ~ z m ~ ~ n cþ ~ J e m n -4 ( n ~ ~ -< ~ m :II w ~ ... ... f .. u. i: ... W !Þ - ~ '" ~ o . "0 w o -. ~ '" 0 ~~ m;! ~r- \ \ en ~ r- c o m o o o C m Z Z 0004 '11 ~ -< z~ < ~ OJ ~o m r- 0 .. ... -< en :þ ~ m ::a :IJ ~ C OJ 0 Õ 0 §~ > m on Q;:3 ~ en 0 !! >' ~ 0 OJ !; ~ i 8~'~ ~ ~ !! m 0 Z 0 OJ ~ !!I:: 8~ : !! en o OJ Z 8~ ~ !! en OJ c:~ 8_ !! ~ ~~ ~- :;0 ~~ ¡ S~ ~ ~ ~ '" 0 . "0 w o .. ,~ .. 0 y ~ §cn ~;g ~~ ~ ,.,. '- AGENDA REQUEST '" ITEM NO. C-7c DATE: March 12,2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS \ PRESENTED BY: Paul Julin Project Manager,Central Services SUBMITTED BY(DEPT):INVESTMENT FOR THE FUTURE (Central Services) SUBJECT: Work Authorization for REG Architects BACKGROUND: Through a t,;ontlnulng Contract, REG Architects has worked with staff In preparing preliminary drawIngs and an estImated cost for constructIon of the Port St. Lucie ConstitutIonal Officers BuildIng (Village Green Annex). Construction will consIst of a 25,000 sq. foot two story building. Principal occupants In this building are the Tax Collector and the Property Appraiser with additional space available for future ~.ccupancy. FUNDS AVAIL: 316-1930-562004-1605 (Building-Architectural Service) Village Green Annex I funds available $335,000.00 PREVIOUS ACTION: The Board of County CommissIoners approved the Contract for Sale and Purchase of this property ( Track "K" Purchase) on Dec. 12, 2001 Age~da Item 9-A. RECOMMENDATION: Staff recommends the Board of County Commissioners grant approval to use the services of REG Architects for the construction of the Port St. Lucie Constitutional Officers BuildIng In the amount of $335,000.00 and authorIze the chairman to sign the Work Authorization when prepared by the County Attorney. Originating Dept: nderson ounty Administrator MISSION ACTION: [ J} APPROVED [] DENIED [ ] OTHER: County Attorney: Purchasing Mgr.: Mgt. & Budget Other: Other: Finance: (Check for Copy only, If Applicable) Eft". 1/97 H:\Agendð-PSL Const. Offices.wpd ,..,. ~, '-" o ~ .' . ¥ 'i;' ..---. ,,'r: ), 41.,_ :·"":·I""."--·~'~;'_'·":¡ Ii "I 15 l0 iš U \'.' : ~ i I FEB I' 8 I)(UrJ '~'¡ i l i !I i \ f.».Jl- ,If ,~\...... ,~.- . L~ ~ _ .-.d pI !:.::I IC C:,..i',"'r~···"" _ .....'1..'_ ~. I_._~J INTER-OFFICE MEMORANDUM COUNTY A TIORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Donald Daniel6, Emergency Management Coordinator Victoria Winfidd, A!Õ!Õi!Õtant County Attorney ~ C.A. NO: 02-183 \Æ~«:;~n'\#lš ill) FEB 'B ,nnz FROM: DATE: February 13, 2002 EMERGENCY MANAGEMENT SUBJECT: Amendment to Work Authorization #4 for Edlund & Dritenba!Õ Architect!Õ, P.A. Attached i!Õ a draft Amendment to Work Authorization #4 for Edlund & Dritenba!Õ Architect!Õ, P.A. If the draft i6 acceptable, please have the Consultant sign and return four Amendments. Please agenda the Amendment for Board approval. Thank you. W//a6 Attachment H:\Memo.\\'W-<dlun.,""", ~ \/0 \\ '1' '[ b ,-ct~~) 'QILc,:\'-' ~" \ ~ . \ \ c V\J-"v~ \. ~-'Ò ~ ~I\..O"'C \~~~ ð-~))f'C'v \9 :ð~V~ v ~J...-' é\.....("'(,-S\!: \O\-~ ICD ~\\ \;-y- C~ -('ÒC"-_/--' ~C~ ~ '-" ~ '~~ " ,.J ST. LUCIE COUNTY PUBLIC SAFETY EMERGENCY MANAGEMENT To: Paul Dritenbas, Edlund and Dritenbas Architects From: Don Daniels, Emergency Management Coordinator Date: February 18, 2002 Ref: Amended Work Authorization #4 (EOC Annex Bldg) Enclosed are four copies of the amended work authorization. Please review, and if it is found to be in order, please sign and return to this office as soon as possible. Call me at 561-461-5201 if you have any questions. DGDI cc: Jack Southard, Public Safety Director q - , ~ ~ '\'~ 11 ...." December 17, 2001 Paul Dritenbas Edlund & Drltenbas, Architects 16 Royal Palm Boulevard, #D Vero Beach, Florida 32960 Re: St. Lucie County E. O. C Anne..'\: Buill/ing Paving & Drainage Improvements Agreementfor Civil Engineering ADDITIONAL SERVICES Dear Mr. Dritenbas: As discussed with Chris Crawford of your .office, the South Florida Water Management District has decided that it will be necessary to make application to them for an Environmental Resources Pennit for the proposed expansion to the existing S1. Lucie County EOC. At our pre-application meeting with them on December Sth, they stated that because the EOC is a part of a larger permitted tract. and that there is no rp.r.nrn nf a pennit application ever beinS2; filed at the time of construction of the EOC, that it is now mandatory for the entire EOC site to be õrought into compliance. As outlined under the Special Conditions of contract, it will be nécessary to increase our lump sum total contract amount by $6.500 to include the following additional services, which are modified sub-sections ûom our original Scope of Services: , 12/120 - Preparation or a Topographic Survey: The ENGINEER shall provide field survey services and the related office coordination and calculations to prepare a record drawing of the existing paving and drainage improvements at the existing approximate 2.5-acre EOC complex. The survey will be used for the construction plans and permit application associated with the ERP and SLC requirements. Revised Lump Sum Fee: $3,700 (original fee = $1,'000) 41/410 - Environmental Resources Permit for the Stormwater Management System: The ENGINEER, shall prepare and submit an application to modify the SFWMD Surface Water Management Pennit No. 56- OOS22-S for the entire approximate 7I-acre SLC parcel. This shall include preparation of the required report containing calculations addressing hydrology, hydraulics and flood routing for the existing and proposed improvements on the approximate 2.S-acre EOC site. Revised Lump Sum Fee: $7,500 (original fee = $3,700) Revised Total LBFH contract Lump Sum Fee = $1,~,700 (original fee = $12,200) f EXHIBIT i: I A ~ \ I!2fbc '-" ~ '~ ....; It is unfortunate that the County was unable to locate any documentation in their files of permit compliance or permit exemption for the original EOC construction. If they have any questions concerning these additional charges for correction of the oversights that occurred 16 years ago, we would be glad to meet with them to provide additional explanation of the situation. If this proposal is agreeable to you, please have both copies signed and dated and return a copy to us as our authorization to proceed. All terms and condition of "Exhibit B" - our Time and Expense (hourly) Rates, and "Exhibit C" - our Terms & General Conditions to the Agreement, are still in effect, and were attached to the original February 21,2001 contract. Should you have questions or need further clarification, please call. Thank you. . Sincerely, Thomas L. Knott Client Service Manager Approved By: E un &;Æ Arch;,,,,, {[af{/¿ cØ /ke,. ~/ Date Cc: Marcy Krystal Allen Bottorff - LBFH Inc. P:\O I-004~\praposaI\EOC.AFS·COS-O I.doc , " '-" EDLUND & CFHTENBAS ARCHITECTS. P.A. ~ ï.~ """ - - -~ Members of the American Institute of Architects AR# AAC000886 19 December 2001 To: Mr. Roger Shinn, Director of Central Services 2300 Virginia Avenue Ft. Pierce, Florida 34982 Re: St. Lucie County E.O.C. Annex Building Request for Additional Work Authorization Work Authorization #4, C-01-01-266 . Dear Roger, I'm sure you have been wondering why progress on the E.O.C. addition has all but come to a complete stop: I'll try my best to explain the situation. I have attached recent correspondence that LBFH has forwarded to us for your review. Ken Hall is somewhat familiar with the situation. It is my understanding from my review of the data, that the sixteen-year-old E.O.C. was never permitted through South Florida Water Management District. The District has no record of it. In order for us to permit the proposed EOC expansion the entire site must be brought into compliance. This task can be done, but of course it has a price. Tom Knott, of LBFH, discussed the situation with Mr. Hugo Carter, of SFWMD. Hugo confirmed that an Environmental Resources Permit is required. I am writing this request for a revision to our original Work Authorization #4 approved 24 May 2001 to cover the additional work required by LBFH. LBFH can remedy the problem for an additional fee of $6,500.00. Combined with our 1.10 multiplier the total request for additional services comes to $7 150.00. You might ask yourself, why wasn't this in LBFH's original proposal. I have attached a copy of their proposal dated 21 February 2001 for your review. Under Special Conditions, items 2 & 3, you can see that Tom did not incfude these services, because we had hoped that a SFWMD permit existed and only a modification might be required. Unfortunately, no such permit is on record with SJRWMD. If you can find one in your records for when the EGC job was constructed, this request for additional fees will go away. If not, please initiate the approvals so we can proceed. Thanks for your attention in this matter. / EXHIBIT C:010501VB.doc ~ :¡; D S Q:,-\ 65 Royal Palm Pointe. Suite D. Vera Beach, FL 32960 Vera Beach 561/569·4320 OeerfieJd 954/429-0995 FaN 561/569-9208 faN 954/421-8269 email edarch@sunet.net .... .: IE ~ '~ 1.';. __ EDLUND & DRITENSAS ARCHITECTS. P.A. Members of the American Institute of Architects AR# AAC000886 Tenative Schedule TO: FROM OWNER - ST. LUClE COUNTY , EDLUND & DRITENBAS ARCHITECTS E.O.C. - ANNEX BUILDING February 12,2002 PROJECT: DATE: March 1 Aprill5 Receive Notice To Proceed ftom Owner · Submit Applict.tion to S.F.W.MD. Complete Working DrawingslBid Documents Select Contractor Receive all necessary permits. Begin Construction Complete Construction June 1 June l5 Nov. l5, 2002 J · Work. will begin when an approved Work Authorization is received and dates will follow subsequently. All dates are tentative and subject to change. ArchitecturaI drawings have been completed through Design Development. Sincerely, GIH-/'S c: . Chris Crawford Edlund and Dritenbas Architects IdtMUfeh02.doc 65 Royal Palm Pointe, Suite O. Vera Seach, Fl 32960 lIero Beacll 5&1/5&11·432U Deerfield 954/429·0995 Fa¡ 5&1/5&9-9201 Fill 954/421·82&9 email edarch@5unet.net EXHIBIT i /¡ I ..,~ tad 'SA ·.LI~a/aNn'1a:a* wv~t :Ot 20 '2! '20 '-' ~ ~ ....I AMENDMENT TO MAY 8, 2001 WORK AUTHORIZATION #4 FOR DESIGNING A CONCRETE BLOCK BUILDING AT THE EMERGENCY OPERATIONS CENTER THIS AMENDMENT is made this day of , 2002 by and between St. Lucie County, a political subdivision of the State of Florida (the "County") and Edlund & Dritenbas Architects, P.A. (the "Consultant"). WHEREAS, on May 8, 2001, the County issued Work Authorization #4 to the Consultant to design a concrete block building (the "Design Services") at the Emergency Operations Center in accordance with the terms and conditions of the January 9, 2001 Agreement between County and Consultant for Continuing Professional Architectural Services (the "Continuing Contract"); and WHEREAS, it is necessary to amend Work Authorization #4 to authorize additional work by Edlund & Dritenbas Architects, P.A. to obtain the SFWMD permit. NOW, THEREFORE, in consideration of the mutual promises contained herein, it is agreed as follows: In addition to the Design Services described in Work Authorization #4, the Consultant agrees to provide the scope of services as set forth in the letter dated December 17, 2001 attached hereto and made a part hereof as Exhibit "A-1"; for the compensation of seven thousand one hundred fifty dollars and 00/100 ($7,150.00) as set forth in the letter dated December 19, 2001 attached hereto and made a part hereof as described in the attached Exhibit "B-1"; and according to the schedule attached hereto and made a part hereof as Exhibit "C-1". All Services shall be provided in accordance with the terms and conditions of the Continuing Contract as if those terms and conditions were set forth fully herein. Except as amended herein, all of the terms and conditions of Work Authorization #4 shall remain in full force and effect. (THE NEXT PAGE IS THE SIGNATURE PAGE) -1- " " ~. '~ .~ J IN WITNESS WHEREOF, the County has hereunto subscribed and the Consultant has affixed his, its, or their names, or name, on the dates below. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK BY: CHAIRMAN APPROVED AS TO FOBM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: EDLUND & DRITENBAS ARCHITECTS, :~~·a~ Print Name: ./Aot. £/. /)R/ ~)f3,( S Ti tle: ,7¥<))..k?il ..(1?,e/117~ ¡/:? G:\ATTY\AGREEMNT\WORK.AUT\Edlund-WA AMEND4.WPD -2- ,,'+y r¡;;. AGENDA REOUEST ITEM'tf6. .: C-8A. DATE: March 12, 2002 REGULAR [ ] PUBUC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMmED BY(DEPT): PUBUC SAFETY PRESENTED BY: JACK T. SOUTHARD PUBUC SAFETY DIRECTOR SUBJECT: Amended Work Authorization #4 (EOC Annex Bldg) BACKGROUND: The South Florida Water Management District has decided that it will be necessary to process an application to them for an Environmental Resources PermiUor the proposed expansion located on the existing St. Lucie County EOC site. SFWMD has stated that because the EOC is a part of a larger permitted tract, and there is no record of a permit ever being filed at time of constrction of the EOC, that it is now mandatory for the entire EOC site to be brought into compliance. Revised lump sum cost of $7,150.00 FUNDS WILL BE AVAILABLE: 001267-2510-562004-200 (EMPA Base Grant) PREVIOUS ACTION: RECOMMENDATION: Staff recommends approval of the amended work authorization #4 for $7,150.00 and have the Chairman sign. [x] APPROVED [ ] DENIED [ ] OTHER: COMMISSION ACTION: .q " Review and Approvals County Attorney: ~ ¡ Management & BUdge~ Originating De~:~~~¡fr7~~ Other: V ~---' r' ......... Finance: (Check'f~ Copy only, if applicable) Purchasing : other: Eff. 5/96 , ST. L~ COUNTY CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY APPLICATION ''t ."" .' " . '~~. ¡' 1. Applicant's name: We Care of the Treasure Coast. ¡nc. Address: 1532 SE Village Green Unit P Port St. Lucie, Fl. 34952 Phone: 561-398-0845 -.... 2. Applicant's Business is a ( ) Sole Proprietorship ( ) Partnership (X ) Corporation If Applicant is a partnership list the name and address of each partner: Name: Address: NIA NIA If Applicant is a corporation list the Name and Address of the following: Name: Wø r" re of the Treasure Coast, ¡nc. Address: 1" 17 <;1" vi 11 "oe Green Unit P PSL, Fl. 34952 President: M:ø.rõlli'mrM r ~nh) R'H"kos ' V. President: p" \11 a Barakos Secretary: Treasurer: Arthur Barakos (Sh"røhn1~ør) . - P;¡111ri Rt=lrakos Date of Incorporation: "/1 IGG Place of Incorporation: PallA ¡¡O¡"h ('nnn~y 1"1 or-i da (If Applicant is doing business under a fictitious name, please attach evidence of compliance with Section 865.09, Florida Statutes.) 3. Þ.pplican!'s Medical Director: Address: !II I. !ilIA Phone: !ilIA 4. Please attach a personnel roster which includes the names of all Applicant's employees, position held, the relevant licenses held by the employee and the license numbers and expiration dates, as required by the State of Florida. --' .. .. I 5. I 6. I 7. I I 8, I I 9. I J I 10. I I I 11. I I 12. I 13. I I ~ Please allach a ~cle roster which de'scribes all vehicles APPlic~~~~:ro~~ses to .....,I use in SI. Lucie County as well as the relevant license and registration numbers. ~ ' Please list how you handle radio communication from your base of operation in 81. Lucie County to your vehicles and/or personnel out in the field of operation. ' Please attach a current financial statement which'includes a statement regarding whether or not Applicant receives Federal or other Public funds. If Applicant is a governmental unit, please provide statement of funds budgeted for this service. Name of Applicant's insurance carrier and amount of liability coverage (per person and per occurrence). , (Please attach Certificate of Insurance from such carrier.) Area (s) proposed to be served by Applicant: Entire StA T.nr;ø ("'''IU''+-l'' P'Ø~~Q ~oo ~tt4gR9Q map (Also please provide a detailed map of service area.) Address of base of operation from which the proposed area (s) are intended to be served: (If the relevant base of operation has not been established, please indicate and describe the general area proposed for the location of the base of operation.) ;, 15'P s¡¡ "ill¡¡;¡1I OrllllR rTRit: P ~ Port £t L1.1eie, Fl. 319§2 Proposed rate schedule: Please provide schedule of all rates for service currently applicable: ( In addition, please indicate whether applicant is willing to provide indigent transport service and community service during any emergencies). Please provide detailed information on how you will affect existing services in the following areas: (a) cost, (b) quality of care, (c)availability (24 hour .operation). Date Applicant applied for or received license and permit (s) as required by Chapter 401, Florida Statutes and any applicable rules. (If license and permit(s) have been obtained, please attach copies. If not, please attach copy of completed application for the license and permit(s). N/~ Plø.~ø ~09 QtRsr LieeH~e3 .nn r~rmit. · I ., 14. j ì 15, ì , 16. I 17. ¡ f Please provide.,-,rrative history of Applicant's company. Ata mln'r;;'Ulð~please include: (a) three personal reference, (b) completed'training and certificates, (c) experience and 'personal integrity, (d) areas previously and/or currently served, (e) hospitals or other entities previously or currently served, (f) names and length of employment of key employees., ...,,¡ On a separate sheet, please provide a justification for your application. Any relevant support documentation should be attached such as area survey you may have conducted, growth studies, population studies, needs assessment. Written documentation of a background check performed by the Florida Department of Law Enforcement (FDLE) on each of the applicant's personnel. Please list any other Counties in the State of Florida or other States in which the applicant holds a Certificate of Public Convenience and Necessity. Indian River County 18. Classification applying for: Class F Wheelchair Transport ! '") .\ 1;-0\ J" jjo,\.ÖtlJ. "\ \ \~ ,-,,-J Signature of Applicànt STATE OF FLORIDA COUNTY OF CSí \J.,LU,é..' The foregoing instrument was acknowledge before me this '~I $, day of S/l;Ñv>..'~ï ,~~)-, by PÞ.u.\....1\ íS~A\4>S as,) \C..t, pl.t '>. '-liLt A~\.A¡tf,P-for \Ñt GI,.¡2.¿, \)1=- TI'"\!::.. ~""A~..Iß-t.. CÑ"'>.ï., ,t-1c..... , ~ ~~~~ ~~ Notary P bite; State of Florida / . or Produced Identification Personally Known Type of Identification Produced IoIICHEI.I.IIICIYII IoIV COMMI9alON cc et91S2 CKPIMB, A¡¡~ II, 1004 a.....,nIlUN..."""*~ EMS\EMSAPPP,11 07113/95 revised 3/12/98 . ÁGENDA REOUEST ., -. ITEM tttJ. C-8B DATE: March 12, 2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): PUBLIC SAFETY JACK T. SOUTHARD PUBLIC SAFETY DIRECTOR SUBJECT: Certificates of Public Convenience and Necessity (CON) - Renewal application for We Care for a Class F (Wheelchair Vehicle Service). BACKGROUND: We care has submitted an application for renewal of it's Class F Certificate of Public Convenience and Necessity. On February 27, 2002 the EMS Advisory Board voted 5-0 (2 absent) to recommend approval of the renewal application. FUNDS WILL BE AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board of County Commissioners renew We Care's class F Certificate of Public Convenience and Necessity [xl APPROVED [ ] DENIED [ ] OTHER: COMMISSION ACTION: County Attorney: ,i~ Originating De~:~K{..;;LA w-..~ , Finance: (Check t6r Copy only, if applicable) Review and ADDrovals Management & Budget Purchasing: Other: Other: Eff. 5/96 F ,.. '~ ITEM~. C-8C" AGENDA REOUEST , DATE: March 12, 2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMmED BY(DEPT): PUBLIC SAFETY JACK T. SOUTHARD PUBLIC SAFETY DIRECTOR SUBJECT: Certificates of Public Convenience and Necessity (CON) - Renewal application for Able American Jet for a Class E (Air Ambulance) BACKGROUND: Able American Jet has submitted an application for renewal of it's Class E Certificate of Public Convenience and Necessity. On February 27, 2002 the EMS Advisory Board voted 5-0 (2 absent) to recommend approval of the renewal application. FUNDS WILL BE AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board of County Commissioners renew Able American Jet Class E Certificate of Public Convenience and Necessity. COMMISSION ACTION: Be] APPROVED [ ] DENIED [ ] OTHER: County Attorney: O " . C r~g~nat~ng Dep"t,.-__ Review and Accrovals Management & Budget Purchasing: Other: other: Finance: (Check for Copy only, if applicable) Eff. 5/96 ~ .~ ST. LUCIE COUNTY CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY APPLICATION .I . '\ 1. Applicant's name: A ~\ 1'" A",....¡ t co, q ",JA \ r A H. but....., Cy ~....(" d(bJ~ Af,I,.. /1(\"\",.,<:.,,, .::3 "C·H. Address: ;'0'" Co Air 1-\ .. YI S Dr. 'F ~ . P t .. rr ~ , F l ~'-I Cj 4 (., Phone: S-t:./-tl~5-G,"'i\ :ï.'iir' 2. Applicant's Business is a ( ) Sole Proprietorship ( ) Partnership ( \¥éorporation / If Applicant is a partnership list the name and address of each partner: Name: Address: If Applicant is a corporation list the Name and Address of the following: Name: Ab\.... A\JIc;.~lc.......c;,..J Ar~ A M.bu\c;I1~<'" ~V\~. Address:'3C>þQ Alr-t-tc¡,.<;. DI'. FT. p,...,-.,.., Fl<;. -3l¡CjLJ(. President: G-... ,.~, L. Rvr·d S'-711 V. President: £,.., ( c· P r- c:........ Secretary: .::JGILI"t'S 1<- Ho ~ '" .. . . .... Treasurer: E... r- , "- Co P""c-o Date of Incorporation: () c_ 4c.h -t!' r- l'ì&ì Place of Incorporation: 'Si-Lu(.\-=-. C. Cd_..., .,. l, I (If Applicant is doing business under a fictitious name, please attach evidence of compliance with Section 865.09, Florida Statutes.) .... 3. Applicant's Medical Director: "Z..e.u.., \L..¡ I ,..u'v.·......... M. O. f': Address: 3 D "0 A) r- V\II.....'" S o. . F -\ . P T ... n.. ~ Fl.., :. '-I "i (I C. . . Phone: ç", 1- '-I C. ~ '0 IS" '1 ) 4. Please attach a personnel roster which includes the names of all Applicant's employees, position held, the relevant licenses held by the employee and the license numbers and expiration dates, as required by the State of Florida. ......... .. 5., . --., Please attach a vehicle roster which describes all vehicles Applicant proposes to use in St. Lucie County as well as the relevant license and registration numbers. 6. Please list how you handle radio communication from your base of operation in St. Lucie County to your vehicles, and/or personnel out in the field of operation. 7, Please attach a current financial statement which includes a statement regarding whether or not Applicant receives Federal or other public funds. If Applicant is a governmental unit, please provide statem~nt of funds budgeted for this service. . . ' DO"5('1.:..~ A,,~lÿ -10 US. 8. Name of Applicant's insurance carrier and amount of liability coverage (per person and per occurrence). / (Please attach Certificate of Insurance from such carrier.) 9. Area (s) proposed to be served by Applicant: "'::)-\·L....c..\.., ::TV\(!,...... St\v"" .\""'I"'I..r-~ ì'"l. 0 /L-r.- r\..,c.ob............ , n \ -< r Î'~ ~)o r-., } \ .. I ' \IV ~ ~-I .... r- '" 1-) -( t't~ -<; pl1 ... ~ (' (Also please provide a detailed map of service area.) 10. Address of base of operation from which the proposed area (s) are intended to be served: (If the relevant base of operation has not been established, please indicate and describe the general area proposed for the location of the base of operation. ) ?>c~ Go ö A, r he,.... s D ,.. . ç~ . Pì ""r<:.-c.. FI ~ ~\¡ 'il¡L '. .. 11. Proposed rate schedule: Please provide schedule of all rates for service currently applicable: ( In addition, please indicate whether applicant is willing to provide indigent transport service and community service during any emergencies). 12. Please provide detailed information on how you will affect existing services in the following areas: (a) cost, (b) quality of care, (c)availability (24 hour .operation). ,,.' t:; 13. Date Applicant applied for or received license and permit (s) as required by Chapter 401, Florida Statutes and any applicable rules. (If license and permit(s) have been obtained, please attach copies. If not, please attach copy of completed application for the license and permit(s). L(...f\" 6 f- Lv'( (-of "'). G\'" f r7T +- I 14. 15. 16. ~ "-...II , " Please provide a narrative history of Applicant's company. At a minimum please , . include: (a) three personal reference, (b) completed training and certificates, (c) , , , , '.' !'. : ",' exp~r~n.~!~ ~~~,~P~~.sR"'~1.'itftt~gri~Y·~,:.~ çi)..à'reas .þr\3viqusly an?,p¡' cur~~~t'y. se'fj'ed. (e) hospitals or other entities previously or currently serVed, (0 nan;1es and length of . employment of key employees..., On a separate sheet, please provide a justification for your application. Any relevant support documentation should be attached such as area survey you may have conducted, growth studies, popula~~n studies, needs assessment. , Written documentation of a background check performed by the Florida Department of Law Enforcement (FDLE) on each of the....ap'plicant's personnel. , ,ai'qì~--i'· 17. Please list any other Counties in the State of Florida or other States in which the applicant holds a Certificate of Public Convenience and Necessity. 18. Classification applying for: r:l<TSS ~ STATE OF FLORIDA ?¡ / . ~ COUNTY OF .,:), f....lI.t:.. \ ~ ' , .. The foregoing instrument was acknowledge before me this S t~ day of (iø~lt~¥IJJ--' :t.9~2-, by ~OJ~ '~(I / ( as ~ð».6i~~I,d- for .t}0(e-~~ct-\-~ö,^ ~\Icl ?hr:l+(M.V\\J...lc;\.,~ ~ (~e. Personally Known ~, or Produced Identification Type of Identification Produced """ 1': . . EMS\EMSAPPP.11 07113/95 revi$ed 3/12/98 ". ~.....' . ~ ¡,;; ITE~ C-8C" AGENDA REOUEST DATE: March 12, 2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMmED BY(DEPT): PUBLIC SAFETY JACK T. SOUTHARD PUBLIC SAFETY DIRECTOR SUBJECT: Certificates of Public Convenience and Necessity (CON) - Renewal application for Able American Jet for a Class E (Air Ambulance) BACKGROUND: Able American Jet has submitted an application for renewal of it's Class E Certificate of Public Convenience and Necessity. On February 27, 2002 the EMS Advisory Board voted 5-0 (2 absent) to recommend approval of the renewal application. FUNDS WILL BE AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board of County Commissioners renew Able American Jet Class E Certificate of Public Convenience and Necessity. ,,", COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [ ] DENIED [ ] OTHER: Douglas Anderson County Administrator County Attorney: .. . C' Or~g~nat~ng Dept'.-_ Review and ADDrovals Management & Budget Purchasing: Other: other: Finance: (Check for Copy only, if applicable) Eff. 5/96