The URL can be used to link to this page

Home My WebLink AboutAgenda Packet 04-02-02 '-" ..,.I APRIL 2, 2002 7:00 PM BOARD OF COUNTY COMMISSIONERS MEETING AGENDA WELCOME GENERAL RULES AND PROCEDURES Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA- These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA ITEMS- Proclamations, Presentations, Public Hearings, and Department requests are items which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS- These items are usually heard on the first and third Tuesdays at 7:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings ì\ill be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to Špeak to come forward, one at a time. Comments ì\ill be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the Board. ADDRESSING THE COJ\IMISSION- Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies ready for distribution. NON-AGENDA ITEMS- These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT- Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM- Please be respectful of others opinion. MEETINGS- All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 7:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Anyone with a disability requiring accommodation to attend this meeting shmùd contact the St. Lucie Cmmty Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. '-" ...¡ vvww.stlucieco.gov John D. Bruhn Doug Coward Paula A. Lewis Frannie Hutchinson Cliff Barnes District 1 District 2 District 3 District 4 District 5 ßOARD OF COUNTY COMMISSIONERS AGENDA April 2, 2002 7:00 P.M. INVOCATION STAR SPANGLED BANNER performed by the MartinjSt. Lucie Mariners Barbershop Chorus PLEDGE OF ALLEGIANCE 1. MINUTES . Approve the minutes of the meeting held March 26, 2002. A-(Jprov~ 2. PROCLAMATIONS / PRESENTATIŒ\S A. Resolution No. 02-96 - Proclaiming the week of April 7, 2002 through April 13,2002 as '~Earbershop Harmonmek" in st,æie County, Florida. B. Resol~tion No. 02-96 - Proclaiming t~~~Of A;ril a~N,.;tional~hild Abuse Prevention Month" in St. Lucie County, Florida. I 'I-t" 0 Vt'a . 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA fWp(è) (ltd 1:"~~.þ"t~~-!Þ'~~.-;~"'~~i.a-"'1l':t'-j¡II1"111l_I_l._ _:1...._ _ll.~~ .. - PUBLIC HEARINGS SA. There are no public hearings schedlÙed for April 2, 2002 End of Public Hearings Ire¡r.~~tir4·~~~" : ~ NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Boari:l at these meetings will need a record of the proceedlDgs and for such purpose may need 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 party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior fo the meeting. '-' -...I REGULAR AGENDA APRIL 2, 2002 PAGE TWO 6. COUNTY ATTORNEY A. 7. Oleander Business Park !vlSBU - Consider staff recommendation to rescind the Inter.local ~greement ~nless there is sufficie?1) interest from the land owners to contInue with the ProJect. fTPi) (Jý\t¿-Ø) ~ .~, . ~0lÎ - fP 1h Id{;!ztk, fb( fløMJ . r¿?fJì . I. on AL (JµprlY '-' ....I CONSENT AGENDA April 2, 2002 1. WARRANTS LIST Approve warrants list No. 26 2. PUBLIC WORKS A. Orange Avenue Project - Consider staff recommendation to grant permission to advertise the intent of the South Florida Water Management District (SFWMD) to grant a permit exemption to St. Lucie County for adding a two foot wide paved shoulder on each side of Orange Avenue, between Kings Highway and the St. Lucie County /Okeechobee County Line. B. Engineering / Rouse Road MSBU - Consider staff recommendation to approve Change Order NO.2 and Final in the amount of ($0.00); accept the project; release retainage in the amount of 56,788.50, and make final payment in the amount of $10,048.50 to Sheltra & Son Construction Company. C. Engineering / Resolution No. 02-95 / Rio Mar Drive Sidewalk Enhancements (prima Vista Boulevard to SR5/US1) - Consider staff recommendation to approve the resolution and Joint Participation Agreement (JPA) Ì\ith the Florida Department of Tl:ansportation (FDOT) in the amount of 53-1,000, and authorize the Chairman to sign the agreement. D. Engineering / Indian River Lagoon Trace Phase L\ and IE - Consider staff recommendation to approve and authorize the Chairman to sign Change Order NO.2 in the amount of $562.10. 3. COMMUNITY DEVELOPMENT A. Florida Communities Trust Conceptual Approval Agreement for the Sheraton Plaza Preserve Site - Consider staff recommendation to approve the agreement and authorize the County Administrator to sign and transmit the agreement. B. Permission to Advertise - Consider staff recommendation to grant permission to hold a public hearing on April 16, 2002 at 7:00 pm, or as soon thereafter as possible, to consider applying for a Section 108 HUD loan. C. Corridor Advocacy Group - Consider staff recommendation to approve and appoint citizens from the following areas to serve on the Corridor Advocacy f'3 p no later than May 21, 2002: O ') One (1) Indian River Drive Resident One (1) North Hutchinson Island Resident ~ \2ne (1) South Hutchinson Island Resident (unincorporated area) ~ 'ti:ß>wej3) residents of St. Lucie County (at-large) )(\\0" \ Q. &~ 0-VXJ '\VW'\}"^' / '-" CONSENT AGENDA APRIL 2, 2002 PAGE TWO ....", 3. COMMUNIlY DEVELOPMENT (CONTINUED) D. Papaya Grive Subdivision - Consider staff recommendation to approve the final plat for the subdi\ision, and authorize staff to proceed with its final processing. E. Permission to Advertise - Consider staff recommendation to grant permission to advertise an RFP for the development of a Urban Land Use Density and Intensity Review for the CentraljEastern portion of the I / ( unincorporated area of St. LM~CJWyv)fD \\.5c~o.fuJor)( COUNlY ATTORNEY WIth 4. B & E Houck Enterprises, Inc. - Consider staff recommendation to consent to the proposed sublease agreement between B & E Houck Enterprises, Inc., and S.S.T. Tire Service, Inc., and approve the proposed Non-Disturbance and Attornment Agreement and Consent to Leasehold Mortgage, and authorize the Chairman to execute the documents. 5. PURCHASING A. Permission to Advertise - Consider staff recommendation to grant permission to advertise for a Request for Qualifications (RFQ) for Auditing Sen1ces. B. Bid 1\0.02-048/ Purchase of a Diesel PO\vered Triple Trim Mower - Consider staff recommendation to award the bid to the sole bidder, Hector Turf, for a total price of $19,868.80. 6. INVESTMENT FOR THE FUTIJŒ A. Paradise Park Phase I / Drainage Improvements - Consider staff recommendation to approve Work Authorization No. 1 with PES&J for professional engineering services in the amount of 5150,000 and authorize the Chairman to sign the work authorization. B. Engineering / Orange Avenue Canal Amendment - Consider staff recommendation to approve Work Authorization ?\o. 5 for Professional Engineering Services-Stormwater Management with Hazen and Sawyer, P.C, in the amount of 510,127 and authorize the Chairman to sign the Work Authorization. ~ CONSENT AGENDA APRIL 2, 2002 PAGE THREE ....., 7. AIRPORT A. Equipment Request - Consider staff recommendation to approve the purchase and replacement of the commercial grade garbage disposal for the USDA located in the Federal Inspection Station at the St. Lucie County International Airport in the amount of $1,000. B. Equipment Request - Consider staff recommendation to approve the increase to the $7,000 budgeted equipment purchase of a 15' Rhino Flex \\'ing Mower in the amount of S 10, 7 50. '-" 'wi St. Lucie County Board of County Commissioners Announcements April 2, 2002 A. There will be a public meeting on the Community Parks System Master Plan on April 23, 2002 at 1:30 pm in the Commission Chambers B. There will be a public meeting on the Community Parks System Master Plan on June 11, 2002 at 1:30 pm in the Commission Chambers. C. The 2002/2003 Eudget..Qverview will be held on July 9, 2002 at 2:00 pm in Room 101. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon requesl. Anyone with a disability requiring accommodation to attend this meeting should contact the SI. Lucie County Community Services Manager at (561) 462- 1777 or HD (561) 462·1428 at least forty-eight (48) hours prior to the meeting. '-' "wi APRIL 2,2002 7:00 PM BOARD OF COUNTY COMMISSIONERS MEETING AGENDA WELCOME GENERAL RULES Al"\JD PROCEDURES Attached is the agenda ì\'hich 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 ITE!\IS- Proclamations, Presentations, Public Hearings, and Department requests are items which the Commission ì\ill discuss individually usually in the order listed on the agenda. PUBLIC HE.AAINGS- 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.!\J., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone V'I'Ìshing to Š'peak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the Board. ADDRESSING THE COJ\DIISSION- Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies ready for distribution. NON-AGENDA ITEMS- These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC CO?vIMENT- Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUIvI- Please be respectful of others opinion. MEETINGS- All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 7:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services :Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. '-'" .....I ìvww.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 April 2,2002 ï:OO P.M. INVOCATION STAR SPANGLED BANNER performed by the MartinjSt. Lucie Mariners Barbershop Chorus PLEDGE OF ALLEGIANCE 1. MlNUTES . Approve the minutes of the meeting held March 26,2002. 2. PROCLAMATIONS / PRESENTATIONS A. Resolution No. 02-96 - Proclaiming the week of April 7,2002 through April 13, 20.02 as "Barbershop Harmony Week" in St. Lucie County, Florida. B. Resolution No. 02-96 - Proclaiming the month of April as "National Child Abuse Prevention Month" in St. Lucie County, Florida. 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA l~ítIi'"~~,;i.~'W'~~~~~.~-I: .1ti;¡*,.rHiI ]'tf!\;u__·J';llor~1j.I;tJJUt_1JJ U ,,~ PUBLIC HEARINGS SA. There are no public hearings scheduled for April 2, 2002 End of Public Hearings 1,'tio-'t¡~~~~~"'fìt~Ul~ NOTICE: All Proceedings before this Board are electronically recorded. Anv person who decides to appeal any action taken by the Boarù at these meetings will need a record of the proceedings and for such purpose may neeil to ensure that a verbatim record ofthe proceedings is made. Upon the request ofany party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any indivIdual testifying during a hearing upon request. Anyone "ith a disability requiring accommodation to attend this meeting should contact the St Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-14Z8 at least forty-eight(48) hours prior fo the meeting. "'" ...¿ REGULAR AGENDA APRIL 2, 2002 PAGE nvo 6. COUNTY ATTORNEY A. Resolution No. 02-84 - Consider staff recommendation to adopt the resolution urging Bell South to reconsider its proposed relocation of the Fort Pierce, Florida Call Center located at 3300 Okeechobee Road, given the severe economic and emotional consequences of such a move. B. Sludge Disposal Regulations Update 7. PUBLIC WORKS / ENGINEERING Oleander Business Park MSBU - Consider staff recommendation to rescind the Interlocal Agreement unless there is sufficient interest from the land owners to continue with the Project. \.or CONSENT AGE'\TIA April 2. 2002 ...,J 1. WARRANTS LIST Approve ,varrants list No. 26 ? PUBLIC WORKS A. Orange Avenue Project - Consider staff recommendation to grant permission to advertise the intent of the South Florida Water Management District (SFWMD) to grant a permit e..xemption to St. Lucie County for adding a two foot wide paved shoulder on each side of Orange Avenue, between Kings Highway and the St. Lucie County /Okeechobee County Line. B. Engineering / Rouse Road MSBC - Consider staff recommendation to appro\'e Change Order No.2 and Final in the amount of ($0.00); accept the project; release retainage in the amount of $6,788.50, and make final payment in the amount of S10,O-±8.50 to Sheltra & Son Construction Company. C. Engineering 1 Resolution No. 02-95 I Rio Mar Drive Sidewalk Enhancements (prima Vista Boulevard to SR5/USl) - Consider staff recommendation to approve the resolution and Joint Participation Agreement (JPA) with the Florida Department ofTf'ansportation (mOT) in the amount of $34,000, and authorize the Chairman to sign the agreement. D. Engineering / Indian River Lagoon Trace Phase IA and IE - Consider staff recommendation to approve and authorize the Chairman to sign Change Order NO.2 in the amount of $562.10. 3. COMMUNITY DEVELOPMENT A. Florida Communities Trust Conceptual Approval Agreement for the Sheraton Plaza Preserve Site - Consider staff recommendation to approve the agreement and authorize the County Administrator to sign and transmit the agreement. B. Permission to Advertise - Consider staff recommendation to grant permission to hold a public hearing on April 16, 2002 at 7:00 pm, or as soon thereafter as possible, to consider applying for a Section 108 HlJD loan. C. Corridor Advocacy Group - Consider staff recommendation to approve and appoint citizens from the follo\ving areas to serve on the Corridor Advocacy Group no later than !\lay 21, 2002: One (1) Indian River Drive Resident One (1) North Hutchinson Island Resident One (1) South Hutchinson Island Resident (unincorporated area) Two (2) residents of St. Lucie County (at-large) '-' CONSENT AGENDA APRIL 2, 2002 PAGE TWO ...., 3. COMMUNITY DEVELOPMENT (CONTINUED) D. Papaya Grive Subdivision - Consider staff recommendation to approve the final plat for the subdivision, and authorize staff to proceed ì\ith its final processing. E. Permission to Advertise - Consider staff recommendation to grant permission to advertise an RFP for the development of a Urban Land Use Density and Intensity Review for the Central/Eastern portion of the unincorporated area of St. Lucie County. 4. COUNTY ATTORNEY B & E Houck Enterprises, Inc. - Consider staff recommendation to consent to the proposed sublease agreement between B & E Houck Enterprises, Inc., and S.S. T. Tire Service, Inc., and approve the proposed Non-Disturbance and Attornment Agreement and Consent to Leasehold Mortgage, and authorize the Chairman to execute the documents. 5. PURCHASING A. Permission to Advertise - Consider staff recommendation to grant permission to advertise for a Request for Qualifications (RFQ) for Auditing Services. B. Bid No. 02-048/ Purchase of a Diesel Powered Triple Trim Mower - Consider staff recommendation to award the bid to the sole bidder, Hector Turf, for a total price of $19,868.80. 6. INVESTMENT FOR THE FUTURE A. Paradise Park Phase I / Drainage Improvements - Consider staff recommendation to approve Work Authorization No. 1 ,\ith PBS&J for professional engineering services in the amount of $150,000 and authorize the Chairman to sign the work authorization. B. Engineering / Orange Avenue Canal Amendment - Consider staff recommendation to approve Work Authorization NO.5 for Professional Engineering Services-Stormwater Management with Hazen and Sawyer, P.c., in the amount of $10,127 and authorize the Chairman to sign the Work Authorization. '-" CONSENT AGENDA APRIL 2, 2002 PAGE THREE ...., 7. AIRPORT A. Equipment Request - Consider staff recommendation to approve the purchase and replacement of the commercial grade garbage disposal for the USDA located in the Federal Inspection Station at the St. Lucie County International Airport in the amount of $1,000. B. Equipment Request - Consider staff recommendation to approve the increase to the 57,000 budgeted equipment purchase of a 15' Rhino Flex Wing Mower in the amount of 510,750. \.of ...., St. Lucie County Board of County Commissioners Announcements April 2, 2002 A. There >\111 be a public meeting on the Community Parks System Master Plan on April 23,2002 at 1:30 pm in the Commission Chambers B. There will be a public meeting on the Community Parks System Master Plan on June 11, 2002 at 1:30 pm in the Commission Chambers. C. The 2002/2003 Budget..overview will be held on July 9, 2002 at 2:00 pm in Room 101. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, Individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any Individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the SI. Lucie County Community Services Manager at (561} 462- 1777 or TTD (561) 462-1428 at least forty-eight (48) hours prior to the meeting. · , '-' -wi BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: March 26, 2002 Tape: I Convened: 9:00 a.m. Adjourned: 10:40 a.m. Commissioners Present: Chairman, Doug Coward, Cliff Barnes, John D. Bruhn, Paula A. Lewis; Frannie Hutchinson, absent on county business Others Present: Doug Andcrson, County Administrator, Robert Bradshaw, Asst. County Administrator, Dan McIntyre, County Attorney, Dennis Murphy, Community Development Director, Bill Blazak, Utilities Director, David Rodriguez, Human Resources Director, Paul Phillips, Airport Director,"Roger Shinn, Central Services Director, Beth Ryder, Community Services Director, Leo Cordeiro, Solid Waste Manager, Jeff Furst, Property Appraiser, Don West, County Engineer 1. MINTUES (1-029) It was moved by Com. Bruhn, seconded by Com. Barnes, to approve the minutes of the meeting held March 12, 2002; and, upon roll call, motion carried unanimously. 2. PROCLAMATIONS/PRESENTATIONS A. Resolution No.02-92- Proclaiming April 20, 2002 as "Special Olympics Florida Law Enforcement Torch Run Day" in St. Lucie County, Florida. It was moved by Com. Bruhn, seconded by Com. Barnes, to approve Resolution No. 02- 092; and, upon roll call, motion carried unanimously. Representatives from the S1. Lucie County Sheriff's office as well as the Florida Highway Patrol, were present to accept the resolution. B. Presentation- Ms. Katherine Basile, Executive Director of the Children's Services Council presented the St. Lucie County Needs Assessment. C. PresentationlNan Griggs, President and CEO ofthe Workforce Development Board of the Treasure Coast provided an update on work lorcc issucs in St. Lucie County. 3. GENERAL PUBLIC COMMENT Mr. Bob Bangert, Conservation Alliance representative, addressed the Board regarding several articles. He expressed his opposition to the luxury 20 cabins being constructed by a developer, approved by the state in the Ft. Pierce Inlet State Park. Mr. Bangert also addressed the proposed ordinance where it indicates the sludge ITom Martin County is no longer permitted to be spread on farms in the county, however, can bring it up to St. Lucie County. Mr. Charles Grande, Hutchinson Island, addressed the Board appealing to them that they try to attend the Expressway Authority meetings. A copy of a memo sent by the Justice Department was distributed for the Board to review. 4. CONSENT AGENDA (1-1357) I '-" '-I It was moved by Com. Lewis, seconded by Com. Bruhn, to approve the Consent Agenda; and, upon roll call, motion carried unanimously. I. WARRANT LIST The Board approved Warrant List Nos. 24 and 25. 2. PUBLIC WORKS A. EngineeringlRiver Branch Estates MSBU/PotabIe Water Improveme4nts PSL- The Board approved the consultant's agreement with Culpepper and Terpening to provide construction management services for the project in the amount of$7,000 and authorized the chairman to execute the agreement. B. EngineeringlRFP No. 02-033- Continuing contracts for Professional Surveying Services - The Board approved the short list 1) GCY, Inc., 2) Culpepper & Terpening, Inc. 3) LBFH, Inc., granted permission to negotiate with all three firms, and authorized the Chairman to sign the contracts as prepared by the County Attorney. C. 10% Discount at Oxbow Gift Store- The Board approved the 10% discount offer. D. Engineering/Smallwood Avenue MSBU/Potable Water FPUA- The Board approved the interlocal agreement with Ft. Pierce Utilities Authority and the City of Ft. Pierce, and authorized the Chairman to sign the agreement. E. Environmental Resources/Equipment Request No. 02-208 and No. 02- 209- The Board approved the equipment request for the purchase of a 6' x 12' equipment trailer in the amount of$1,200 and a 4-wheeler in the amount of $5,000 using funds remaining ITom a previous trailer purchase that cost less than anticipated. F. Engineering !Burger King and Merritt Ditch Emergency Culvert Replacement Project- The Board approved the project, waived the formal bidding process and authorized the chairman to sign the construction contract with Shenandoah General Construction in the amount of $182,460. G. Engineering/Grey Twig Lane MSBU- The Board approved Amendment No. I to Work Authorization No.9 to the Agreement for Continuing Engineering Services, dated March 14,2000 with LBFH Inc., to provide the final design permitting and bidding services in the amount of$15, 050 and authorized the Chairman to execute the Work Authorization. H. Taylor Creek/C25 Dredging and Restoration Project- The Board granted permission to submit the grant application to Florida Seaport Transportation and Economic Development Council., in the amount of $1,750,000 and authorized the execution of the application by the County Administrawr. I. Taylor Creek/C25 Dredging and Restoration Project- The Board approved submitting the grant application to Florida Inland Navigation District in the amount of $800,000 approved Resolution No. 02-90 and authorized the execution of the application by the County Administrator. 2 03/15/02 F7;ABWARR FUND 001 001001 001111 001115 001137 001139 001140 001143 001147 001265 001267 001269 001271 001272 001809 101 101001 101003 101006 101104 102 " . "'001 .104 104 105 107 107001 107002 107003 107120 121 140 140800 160 183 183001 183004 184203 184204 185002 215 262 282 316 382 401 4'8 441 448 449 451 458 461 471 478 479 491 505 505001 611 625 676 '-" ST. LUCIE COUNTY - BOARD ...,¡ WARRANT LIST #24- 09-MAR-2002 TO 15-MAR-2002 FUND SUMMARY TITLE General Fund Recreation Special Events FTA-001-49 USC Sec 5307 96/97 . FTA-001-49 USC Section 5307 97/98 Zora Neala Hurston Dust Tracks Heri FHA Transportation for 21st Century Section 112/MPO/FHWA FY01/02 Health & Human Srvcs CSBG FY01/02 NOAA/FDCA Adopt-A-Beach TDC Planning Grant FY01/02 EMPA 01(02 Dept. of Community Affai FDEP-Urban Mobile Lab Grant 01/02 DHR-Historical Museum Grant-In-Aid FFWCC/Derelict Vessel Removal SFWMD-Floridian Aquifer Well 01/04 Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/Local Option Transportation Trust/lmpact Fees FHWA/FDOT Hurricane Floyd reimburse Unincorporated Services Fund Drainage Maintenance MSTU FDOT Bicycle/Pedestrian Coordinator Grants & Donations Fund Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper DOJ-Local Law Enforcement FYOO Blakely Subdivision Fund Port & Airport Fund IRL Taylor Creek Restoration SFWMD Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Ft. Pierce Beach Restoration South Co. Post Storm Study FDEP SHIP Housing Assistance FY 01/02 5-Yr Bldg Bond Anticipat.I&S Fund Tourism Dev 4th Cent I&S Fund Environmental Land I&S Fund County Capital Environmental Land Capital Fund Sanitary Landfill Fund Golf Course Fund H.E.W. Utilities Fund North Hutchinson Island Utiliqies NHI Util-Renewal & Rep~a~e~ent Fund NHI Util - Capital Fac~llt~es Fund S Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex. Fund. . . No County Util~ty D~str~ct-Operat~n No Cty Util Dist-Ren7wal & R7P~a~e No Cty Util Dist-Cap~tal Fac~l~t~es Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Law Library King Orange MSBU Fund GRAND TOTAL: EXPENSES 383,103.69 47.50 3,871.00 54,548.00 38.73 5,062.27 696.86 3,083.54 975.00 530.32 5,882.00 173.56 129.13 2,000.00 174.98 84,189.69 70.20 908.88 188,953.43 1,708.64 26,056.46 9,740.06 180.48 69,006.25 3,316.32 227,633.07 115.01 20,557.51 357.24 210.48 68.94 30,345.39 4,594.05 1,563.20 1,048.20 289.29 485.24 735.92 23,435.00 11,766.90 937,620.00 46,087.97 250,305.00 8,508.60 400.23 103,419.80 20,110.28 81.57 244,768.89 0.00 0.00 801.96 0.00 1.4,400.47 146,308.30 0.00 0.00 9,042.56 366,355.00 0.00 1,011.69 10,340.00 4,312.50 3,331,527.25 PAGE 1 PAYROLL 428,828.83 0.00 0.00 0.00 0.00 347.49 3,852.60 913.51 0.00 91 7.01 0.00 1,188.80 1,364.80 0.00 1,188.80 104,2.07.93 0.00 0.00 0.00 0.00 46,697.25 8,:29.19 1,226.40 0.00 2,143.24 85,221.71 829.15 4,020.92 0.00 0.00 0.00 9,796.39 0.00 2,613.47 4,015.73 1,115.38 2,874.61 0.00 0.00 ~ 1,<;13.38 0.00 0.00 0.00 0.00 0.00 35,310.43 18,807.50 l1A ?q 2,588.36 1,550.67 309.15 1,903.84 1,052.20 18,526.06 2,272.79 416.17 165.63 22,546..(33 2,745.86 880.02 4,234.68 0.00 0.00 826,435.07 03/22/02 F'7.ABWARR FUND 001 001137 001139 001140 001143 001147 001217 001265 001266 001267 001268 001269 001270 001271 001809 101 101003 101006 102 102001 102104 - - 107001 107002 107003 113 114 116 117 119 123 127 136 138 140 140001 140121 140308 140309 140310 145815 160 183 183001 183002 J01004 0-02 316 362 370 382 401 418 421 441 448 449 451 458 461 471 478 479 491 505 505001 611 625 '-" ST. LUCIE COUNTY - BOARD ..",J WARRANT LIST #25- 16-pmR-2002 TO 22-MAR-2002 FUND SID!MARY TITLE General Fund Zora Neala Hurston Dust Tracks He~i FHA Transportation for 21st Certtu~ Section 112/MPO/FHWA FY01/02 Health & Human Srvcs CSBG FY01/02 NOAA/FDCA Adopt-A-Beach DEP-Regional Attenuation Facility TDC Planning Grant FY01/02 CTD TRIP Grant FY01/02 EMPA 01/02 Dept. of Community Affai 01/02 Haz'Mat DCA Grant FDEP-Urban Mobile Lab Grant 01/02 DJJ/SLC Mental Health Collaborative DHR-His~orical Museum Grant-In-Aid SFWMD-Floridian Aquifer Well 01/0~ Transportation Trust Fund Transportation Trust/Local Optior. Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU FDOT Bicycle/Pedestrian Coordinat8r Librar~Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless S~r Fine & Forfeiture Fund-E911 Surcr.ar Fine & Forfeiture Fund-800 Mhz O~er Harmony Heights 3 Fund . Harmony Heights 4 Fund Sunland Gardens Fund Sunrise Park Fund Holiday Pines Fund Queens Cove Lighting Dist#13 Fun¿ Pine Hollow Street Lighting MSTU Monte Carlo Lighting MSTU#4 Fund Palm Lake Gardens MSTU Fund Port & Airport Fund Port FWld FAA Taxiway A-3, Airfield Signage FDOT Const. of Perimeter Fencing ~4 Installation #236741-1-94-01 Airfield Signage #408784-1-94-01 SFWMD IRL 2001 License Plate Gran~ Plan Maintenance RAD Fund Ct Administrator-19th Judicial Ci~ Ct Administrator-Arbitration/Mediat Ct Admin.-County Arbitration/Mediat Ct Admin.- Teen Court SHIP Housing Assistance FY 01/02 County Capital Sports Complex Improv Fund MSBU Inhouse Financing Projects Fnd Environmental Land Capital Fund Sanitary Landfill Fund Golf Course Fund H.E.W. Utilities Fund North Hutchinson Island Utilities NHI Util-Renewal & Replacement Fund NHI Util - Capital Facilities Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund / Sports Complex Fund . No County Utility District-Operat~n 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 EXPENSES 695,102.47 38.73 26.59 1,920.11 8,437.23 2,400.00 1,000.00 228.59 17,416.80 856.00 297.29 677 . 86 30,563.09 573.33 264.50 99,713.27 39,813.71 780.00 35,934.00 5,805.45 272.89 4,264.80 170,672.18 349.49 10,733.93 3,645.30 203.45 447.41 496.68 123.93 726.67 253.66 327.91 1,305.84 106.43 21,619.06 2,472.18 148,746.53 4,000.00 5,242.82 11,206.10 1,615.00 4,322.03 3,235.72 262.23 100.00 1,977.65 1,392.54 186,082.38 13,598.60 13,023.83 19,250.00 125,459.38 39,168.06 1,551.33 25,351.97 17,289.29 2,161.42 52,116.67 428.68 27,231.83 16,176.08 8,054.83 143.03 15,172.55 257,583.29 419.66 22,377.57 10,011.03 PAGE 1 PAYROLL 24,110.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 O.OJ 0.00 0.00 0.00 0.00 0.00 o.oa 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 _ mQ _._ Q.Q. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 7,0=~.41 C.OO 0.00 0.00 ~ ., J. Budget Amendment No. 02-129/Equipment Request No. 02-210- The Board approved the budget amendment and equipment r~quest for the purchase of a four barrel recycling center for the Oxbow Eco Center in the amount of $1 ,500 and accepted Plastic Lumber as a sole source for this item. K. Budget Amendment No. 02-128/Equipment Request No. 02-211- The Board approved the budget amendment and equipment request for the purchase of three all terrain fat tire wheelchairs for the Oxbow Eco Center in the total amount of $6,000 and accepted Deming Design as a sole source for this item. 3. MANAGEMENT AND BUDGET A. Supervisor of Elections Voting Equipment Upgrade/Equipment Request No. 02-204 and No. 02-205/Budget Amendment No. 02-125- The Board approved the equipment requests and budget amendment for the purchase of voting equipment with the understanding that the cost will not exceed $312,800 and declare Diebold Election Systems the sole source vendor for the equipment. B. Change Fund- The Board approved establishing a change fund account in the amount of$100. for the Oxbow Eco Center. 4. COMMUNITY SERVICES Certificate of participation for the Drug Control and System Improvement Program (Edward Byrne) Grant for 2002/03 from the Florida Department of Law Enforcement- The Board approved authorizing the chairman to sign the Certificate of Participation. 5. PARKS AND RECREATION Community Parks Systcm Mastcr Plan- Lawnwood Recreation Complex Master Plan Update (Parks Referendum) A copy of the update has been forwarded to the Board forreview. 6. UTILITIES A. North Hutchinson Island Waste Water Treatment Plan Master Lift Station Rehabilitation- The Board approved the purchase order with Severn Trent Avatar Utility Services, LLC in the amount of$39,608. B. Equipment Request No. 02-206 and No.02-207 Budget Amendmént No. 02-126- The Board approved declaring Ellis K. Phelps a sole source for Flyght Pumps and approved the equipment requests and budget amendment for the purchase of two replacement pumps in the amount of $3,802. C. Iixlel1siol1 ol'Rellse Waler Muil1 on North lIulchinsonlslund- Tho Board approved the work uuthorization with LBF&H in lhe amount of $29,800 for design permitting and services during construction. D. Contract Approval- The Board approved the contract with Ocean Gate Builders in the amount of$19,200 for the up sizing ofa new water line on North Hutchinson Island from eight inch to twelve inch in diameter, and authorized the Chairman to execute the agreement as approved by the County Attorney. 3 '-' ..."" 7. COUNTY ATTORNEY A. Resolution No. 02-85- The Board approved the resolution requesting the St. Lucie County Clerk of Court place one hundred thousand dollars in a separate special revenue fund with only the interest being allocated for Bluefield Ranch improvement expenditures. B. Resolution No. 02-88 Fee Simple Deed/Jenkins Road North of Orange Avenue- The Board approved accepting the Fee Simple Deed from North St. Lucie River Water Control District, authorized the Chairman to execute the resolution, and instruct staff to record the resolution and deed in the public records ofSt. Lucie County, Florida. C. Resolution No. 02-89 Quitclaim Deed/Indian River Pines Blvd.- The Board approved accepting the Quit Claim Deed from General Electric Capital Corporation, authorized the Chairman to execute the resolution and instruct staff to record the resolution and deed in the public records ofSt. Lucie County. D. Assignment of Lease Agreement to Lynette MacLeod- The Board approved the proposed agreement, and authorized the Chairman to sign the agreement. 8. HUMAN RESOURCES Third Year Adjustment to the Pay and Classification Plan- The Board approved the adjustment. 9. MOSQUITO CONTROL FIND Grant Application and Resolution for Assistance Under the Florida Inland Navigation District Watetways Assistance Program- The Board approved submitting the grant for improvements at Vitolo Family Park, authorized the Chairman to sign the application and the Interlocal Agreement authorizing the District to administer the FFND grant. 10. PURHASING A. Bid No. 02-34- The Board approved rejecting the proposal received for parking garage management. B. Bid No. 02-043- The Board approved awarding the bid for temporary and emergency supply and dispensing of gasoline and diesel fuel to the sole bidder, Holmes Oil Corp. Inc., and authorized the Chairman to sign the contract as prepared by the County Attorney. C. Bid No. 02-039- The Board approved awarding the bid for the purchase of one truck excavator to the low bidder, L.B. Smith Inc., for a total price of$184,225. 11. INVESTMENT FOR THE FUTURE A. Request for Bids- The Board approved granting permission to advertise for bids to qualified vendors, as approved by the Selection Committee, for the replacement of the security system at Rock Road Jail. 4 ,-. ..."" B. Bid No 02-044- The Board approved awarding the bid for construction of two tennis courts at Lawnwood Recreation Area to the low bidder, Fast Dry CQurts in the amount of$85,717 and authorized the Chairman to sign the contract as prepared by the County Attorney. CA-1 COMMUNITY SERVICES- Acceptance of Funds/ Budget Resolution No. 02-94- Consider staff recommendation to approve the budget resolution to accept the funds remaining from the Community Food and Nutrition grant from FY 01 in the amount of$10,000 and authorized the Chairman to sign the necessary documents. It was moved by Com. Lewis, seconded by Com. B.ruhn to approve staff recommendation; and, upon roll call, motion carried unanimously. REGULAR AGENDA (1-1384) COMMUNITY DEVELOPMENT 5A. Ordinance No. 02-010-lPetitiüll for AmendmentlWestchester Community Development District No. 1- Consider staff recommendation to approve the ordinance authorizing an amendment to the boundaries of the community development district. It was moved by Com. Bruhn, seconded by Com. Barnes, to approve Ordinance No. 02- 010; and, upon roll call, motion carried unanimously. 58. Ordinancc No. 02-0 II/Petition for Amendment/Westchester Community Development District No. 2- Consider staff recommendation to approve the ordinance authorizing an amendment to the boundaries of the community development district. It was moved by Com. Barnes, seconded by Com. Lewis, to approve Ordinance No. 02- 011; and, upon roll call, motion carried unanimously. 5C. Ordinance No. 02-012lPetition for Amendment/Westchester Community Development District No. 3- Consider staff recommendation to approve the ordinance authorizing an amendment to the boundaries ofthe r;ommunity development district. It was moved by Com. Lewis, seconded by Com. Bruhn, to approve Ordinance No. 02- 012; and, upon roll call motion carried unanimously. 5D. Ordinance No. 02-0 13lPetition for Amendment/Westchester Community Development District No. 4- Consider staff recommendation to approve the ordinance authorizing an amendment to the boundaries of the community development district. It was moved by Com. Lewis, seconded by Com. Barnes, to approve Ordinance No. 02- 013; and, upon roll call, motion carried unanimously. RA-1 Westchester Community Development Districts One through Four/Interlocal ^grcement- Consider staff recommcndation to approve the draft Interlocal Agreement betwecn St. Lucic County and the Westchester Community Development Districts One through Four for the purpose of addressing infrastructure improvements at the Westchester Development Site. It was moved by Com. Lewis, seconded by Com. Bruhn, to approve staff recommendation; and, upon roll call, motion carried unanimously. 5 , ","' ..., 6. PARKS AND RECREATION (1-1900) The Parks and Recreation Administration Manager discussed possible improvements at 10111 St. Park. It was moved by Com. Bruhn, seconded by Com. Barnes, to move forward with the improvements; and, upon roll call, motion carried unanimously. 7. COUNTY ATTORNEY (1-2024) Resolution No. 02-87- Consider staff recommendation to adopt the resolution establishing a permit fee for special review and siting criteria to be paid by the applicant for the construction of an electric generator plant in St. Lucie County, Florida. It was moved by Com. Barnes, seconded by Com. Bruhn, to approve Resolution No. 02- 87 as amended ( a base fee to be set at $10,000 and the following sentence added, "if additional expertise is needed or determined by the County, the applicant shall pay an additional fee not to exceed $10,000 ); and, upon roll call, motion carried unanimously. 8.' ADMINISTRATION (1-2530) A. St. Lucie County Airport AnnexationIFlorida Governmental Conflict Resolution- Staff requested authorization to work with the Treasure Coast Regional Planning Council in this process. The County Administrator addressed the Board on this issue. The County Attorney advised the Board that the city ofFt. Pierce at this time preferred to have both staffs meet with the mediator as opposed to having another workshop and felt it would be in the county's best interest to go forwMd and with the mediation process. It was the consensus of the Board to move forward with the mediation process as recommended by the County Attorney. B. Bi-Weekly Reports- The Board gave updates on the various committees and advisory boards they serve on. 9. PUBLIC WORKS (1-3022) Indian River Estates Stormwater Attenuation Facility- Consider staff recommendation to authorize the Public Works Department to submit a request for Inclusion Application to Florida Department of Environmental Protection -State' Revolving Fund Loan Program for $2.5 million to assist in construction. It was moved by Com. Bruhn, seconded by Com. Lewis, to approve staff recommendation; and, upon roll call, motion carried unanimously. The Board discussed the sludge issue brought up by Mr. Bangert during the public comments section of the meeting. Com. Coward stated he would like to reserve his comments until more information is obtained from staff He would like this issue brought back for discussion at another Board meeting. The Utilities Director advised the Board that he believes there is not an official ordinance at this point in Martin County. His understanding, in speaking with the county's operation manager, this ordinance is still in Martin County's legal department. 6 '"', ...." The Utilities Director commented on mobile de-watering which will be taking place in Martin County. There will be more facts available in 35 days. The County Attorney stated he would bring back an update on what Martin County was doing, review the ordinance and what our county recommendations are about the situation. The Utility Director requested 3 weeks to compile all the information. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of Circuit Court 7 ~ .....", ...... AGENDA REOUEST ITEM NO. M DATE: April 2, 2002 REGULAR [XI PUBLIC HEARING [ ] CONSENT [ I TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 02-96 - Proclaiming the week of April 7, 2002, through April 13, 2002, as "BARBERSHOP HARMONY WEEK" in St. Lucie County, Florida. BACKGROUND: The Society for the Preservation and Encouragement of Barber Shop Quartet Singing in America Inc. (SPEBSQSA, Inc.) was officially organized on April 11, 1938 in Tulsa, Oklahoma. Mr. George E. Schoener, Chorus Director, Public Relations Officer/Bulleting Editor for the Society for the Preservation and Encouragement of Barber Shop Quartet Singing in America, Inc. has requested that this Board proclaim April 7, 2002, through April 11, 2002 as Barbershop Harmony Week in St. Lucie County, Florida. The attached Resolution No. 02-96 has been drafted for that purpose. FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 02-96 as drafted. ~] APPROVED [] DENIED [ ] OTHER: 5-0 .J COMMISSION ACTION: Do as Anderson County Administrator .. County Attorney: Originating Dept. ....... $y Review and Approvals Management & Budget Other: Finance: (Check for Copy only, if applicable)___ Purchasing Other: -wi Eff. 5/96 '-' ....., RESOLUTION NO. 02-96 A RESOLUTION PROCLAIMING THE WEEK OF APRIL 7,2002, THROUGH APRIL 13,2002, AS "BARBERSHOP HARMONY WEEK" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners ofSt. Lucie County, Florida, has made the following determinations: I. The Society for the Preservation and Encouragement of Barber Shop Quartet Singing in America Inc. (SPEBSQSA, Inc.) was officially organized on April 11, 1938 in Tulsa, Oklahoma. 2. What began as a small group 64 years ago has blossomed into the world's largest all-male singing organization, an international organization of men from all stations in life. 3. SPEBSQSA is dedicated to the spread of harmony for the enjoyment of all of the world through organizing and encouraging close-harmony singing groups; and encourages harmony amongst all people of the world through the universal language of music. 4. SPEBSQSA has actively preserved and presented a distinct style of vocal music that originated in North America; and is dedicated to sustaining and preserving an American tradition, the barbershop quartet. 5. SPEBSQSA promotes musical education through music scholarships and other means, and supports charitable foundations and causes locally and internationally. 6. Barbershoppers are engaged in laudable civic service and enrichment of our cultural life through the fostering of traditional values in entertainment and community endeavors. 7. The Martin/Saint Lucie Mariners Barbershop Chorus has been our local chartered chapter of this international organization since 1975. -, "'" ..",I AGENDA REQUEST ITEM NO. ~ c:3 DATE: April 2, 2002 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 02-97 - Proclaiming the month of April, 2002, as "Child Abuse Prevention Month"; "Congratulating the CASTLE on its more than Two Decades of Service to the Four-County Treasure Coast Area", and "Commending them for their Continued Success in Helping Families Break Free from the Cycle of Child Abuse by Setting a National Standard for Healthy Families" in St. Lucie County, Florida. BACKGROUND: Mr. Herb Ellis, Director of Marketing and Public Relations for CASTLE, has requested that this Board proclaim the month of April, 2002 as Child Abuse Prevention Month in St. Lucie County, Florida. The attached Resolution No. 02-97 has been drafted for that purpose. FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 02-97 as drafted. COMMISSION ACTION: [xl APPROVED [] DENIED [ ] OTHER: 5- 0 .... ~ w Review and Approvals County Attorney: Management & Budget Originating Dept. Other: Finance: (Check for Copy only, if applicable)___ Purchasing Other: ..." Eft. 5/96 " v ""'" , . RESOLUTION NO. 02-97 A RESOLUTION PROCLAIMING THE MONTH OF APRIL, 2002, AS "CHILD ABUSE PREVENTION MONTH"; "CONGRATULATING THE CASTLE ON ITS MORE THAN TWO DECADES OF SERVICE TO THE FOUR-COUNTY TREASURE COAST AREA"; AND "COMMENDING THEM FOR THEIR CONTINUED SUCCESS IN HELPING FAMILIES BREAK FREE FROM THE CYCLE OF CHILD ABUSE BY SETTING A NATIONAL STANDARD FOR HEALTHY FAMILIES" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of S1. Lucie County, Florida, has made the following determinations: 1. Child abuse is a serous and growing problem affecting over 3,620 children on the Treasure Coast; 75,000 children in the state of Florida annually; and more than 3.2 million nationally, including more than 1,000 abuse-related tragic fatalities. 2. This societal malignancy called child abuse respects no racial, religious, class or geographic boundaries, and in fact, has been declared a national emergency. 3. Every child deserves to live in a safe, permanent and caring family knowing that children from stable, healthy home environments are better prepared for school, have a significantly better academic future, and are less likely to become involved in drugs and crime. 4. The CASTLE of the Treasure Coast, incorporated in 1981 as the Exchange Club Center for the Prevention of Child Abuse of the Treasure Coast, Inc., was the first center in the country created for the sole purpose of bringing awareness to and breaking the cycle of child abuse, and has become the model for a network of over 100 such agencies throughout 27 states all working to win the battle against the devastating pain and lifelong results of child abuse. 5. The CASTLE (which stands for Child Abuse Services, Training and Life Enrichment), through its support of parent aide programs, parenting classes, educational programs and community .. ~ ....., - , . service activities, is making significant progress in stopping this crime against families and children. 6. Studies have shown that prevention remains the best defense for our children, that for every dollar spent through prevention efforts of the CASTLE and its sister agencies, needless tragedies are prevented and children and families are kept whole and protected. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners ofSt. Lucie County, Florida: 1. This Board does hereby proclaim the month of April as "CHILD ABUSE PREVENTION MONTH" in St. Lucie County, Florida. 2. This Board further "CONGRATULATES THE CASTLE ON ITS MORE THAN TWO DECADES OF SERVICE TO THE FOUR-COUNTY TREASURE COAST AREA," and "COMMENDS THEM FOR THEIR CONTINUED SUCCESS IN HELPING FAMILIES BREAK FREE FROM THE CYCLE OF CIDLD ABUSE BY SETTING A NATIONAL STANDARD FOR HEALTHY FAMILIES" in St. Lucie County, Florida. 3. This Board urges the citizens of St. Lucie County to use this time to reflect upon, better understand, recognize and respond to this grievous crime against defenseless children. PASSED AND DULY ADOPTED this 2nd day of April, 2002. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY .j'J'...... ..;.,)v.;;; .1..':'. ~,:;. l'.......~ :)O.l-±j,)U-~)..!....) '"- Our Mission To improve the quaJity of family life and prevent child abuse and neglect by providing community education, support and resourees fo.t parents in need of ássistance. EXŒANGE CLUB CASTLE 3525 SW Midway Road Fort Pierœ, FL 34981 Voice: 561.465.6011 Fax: 56L4G5.6013 Spo"*,,od 'n P'o; q. ~ CIuea. Doponmonl aI Chilcr.n and F'anlUealnd tliII Stille of 'bri:b. Unll. W*1 oflrJ:jian R~, MN;".. 5t. \.lJe;It:I .... Okllll:holilt9 CoIJ,1Cif& ChI<Ir8o~ __COlI CO...,x,..,_. 00McI1G¡..,. sr. UICo. and Ind!cn _eo...,... ilf"d e.~f"IOQ OlJb& CSN d l!"Jdi:!n ~i\ltrCovF1lY. ':'.';.I....tl."'\.\ l~.t.. \. Ll;Í) '..:\:'1.1...£ l¡[ UlIl·002 ...,¡ Dol Marcb 26, 2002 .Doùj, I ~ éj [1 n ( !if) o ~'l fJ·~l1.!..G.}..u·~~ ~fJl(\ ~ 7 7 ~ v ,~~ . Ï) \... C<.-I \.U Jl) County Administrator's Office 51. Lucie County ATT: Dian:: Turner Dear Ms. Turner. The CASTLE (Child Ab~e Services, Training & Life Enricbment) has served Martin COWJty since 1981 providing educational services, in-home counseling, sup- port groups and other reSOìll'Ces for parents Sfld children in Deed of assistance. April is designated National Child Abuse 'Prevention Month and CASTLE is asking the St. Lucie County Comnússion to ¡Wopt the enclOSèÙ proclamation to help increase pubJic awareness of the growing problem of child abus~. We would Uke to be includéd on the agenda of an upcoming Commission Meeting to present the enclosed proclamAtion 81ld respecrfully ask fOT its adoption. Please advise us as soon as you can regarding when we míght get on the agenda. If you need anything further, please caJI me at 561-465-6011, ext 36. ~JJ~ Herb Ellis Direcl:or of Marketing and Pubtic Relations ~, "" ~ AGENDA REOUEST ITEM NO.--M. DATE: April 2, 2002 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 02-84 - Urging BellSouth to reconsider its proposed relocation of the Fort Pierce, Florida Call Center located at 3300 Okeechobee Road, given the severe economic and emotional consequences of such a move. BACKGROUND: Peggy Ward, President, Communications Workers of America Local 3111, has requested that a resolution be drafted urging BellSouth to reconsider its proposed relocation of the Fort Pierce, Florida Call Center. The attached Resolution has been drafted for that purpose. PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 02-84 as drafted. COMMISSION ACTION: CE: [~APPROVED [] DENIED [ ] OTHER: County Attorney: ~ Review and Approvals Management & Budget Purchasing Originating Dept. Other: Other: Finance: (Check for Copy only, if applicableJ___ Eff. 5/96 '- 'WI" l RESOLUTION NO. 02-84 A RESOLUTION URGING BELLSOUTH TO RECONSIDER ITS PROPOSED RELOCATION OF THE FORT PIERCE, FLORIDA CALL CENTER LOCATED AT 3300 OKEECHOBEE ROAD, GIVEN THE SEVERE ECONOMIC AND EMOTIONAL CONSEQUENCES OF SUCH A MOVE WHEREAS, the Board of County Commissioners ofSt. Lucie County, Florida, has made the following determinations: 1. BellSouth recently announced that the corporation plans to relocate the call centers operating in ten Florida cities into four cities. 2. The relocation proposal constitutes a major change in the operation of Bell South services for Treasure Coast citizens, businesses, and local governments, and tremendous upheaval in the lives of company employees whose livelihood and family security are threatened. 3. The proposal removes the call centers that operate currently in Gainesville, Panama City, Daytona, Orlando, Fort Pierce, and West Palm Beach, and leaves the whole territory on the Treasure Coast without customer service from call centers in the region. 4. Call centers constitute the customer service network of BellSouth and include the Sales Associates, Service Representatives, and Office Assistance. 5. BellSouth's proposal will uproot those families that are compelled to relocate according to the company directive, and the large number oflong-term employees who cannot move to follow their jobs will simply be left behind financially and emotionally. 6. Dedicated women constitute the principal class of employees tragically affected by the relocation proposal, and traditionally it is more difficult for them to relocate and Florida's Treasure ..... .." t Coast, including surrounding communities, will suffer a significant reduction in anticipated revenue. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board hereby urges BellSouth to reconsider its proposed relocation of the Fort Pierce, Florida call center given the severe economic and emotional consequences of such a move. 2. The County Administrator is hereby directed to forward a copy of this resolution to Mr. Isaiah Harris, Jr., President Consumer Services, BellSouth Corporation, Suite/Floor 6A22, 1025 Lenox Park Blvd. NE, Atlanta, Georgia 30319-5309; Ms. Valencia I. Adams, Coo-Consumer Services, BellSouth Corporation, Suite/Floor 6A52, 1025 Lenox Park Blvd. NE, Atlanta, Georgia 30319-5309; Ms. Hilda P. Geer, Consumer Vice-President & General Manager, BellSouth Corporation, Rom 660, 600 NW 79th Avenue, Miami, Florida 33126; and Ms. Maureen Stecher, Office Manager-Consumer, Bell South Corporation, Room 130, 3300 Okeechobee Road, Ft. Pierce, Florida 34947. After motion and second the vote on this resolution was as follows: Chairman Doug Coward XX Vice Chairman Cliff Barnes XX Commissioner Paula A. Lewis XX Commissioner Frannie Hutchinson XX Commissioner John D. Bruhn XX PASSED AND DULY ADOPTED this 2nd day of April, 2002. \ ATTESTED: ~ ""'" BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY ~ ~.. '-' AGENDA REQUEST ITEM NO. --Ø-- DATE: April 2, 2002 REGULAR [XX] PUBLIC HEARING D CONSENT D TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Sludge Disposal Regulations BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: COMMISSION ACTION: [X] APPROVED [ ] DENIED [ ] OTHER: Workshop scheduled for April 23, 2002 after BOCC meeting. County Attorney: ~ Review and Approvals Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng.: Finance: (Check for Copy only, if applicable) Eff. 5/96 '-" ...., INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY. FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. 02-448 DATE: March 28, 2002 SUBJECT: Sludge Disposal Regulations ------------------------------------------------------------------------------ ------------------------------------------------------------------------------ BACKGROUND: In 1987, the County, working with St. Lucie County Health Unit, adopted regulations pertaining to the disposal of sludge, septage and sewage. A copy of these regulations which have been codified in Chapter 1-10 of the Code of Ordinances of St. Lucie County are attached. I have spoken with Jim Moses, Environmental Manager of the Health Department concerning the existing regulations. Mr. Moses will be providing a written memorandum on the background and history of the adoption and enforcement of the current regulations as well as suggestions for modifying the current regulations. When I receive Mr. Moses' memorandum, I will forward the memorandum to the Board under separate cover. I have also invited Mr. Moses to appear at the Board's April 2 meeting in case the Board has any questions. My office contacted the Martin County Attorney's Office for copies of any ordinances pertaining to sludge disposal. The County Attorney's Office faxed a copy of Martin County Ordinance Numbers 585 and 589 which were adopted on March 20, 2001 and June 30, 2001 respectively. A copy of these ordinances are attached. A review of this ordinance does not reveal a general prohibition against land disposal of sludge in Martin County. According to Martin County Environmental Services Director John Polley, there are no additional draft ordinances (see March 27, 2002 fax from Martin County Attorney's Office. Respectfully submitted, Daniel S. McIntyre DSM/caf Attachment Copy to: Utility Service Director Public Works Director '-' -...I Chapter 1-10 HEALTH AND SANITATION* Art. I. Art. II. Art. m. Art. Iv. In General, §§ 1-10-1-1-10-20 Sludge, Septage and Sewage Disposal, §§ 1-10-21-1-10-30 Sewage Disposal Capacity, §§ 1-10-31-1-10-34 St. Lucie County Cross Connection Control Policy, §§ 1-10-35-1-10-37 ARTICLE I. IN GENERAL Sees. 1-10-1-1-10-20. Reserved. ARTICLE II. SLUDGE, SEPT AGE AND SEWAGE DISPOSALt Sec. 1-10-21. Permitting of disposal organizations; transport and disposal of waste. (a) Any person, firm or corporation transporting, by motor vehicle, grade I domestic septage, food service sludge, grade II sludge, or domestic (sewage) wastewater treatment sludge which is treated and/or landspread or otherwise disposed of in St. Lucie County must obtain an annual written service permit from the St. Lucie County Public Health Unit (SLCPHU) pursuant to Chapter 10D-6.52, Florida Administrative Code. The initial applica- tion shan be submitted to SLCPHU within thirty (30) days from the date of this article and shal1 be valid through June 30, 1988. Thereafter annual applications shan be submitted to SLCPHU prior to June 30 of each year. The application shaB be on a form provided by the public health unit and shaB be accompanied by a fee as provided by state law. If al1 requirements of this article and Chapter 17-7, Florida Administrative Code are met, a permit shan be issued which is valid from July 1 through June 30. AU requirements of Chapter 17-7, Florida Administrative Code, which are not in conflict with this article are expressly incorporated into this article. (b) The following must be provided for evaluation prior to issuance of a service permit: (1) Evidence that the applicant possesses adequate equipment, such as a leak-prooftank trunk, pumps, appurtenances and tools for the work intended. Equipment shaB be brought to the St. Lucie County Public Health Unit for inspection and approval each year prior to permitting; *Cross references-Environmental protection, Ch. 1-7.6; ordinance provisions relating to garbage, trash and refuse, Ch. 1-9; special act provisions relating to garbage, trash and refuse, Ch. 2-8; special act provisions relating to health and sanitation, Ch. 2-9. tEditor's note-Part A of Ord. No. 84-12, adopted July 10, 1984, repealed former Art. II, §§ 1-10-21-1-10-24, which pertained to licensure of nonemergency medical transportation services and derived from Ord. No. 83-01, Pt. A, adopted Mar. 8, 1983. Subsequently, Pt. AofOrd. No. 87-98, adopted Dec. IS, 1987, enacted provisions to read as set out in Art. II, §§ 1-10-21-1-10-24. Cross references-Marine sanitation, § 1-7.6-30 et seq.; regulation of water and sewer utilities, § 1-20.5-1 et seq.; special acts relating to health and sanitation, Ch. 2-9. State law reference-Power to regulate sewage disposal and collection, F.S. § 125.01(k). Supp. No. 44 465 '-'" "WI § 1-10-21 ST. LUCIE COUNTY CODE (2) The permanent location and address of the business where operations will originate and where the equipment is to be stored when it is not in use; (3) The proposed disposal method and the site(s) to be used for disposing of the waste; and (4) The type source(s) of the waste being transported. (c) When a permit is issued, the number of said permit along with the name of the person or organization, the business address, business phone and the gallon capacity of the truck shall be prominently displayed on the service truck(s) with three-inch or larger letters. (d) Domestic septage, food service sludge, grade II sludge, and domestic (sewage) wastewater treatment sludge shall be transported to the disposal site in such a manner so as to preclude leakage, spillage or the creation of a sanitary nuisance. All permitted septage and sludge haulers shall maintain trip logs that are open for inspection on a form provided by the public health unit. Failure to maintain trip logs shall be a violation of this article. (e) Dìsposal organizations shall not dispose of any waste at any landspreading site in St. Lucie County unless that site has been permitted for by this article. (f) All industrial sludges, grade III sludges and hazardous wastes shaH not be landscaped in St. Lucie County. These excluded wastes shall be handled and disposed of pursuant to Florida Department of Environmental Regulation Rules and Regulations. (Ord. No. 87-98, Pt. A, 12-15-87) Sec. 1-10-22. Definitions. The following words and phrases used in this article shall have the meanings set forth below: Domestic septage. All solid waste containing human feces, or residuals of such, which have not been stabilized or disinfected. Not included are food service sludges and industrial wastes. Domestic (sewage) wastewater treatment sludge. MY sludge generated by a domestic wastewater treatment plant. Food service sludge. Oils, greases and grease trap pumpings generated in the food service industry. Grade I domestic septage. Domestic septage which has been properly stabilized. Grade I sludge. A stabilized sludge which does not exceed the following parameters: (1) Cadmium less than thirty (30) mg/kg dry weight. (2) Copper less than nine hundred (900) mg/kg dry weight. (3) Lead less than one hundred (100) mg/kg dry weight. (4) Nickel less than one hundred (100) mglkg dry weight. (5) Zinc less than one thousand eight hundred (1,800) mglkg dry weight. Supp. No. 44 466 '-' ...,I HEALTH AND SANITATION § 1-10-23 Grade II sludge. A stabilized sludge which does not exceed the following parameters: (1) Cadmium thirty (30) through one hundred (100) mg/kg dry weight. (2) Copper nine hundred (900) through three thousand (3,000) mglkg dry weight. (3) Lead one thousand (1,000) through one thousand five hundred 0,500) mglkg dry weight. (4) Nickel one hundred (100) through five hundred (500) mglkg dry weight. (5) Zinc one thousand eight hundred (1,800) through ten thousand (10,000) mglkg dry weight. Grade III sludge. A stabilized sludge which exceeds the parameters used to defme grade II sludge. Hazardous waste. Waste which have one (1) or more of the following properties: Ignitable, corrosive, reactive or toxic. Industrial sludges. All sludges that are primarily composed of materials generated through a manufacturing or other industrial process. Stabilization. The use of a treatment to render sludge or septage less odorous and putrescible, and to reduce the pathogenic content as described in Chapter 6 of EPA 625/1-79-011, "Process Design Manual for Sludge Treatment and Disposal." This manual is adopted and made a part of this article by reference. A copy of this document may be obtained by writing the department of environmental regulation, and may be inspected at all DER offices. Treatment. The process of altering the character or physical or chemical condition of the waste to prevent pollution of water, air or soil, to safeguard the pubHc health or enable the waste to be recycled. (Ord. No. 87-98, Pt. A, 12-15-87) Sec. 1-10-23. Permitting ofland spreading sites; requirement that sites only spread waste transported by permitted disposal persons or organizations. (a) Owners of all property being used in St. Lucie County for landspreading of grade I or grade II sludge must obtain an annual written service permit from the St. Lucie County Public Health Unit and the Department of Environmental Regulation. The procedure for obtaining a permit and the duration of the permit shall be the same as that used in section 31-77(a) of this chapter [sic]. A permit will be issued if the applicant complies with the requirements of Chapter 17-7, Florida Administrative Code, except that no exceptions for grade I sludge landspreading for normal farming operations shall apply. These standards shall apply to all landspread sites governed by this article, including all grade I landspread sites. Compliance with these requirements shall be determined by an on-site inspection by a public health unit inspector prior to a permit being issued. Once issued, a copy of the permit shall be made Supp. No. 44 467 '-' ..."" § 1-10-23 ST. LUCIE COUNTY CODE available upon request by a disposal organization representative or public health unit employee. The application shall be on a form provided by the St. Lucie County Public Health Unit and shall be accompanied by a small administrative fee set by county resolution. (b) Owners of landspreading sites in St. Lucie County shall not allow any person, firm or corporation to dispose of any grade I or grade II sludge on their property unless said person, firm or corporation has a valid permit issued by the St. Lucie County Public Health Unit. Th do otherwise is a violation of this article and is punishable as provided herein. This article shall not operate to release any persons from complying with any other applicable county, city, state, or federal regulations. (c) Untreated domestic septage, food service sludge, and domestic (sewage) wastewater treatment sludge generated in St. Lucie County must be treated at the sludge treatment facility located at the Glades Road Landfill or at another permitted facility in St. Lucie County where proper treatment can be assured prior to any land application in St. Lucie County. All treated domestic septage, food service sludge, and domestic (sewage) wastewater treatment sludge must be disposed of at a Department of Environmental Regulation approved location in accordance with the requirements of this section. If it is determined that improperly treated and stabilized sludge has been landspread in violation of this article, the owner of the site shall be required, at his own expense, to treat said sludge in such a manner as to eliminate any obnoxious odors and other harmful effects of said improper landspreading. This sanction shall be in addition to any other penalties properly levied in accordance with this article. (d) Grade I and grade II sludge shall not be landspread within one-half (112) mile of an occupied building. For the purposes of this section, "occupied building" includes any residen- tial, commercial or agricultural structure inhabited or used by humans, but shall not include such structures entirely within the property lines of a permitted landspreading site. These latter structures must still comply with the distance requirements of Chapter 17-7, Florida Administrative Code. (e) When grade I or grade II sludge exceeds a thickness of three (3) per cent solids, the material must be tilled into the soil, or must be landspread so that complete drying occurs within twenty-four (24) hours, or otherwise disposed of in a manner approved by the St. Lucie County Public Health Unit or the Florida Department of Environmental Regulation. (Ord. No. 87-98, Pt. A, 12-15-87) Sec. 1-10-24. Article enforceable by environmental control hearing board. The provisions of this article shall be enforced by the environmental control hearing board pursuant to Chapter 1-7.6 of this Code. COrd. No. 87-98, Pt. A, 12-15-87) Secs. 1-10-25-1-10-30. Reserved. Supp. No. 44 468 ,MAR":'27-2002 00''''2 MARTIN COUNTY ATTNY 561 -'88 5439 P.01 'wi MARTIN COUNTY A TTORNEY'S OFFICE 2401 SE Monterey Road Stuart, FL 34996 (561) 288-5440 (561) 288-5439 (FAX) FAX TRANSMISSION COVER SHEET Date: To: March 27, 2002 Connie Ca1lžlah Fax 561-462-1440 Phone Re Sender Sludge Ordinance #585 Margy Mills YOU SHOULD RECEIVE 10 PAGE(S), iNCLUDING THIS COVER SHEET. IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL (561) 288-5441 Connie, Hope this is helpful. Margy This m~ssagt is intmdtd onb' for the use of th~ individual or entiry to which it is addrr:ssed and may c:ontain i1ljønnation that is privileged, confidetztial and exempt from di9cl.(Jsun under applicable law. If yuu an not the intended rr:cípient, or the employee or agrnt respotzsible for delivering the message to the int~ndcd recipient, you are hereby notified tJuzt il1ry disst:mination, distribution or copying rif this c:ommunication is strictb' prohibited. If you htr/'e received this c:ommunication in trror, notijy me immediateb' by tclephorn: and return the original message to me at the tnclosed addnss ria U.S. Postal Service. Thankyou. MARTIN COUNTY ATTNY 561 ~88 5439 P.02 r ......, ..",. · · - · · · · · - · .. · - · · . MARTIN COUNTY, FLORIDA ORDINANCE NUMBER 585 AN ORDlNANCE AMENDING CHAPTER 31, WATER AND ~it;W~RS, OF THE CODE OF LAWS AND ORDINANCES OF MARTIN COUNTY, THEREBy PROVIDING FOR THE PROTECTION OF. THE GROUND AND SURFACE WATERS OF MARTIN COUNTY FROM IMPROPER DISPOSAL OF CLASS A AND B RESIDUALS AND SEPT AGE; LIMITING LANDSPREADING OF CLASS A AND B RESIDUALS AND SEPTAGE; REQUIRING SUBMI'ITAL OF AGRICULTURAL USE PLANS; REQUIRING PERMITS FOR VEHICLES USED TO LANÐSPREAD RESIDUALS AND SEPT AGE; REQUIRING ANNUAL PERMITs FOR LANDSPREAD.ING SITES; PROVIDING FOR ENFORCEMENT; PROVIDING FOR RECORD KEEPING REQUIREMENTS; PROVIDING FOR DEFINITIONS; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABn..rry AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Martin Co~ty is authorized, 22 pursuant to Sections 1 and 6, Article VIII, Constitution of the State of Florida, and Chapter 23 125, Florida Statutes, to adopt ordinances; and, 24 WHEREAS, the Board has determined that it is necessary to amend Chapter 31, 25 Water and Sewers, of the Code of Laws and Ordinances of Martin County; 26 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 27 COMMISSIONERS OF MARTIN COUNTY, FLORIDA, THAT: 28 Chapter 31 of the Code of Laws az¡d Ordinances of Martin County, Florida is hereby 29 aInended as follows: 30 PART ONE: Sections 31-77 through and including Section 31-81 of the Code of Laws and 31 Ordinances of Martin County, Florida are amended as follows: 32 Sec. 31-77, Pennittine- of vehicles used to landsDread residuals and seDta~e. Paf1JbuiHg of 33 àiapesIH erg&ni:r;atioI'iß; transport lti'Iå fliapos&l ef waste. 34 Any person, fIrm OJ:' corporation rransporting by motor vehicle Grade 1 àemeatic aef3ta~e, fðElè .../ 10 11 12 13 14 15 16 17 18 19 1 MRR-27-2002 09'~3 '-" 561 ?88 5439 P.03 OR . O·).~~ 0199 2 =0 Class A or B residuals or seDta~e, which is treateè liliålor landspread or othe¡wise disposed of in Martin County must obtain 1m annual written service permit for each vehicle from the Martin County ~ Health 3 4 Uftit (MCPHU) Department. Al'IlIt!w &p~lieaâeRs shall be fjöbmitteà te MCPIRJ prier 16 Jl:IlIe 30 ei eaeå year. ApDIications for a pennit must be on a fonn provided by the health department and 5httH èe must be accompanied by a fee set by resolution by the Martin County Board of County 5 6 7 Commissioners. If all requirements sf this erŒ)\afee lIDS Chapter 17 7, Flefi$ Aåmíms~tîve Caàe 8 are met, a pennit shall be issued which is valid from July 1 through June 30. tdl reqai1ements af 9 Cftllj3tef 17 7 wkielt Me 1'Iat ill eBftfliet \\1tl=l this e1'èillanee are e\r:'f'essly ifteeFpor8.{eå illte àiis Mdí1'l~. The oermit must be kept in the truck landspreading the wæte. The following must be provided for evaluation prior to issuance of a service permit: (1) Evidence that the applicant possesses adequate equipment, such as a leak-proof tank truck, pumps, appurtenances and tools for the work intended. Equipment shall be brought to the Martin COUJIty Mlie Health YÐii DeDartment for inspection and approval prior to permitting the first year and eveI)' 2 years thereafter; (2) The permanent location and address of the business where operations will originate and where the equipment is to be stored when it is not in use; (3) (4) The proposed disposal method and the site(s) to be used for disposing of the waste; and The specific source(s) of the waste being transported. 20 WheIl a permit is issued, the number of said pennit along with the name of the person or 21 organization and business aåèress, Bt!3illess phone number and ffle ~allo!'l eapaeit) flf the !:rt:le![ shaIJ 22 be prominently displayed on the service tnlck with three-inch or larger letters. 23 Domesåe 3efJta~e. feeå Bel"> iee shtdge, Gl'8ae II slud,g;e, li!'IeI åeme3tie (sewage) "¡aste\",'Mer treatment 2 Straek thrs1:lgh passages are deleted; Underlined passages are added. ~. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 MAR~27-2ØØ2 09:?3 \.t' MARTIN COUNTY ATTNY 561 288 5439 P '¡dUWS~ShWI 00 Uu~O~ ~ ~::: : $~:~ mmm~ so as to preclude leakage, spillage or the creation of a sanitary nuisance. Disposal organizations shall not díspose of any waste at any landspreading site in Martin County unless that site has been permitted as provided for by this ~ efè:ifl&flee..AJl iflèl:t5trial shiáges, Gfll.è.e III sl1.iàges and kauràa1:is wastes ska:ll fl5t àe lanåspreaè ¡R MartiR Cmlftty. These e1lehiEied wastes shan Be haflt:Heè. &flå wsposeEl. af PUfStUm.t to F1aiÌeIti Department af ERVirefilMfttal Regulaêeft Rides Etttå Regulaf:ießs. If tbe source. class or disposal method changes during the permit year. a revised apolication must be approved by the Martin County Health De.partment urior to the change. See. 31-78. Permitting of landspreading sites; requirement that site$ only spresd accept waste transported by permitted disposal persons or organizations. Owners of ~ each property being used in Martin County for landspreading of Grade I or Graåe: II 3-lt:Iàge Class A and B residuals and septal!e must obtain an annual written service pennit from the Martin County ~ Health ~ Department. The procedure for obtaining a permit and the duration of the pennit shalL be the same as that used in Section 31-77 of this chapter. A peffl'l:Í.t will be iS51:1eå. if Ù:1e ~~lieant eemplies with the reqttÏreMcnts sf Chapter 1: 7, Florièa 1.àministraÐ.ve Code, exeept that ßO exee:pâe!'!:s [^Sf GfB:àe I s\Jid.g;e laflàspreadil'ig fer R6fØ!.ed farmil'ig epeæ£ÏÐRs aha:ll ~I9Ij'. These stlmå~ sflallllf'ply t6 a:lIIBflå:sl'feaå sites ge...emeã by this eråiflancc ineltU:Hag all Oralie I IIt'flà:3preaå sÜes. COHtt'liance"" kh tflese æqæreffleftts shan be åeteffflÌm::d by B:fl 6B site ifl5peeâea B)' II p1:l191ie Real$ 1:Iftit iT'I3peet0f prior 16 II permit aeing ia31:1ed. CHee ¡salled, II eapy ef the pefffI::Ít shaY be fflllåe available !!paR 1'ef1:!est è) BflY e1:î3pesa:l ergaJiÌzllti6f'1 raprescntßt¡ Ie Sf p1:lblie health 1:il'lit ample) ee. The application shall be on a form provided by the MW'1:Îft Cau!'!:ty Pl*Ilie Health ~ Department and must be accompanied bv an af!ricultural use ulan (DEP form 62- _3 Strull thretlgh passages are deleted; Underlined passages are added. A' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 MAR-27-2002 0D'~4 ~ MARTIN COUNTY ATTNY ~ 640.21O.(2)(a) or its most current version) and sJ:ia:ll be ftCcômp8:l1:Îeà b)' a small adæiftistmtive fee set 561 ~88 5439 P.0S OR . o~ 0201 by resolution by eSliflt)' reseletistt the Martin County Board of County Commissioners. All uermits will provide that the sites be available and subiect to inspection at any time. If all reql.Ùrements are met a œnnir shall be issued which is valid from July 1 through June 39· The fol1owing standards shall applv to a\llandsoreadine sites governed by this article: (1) Owners of landspreading sites in Martin County shall nor allow any person, fum or corporation to dispose of MY Gra.àe I Sf Craàe II sltlège Class A or B residuals or septa&e on their property unless said person, firm. or corporaûon has a vlllid permit issued by the Martin County Pt!blie Health Yft* Deoartment. To do otherwise is a violation of this eråiftanee ~ and is punishable as provided herein. (2) Doæesâe 5ej:!tage, èeæt5Ûe (3ewage) wasrev.ate:r t:rea~ent shià.ge er fseå !!ef'\iee shulge v¡meft hftS Het aees prepefi)' t:reat6à IIßà stabi1izeà m~st èE! àispeseà ef at the Marti!\. Caamy Sll:iàge T:rea£ment Faeilit~ ~rier te 8ßY IMlå IIpplieaåen iIi Marti1\ CaaBty. Residuals and sCRtage must be treated to reduce pathogens and achieve veclor attraction reduction in compliance with 64f-6. FAC or 62-640. FAC prior to landspreading. If it is determined that improperly treated or stabilized residual or septage has been leflàspreae!. placed on the land in violation of this or<1isanee article, the owner of the site shaH be required, at his own expense. to treat said sltJl:lge waste in such a manner as to eliminate any obnoxious odors and other harmful effects of said improper landspreading. This sanction shall be in addition to any other penallies properly levied in accordance with this erå:iHeflCe article. ill Gfilde I lIftå Gæàe n Slliåge Class A or B residuals or septa!!c shall not be landspread within one-half (112) mile of an occupied building. For the purposes of this section, "occupied building" includes any residential, commercial or agricultural structure inhabited or used by _4 8truel. ÜH'6t!r;ø passages are deleted; Underlined passages are added. .... 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 MAR-27-2002 0C'~4 '-"' 56' ~88 5439 P.06 œ.o~02D2 landspreading site. These latter structures must still comply with the distance requiremenrs of Chapter ~ 62-640. Borida Administrative Code (pAC). ill When Graèe. I at Grade II Sh:iège Class A or B residuals or se¡>tage exceed a thickness of three (3) percent solids. the material must be tilled ¡nm the soil, landspread S6 that e6~Iete tÌryiag aeeefS. usin¡ a spreader bar. or otherwise disposed of in a manner approved by the Martin County Health Department within 24 hours of being 'Placed on the site. Stockpiling for more than 24 hours is prohibited. ill Class A residuals or sent age shall not be 1andspread within 400 feet of surface water and Class B residuals or septa~e shall not be landspread within 800 feet of surface water. The setback area must be vegetated. (6) No slaàge landspreading of Class A or B residuals or seDta~e is permitted in an area south of Bridge Road and east of the Florida Turnpike without the prior written consent of the Martin County Hcall'l<i Def'ar".meat Board of County Commissioners. See. 31-79. Article enforceable by environmental control hearing board. The provisions of this article may shaH be enforced by the Martin Count)': environmental control hearing board pursuant to Chapter 12 of this Code. However. this shall not preclude enforcement of this article in the Circuit Court or as otheTWise authorized bv law. Sec. 31-80. {",.eneral reQuirements. ill All reauirements of Cha,pter 62-640. Florida Administrative Code. or its most CUfient ~cle. 5 StrHek $hr8Hgh passages are deleted; Underlined passages are added. ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ~3 MRR-27-2002 09:25 ",",. 561 288 5439 P.07 ,-, ..."" DR sr 1.......:.0 PG D203 ill c end of each month, Sec. 31-89 .£l. Definitions. The fOllowing words and phrases used in this article shall have the meaning set forth below: :~ ><P'q/ ""I 'oIi4 -.e, ..,,,"'""! h..... f....,. '" ~_, of _. ~: h.o..... h... MA!>iij... or 0;,;""".... Not ;B.....,¡ ... food so..... .Iu<g", "'.. "'_oj "':' . ::""":':("''''';<) """"''M<. ._.."t -,v!' Any .1..... ._.... b} . "- . v......_ treatm.:flt plant. . "Pas' ~,... ice ;¡Iuige" Oib, gfe&9CS, and gfefwe t:fap I'l:I:l'5pÌJtgs geHeæted Ht the fead servjee: iftEIH3try:. "C,;aàof! : d{J""uftc JajJUfge': Demestie septage "/:Jtidt 1t~ ~ee!t pFeperly s[a~Œzðtb "C, 'i1J.! : 3lrd$';" I. staèiHf:ed alHåge '",,'Rich dees ßet e*eeeel the falle,. iftg pfl:flifflef:ef'st eaà- 'Hm leaa than 3e fftt}/:kg fIr}: V,'eig,* eepl'er leas diM 999 m~Eg df) weight lead leBa tltaft lee mg.~g dry' 'J.e.igfit niekel Je:S3 ~I!lt 199 m~ èi) \\ eight zifte less Hlan 1 gOO mgfleg Eh)' n ei~ "C~ :J ;¡kttl$'" I. sta~:i:ljzeE1 slt!:dge ·;.Bich de!::s Hel exeeeel the fallo;, ¡fig pæ'&l'f:leters eaàmftlB'l 39 1 00 m.~~ Ek) 'J. eight _6 S~e:k tMBllgh passages are deleted; Underlined passages are added. .," 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 MRR-27-2002 0~'25 MARTIN COUNTY RTTNY 'OPP" : 3000 mg/kg Sty "'i~ 561 ~8S 5439 P.0S œ .. Ol~PG 02IK leaëllQOO 1500 ~ àry ..ei~t ftieleel 100 see mýk:g ~ ;,eight ziac 1899 1 ggQg mg./kg dry weight "C,.."¿t: III JlttJ.K':" A stftbilized sludge whieh ex£eeås the pal"emeæfS ttSeEI lEi define Cf8àe n sludge. "nM.ðydðlll3 H4m" Wa!nes which ha, e efte er m6re af the fellswi!ig properties: igB:ita.bie. cOfrosive. feeeå".'e, or toxic. "}"'liNlftrial JhtJ.gco" :\11 gltlåges Hl9i are primarily eampescd of mMeriab geftefateå tili-etlgI:! II ffiMttÍaetæ"iag 61' e~er ifløa:i!ti. process. "Stabilif;8.uol'l" !BeMS the use of Ii treatm6Rl Ie reBåer 51tl-àge ðf' sepæge less eàeret15 ami I"l:}treseièle, ~à fÐ reduce the þathegeftie: coment fI: åe3erieed ili Chapter" sf BP/. 625/1 79 all, "Pfees5s Desi,¡;fl ManHBtl f-or Sludge TreaifBetH Bfld DisI"6Sel." ThÌ3 matHla:!. is aàepteå and maàe e. part af tfiia eråilianee 8) refef6ftee. A copy sf this dOC1:1meHt !flay be obtæaoo BY writing the DSl"ar.meat af EI'I'Iirenmeftta:!. Rep¡]at'ieft, 8f1d HUI) ee iftspecteå at ell DER amees. "Tr'Caffltcnt" ffleans the I"re(:~3s sf e:!teril'lg the ek8:f8cter, 61 I"ft) 5ie8.:1 or cbemical condition Elf the waste te þre....eftt I'ellutieft ef ., &:tef, air or seil, 16 safeguard the I'l:fblic health or enaele ~e \. ftSte ta '6e æeyeied. A~ricultural Use PLan. - A formal document which describes the controlled use of residuals as Dart of a planned açicultural operation.. Class A residuals - Residuals that meet Class A Dathoe:en reduction reouirements of Rule 62- 640.600(1)(a), FAC. This definition specificaJJy excludes Class AA residuals. . Class B residuals - Residuals that meet Class B pathogen reduction reauirements of Rule 62- 640.6000)(b) FAC. This definition suecifical1y excludes Class AA residuals. _7 Stl"tlel[ threugh passages are deleted; Underlined passages are added. .... 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ~3 :4 MAR-27-2002 09:?S "" 561 ¿SS 5439 P.09 ~ ...",., [If - O~ fIG 020:; 640.20()(241. PAC. and ash ~enerated durin!! the incineration of residuals. e 1?UmDin~ of an on-site sewage treatment and disDOsa) system. s ri s tidal Or surfa£e. PART TWO: CONFLICTING PROVISIONS. Special acts of the Florida Legislature applicable only to unincorporated areas of Martin County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordi.nance to the extent of such conflict. PART THREE: SEVERAHILIT)" If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such hoIcling shall not affect its applicability to any other person, property orcircuInStances. PART FOUR. APPLICABILITY OF ORDINANCE. _8 Stf'Uek thf'6'1lgk passages are deleted; Underlined passages are added. A'ITEST: ~'(~hu~ B; MARSHA EWING, ðE~ AP~ROVE AS TO FORM AND 23 ",c,:'. <,..-~ ··í ;¡;";.,'.:;:-;....,, ",' COR 58: -.,.:.~.-",\), '.~",.!,'" "" \" ¡:''?:''';>~;~~~!¡':;« ¡ ~~ k'ÿ, \. h \ ):>...,-0 . ~ ~ .". B ~ 0,(;. DATE _) "'" 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 MAR-27-2002 09:26 MARTIN COUNTY ATTNY 561 288 5439 P.10 ---. """" '-" - DR II( Ol54O PG D206 This ordinance shall be applicable in the unincorporated areas of Martin County. PART FIVE. FILING WITH DEPARTMENT OF STATE, The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code, DepartInent of State, 401 South Monroe St., Elliot Building, Tallahassee, Florida 32399-0250. PART SIX.. EFFECTIVE DATE. This ordinance shall take effect upm:¡ filing with the Department of State. PART SEVEN. CODIFICATION. Provisions of tJris ordinance shall be incorporated in the County Code and the word "ordinance" may be changed to "section;' "article" or other word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts three to seven shall not be codified. APPROVED and ADOPI'ED by the Board of County Commissioners of Martin County, Florida, on this.the 20th day of March, 2001. _9 Struek.tltt:8HgB passages are deleted; IJnderlined passages are added. TOTAL P. 10 MRR-¿7-2002 15'~? '-' MRRTIN COUNTY RTTNY 561 ~~8 5439 P.01 'WI MARTIN COUNTY A TTORNEY'S OFFICE 2401 SE Monterry Road Stuart, FL 34996 (561) 288-5440 (561) 288-5439 (FAX) FAX TRANSMISSION COVER SHEET Date: March 27, 2002 To: Connie Callilah Fax 561-462-1440 Phone Re Sludge Ordirzan~ #589 Sender Margy Mills YOU SHOULD RECEIVE 4 PAGE(S), lNCLUDING THIS COVER SHEET. IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL (561) 288-5441 Connie, According to John Polley, Environmental Services Director - Martin County there is no draft ordinance. Only 585 and 589 (which modified the effective date of ordinance 585). A copy of Ordinance 589 follows this cover. Best Regards, Margy MAR-27-2002 15'-1 MARTIN COUNTY ATTNY . "AUItA £WI.' nuu"," UIIT V -»EPUTY-èL£RK-TCO-P:S"~~;;:L.;;;.1; liD . 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 29 561 -~8 5439 P.02 '.J BEFORE THE BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA ORDINANCE NUMBER 589 AN ORDINANCE AMENDING THE EFFECTIVE DATE OF SUBSECTION 5 OF SEcrION 31-78 OF CHAPI'ER 31, WATER AND SEWERS, OF THE CODE OF LAWS AND ORDINANCES OF MARTIN COUNTY; PROVIDING FOR CONF1JCTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Martin County is authorized, pursuant to Sections 1 and 6, Article VIII, Constitution of the State of Florida, and Chapter 125, Florida Statutes, to adopt ornin:;¡nces; and, WHEREAS, the Board has determined that it is necessary to amend subsection 5 of Section 31-78 of Chapter 31, Water and Sewers, of the Code of Laws and Ordinances of Martin County; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MARTIN COUNTY, FLORIDA, THAT: Chapter 31 of the Code of Laws and Ordinances of Martin County, Florida is hereby amended as follows: PART ONE: Subsection 5 of Section 31-78 IS amended as follows: Sec. 31-78. Permitting of landspread.ing sites; requirement that Bites only accept waste traDBported by permitted disposal persOIlB or organizations. (5) Effective March 30. 2002. Class A residuals or søptag-o shall not be landspread within 400 feet of surface water and Class B residuals or septage shall not be landspread within 800 feet of surface water. The setback area mWlt be vegetated. S"tiPaek--Cïhreugh. passages are deleted; Underlined passages are added. MAR-27-2002 15'-1 MARTIN COUNTY ATTNY 561 -,8 5439 P.03 ..., OR ØI[ 8162Ø PG 8869 ., '-' 1 PART TWO: CONFLICTING PROVISIONS. 2 Special acts of the Florida Legislature applicable only to unincorporated areas of 3 Martm County, County ordinances and County resolutions, or parts thereof, in conflict 4 with this ordinance are hereby superseded by this ordinance to the extent of such. 5 conflict. 6 PART THREE: SEVERABIlJTY 7 If any portion of this ordinance is for any reason held or declared to be B uncon.etitutional, inoperative or void, such holding shall not affect the remAining portions 9 of this ordinance. If this ordinance or any provision thereof shan be held to be 10 inapplicable to any person, property or circumstances, such holding shall not affect its 11 applicability to any other person, property or circumstances. 12 PAm' FOUR. APPLICABILITY OF ORDINANCE. 13 This ordinance shall be applicable in the unincorporated areas of Martin County. 14 PART FIVE. FILING WITH DEPARTMENT OF STATE. 15 The Clerk be and hereby is directed forthwith to send a certified copy of this 16 ordinance to the Bureau of Arlmini~trative Code, Department of State, 401 South 17 Monroe St., Elliot Building, Tallahassee, Florida 32399-0250. 18 PART SIX. EFFECTIVE DATE. 19 This ordinance shall take effect June 30, 2001. 20 21 22 Sfæouek tkreugh passages are deleted; Underlined passages are added. 2 -- ~ - --- '-' AGENDA REQUEST ITEM NO~ ~ DATE: Apri/2, 2002 REGULAR [XX] PUBLIC HEARING [ ] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 PRESENTED BY: ~~~1t~.t- County Engineer SUBJECT: Oleander Business Park MSBU - Rescind Interlocal Agreement with Fort Pierce Utilities Authority and the City of Fort Pierce to Provide Wastewater Improvements BACKGROUND: See attached Memorandum FUNDS AVAIL.: n/a PREVIOUS ACTION: January 12, 1999 - Board approved Amended and Restated Interlocal Agreement. July 23, 1996 - Board approved Interlocal Agreement for Oleander Business Park MSBU December 19, 1995 - Board created the Oleander Business Park MSBU RECOMMENDATION: Staff recommends that the Board rescind the Interlocal Agreement unless there is sufficient interest from the land owners to continue with the Project. COMMISSION ACTION: [x] APPROVED [ ] DENIED [ ] OTHER: 5-0 Coordination/S illnatures ['[Cowo', A"O'O"'~ [xl Public Works Dir:1 ~) [] Finance Dir: [] Mgmt & Budget: [XI CO Eng: ~~. f []Other: ","00'""'-" ~ [X] MSBU Coordinato "l? P '-" 'w!I COMMISSION REVIEW: April 2, 2002 ENGINEERING MEMORANDUM NO. 02-11 TO: Board of County Commissioners FROM: Donald B. West, County Engineer DATE: March 13, 2002 SUBJECT: Oleander Business Park MSBU - Rescind Interlocal Agreement with Fort Pierce Utilities Authority and the City of Fort Pierce to Provide Wastewater Improvements BACKGROUND: In 1995, St. Lucie County was petitioned by property owners to create a MSBU to fund water and wastewater improvements provided by Fort Pierce Utilities Authority. On December 19,1995, the Board created the Oleander Business Park MSBU. On July 23, 1996, the Board approved an Interlocal Agreement with FPUA and City of Ft. Pierce establishing each parties responsibilities toward the project. Under this agreement, FPUA agreed to fund the engineering and design costs, contribute $100,000.00 toward construction costs, and to fund the "Extended Service Area" which at the time was estimated at $158,000.00. In 1998, the County obtained an Economic Development Grant to fund the potable water and the wastewater improvements would still be funded through the MSBU. In 2000, the water distribution system was completed. On January 12, 1999, the Board approved the "Amended and Restated" Interlocal Agreement with FPUA to provide that unless the agreement is terminated by mutual written agreement of all parties, it will remain in effect until all of the terms and conditions have been fulfilled. In 1999, it was determined the project cost would be significantly higher. This would result in higher assessment costs and increasing FPUA's contributional amount. In 2001, a business owner who is subject to one-third of the assessment, withdrew their support due to the assessment increase. Since this owner still needed wastewater service, FPUA agreed to construct a force main (less costly than gravity) directly to their property if they would agree to pay FPUA directly and purchase a grinder pump station. On November 20, 2001, FPUA sent letters to all of the MSBU participants informing them that due to higher project costs and lack of support, it was their intent to terminate the MSBU project. The letter further stated that FPUA would be willing to provide a "force main" for those individuals who were still interested in obtaining service, but they would be required to pay FPUA directly and purchase a grinder pump station. Four )the thirty-four property owners responded with interest. """" On December 18, 2001 the FPUA Board voted to rescind the interlocal agreement with the County because they do not feel they could justify the additional expense to the existing rate customers. A copy of the minutes is attached. On December 27,2001, FPUA sent a letter (attached) to the County requesting that the Board also agree to rescind the interlocal agreement. On February 18, 2002, the County also mailed letters to the property owners informing them that on April 2, 2002, the Board will consider rescinding the agreement with FPUA, thereby terminating the project. The letter also requested they provide any comments for the Board's consideration. A copy of the letter is attached. Unless the majority of land owners still support the project, staff feels there is no need to continue. To date, only one property owner has replied, stating their desire to continue with the project. Even though county staff has invested a considerable amount of time on this project, the "out of pocket" expenditures do not exceed $500.00. FPUA has spent over $100,000.00 toward the engineering design, but is not seeking any compensation. RECOMMENDATION: Staff recommends that the Board rescind the Interlocal Agreement unless there is sufficient interest from the land owners to continue with the Project. cc: Finance Director OMB Director '-' ....I February 18, 2002 PUßLlC WORKS EPARTMENT C4Ylplt~ ~ Y(nGuh~d BOARD OF COUNTY COMMISSIONERS ,/ POLLARD, GARY W 6175 S MIRROR LAKE DR UNIT 110 SEBASTIAN, FL 32958 (' Ii RE: Oleander Business Park MSBU - Wastewater Improvements Parcel 10 No. 2428-502-0001-000/8 ê- -:> Dear Property Owner: c In 1995, St. Lucie County was petitioned by property owners to create a municipal services benefit unit to fund water and wastewater improvements in this area. An informal meeting was held with the property owners to discuss the proposed project. A cost estimate was given based upon preliminary estimates prepared by the Fort Pierce Utilities Authority (FPUA) which included their monetary contribution toward the project. It was further explained that until the project could be designed, the costs were only a rough estimate and subject to change. The meeting concluded with the property owners instructing County staff to proceed with the project. On December 19, 1995, the Board of County Commissioners created the Oleander Business Park Municipal Services Benefit Unit to fund a Domestic Water and Wastewater System and authorized the staff to proceed with the engineering design. On July 23, 1996, St. Lucie County, the City of Ft. Pierce and FPUA entered into an Interlocal Agreement establishing each party's responsibilities toward the project. In 1998,an economic development grant was obtained to fund the domestic water system. This left only the wastewater system to be funded through the Oleander Business Park MSBU. Upon completion of the design for the wastewater system, construction bids were received and the cost came in considerably higher than initially proposed. FPUA implemented some design changes to help lower the cost, but the costs still exceeded available funding.. One of the property owners, that would be subject to a high assessment, has withdrawn their support of the project due to the cost issues. The amount of FPUA's contribution will also significantly increase. Without any guaranteed revenues over a projected period or time, they do not feel they can justify the budget expense to their existing rate customers. Due to the lack of support by the aforementioned owner and the additional funding needed, JOHN D. Dr'LJ~P)~~r ~~~s. nD~UeC~\Jrf\~~~~~c~~ot ~~spt~~ ~uLrgp~}~.~~~ti!1~R~NN~i~u9~I~s'6~ ~i~~!~~~S.O~n~~~,,~II DistrICt No 5 Coumy Adminisrroror - Dou;¡iOS M. Anaerson 2JOO Virginia Avenue . F1. Pierce, FL J4982 Public Worl,s: (561) 462-1485 . FAX (561) 462-2J62 Divl;ion of Engineering (561) 462-1707 Fox 462-2362 . Division of r\ood & Orldge: (561) 462-2511 FAX 462-2363 DivIsion of Solid Wosle: (561) 462-1768 FAX 462-6987 Dlvisionofßuilding&lnspecrions (561)462-1553 Fax462-17J5 . TDD (561) 462-1428 '-" """ February 18, 2002 Page 2 of 2 needs wastewater service, FPUA has agreed to provide a less expensive "low pressure" system (forcemain and grinder pumps) to their property. The owner would pay FPUA directly for their proportionate share of the cost. Recently, FPUA sent letters to all of the MSBU district participants asking if anyone else is interested in connecting to a "low pressure" system. Instead of financing the improvements through a MSBU, each individual connecting would pay FPUA directly for their share of the project cost. The County has received a formal request by Fort Pierce Utilities to rescind the Interlocal Agreement since the MSBU has become cost prohibitive and no longer appears viable. A copy of their letter is enclosed for your review. Staff will present their request to the Board of County Commissioners on April 2, ,2002 at 7:00 p.m. or as soon as the matter may be heard in the St. Lucie County Commission Chambers, 2300 Virginia Avenue, Fort Pierce, Florida. Please enter through the north entrance of the Roger Poitras Annex and proceed to the County Commission Chambers located on the third floor. If the Interlocal Agreement is rescinded, the Oleander Business Park MSBU would be dissolved. If you have any comments you want considered by the Board, you can present them to the Board at the meeting or you may provide them in writing prior to the meeting. Since this is your project, it would help the Board to know whether you wish to dissolve the MSBU or continue with the Project. Your input is very important! Meanwhile, if you wish to discuss this issue, please feel free to call me at (561) 462-1707. SincereQ~ ~ca Padrick MSBU Coordinator Enclosure ee: BOCC County Administrator County Attorney Public Works Director County Engineer FPUA Director FORT PIE'Rð: U IlL/TIES AUTHORITY ~ "Commiited to Quality" 206 South Sixth Street (34950) Post Office Box 3191 Fort Pierce, Florida 34948-3191 Phone 561-466-1600 Fax 561-489-0396 December 27,2001 fõ)Œ@Œ_JW~~ WI: ŒC3 ''200~}~i __ r·_ '"".'_ ErH-: ~,-:" ' Mr. Doug Anderson County Administrator 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 Re: Oleander Business Park Sewer MSBU Dear Mr. Anderson: On December 18, the FPUA Board voted to rescind the interlocal agreement signed by FPUA, St. Lucie County and the City of Fort Pierce for the Oleander Business Park sewer MSBU. Copies of the FPUA Board agenda item and meeting minutes are attached. A brief history of the events leading to this decision is contained in the attached agenda item memorandum. The Board action to rescind the interlocal agreement was taken following our meeting with you and Becky Padrick on September 7, 2001, where we discussed the escalating costs of this project and FPUA's shrinking capital budget for wastewater facilities. For the MSBU to move ahead, FPUA would have had to contribute an additional $345,000, over and above the $80,000 already spent on engineering fees. The most recent cost estimates and revenue projections for this project indicate that it would take 22 to 30 years for us to recover our investment on this project, which is not acceptable in the current economic climate. We have mailed a letter to all of the Oleander Business Park MSBU participants asking if they are interested in receiving wastewater service via a pressure sewer system financed by the individual property owners. We will work toward connecting all interested parties to the pressure system in the most economical manner possible. In many cases, the cost of connecting to the pressure system will be lower than the assessments for the gravity sewer MSBU. Fort Pierce Utilities Authority regrets having to take this action, but we have an obligation to our customers to make sound economic decisions. Section 4 of the interlocal agreement states that the agreement can only be "... terminated by the mutual written agreement of all parties," We are requesting that you consult with '-' "WI the County Attorney regarding the format for that written consent and forward the appropriate document to the Board of County Commissioners for their approval. Upon execution by the Chairman of your Board, the document will need to be forwarded to FPUA and the City of Fort Pierce for signatures. . We appreciate your assistance in this matter and assure you that FPUA will continue to support all water and sewer MSBUs that are economically feasible. Sincerely, FORT PIERCE UTILITIES AUTHORITY Elie J. Boudreaux, III, P.E. Director Cc: VS;cky Padrick, MSBU Coordinator Dennis Beach, Fort Pierce City Manager MEMORANDUM é';'~-; Ole.<:.. /z-v BtA". [Jh;: :;~~ .....",¡ H.s ð3 (!_ J 0 GYJ fn. c 1:5 / A-./ v?-1/h. '- REQUESTED BOARD MEETING DATE: DECEMBER 18,2001 TYPE MEETING: X Regular Special _ Workshop TYPE AGENDA: X Regular Consent ISSUEIITEM DESCRIPTION OR SUBJECT: Dissolution of the Oleander Business Park Sewer MSBU RECOMMENDATION: Vote to rescind the interlocal agreement for Oleander Business Park MSBU. Funds Available From: _O&M _Capital_Other No fundinq required Budgeted Non-Budgeted VERIFIED: Director of Corporate Services ACCOUNT NUMBER: REVIEWED BY ATTORNEY: X YES NO Comments: SUBMITTED By: Æ. :·jA/i j//-"f'-.-) '-" """ MEMORANDUM To: DIRECTOR OF UTILITIES f)) THROUGH: DIRECTOR OF WATERlWASTEWATERiGAS OPERATIONS SUPERVISING ENGINEER ~ 47- FROM: DATE: DECEMBER 18,2001 SUBJECT: DISSOLUTION OF THE OLEANDER BUSINESS PARK MSBU RECOMMENDATION: Vote to rescind the interlocal agreement for Oleander Business Park MSBU. SUMMARy/SUPPORTING INFORMATION: A Municipal Services Benefit Unit (MSBU) for FPUA water and sewer service to Oleander Business Park was initially pursued in early 1995. The MSBU was formally created on December 19, 1995 with the Initial Public Hearing. At that time, the MSBU consisted of 34 lots on 70 acres. The total project cost for water and sewer was estimated at $587,600 and FPUA's total contribution was estimated to be $257,600. On July 9, 1996, the first interlocal agreement for the Oleander Business Park MSBU was approved by the FPUA Board. An amended interlocal agreement was approved at the July 23, 1996 Board meeting. By this time, the total project cost for water, sewer and gas had risen to $1,305,000 and FPUA's share had increased to $864,000. These increases were due to oversizing the system for future growth, increasing the "extended service area", escalating construction costs and including FPUA-funded gas construction costs. There was some discussion at this Board meeting about forming a "Contribution in Aid of Construction Program" to recoup some of the FPUA-funded construction costs over a 10-year period. Several months later on February 11, 1998, the Community Development Block Grant (CDBG) process was initiated to obtain funding for the water distribution system. The water system was pursued as a separate project and $480,000 in CDBG funds were allocated to project. This project has been completed and the final FPUA contribution to the water distribution system was about $300,000. From the time that the CDBG project for constructing the water system originated, the sewer MSBU project was pursued on a separate track. The sewer plan was revised several times to reduce costs or because of changes to the MSBU boundary. An "Amended and Restated Interlocal Agreement" for the Oleander Business Park Sewer MSBU was approved by the FPUA Board at the December 15, 2000 Board '-" ......1 MEMORANDUM Sewer MSBU was approved by the FPUA Board at the December 15, 2000 Board meeting. This agreement, dated January 12, 1999, stipulated that FPUA would contribute $100,000 to construction costs, pay the full assessments for all parcels in the "Extended Service Area", and pay all engineering costs. Bids for the gravity sewer project were opened on May 10, 2000 and all bids were rejected. A price to complete this project was then solicited from FPUA's unit price contractor, Melvin Bush Construction, Inc. The most recent total parcel assessment for the gravity sewer MSBU project based on Bush's prices is $1,088,084. According to the January 12, 1999 Interlocal Agreement, FPUA's portion of this assessment would be approximately $345,000. This includes the $100,000 contribution to MSBU construction costs and $245,000 for the "Extended Service Area" assessments. It does not include the approximately $80,000 that FPUA has already contributed toward engineering fees for the sewer project. Because of escalating costs for this project and the unwillingness of parcel owners in the "Extended Service Area" to contribute any funds toward sewer service to their parcels, FPUA staff was forced to re-evaluate this project. Staff prepared an estimate of sewer revenues and impact fees collected, based on the number of customers expected to connect over time and their estimated sewer bills. This projection indicated that it would take 22 years for FPUA to recoup the MSBU investment, not counting interest lost on FPUA funds invested in the project. If the total cost including lost interest is considered, the payback period would be in excess of 30 years. It was decided by FPUA staff that a long-term investment of this magnitude would not be in the best interest of FPUA or it's customers. This position was stated in a meeting on September 7, 2001 between the FPUA Director, Engineering Staff, the County Administrator, and the County MSBU Coordinator. After that meeting, the County asked if FPUA would participate in a lower cost sewer MSBU using grinder pumps and low-pressure force mains. County Staff indicated that the $100,000 FPUA contribution would be necessary to make this option affordable to the MSBU participants. An an-alysis of potential connections and sewer revenues and impact fees for this option was performed by staff and it was determined that it would take approximately nine years to break even, without considering interest lost on invested FPUA funds. If lost interest is considered, the payback period would be in excess of 13 years. Staff indicated to the County that they were not in favor of investing an additional $100,000 in the pressure sewer system with a long-term payback. The recent sewer rate increases were intended to fund capital projects, but this type of expenditure with an extended payback period does not seem to be justified. In consideration of the history summarized above, Staff recommends rescinding the January 12, 1999 I nterloca I Agreement with S1. Lucie County for the Oleander Business Park Sewer MSBU and look at other methods of providing sewer service to this area. Staff has prepared an estimate for a grinder pump system to serve Freedom Plastics and is working with the County on contacting parcel owners within the MSBU area to see if they are interested in connecting to a low pressure (grinder 2 '--' ....¡ MEMORANDUM pump) sewer system. If the sewer MSBU is abandoned, all connections to a pressure sewer system in this area would be paid for by the customers. ALTERNATIVES 1. Do not rescind the January 12, 1999 Interlocal Agreement and move forward with the Oleander Business Park gravity sewer MSBU. This would require an additional FPUA contribution of $345,000 toward construction. Based on estimated sewer impact fees and revenues, it would take 22 years to recoup this : . investment with "zero interest" on funds expended. 2. Rescind the January 12, 1999 Interlocal Agreement and direct Staff to prepare necessary documents to move forward with a pressure sewer MSBU. This would require a $100,000 contribution from FPUA to be affordable to the MSBU participants. Based on estimated sewer impact fees and revenues, it would take 9 years to recoup this investment with "zero interest" on funds expended. 3 .' ~ '.....I MINUTES OF A REGl ,R MEETING OF THE FORT Plb"CE UTILITIES AUTHORITY TUESDAY, DECEMBER 18, 2001, 4:00 P.M., BOARD ROOM. ' Members Present: Chairman, Louis I. Haynes III; Vice Chairman, Cleon Middleton; Secretary, Thomas D. Siplin; Deputy Secretary, Gloria Grimyser; Mayor Edward G. Enns. Others Present: Director of Utilities; Director of Corporate Services; Director of Administration; Director of Human Resources; Director of Electric Systems; Internal Auditor/Risk Manager; UA Attorney; Purchasing Director. Chairman Haynes called the meeting to order. The Invocation was given by Debra Thompson of Renewed Hope Fellowship. The roll was called and a quorum declared. Mr. Varella presented the GFOA Certificate of Achievement for Excellence in Financial Reporting for last fisca: year. There are between 85,000 and 90,000 different government entities in the United States, of which less than 2,000 receive this award. On the Consent Agenda, today, is the Fitch IBCA, Duff and Phelps affirmation of our credit rating. Part of that is due to our good financial reporting and budgeting. This has a positive affect on the amount of money we can borrow, as well as keeping the interest rate low. This is a TeamUA award due to the entire company. Mr. Haynes congratulated Mr. Varella and his staff. Mr. Varella thanked Nina Hurtubise and Nancy McConkey, who put in a lot of effort on this report and the presentation of the financial statement. Approval of the Minutes of the last regular meeting was pulled form the Consent Agenda, because all Board Members were not present at the meeting. Also pulled were bids 5195 and 5197 for later consideration. Motion by Mr. Siplin. seconded bv Mavor Enns and unanimouslv carried that the following items were approved as listed on the Consent Aqenda: 2. Approve Purchased Gas Adjustment for the period of 1/1/02 - 1/31/02 for firm service at -$0.0846/CCF. 3. Fitch IBCA, Duff & Phelps - Affirmation of Credit Rating on FPUA - for informational purposes. 6. Bid 5211: Approval to piggyback the City of Fort Myers bid for purchase of hydrogen sulfide control services with Vulcan Performance Chemicals in an amount not to exceed $28,500. Motion by Mr. Siplin. seconded by Mayor Enns and unanimously carried that the Minutes of the Reqular Meetinq of December 4, 2001 be approved with Mr. Siplin. Mavor Enns and Mr. Middleton votinq yes and Mrs. Grimyser and Mr. Havnes votinq "present." The following letter of appreciation was noted: Dece;"ber 18, 2~ Page - 2 -."",I 1. A letter was received from Steven J. Doyle praising the response time and efficient manner in which Chuck Wallace, Operations Foreman of the WaterlWastewater Operations Department, handled a report of a possible water main break. Mr. Boudreaux presented a request to rescind an Interlocal Agreement with St. Lucie County for the Oleander Business Park MSBU. This is an issue of longstanding. We participated in an MSBU for a water system within this business park a couple of years ago, and it was successful. For the last couple of years we've been trying to get a wastewater service MSBIJ in process in the same area. The project is a lot more expensive than it started out to be. There is a lot less interest now in the Oleander Business Park for sewer service. We have met with County officials. Our Engineering Department has been in touch with the businesses in that area that are interested in sewer service, and we have worked out a plan whereby a low pressure sewer system can be installed, which will take care of the businesses that need and want the service for a fraction of the cost of a gravity system. Most of the cost of the low pressure sewer system will be born by the customers. It is less than they would have had to pay under the MSBU. We did enter in to an interlocal agreement with the County to do this. Now we want to rescind that agreement and move ahead with the low pressure sewer system. Motion by Mr. Siplin, seconded by Mayor Enns and unanimously carried to approve rescindinq the Interlocal Aqreement with S1. Lucie County for the Oleander Business Park MSBU for wastewater service. Mr. Boudreaux advised the Board that every three years we go out for requests for proposals for continuing consultants, and the time has come and gone for which we should have put out requests for proposals for new water/wastewater engineering continuing contracts. We are asking the Board to extend the contracts with the six existing companies for six months in order to give us time to get a proposal on the street, review it, and make a selection for Board approval. Mr. Haynes asked if we are interested in continuing the contracts for all six of these firms. Mr. Boudreaux said yes. All of the firms listed have performed satisfactorily. . Motion by Mr. Middleton. seconded by Mr. Siplin and unanimously carried that the extension of six waster/wastewater/qas continuinq consultinq enqineerinq contracts be extended for six months. Mr. Boudreaux stated he has very little to report in the way of progress on the F1. Pierce Repowering Project. The City Commission was going to take up the issues last night of rezoning and site plan approval that were held over from a meeting about a month ago. We decided to request that those items be pulled from the agenda, because we were concerned that we didn't have the votes to get it approved. There is some indication we might have a better chance with the new Commission next year. Mr. David Mellert presented a request for approval of a Specific Authorization with CH2M Hill for engineering services during construction of the injection well at the RIO Plant. It does FORT PIERtE U"',LITIES AUTHORI ill 'Committed to Quality" "-' 206 South Sixth Street (34950) Post Office Box 3191 Fort Pierce, Florida 34948-3191 . : IÐ ~I ~ @ ENGINEERING Phone 561-466-1600 Fax 561-489-0396 November 20,2001 Mr. Gary W. Pollard 6175 S. Mirror Lake Drive - Unit 110 Sebastian, FL 32958 THIS FORM LETIER WAS SENT TO ALL PROPERTY OWNERS ON THE ATIACHED SHEET. Re: Oleander Business Park Sewer Improvements Dear Mr. Pollard: Over the past several months, the Fort Pierce Utilities Authority and St. Lucie County had been pursuing finalization of the Oleander Business Park Sewer Municipal Services Benefit Unit (MSBU). However, due to many unforeseen delays and the continuous rise in construction costs, the interest in constructing the project as a gravity sewer collection system has substantially decreased. Upon re-evaluating the project last September, the County and Fort Pierce Utilities Authority (FPUA) concluded that the sewer MSBU project no longer has the level of participation necessary to move forward to the assessment and construction phase. On NOv5Ff1t3or 20p2001, the FPUA Board voted to rescind the Oleander Business Park MSBU In~cal Apreement with the County. That action officially ended the MSBU project. \ "d.h ct} 0 In response to requests for sewer service from individual businesses in the Oleander Business Park, FPUA is designing a conceptual pressure sewer system to serve interested parties. With this type of system, each business connecting to the system would purchase and install a small grinder pump station, and pay for a share of the force main. Participation would be contingent on paying the force main cost to FPUA in advance of construction. The force main would be located along Enterprise Road, DiGiorgio Road, and Oleander Avenue within St. Lucie County right-of-way. The limits of the force main to be constructed would be dependent on th~ level of participation. The table on the following page shows the approximate costs that would be incurred by a typical small business. Connection includes, a grinder pump station and all related items, a private force main to the FPUA trunk main, your proportionate share of the trunk main, and any FPUA Capital Improvement Charges. ESTIMATED CONNECTION COST FOR A SMALL BUSINESS 1. Grinder Pump Station 2. Private Force Main 3. Trunk Main (includes all permit fees) 4. Contingency 5. Permit Fees (per parcel) Florida Dept. of Environmental Protection 6. Capita/Improvement Charge per ERC Total Estimated Cost (one ERG) $20,000 $2,000 $2,500 $1,000 $250 $1,222 $26,972 ,....,.. Page 2 '-" Oleander Business J-u.k Sewer Improvements .....; This cost analysis is an estimate for a typical small commercial connection within the Oleander Business Park. Larger businesses may incur higher cost than the above estimate because actual water usage per day affects the size of the pump station, the proportionate share of the trunk main, and the Capital Improvement Charges. The trunk main cost per participant may also increase if there are few participants. If you an¡ interested in a firm estimate for your parcel or business, please call our office at 561-466- 1600 and talk to Jeremiah Johnson (Extension 3480) or Danny Retherford (Extension 3467). We will need a letter of interest from you by December 20 so that design and permitting of the force main can be completed. The deadline for paying force main assessments will be February 1, 2002. Only businesses that have paid their force main assessments by that date will be included in the project. Should you choose not to connect at this time, it may prove to be more expensive to connect at a later date, depending on the location of the force main relative to your property. We look forward to working with you and the rest of the Oleander Business Park Owners to complete this project in the most efficient and economical manor possible. If you have any questions about this project, please contact Jeremiah Johnson or Danny Retherford at the above number and extensions. Sincerely, FORT PIERCE UTILITIES AUTHORITY ~~4~ William G. Thiess, P.E. Supervising Engineer WaterlWastewater/Gas Engineering CC: Vaughan C. Weaver, P.E., Director of WIWW/NG Systems Rebecca Padrick, St. Lucie County MSBU Coordinator ·~ \.i ~ ~ ~ .;; ~ ~ ~ ~ ~, " "" "'~ '-J ~ "\ ~ ,,,,,.,, "" --.' ~. - '-' * ..J ~ -~, (' (1 /. all '- ,j 11 f . 1 .....; /L ","JeÞf/ j ~ 0 AMENDED AND RE-STATED INTERLOCAL AGREEMENT OLEANDER BUSINESS PARK MSBU THIS AMENDED AND RE-STATED AGREEMENT is made and entered into this /dJ:!u day of ~, 19¡9..' by and between St. Lucie (J County, a political sul>di vision of the State of Florida (the "County"), the Fort Pierce Utilities Authority, an authority created and established by the City Commission of the City of Fort Pierce, Florida, ("FPUA") and the City of Fort Pierce, a municipality organized under the laws of the State of Florida (the "City") . WHEREAS, FPUA is the governing body authorized to enter into I agreements relating to providing service from the water and sewer supply of the City; and WHEREAS, the County has created the Oleander Business Park municipal services benefit unit (the "Oleander Business Park MSBU") as shown on the attached map (Exhibit "A") to fund the cost of providing sanitary sewer and potable water service to properties within the Oleander Business Park MSBU in unincorporated St. Lucie County; and. WHEREAS, on July 23, 1996, the parties entered into an Interlocal Agreement to cooperate in providing sanitary sewer and potable water service to the Oleander Business Park MSBU; and U~ J (tŒ JJL[, Int ; ....'¡ ¡tj I Ii ~. . . J i I ; ; FEB - 89» ¡ L::J! ! ì -1- j ", ...-.. '-' -..J . WHEREAS, the term of the Interlocal Agreement has expired prior to the completion of all of ' its terms and conditions and it is necessary to amend and re-state the Interlocal Agreement to provide that unless the agreement is terminated by the mutual written agreement of all parties it will remain in effect until all of its terms and condition have been fulfilled; and WHEREAS, the County intends to apply for a Florida Small Cities Community Development Block Grant - Economic Development Category (the "Grant") to fund the cost of providing water to a portion of the Oleander Business Park MSBU; and WHEREAS, one of the conditions of the Grant is that the Property remain under the jurisdiction of the County throughout the term of the Grant, and as may be amended, and therefore, on April 21, 1998, the parties entered in to an Interlocal Agreement whereby the Ci ty agreed not to annex the property wi thin the Oleander Business Park MSBU during the term of the Grant and it is necessary, therefore, to incorporate that agreement into this Amended and Re-Stated Interlocal Agreement. NOW, THEREFORE, FPUA, the City, and the County hereby agree and covenant on the terms and conditions hereinafter stated: 1. GENERAL. This Agreement is entered into pursuant to Section 163.01, Florida Statutes, the Florida Interlocal Cooperation Act. This Agreement embodies the whole understanding 9f the parties. There are no promises, terms, conditions, or obligations other than those contained therein, and this Agreement shall supersede all previous telecommunications, representations, or agreements, either verbal or written, between the parties hereto. -2- "". ...., .2. FPUA RESPONSIBILITIES. this Agreement are as follows: FPUA's responsibilities under A. FPUA shall design and install or cause to be designed and installed a system including all pipes, services, mains and appurtenances thereto (the "System") necessary to provide sanitary sewer and potable water to properties within the Oleander Business Park MSBU. The design and installation of the System shall be done in accordance with all applicable, standard FPUA policies and procedures. The County reserves the right to review and approve the utilities plans and bid documents before inclusion in the bid package. B. If easements are required, FPUA shall attempt to obtain all necessary easements for installation and maintenance of the System. FPUA shall not be required, however, to condemn any such easements or expend funds for acquisition of same. If appropriate easements satisfactory to FPUA are not obtained, FPUA shall have no further obligation under this Agreement. C. FPUA shall administer a proj ect to install the System to include but not limited to awarding the contract for design, construction, inspection during construction, shop drawing approvals, change order approvals, project certification, and production of record drawings. D. Upon completion of the System and acceptance of ownership of the System by FPUA, FPUA shall be responsible for the operation and maintenance of the System. E. Prior to the second public hearing to be held by the St. Lucie County Board of County Commissioners pursuant to Section 1-13.5-7 of the St. Lucie County Code of Ordinance to adopt a preliminary assessment roll for the Oleander Business Park MSBU, FPUA shall provide an itemized final estimated cost (the "Final Estimated Cost") for the installation of the System to the County. The Final Estimated Cost shall include the cost of testing, permits, surveying, legal, design, construction, contingencies allowance, construction administration, certification, record drawings, and acquisition of easements for the installation of the System and shall be subject to the approval of the County. Any unexpected costs incurred during the construction and installation of the System beyond the Final Estimated Cost shall be the responsibility ~FPUA. -3- """-.,:(,;' t .~ , . \.i' --- F. If the County does not levy a special non-ad valorem assessment as described below, FPUA shall be responsible for the cost of all design or other work done by FPUA related to the System. The County shall use its best efforts to notify FPUA as soon as possible of any decision not to levy an assessment. Project: G. FPUA shall make the following contributions to the 1) One hundred thousand and no/lOa dollars ($100,000.00) toward the construction cost of the Project. 2) Waive its customary 10% J:.ugineering and Construction Fee. 3) Pay the proportionate share of the cost of the Project attributable to those properties which are outside of the boundaries of the Oleander Business Park MSBU, but which will benefit from the Project. Those properties are described as the "Extended Service" area on the map of the Oleander Business Park MSBU (Exhibit "A"). The above contributions shall be described herein as FPUA's "Contributed Share". 3. COUNTY RESPONSIBILITIES. In the event the County determines at a public hearing to create a MSBU and to levy a non- ad valorem special assessment, the County's responsibilities under this Agreement are as follows: A. The Board of County Commissioners of St. Lucie County, Florida shall act as the governing body of the Oleander Business Park MSBU and shall levy a non-ad valorem special assessment (the "Assessment") on the landowners within the limits of the MSBU to fund the cost of the installation of the System as required for connection to the FPUA water and sewer system. B. The County shall pay to FPUA an amount not to -exceed the Final Estimated Cost for the installation of the System, less FPUA's Contributed Share. All other applicable fees and charges for connect,ion to the FPUA water and sewer system will be the responsibility of the landowners. Payment by the County to FPUA shall be within 30 working days after the County has obtained funds from the issuance of bonds to finance the project and after the approval of the costs by the St. Lucie County Director of Engineering or his designee. -4- ~ i ¡ .....J < C. Upon the request of FPUA, the County's PrODerty Acquisition Division shall provide staff assistance to FPUA fo~ the acquisition of easements necessary for the installation and maintenance of the System. 4. TERMINATION. Unless terminated by the mutual written agreement of all parties, this agreement shall remain in full force and effect until all of its terms and conditions have been fulfilled. 5. NOTICE OF CITY ANNEXATION REQUIREMENT; AGREEMENT NOT TO ANNEX. The following notice is required by the City and should not be construed in any way as an endorsement of the City's annexation policies by the County. As a condition precedent for connection to the FPUA water and sewer system, FPUA requires all users to sign an annexation agreement whereby the user consents to and requests that his or her property be annexed into the city limits of Fort Pierce whenever such annexation may legally occur and that the FPUA will refuse to allow connection to its water and sewer system unless and until the referenced annexation agreement is signed. This annexation agreement shall be in the form utilized by FPUA, shall be irrevocable and shall be binding on the heirs, successors and assigns of all such users. The City agrees that it will not annex the property within the Oleander Business Park MSBU (Exhibit "A") into the jurisdiction of the City during the term of the Grant including any amendment of the Grant term duly approved by the Florida Department of Community Affairs ("DCA"). The term of the Grant is expected to be two years or until administrative close out is approved by DCA which ever occurs earlier but in no event shall the Grant term be longer than five years. 6. CONSENT TO COUNTY MSBU UPON ANNEXATION. The parties acknowledge that if the Oleander Business Park MSBU is annexed into the City this will result in the existence of a st. Lucie County Municipal Services Benefit Unit within the jurisdictional boundary of the City. Accordingly, the City agrees that if it -intends to annex Oleander Business Park MSBU into the City, it will include within the appropriate annexation ordinance a statement "that the City consents to the existence of the Oleander Business Park Municipal Services Benefit Unit within the boundaries of the City pursuant to the provisions of Section 125.01(q), Florida Statutes or other applicable law. -5- '-' ...., .7. VALIDATION OF BOND AND ASSESSMENT ROLL. A condition precedent to the effectiveness of this Agreement is the entry of a Final Judgment (and the expirat'ion of the appropriate appeal period) by a court of competent jurisdiction validating the issuance of bonds to finance the System along with the assessment roll adopted by the Board (the "Bond Validation Proceeding"). In the event that either a Final Judgment validating the bonds and assessment roll is not entered or an appellate court reverses the Final Judgment, the Agreement shall automatically terminate and the parties shall have no further responsibilities under the Agreement including but not limited to any payments due to FPUA by the I County. Notwithstanding the foregoing, if,either a Final Judgment validating the bonds and assessment roll is not entered or an appellate court reverses the Final Judgment, the County reserves the right to be reimbursed by FPUA for all outside counsel legal fees and costs incurred by the County in the Bond Validation Proceeding as well as in any related appeal. The County agrees to consult with FPUA concerning the expenditure of money for outside bond counsel services related to the Bond Validation Proceeding and further agrees that such expenditure shall not exceed five thousand and no/100 dollars ($5000.00) without the express written consent of FPUA. The County's right to reimbursement shall survive the termination of this Agreement as described in this paragraph. 8. NOTICE. All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed as follows: If to County: With a copy to: St. Lucie County Administrator 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 St. Lucie County Attorney 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 With a copy to: St. Lucie County Public Works Director 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 If to FPUA: With a copy to: Dir8ctor of Utilities Fort Pierce Utilities Authority P.o. Box 3191 Fort Pierce, Florida 34948 FPUA Attorney P. O. Box 3191 Fort Pierce, Florida 34948 -6- "". "'" If t,o the Ci ty: City Manager City of Fort Pierce 100 North U.S. One Fort Pierce, Florida 34950 With a copy to: Fort Pierce City Attorney P. O. Box 3779 Fort Pierce, Florida 33448 9. ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreement between the parties with respect hereto. This Agreement may only be . amended by a written document, properly authorized. p.xecuted and I delivered by the parties hereto. This Agreement shall be interpreted as a whole unit. All interpretations shall be governed by the laws of the State of Florida. 10. FILING. This Agreement and any subsequent amendments thereto shall be filed with the Clerk of the Circuit Court of St. Lucie County pursuant to Section 163.01(11), Florida Statutes. (THE NEXT PAGE IS THE SIGNATURE PAGE) -7- - t-. . IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials. BOARD OF COUNTY COMMISSJONERS ST. !þCI~ CO~~TY' FL<?R~~~::..,.'.. BY: )/d/{ tIA) (/{'/ ' ~. CHAr ,_. . .\., ,,,':I .:_ .',' ,';.' .. .J,; . ~,,~~'f ./ ..iIi' . 1..'/"/' / . ..' , ¡,'~:";,,- . . ~. .' / '. )'-.... . ~·\.:'4'..'J/:,~ ;-:::". ", :::: . ;', .~:: ~-- " /; APPROVED AS TO FORM AND CORRECTNESS: ¡',:. ~/1 14~ Attorney for FPUA ., . , ,.;~ ATTEST:' ' ' .f, ..,:" .' 0~'~~.(~, :: City Clerk,f., BY: . "., +- APPROVED AS TO FORM AND CORRECTNESS: '..iA"-l. 'í' ~H""t II City Attorney -8- 03/29/02 F7.ABWARR FUND 001 001139 001140 001143 001265 001269 001271 001277 001809 101 101002 101003 101006 102 102001 102104 105 107 107001 107002 107003 120 122 139 140 140313 140800 160 183 183001 183004 185002 204 310002 316001 370001 382 396 401 418 421 441 448 449 11"1 ~ ST. LUCIE COUNTY - BOARD ...I PAGE 1 WARRANT LIST #26- 23-MAR-2002 TO 29-MAR-2002 FUND SUMMARY TITLE General Fund FHA Transportation for 21st Century Section 112/MPO/FHWA FY01/02 Health & Human Srvcs CSBG FY01/02 TDC Planning Grant FY01/02 FDEP-Urban Mobile Lab Grant 01/02 DHR-Historical Museum Grant-In-Aid Community Food and Nutrition Grant 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 River Park I Fund River Park II Fund The Grove Fund Indian River Estates Fund Palm Grove Fund Port & Airport Fund Airport Master Plan Update FDOT IRL Taylor Creek Restoration SFWMD Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court SHIP Housing Assistance FY 01/02 Communication System I&S Fund Impact Fees-Parks Transportation Capital Academy Drive MSBU 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 NHI Util - Capital Facilities Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund EXPENSES 340,296.00 35.90 776.84 435.14 50.93 90.95 112.81 9,999.74 90.94 40,235.69 2,264.50 1,811.48 80,232.94 8,572.66 20,858.12 93.82 1,173.83 228,498.96 123.43 1,665.46 7,548.90 2,584.95 517.00 153.14 862.61 664.44 4,618.74 34,522.13 896.00 716.42 999.70 203.07 219.92 2,727.32 701,923.75 31,741. 50 50,076.54 13,023.83 2,750.00 8,939.50 18,720.85 27,113.68 465.19 282.24- 786.37 7,399.77 851.15 907.82 PAYROLL 424,361.54 469.26 4,141.70 1,204.52 665.81 1,188.80 1,364.80 0.00 1,188.80 102,672.43 0.00 0.00 0.00 46,086.98 4,132.02 1,226.40 2,183.21 68,073.81 829.15 21,770.16 0.00 0.00 0.00 0.00 0.00 0.00 9,628.23 0.00 0.00 2,364.01 4,496.72 1,115.38 2,874.62 1,413.38 0.00 0.00 0.00 0.00 0.00 0.00 34,568.92 19,596.43 1,750.22 29,832.41 13,501. 96 8,304.26 10,669.17 15,468.83 03/29/02 F'7.A.BWARR FUND 461 471 478 479 491 505 505001 611 620 625 \.of ST. LUCIE COUNTY - BOARD ...., PAGE 2 WARRANT LIST #26- 23-MAR-2002 TO 29-MAR-2002 FUND SUMMARY TITLE 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 Enforcement Trust Fund Law Library GRAND TOTAL: EXPENSES 15,521.86 1,375.48- 399.29 180.08 8,345.28 667.32 585.74 801.40 61,848.85 4,823.68 1,750,870.21 PAYROLL 13,843.51 33,806.42 6,358.15 3,153.06 22,871.97 2,745.86 1,760.03 5,566.31 0.00 0.00 927,249.24 ~ ...,¡ 03/29/02 ST. LUCIE COUNTY - BOARD PAGE 1 F7.ABWARR VOID LIST# 26- 23-MAR-2002 TO 29-MAR-2002 10 udD : 001 - General Fund CHECK INVOICE VENDOR TOTAL 00282965 I2214953 Toshiba Business Solutions 12214955 I2214959 CHECK TOTAL: 75.00 13 7.90 75.00 287.90 FUND TOTAL: 287.90 ~ ,.."", 03/29/02 ST. LUCIE COUNTY - BOARD PAGE 2 VOID LIST# 26- 23-MAR-2002 TO 29-MAR-2002 - Transportation Trust Fund F7.ABWARR r ul\ID : 1 0 1 CHECK INVOICE VENDOR TOTAL 00282965 I2214927 Toshiba Business Solutions I2214929 I2214931 I2214932 I2214932 I2214958 CHECK TOTAL: 297.49 139.89 228.74 56.59 139.92 122.08 984.71 FUND TOTAL: 984.71 ~ "wi 03/29/02 ST. LUCIE COUNTY - BOARD PAGE 3 F'7.;1U3WARR VOID LIST# 26- 23-MAR-2002 TO 29-MAR-2002 ¡. ul@: 102 - Unincorporated Services Fund CHECK 00282965 INVOICE VENDOR I2214928 Toshiba Business Solutions FUND TOTAL: TOTAL 183.17 183.17 ~ ..",¡ 03/29/02 ST. LUCIE COUNTY - BOARD PAGE 4 F'7Z1J3WARR VOID LIST# 26- 23-MAR-2002 TO 29-MAR-2002 F·uND: 107 - Fine & Forfeiture Fund CHECK INVOICE VENDOR TOTAL 00282467 12214421 AA Fire Equipment Inc 31.75 00282965 12214922 Toshiba Business Solutions 17.25 12214923 173.31 12215126 115.21 12215127 110.00 CHECK TOTAL: 415.77 FUND TOTAL: 447.52 \w .-wI 03/29/02 ST. LUCIE COUNTY - BOARD F7.~WARR VOID LIST# 26- 23-MAR-2002 TO 29-MAR-2002 F"ul'ID: 491 - Bui lding Code Fund CHECK INVOICE VENDOR 00282965 I2214960 Toshiba Business Solutions PAGE 5 FUND TOTAL: TOTAL 323.11 323.11 '-' ....., 03/29/02 ST. LUCIE COUNTY - BOARD F7.ABWARR VOID LIST# 26- 23-MAR-2002 TO 29-MAR-2002 ~UL~: 611 - Tourist Development Trust-Adv Fund CHECK INVOICE VENDOR 00282965 I2214957 Toshiba Business Solutions PAGE E FUND TOTAL: TOTAL 137.90 137.90 I: lit. ~ AGENDA REQUEST .., ITEM NO. C-,14 DATE: April 2, 2002 TO: BOARD OF COUNTY COMMISSIONERS REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x ] PRESENTED BY: SUBMITTED BY(DEPT): PUBLIC WORKS 4117 SUBJECT: Request for Board approval to advertise the intent of the South Florida Water Management District (SFWMD) to grant a permit exemption to St. Lucie County for adding a two foot wide paved shoulder on each side of Orange Avenue, between Kings Highway and the St. Lucie County/Okeechobee County land. BACKGROUND: On February 20, 2002, staff requested that SFWMD exempt Orange Avenue project improvements from permitting. On March 22, 2002, the SFWMD advised staff that the Orange Avenue project qualifies for an exemption. FUNDS AVAIL.: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board approve the request to advertise the SFWMD permit exemption for the Orange Avenue project. ~] APPROVED [ ] OTHER: [ ] DENIED COMMISSION ACTION: [ ¡County Attorney [x]Originating Dept. Public Works ,t..tr ~ Coordi nation/Sig natures [ ]Mgt. & Budget []Co.Eng ~, ( [ ]Purchasing []Other [ ]Finance (check for copy only, if applicable) ~ -...I SOUTH FLORIDA WATER MANAGEMENT DISTRICT PUBLIC NOTICE OF APPLICATION Notice is hereby given that pursuant to Chapter 373, Florida Statutes, the following application(s) for permit has been received for a project(s) in St. Lucie County: St. Lucie County proposes a project to add a two foot wide paved shoulder on each side of Orange A venue (SR 68) between Kings Highway and the St. Lucie County/Okeechobee County line, and has requested a permit exemption from the South Florida Water Management District. The South Florida Water Management District has determined that the project will have only minimal or insignificant individual or cumulative impacts on the water resources of the District and qualifies for a permit exemption pursuant to subsection 373.406(6), Florida Statutes. Interested persons may comment upon the application or submit a written request for a copy of the staff report containing proposed agency action regarding the application by writing to the South Florida Water Management District, Attention: Environmental Resource Regulation, P. O. Box 24680, West Palm Beach, FL 33416-4680, but such comments orrequests must be received by 5:00 PM within 21 days from the date of publication. No further public notice will be provided regarding this application. A copy of the staff report must be requested in order to remain advised of further proceedings. Substantially affected persons are entitled to request an administrative hearing regarding the proposed agency action by submitting a written request therefor after reviewing the staff report. PUBLISH: April 11, 2002 Fort Pierce News Tribune 600 Edwards Road Fort Pierce, FL 34954 ~ ....", February 20, 2002 PUBLIC WORKS DIRECTOR BOARD OF COUNTY COMMISSIONERS Roy Wozny, P.E. Hugo Carter South Florida Water Management District 210 Atlantic Avenue Stuart, FL. 34994 Dear Mr. Carter: St. Lucie County is experiencing a significant safety problem with the road edge on both sides of Orange Avenue (SR68) between Kings Highway and the St. Lucie/Okeechobee County Line (approximately 17 miles). The lane width on this road is 10 feet and is heavily used by high speed agricultural trucks. The tires of these trucks are causing a deterioration of the road edge, while creating a drop off which is dangerous to traffic. During the last several years we have lost ground in our efforts to maintain the road edge. Both millings and shell rock are being used to fill the areas which have been undermined, but we are unable to keep up with the deterioration. Funding for the reconstruction of Orange Avenue is not anticipated within the next 5 years. We are requesting that the South Florida Water Management District allow St. Lucie County to construct a 2 foot paved shoulder on each side of Orange Avenue between Kings Highway and Okeechobee County with an exemption from the normal permitting process. With a South Florida Water Management District exemption, St. Lucie County can take immediate action to eliminate the critical safety problem that exists along Orange Avenue. Attached is a typical section of the proposed 2 foot paved addition to Orange Avenue. It should be noted that the existing road shoulder is hard packed and practically impervious in its current state. Other road shoulder improvements are not planned. JOHN D. ßRUHN, District No 1 . DOUG COWARD, District NO.2· PAULA A. LEWIS, District No. J . FRANNiE HUTCHINSON, District No, 4 . CLIFF ßARNE5, District NO.5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue · Ft. Pierce, FL 34982 Public Worl~5; (561) 462-1485 · FAX (561) 462-2362 Division of Engineering (561) 462-1707 Fox 462-2362 . Division of P.ood & ßridge; (561) 462-2511 FAX 462-2363 Division of Solid Wosre; (561) 462-1768 FAX 462-6987 Division of ßuilding & Inspections; (561) 462-1553 Fox 462-1735 . TDD (561) 462-1428 ~ .., Thank you for your consideration of our request for a permit exemption for this very important roadway safety improvement project. Please call me at (561) 462- 1485 if you have any questions. Sincerely, c: BOCC County Attorney St. Lucie County Administrator Assistant Public Works Director County Engineer .... D:\Drawings\0207-1.dwg, 021201200205:28:39 PM, SlCPWD - Engr. Div. - DSA "'U JJ o c.... m o -f r o o :!:i - o z 0 :D » Z G) m » < m c Z m :D 0 » 0 m 0 G) m "'U :D 0 c.... m 0 --I z -i (j) ~ (/)-1 ~ z T CJl REV IS ....... ....,.,., . .--Í-.:...-. OKEECHOBEE COUNTY LINE - ~ __ ,""_ ___ .n_ '_', ___ _ _ _ _ _.. .._.~. _ _ __.___. .__ _ ~ __ _... _ __. _ __ SAINT LUCIE COUNTY LINE -L ....... o ~ Z G) m ~ m c z m š: r m .»..~_.",;;.::2::_.",.~::;:~:;:~.._._.....f.!) ~n~~""_~ Snud Rd I en . ::IJ ¡ I·.~ /- '" c ~ II> ::!' '" ~ 0') ex> ~ '" .. ø .. ~ Heo.der Co.no.l Rd ShInn Roo.a ¡u··, 11:- f~' I,; ." ø , X" . ø ~ @, ~..... BrockS:MI~~.....~_____.__ M~£Rd \ '. 17m~ " ...0 11 Mil.,,/" Rd ·ry·····_\ ! ~fA '\ ~r \. \(1$" n. " j-- " L ¡- ),;/ I ~j;l-'¡;{~ '\"" <: iI,,_ '~J o MO___________________ 'BOARD OF COUNTY COMMISSIONERS """'" SAINT LUCIE COUNTY, FLORIDA PUBUC WORKS DEPT.. ENGINEERING DMSION, 2300 VIRGINIA AVE.. PORT PIBRCE. PLORlDA 34982 TElEPHONE 462 - 1707 ORANGE AVE. SHOULDER lIIDENlNG LOCATION MAP . ._---~--~--------"-------- FROM: KINGS IDGH1fAY 1fEST TO COUNTY IJNE ~ 0207.Ð"0 '..." D:\Drawings\0207.dwg, 02l~OO2 05:29:46 PM. SLCPWD - Engr. Diy. - DSA -U ;::0 ^ 0 - -U Z 0 (;) (J) (J) f'Tl I 0 - 0 (;) I ;::0 ~ » z » (;) -< f'Tl ~I » f'Tl-l< (J)-<f'Tl -I-UZ -IOC O»f'Tl , (J) O(J)I ^f'TlO ~OC 0-1, IOO OZf'Tl to ;::0 f'Tl ~ f'Tl 0 0 f'Tl 0 Z C - Z Z -I (;) -< -U c: ;::0 Z 0 <- f'Tl f'Tl 0 -I ~ j~~ oto¡ 0 ""~¡ot;J z,""C"> NOjO~ . ;-...2 ....... .... OwrnGEA~. ~OUWERWIDEMNG TYPICAL SECTION - - - -- - .---- FROM KINGS ffiGHWAY WEST TO COUNTY IJNE ---- ~-- -- ----...----..--- ----.....-------- ----.. -- ---- ..., RIGHT OF WAY ~ / / t \ (;)'T':I:: ;:ox> \ O¡¡¡-i C-i(') \ZZJ: OC) < > ;:Q ¡;; (/) '" -i (/) -i(J)- ~OO I CN ":1::0 --cu ¥v»» 00(;)(') -iz o~O (')0 ......0:1:: I -i 'T' 't:I C) -< > 'T';:Q :t'WO ~> .......oo-i (1)0 '"0 fT1 -f I"'l "'0 - Z (;) < > ~ ,..., (/) ~ "'>" -i(l);:O -<"0 :t'I" '-'" > 0 ,(J) II \5 :::!'T' (')0 , roO> I ¡ ~ '" N " > . ~ :;:Q (/) \ I ~ :O-i~ 0 'T' I G) .......-< 0 I \ ~ 't:I(/) 0 < 'T''T' (/)0 > :!! I II 'T' .!. 'T' z (/) -I I-~ rf) 0 0 (J) ~ r;=H: ~ N 0 ~ (/) Vi -f>:. fT1 I II 0 fT1 -i . ~ ...... I - en I ~Z -f- '-" q ~C) °z I II ? > (}1 G) N -i(/) . 0 0-" _> I II I U1 -» ~ '"U CO, OI ':::! ^~ -in -i ~ I 0 ^ ~ < > ;:Q ¡;; (J) / / / ~ \ \ -L ~ ~ 'T' (/) RIGHT OF WAY BOARD OF COUNTY COMMISSIONERS SAINT LUCIE COUNTY, FLORIDA . PUBUC WORKS DEPT., ENGINEERING DIVISION, ,. 2300 'l'lRGINIA AVE.. FORT PIERCE. FLORIDA U082 ' . TELEPHONE 482 - 1707 REVISIONS ;. i- t- .. ,.- . . , . . . ,--- ---- "--------__________________._i.-. , , , -- - ---------- --- --- !__~ 0107.0WCõ ....... "-' SOUTH FLORIDA WATER MANAGEMENT DISTRICT 3301 Gun Club Road, West Palm Beach, Florida 33406 . (561) 686-8800 . FL WATS 1-800-432-2045 . TDD (561) 697-2574 Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416-4680 . www.sfwmd.gov CON 24-06 Environmental Resource Regulation March 22, 2002 ill œ æ OW Œ ~ loW! 2 5 2001 I f¡ i -----.--_.~.J ........ ENGINEERj\!(7: Mr. Ray Wazny, P.E. Public Works Director St. Lucie County 2300 Virginia Avenue Ft. Pierce, FL 34982 Dear Mr. Wazny: Subject: Orange A venue (SR 68) between Kings Highway and the St. Lucie County/Okeechobee County Line This is to acknowledge receipt of your request to add a two foot wide paved shoulder on each side of Orange A venue (SR 68) between Kings Highway and the St. Lucie County/Okeechobee County Line. No other work is authorized under this exemption. The South Florida Water Management District (District) has reviewed the information submitted and has determined that the proposed activity will have only minimal or insignificant individual or cumulative adverse impacts on the water resources of the District. Therefore, based solely on the documents submitted to the District on February 26, 2002, the project qualifies for an exemption pursuant to subsection 373.406(6), Florida Statutes. Activities which qualify for this exemption must be conducted and operated using appropriate best management practices and in a manner which does not cause a water quality violation pursuant to Florida Administrative Code 62-302. This letter does not relieve you from the responsibility of obtaining other permits (federal, state or local) which may be required for the project. The determination that this project qualifies as an exempt activity may be revoked if the installation is substantially modified, if the basis for the exemption is determined to be materially incorrect, or if the installation results in violation of state water quality standards. Any changes made in the construction plans or location of the project may necessitate a permit from the District. Therefore, you are advised to contact the District before beginning the project and before beginning any work in wetlands which is not specifically described in the submittal. The notice of determination that the project qualifies as an exempt activity constitutes final agency action by the District unless a petition for administrative hearing is filed. Upon timely filing of a petition, this Notice will not be effective until further Order of the District. Please be advised that the District has not published a notice in the newspaper advising the public that it is determining GOVERNING BOARD EXECUTIVE OFFICE Trudi K. Williams, r.E., ClwÎr Lennart E. Lim.bht r.E., Vicl!-Clwir Pamela Brooks-Thomas Michael Collins Hugh M. English Gerardo B. Fernández Patrick J. Gleason, Ph.D., P.G. Nicolás J. Gutiérrez, Jr., Esq. Harkley R. Thornton Henry Dean, Executive Director ~ '....I Mr. Ray Wazny, P.E. March 22, 2002 Page 3 of 3 If you have any questions, please contact me at (561) 682-2710. Hug A. arter, P.E. Senior Supervising Engineer Surface Water Management Department HAC/hc Attachments v' c: _ _.. ., ___, I ~ ·.r<r '. y c,L,¿~. Florida Department of Environmental Protection US Army Corps of Engineers '-' ..."" sorTII FLORIDA WATER MAN.-\.GEMENT DISTRICT PUBLIC NOTICE OF APPLICATION Notice is hereby given that pursuant to Chapter 373. Florida Statutes. the following application(s) for permit has been received for a project(s) in Bro\vard County: ---------------------------------------------------------------------------------------------------------------._- Deerfield Beach Energy LLC (Deertìeld Beach Energy Center) 1400 Smith St, Houston, TX 77002, has submitted .-\pplication 010 112-7 for a Water Use Permit for 30 acres of industrial lands. The water will be \vithdrawn from the Biscayne Aquifer and the project is located in Section 9, To\vnship 48 SOllth, Range 42 East. Minto Communities rnc (Lido Isles) 4400 W Sample Rd, Suite 200, Coconut Creek, FL 33073, has submitted Application 00 I 2 15-2 for modification of Surface Water Management Permit 06-01835-S for 153 68 acres of residential lands. The water will be discharged via an existing system and the project is located in Section 20, To\vnship 5 I South, Range 40 East. Shamrock ofBroward Ltd (Shamrock Condominium) 12615 SW 9Isl Street, Miami, FL 33186, has submitted Application 0 IO Ill-IS for an Environmental Resource Permit for 2.3 acres of residential lands The water will be discharged to an onsite retention system and the project is located in Section 2. TO\vnship 51 South, Range 42 East. Watermark Communities Inc (Heron Bay East) 11575 Heron Bay Blvd. 2nd Floor, Coral Springs, FL 33076. has submitted Application 010116-7 for modification of Surface Water Management Permit 06-00073-S for 250.63 acres of residential lands. The water will be discharged to the L WDD L-36 Canal via the NSID WateIWays and the project is located in Sections 31,32/5.6. Townships 47/48 South, Range 41 East. Broward County Board of County Commissioners (N Central County Neighborhood Improvement Project) liS S .-\ndrews Ave, Room 421, Ft Lauderdale, FL 33301, has submitted Application 0 IO 119- I 0 for an Environmental Resource Permit for 945 acres of residential lands The water will be discharged to the C-12 and C-13 Canals and the project is located in Sections 28.29,31,32, Township 49 South, Range 42 East. Broward County Parks and Recreation Division (Offiste Mitigation at Lon$ Key Natural Area) 1000 ~"\V 38th Street. Oakland Park, FL 33308. has submitted Application 010124-12 for modification of Environmental Resource Permit 06-02416-P for 29.4 acres of offsite mitigation lands. The water \vill be discharged via an existing system and the project is located in Section 23, Township 50 South, Range 40 East. ----------------------------------------------------------------------------------------------------------------- Interested persons may comment upon the application or submit a written request for a copy of the staff report containing propose,d agency action regarding }he application by writing to the South Florida \Vater i\¡l:1na\!ement District. Attn: Environmental Resource Regulation, PO Box .... ~ .. ,I , ÄiTÄC-J.lMENT2- ~~Lt 'CbZ- ...... !. f -, L ' (; '7 ,,-< ! ' fZ / Cú ~ C; Ý ,j¡J 1 g }. y t:. (!tht mialni ia~ralð www.herald.com WWW.elherald.com PUBLISHED DAILY M IA'''II-DADE-FLORID,-\ STATE OF FLORIDA COUNTY OF DADE Before the undersigned authority personally appeared: JEAN:"íETTE M.-\RTINEZ who on oath says [hat he/she is CUSTODIAN OF RECORDS .; , ~ of The ~!iami Herald. a daily newspaper published at Miami in Dade County, Florida: that the attached copy of advertisement was published in said newspaper in the issues of: .¡ .¡ ~ December 21. 2000 " .,. A ffiant further says that the said The M iam i Herald is a newspaper published at Miami, in the said Dade County, Florida and that the said newspaper has heretofore been continuously published in said Dade County, Florida each day and has been entered as second class mail matter at the post ortice in Miami, in said Dade County, Florida, for a period of one year next preceding the tìrst publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing ~~i::::;~~~:~ent for p~blß.atiK \in t: said () . J lVi!., / V\I.lt,~'1~ ~ '10m 10 and subscribed befQre me this 26th davof December ,2000 -. - .. !; '. 'r ------- My Commission Expires: _May 12,2002 /iil~ia Acosta .~./<:~/ ",.' .' ~__- '- 6'~·~ "',,- ,_ Notary FHClAI NUT AJ(y SEAL SILVIA ACC5TÀ NOiARY Pt;¡¡UCSìATE OF FtOR'O \ \ CO.\!.\fISS!ON ~;Ü. CC7~2!}~' , , fYCOM,\r:ssro'J ~.(" ". .:-.. ')/ '/ ,"/ ---1- , : ", '\ ...." SOUTH FLORIDA I WATER NlANAQEMENT PUBLIC NOTice OF APPLICATION ~';.lltcº~r~~8 ~~'t~bbh¡~I-:'~ 373. Florida Stalut... U'\. :g~IO~I;r~lt .~I~;aug:~~ received lor proect (S) In Mlenll-0ade County: ..................--.......-..........-- Homestead Miami Søeedway lLC 1:Hom..tead Motor.ports p:~~:1C l..O~Võ'~~w 0::_ ..uo..... Diu'" ..---..--.-....--.......-.................... I Int.resled pers.ons may f eam"'.nt ",pan tn. . aøpllcetlon or '\Jb",U . I ~~g~e9f :~:~~~'tr.¿~~t a j COntalnino P"OPOSeg açency actIon reoar<2ìng t~· :~:II~~r¿~h ÞI!:{¡~~g ~:i~6t:M·~~t9,~m.nl Envlronm."tal Resource ~:a~ð~«IQnW.:íO' p~:::: e.acn. FL 33418-4680. bu« such Comments or I requests mus« Þe I'ec::.ved by 5:00 PM wl""ln 21 days t,.orn «l"Ie date ot publication. No turt"'.r Public natlce will be PI'Q....ided regarding I"'. _Øpllc.Mlon. '" copy ·ot En. sfaff ".po,.t mr.,¡SI be reC;uested In ordel' to " ~~~~~J:~~i:.ed ot 'uttl"lel', SUbstantlallyaftec:ed persons ate entitled to reqlUasf an ~~~~¿:I~t~at~~: pr~:~~~8 :3;~~rtrn~CU~n w~rl.n reQuest 1he'e'or .fter r.....'.wlnç the sial! I'.Oort. PUBLISH: December 21.:zoo<) ~iTACt-\I\\E~tT~ 3 "I ' D:IDraw'ngsI020i .~2012002 05:29:46 PM. SLCPWD - Engr. Dill. _ DSA "'U :u ^ 0 Z "'U 0 Ç) (f) (f) M :r: 0 Ç) 0 :r: :u ~ » » z -< Ç) M ~I » M-i< (f}-<M -i"'UZ -i()C O»M Z r -.¡ (f) O(f}::r: (f) ^MO ~()C ():::::!r :r:OO OZM CO :u MI :IE M () 0 M 0 Z C Z Z -.¡ Ç) -< "'U C :u z 0 <- rr¡ M () -.¡ ---r / / f \ G'>""~ ;ox> \ 0-.... C~() \ZZ:r 0<:) .--., -I VI ....VI- ~OO I eN ,,~o -CD 3':""">>- COC'>('") ....z O~O ()o .-,o~ :r .... ...,,, C'> -< > "";:0 :-0<0('") ~> ...... co.... V) 0 .... ..., -I"" ....0 - Z C'> ~ .-, > " -IV);o -<"0 :t':r" ...... > 0 rV) -I,.., ño 11)5 II ~ Q~;g ~ -< 0 II<:)Z~~ II ~ ~~ o VI 0 I II"" 1. I-~ CD~: ~ èi - of'>-"'" ,...,~ :~ I II Î -. Z -t -I '-' ~C') °z I II ? > CJ1 C') N -IV) : I II 0 0" -I» :r VI -» :;" C1J ~ () :r ::::!. ^» -I ('") C; :r (') ^ a¡(1} > . V) ,.., ~ ~ EXHIBIT 4B / / / ~ \ \ --L ..., RIGHT OF WAY < > ~ ..., VI < » AI ¡:;; VI 0 I 0 < . > ;:0 ¡:;:¡ V) rf) 0 q N 0 q q I 0 . < > AI ¡:;:¡ VI < > AI ¡:;:¡ VI RIGHT OF WAY __ ORANGE AVE. SHOULDER WIDENING TYPICAL SECTION FROM taNGS ffiGHI'AY 1IESI' TO COUNTY IJNE BOARD OF COUNTY COMMISSIONERS SAINT LUCIE COUNTY, FLORIDA PUBIJC WORKS DEPT., ENGINEERING DIVISION, 2300 VlRGI!II4 AVE" FORT PIBRCI. FLORIDA 94_ TEIJIPBONE 4 8 2 - I? 0 ? øw.c 0101.D.; __ u. ..____ ______.. _ REVISIONS ¡ --I d '-' ""'" AGENDA REQUEST ITEM NO. c-2J, DATE: April 2, 2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: (~~s~t~~ County Engineer SUBMITTED BY (DEPT): ENGINEERING DIVISION 4115 SUBJECT: Approve Change-Order NO.2 and Final in the amount of ($0.00); accept the project; release retainage in the amount of $6,788.50 and make Final Payment in the amount $10,048.50 to Sheltra & Son Construction Company for the Rouse Road MSBU. BACKGROUND: On January 9, 2001, the Board awarded the contract for the Rouse Road Reconstruction to Sheltra & Son Construction Company in the amount of $51 ,380. FUNDS AVAilABLE: Funds are available in Fund No. 389-4115-563000-4501 (Rouse .Road MSBU Capital). PREVIOUS ACTION: The Board awarded the construction contract on January 9,2001. Change-Order NO.1 for $19,765 was approved by the Board on October 2,2001. RECOMMENDATION: Staff recommends the Board approve Change-Order No. 2 and Final; accept the project; release retainage and make Final Payment in the amount of $ 10,048.50. f] APPROVED [] OTHER [] DENIED CE: COMMISSION ACTION: [xl County Attorney [x] Originating De . [x] Finance (Check for copy I [xl Mgt. & Budget f}LtJ rn ~ [xl Project. Man. 4P [x] MSBU Coordinator . f ~ ~ ~'" [xl Purchasing [x] Budget & Rev. COOf. IlV ~ .." DIVISION OF ENGINEERING MEMORANDUM 02 - 068 h_·.·_______________n____......___._______._.___..._._........__. __ __ u u _. '._. _. _. '. '. _....... __. _ __ _. _. _.". _. h '. '. _. h __ n _. _._. U...._______________________..._______________________._._..._____ ......................................n_____.__uu_.........___. ··_·___·.._O._.O...O..W._._._._.___._........_...____________,.___. ......................................................-.-.-.-.-.-. n___.____..._____.,._._._.____________._____...._..___._._._._._.. :,'".",'.',"."-'.'-"."-","-",'-"."-',"-","-",--',".',',',',','-','-','-','-","-',"-',--","-','-',"-',"-','.','.'.'-'.'~.'-'.'-'... TO: Dan McIntyre, County Attorney ~ FROM: Don West, County Engineer _~~) p~ DATE: February 28, 2002 SUBJECT: Rouse Rd. Reconstruction MSBU Please approve the attached releases of lien for the above referenced project. If we can be of any assistance, please call Mike Powley, Capital Projects Engineer, at extension 1707. Barn Attachments (3) bam cc: Ray Wazny, Public Works Director Mike Powley, Capital Projects Engineer '-' APPLICATION FOR _ AND FINAL P'AYMENT·..., ROUSE ROAD RECONSTRUCTION BOARD OF COUNTY COMMISSIONERS ENGINEER'S PROJECT NO.: 01-25 OWNER: ST. Toncr? COUNTY! F'T.ORTDA PROJECT NAME: CONTRACTOR: SHELTRA & SON CONST CO INC CONTRACT DATE: JULY 2 2001 APPLICATION AMOUNT: $10,049.00 APPLICATION DATE: 02-25-02 INITIAL CONTRACT AMT. $.22." 3~9· 00 FOR PERIOD ENDING: 02-25-02 BASED ON EST. QUANTITIES TABULATION OF AMOUNT DUE THIS APPLICATION ORIGINAL CONTRACT AMOUNT COMPLETED TO DATE (See Attached "Estimate of completed work") AS APPLIED FOR BY CONTRACTOR 51,380.00 CHANGE ORDER NO. CHANGE ORDER NO. CHANGE ORDER NO. . CHANGE ORDER NO. $ $ $ $ $ TOTAL WORK TO, DATE (+) $ LESS PREVIOUS PAY. (-) $ SUB-TOTAL $ LESS FAILED LAB. TESTS 71,145.00 61,096..:50 Rt 1 2' @ 100 % @ 100 % @ % @ % COMPLETE COMPLETE COMPLETE COMPLETE ( +) ( +) ( +) ( +) 19,765.00 - ò - PREVIOUS PAYMENTS: U #2 #3 t4 TOTAL $ 31 095.00 $ 10:138.50 ~~ $ 19.863.00 $ $ 61,096.50flf., AMOUNT DUE FINAL PAYMENT, EXCEPT FOR ANY LIQUIDATED DAMAGES ASSESSED BY BOARD (- ) AS APPROVED BY ENGINEER $ .-)"!3 rto. M $ ,q 7 (¡;s-; N) $ - 0- $ $ $ -¡ I / i.-+,!:, oo,/' $ tol oqø, !>o ./ $ $ I Dt) 4-'6 I s-o $ 1 0, 04g..ÞOAl CONTRACTOR'S AFFIDAVIT The undersigned Contractor hereby swears under penalty of perjury that all obligations incurred by the Contractor under this Contraot to date ~ave been discharged in full; that no suits are pending in conneotion with the work under the Contraot; that the Contraotor agrees to the total final prioe of $ 71,145.00 and final payment of $ 10,049.00 as full settlement of his account under the Contract and of all claims in connection therewith. CONTRACTOR SHELTRA & SON CONST CO INC. BY(Ý.d./!/#dA'V ~Ltz:v COUNTY OF MARTIN STATE OF FLORIDA Before me this 25th day of FEBRUARY , ~ 2002, personally appeared CARMEN SHELTRA , known to me, who being duly sworn, did depose and say that he is the VICE PRESIDENT (Office) of the Contractor above mentioned; that he prepared attached application for payment and executed above affidavit on behalf of said Contractor; and that all of the statements contained the~;~~~are t;~:~c~~~rec and comp~te My commission expires: t.f'i!J¡, 11fl:;¡ MYCOMMISSION# CC909615 EXPIR ~ U. ~'~.l.¡ May 26, 2004 ···~kr.,r..~" BONDED THRU TROY FAI~ INSURANCf, INC. TITLE VICE PRESIDENT TO: BOA~D OF COUNTY COMMISSIONERS, ST. LUCIE COUNTY, FLORIDA The attached application for payment by the Contractor has been reviewed by the Engineer. The Enginear hereby approves final payment under this application in the amount of $ , less liquidated damages assessed by Board, ~CTUAL PAYMENT SUBJECT TO CONTRACTOR'S SIGNING ABOVE AFFIDAVIT. ~.....~\A øÑ~~' ST. LUCIE COONTY ENGINEERING DEPARTMENT DATE: APPROVED BY Donald B. West, P.E.· 'Ray Wazny, P.E,' County Engineer Public Works Director Contract Time Began: Substantial Completion on: Actual Construction Time: Contract Construction Time: Rainy D3YS Allowance: Other Overrun Allowances: Net Overrun: Cal. Calo Calo Calo Calo Days CHECKED BY Days Æ 'f.-..~ Days PREPARED BY -;-/-J A/ Days St. Lucie C unty Eng. Depart. Days cc: Finance Officer .. '-' ....J WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT The undersigned lienor, in consideration of the final payment in the amount of $16595.00 hereby waives and releases its lien and right to claim a lien for labor, services or materials furnished to (customer) Sheltra & Son Construction Inc on the job of (owner of property) St Lucie County , to the following described property: Rouse Road Reconstruction st Lucie County Dated February 22 , 2002 Lienor's Name Dickerson Florida, Inc. Address P.O. Drawer 719 Stuart, FL 34995 By ~ Printed Name Bernie Barrile Title: Vice President Personally appeared before me this by Bernie Barrile that he/she is Vice President who is personally known to me. 22nd day of February ,2002 who, being duly sworn on oath, says of Dickerson Florida, Inc. Notary Stamp .""\"¡"'" Crystal Monocandilo!; /'f>r."~~;;,- MY COMMISSION # CC824242 WItS ',::, April 8, 2003 ~. '. ".' BONDED THRU TROY fAIN INSURANCf, INC. , ·R~t\' ~(!J::"£~'>f:, Note: This is a statutory form prescribed by Section 713.20, Florida Statutes (1996) Effective October 1, 1996, a person may not require a lienor to furnish a waiver or release of lien that is different from the statutory form. ,,- "-' ....., AGENDA REQUEST ITEM NO. C-2c DATE: Apri/2, 2002 TO: BOARD OF COUNTY COMMISSIONERS REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] PRESENTED BY: SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 SUBJECT: Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) for Rio Mar Drive Sidewalk Enhancements (Prima Vista Boulevard to SR5/US1) and Resolution No. 02-95 BACKGROUND: The Rio Mar Drive Sidewalk Enhancement Project is an Intermodal Services Transportation Efficiency Act of 1991 (ISTEA) funded project. After the design was completed, FDOT requested an additional $34,000 for local cost share for construction funding. The project's total cost has been estimated by the FDOT to be $144,718. The attached agreement outlines responsibilities for both parties. FUNDS AVAIL.: Funds will be made available in 101002-4112-563000-xxxxx Transportation Trust/Constitutional Gas Tax PREVIOUS ACTION: RECOMMENDATION: Staff Recommends Board approval of the Joint Participation Agreement in the amount of $34,000 with FDOT for Rio Mar Drive Sidewalk Enhancements and Resolution No. 02-95, and authorization for the Chairman to sign. Funds are available in 101002-4112-599300-400. [2q APPROVED [ ] OTHER: [ ] DENIED COMMISSION ACTION: []County Attorney ar [x]Originating Dept. Public Works riomar fdot jpa.ag tl1/ Coordination/S iQ natures [x]Mgt. & BUdget~ [X]Co.Eng~ [x]Rev.Coord. ß Pt ~ [x]Proj.Mgr. ~ ""' -..I RESOLUTION NO. 02-95 A RESOLUTION AUTHORIZING AND APPROVING EXECUTION OF THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND ST. LUCIE COUNTY JOINT PARTICIPATION AGREEMENT FOR RIO MAR DRIVE SIDEWALK ENHANCEMENTS FROM PRIMA VISTA BOULEVARD TO SR5/USl BY THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS; AND AUTHORIZING THE CHAIRMAN OF THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS TO EXECUTE THE AGREEMENT; AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENT BY APPROVING IT AS TO FORM AND CORRECTNESS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Department is constructing sidewalk and otherwise changing a portion of a public road identified as Rio mar Drive (Prima Vista Boulevard to SR5/US1), State FM Number 231433/1/52/01. 2. The projected estimated cost of the improvements, referred to as "Enhancements," exceed the original grant amount, the Department has requested the County fund the additional amount over the amount funded by Enhancement funds (SE funds). 3. The County is prepared to fund the additional cost of the Enhancements by contributing additional funds to pay for these additional costs of the Enhancements. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby authorize and approve execution of the Joint Participation Agreement with the State of Florida Department of Transportation for Rio Mar Drive Sidewalk Enhancements (Prima Vista Boulevard to SR5/US1). 2. The Chairman of the Board of County Commissioners and the Clerk are hereby authorized to execute the Joint Participation Agreement approved by this resolution; and further, the County Attorney '-' ....", is hereby authorized to execute the agreement by approving it as to form and correctness. After motion and second the vote on this resolution was as follows: Chairman Doug Coward XX Vice Chairman Frannie Hutchinson XX Commissioner Paula A. Lewis XX Commissioner Cliff Barnes XX Commissioner John Bruhn XX PASSED AND DULY ADOPTED this day of April, 2002. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY '" ...I FM No: 231433-1-52_01 WPI No: 4129287 Vendor No STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND ST. LUCIE COUNTY LOCALLY FUNDED AGREEMENT THIS AGREEMENT, entered into this_day of , 2002 by and between the State of Florida Department of Transportation hereinafter called the DEPARTMENT, and the St. Lucie County, located at 2300 Virginia Avenue, Ft. Pierce, Florida 34982, hereinafter called the COUNTY. ' WITNESSETH WHEREAS, the DEPARTMENT is constructing sidewalk and otherwise changing a portion of a public road identified as Rio Mar Drive from Prima Vistà Boulevard to SR5/USI, State FMNo.: 231433/1/52/01 (WPI No. 4129287), hereinafter referred to as the PROJECT; and WHEREAS, the projected estimated cost of the above proposed improvements, which items are hereafter referred to collectively as the "Enhancements", exceed the original grant amount, the DEPARTMENT has requested that the COUNTY fund the additional amount over the amount funded by Enhancement funds (SE funds) in the Work Program; and, WHEREAS, the COUNTY is prepared to fund the additional cost of the Enhancements by contributing additional funds to pay for these additional costs of the Enhancements; WHEREAS, the resolution, , a copy of which is attached hereto and made a part hereof, authorizes the COUNTY to enter into this agreement; and, NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the PROJECT, the parties agree to the following: I. The recitals set forth above are true and correct and are deemed incorporated herein. 2. The DEPARTMENT shall be responsible to perform the PROJECT and shall direct the management of the PROJECT. Subject to the COUNTY proceeding under this Agreement without termination and funding all amounts required hereby, the DEPARTMENT shall construct the PROJECT with the Enhancements. The COUNTY acknowledges that its only right to terminate this agreement is under paragraph 6(C) and that this right of termination is only exercisable at the time of the bid opening, within 14 days of the notice by the DEPARTMENT. 3. The DEPARTMENT shall be responsible for assuring that the PROJECT complies with all Federal Highway Administration (FHW A) and DEPARTMENT standards. Iof7 - - - "" ..I 4. The COUNTY agrees to make all previous studies, maps, drawings, surveys and other data and information pertaining to the PROJECT available to the DEPARTMENT at no extra cost to the DEPARTMENT. 5. The DEPARTMENT shall have the sole responsibility for resolving claims and requests for additional work for the PROJECT. The DEPARTMENT will make its best effort to obtain COUNTY input in its decisions. 6. (A) The COUNTY agrees that it will, prior to the DEPARTMENT's Letting of the I PROJECT for bid, fumish the DEPARTMENT an advance deposit estimate ofTIDRTY- FOUR THOUSAND DOLLARS ($34,000.00) as a deposit towards the Enhancements. Subject to termination under paragraph 6 (D), the DEPARTMENT may utilize this deposit and additional deposits for payment of PROJECT No. 231433/l/52/01. (B) lfthe accepted bid amount for the Enhancements is in excess of the sum of the Advance deposit amount plus the SE funds in the Work Program, which is hereinafter referred to as the Total Project Amount, the COUNTY will provide an additional deposit within fourteen (14) calendar days of notification from the DEPARTMENT or prior to posting the bid, whichever is earlier, so that the Total Project Amount is equal to the bid amount. The DEPARTMENT will notify the COUNTY as soon as it becomes apparent that the accepted bid amount is in excess of the Total Project Amount; however, failure of the DEPARTMENT to so notify the COUNTY shall not relieve the COUNTY from its obligation to pay its full contribution on final accounting. (C If the accepted bid amount for the Enhancements is more than the Total Project Amount, thereby exceeding the COUNTY participation of THIRTY FOUR THOUSAND DOLLARS ) ($34,000.00), the COUNTY shall have the option of funding the difference between the accepted bid amount and the Total Project Amount, or termin~ting this Agreement. The COUNTY must exercise this option by written notice to the DEPARTMENT within fourteen (14) calendar days after the DEPARTMENT notifies the COUNTY that the accepted bid amount for the Enhancements exceeds the Total Project Amount, which notice the DEPARTMENT shall provide to the COUNTY in writing as soon as it becomes apparent that the accepted bid amount for the Enhancements exceeds the Total Project amount. If the COUNTY elects to fund the difference and proceed with this Agreement, the COUNTY shall provide an additional deposit within fourteen (14) calendar days after the DEPARTMENT provides written notice conceming the accepted bid amount in accordance with this provision. If the COUNTY elects to terminate this Agreement prior to posting the award, the DEPARTMENT shall have no obligation to proceed with the PROJECT, the COUNTY shall receive a full refund of the advance deposit. CD) Should contract modifications occur that increase the COUNTY's share of the total 20f7 - - ~ "" PROJECT costs, the COUNTY will be notified by the DEPARTMENT accordingly. The COUNTY agrees to provide, in advance of the additional work being performed, adequate funds to ensure that the COUNTY participation is sufficient to fully fund its share of the PROJECT. The DEPARTMENT shall notify the COUNTY as soon as it becomes apparent the actual costs will overrun the award amount; however, failure of the DEPARTMENT to so notify the COUNTY shall not relieve the COUNTY fÌom its obligation to pay for its full contribution on final accounting as provided herein below. ...", (E) Upon final payment to the Contractor, the DEPARTMENT intends to have its final and complete accounting of all costs incúrred in connection with the work performed herótunder within three hundred sixty days. All project cost records and accounts shall be subject to audit by a representative of the COUNTY for a period of three (3) years after final close out of the project. The COUNTY will be notified 0 the final costs. Both parties agree that in the event the final accounting of total PROJECT costs pursuant to the terms of this Agreement is less than the COUNTY Contribution to date, a refund of the excess will be made by the DEPARTMENT to the COUNTY in accordance with Section 215.422, Florida Statutes and subject to the limitation in Section 6 (E) of this Agreement. If the final costs exceed the COUNTY Contribution, the COUNTY will be invoiced for the balance. Upon receipt of the final invoice, the COUNTY agrees to reimburse the DEPARTMENT in the amount of such actual cost within forty (40) days fÌom the date of the invoice. The COUNTY shall pay an additional charge as specified in Section 55.03, Florida Statutes, on any invoice not paid within the time specified in the preceding sentence, until the invoice is paid. (F) The DEPARTMENT shall have the right to retain out of any payment due the COUNTY under this Agreement an amount sufficient to satisfy any amount due and owing to the DEPARTMENT by the COUNTY on any other Agreement between the COUNTY and the DEPARTMENT, whether existing now or in the future. (G) In the event it becomes necessary for the DEP AR TMENT or the COUNTY to institute suit for the enforcement of the provisions of this Agreement each shall pay their own attorney fees and court costs. 7. Should the DEPARTMENT and the COUNTY decide to proceed with subsequent phases of the PROJECT, this Agreement shall be amended to identify the respective responsibilities and the financial arrangements between the parties. 8. The parties agree that proceeding with the PROJECT is dependant upon the COUNTY's payment of funds to the DEPARTMENT for its share of the costs of the PROJECT and additional work, supplemental agreements and claims. Should the COUNTY fail to provide the necessary funding to proceed with the PROJECT, the DEPARTMENT's obligations to continue with the PROJECT shall be terminated. '30f7 9. Thi~greement or any interest herein shall not be assigned, trarlMtrred or otherwise encumbered by the COUNTY under any circumstances without the prior written consent of the DEPARTMENT. However, this Agreement shall run to the DEPARTMENT and its successor. 10. This Agreement shall continue in effect and be binding to both the COUNTY and the DEPARTMENT until the PROJECT is completed, unless sooner terminated under paragraphs 6 (C) and 8 above. 11. To the extent allowed by the Laws of Florida, the COUNTY hereby agrees to indemnify, defend, ~ave, and hold harmless the DEPARTMENT from all claims, demands liabilities) and suits of any nature arising out of, because of, or due to any negligent and/or intentional act or occurrence, omission, or commission of the COUNTY, its agents, or employees, arising out of this contract or the work which is the subject hereof It is specifically understood and agreed tbat this indemnification clause does not cover or indemnify the DEPARTMENT for its own negligence. See Appendix 3. 12. The COUNTY warrants that it has not employed or obtained any company or person, other than bona fide employees of the COUNTY, to solicit or secure this Agreement, and it has not paid or agreed to pay any company, corporation, individual or firm, other than a bona fide employee employed by the COUNTY. For breach or violation ofthis provision, the DEPARTMENT shall have the right to terminate the Agreement without liability. 13. This Agreement is governed by and construed in accordance with the laws of the State of Florida. 14. This document incorporates and includes all prior negotiations, correspondence, conversations, Agreements, or understanding applicable to the matters contained herein, and the parties agree that there are no commitments, Agreements or understanding concerning the subject"matter of this Agreement that are not contained in this document. Accordingly, it is agreed thaJ. no deviation form the terms hereof shall be predicated upon any prior representation or Agreements whether oral or written. It is further agreed that no modification, amendment, or alteration in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 15. A person or affiliate who has been placed on the convicted vendor list following a conviction or a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact 4 on '0 - - bu,,_ ~ss with any public entity in excess of the threshold amoù- provided in section 287.017, Florida Statutes, for CATEGORY TWO for a period of6 months from the date of being placed on the convicted vendor list. 16. In the event this Agreement is in excess of $25,000.00 and has a term for a period of more than one year, the provisions of Chapter 339.135 (6)(a), Florida Statutes, are hereby incorporated. " 'The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money made be Pfid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of$25,000.00 dollars and which have a term for a period of more than one year." 17. All provisions of this Agreement calling for the expenditure of ad valorem tax money by the COUNTY are subject to annual budgetary funding. 18. Any or all notices (except invoices) given or required under this Agreement shall be in writing And either personally delivered with receipt acknowledged or sent by certified mail, return receipt requested. All notices delivered shall be sent to the following addresses: If to the DEPARTMENT: Florida Department of Transportation - District Four 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309 Atten: Lizz Holmes, Procurement Manager With a copy to: John Thompson, FDOT Project Manager A second copy to: District General Counsel If to the COUNTY: St. Lucie County 2300 Virginia Avenue Ft. Pierce Florida 34982 Atten: County Manager With a copy to: Scott W. Isberner, E.!. A second copy to: County Attorney's Office 50f7 '-' ..., AGENDA REQUEST ITEM NO. C-2D DATE: April 2,2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): ENGINEERING DIVISION PRESENTED BY: (~~1..~WL- County Engineer SUBJECT: Approve Change Order NO.2 in the amount of $ 562.10 for the Indian River Lagoon Trace Phase IA and lB. BACKGROUND: The Indian River Lagoon Trace Phase IA and IB project was advertised for bid on February 16, 2001. In the interest of expediting the project, the decision was made to advertise for bids prior to having the permits in hand. The bids were opened on March 21, 2001. On May 8, 2001 the project was awarded to Dickerson Florida, Inc. for $990,038.00. On September 24,2001 the SFWMD permit was issued but included changes to the plans. On October 25, 2001 the FOOT permit was issued but also included plan modifications. FUNDS AVAILABLE: Funds will be made available in 101002-4112-563000-4904 (Transportation Trust/Constitutional). PREVIOUS ACTION: The project was awarded to Dickerson Florida, Inc. on May 8, 2001 in the amount of $990,038.00. On February 5,2002 the board approved Change Order NO.1 for $132,558.48. RECOMMENDATION: Staff recommends the Board approve and authorize the Chairman to sign Change Order NO.2 in the amount $ 562.10 for the Indian River Lagoon Trace Phase IA and lB. [j: APPROVED [] OTHER [] DENIED E: COMMISSION ACTION: [x] County Attorney [xl Originating Dept. Public Works [xl Finance (Check for copy only, if applicable) ~ CO.lllJt'lt. Açtmini~ator [x] Mgt. & Budget 'tH.J IY\ N\ [ ] Purchasing [x] Project. Man. \' II . [xl Budget & Rev. Coor. ßi'tV\ , '. '-' &ŒUWŒ m CHANGE ORDER ST. LUCIE COUNTY _._~ PROJECT: Indian River Lagoon Trace Phase One Sections A & B (name, address) ENGJNEERING ~'"~_..~_/ CHANGE ORDER NUMBER: No. 2 INITIATION DATE: 3/21/02 TO (Contractor): CONSULTANT'S PROJECT NO.: N/A Dickerson Florida, Inc. P 0 Drawer 719 Stuart, FL 33495 ST. LUCIE COUNTY CONTRACT NO: C01-05-568 CONTRACT DATE: 5/8/01 You are directed to make the following changes in this Contract: (Additional sheet attached as Exhibit A - Yes) SEE ATIACHED The original (Contract Sum) was .............................................................. $990,038.00 Net change by previous authorized Change orders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $132,558.48 The (Contract Sum) prior to this Change Order was ............................................. $1,122,596.48 The (Contract Sum) will be (increased) by this Change Order . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $562.10 The new (Contract Sum) including this Change Order will be ...................................... $1,123,158.58 The Contract Time will be (unchanged) by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (0 ) Days The Date of Substantial Completion as of the date of this Change Order therefore is: 4/13/02 Funds Available: Account Number The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non- affected work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result of increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope of the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed. All work performed under this Change Order shall be peliormed in accordance with the contract specifications. . Recommended: St. Lucie County, EnoineerinQ Division ArchitecVEngineer 2300 Vir inia Ave. Ft. Pierce FL 34982 Address 3/21/01 Date Approved: St. Lucie County PUl:>Iic Works Department St. Lucie County Department 2300 Viroinia Ave.. Ft. Pierce. FL 34982 Ad o Virginia Ave., Ft. Pierce, FL 34982 Dickerson Florida, Inc. Contractor PO Drawer 719. Stuart, FL 33495 Addr1s ~ ~. A-r¿Ci,tt, ¡c7ihtl./,?- 3/'2-'2--/02. By:) Date By: Date Approved as to Fonn and Correctness County Attorney a1 Z o ¡:: u w CI) oð ~ Z o ¡::: u w CI) w z o w CI) ~ :r: D... W U ~ cr:: I- Z o o C!) ~ ...J 0....... cr:: co W -...J- <11....... > :g ~ cr:: 0"" NiL VI Z ::: c CD ~ ~wc::~~o' ,.... Q) 0 10..1 C ..>0: '0 Z c:: .~ æ CD o QuE···· o ._ W....à::1- C>.9oro -zg-§ ~ « .;:, ::Le .õ':I: C:';:;"'C ....<..)00'0 D... 0 Z <{ J ' "''::'" '-' ....., o 00 cor: tOo coo -N ¡;;E.9- , 000 °o~ a . N tONCO co co to _ co E.9- .......t'Ï "(E.9- 00 o~ ·N oco to co- to _ C\J fßo('l)'õ E.9-1- M....... , <{<{ ww <{Cf) W-I m 'V....... , , 'Vo CX)N tOo .,.. COMMISSION ACTION: [X] APPROVED D DENIED D OTHER ~ To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAilABLE: PREVIOUS ACTION: RECOMMENDATION: County Attorney Originating Dept.: Finance: '-' ( ( ..., Agenda Request Item Number _ C .-:- 3 A Date: _ Ap ~ a ,;)., .;Jç;().;¡ Consent [ X ] Regular [] Public Hearing [] leg. [ ] Quasi-JD [ Board of County Commissioners Community Development Request approval of the Florida Communities Trust Conc ptual Approv I Agreement for the Sheraton Plaza Preserve project and authorization for the County Admi istrator to sign and transmit the Agreement on to Florida Communities Trust on behalf of t e County Commission. On November 30, 2001, FCT awarded the County a grant in the amount of 40% of the project costs or $325,400; whichever is less, to reimburse the County for the cost of acquiring the Sheraton Plaza Preserve site. The remaining funds will be provided from the County's Environmentally Significant Lands fund. The attached Conceptual Approval Agreement sets forth the procedures for reimbursement and guides the future management and use of the project lands. The proposed agreement must be approved and returned to FCT by April 15, 2002 to comply with FCT terms for the purchase. Funds are available in the Environmental Lands Bond Fund (382-3915-561000-31017). On July 10, 2001, this Board authorized submission of the Sheraton Plaza Preserve FCT project application. Approve the Florida Communities Trust Conceptual Approval Agreement for the Sheraton Plaza Preserve site and authorize the County Administrator to sign and transmit the attached Conceptual Approval Agreement to Florida Communities Trust. " NCURRENCE: .- J Douglas M. Anderson County Administrator Coordination/ Signatures Mgt. & Budget: Other: Purchasing: Env. Management: (AGEND595a) \w;. 'wtI COUNTY COMMISSION REVIEW: April 2, 2002 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT To: Board of County Commissioners From: Community Development Director Date: March 19,2002 Subject: Request approval of the Florida Communities Trust Conceptual Approval Agreement for the Sheraton Plaza Preserve project and authorization for the County Administrator to sign and transmit the Agreement to Florida Communities Trust on behalf of the County Commission. The proposed Florida Communities Trust Conceptual Approval Agreement is a grant agreement that provides of 50%, or $606,000, whichever is less, of the cost to acquire the project lands. The remaining funds will be provided from the County's Environmentally Significant Lands Fund. The Conceptual Approval Agreement also sets the terms for reimbursement and guides the future use of the project lands. Section VII of the agreement includes conditions that are particular to the Sheraton Plaza Preserve project that must be addressed in the project's management plan. The agreement provisions are consistent with the Sheraton Plaza Preserve project application approved by the Commission on July 10, 2001. Sheraton Plaza Preserve is a 68-acre project located on the south side of Juanita Avenue, approximately 1/4 mile west of North 25th Street (Exhibit A). The purpose of the Sheraton Plaza Preserve project is to preserve habitat for the Florida Scrub Jay, and expand an existing County park in a manner that assist in the development of a countywide greenway system. The project will provide passive recreation activities such as bird watching, nature study, and hiking. Staff requests the Board approval the Florida Communities Trust Conceptual Approval agreement and authorize the County Administrator to sign and transmit the attached Conceptual Approval Agreement to Florida Communities Trust. .' " cc: County Administrator Press/Public '-' ( ( ~ FCT Contract Number OO-CT- FLORIDA COMMUNITIES TRUST FFl Award Number 01-067-FFl SHERATON PLAZA PRESERVE 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, a local government of the State of Florida (Recipient). The intent of this Agreement is to impose terms 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 ill, Florida Statutes (F.S.). * * * * * * * WHEREAS, Chapter 380, Part ill, F.S., the Florida Communities Trust Act, creates a nonreguIatory 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; " 01-067-FFl 03/13/02 Joint Acquisition 1 '-' ( (' 'will 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(1), 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 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 April 15. 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 terms 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. " OI-067-FFl 03/13/02 Joint Acquisition 2 '-' ( ( "will 3. Conceptual approval for funding shall be until January 31, 2003 (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 1 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 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 termination 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. ~ 0l-067-FFl 03/13/02 Joint Acquisition 3 '-' '- ( ~ portion of the FCT award that corresponds to the parcel being closed. Cash expended by the FCT for eligible project costs incurred by the FCT will be recognized as part of the FCT grant award amount on the grant reconciliation statement. 11. 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 Project Site is comprised of multiple parcels, the Recipient shall deliver at the closing of each parcel 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 10 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 determined after an appraisal report that complies with the procedures and requirements set forth in Rule 9K-8.oo7, F.A.C. Such appraisal report shall be subject to review and approval by FCT prior to FCT funds being delivered for the project. 12. The FCT Governing Board adopted the Florida Forever Program Approved List of Complete Applications for Series FFl Funding Cycle on November 29,2001, at which time the Project Site became part of a list of lands that were approved for consideration for land acquisition. If action initiated by the Recipient that is the local government having jurisdiction over the Project Site, subsequent to November 29,2001, results in a governmentally-derived higher value due to an enhanced highest and best use, the FCT acquisition activities will be terminated unless the Seller agrees that the appraisal will be based on the highest and best use of the Project Site on or before November 29,2001. 13. Recipient hereby notifies the FCT that the following administrator, officer, or employee is the authorized key contact, or project manager, on behalf of the Recipient for purposes of coordinating project activities for the duration of the project: Name: nÜmR Waite Title: Planner Ill, St. Lucie County Alddress: 2300 Virginia Avenue, Fort Pierce, FL 34982 Phone: 561-~h?-1~77 Fax: ')61-462-1')81 Email: dianaw@co.st-lucie.n.us 0l-067-FFl 03/13/02 J oint Acquisition 5 \.of c ( ...." 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 III.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. 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 ofthe 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 nons tate entity for Federal program matching requirements shall be excluded from consideration. The funding for this Agreement was received by FCT as a grant appropriation. " OI-067-FF1 03/l3/02 Joint Acquisition 6 '-' ( 'p " ..""" 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 State of Florida Auditor General Room 401, Claude Pepper Building 111 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 (i.e., the cost of such an audit must be paid from recipient funds obtained from other than State entities). .' " 01-067-FFl 03/13/02 Joint Acquisition 7 '-" ( ( """" 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 of this 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-compliance. 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 to the expiration of the five-year period, the records shall be retained until the litigation or audit findings have been resolved. 7. The Recipient shall have all audits completed in accordance with Section 215.97, Florida Statutes, by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Florida Statutes. The IP A shall state that the audit complied with the applicable provisions noted above. III. REQUIREMENTS THAT MUST BE MET PRIOR TO INITIATION OF PROJECT SITE NEGOTIATION 1. If the Project Site consists of five or fewer ownerships, as reflected on the Acquisition Plan, either the FCT 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 all negotiation and acquisition activities. The Recipient hereby notifies the FCT that St . Lucie County [Note: Elect FCT 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 FCT that the Recipient's agent is: Name: Title: Address: Phone: Fax: Email: 2. The Recipient hereby notifies the FCT that the Recipient's Federal Employer Identification Number(s) is " ~ 0l-067-FFl 03/13/02 Joint Acquisition 8 '-" ( C" ..,I 3. No later than April 15. 2002, the Recipient must deliver to FCT a written statement from the Project Site property owner(s) evidencing that the owner(s) is willing to entertain an offer from the Recipient and FCT. No negotiation or acquisition activity is to be commenced prior to FCT receipt of this statement. 4. No later than A{Jril15. 2002, the Recipient must deliver to FCT the executed Confidentiality Agreement provided to the Recipient by FCT, 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 party responsible for all negotiation 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. FCT will review and approve the appraisal(s) and detenIÙne the Maximum Approved Purchase Price as provided in Rule 9K-8.007(5) and (6), F.A.C., ; and b. Purchase agreement(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 affIrms that: a. the Recipient is ready, willing and able to provide the local match, if any is required; b. the Recipient reaffIrms the representations made in its Application; c. the Recipient shall, on January 30 of each year after acquisition of the Project Site, , prepare and submit to FCT an annual stewardship report as required by Rule 9K-7.013, F.A.c.; d. the Recipient authorizes the administrator, employee, or officer named 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, closing documents, statements submitted as a part of the project plan, and Grant A ward Agreement: " 01-067-FFI 03/13/02 Joint Acquisition 9 '-" ( ( ....", Name: DOllglaR M. AnderRon Title: r:ol1nty AdminiRtrator Address: 7100 Vi rgini" Avpntl@. Fort Pi f'rce. FT. 14982 Phone: '561-462-1100 Fax: 561-462-2131 Email: douga@co.st-lucie.f1.us The Recipient must notify the FCT as to any change in the authorization of the administrator, 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. 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, VIII, 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 ofFCT 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: a. An introduction containing the project name, location and other background information relevant to management. b. The stated purpose for acquiring the Project Site as proposed in the Application and a prioritized list of management objectives. " 0l-067-FFI 03/13/02 Joint Acquisition 10 '-' ( ( ..." 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. 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. i. A description of proposed educational displays and programs to be offered, if applicable. ]. 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. I. A schedule for implementing the development and management activities of the Management Plan. m. Funding sources to implement the Management Plan. 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. " 01-067-FFl 03/13/02 Joint Acquisition 11 \..; ( ( ...., 4. To ensure that future management funds will 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. 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: 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.Coo b. A letter from FCT indicating approval of the Management Plan written according to Rule Chapter 9K-7.011, F.A.C., and as described in Section IV above. " " 01-067-FFl 03/13/02 Joint Acquisition 12 '-'" ( (. ..,.¡ 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. 2. The FCT strongly encourages the Recipient to request a courtesy review of its entire Project Plan, prior to subllÙssion 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 FCT review of the Project Plan coincides with the closing date of the real estate transaction(s) associated with the project. 3. Real estate transactions associated with the project may close only after FCT approval of the Project Plan and compliance with all purchase agreement requirements. In addition. pursuant to Rule 9K-8.011(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 determined by the decision of the FCT to reject or approve the Project Plan may request an adllÙnistrative 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 adllÙnistrative proceeding have been filed. ," " 01-067-FF1 03/13/02 Joint Acquisition 13 '-" ( ( ""'" VI. PROJECT SITE ACQUISITION REQUIREMENTS IMPOSED BY CHAPTER 259 AND CHAPTER 380, PART III, 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 FCT 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 party. 2. Title to the Project Site shall be titled in the Recipient, unless the Recipient specifically requests that title shall permanently vest in the Board of Trustees of the Internal Improvement Trust Fund (Trustees). Such request shall be subject to the approval ofFCT and the Trustees. The Recipient hereby elects that title to the Project Site shall be vested in ~t- Tllr";.c r011nry [Note: Insert either the name of Recipient or Board of Trustees of Internal Improvement Trust Fund.] If the Recipient elects that title shall vest in the 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, F.A.C. FCT signature of this Agreement shall constitute approval of this election. 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 11 (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 .' : 01-067-FFI 03/13/02 Joint Acquisition 14 ~ <: ( ...,,¡ 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 Truslees 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 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, .' " 01-067-FFl 03/13/02 Joint Acquisition 15 '-" ( (. ...., 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. VIII. OBLIGATIONS OF THE RECIPIENT RELATING TO THE USE OF BOND PROCEEDS 1. FCT is authorized by Section 380.510, FS., 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 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; " 01-067-FFl 03/13/02 Joint Acquisition 16 '-' ( ( ....,,¡ 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 "disallowable activities." IX. DISALLOW ABLE ACTIVITIES/REMEDlES 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 disallowable activities on the Project Site, the Recipient agrees to immediately 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 disalIowable activity on the Project Site. 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 RESPONSIBILITY TO ENSURE THAT THE CONDmONS IMPOSED HEREIN ON THE PROJECT SITE AS A RESULT OF UTILIZING 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), FA.C.: .' " 01-067-FFI 03/13/02 Joint Acquisition 17 .' '-' t ( -..J 1. Two or more resource-based outdoor recreational facilities including a nature trail and wildlife observation area shall be provided at the Project Site. The facilities shall be designed and located with minimal 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 dominant 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 scrubby flatwood and mesic flatwood communities that occur on the Project Site shall be preserved and appropriately managed to ensure the long-term viability of these communities. 6. The Project Site shall be managed in a manner that protects and enhances habitat for native wildlife species that utilize or could potentially utilize the Project Site. The development of the Management Plan shall be coordinated with the Fish and Wildlife Conservation Commission's Office of Environmental Services to ensure the preservation and viability of native wildlife species in a manner that furthers the Strategic Habitat Conservation Area designation of the area. Periodic surveys shall be conducted to ensure that site management is compatible with the listed species using the Project Site. 7. A vegetation analysis of the Project Site shall be performed to determine which areas of the Project Site need a prescribed bum regime implemented to maintain natural fire- dependent vegetative communities. The development of the prescribed bum program shall be coordinated the Division of Forestry and the Florida Fish and Wildlife Conservation Commission. 8. 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. - ., . 01-067-FFl 03/1 3/02 Joint Acquisition 18 ~ ( ( 'wi 9. A feral animal removal program shall be developed and implemented for cats and other non-native wildlife that may be found on the Project Site. 10. Resource management and security access along the C-25 canal shall be coordinated with the South Florida Water Management District. II. Management of the Project Site shall be coordinated with management of the adjacent County park. 12. 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. 13. 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 provided at either the Project Site or adjacent County Park to provide an alternative to automobile transportation to the Project Site. 14. The Project Site shall be developed and managed as a support parcel for the recreational trail along the C-25 canal and as part of a community-wide recreational trail system that connects the Project Site with other parts of the community and promotes alternative modes of transportation. 15. The Project Site shall be protected and managed as part of linked scrub conservation lands and recreation opportunities within the County's greenway system. 16. 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 COMMUNITŒS TRUST'S OBLIGATION TO PROVIDE FUNDS UNDER THIS AGREEMENT IS CONTINGENT UPON AN ANNUAL APPROPRIATION BY THE LEGISLATURE. " 01-067-FFI 03/13/02 Joint Acquisition 19 ~ ~ To: Submitted By: SUBJECT: BACKGROUND: FCNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: DO APPROVED D OTHER '-' "will Agenda Request Item Number C· 7, ß Date: April 2, 2002 Consent Regular Public Presentation Leg. [ [X] [ ] [ ] Quasi-JD [ Board of County Commissioners Community Development Authorize a Public Hearing to consider applying for as tion 108 Loan for up to $5,000,000 from the U.S, Department of Housing ând Urban Development (HUD) and the State of Florida Department of Community Affairs (DCA). The Florida Small Cities Community Development Block Grant (CDBG) under HUD allows eligible communities to apply for Section 108 loans up to $7,000,000 to benefit low and moderate income (LMI) persons for infrastructure improvements and other CDBG eligible activities including economic development projects that create new jobs. DCA requires two public hearings on this subjec.t. The first Public Hearing allows staff sufficient time to fully investigate the feasibility of a Section 108 loan and schedule a Community Advisory Task Force (CATF) for public input into the process. No funds are required at this time. If the Board of County Commissioners decides to go ahead with a second public hearing to submit a Section 108 loan application for a specific detailed and identified project, then a dedicated revenue stream would need to be identified at that time to repay the loan. The Board approved Resolution 95-065 that adopted a CDBG Citizen Participation Plan that encourages active participation in the planning, examination, and review of all CDBG applications. The plan requires holding at least one public meeting to obtain the views of citizens on community development needs. Staff recommends that the Board Of County Commissioners hold a public hearing on April 16, 2002, at 7:00 PM, or as soon thereafter as possible, on a potential application for a Section 108 HUD loan. Staff will then be able to fully investigate the feasibility of a Section 108 loan, hold a CA TF meeting to gain public input, and then make appropriate recommendations to the Board on the need for a second public hearing. D DENIED " URRENCE: Douglas M. Anderson County Administrator County Attorney Originating Dept.: Finance: Coordination! Signatures Mgt. & Budget: Other: Purchasing: Other: '-' ...., Commission Review: April 2, 2002 COMMUNITY DEVELOPMENT DEPARTMENT Economic Development Division MEMORANDUM TO: County Commission FROM: Community Development Director DATE: March 22, 2002 SUBJECT: Permission to advertise for a Public Hearing to consider applying for a Section 108 Loan for up to $5,000,000 from the U.S. Department of Housing and Urban Development (HUD) and the State of Florida Department of Community Affairs (DCA). The Florida Small Cities Community Development Block Grant (CDBG) program under HUD allows eligible communities to apply for Section 108 loans of up to $7,000,000 to benefit low and moderate income persons for infrastructure improvements and other CDBG eligible activities including economic development projects that create new jobs. DCA requires two public hearings on this subject. The first Public Hearing will allow staff the time to fully investigate the feasibility of a Section 108 loan and schedule a Community Advisory Task Force (CATF) meeting for public input into the process. The Economic Development Division is interested in investigating the feasibility of a Section 108 Loan to be used for infrastructure improvements that could generally be used as part of an inducement package in attracting large employers who would create at least 200 new jobs and invest a minimum of $25 million in real and personal property in St. Lucie County. The HUD loans are issued once a year and are tied to the bond market interest rate, presently at a historic low of 5.5%. These loans are very accommodating and the County would only need to pay back what funds it actually spends. A dedicated revenue source would need to be identified to service the loan over a payback period not to exceed 20 years. However, the new ad valorem taxes of the business should offset that loan debt service. Such a loan would additionally allow the County to pay for needed infrastructure improvements years ahead of schedule knowing that the cost would be offset by the collection of new taxes. The CDBG Section 108 Loan has similar requirements as the CDBG Economic Development Grants. The Section 108 Loans require two public hearings and the process must conform to our Citizen Participation Plan. The BOCC passed Resolution 95-065 on March 14, 1995, that included a Citizen Participation Plan. The plan requires one Public Hearing to obtain the views of citizens on community development needs and the establishment of a Citizen Advisory Task Force (CA TF) to provide input relative to all phases of the project process. St. Lucie County has a CATF in place. A public meeting of the CATF will be held after the first public hearing by the BOCC. A Notice of a First Public Hearing along with Resolution 95-065 and the Citizen Participation Plan are attached to this memo. Staff recommends that the Board of County Commissioners hold a public hearing on a potential application for a Section 108 HUD loan. Staff will then be able to fully investigate the feasibility of a Section 108 loan, hold a CA TF meeting to gain public input, identify potential projects for use of the CDBG Section 108 Loan, and then make appropriate recommendations to the Board on the need for a second public hearing. '-" March 19, 2002 Page 2 If you have any questions, please let me know. DJMJme cc: County Admi ¡strator County Altor ey Finance Direétor Management & Budget Director Purchasing Manager Economic Development Manager ., Subject: CDBG Section 108 Loan Public Hearing """ .., "'" ..."", NOTICE OF PUBLIC HEARING The St. Lucie County Board of County Commissioners proposes to hold a public hearing on: Application for a Section 108 Loan for $5,000,000 from the U.S. Department of Housing and Urban Development (HUD) A PUBLIC HEARING on applying for a HUD Section 108 Loan will be held on Tuesday, April 16, 2002, at 7:00 PM or as soon thereafter as possible, in the County Commission Chambers, 3'd floor of the County Administration Annex, 2300 Virginia Avenue, Ft. Pierce, FL. HUD, along with the Department of Community Affairs require that these loan funds must be used for one of the following purposes: ' 1. To benefit low and moderate income persons; or 2. To aid in the prevention or elimination of slums or blight; or 3. To meet other community development needs of recent origin having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community and where other financial resources are not available to meet such needs. Citizens or groups who have a particular interest in the areas where the proposed Section 108 Loan is to be expended are actively encouraged to take part in the planning, examination, and review of the proposed loan application. In order to provide affected citizens and opportunity to submit their views concerning the community's economic and community development needs, HUD requires that each local government applying for a Section 108 Loan must develop a detailed Citizen Participation Plan, and this and all subsequent public hearings are being conducted pursuant to that plan. All interested citizens may be heard at the public hearing and/or may enter their views or comments in writing with St. Lucie County before the date and time of the public hearing. The Section 108 Loan would be guaranteed by the Florida Department of Community Affairs (DCA), Small Cities Community Development Block Grant (CDBG) annual allocation, and St. Lucie County is eligible to apply for a loan not to exceed $7,000,000. Additional information about the activities that can be carried out with the Section 108 Loan funds may be obtained at the public hearing or from Dennis Murphy, at St. Lucie County Community Development Department, 2300 Virginia Avenue, Fort Pierce, FL 34982, telephone 772-462-1550, between the hours of 9:00AM and 4:00PM, Monday through Friday. In developing an application for submission to HUD through DCA, St. Lucie County must plan to minimize displacement of persons as a result of planned CDBG activities. In addition, St. Lucie County is required to develop a plan to assist displaced persons should there be any. The public hearing is being conducted in a handicapped accessible location. Any handicapped person requiring an interpreter for the hearing impaired or the visually impaired should contact Beth Ryder, Community Services Manager at least five calendar days prior to the meeting and an interpreter will be provided. Any non-English speaking person wishing to attend the public hearing should contact St. Lucie County at least five "" -.I calendar days prior to the meeting and a language interpreter may be provided. To access a Telecommunication Device for Deaf Persons (TDD) please call 772-335-5546. Any handicapped person requiring special accommodation at this meeting should contact Richard Kottler, Jr. at least five calendar days prior to the meeting. This notice dated and executed this 22nd day of Mach, 2002. BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA ISI Douglas Coward, Chairman Publish Date: April 4, 2002 ," " ,- í. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ~ 15 í- 16 r- 17 ';:t 18 19 . 20 () _\ 21 'Vn 23 ( . -) 24 . \ 25 . 26 . 27 ~ 28 ..s 29 ~ ~~ ~ 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 . "'" File Number: 1 "'" '-' - Recorded: 05-30-95 , .. .........-<. bU\J.:"\ 09Sè:S :;E ~ -'sIlL . J.2:29 P.M. ... II· ,. . ;, .,' "'..),: 2 7 :995 RESOLUTION: 95-065 '-'~- L . ~ L ~>', :,' ...¡ ~-_:- .-----;..:..._:..... .~-- A RESOLUTION ADOPTING THE ST. LUCIE COUNTY CITIZENS PARTICIPATION PLAN AS PART OF THE APPLICATION FOR SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS WHEREAS, the Board of County Commissioners of St. Lucie-County, Florida, has made the following determination~: 1. The Board of County Commissioners of St. Lucie County, Florida, intends to apply for funds from the Florida Department of Community Affairs through the small cities Community Development -Block Grant program. 2. The Board recogni~e~ the' need to fo'r there to maximum citizen input in the program planning and project design process for all the Small Cities Community development Block Grant program. r NOW, THEREFORE, BE IT RESOLVED by the Board of County commissioners of St. Lucie County, Florida: A. The County hereby adopts the st. Lucie County Citizen Participation Plan, attached as Exhibit A, which plan provides the citizens of st. Lucie County a format for providing input into the development of the Small cities Community Block Grant program. After motion and second, the vote on ·this resolution was as follows: Chairman Denny Green AYE Vice-Chairman Ken Sattler mE commissioner Gary Charles, Sr. AYE .' " Commissioner Cliff Barnes AYE Commissioner Bavert L. Fenn AYE '¡=, \t. ¡::: : ('ILl''\( e. CùD It .~. [I) \'-"-\ (:>.::, ~Mj. S-i.-\ C;·! .--4.') CVJ\.C\, 0\,_.....,,-(\\"-" .-q,:.;.. :J...<;'.. Rcaolution 95-065 pac:;e 1 Ma:-ch 14, 151SS St..): ( 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 ~B , \ ~·r. ~....', ,-",=- 'WÎ PASSED AND DULY ADOPTED this 14th Day of March, 1995. ATTEST: '5-065(&4) DJK DEPYTY ~~ ~ÓII.v~\~ ~..;":C (~~..::.:~.:. J 1_ t. /!;~..p.., ,.. Clo:......r '" _,~ ¡:~þ '..CI .. ~·<...,1 ~':::::::';.". \~-~ 1!::=' ~ 'r~;,> ç,...~ f'~! "" C=.";;'.1 ,::J!i! ,"::,:""J ~ ~:...I. ~.~!~~ f -i ~ 't- ," ~~~/";~'" ¡C?ð ';.. ',;..... '\ "- '':.:,.,~~~.'~.; l fje:> .\. -.-"',. ~'\.' ~.' '¡:'. c·..... ··..~3 "'r ,,,~~... ~q~ ..:..:.....ç. ......:.....;.. ~. .. ~. ~COU..""· f'\; ":' III . .. ~;rc ~~ March ]4, 1995 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA . ;/;::~_~.,": < '~ C,,) ....... ~ .~... .... ~_ .:i:" .. "~ "./ ..'-'"'. :"-" (;":-' t" , APPROVED AS TO FORM AND '...:>-, - : Reaolution 95-065 Paqe 2 '" "w11Í "" 'WIll Oft. ~OOK 0958 t'AGE 0033 ( ST. LUCIE COUNTY CITIZEN PARTICIPATION PLAN In order to provide citizens with information concerning th~ Community DQvQlopmGnt Block Grant (CD9G) program, Gt. Lucie County will take the following actions: - b. ø. Make availabl~ to the public, in a reasonable and timely manner, information concerning the amounts of funds available for variou~ activitie~ and the range of activitiR~ thòt may be undertaken. Provide-citizens' with adaquate noticé of public hearings, which are to be held at times andloeationG convp~ip~t to potential or actual bene£i~iaries, and with accommodation for the handicapped. If a significant number of non-English speaking ~esidents could rea~onably bQ expected to attend a public hearing, an interpreter will be provided for the language expe~ted to be represented. f c. If any party representing low to moderate income persons requests assistance for developing a proposal for the CDBG, the governing body shall determine the eligibility of the proposed activity. If such ùctivity is el191ble for funding, the party's ideas will be discussed at the First Public Hearing ~n the CDBG application or amendment stage. Information ~vailQble from the state regarding the application process will be provided to interested parties. d. Hold at least one Public Heùring to' obtain the 'views of citizens on community developmcnL ne~ðs. e. ^ citizen advisory task force shall be est~li8hed (composed of citizcnG of the jurisdiction) to provide input relative to all phases of the project process. Residents of low and moderate income neighborhoods shall be included in this task force. The task force membere will be appointed by the governing body before the Second Public Hearing on the project. .. Membera m~y be re-appointed as a standing committee. The task force will meet at its discretion and will offer recommendations as it deeros appropriate. I,. f. Dev~lop and publish a summary of th~ prúpú~~d applicotion that will provide citizena with ~n opportuni ty to exa."ine i tG con ten t", and Bubmi t the i 1: conunents. "D '" ~(y,)!,: 09~ v-.... - ~ 'WfII .. J t:: c ST. LUCIE COUNTY CITIZENS' PARTICIPATION PLßN page 2 g. Consider ð~y comments and viQWG expres8~rl hy citizens on the proposed application-and, if appropriate, modify the proposed application. h. Hold at lea~t one Public Hearing to obtain the views of citizQn~ on thQ final application prior to its subm;~~ion to the department. 1. Hold at least one public Hearing during the çrant implementation process to review the program perfor!t'lð!1ce. This lI1ay be combined with the PublIc Hearing on amendlIlents,if any such hearings a.re required; j . All griQvances and complaints ,will receive a written answer within 15 working days where practicable. Verbal complaints that cannot be reœed~ed immediately will be documented by the beneficiary (or a deRignated' representative Qf St. LuciQ County) and Rigned to be treated as all other written complaints. Complaints should be addressed: -- County Administrator St. Lucie County 2300 virginia Ave., Rm. 203 Ft. Pierce, FL 34994 or call 462-1400 bQtween the hours of R:30 am to 5:00 pm for an appointment. Adopted by governing body the 14th day of March , 1995. ( < ~. "" .., Agenda Request Item Number Date: c - 3('. April 2, 2002 Consent Regular Public Presentation Leg. [ ] [X] [ ] [ ] Quasi-JD [ To: Submitted By: Board of County Commissioners Community Development SUBJECT: Appointment of citizens to serve on Corridor Advocacy Group to proceed with the pr ess seeking designation of SR A1A and Indian River Drive as a Florida Scenic Highway BACKGROUND: On February 6, 2002, the Board of County Commissioners agreed 10 have staff begin the processes for seeking designation of SR A1A and Indian River Drive as a part of the Florida Scenic Highway Program. As we advised the Board at that time, the initial step in this process will be the formation of Corridor Advocacy Group, which is to be comprised of the following: · One (1) Indian River Drive resident · One (1) North Hutchinson Island resident · One (1) South Hutchinson Island resident (incorporated area) · One (1) South Hutchinson Island resident (unincorporated area) · Two (2) residents of SI. Lucie County (at-large) In addition to the above. the Corridor Advocacy Group will include voting representation from the City of Ft. Pierce, the City .of Port St. Lucie, St. Lucie County and the St. Lucie MPO. It is contemplated that these entities will be represented by appropriate staff employees of the organization appointed by the City or County Manager! Administrator. It is not required that membership on the committee be by elected officials. Staffing for the Corridor Advocacy Group will initially be provided through the Community Development Department. Over the next few weeks, county staff will be making ourselves available to the both the City of Ft. Pierce and the City of Port St. Lucie to explain the program and seek comments and input in order to facilitate the designation of these corridors. At the same time we will be asking them who they would like to appoint to the committee from within their jurisdictions, meeting the above cited membership requirements. FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: NIA N!A Staff recommends that the Board Of County Commissioners approve and appoint citizens from the following areas to serve on the Corridor Advocacy Group no later than May 21, 2002. · One (1) Indian River Drive resident · One (1) North Hutchinson Island resident · One (1) South Hutchinson Island resident (unincorporated area) · Two (2) residents of SI. Lucie County (at-large) COMMISSION ACTION: c::KJ APPROVED D DENIED o OTHER CURRENCE: .J Douglas M. Anderson County Administrator ~ County Attorney Originating Dep\.: Finance: Coordination! Signatures Mgt. & Budget: Other: ~ é'~---4 ð- Purchasing: Other: (AGEND612a) j}J Jb-J1) 3ft: · "'" .."", Commission Review: April 2, 2002 COMMUNITY DEVELOPMENT DEPARTMENT Administration MEMORANDUM TO: County Commission FROM: Community Development Director DATE: March 22, 2002 SUBJECT: Appointment of citizens to serve on Corridor Advocacy Group to seek designation of SR A1A and Indian River Drive as a Florida Scenic Highway On February 6. 2002, the Board of County Commissioners agreed to have staff begin the processes for seeking designation of SR A1A and Indian River Drive as a part of the Florida Scenic Highway Program. As we advised the Board at that time, the initial step in this process will be the formation of Corridor Advocacy Group, which is to be comprised of the following: · One (1) Indian River Drive resident · One (1) North Hutchinson Island resident · One (1) South Hutchinson Island resident (incorporated area) · One (1) South Hutchinson Island resident (unincorporated area) · Two (2) residents of St. Lucie County (at-large) In addition to the above, the Corridor Advocacy Group will include voting representation from the City of Ft. Pierce, the City of Port St. Lucie, St. Lucie County and the St. Lucie MPO. It is contemplated that these entities will be represented by appropriate staff employees of the organization appointed by the City or County Manager! Administrator. It is not required that membership on the committee be by elected officials. Staffing for the Corridor Advocacy Group will initially be provided through the Community Development Department. The Corridor Advocacy Group will be responsible for creating the vision and goals of the corridor, which will evolve into the Corridor Management Plan (CMP). The CMP will specify the operational procedures, protection techniques and standards! regulations by which the corridor will be managed and enhanced. CAG will eventually evolve into the Corridor Management Entity (CME), which along with partnerships involving local governments will implement the CMP. Over the next few weeks, county staff will be making ourselves available to the both the City of Ft. Pierce and the City of Port St. Lucie to explain the program and seek comments and input in order to facilitate the designation of these corridors. At the same time we will be asking them who they would like to appoint to the committee from within their jurisdictions, meeting the above cited membership requirements. ... 'r .."", March 20, 2002 Page 2 Subject: Appointment of citizens to Corridor Advocacy Group to submit for designation of SR A 1 A and Indian River Drive as part of Florida Scenic Highway Program At this time, staff is requesting that Board seek appointments from the following areas to represent St. Lucie County's interests on the Corridor Advocacy Group: · One Indian River Drive resident (incorporated or unincorporated) · One North Hutchinson Island resident · One South Hutchinson Island resident (unincorporated area) · Two residents of St. Lucie County (at-large) In order that we may proceed with this program as expeditiously as possible, Staff would request that any appointment to this Corridor Advocacy Group be made no later than May 21 , 2002. If there is any additional information that is needed please let me know. SUBMITTED: nt Director DJMI A1ASCENICHWY1(H) cc: County Administrator County Attorney Planning Manager 0' ~. To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAilABLE: PREVIOUS ACTION: RECOMMENDATION: ,.... ..", Item Number C. 3D Date: April 2, 2001 Agenda Request Consent Regular Public Hearing Leg. [ J [ X ] [ ] [ ] Quasi-JD [ Board of County Commissioners Community Development Dept. Presented By Á 0/YUt~ ~ÆfJ~ I~ Community Development Dire or' Papaya Grove Subdivision - Final Plat Review On February 22, 2002 the Community Development Director approved CD Order-02- 003, which granted Minor Site Plan approval for Papaya Grove Subdivision. This parcel Is located on the east side of Seminole Road, approximately 1/2 mile south of the intersection of Seminole Road and Immokolee Road. There are no subdivision improvements associated with this project. Staff recommends that the Board approve the final plat for the subdivision to be known as Papaya Grove Subdivision, and authorize staff to proceed with its final processing. DENIED - CURRENCE: < Douglas M. Anderson County Administrator County Attorney Originating Dept.: Finance: Coordination! Signatures Mgt. & Budget: Other: Purchasing: Other: · '" '-" wi COUNTY COMMISSION REVIEW: April 2, 2002 COMMUNITY DEVELOPMENT DEPARTMENT Administration MEMORANDUM TO: County Commission FROM: Community Development Director DATE: March 26,2002 SUBJECT: Consider final plat approval for Papaya Grove Subdivision. On February 22 2002, the Community Develop-ment Director approved CD Order 02-003, which granted Minor Site Plan approval for Papaya Grove Subdivision. This parcel is located on the east side of Seminole Road, approximately 1/2 mile south of the intersection of Seminole Road and Immokolee Road. There are no subdivision improvements associated with this project. Staff recommends that the Board approve the final Plat for Papaya Grove Subdivision and authorize staff to complete the final processing of this Plat. p ent Director CPSI Projects/Papaya GroveIPlatlAgenda cc: County Administrator County Attorney ~ ~ " w "1 , ; < ", '3 '''- w > o fr- O 0> !"") U CI ~ ac: -<: o ~iî 3ª "" <J ~ r-"') f-- Z ~ " Ô ~U 6f.3 ì-- « )- <..( Ù. « CL ; ~o {"-J ~~ Vi Z ~2 8 II> ~ (~ ?; >- --' ---m.r:..':.~ '" i¥.;"~-:¡¡- '-"I.'~-- -----........-=- f,"'~ ".' ' . .,' )I"'_.~, ¡;< ;"~'..',.." ~~ - -¡..,::~ -.; i,¡;;;;" . t ,,,., 'i-! ~i .ji ft·} 4- ""' ,.',., ~;t:~ :;;....::,;:f.: ~~~~L ¡m1~ 2J:~I:r. ~: ;~~~~~ i ¡¡I!!!! ~¡~ ::~~- &~ !,?~ II> ~ ~ J~ ::: ~~:~;~~~. ~:. I~; ::~' ~~r '!:: . :~:.~:i .' ~~;~81 ~'.;~1:·~ " '":~'~,8; ¡;::~~~i~> .'; ~ ~.:; .'~~ .~ . ':;:7::~ ';;. :> z a i== .r " Ó .J , ;;;) ~;J~ ~ "::d'~ ~~'~!~;:::~~f g~~"'~ ~ ~ ·"l.,: :;:,' ~ ,- '" ,. ~. ~~~: - to :;:-,:; .~ :-,.'., ~ ~;' ~' ,~i ~ ~1 ~¡ ~I ,,' ~! i,:,;¡ §: ,~ ,J :~0 ]~ fj~ ¡ì~ 2~ ~~ '-' - ;,~,. ';'... i1 , ;: ~ v. . t ~~ ~j!¡ ¡¡I!!¡ ~i~~ ¡!~ .!:'-'.,'" ;m ~~~M ~ ~~~ i J::_~ t' .~ 2~~ f;: , ~tl 'f ~'.I .- m: , ........ ,. ~ .1 ~: .. 6 ~ ~ z , " > " o . . ;¡! ¥ ,.. ~h , ., ~ , ,,~, " 'j~,,, ~t ;;;t: ,',." 'ð ",' ,",- ~ ;¡¡ ,r~~ " '--, , . ~ '<: ~~:! - - , " r;: ,-~- ;.~~ - t'.] :-.:;, "".. , ~:> ~:: :-, - "". ...... ~'~ ~> , ~~~ ;! - ,; ::j ~ f ~ . , ~ 5, ~¡ " ª! ~ g~ ~,3~i ~~§~ ~~~~ ~~~~'t' ~,f~~ " - ~~ :¡, I i~fl ~: ~ :~ " L:< .. ~"i 'J dð ~..! ;,. :ï;" " , " .. 5 >, ~, ., Œj ,':i ~¡ h':t :i! ~ ?! ".; "'- ,,-,.. "'1:;, } ~ ~t. n .~ ~ ;':,.. m ~ !i ;~~ ~ ~; ~ ;~; ~~i £~g i~:i i ". r, ~ i~ .> ~2 ::t.; ~~ " rt, ~~B 4"£_ i:£Z e.~ ~~~ , ".~ ~~3 5~~ ~~~ ~~~. ~f !~ ð· I: ~z";l ¡~ ii¡ ¡~ ~! :~ ~! ;~ ~¡ ~~t I I:! !I! i,1 I" " IE " :1 "',: , ~ 6 ~H ¡,o'Ii. ~~~ ~ ~i~ > :f;~ II' ~i~ ~,:,:l î,~ I !;~. ~ ¡ L'~~ ~~¡ ~, ,,~, !J; ~~ ¡ . i:l~,.r 1:.... I i~~~ :~i " ~, S;; ~ ð; '); "' ~:! ,'~ jj ~j ;: :i! . :"- t¡ i~i'- ~-~-=-;,u . ...., - 0:. , ~ ~ , N ~" ~ ~~~ -- E" ..:¡ 1- 0- -~- ~II .:$2 ~~ß' : ü ?ç;'~"'- , ... !:~i¢.';'~ë5!. i .;....,¿;- v .:;~gj.:~ "" 'ê w:t~.;' ~ : ~i;~I II" I' ~ ~~;~'~ ('~ O'~ j 5 Å,~- f?~..J ,"' Y. ~ ,. ~~ ~ ~~ '" '~.¡¡.'¡.'.¡.;,' i ~ 21 ':'"," ~! ¡ ¡11M! ',..·....':;t~;; 1mm, , c ~; ~~ 3~ " -..~rf ..,1;1.... ~~~~ ~~~t ~t~~ ;~~,; ~~~L ¡ !;!~!! . " ',' ;';~ ~2 !9 ë!¡;¡ ~ :~~~~~f& f~~" '.¡~ '~I~!'¡!' ~a~i~1 ~!~!~!I. E.i!§~ah !j~!~I.~ . e;hJudla , .~ lU"! t d~mdi Ie ,< fl\j ~ ;1 !1 >, '3: ~c ~~- .:'i.. U~.:;: ¡:'. ..i~ i~ )~ !~~; :; !~~i im ~ ~~~ I-~ ~ i~ " . " ] I ./ I !It , ! ;~ r ¡.; ~ ¡;., I~ L: ill ;." " ~i t, ~ 1 ~I ~~ ~ ¡ 11. 11. ¡¡ .,~ i '!i ~:! '~~cc=.JHi " \ __. _ J _ J ¡!: --. - '\ -'1'.;;'-+~~ ~:-,,"·=-·=·"T'~~~_·t :,!1 . \ -ì \ I I': .~ \\ ~ \ ..~' II ··tf· , \ .¡ .' : §! \ ¿;'. \ ~,;.¡ . ¡.Ii .; \ .~ i ~ \ ? J ¡ ': 3"~~~.''''~~\~ 1'1'~"'" ~-~\--'_~'7~-'~ -'1 .'!~,~ t I-~ \ ¡ë f"'" \ ! ~ ~i¡ g §'~.' (j~)' ~:.._i. !,'_~,;,:i.~:·. .',J ~¡ .. ~i!!, \-~-/ ~ ' l:;(i~Ã --;._~._,'"'..- . ..~;-; ·::.?"f~;,""'" "..~.. "'l ---' ~,..". ,,~ ~ !~! ~\ \" ì !!¡ \ 'I \ ¡ \ tj! ¡: .f, )\., ii" I ø " \ " !\Ji \ L' I ! , ;11 .-~. .. -- -1:" ,,,,.~. fI, \ !.I .11.1 " -. ^ f':,' '" " " , " ::-: ;; ;i~~, :;. ·x ,:.~" .: ~! ':~ ~ ..~;¡j,~ ~ C'" "...." t;~~, ~ '~ J 'f .. I i~r~ ,..; .' ;~! :~,~j ~J~I )·~I ~~>i ;ffi:1 ~~~ ;;"~ ;r . !!IIi ~; ¡t~J~~J ,",. "'.., ". ..:~' '" :~ . . ~ _.,.Ie"'" ~. ~ >- (f) <:: u e; C ld '.:) W z > ,"- a:: 0 <t T' 0 0::.: I- 5:: C) ::) 0 0 _J tf1 u. « <I' ,. >- r<J i- z <1- 0.. ::) -.I., T 0 Q.. ii1 u <{ z w ~ CL 0 Ö ~ ~- .. =1 , - <D' .' ~ ,~ i- 01 Z 0 ¡:: U W (f) L. Ü :z >' -. .~8·tç\O~'" ...IK.U;,_ . . ., §~ , ..,. -- ...-. ---- ._.~--~ - --. -." -=.'-.- ~-""""--'-. '. --~-. ----".,. -- --,- .' ." .., ........ -.-...·_:·..r....~. '. -., . .... . ! ~ . . ;'. !- ~" ( .. 'f ;;;; " " ... '¡. I, , I , i d i.,~j: . ~;!i !¡: ...¡" - Q, , "" .. .. ' ~ \-.. .,. ~.3 5... i :: ~J ~ ~' ~~ £ ~~¡~t~~' 'l-"¡¡~¡¡ i~O~%~@~ !~li~211' . .3~v~la lð>Bþf ~~~~~a!:o ãH< !i g!~..dnl .f;'i!U<5 t jiðslsdI I~ ." " v ~ ...,/ ~3E !'fti ~' Agenda Request Item Number Date: Apr. 2, 2002 Consent Regular Public Hearing Leg. [ ] [ X ] [ ] [ ] Quasi-JD [ SUBJECT: Consider authorizing permission to advertise for RFP for the_ opment of a urban land use density and intensity review for the central/eastern portion of the unincorporated area of St. L cie County. Various areas within unincorporated St. Lucie County have been considered for land use density and intensity modification, Such modifications would be for the purpose of recognizing environmental limitations that may preclude development densities or intensities as broadly represented under the currant future land use maps and such modifications could consider the expanding demand for urban area land uses and intensities in areas previously considered as agricultural. This study is designed to evaluate the current land use conditions, account for projected community growth levels through a 50 year planning horizon an d provide recommendations as to what if any, adjustments need to be made to the county's exiting land use pattern, including the location of the county's urban services line. This study is to be conducted consistent with the general state and local policies regarding concentrating urban development and limiting the issues of urban sprawl. To: Submitted By: Board of County Commissioners Community Development Dept. BACKGROUND: The study for this project wiil be ail areas of the unincorporated county lying east of the existing urban service boundary. The study area is also to include an analysis of the areas immediately adjacent to the existing urban service boundary if through the course of the project study it is determined that insufficient land areas exist to meet projected growth rates at the anticipated development densities and intensities. However, the study area shail not generaily exceed any areas west of a line running north and south along the Range line Road! Shinn Road Corridor. The study area shail not include the coastal barrier islands. The project study area shail be divided into at least three sub-zones or planning areas that recognize the geographic areas of the County. The general schedule for the release and evaluation of this RFP is as foilows: A. On April 5, 2002, the Board issues the RFP. B, From April 15, 2002 to May 3,2002, the County will receive and answer inquiries received by mail. C. The County must receive the Proposals by 3:00PM on May 15, 2002. Once a proposal is selected and a contract entered into, it is expected that this project wiil take approximately 12 months to complete, FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: 102-1510-531 ()()"1 00 (planning! professional services) Staff recommends that the Board authorize permission to advertise for RFP for the development of a' urban land use density and intensity review for the centraVeastern portion of the unincorporated area' - of St. Lucie County. . ,- Coordination/ Signatures Mgt. & Budget: Other: COMMISSION ACTION: Œ APPROVED 0 DENIED o OTHER Approved with modi fi r.iJ+i ons to "Scope of Work" County Attorney Originating Dept.: Finance: Purchasing: Other: (agend621a) ....... ...., ~.; COMMISSION REVIEW: April 2, 2002 COMMUNITY DEVELOPMENT DEPARTMENT Administration MEMORANDUM TO: County Commission FROM: Community Development Director DATE: March 28, 2002 SUBJECT: Consider authorizing permission to advertise for RFP for the development of a urban land use density and intensity review for the central/eastern portion of the unincorporated area of St. Lucie County. Various areas within unincorporated St. Lucie County have been considered for land use density and intensity modification. Such modifications would be for the purpose of recognizing environmental limitations that may preclude development densities or intensities as broadly represented under the currant future land use maps and such modifications could consider the expanding demand for urban area land uses and intensities in areas previously considered as agricultural. This study is designed to evaluate the current land use conditions, account for projected community growth levels through a 50 year planning horizon an d provide recommendations as to what if any, adjustments need to be made to the county's exiting land use pattern, including the location of the county's urban services line. This study is to be conducted consistent with the general state and local policies regarding concentrating urban development and limiting the issues of urban sprawl. The study for this project will be all areas of the unincorporated county lying east of the existing urban service boundary. The study area is also to include an analysis of the areas immediately adjacent to the existing urban service boundary if through the course of the project study it is determined that insufficient land areas exist to meet projected growth rates at the anticipated development densities and intensities. However, the study area shall not generally exceed any areas west of a line running north and south along the Range Line Road! Shinn Road Corridor. The study area shall not include the coastal barrier islands. The project study area shall be divided into at least three sub-zones or planning areas that recognize the geographic areas of the County. The general schedule for the release and evaluation of this RFP is as follows: A. On April 5, 2002, the Board issues the RFP. .' B. From April 15, 2002 to May 3, 2002, the County will receive and answer inquiries received by mail. C. The County must receive the Proposals by 3:00PM on May 15, 2002. ~ -.J March 28, 2002 Page 2 Subject Consider authorizing permission to advertise for a RFP for the development of a urban land use density and intensity review for the centraV eastem portion of the unincorporated area of SI. Lucie County Once a proposal is selected and a contract entered into, it is expected that this project will take approximately 12 months to complete. Staff recommends that the Board authorize permission to advertise for RFP for the development of a urban land use density and intensity review for the central/eastern portion of the unincorporated area of St. Lucie County. If you have any questions, please let me know. SUBMITTED DJMI RFP02XXX_LANDUSEMEM01 (H) cc: County Administrator County Attomey Planning Manager Purchasing Director ~ RFP # 02-XXX URBAN SERVICE BOUNDARY STUDY Due Date: May 15, 2002 Due Time: 3:00 PM S1. Lucie County Purchasing Department 2300 Virginia A venue, Room 228 Ft. Pierce, FL 34982-5652 (561) 462-1700 ....¡ " """ .., BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REQUEST FOR PROPOSALS Sealed Proposals will be received at the Purchasing Department, 2300 Virginia Avenue, Fort Pierce, FL 34982, until 3:00PM local time on Wednesday, May 15, 2002, for the following: RFP # 02 - XXX URBAN SERVICE BOUNDARY STUDY RFP 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 #XXXX or contact the Office of the Purchasing Director at 2300 Virginia Avenue, Fort Pierce, Florida, 34982, (561) 462-1700. RFP's may be either mailed or hand delivered to the Purchasing Department, 2300 Virginia Avenue, Fort Pierce, FL 34982. Any RFP'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/Proposals 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. Board of County Commissioners St. Lucie County, Florida By: Michael Rath, CPPO, CPPB, Purchasing Director PUBLISH: April S, 2002 BILL & PROOF: Board of County Commissioners 2300 Virginia Avenue Ft. Pierce, FL 34982 RFP-02-000 Page 2 I i,:" -' . ..... -..J Table of Contents Part I General Information 1-1 Definitions 1-2 Invitation to Propose; Purpose 1-3 Issuing Office 1-4 Awards 1-5 Development costs 1-6 Inquiries 1-7 Timetables 1-8 Delays 1-9 Proposal Submission and Withdrawal 1-10 Rejection of Irregular Proposals 1-11 Addenda 1-12 Equal Opportunity 1-13 Oral Presentation 1.14 Insurance 1-15 Lobbyist Disclosure 1-16 Public Entity Crimes Statement Part II Statement of Work 2-1 Background 2-2 Scope of Work Part III Instructions for Preparing Proposals 3-1 Rules for Proposals 3-2 Proposal Format 3-3 Proposals Questionnaire Part IV Evaluation of Proposals 4-1 Evaluation Method and Criteria Part V Proposer Information 5-1 Proposer Information Form Part VI Questionnaire Proposer's Questionnaire Form .' 6-1 , RFP-02-000 Page 3 "'" ...,; ~ ~,": í;.' GENERAL INFORMATION PART I 1-1 DEFINITIONS For the purposes of this Request for Proposals ("RFP"), Proposer shall mean contractors, consultants, respondents, organizations, firms, or other persons submitting a response to this Request for Proposals. 1-2 INVITATION TO PROPOSE; PURPOSE The Board of County Commissioners, St. Lucie County, Florida (the "Board") solicits offers for an Urban Service Boundary Study. 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 Proposer understands that this RFP does not constitute an agreement or a contract with the Proposer. An official contract or agreement is not binding until Proposals are reviewed and accepted by the Board and both the Board and the successful Proposer approve a written agreement or contract. The Board reserves the right to reject all Proposals, to waive any informality, and to solicit and re- advertise for other Proposals. 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 RFP. Proposer should prepare their Proposals simply and economically, providing a straightforward and concise description of the Proposer's ability to meet the requirements of the RFP. 1-6 INQUIRIES The County will not respond to oral inquiries. Proposers may mail or fax written inquiries for interpretation of this RFP to: Michael Rath, CPPO, CPPB St. Lucie County Purchasing Director Administration Annex 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 Proposals. RFP-02-000 Page 4 "'" ....I ~ 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 Proposals. 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 RFP. 1-7 TIMETABLES RFP. The Board and the Proposers shall adhere to the following schedule in all actions concerning this A. On April 5, 2002, the Board issues the RFP. B. From April 15, 2002 to May 3, 2002, the County will receive and answer inquiries received by mail. C. The County must receive the Proposals by 3:00PM on May 15, 2002. D. From opening time, the Board and County staff will review and evaluate the Proposals on a timely basis. E. The Board may enter into a contract after conducting negotiations and obtaining appropriate approvals. The County will notify unsuccessful Proposers at this time. 1-8 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. 1-9 PROPOSAL SUBMISSION AND WITHDRAWAL The County will receive Proposals at the following address: St. 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: "(Urban Service Boundary Study RFP #02-XXX)". The envelope shall also include the Proposer's return address. Proposers shall submit fifteen copies (15) 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 PROPOSALS BY 3:00PM ON MAY 15, 2002. Due to the irregularity of mail service, the County cautions Proposers to assure actual delivery of. ._ Proposals to the County prior to the deadline set for receiving Proposals. Telephone confirmation of timely ~ receipt of the proposal may be made by calling (561) 462-1700 before proposal opening time. Proposals received after the established deadline will be returned unopened to the Proposer. Proposers may withdraw their Proposals by notifying the County in writing at any time prior to the opening. Proposers may withdraw their Proposals in person or through an authorized representative. Proposers and authorized representatives must disclose their identify and provide a signed receipt for the proposal. Proposals, once opened, become the property of the County and will not be returned to the RFP-02-000 Page 5 '-' ..J ~~ Proposers. Upon opening, Proposals become "public records" and shall be subject to public disclosure in accordance with Chapter 119, Florida Statutes. 1-10 IRREGULARITIES: REJECTION OF PROPOSALS Proposals not meeting stated minimum terms and Proposals might 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 St. Lucie County or who have failed to perform faithfully any previous contract with the County or with other governmental jurisdictions. The County reserves the right to reject any or all Proposals without cause. 1-11 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 RFP. This will be adhered to even if the opening date must be postponed in order to observe the time requirements. Any changes to the RFP 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. 1-12 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. The County requests minority and women business enterprises to submit evidence of such classification with their Proposals. 1-13 ORAL PRESENTATION Agencies that have been selected for the final short list will be expected to render an oral presentation based on past achievements, staff qualifications, and overall capabilities with special emphasis on Comprehensive Planning. The Board or staff will schedule presentations. 1-14 INSURANCE The Proposer, if awarded a contract, shall maintain insurance coverage reflecting the minimum amounts and conditions required by the County. 1-15 LOBBYIST DISCLOSURE REQUIREMENT Pursuant to Article IV of Chapter 1-2 of the Code of Ordinances of St. 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. 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. RFP-02-000 Page 6 "" "'wI 1-16 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. " RFP-02-000 Page 7 '" ...",., STATEMENT OF WORK PART II BACKGROUND Various areas within unincorporated St. Lucie County have been considered for land use density and intensity modification. Such modifications would be for the purpose of recognizing environmental limitations that may preclude development densities or intensities as broadly represented under the currant future land use maps and such modifications could consider the expanding demand for urban area land uses and intensities in areas previously considered as agricultural. This study is designed to evaluate the current land use conditions, account for projected community growth levels through a 50 year planning horizon an d provide recommendations as to what if any, adjustments need to be made to the county's exiting land use pattern, including the location of the county's urban services line. This study is to be conducted consistent with the general state and local policies regarding concentrating urban development and limiting the issues of urban sprawl. STUDY AREA The study for this project will be all areas of the unincorporated county lying east of the existing urban service boundary. The study area is also to include an analysis of the areas immediately adjacent to the existing urban service boundary if through the course of the project study it is determined that insufficient land areas exist to meet projected growth rates at the anticipated development densities and intensities. However, the study area shall not generally exceed any areas west of a line running north and south along the Range Line Road/ Shinn Road Corridor. The study area shall not include the coastal barrier islands. The project study area shall be divided into at least three sub-zones or planning areas that recognize the geographic areas of the County. PROJECT SCOPE OF WORK TASK 1: PROJECT START UP Task 1 will consist of the formation of a Steering Committee to provide ongoing input throughout the study. The overall project manager for the County will be the Planning Manager. 1.1 Steering Committee A Steering Committee will provide input and technical guidance to the Consultant throughout the project. The membership of the Steering Committee shall be comprised of a staff representative of the following County Departments: 1. St. Lucie County Community Development Department (2, including the Project Manager ). 2. St. Lucie County Public Works DepartmenV Resource Management Division 3. St. Lucie County Public Works DepartmenV Engineering (Transportation) 4. St. Lucie Metropolitan Planning Organization 5. St. Lucie County Utility Department 1.2 Kickoff Meeting The Consultant will conduct an initial organizational meeting with the Steering Committee to review issues related to project administration including: 1. Study goals and objectives 2. Review of work plan 3. Available resources RFP-02-000 Page 8 "" ..¡ 4. Project reporting 5. Project time table and completion dates 6. Meetings, presentations, and public involvement 7. Contract and electronic document deliverables The Consultant shall send to the Project Manager a Memorandum of Understanding stating the Consultants understanding of the consensus obtained in the Staff Meeting. If the Project Manager does not agree, outstanding issues will be resolved via a telephone conversation. If needed, a revised Memorandum of Understanding shall be submitted expressing a consensus understanding. 1.3 Public Involvement Plan The consultant shall develop a Public Involvement Plan detailing how the public will be involved throughout the duration of the project, especially in developing alternative land use and transportation visions. The Plan shall include a timeframe for scheduling public meetings. Other mechanisms for public involvemenV community outreach should be considered in the Plan such as a project newsletter, a project web site, or community surveys. 1.4 Geographic Information System Coverages A geographic information system will be used to develop an ongoing database management protocol. The consultant shall schedule and attend one meeting with each of the following agencies to obtain required data and obtain an understanding of data structure, accuracy, and other relevant information. · St. Lucie County Community Development Department · Treasure Coast Regional Planning Council · South Florida Water Management District · Department of Environmental Protection The consult shall obtain the most recent GIS coverages related to the following features: 1. future land use designation 2. wetlands 3. zoning 4. uplands (or other ground cover) 5. digital images 6. parcel boundaries 7. transportation network The consultant shall contact St. Lucie County and regional agencies such as the Treasure Coast Regional Planning Council, South Florida Water Management District, Department of Environmental Protection, etc., to obtain available GIS coverages. The consultant shall load the GIS coverages into a GIS platform to allow for analysis and database construction related to this project. Environmentally sensitive lands shall be mapped within the study area to guide the development of alternative urban land use plans. The consultant is responsible for keeping meeting notes and distributing such to meeting participants one week after meeting. A computing platform loaded with the tax rolls for St. Lucie County shall result from this phase of Task 2. .' " TASK 2: DEVELOP A VACANT AND REDEVELOPABLE LAND INVENTORY Task 2 will consist of the following activities: 2.1 The consultant shall inventory vacant and redevelopable land within the study area. The resulting RFP-02-000 Page 9 ~ ..J ~ t'· database will track such land based upon its development potential via the underlying future land use designation, environmental constraints, land use type and location. 2.2 The Consultant shall inventory and estimate the number of existing and approved residential developments/units in the project area (by unit type) and estimate the number of residential units (by unit type) approved, but not built within the existing Urban Service Area. 2.3 The Consultant shall inventory and estimate the amount of non-residential (commercial) developmenV square footages in the project area. The consultant will determine the residential to non-residential ratios for the various planning areas within the project area. In Task 3, the consultant will provide estimates and recommendations of the need to increase or decrease the amount of commercial lands within a planning area. 2.4 The consult shall obtain the most recently published tax roll from the St. Lucie County Property Appraiser. The consultant shall meet with pertinent staff of the St. Lucie County Property Appraisers to understand the strengths and weaknesses of using the tax rolls to identify vacant and redevelopable land. The meeting shall also be used to gain an understanding of the relevant fields within the tax rolls for identifying vacant and redevelopable land. The consult shall load the tax rolls onto a computing platform to allow for analysis and database construction related to this project. 2.5 Land Use Database Construction The consultant shall develop a system of data keys to allow for the linking of tax roll data to the GIS coverages. The consultant shall develop a methodology for identifying vacant and redevelopable property from the information contained within the tax rolls and GIS coverages. The methodology should categorize land at the parcel level to the following categories: · industrial · general commercial · limited commercial · office · single family residence · multi-family residence · active parks · passive parks (conservation) · agricultural · government and community services · Department of Revenue use code · utilities. 2.6 Aerial Photographic Review Aerial photographic review from existing aerial photographs shall be conducted to verify the development status of particular parcels or to verify other pertinent data required of the methodology to develop a vacant and redevelopable land inventory. 2.7 Final Report (presented as part of Task 5) The final report shall contain a description of each data source, its reliability, accuracy, and relevance to the studys objectives. The proposed methodology to develop a vacant and redevelopable land inventory shall be described in detail. All data inputs, outputs, and relationships shall be detailed. Assumptions shall be disclosed along with justifications for each. G IS maps shall be produced reflecting environmentally sensitive lands, vacant acreage, and land with redevelopment potential, and the current adopted future land use designations. .- " RFP-02-000 Page 10 '"" ....., ~ TASK 3: DEVELOP ALTERNATIVE LAND USE AND TRANSPORTATION VISIONS Task 3 entails the creation of detailed alternative urban land use and transportation plans in the study area. The existing Future Land Use Maps of the study area will form one land use alternative. Other alternatives will be developed through community input. The transportation visions shall be selected through a process of public involvement and technical analysis that will result in a 2025 Alternative Needs Plan for each land use alternative that meets the adopted level of service standards of the local governments or demonstrates how adopted level of service standards may be revised to better address quality of life through improved forms of alternative transportation options without making major capital investments in expanding the County's roadway network. One Objective of this analysis is to determine if there are ways other than "building more roads" to address future growth and transportation needs. As part of this final reports for this Task, the Consultant will recommend adjustments to the current future land use map. or map series, based upon the proposed land use alternatives reviewed. If any alternative urban land use plan proposes any adjustment to the existing urban service boundary, any such recommendation shall be accompanied by a revised capital improvement program demonstrating how urban services will be extended to these areas. Any recommendations to adjust the Urban Service Boundary shall provide for a compact urban form. LAND USE VISIONS Three (3) unique urban land use visions shall be created by the consultant. The consultant shall create all necessary public information and working quality-control graphics to develop and finalize all land use alternatives. The consultant shall be responsible for preparing and translating technical information to readily understandable graphics and support material for presentations to public, and steering committee. The consultant shall present the results of the analysis of the various alternatives. Formal presentation will be required pursuant to the Schedule of Meetings. The selected land use alternatives shall be based on the input received through the Steering Committee, and public involvement. Development of CommunitY Elements The consultant will structure the alternative land use visions around the development of Community Elements for the study area. Community Elements comprised of existing, modified and new land use types within the study area will identify development potential within each Traffic Analysis Zone. The Community Element model will enable the modification of TAZ data and travel characteristics associated with alternative development patterns within the study area. This will reflect the land use inventory and the public involvement program developed in previous tasks. The Community Elements will help shape the alternative land use visions and will determine the ULAM allocation of socioeconomic data for each alternative. The consultant will present the Community Elements model to the Steering Committee prior to its application in the development of the land use visions. Community Element types and associated characteristics will be documented in both narrative and graphic (photos or images) form by the consultant as part of this Task. . Sustainable Community Vision The consultant shall construct FSUTMS and ULAM input files reflecting a sustainable community vision for St. Lucie County. The public involvement plan described in Task 1.x shall be designed to generate this vision. The public involvement plan shall be presented to the Steering Committee for review and approval prior to commencement. The vision expressed within the resulting input files shall be presented to the St. Lucie County Board of County Commissioners for review and approval. ,. .... " . Existing Future Land Use Maps The consultant shall rely upon the FSUTMS and ULAM input files created by the St. Lucie MPO as part of the development of their respective 2025 Long Range Transportation Plans to reflect the existing Future Land Use Maps of St Lucie County. The existing Future Land RFP-02-000 Page 11 "" 'wi Use Maps reflect a continuation of land use amendments for big box retailers, strip commercial, and single use residential spread across the Urban Service District of St. Lucie County. This will serve as the base land use scenario. TRANSPORTATION VISIONS The consultant shall develop a 2025 Alternative Needs Plan for each alternative land use vision that meets travel demand at the County's adopted level of service standards. All proposed transportation facilities shall be described in enough detail to develop generalized cost estimates For each alternative. Fatal flaws such as roadway and corridor physical constraints, potential massive relocation of businesses; and residences required by proposed projects, and the policy constraints of air quality legislation and maximum facility size will be emphasized. The consultant shall be responsible for coding, editing, and debugging the transportation network data to support the FSUTMS for all network alternatives. FSUTMS along with other suitable analytical methods will be used to determine the transportation demands for the various highway and non-highway transportation system alternatives for each alternative land use plan. Appropriate data will be imported into a database system where the majority of the evaluation will take place. The consultant shall also create all necessary public information and working quality-control graphics to develop and finalize all system alternatives. The consultant shall be responsible for preparing and translating technical information to readily understandable graphics and support material for presentations to the Project Partners, public, and steering committee. The consultant shall present the results of the analysis of the various alternatives. Formal presentation will be required pursuant to the Schedule of Meetings. If the transportation system alternatives do not provide the level of service required by local governments, additional alternatives generation shall be conducted. In creating the 2025 Alternative Needs Plan for each land use alternative, the consultant shall first perform an evaluation of each alternative land use vision against the existing plus committed (E+C) transportation network (the "base" network, see Network 1 below). Following this evaluation, the consultant will develop an alternative transportation network for each alternative land use vision that supports the land use vision and seeks to achieve the level of service standards adopted by the County as well as maximizing any transportation system performance measures developed through the public participation process. As such, the consultant will develop up to four separate transportation system plans for evaluation in conjunction with the alternative land use visions A screening process similar to those employed through the St. Lucie MPO's Congestion Management System will be used to identify transportation projects or strategies that make sense given the land use and transportation system characteristics. Appropriate projects and strategies will be matched with each alternative land use vision to form a system plan for network coding and testing. The consultant will then perform FSUTMS model runs and other analyses to quantify the level of service results and assess other performance indicators. Each alternative vision will have a corresponding transportation system plan developed and evaluated. A 2025 Needs Plan for the study area will be developed from the analysis of the alternatives. Additional testing may be performed for the 2025 Needs Plan based on the combination of transportation projects and Community Elements chosen. This additional testing will help identify project priorities and timing of system improvements. · NETWORK 1: Existing Transportation System ("Base Case" Alternative) " The Existing-Plus-Committed (E+C) Network will be developed by the consultant by adding all projects listed for construction in the MPO's most recent Transportation Improvement Program to the 1996 base network. The most recent transportation related Capital Improvement Programs shall also be included in the E+C Network. The consultant shall also review the MPO's Transit Development Plans and the Transportation Disadvantaged Service Plans and include capital and operating projects RFP-02-000 Page 12 ~ 'WI targeted for the five year period. Essentially, all projects for which funding has been identified will be included in the E+C Network. The consultant shall evaluate a 2025 trip table with the E+C Network to determine service deficiencies for each land use alternative. Service deficiencies as measured against the adopted LOS standards of local governments will form the basis of recommended network alternatives to be developed. Each of the following example networks are candidates for development and testing as part of the alternative land use visions; however, the specific networks to be tested depend on the alternative land use visions developed and concurrence by the Study Partners. Up to four additional networks beyond the E+C "base" network will be developed that reflect alternative land use visions and tested to select a preferred 2025 Needs Plan For the study area. · NETWORK 2: TDM Measures and Low-Cost Transit Improvements Develop Transportation Demand Management (TDM) and low-cost pedestrian. bicycle, transit, and roadway projects for each alternative land use plan. The use of Intelligent Transportation System applications for these types of projects shall he considered. This alternative shall be developed before higher cost transit or roadway projects are developed The analysis of this alternative will identify the mode shift potential and the degree to which the community's multimodal, social, and environmental objectives can be achieved through these types of relatively low cost/low impact actions. Additional case studies, research, and professional methods shall be employed to further define the mode split potential of TDM measures and low-cost transit, pedestrian, and bicycle projects. All assumptions must be fully disclosed and professionally accepted for credits to be provided for any mode split claims. The development of the system alternatives for TDM measures and low-cost transit projects shall also contain an analysis of the long term impacts of the allowances granted by Florida Statute and the Florida Administrative Code for transportation concurrency. · NETWORK 3: High-Cost Transit Improvements ("Full Build-out Transit! TDM Alternative) Develop high-cost transit improvements, low-cost pedestrian, bicycle, transit, and roadway projects, and TDM measures (Full Build-out TransitfTDM Alternative) for each land use alternative. The use of Intelligent Transportation System applications for these types of projects shall be considered. Network 3 builds on Network 2 by developing higher-cost transit actions, along with the lower-cost actions (analyzed in Network 2). The analysis of this network will determine the ability of transit to meet the transportation deficiencies identified in the model and advance the goals of the County. . NETWORK 4: Full Build-out Highway (and Full Build-Out Transit! TDM Alternative Develop a "Full Build-out Highway Alternative" in conjunction with the "Full Build-our TransitfTDM Alternative" for the future land use plan. The use of Intelligent Transportation System applications for these types of projects shall be considered. Significant highway needs may exist even after all high and low-cost pedestrian, bicycle, transit, and roadway mprovements and TDM measures have been considered in Networks 2 & 3. " After the Full Build-out TransitfTDM Alternative has been developed (Network 3), it will be necessary to determine what additional projects (e.g., highway) would be needed to meet the transportation system needs. For example, the model will likely continue to show deficiencies on the highway network after all possible transit and TDM improvements arc investigated. The deficiencies could be alleviated, through the model, with highway modifications. The consultant will meet with the Steering Committee to review the future alternatives for clarity, RFP-02-000 Page 13 "" ...,; ~ completeness, and presentation format. The consultant will make revisions as directed. The consultant shall aUend at least three community meetings to gather input on the 2025 Alternative Transportation Needs Plan. These presentations by the consultant will have information in maps, graphics, figures, and tabular format that can be readily understood by the public. The consultant will provide a summary of the key issues at each meeting. Final Report (to be presented as part of Task 5) The final report will document the entire process of developing the various plans with appropriate tables and graphics. A database will be provided showing projects that were used for each alternative and will form the basis for the generalized cost estimates associated with each alternative. The report will describe in detail and with sufficient graphics the 2025 Alternative Transportation Needs Plan for each alternative land use plan. The final product of this task shall include complete coded, edited, and debugged FSUTMS and ULAM files for the alternative land use and transportation visions. TASK 4: ANAL VZE LONG TERM COSTS AND BENEFITS OF ALTERNATIVE LAND USE AND TRANSPORTATION VISION The visions created in Task 3 will be analyzed with the Florida Standard Urban Transportation Model Structure as part of Task 4. Other qualitative and quantitative issues will also be analyzed. The following is a description of the work products that will result from or be utilized by this project. Criteria to finalize the alternative land use plans will also be developed and will contain both qualitative and quantitative comparative analyses of the systems to rank policy impacts. cost effectiveness, environmental, social, community, and transportation impacts. A preferred land use and transportation vision is the result of this task. Analysis of Alternative Land Use and Transportation Plans The following issues shall be qualitatively or quantitatively analyzed for each land use and transportation vision as appropriate. An analysis of each alternative future land use plan for a predetermined number of altemative transportation networks shall be performed for the 2025 horizon using control total population estimates provided by the County. The results of these efforts will be used in this project for comparison with existing conditions. Rioht-of-Wav - A generalized right-of-way map for each network configuration delineating both the available and future right-of-way needs. This will be at a planning level of analysis indicating known right-of-way constraints and corridors where sufficient right-of-way is known to exist for additional travel lanes. The design requirements for identification of new right-of-way needs at intersections is not part of this study. Community Impacts - Values of the community, as defined by the County Commission, shall be considered in the development of the 2025 Alternative Needs Plan. A consensus on such values shall be sought as part of the Community Meetings and Public Involvement Plan. Explicit consideration of the community values shall be presented in the 2025 Alternative Needs Plan and shall include such issues as maximum lanes, roadway design, buffers, transportation funding, travel options, property tax base and others. The lack of consensus on community values shall be noted. Community values are expected to vary throughout the study area. Environmental Impacts - The consultant shall analyze from a general order of magnitude both primary and secondary impacts. Direct or primary impacts include such issues as potential disruption of water flows, destruction of wetlands, noise and air. Secondary or indirect impacts are caused by an action later in time or farther removed in distance but are reasonably foreseeable as a result of the transportation project or resulting induced development. ,- ~ Proiect Cost Estimate The report will provide tables showing project scopes and generalized cost estimates that were used for each alternative. The cost estimates shall use current unit prices. The analysis shall RFP-02-000 Page 14 '-'" '...I è ~,\ include estimated costs of each alternative for construction, right-of-way, relocation and business damages, operation, maintenance, and rehabilitation. Total transportation system costs will be reviewed for each alternative using life cycle cost principles. The methodology and assumptions used shall be documented. A list of inconsistencies of the needs plan with the transportation plans of the County shall be provided. Level of Service The consultant will utilize FSUTMS, ULAM and other analytical tools to determine the effectiveness of the various transportation alternatives in meeting the goals and objectives of the County's Comprehensive Plans. FSUTMS will be used to determine the transportation demands to various transportation alternatives. Appropriate data will be imported into a database system where the majority of the evaluation will take place. Each alternative will review land use plans for constrained or over capacity corridors. Iterations between FSUTMS and ULAM shall be performed to converge locations of constrained roadways with future development. The consultant is to recognize that the County has a substantial number of roads that are built out to the maximum level or are otherwise constrained. These constrained corridors shall be identified and coordinated with FDOT reports on constrained corridors. The level of service analysis shall form the basis for the recommended revisions to the local government's future land use maps, long range transportation needs and capital improvement elements for the selected alternative urban land use vision. TASK 5 SELECT ALTERNATIVE URBAN LAND USE PLANI FINAL REPORT Based upon the analysis of existing conditions, alternative urban land use and transportation plans, and public input the consultant shall recommend a preferred alternative future urban land use and transportation plan for the project area. This recommend alternative shall be presented in the form of a final report to the County Commission and shall include specific recommended amendments (if any) to the County Comprehensive Plan, along with supporting documentation as to why the recommended changes should be made. Building upon the analysis of Comprehensive Plan programs for infill and redevelopment, the consultant will develop specific proposals for goals, objectives, and policies that will implement the preferred alternative urban land use and transportation vision. Programs that may be considered shall include but not be limited to transfer or purchase of development rights, overlay land use designations, and land banks. A summary of the possible programs to be reviewed, summarized, and recommended by the Consultant are provided below. Overlav Land Use Desianations - Policies that provide alternative urban land use designations in specific areas of the county that would allow altemative develop potential. The designations would be consistent with all other policies of the Comprehensive Plan including capital programming and land use compatibility requirements. Transfer/Purchase of Development Riahts: A program in the purchase or transfer of development rights that can be utilized by both the public and private sector. As a public sector tool, local governments could purchase all or portions of the development rights on property inconsistent with the desired community vision and then resell those rights to developers who wish to develop at greater densities or intensities elsewhere in the jurisdiction pursuant to a duly adopted land use plan. When used by the private sector, the transfer or purchase of development rights would be akin to the purchase of real property in today's real estate market. Local governments would develop transfer and receiving zones for these development rights. The private sector would be allowed to act on their own self-interests within these geographic confines, subject, of course, to land use compatibility and other requirements of the County's Comprehensive Plan and Land Development Regulations. .' < Land Bank- Managed by local governments, a land bank allows the County to fund land acquisition as a means to revise the land use designation on small parcels of land that otherwise would not be acquired by the private sector and developed to their highest and best use. Once a contiguous group of small parcels are acquired, they can be repackaged by the local government and sold on the market for the desired use. A example may be a series of residential lots in a vast single-use residential plat that are acquired and resold for a neighborhood commercial center or alternatively for a neighborhood school. RFP-02-000 Page 15 '-' .., ï ~~.~ Modifications to the existina urban service boundarv. If it is demonstrated through the project that the existing urban service boundary lines either provides to much or to little of an option to meet future growth needs in the community, and that those growth needs cannot be adequately addressed by one or more of the alternatives outlined above consistent with the approved community vision for the study area, the consultant is to provide for reasonable recommended amendments to the existing urban service boundary that would either expand of contract the boundary line The Final Report containing information related to all aspects of the study as required by this scope shall contain a description of each data source, its reliability, accuracy, and relevance to the study's objectives. The proposed methodology to develop a vacant and redevelopable land inventory shall be describe in detail all data inputs, outputs, and relationships. Assumptions shall be disclosed along with justifications for each. GIS maps shall be produced reflecting environmentally sensitive lands, vacant acreage, land with redevelopment potential, the current adopted future land use designations and any recommended future land use designation amendments. In addition, the final report is to document the entire process of developing the various plans with appropriate tables and graphics. A database is to be provided showing projects that were used for each alternative and the generalized cost estimates associated with each alternative. The report will describe in detail and with sufficient graphics the 2025 Alternative Transportation Needs Plan for each alternative land use plan. Finally, the report shall fully detail the analysis of existing conditions, alternative land use and transportation plans, market feasibility, and public input resulting from the analysis of the long term costs and benefits of the alternative land use and transportation visions. The report will have information in maps, graphics, figures, and tabular format that can be readily understood by the public and shall contain a summary public comments received throughout the study. Prior to the issuance of the Final Report the consultant will meet with the Steering Committee to review the; final report for clarity, completeness, and presentation format. The consultant will make revisions as directed. Project Timeline It is anticipated that the time necessary to complete this study is approximately 12 months from the issuance of a notice to proceed. Using this general time period, the consultant shall as part of any initial proposal submit a recommended time schedule for the completion of this project. Project Meetings It is anticipated that the general following meeting schedule will be used as part of this project (!/bId) .' RFP-02-000 Page 16 ...... ...,J INSTRUCTIONS FOR PREPARING PROPOSALS PART III ~~ ., 3-1 RULES FOR PROPOSALS The proposal must name all persons or entities interested in the proposal as principals. The proposal must declare that it is made without collusion with any other person or entity submitting a proposal pursuant to this RFP. 3-2 PROPOSAL FORMAT Proposers shall prepare their 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 of Work. 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. 8. Oraanization Profile and Qualifications This section of the proposal must describe the Proposer, including the size, range of activities, etc. Each Proposer must be 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, proof of same must be provided. The Proposer must emphasize its expertise in, and experience with similar programs. The proposal must identify the primary individuals responsible for supervising the work. The Proposer shall provide the County with the resumes of the primary individuals. The Proposals must also include recent and pertinent references, including bank references, contact name, telephone number and address. C. ScoDe of Work This section of the proposal should explain the Scope of Work as understood by the Proposer and detail the approach, activities and work products to be provided. E. Additional Data Any additional information which the Proposer considers pertinent for consideration should be included in a separate section of the proposal. 3-3 PROPOSALS 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 fifteen (15) copies of the questionnaire and requested materials. " .... - - "" .-..1 EVALUATION OF PROPOSALS Part IV .~.~ 4-1 EVALUATION METHOD AND CRITERIA A. General The County shall be the sole judge of its own best interests, the 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, including stockholders and principals before making an award. Awards, if any, will be based on both an objective and subjective comparison of Qualifications 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. Quality of Response to the RFP 2. Innovative methods proposed in the RFP 3. Qualifications of team members 4. 5. 6. B. Selection The Board of County Commissioners may conduct the selection process or at the option of the Board, it may be referred to the Competitive Selection Committee (the "Committee"). Either the Board or the Committee will review all Proposals received and establish a list in order of preference of no fewer than three Proposers deemed to be the most qualified to provide the service requested based on the criteria set forth above. Altematively, the Board may direct the Committee to establish a "short list" of no fewer than three Proposers without establishing a priority order. The "short list" shall be submitted to the Board and the Board may rank the Proposers in order of preference. The Committee or the Board may request oral presentation from the Proposers when establishing the priority list. If three or fewer Proposals are received, all Proposers shall be included in the selection process as described below. If the list of Proposers has been prepared by the Committee, the list shall be submitted to the Board for approval. At the option of the Board, either the Board or the Committee shall attempt to negotiate a contract with the most qualified Proposer at a compensation which is fair, competitive and reasonable. If the Committee or the Board is unable to negotiate a satisfactory contract with the first Proposer, negotiations with that Proposer shall be terminated and the Committee or the Board shall attempt to negotiate a contract with the next most qualified Proposer. If these negotiations are not successful, negotiations shall be terminated with the second Proposer and attempted with the third most qualified. If the Board or the Committee is not successful in negotiating a satisfactory contract with any of the selected Proposers, the Board or the Committee shall select additional Proposers in order of their qualifications and continue negotiations until an agreement is reached or if no agreement can be reached the Board may reject all Proposals and may re- advertise for new Proposals. All contracts negotiated by the Committee shall be subject to final approval by the Board unless the Board waives such approval. .' "" ....., PROPOSER INFORMATION Part V ..."1 )'lii,if 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: "" """" @ QUESTIONNAIRE Part VI "< 6.1 PROPOSER'S QUESTIONNAIRE Proposer's Name: Principal Office Address: Official Representative: Individual Partnership (Circle One) Corporation If a Corooration. answer this: When Incorporated: In what State: If Forelan Corooratlon: 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 Partnershio: Date of organization: General or Limited Partnership*: Questionnaire (continued) ~ .." Name and Address of Each Partner: NAME ADDRESS . 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"10). (Strike out Inappropriate words) Explain any convictions: o' 6. Lawsuits (any) pending or completed involving the corporation, partnership or individuals with more than ten percent (10"10) interest: Questionnaire (continued) A. List all pending lawsuits: "-' .I l" q: B. List all judgments from lawsuits in the last five (5) years: 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) '; AGENDA REOUEST ITEM NO. f!'!ft Date: ApriJ 2, 2002 Regular [ ] Public Hearing [ ] Consent [ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: B & E Houck Enterprises, Inc. - Proposed Sublease Agreement with S.S.T. Tire Service, Inc., Non- Disturbance and Attornment Agreement, and Consent to Leasehold Mortgage BACKGROUND: See C.A. No. 02-443 FUNDS A V AIL. (State type & No. of transaction or N/A): N/A RECOMMENDA TION: Staff recommends the Board of County Commissioners consent to the proposed sublease agreement between B & E Houck Enterprises, Inc., and S.S.T. Tire Service, Inc. Staff further recommends the Board approve the proposed Non-Disturbance and Attornment Agreement and Consent to Leasehold Mortgage, and authorize the chairman to execute the documents. COMMISSION ACTION: E: [x] APPROVED [] DENIED [ ] OTHER: County Attorney: ;V Coordination/Si!!:natures Originating Dep\.: M~·lJÆ· '"'j"" (}If Other Purchasing: Other: Finance (Check for Copy only, if applicable): '-' INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA .,,00up fer (1/+ TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney ,'<' C.A. NO: 02-481 DATE: April I, 2002 SUBJECT: B & E Houck Enterprises, Inc. - Revised Legal Description for Proposed Sublease Agreement with 8.S.T. Tire Service, Inc., Non-Disturbance and Attornment Agreement, and Consent to Leasehold Mortgage Attached please find a revised legal description received this date for the proposed sublease agreement between B & E Houck Enterprises, Inc. and S.S.T. Tire Services, Inc. which the Board of County Commissioners will consider as a consent agenda item during its meeting of April 2, 2002. The legal description should be substituted for the legal description included with the agenda package for this item. Attachment HYI Copies To: County Administrator Airport Director Clerk Secretary Press Public '-' ...., .' MELVILLE & SOWERBY, P.L. ATTORNEYS AT LAW LAUREL PROFESSIONAL PARK 2940 SOUTH 25TH STREET FORT PIERCE, FLORIDA 34981-5605 HAROLD G. MELVILLE, P.A.* DAVID N. SOWERBY, P.L.-· TELEPHONE (561) 464-7900 FAX (561) 464-8220 *aOARD CERTIFIED CIVIL TRIAL LAWYER AND BOARD CERTIFIED BUSINESS LITIGATION LAWYER **BOAF=lC CERTIFIED REAL ESTATE LAWYER April 1, 2002 VIA HAND DELIVERY Ms. Heather Young S1. Lucie County Attorney's Office 2300 Virginia Avenue Ft. Pierce, FI. 34982-5652 RE: Airport Sublease Dear Heather: Enclosed is the revised legal description to be used on the various documents. Please discard the old legal (including the sketch) because it encroached across the boundary line by 14 feet. Thank you for your assistance in this matter. DNS/jef Enclosure ~ ...I LEGAL DESCRIPTION A parcel of land lying in and being a part of Section 30, Township 34 South, Range 40 East, and being particularly described as follows: Commencing at the Southeast comer of Section 30, Township 34 South, Range 40 East, St. Lucie County, Florida; thence N 00 °00'16" W, along the East line of the Southeast II. of said Section 30 for a distance of 2665.52 feet to an iron rod at the existing centerline intersection of runways 4 and 14, of the St. Lucie County International Airport; thence run S 45°00'00" W, along the existing centerline of Runway 4 for a distance of 464.00 feet; thence run S 45 °00'00" E along the North line of Parcel "C", (as said parcel is more particularly described in that certain Amended and Restated Lease Agreement recorded in O.R. Book 1343, Page 885 of the Public Records ofSt. Lucie County, Florida) for a distance of 11.00 feet; thence run S 45 ° 00' 00" W along the East Line of Parcel "C" for a distance of 800.00 feet to the Southeast comer of Parcel "C"; thence run N 45° 00' 00" W along the South line of Parcel "C" for a distance of I 08.3 8 feet, the a point, said point being the Point of Beginning of the following described Demised Premises. Thence run N 45 ° 00' 00" W along the South line of Parcel "C" for a distance of 1 00.00 feet; thence N 45° 00' 00" E for a distance of26.00± feet to the Southwest corner of Hangar 8 West; thence continue N 45 ° 00' 00" E for a distance of120.00 feet to the Northwest corner of Hangar 8 West; thence S 45 ° DO' 00" E a distance of 100.00 feet to the Northeast comer of Hangar 8 West; thence S 45 ° 00' 00" W for a distance of 120.00 feet to the Southeast corner of Hangar 8 West; thence continue S 450 00' 00" W 26± feet to the Point of Beginning. Containing 14,600 ± square feet. '-' ..", LEGAL DESCRIPTION A parcel of land lying in and being a part of Section 30, Township 34 South, Range 40 East, and being particularly described as follows: Commencing at the Southeast corner of Section 30, Township 34 South, Range 40 East, St. Lucie County, Florida; thence N 00°00'16" W, along the East line of the Southeast Y. of said Section 30 for a distance of2665.52 feet to an iron rod at the existing centerline intersection of runways 4 and 14, of the St. Lucie County International Airport; thence run S 45 °00'00" W, along the existing centerline of Runway 4 for a distance of 464.00 feet; thence run S 45 °00'00" E along the North line of Parcel "C", (as said parcel is more particularly described in that certain Amended and Restated Lease Agreement recorded in O.R. Book 1343, Page 885 of the Public Records ofSt. Lucie County, Florida) for a distance of 11.00 feet; thence run S 45 ° 00' 00" W along the East Line of Parcel "c" for a distance of 800.00 feet to the Southeast corner of Parcel "C"; thence run N 45° 00' 00" W along the South line of Parcel "c" for a distance of I 08.3 8 feet, the a point, said point being the Point of Beginning of the following described Demised Premises. Thence run N 45 ° 00' 00" W along the South line of Parcel "c" for a distance of I 00.00 feet; thence N 45° 00' 00" E for a distance of 26.00± feet to the Southwest corner of Hangar 8 West; thence continue N 45° 00' 00" E for a distance of 120.00 feet to the Northwest corner of Hangar 8 West; thence S 45° 00' 00" E a distance of 100.00 feet to the Northeast corner of Hangar 8 West; thence S 45° 00' 00" W for a distance of 120.00 feet to the Southeast corner of Hangar 8 West; thence continue S 45° 00' 00" W 26± feet to the Point of Beginning. I I Containing 14,600 ± square feet. I , . ! I ~ .....1 LEGAL DESCRIPTION ¡ A parcel of land lying in and being a part of Section 30, Township 34 South, Range 40 East, and being particularly described as follows: Commencing at the Southeast corner of Section 30, Township 34 South, Range 40 East, St. Lucie County, Florida; thence N 00000'16" W, along the East line of the Southeast y., of said Section 30 for a distance of2665.52 feet to an iron rod at the existing centerline intersection of runways 4 and 14, of the St. Lucie County International Airport; thence run S 45 ° 00'00" W, along the existing centerline of Runway 4 for a distance of 464.00 feet; thence run S 45 °00'00" E along the North line of Parcel "C", (as said parcel is more particularly described in that certain Amended and Restated Lease Agreement recorded in OR Book 1343, Page 885 of the Public Records ofSt. Lucie County, Florida) for a distance of 11.00 feet; thence run S 450 00' 00" W along the East Line of Parcel "C" for a distance of 800.00 feet to the Southeast corner of Parcel "C"; thence run N 45° 00' 00" W along the South line of Parcel "c" for a distance of 1 08.38 feet, the a point, said point being the Point of Beginning of the following described Demised Premises. Thence run N 45 ° 00' 00" W along the South line of Parcel "C" for a distance of 1 00.00 feet; thence N 45° 00' 00" E for a distance of26.00± feet to the Southwest comer of Hangar 8 West; thence continue N 450 00' 00" E for a distance of 120.00 feet to the Northwest comer of Hangar 8 West; thence S 45° 00' 00" E a distance of 100.00 feet to the Northeast comer of Hangar 8 West; thence S 45 ° 00' 00" W for a distance of 120.00 feet to the Southeast comer of Hangar 8 West; thence continue S 45° 00' 00" W 26± feet to the Point of Beginning. Containing 14,600 ± square feet. I I , \. ,.., INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 02-443 DATE: March 26, 2002 SUBJECT: B & E Houck Enterprises, Inc. - Proposed Sublease Agreement with S.S.T. Tire Service, Inc., Non-Disturbance and Attornment Agreement, and Consent to Leasehold Mortgage BACKGROUND: Attached to this memorandum is a copy of a proposed sublease agreement between B & E Houck Enterprises, Inc., and S.S. T. Tire Service, Inc. for a hangar lease. The sublessee's initial plan is to use the hangar for aircraft storage, but the sublease also permits sales and maintenance of aircraft. The hangar will not be used for tire sales or services. The sublease will run concurrently with the remainder of the Houck fixed base operator lease. As the proposed lease term exceeds twelve months, consent to the sublease by the Board of County Commissioners is required before the parties may proceed. The sublessee has also submitted the attached Non-Disturbance and Attornment Agreement which provides protection for the sublessee in the event Houck's lease is terminated early. In such event, the replacement fixed base operator would be required to honor the sublease. The sublessee would also recognize the County and any subsequent replacement fixed base operator as the successor sublessee while at the same time agreeing not to hold the County liable for any claims against Houck. The sublessee intends to obtain a mortgage to finance the project. As the County's consent for any leasehold mortgage and collateral assignment ofleasehold interest is required under the terms of the lease vrith Houck, the sublessee is also requesting approval of the attached Consent to Leasehold Mortgage and Collateral Assignment of Leasehold Interest. The referenced documents have been reviewed and appear acceptable. RECOMMENDA nON/CONCLUSION: Staff recommends that the Board of County Commissioners consent to the proposed sublease agreement between B & E Houck Enterprises, Inc., and S.S.T. Tire Service, Inc. Staff further recommends the Board approve the proposed Non-Disturbance and Attornment Agreement and Consent to Leasehold Mortgage, and authorize the chairman to execute the documents. 1 Attachments HY/ Copies To: \.t Concurring Staff Clerk Secretary Press Public '...I Respectfully submitted H~~ Assistant County Attorney 2 '-' ...,¡ SUBLEASE AGREEMENT This Sublease, made and entered into this day of March, 2002, by and between B & E HOUCK ENTERPRISES, INC., whose address is 2982 Curtis King Blvd., Fort Pierce, FL 34946, hereinafter referred to as "SUBLESSOR", and S.S.T. TIRE SERVICE, INC., whose mailing address is 2132 NW Settle Avenue, Port St Lucie, FL 34986, hereinafter referred to as "SUBLESSEE". WITNESSETH: That SUBLESSOR, for and in consideration of the rent herein contained, other good and valuable consideration and the mutual covenants and promises contained herein, does hereby demise and lease unto SUBLESSEE and SUBLESSEE does hereby lease and take from SUBLESSOR the Demised Premises hereinafter defined upon the termS and conditions hereof SECTION I. DESCRIPTION OF PREMISES. The Demised Premises are described in Exhibit A attached hereto and incorporated herein by reference. In the event the Demised Premises are not specifically described but are graphically depicted at the time this Sublease is first executed, the parties agree to procure and append a legal description prepared by a licensed surveyor within a reasonable time and such legal description shall control over such graphic depiction. SECTION II. TERM. The term of this Sublease shall be for the unexpired term remaining under SUBLESSOR'S County Lease (herein defined), together with the term of any renewal or extension of the County Lease and, at the option of the SUBLESSEE, any subsequent leases between the fee owner of the Demised Premises and the SUBLESSOR, its successors, assigns or related entity. SUBLESSEE shall surrender the Demised Premises to SUBLESSOR immediately upon the termination of this Sublease term or earlier termination as provided herein. The Sublease term shall commence on approval of this Sublease by St. Lucie County as provided herein, however, SUBLESSEE is granted the right to enter upon the Demised Premises prior to said date for purposes of occupying the hangar improvements (which SUBLESSEE has agreed to purchase separate from this Sublease), now located on the Demised Premises on a month to month basis and upon the terms otherwise established by the parties hereto. -1- '-' """. SECTION III. RENT A. Minimum Base Annual Rental. SUBLESSEE shall pay SUBLESSOR a mImmum base annual rental of $6,004.80 plus all sales or rent tax levied by any governmental entity, payable in advance in equal monthly installments, due on the first (1st) day of each month in the amount of $500.40 plus applicable sales or rent tax, if any. B. Ad Valorem Real Property Taxes and Assessments. SUBLESSEE shall pay all real property taxes andlor assessments of any kind, which may be levied or assessed by any lawful authority against the Demised Premises, the hangar or other improvements now or hereafter located upon the Demised Premises or SUBLESSEE'S pro rata portion of any such taxes levied against a larger parcel of which the Demised Premises is a part. A tax bill or photocopy thereof submitted by SUBLESSOR to SUBLESSEE shall be sufficient evidence of the amount of the tax or assessment levied against Demised Premises Building. SUBLESSEE agrees that if SUBLESSOR is required to escrow such taxes, SUBLESSEE shall also be required to escrow its prorata share of taxes. C. Rent Net to Sublessor. It is the purpose and intent of SUBLESSOR and SUBLESSEE that the rental herein shall be absolutely net to SUBLESSOR and all costs, fees, interest charges, increased taxes, and obligations of every kind and nature whatsoever relating to the Demised Premises and hangar improvements now or hereafter located upon the Demised Premises which may arise or become due during the term of this Lease, shall be paid or discharged by the SUBLESSEE as additional rent. SUBLESSEE hereby agrees to indemnify and to hold SUBLESSOR harmless from and against any such costs, fees, interest charges, expenses, reimbursements and obligations and any interest that may accrue thereon except as may arise by reason of a breach by the SUBLESSOR under the County Lease or default by SUBLESSOR under 1ts mortgage. SECTION IV. PENALTY AND INTEREST ON ARREARAGE. If SUBLESSEE shall fail to pay any rent or additional payment as required herein on or before ten (10) days of the due date, a late charge equal to the greater of five percent (5%) of the amount due or TWENTY FIVE Dollars ($25.00) shall be paid by the SUBLESSEE to the SUBLESSOR for each payment that is past due. In addition, the SUBLESSEE shall pay interest at the maximum rate permitted by law from the date when the amount past due was payable until the date SUBLESSOR receives payment of the same. Late charges are for the purpose of collection efforts and to defray costs incurred by SUBLESSOR in regard to such collection efforts. Nothing herein shall be construed to require any usurious rate of interest or charge and in the event any rate of interest or charge is usurious, such rate of interest or charge shall automatically reduce to a nonusurious amount. -2- "-" -.I SECTION V. COST OF LIVING INCREASE. The minimum base annual rental on the first (1st) anniversary date of this sublease and annually thereafter shall be adjusted by reference to the County Lease and shall occur at such time and at the percentage rate established under the County Lease provisions governing such increase or adjustment. In no event shall the increased rent pursuant to this provision be less than the Minimum Base Rent established under Section III (A) of this Sublease. SECTION VI. ATTORNEYS FEES. ETe. AS ADDITIONAL RENT. If either party or St. Lucie County is compelled to incur any expenses, whether suit be brought or not, including reasonable attorney's fees in investigating, instituting and prosecuting any action or proceeding by reason of any default of either party hereunder, the sum or sums paid with all interest, costs, and damages shall be paid by the non-prevailing party. In the event SUBLESSOR is the prevailing party, the awardable sums with all costs, interest, and damages shall be deemed additional rent hereunder and shall be due from SUBLESSEE to SUBLESSOR on the first (1st) day of the month following the month in which the respective expenses, etc. were incurred and if SUBLESSEE prevails, such sums may be deducted from the next rental payment(s). SECTION VII. COMPLIANCE WITH SUPERIOR LEASE SUBLESSEE takes subject to and hereby agrees to comply with all provisions which are applicable to the property of which the Demised Premises are a part and which are not specifically superceded by the express terms of this Sublease under SUBLESSOR'S Amended and Restated Lease Agreement with the St. Lucie County dated October 10, 2000 and recorded in O.R. Book 1343, Page 885, Public Records of St. Lucie County, Florida ("County Lease"). SUBLESSEE expressly takes subject to and shall comply with the provisions set forth in Paragraphs 5, 6, 7, 9, 10, 11, 12, 13, 19, 16, 18,19,23,25,26,27,30,31,32,32,33,36,37, and 39. SUBLESSOR shall not: (a) Shorten the existing term of the County Lease, or; (b) Modify the rent escalation formula of the County Lease, or; (c) Modify the uses to which the Demised Premises can be put, or; (d) Terminate ingress or egress to the Demised Premises or runways servicing the Demised Premises without first obtaining the written consent of SUBLESSEE which may be withheld or conditioned in the sole, absolute nd arbitrary discretion of SUBLESSEE if such modification, amendment or termination adversely affects the SUBLESSEE to a material degree. -3- '-' ....,¡ SECTION VIII. UTILITIES. SUBLESSEE covenants and agrees to pay in full all hook-ups, meter installations costs, deposits and water, electricity, gas and other utilities used by SUBLESSEE in and around the Demised Premises including any septic tank or sewer service charges made by the local authority having jurisdiction over such matters. SECTION IX. USE OF PREMISES. The Demised Premises are leased to SUBLESSEE for use of it and the improvements now or hereafter located thereon for an aircraft sales, storage, repair and maintenance hangar to engage in the storage, repair and maintenance of aircraft and the sale of aircraft parts and the SUBLESSEE agrees not to use the Demised Premises or any improvements now or hereafter located thereon for any other purpose without first obtaining the written consent of SUBLESSOR prior to such time which may be withheld or conditioned in the sole, absolute or arbitrary discretion of SUBLESSOR. The Demised Premises and the improvements now or hereafter located thereon shall not be used for any purpose in violation of any federal, state, or municipal statute or ordinance or of any order, regulation, or directive of a governmental agency or SUBLESSOR, as such statutes, ordinances, or regulations, orders or directives now exist or may hereinafter provide. On the breach of any such provision by SUBLESSEE, SUBLESSOR may, at its option, consider SUBLESSEE in default pursuant to Section XV herein. SECTION X. PARKING. SUBLESSOR grants to SUBLESSEE the right to use in common with others entitled to similar use thereof the taxiways, ramp and driveways for ingress and egress, the loading areas and the parking area for parking automobiles of SUBLESSEE'S invitees, subject to such reasonable rules and regulations as' it may be necessary to be established to insure the efficient operation and maintenance of the parking and common access areas and to keep them in good condition, repair (reasonable wear and tear excepted), safe, reasonably clean and free of refuse, obstructions, pavement deterioration and the like. SUBLESSEE'S parking usage shall not exceed the number of parking spaces required under applicable building codes for the square footage of the hangar improvements now located upon the Demised Premises as expanded by the contemplated 40 foot by 100 foot addition which SUBLESSEE is undertaking to build. -4- "-' ....,/ SECTION XI. SUBLESSEE'S DUTY TO MAINTAIN PREMISES AND AGREEMENT TO CURRENT PREMISES IN GOOD CONDITION. SUBLESSEE shall, at its own cost and expense, have the right to construct upon the Demised Premises a forty foot by one hundred foot (40ft. x 100 ft.) addition to the existing aircraft hangar which is now located on the Demised Premises all of which shall be maintained by SUBLESSEE at its sole cost and expense, keeping all improvements and appurtenances thereto in good repair, clean appearance, ordinary wear and tear excepted. Upon the end of the term of this Sublease or its earlier termination, all improvements, appurtenances and fixtures shall be surrendered to SUBLESSOR or its assigns as the property of said SUBLESSOR or St. Lucie County by virtue of the terms of the Lease Agreement between SUBLESSOR and said Authority in good repair, condition, reasonably fit for its intended use and purpose, notwithstanding the SUBLESSEE'S purchase from the SUBLESSOR of the hangar improvements now existing on the Demised Premises. During the term hereof, SUBLESSEE shall make all repairs to the improvements and appurtenances thereto, including roof, electrical apparatus, fixtures, glass, and all such repairs, restorations and replacements shall be of a quality and class equal to the original work and installations, and be done in a good and workmanlike manner. In the event SUBLESSEE shall fail to make such repairs, restorations, or replacements, SUBLESSOR may perform or cause to be performed the same, and all sums so spent and expenses incurred shall be collectable as additional charges and rent to be paid upon the next due date. SUBLESSEE shall not permit any liens to be attached to the Demised Premises by reason of any labor or materials used in construction, repairs or alterations or other work included within the responsibility of SUBLESSEE. SECTION XII. SUBLESSEE INSURANCE ON DEMISED PREMISES/INDEMNITY Property insurance with respect to the buildings located on the Leased Premises. Such insurance shall name as insureds, St. Lucie County, SUBLESSOR and SUBLESSEE and any mortgage holder. SUBLESSEE covenants that it will indemnify and save SUBLESSOR and St. Lucie County, harmless from any and all liability, losses, costs, damages, expenses and judgments, which are in excess of applicable insurance required to be provided in the preceding paragraph, arising from injury of any nature occurring or alleged to have occurred during the term hereof to person or property on the Demised Premises (including that to SUBLESSEE'S customers, employees, agents or invitees in the parking areas, adjacent sidewalks and loading areas accessory to the Demised Premises provided such liability, loss or costs shall not be due to the negligence or willful act of SUBLESSOR, its employees, officers, agents, invitees or other sublessees. -5- "" ...,,/ SECTION XIII. SUBLESSOR'S CONSENT AND SUBLESSEE'S LIABILITY REQUIRED FOR ASSIGNMENT OR SUBLEASE. SUBLESSEE shall not assign this Sublease or any interest therein or sublet the Demised Premises or any part thereof or any right or privilege appurtenant thereto or allow any person other than the SUBLESSEE and its agents and employees to occupy or use the Demised Premises or any part of them without first obtaining SUBLESSOR'S and St. Lucie County's written consent thereto. SUBLESSOR expressly covenants that such consent shall not be unreasonably or arbitrarily refused. SUBLESSOR'S consent to one assignment, sublease or use shall not be consent to any subsequent assignment or sublease, or occupancy or use by another person. Any unauthorized assignment or sublease shall be void and shall terminate this Sublease at SUBLESSOR'S option. SUBLESSEE'S interest in this Sublease is not assignable by operation of law without SUBLESSOR'S written consent. Any assignment or sublease shall be made expressly subject to all of the terms, conditions and limitations contained in this Sublease and the County Lease and SUBLESSEE shall continue to be liable and responsible for due performance of all the terms, covenants and conditions of this Sublease. SUBLESSOR recognizes that SUBLESSEE intends to operate the improvements now or hereafter located on the Demised Premises as a hangar at the St. Lucie County Airport in which are stored for a rental fee various aircraft of third parties and SUBLESSEE'S intent to continue such activities on Demised Premises, which is a material inducement for SUBLESSEE in entering into this Sublease. Accordingly, SUBLESSOR hereby consents and agrees that SUBLESSEE may continue to rent, lease and otherwise allow third parties to store aircraft owned by them in such improvements on the Demised Premises for a rental fee, as agreed upon between such third party without the written consent of the SUBLESSOR or St. Lucie County. If the interest of SUBLESSOR shall be transferred involuntarily, or by reason of foreclosure or other proceedings for enforcement of any mortgage on the Demised Premises, SUBLESSEE shall be bound to such transferee for the balance of the term hereof remaining with the same force and effect as if the transferee were the SUBLESSOR under this Sublease. SUBLESSEE does hereby agree to attorn to the transferee including the mortgagee under any such mortgage, as its SUBLESSOR. Said attornment shall be effective and self-operative without the execution of any further instruments upon the transferee succeeding to the interest of the SUBLESSOR under this Sublease.. SUBLESSEE agrees, however, that if a written attornment agreement consistent with this provision is required by the transferee acquiring SUBLESSOR'S interest in this Sublease or by any lender of the transferee, the SUBLESSEE will execute, acknowledge and deliver same within ten (10) days following a request by SUBLESSOR or its transferee to SUBLESSEE. In the event SUBLESSEE fails, refuses -6- ~ ""'" or neglects to timely do so, SUBLESSOR may, in addition to other remedies for breach hereunder, execute, acknowledge and deliver the same as the agent or attorney- in-fact of SUBLESSEE and SUBLESSEE hereby irrevocably constitutes SUBLESSOR as its attorney-in-fact for this purpose. The respective rights and obligations of SUBLESSEE and the transferee upon such attornment to the extent of the then-remaining balance of the term of this Sublease and any such extensions and renewals shall be and are the same as set forth herein. In the event of such transfer of SUBLESSOR'S interest, SUBLESSOR shall be released and relieved from all liability and responsibility hereafter accruing to SUBLESSEE under this Sublease or otherwise and SUBLESSOR'S successor or assign, by acceptance of rent from SUBLESSEE hereunder, shall become liable and responsible to SUBLESSEE in respect to all obligations of SUBLESSOR under this Agreement. SECTION XIV. RIGHT TO MORTGAGE AND RIGHT TO GROUND LEASE. This Sublease and all the rights of SUBLESSEE hereunder are and shall be subject and subordinate to the lien of any mortgage(s) hereinafter placed on the Demised Premises or any part thereof and to any and all renewals, modifications, consolidations, replacements, extensions or substitutions of any such mortgage(s) provided, nevertheless, each or all of such mortgages shall contain a provision or shall enter into a separate non-disturbance agreement for the benefit of SUBLESSEE to the effect that so long as the SUBLESSEE is not in default under this Sublease, or any renewal or extension thereof, no foreclosure of the lien of said mortgage or any other proceeding in respect thereof shall divest, impair, modify, abrogate or otherwise adversely affect any interest or rights whatsoever of the SUBLESSEE under this Sublease. The subordination provision shall also apply to any assignment of its lease agreement, which SUBLESSOR may desire to enter into before or after the date of this Sublease. Such subordination shall be automatic without the execution of any further subordination agreement by SUBLESSEE. If a written subordination agreement consistent with this provision is required by a mortgagee or a party to a ground lease, SUBLESSEE agrees to execute, acknowledge and deliver same and in the event of failure to do so SUBLESSOR may, in addition to other remedies for breach of covenant hereunder, execute, acknowledge, and deliver the same as the agent or attorney-in-fact of SUBLESSEE and SUBLESSEE hereby irrevocably constitutes SUBLESSOR as its attorney-in-fact for this purpose. Notwithstanding anything in the foregoing to the contrary, it is understood and agreed that in the event that a mortgagee or assignee to the ground lease of the Demised Premises acquired title thereto, either through foreclosure or through a deed in lieu of foreclosure or through default under the ground lease, such mortgagee shall -7- ~ "'-" not be required to refund any advance sums paid to the SUBLESSOR unless the mortgagee or assignee receives such prepaid sums. SUBLESSEE further agrees upon ten (10) days prior written request by SUBLESSOR to deliver to SUBLESSOR a statement in writing certifying that the Sublease is unmodified and in full force and effect or, in the alternative, if there have been modifications that the Lease, as modified, is in full force and effect and stating the modificatipns, the dates to which the rent and other charges have been paid and that SUBLESSOR is not in default under any provisions of the Sublease or, if default, the nature of such default in detail. SECTION XV. SUBLESSEE'S DEFAULT. This Sublease is subject to SUBLESSEE's performance of the payments, covenants and conditions set forth herein. If SUBLESSEE defaults in performance of any such payment of rent installment, expense payment or other sums due hereunder, or if any waste be committed or unnecessary damage done upon or to the Demised Premises or if there is any default or breach of any covenant, condition or term to be performed by SUBLESSEE hereunder, or any of the following occur (which shall constitute a breach of this Sublease by SUBLESSEE): A. Institution of voluntary or involuntary bankruptcy proceedings by or against SUBLESSEE; B. Assignment for benefit of creditors of SUBLESSEE'S interest under the Sublease; C. Appointment of a receiver for the property or affairs of SUBLESSEE where such receivership is not vacated within sixty (60) days after the appointment of a receiver In the event of such a breach and if it shall continue for more than ten (10) days after SUBLESSEE receives written notice thereof (unless such breach, exclusive of non-payment of sums due, cannot reasonably be cured within 10 days and SUBLESSEE shall have commenced to cure said breach within said 10 days and continues diligently to pursue the curing of the same), SUBLESSOR may, at SUBLESSOR'S option: 1. Pursue any legal remedy to recover for the breach and continue the Sublease in force; and 2. Notify SUBLESSEE the full amount of the unpaid balance of the total rental under this Sublease shall be forthwith due and payable as though stipulated to be paid on the date of such default; or -8- "" ...., 3. Declare the Sublease forfeited and its term ended and enter into possession of the Demised Premises and any improvements thereon and remove all persons and property from the Demised Premises (and such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of, SUBLESSEE, all without service of notice or resort to legal process and without being deemed guilty of trespass or becoming liable for any loss or damage which may be occasioned thereby) and sue to recover all rents or damages accrued or accruing under this Sublease or arising out of a violation. 4. Exercise any and all remedies provided by law or in equity. Every demand for rent or other charges due wherever and whenever made shall have the same effect as if made at the time it falls due and at a place of payment or on the Demised Premises, and after the service of any notice or commencement of any suit, or final judgment therein, SUBLESSOR may receive and collect any rent due and such collection or receipt shall not operate as a waiver or not affect such notice, suit, or judgment. To secure the payment of all rents and additional charges due hereunder SUBLESSOR shall have a first and prior lien on all of SUBLESSEE'S furniture, equipment, fixtures, apparatus, tools, and merchandise located in or upon the Demised Premises (exclusive of aircraft), provided however that such liens shall be subordinate to the mortgage andlor security agreement of an institutional lender. One or more waivers by SUBLESSOR of any covenant, condition or default shall not be construed as waiver, consent, or approval of a subsequent breach. SUBLESSOR and SUBLESSEE do hereby waive trial by jury in any action proceeding or counterclaim brought by either of the parties against the other on any matters arising out of or in any way associated with this Sublease or the relationship between SUBLESSOR and SUBLESSEE and SUBLESSEE'S use of or occupancy of the Demised Premises. SUBLESSEE further agrees that it shall not interpose any counterclaim or counterclaims in a summary proceeding or any action based upon non-payment of rent or any other payment required of SUBLESSEE hereunder. SECTION XVI. NOTICES. Every notice, approval, consent or other communication authorized or required by this Sublease shall not be effective unless same shall be in writing and sent postage prepaid by United States Certified Mail, Return Receipt Requested, directed to the other party as its address provided for below or such address as either party may designate by written notice given from time to time in accordance with this section. AS TO SUBLESSOR: B & E HOUCK ENTERPRISES, INC 2982 CURTIS KING BLVD. FOR T PIERCE, FL 34946 AS TO SUBLESSEE: S.S.T. TIRE SERVICE, INC. 2132 NW SETTLE A VENUE PORT ST LUCIE, FL 34986 -9· \.,f .." SECTION XVII. CONDITIONS PRECEDENT. This Sublease is subject to and conditioned upon (a) the parties obtaining approval of same from St. Lucie County, (b) St. Lucie County entering into a "Non- Disturbance Agreement" for the benefit and protection of SUBLESSEE upon repossession under the County Lease, and (c) First National Bank and Trust Company of the Treasure Coast entering into a "Non-Disturbance Agreement" for the benefit and protection of the SUBLESSEE upon foreclosure. This Sublease is further conditioned upon SUBLESSEE complying with all terms and conditions, rules, regulations, and directives issued or adopted by St. Lucie County. This Sublease Agreement is subordinate to the terms and conditions of the County Lease. SECTION XVIII. MISCELLANEOUS A. Facsimile. Telephonically transmitted facsimile copies of this Sublease and any signatures thereon shall be considered for all purposes as originals. B. Counterparts. This Sublease may be executed in two or more counterparts, each of which shall be, and shall be taken to be, an original, and all collectively deemed one instrument. [LEFT BLANK INTENTIONALLY] -10- ~ .."" IN WITNESS WHEREOF, the undersigned hereby execute this Sublease effective as of the date written above. Witnesses: Print Name; Print Name: Printed Name: Printed Name: STATE OF FLORIDA COUNTY OF ST. LUCIE SUBLESSOR: B & E HOUCK ENTERPRISES, INC. By: R. ERROL HOUCK, PRESIDENT SUBLESSEE: S.S.T. TIRE SERVICE, INC. By: RUSSELL TAYLOR, PRESIDENT The foregoing instrument was acknowledged before me this _ day of March, 2002, by R. ERROL HOUCK, as President of B & E HOUCK ENTERPRISES, INC., a Florida corporation, on behalf of the corporation. He is: _ personally known to me, or _ who has produced as identification and who did! did not take an oath. [Notary Seal] Notary Public, State of Florida Printed Name: My Commission Expires: -I]· \.f ...." STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this _ day of March, 2002, by RUSSELL TAYLOR, as President of S.S.T. TIRE SERVICE, INC., a Florida corporation, on behalf of the corporation. He is: _ personally known to me, or _ who has produced as identification and who did! did not take an oath. [Notary Seal] Notary Public, State of Florida Printed Name: My Commission Expires: -12- \..; .- í..".,' \j ....tI EXHIBIT "A" Proposed "Hangar 8 West" as depicted on the attached sketch of the following described real property: A PARCEL OF lAND LYING IN AND BEING A PART OF SECTION 30, TOWNSHIP 34 SOUTH, RANGE 40 EAST, AND BEING MORE PARTICULARLY DESCRIBED AS FOllOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 30, TOWNSHIP 34 SOUTH, RANGE40 EAST, ST. LUCIE COUNTY, FLORIDA; THENCE N 00"00'16" W ,ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 30 FOR A DISTANCE OF 2665.52 FEET TO AN IRON ROD AT THE EXISTING CENTERLINE INTERSECTION OF RUNWAYS 4 AND 14, OF THE ST. LUCIE COUNTY INTERNATIONAL AIRPORT; THENCE RUN S 45"00'00" W, ALONG THE EXISTING CENTERLINE OF RUNWAY 4 FOR A DISTANCE OF 464.00 FEET; THENCE S 45"00'00" W, FOR A DISTANCE OF 11.00 FEET TO THE POINT OF BEGINNING; THENCE RUN N 45"00'00" W, FOR A DISTANCE OF 600.00 FEET; THENCE RUN S 45"00'00" E, FOR A DISTANCE 800.00 FEET; THENCE RUN S 45°00'00" E, FOR A DISTANCE OF 600.00 FEET; THENCE RUN W 45"00'00"E, FOR A DISTANCE OF 800.00 FEET TO THE POINT OF BEGINNING AND TO CLOSE. .' "'.. \jÞ.... ...,J -----------------~---------~ ï--------------------------;- ---------- '"",,"' .. h--- --1 S 45'00'00~ £ ,TTT11 L-"", --1 IlrIL__/',' ---i " ---I " ---I I , I 1 ( I ì'l I I I r-.1 ¡ ; ; ; , r 1 t t ® , 11, I I I I ~ Ll 1-1 ..LJ ...1.-1.....L...-' -L'~....I...J.....J , , ':iy , " , , , ~~~-=1 ~ ; . 4J . l"ANGA~¡ wm I C) UNO,R ~ IGONSrR UON I C) C) ~ I Ìr) I 1 I 't . I. I ~ ~ ~A;- ""~ --1 ~ I ---- -- - ----- - -~ - - - - - - - - - - - - - -- T PAVEMENT ---~- ----------------------------------------~ , , \ I 1----1 600.00' , \ .\ I / / / / / N 45'00'00~ W I I 1 I --~ I I I I I I I I I I I I I , I I 1 J I 1 I I 1 " DRAINAGE BASIN LINE 1 C) CJ c:i CJ Q:¡ I I I / /~ / / I L__ ----- _ _ ----------------- -- ------------- / I I . / I I / L 1/1 I // I I / I I / I I // I I / I , / I I ASPHAL T PAVEMENT / I ~ : / / " : . \..0/ 1 / / U ~ : / / 0'rS r // // ~ l'-_______________I-___- ,// /// 'V~'r~ r.. // ; ///-( / / / / / / / / / / I C) C) g ~ / ./ / / / / / L_______ _ / 1/ " CONCRETE PAVEMENT f------I 1 , I I I '" I I [.'J~ I I eJ¡J I I :>~ I I QQ I 1 t.J~ t ASPHALT PAVEME,NT P"Ë\;Q.'SO· ~ itvr Nl)r r "" ,~,. r:n............<r""".. r1 I 1 LJ ~ I I ~/ ________Lr'___¡___~~-~r ! ßI I I 1<>:1 II I 1~'5 II I 19I"¡ II l- I ,X/srING '/::.;,Cf. l : : I I I SUILOING 6 WEsr ;, I I J I' r STORY AND "'C==~::= LMEllANINE J I I ì 10J' L.J ,.;1 -.....~- ~---.--- I I'" .,. "'All!' ",./ I I - --;~~- ==-¡- I i\1 ~ F:X,STlNG HANGAR "'1 4 WEsr I I -' 20' u....-,Aft/IW' Bt/IILDWC H€lGHr . CJ ,CJ 8 Ïr¡ "f- Ir) -1 r-, ( II \ I II I I I I 2'7. . / I ~ II ~ f I " II " f I ~ I I [3 , ~~iL_J I I 1!1 ._-1,- f--- <: ~-- LU /---..... I---~l-l r-J L__ 's? u, r-- L__ :<1: --, r-- L__ Q --, r-- b~:::kJ-e" re- I ¡..:: - 1 r - r--lu--1 ~-- ,--ct--1 ~-- ,-- <.J --~ ~-- r-- <: --~ 1--- ,-- () __J L__ --- <.J __J L__ <: ¡¡¡ ~ Q) Lu 500.00' I C.:J 1 ~ I ~ I ~ I 0: I a I I I J ,;" c::1r I / I I ,..--_.J -L L' ',,1 ~/STlNG OFFICE] ¿ -j I SLOG. :; wEsr ~ . I ~ srORY,.. "I WùØI 'U - -,-..,¡ . I~) L-!J ~ _J/""---""l.J"- ~ ~ ~, ---'" :~ " .". ~~ J =eJ = =~MSf1t#'f c;x~ ,.MKlHC I .AR£A .AS $UðMf', - --I --, --, --1 GRASS J PAVEMENT , , , ......., "" .." PREPARED BY AND RETURN TO: David N. SoweTby, Esquire MELVILLE & SOWERBY, P.L. 2940 South 25th Street Fort Pierce, Florida 34981-5605 Courthouse Box #63 [Space abo.....e this line ror recording] NON-DISTURBANCE AND ATTORNMENT AGREEMENT THIS NON-DISTURBANCE AND ATTORNMENT AGREEMENT (hereinafter "Agreement") is entered into between given by ST. LUCIE COUNTY, a political subdivision ofthe State of Florida, (hereinafter "County"), and S.S.T. TIRE SERVICE, INC., a Florida corporation, (hereinafter "Sublessee"). WHEREAS, on October 10,2000, County entered into an Amended and Restated Lease Agreement (hereinafter "Master Lease") with B & E HOUCK ENTERPRISES, INC., (hereinafter "B & E") which is recorded at O.R. Book 1343, Page 885, Public Records of S1. Lucie County, Florida. The leased property (hereinafter "Master Lease Premises") is located at the S1. Lucie County International Airport in S1. Lucie County, Florida, and more particularly described in the Master Lease; and, WHEREAS, B & E has entered into a Sublease Agreement (hereinafter "Sublease") with Sublessee dated March _,2002, for property more particularly described in Exhibit "A" attached hereto (hereinafter "Sublease Premises"). The Sublease Premises constitute a portion of the Master Lease Premises; and WHEREAS, the Sublease is contingent upon the County and the Sublessee entering into a Non-Disturbance Agreement and the County has consented to enter into such agreement provided the Sublessee agrees to attorn to the rights of the County upon repossession under the Master Lease. NOW THEREFORE, in consideration of the above, the parties hereby agree as follows: 1. Non-Disturbance County agrees that so long as the Sublessee, its successors or assigns in interest under the Sublease, comply with the terms, conditions and covenants of the Sublease and perform their obligations under the Sublease, (a) County will take no action which will interfere with, or disturb, the their possession or lawful use of the Sublease Premises or other rights under the Sublease, and (b) in the event County repossesses the Master Lease Premises, whether by legal proceedings, early termination, mutual agreement, or otherwise, such repossession shall not divest, impair, modify, abrogate or otherwise adversely affect any interest or rights of the Sublessee, its successors or assigns, and the Sublease shall remain in full force and effect. The Sublease shall continue through the original term ofthe Master Lease. If the County shall procure a replacement tenant for the Master Lease Premises (or that portion containing the Sublease Premises), the replacement tenant shall take subject to the Sublease. If the term of the Replacement Master Lease Page I ~ .".¡ [Space above this line for recording} shall exceed the term of the existing Master Lease (including renewals and extensions), then the term of the Sublease shall be extended to coincide with the term of the Replacement Master Lease (including renewals and extensions thereof). 2. Attornment Upon repossession of the Master Lease Premises by the County, the Sublessee, its successors or assigns, shall attorn to and recognize the County, its successors or assigns, as the successor sublessor under the Sublessee for the remainder of the term of the Sublessee. Provided however that (a) the County shall not be liable for any act or omission ofB & E under the Sublease, (b) the County shall not be subject to the offsets or defenses which the Sublessee might have against B & E under the Subcontract, and (c) the County shall not be bound by any amendment or modification to the Sublease made without its prior written consent. IN WITNESS WHEREOF, the parties hereto have executed this Consent to Leasehold Mortgage and Collateral Assignment of Leasehold Interest on the dates below written. Attest: BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA By: Deputy Clerk Chairman Date: APPROVED AS TO FORM AND CORRECTNESS: County Attorney Witness: SST TIRE SERVICE, INe. By: Russell Taylor, President Date: Page 2 I, ::;~LUUt:.. II\J I t:..KNA I/UNAL AIKI-'UK -.,¡/ PARCEL LECAL DESCRIPTION (PAQ: 2 OF' 2) LEGAL 03/19/02 LEGAL DESCRIPTION ON SURVEY OF LAND LEASE HANGAR 8 WEST PARCEL ON SURVEy A PARCEL OF LAND LYING IN AND BEING A PART Of:" SECTION 30, TOWNSHIP 34 SOUTH, RANGE 40 EAST, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 30. TOWNSHIP 34 SOUTH, RANGE 40 EAST. ST, LUCIE COUNTY, FLORIDA; THENCE N 00' 00' 16" W, ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 30 FOR A DISTANCE OF 2665.52 FEET TO AN IRON ROD AT THE EXISTING CENTERLINE INTERSECTION OF RUNWAYS 4 AND 14, OF THE ST. LUCIE COUNTY INTERNATIONAL AIRPORT; THENCE RUN S 45' 00' 00" W, ALONG THE EXISTING CENTERLINE OF RUNWAY 4 FOR A DISTANCE OF 464.00 FEET; THENCE RUN S 45' 00' 00" ALONG THE NORTH LINE OF PARCEL "A", FOR A DISTANCE OF 11.00 FEET; THENCE RUN S 45' 00' 00" W ALONG THE EAST LINE OF PARCEL "A", FOR A DISTANCE OF 814.00 FEET; THENCE RUN N 45" 00' 00" W FOR A DISTANCE OF 108.38 FEET. TO TH[ SOUTHEAST CORNER OF HANGAR 8 WEST, SAID POINT BEING THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED LAND LEASE. THENCE RUN N 45" 00' 00" W ALONG THE SOUTH LINE OF PARCEL "A" FOR A DISTANCE OF ì 00.00 FEET TO THE SOUTHWEST CORNER OF HANGAR 8 wEST: THENCE N 45' 00' 00" E FOR A D~STANCE OF 160.00 FEET TO THE NORTHWEST CORNER OF HANGAR 8 WEST; THENCE S 45' 00' 00" E A DISTANCE' OF 100.00 FEU. TO THE NORTHEAST CORNER OF HANGAR 8 WEST; THENCE S 45" 00' 00" W FOR A DISTANCE OF 160.00 FEET. BACK TO THE POINT OF BEGINNING. CONTAINING 16,000 SQUARE FEET. VELCON GROUP, INC. ~ £NGrNEERS k SURVEYDRS 702 S. W. PORT ST. LUCI£ BL VD. SUITE - 1 PORr ST. LUCiE, FLDRIDA 34.953 (561) 879-0477 (561) 871-5659 (FAX) -...--.-..... ....'-- EXHIBIT A - PAGE 1 R08[RT F, KEMERSON PROFESSIONAl SURVEYOR AND MAPPER STATf. OF FLORIDA # 5285 1./I~·fN~:·¿ JJl'8/Nf:S....7 14~"';;' FROM: UELCON GROUP, I~ PHONE NO.: 561 871 6659 , 5T LUCIE INTERNATIONAL AIRPOR I ~ '~ PARCEl L£GAL OE:SCRIF'T!ON SKETCH NOT TO SCALE 03/19/02 (PAGE 1 OF Z) VELCON GRO UP, ING. ~ EHGlNEERS 41 SUllvnoRS 702 S.W. PORT ST_ LUCI£ BLVD. SUITE - 1 PORT ST. LUCIE. FLORIDA ~49S3 (551) 879-0477 (561) 871-6659 (FAX) LH:CNSE aU$IN!5~ 1~942 \ \ j)~O~ E fE -4TORAGE BlJlLDINC 9 WEST (NO D4f'1..C'1'EES) (NO SEWfR) (NO WATER) - - 1oci"':"- - - = !UJJ'C 'IJY'C ,- 'zl: ".... .,.... ....... . .... 8 - I't _WDa"' 'It' :: FOliNO NAIL &: OISK \S59 EXHIBIT A - PAGE 2 P08 Mar~9 2002 06:01PM Pi °0 o 0 o ... o ~ c:c CD ..-.. ..-.. au '-" '-" Ww oro o~ '0 m 0""' in in 'Ot"v zz \ I ~ ~o ".., '" >" ",0 '''= ~~ ~:!! '" 'õ~ " ':1;; ð.. "u e 3 .. ROBERT F. KEMERSON PROFESSIONAL SURV[YOR ANO MAPPER STATE OF FLORIDA. # 6285 '-' ." PREPARED BY AND RETURN TO: David N. Sowerby. Esquire MELVILLE & SOWERBY, P.L. 2940 Soutb 25th Street Fort Pierce, Florida 34981-5605 Courthouse Box #63 [Space above this line for recording] CONSENT TO LEASEHOLD MORTGAGE AND COLLATERAL ASSIGNMENT OF LEASEHOLD INTEREST THIS CONSENT TO LEASEHOLD MORTGAGE AND COLLATERAL ASSIGNMENT OF LEASEHOLD INTEREST is given by ST. LUCIE COUNTY, a political subdivision of the State of Florida, (hereinafter "Lessor"), in favor or S.S.T. TIRE SERVICE, INC., a Florida corporation, (hereinafter "Sublessee"), and RIVERSIDE NATIONAL BANK OF FLORIDA, (hereinafter "Bank"). WITNESSETH WHEREAS, on October 10, 2000, Lessor entered into an Amended and Restated Lease Agreement (hereinafter "Master Lease") with B & E HOUCK ENTERPRISES, INC., a Florida corporation, (hereinafter "Lessee") which is recorded at O.R. Book 1343 Page 885 Public Records of St. Lucie County, Florida, for certain property located at the St. Lucie County International Airport in St. Lucie County, Florida, and more particularly described in the Master Lease; and, WHEREAS, the Lessee has entered into a Sublease Agreement with Sublessee which is recorded at O.R. Book , Page , Public Records of St. Lucie County, Florida (hereinafter "Sublease"), for a portion of the Master Lease Premises as more particularly described in Exhibit "A" attached hereto (hereinafter "Sublease Premises"); and WlffiREAS, the Sublessee desires to mortgage and collaterally assign its leasehold interest in the Sublease Premises to the Bank in order to obtain financing to (a) acquire the improvements located upon the Sublease Premises and (b) construct additional improvements on the Sublease Premises; and, WlffiREAS, Paragraph 27 ofthe Master Lease provides that prior written approval must be obtained for any assignment of interest under the Master Lease; and WHEREAS, Paragraph 27 ofthe Master Lease further provides for the right to mortgage the Master Lease Premises upon prior consent and that such mortgage shall be specifically subject and subordinate to the Lessors rights under the Master Lease. NOW THEREFORE, in consideration of the above, the parties hereby agree as follows: 1. Pursuant to Paragraph 27 of the Master Lease, the Lessor hereby consents to Sublessee's proposed mortgage and collateral assignment to the Bank of its leasehold interest in the Subleased Premises. Page 1 \.,. ..., (Space abo\le this line for recording] The Lessor's consent hereunder shall constitute a consent to: (a) the Bank's renewal, modification, and consolidation of all mortgages and collateral assignments contemplated or hereafter held by Bank; (b) the restructuring, substitution, modification, increase in, and restatement of, the debts and indebtedness secured by all mortgages and collateral assignments contemplated or hereafter held by Bank; and (C) all future advances hereafter made by Bank under all mortgages and collateral assignments contemplated or hereafter held by Bank. 2. Bank hereby agrees that if it becomes the legal owner and holder of the Sublessee's interest in the Subleased Premises and the Lessor shall have repossessed the property subjectto the Master Lease, then the bank shall attorn to Lessor and be bound by and abide by the provisions of the Sublease from and after the date of acquisition. The Bank shall not be liable for any accrued rent or other obligation under the Sublease prior to the date of such attornment. IN WITNESS WHEREOF, the parties hereto have executed this Consent to Leasehold Mortgage and Collateral Assignment of Leasehold Interest on the dates below written. Attest: BOARD OF COUNTY COMMISSIONERS OF ST. LUClE COUNTY, FLORIDA By: Deputy Clerk Chairman Date: APPROVED AS TO FORM AND CORRECTNESS: County Attorney Witness: SST TIRE SERVICE, INC. By: Russell Taylor, President Date: Witness: RIVERSIDE NATIONAL BANK OF FLORIDA By: Lee Brown, V ice President Date: Page 2 :::; ~UUt IN I tKNA ItUNAL AIKI-'UK I .~ PARCEL LEGAL DESCRIPTION (PAGE 2 OF 2) LEGAL 03/19/02 LEGAL DESCRIPTION ON SURVEY OF LAND LEASE HANGAR 8 WEST PARCEL ON SURVEY A PARCEL OF LAND LYiNG IN AND BEING A PART OF SECTION 30, TOWNSHIP 34 SOUTH, RANGE 40 EAST, AND BEING MORE PARTICULARLY DESCRIBED AS FOllOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTiON 3D, TOWNSHIP 34 SOUTH, RANGE 40 EAST. ST. LUCIE COUNTY, FLORIDA; THENCE N 00· 00' 16" W, ALONG THE EAST liNE OF THE SOUTHEAST 1/4 OF SAID SECTION 30 FOR A DISTANCE OF 2665.52 FEET TO AN IRON ROD AT THE EXISTING CENTERLINE INTERSECTION OF RUNWAYS 4 AND 14-, OF THE ST. lUCIE COUNTY INTERNATIONAL AIRPORT: THENCE RUN S 45· 00' 00" W. ALONG THE EXISTING CENTERLINE OF RUNWAY 4 FOR A DISTANCE OF 464.00 FEET; THENCE RUN S 45· 00' 00" ALONG THE NORTH LINE OF PARCEL "A", FOR A DISTANCE OF 11.00 FEET; THENCE RUN 5 45" 00' 00" W ALONG THE EAST LINE OF PARCEL "A", FOR A DISTANCE OF 814.00 FEET; THENCE RUN N 45· 00' 00" W FOR A DISTANCE OF 108.38 FEET, TO THE SOUTHEAST CORNER OF HANGAR 8 WEST, SAID POINT BEING THE POINT OF BEGINNING OF THE FOllOWING DESCRIBED LAND LEASe THENCE RUN N 45" 00' 00" W ALONG THE SOUTH LINE OF PARCEL "A" FOR A DISTANCE OF i 00.00 FEET TO THE SOUTHWEST CORNER OF HANGAR 8 WEST; THENCE N 45" 00' 00" E FOR A DiSTANCE OF 160.00 FEET TO THE NORTHWEST CORNER OF HANGAR 8 WEST; THENCE S 45· 00' 00" E A DISTANCE' OF 100.00 FEET. TO THE NORTHEAST CORNER OF HANGAR 8 WEST; THENCE S 45" 00' 00" W FOR A DISTANCE OF 150.00 FEET. BACK TO THE POINT OF BEGINNING. CONTAINING 16,000 SQUARE FEET. VELCON GROUP, INC. ~ EIVGD'lEERS Jt SURI'EYORS 702 S. W. PORT ST. LUCIE 8L YD. SUITE - 1 PORT ST. LUCIE. FLORIDA 34953 (557) 879-0477 (561) 877-6659 (FAX) - ._"- .....-- EXHIBIT A - PAGE 1 R08ERT F: KEMERSON PROFESS/ONAI SURVEYOR AND MAPPER STATE Of FI..ORIDA # 6285 1,I1.:'!N::'t. Ill¡SJNt.".~;.~7 Jo19':~.J ~o ",., .. \ z ~à u_ \ ~~ ;eJA0ft E / ~~ " 5~ u --STORAGE 9UILCING '0 I ~:;; 9 wEST a ..~ 'NO EMP\.artES) 0 C! iE a (NO SEWER) 0 ... ~ .. (NO WATER) 0 ~ ex) o:J FROM: UELCON GROUP, IN<\..- PHONE NO.: 561 871 6659 ,Sï LUCIE INTERNATIONAL AIRPOR I P",RCEl L.£GAL !)ESCRIPTlON SKETCH NOT TO SCALE 03/19/02 (p",œ I OF 2) ".,.+~ . q,~~ 8 >...,..."~ ¡ ~~. .. :J' ~¡;,.~ <) VELCON GROUP, INC. ~ ENClNURS III SURVEYORS 702 S. W. PORT ST. LUCIE BL VD. SUlT£ - 1 PORT ST. LUCJE. FLORJDA :J49SJ (561) 879-0477 (561) 871-6659 (FAX) 'tCrNS! aUS1N!~ /4942 fE - - 1Oð~ - - .................. au .............. ww 'Oå:J 0:- -001 ON ~~ VV , . zz roc SUJl'r 1NC IJ: ,'.... . ,... '.'UI ..... B - F'OUND NAIL & DiSK ¡laS9 pas Mar~ 2002 06:01PM P1 EXHIBIT A - PAGE 2 ROBERT F. KEMERSON PROF£SSIONAL SURvEYOR ANO MAPPER STA TE OF FLORIDA. # 5285 ----- - AGENDA REQUEST I~ NO. C-5-A DATE: April 2, 2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Purchasinq Michael Rath, Purchasinq Director SUBJECT: Permission to advertise for a Request for Qualifications (RFQ) for Auditing Services. BACKGROUND: This RFQ is required to select an auditing firm to provide an audit of the County's general-purpose financial statements. The Audit Selection Committee met to discuss the scope of services and evaluation procedures contained in the RFQ and recommend the issuance of the RFQ. FUNDS AVAIL.: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval to advertise the RFQ for Auditing Services. COMMISSION ACTION: [XJ APPROVED [] DENIED [ ] OTHER: County Attorney:(X) !3r coordination/Si~res Mgt. & Budget: ()Q j"(\ Purchasing Mgr.:(X) It f:- Originating Dept: Other: Other: Finance: (Check fOr Copy only, if Applicable) Eff.1/97 ., ~ AGENDA REQUEST IT~ NO. C-5-B DATE: April 2, 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. 02-048, Purchase of One (1) Diesel Powered Triplex Trim Mower BACKGROUND: On March 13,2002 bids were opened for Purchase of One (1) Diesel Powered Triplex Trim Mower for the Parks and Recreation Department. One hundred forty-two (142) vendors were notified, nine (9) bid documents were distributed and one (1) bid was received. The Parks and Recreation Department has reviewed the bid received and recommends that the bid be awarded to the sole bidder, Hector Turf (Alternate Bid), for a total price of $19,868.80. Recommendation and tabulation attached. FUNDS AVAILABLE: Funds are available in Parks Equipment & Machinery Account No. 001-7210- 564000-700, Equipment Request No. 02-076. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends award of Bid No. 02-048, Purchase of One (1) Diesel Powered Triplex Trim Mower to the sole bidder, Hector Turf, for a total price of $19,868.80. ~ COMMISSION ACTION: [2J APPROVED [] DENIED [ ] OTHER: County Attorney;(X) ~/ Coordi nation/SiQnatures Mgt. & Budget (x¡~'N\.G¡ Other: Purchasing Mgr.:(X) Other: .--¡ .,¿~ 1-' Originating Dept:: Finance: (Check fi:Jr Copy only, if Applicable) Eff.1/97 \..r , en 0::: CO w~ ZO O' _N enO ~~e Z:!:m :J:!:' 0°1- 0::: Uu~ W W~J: 3: 0 ë3zen :!: :J:JZ ..J°O :!: ·u- æ t;~s l- X C:J W o:::m ..J <~ c.. :!: æ ° c.. m I- 0 C 0 W .. N 0::: @) W 3: N ° 0 c.. 0 ..J Z N W ° M en ~ ... W J: C W U LL 0::: 0::: ° U < W :!: W 0::: ~ oð C J: t/) W U ~ Z 0::: c:::: W :J « c.. 0. 0. ° C 0 C 0 ... m M 0 W ... ~ a> ~ - CO en CD ca Z E CO~ c:::: ~ w a> ... I- a> Eß- ...J 0::: < 0 ... ~ 0 0 0 N ... 0 C a> ~ - - m en 0 W ca 0 t/).§ ~ < a> CO m~ ... Eß- 0 ... 0 l- t/) 0::: ..J 0 LL C LL 'I. ~ Z W o:::~ > :Jw I-m 0:::9 O!:!:! I-LL u~ WW J:~ ~ Ø'I .... .... .. 0 w ~ ::::) m .c" ~ 0 ~ W en ü: 2i ¡:: en ë 0 ~ z z W en W > W ::E ¡¡¡ Z ::::) (.) (.) W E « 0 ~ c- o 0 :æ en (J 0 0 0 ..: m iii III (.) - !II LL LL LL 'C 0 0 0 C III ~ ~ ~ E W W W Q m m m 'C :æ :æ :E ... ;:) ;:) ;:) Q z z z ~ ...J /';r ./ ~;:.; . , '-' BOARD OF COUNTY COMMISSIONERS ~ PARKS & RECREATION MEMORANDUM To: Michael A. Rath, Purchasing Director ....- From: Linda Brown, Administrative Manager ~~ Date: March 26, 2001 Re: BID #02-048- Purchase of Diesel Powered Triplex Trim Mower Please proceed with the agenda item to obtain Board approval for purchase of the above described mower from Hector Turf in the amount of $19,868.80 (alternate bid). Attached is the equipment list approved by the Board during the 2001-2002 budget hearings. The fund # is 001-7210-564000-700 (parks Equipment & Machinery) Thank you. cc: Pete Keogh, Parks & Recreation Director Jim Cummings, Parks Manager :--) -0 ,U-; S -\ ,....¡ - - ;:J ..-. .....- ~ ....~ ._ ......··v -- S; :::: r¡ .,:::::. .~/ 0- '-.. r-.....:> ~)""1~; ~, c--- -'- --;: ~-- :; ~ .::) ~ -- '.::::;. ~ '-(i ..--1 __ -..< ..c: JOHN D. GRUHN. DisrriG No.1' DOUG COWARD. Disrrier No.2' PAULA A. LEWIS. Disrrier No. J . FRANNIE HUTCHINSON. Dsn;cr No 4 ' CUF- J;C "ë: >cc':- Counry Adminisrra~or - Cougias M. Anderson 2JOO Virginia Avenue> Phone (561) 462-1515 0 mc (52 . j2~-¡L2: "1---. L~ ¡ \,r .." "0 c:: . ctI (I) '. !:])'s C::'§ '~ctI ~E Q..(I) c:: c:: ~ 0 (I)~ CI) c:: ... ° ~..c: 1....=1:: ~ š: t/) o~ 0:: C/J CI) S:: E :i5 We'll ~ ~ ~ -g. zO (I) ¡,;;, O~ ¡:.: ~Q.. - I ('1)"$ t/).... z t/)O w (1)- -0 :E c:: (I) :EN :Ea:: w 0..c: (J -- 0« :5 ~aS OW .' !:])~ ~~ ë Q. .§ .S w w 0= ctI ctI z« Q 31 ~E Z ë. :JO w w ::..,.9 Ot/) :E w z > - :;::;- oj¡; :E 0 i:. c::'5 - u..a:: 0 0= ~. ê U 1=:'. 00 (J Q. :::¡!t: "f-- w Q. w ui5 ou.. 0= c( '. --!!: a:: I- .~ è «t/) )( ~ OW ..!eCl) m:J . Q..- )00 E:!::: I-W ° ~ zO:: t)C:: 0 :JI- ::::CI) OZ ctI ctI ..Q(I) OW ". (I) CI) w:E - Cl)0) _0.. ctI c:: 0- . CQ '- :J:J "O~ ..JO ° e .w 1 ~~ l- t/) <: ~ c:: 1:::: 0 ctI :::¡ ¡:: -JQ L5 " (I) 0:: f5 ~cri ü ~ ' , ~~ I.U , ~~ D::: ~ Oð ~Q) ~ ~ [jj C I, CI).S¿ r. C '-- ~ C ~U D::: D::: 1:)- , -E':! ~ ~ ' C\ o::(Q.. ~., C") 109- .. ¡:.: Z ¡:.: ::::I Ž 3 I· 0", 0 Z ¡:.: ::::e ~ w z c( :E z' W I- (J l- e::: o. :E w ¡¡: c( iñ Q. C) ¡:: c.. -, 5 Q en w ï:=, a ::;) ~ Q Q.. W IX] . -. -,.- ,,~. ~ ~ I I I I I I I iJ I I œ 1'·", .' ì [f !),; r:c"'" (.. ! '~Æ-- .. r1 rr r1 .~... ., c ¡:: c c c oq- <c I:) , c ..... ~ , ..... c c ä:: w IX] :E ::;) Z I- Z ::;) o (J (J c( ¡e c c{¡ c 51 ä w e::: I- z w ::iE. ~' -. -, ?! L '-' ..J AGENDA REQUEST ITEM NO.C bA DATE: April 2, 2002 "Investment for the Future" REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] PRESENTED BY: TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 SUBJECT: Work Authorization No. 1 to the Contract for Professional Engineering Services related to Stormwater Management with PBS&J - Drainage Improvements to Paradise Park Phase I. BACKGROUND: The Paradise Park Homeowners' Association has requested S1. Lucie County provide drainage improvements to their subdivision. The attached engineering proposal from PBS&J outlines the scope of services for the development of a stormwater master plan. This will include project management, cost estimate, permitting, preparation of grant application and bid documents. This will be Work Authorization NO.1 with PBS&J in the amount of $150,000. .... FUNDS AVAIL.: Funds will be made available in 102001-3725-563005-42511 and 102001-3725-563003-42511 Drainage Maintenance MSBU-Stormwater Management PREVIOUS ACTION: nIa RECOMMENDATION: " Staff recommends the Board approve Work Authorization No.1 with PBS&J in the amount of $150,000 for Drainage Improvements to Paradise Park Phase I, and authorization for the Chairman to sign. .-- COMMISSION ACTION: [X] APPROVED [ ] OTHER: [ ] DENIED [x)Counly Attorney 11~ J.a ~ [x)Originaling Dept. Public Wor\(s /tlJ paradise par\( drainage.ag [x)Revenue Coord. ~f\ [)Other ~ .."" WORK AUTHORIZATION NO.1 Engineering Services Related to Stormwater Management COO-06-084 Paradise Park Drainage Improvements Pursuant to that certain Agreement (the" Agreement") (Contract No. COO-06-084) between St. Lucie County (the "County") and PBS&J, Inc., (the "Engineer") dated June 13, 2000, the Engineer agrees to perform and successfully complete the Scope of Work attached hereto and made a part hereof as Exhibit "A". Compensation to the Consultant and the schedule for completion ofthe work shall be as described in Exhibit "A". IN WITNESS WHEREOF, the parties have caused this Work Authorization to be executed and delivered on the dates set forth below. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DEPUTY CLERK Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: PBS&J, INC. BY: Print Name: Title: Date: g: latty\agreemnt\ work.aut\pbs&j. paradise. wpd ~ ..." EXHIBIT A ST. LUCIE COUNTY ENGINEERING DIVISION Scope of Services I. Description St. Lucie County Storm water management related services II. Provisions for Work Engineering services will be accomplished in accordance with the St. Lucie County Continuing Professional Engineering Services Contract III. Project Description Paradise Park Subdivision Storm Water Management Improvements IV. Scope of Services Task 1.0 Data Acquisition and Public Information Task 1.1 - Drainage Area Information Inventory The Consultant team will identify, review and compile data relevant to the project from the SFWMD, St. Lucie County and other state (FDOT and FDEP) and federal (USGS, NRCS and NWI) agencies. The information shall include a review of the following: · Existing available reports to the study area. · Hydrologic and meteorological records. · Existing and currently proposed drainage system within the study area. · Aerial photography of the study area. · Documentation of past flood events (flow and stages). · Present and projected land use within the study area and DRls, PUDs, major subdivision plats, and other large developments that have been approved or are under consideration for approval with Martin and Palm Beach Counties and SFWMD. · County, SFWMD and DOT drainage atlases. · Rules and regulations (local, state and federal) pertinent to study area. Task 1..2 - Public Information and Communication Public Information Presentations The Consultant may be required to make presentations to the St. Lucie County Board of Commissioners, SFWMD authorities, and/ or at public forums. The number of this type of presentations will be limited to two through the life of the project Task 1.3 - Develop Project-Specific Database The Consultant will process existing digital (GIS and DXF) data into a project-specific database, to include: · Preliminary watershed boundaries coverage. · Existing hydrographic coverage (ponds, lakes, ditches, canals, wetlands, groundwater levels) '-' 'wtJI1 · Soils coverage. · Existing/ proposed land use coverages. · Topographic elevation coverage. · Road network coverage. · Other thematic project coverages necessary for modeling and presentation purposes. Task 1.4 - Field Survey A differential/Kinematic GPS Survey of the study area existing drainage system will be performed by GCY, Inc. of Stuart, Florida. The survey will inventory and catalog the primary major drainage conveyance system elements per the following scope of work: Phase One(Tasks 1.4) Establish horizontal and vertical control throughout the project. Set project benchmark at each intersection (approx 50) based on NGVD 1929 Datum. Run a closed level loop through the project benchmarks. Using GPS, establish horizontal location of benchmarks for use in mapping of BM's and providing control for location of future phase work such as centerline profiles and x-sections. Deliverables include a digital file of benchmark points, survey control map and surveyor's report. Phase Two (Tasks 3.4 and 3.5) Obtain centerline profiles at approx 200 feet intervals and grade break points along centerline. Obtain 4 ground shots at each intersection (1 at each quadrant )at natural ground for flow determination. Obtain vertical cross sections at designated locations along roadways up to and including 100 cross sections fÌ'om r/w plus 10ft. Phase two deliverables include a digital submittal of profile points and x sections points, x y and z, and hardcopy x-section index map. Individual cross sections will be plotted by client. Preparation of Surveyor's Report. Phase two requires completion of phase one. Phase Three (optional for construction/bidding) Detailed cross sections within the interior of a typical block (660 x 330 feet) based on a lOO foot grid - estimated at $750.00 per block. The surveyed information will be used to determine: · Inverts, top of banks, and cross sectional dimensions of roadside swales, ditches, canals and ponds. · Inverts and cross sectional dimensions of existing culvert pipes, and control structures. · First floor elevation of private property affected by recurring flooding. · Roads centerline near affected flooding areas. '-' ,..., Tasks 1.1, 1.2, and 1.3 Deliverable Comprehensive written report including available existing hydrological, hydraulic and environmental information of the Paradise Park Subdivision project area with descriptions of surface and groundwater features, topography, land use, and soils. Public Information material including public meeting agendas and interim project reports, minutes of meetings and presentation material and support displays as required by project presentations. Project archive of digital data (GIS and/ or AutoCAD drawings) available for this study. A survey drawing of the project area prepared by a registered professional surveyor. Task 2.0 -Environmental and Hydrological Assessment Task 2.1 - Cursory Wetland Assessment The Consultant will perform a cursory field assessment of major wetland communities present within the project area. The object of the field assessment is to identify any area of the project with wetlands occurrence that may be impacted by proposed storm water management improvements. Hydrologic and Hydraulic Systems Assessment and Additional Project Data Requirements The reconnaissance survey will inventory and catalog the primary major drainage conveyance system elements including culvert and invert types, canal inverts and other hydraulic elements not identified in Task 1.1 The Consultant will review and analyze existing SFWMD, FDEP, St. Lucie County literature (studies and reports) of Task 1.0 to determine and document hydrologic system(s) and describe the interrelationship between ditch, canal flow, lakes, ponds, wetlands, and the surficial aquifer (water table) systems. The consultant shall identify and define the environmental hydrologic and hydraulic characteristics and model parameters of the study area including: + Major and subwatershed drainage boundaries. + Hydrologic and hydraulic parameters. Curve numbers, peak rate factors, time of concentrations, soil storage's, roughness coefficiencies, open channels, culverts, etc., based on present and projected land use. Task 2.1 Deliverable Written technical report cataloging the drainage conveyance network and indicating the hydrologic, hydraulic and hydrodynamic interrelationship between surface water and groundwater systems in the watershed. A written report including a map of the hydrological drainage of the selected/ defined project boundaries, supporting a map of surveyed drainage elements and a written and photographic catalog of affected flooded property in the watershed. Prepare a written report detailing the results of the cursory environmental wetland assessment in the project area. The report will include a map depicting the general ~ ..., location of wetlands in the project area (ie. non-jurisdictional map) per the US Fish & Wildlife National Wetlands Inventory (NWI) wetlands database. Task 3.0 - Project Area Model Development The objective of this task is to develop a project area H&H model that can be used to assess the storm water runoff processes in the Paradise Park drainage area system for existing and proposed (alternative drainage improvement) conditions. Task 3.1 - Model Development Using existing digital (AutoCad/GIS) project specific database developed in Task 1.3, create hydrologic and hydraulic parameters for input to project models alternatives. · Soil type/ groups · Land use/cover · Hydraulic conductivity · Porosity · Field capacity · Wilting point · Water table depth (seasonal high and low per historical water budget modeling) · Curve number · Stream length/ slope · Basin areas · Pervious/impervious areas Develop H&H Model Per the above model coding methodology, a XPSWMM model, representative of the project area drainage condition will be assembled. C01111ectivihj · Sub-basin delineation: Using the available photograrnmetry imagery and the available topography prepare a sub basin map of the watershed. Field reconnaissance of the study area is to be conducted to verify/modify the basin boundary map. · Determine hydrological connectivity between structures (culverts/control structures) and land (roadside ditch, canal, Pond, wetlands) elements. · Select/ determine design storm events, rainfall/ evaporation data to be used in analyses for: - Runoff peak discharge generation Flood routing through canalj ditch/pond network and stage/ storage characteristics. XPSWMM Codi11g Input the following model information: · Basin detention storage · Lake pond/wetland detention/retention storage · Hydraulic length · Basin Gradient '-' .'WI · Canal Network Length · Canallopen drained cross-sectional data · Control structure dimensional and elevation data · Water Surface Elevations · Historical water marks · Backwater/tail water elevations · Tidal elevations · Assemble hydrographs/inflows from hydrologic model component (nodal scheme) · Assign hydrological (nodal) component to hydraulic network (links) · Assemble peripheral model data (time series rainfall, evaporation files, process controls, boundary conditions and reporting sequences). · Assign network connectivity (link/node) for floods routing through conveyance network and stage/ storage characteristics. Task 3.2 - Existing Condition Model The Consultant will assemble a hydrologic/hydraulic model representation of the study area's existing water management system. The existing condition model will be used to simulate the performance characteristics of the existing network of canals, wetland sloughs, etc" and to identify the hydraulic constraints or deficiencies. The existing condition model will be run for the selected design storm event criteria (10yr/24hr, and 25-l00yr/73hr). The existing condition model runs will be reviewed and the results catalogued per location and type of drainage deficiency including: · Undersized culverts · Undersized swales, ditches · Lack of detention/ retention capacity · Lack of ROW / drainage easements Task 3.3 - Proposed Condition Model Alternative water management strategies A proposed condition model will be assembled to simulate the hydrologic/hydraulic model representation of alternative water management strategies in the study area. The model will be used to simulate proposed drainage improvements to enhance the hydraulic performance of the system of canals, wetland sloughs, etc" for the recommended final plan. The Consultant will document the model's adequacy for analyzing conveyance capacity and groundwater recharge. Tabular/graphical output will be provided for: · Runoff hydrographs/peak discharges for the 10yr/24hr, and 25,100-year/72hr storm events. · Water control features stage and discharge characteristics. · Water surface profiles for the 10yr/24hr and 25, 100-year/72hr storm events ,., ""'" Task 3.4 - Stonn Water Master Plan Development Master Plan Development Upon completion of the proposed model runs, the best performing alternative water management strategies will be selected for the development of a Master Plan of proposed drainage improvements. The Master Plan implementation will be phased into a realistic timeframe of implementation per the county's capital improvement program. Cost/benefits analysis and preliminary cost of implementation will be prepared for each phase of the plan. Plans and Specifications Preliminary engineering plans and specifications will be prepared for the Master Plan. These plans will have a level of detail typical of conceptual drawings, and will be used for permitting with regional regulatory agencies. The level of detail in these plans will be sufficient to allow for a quick turn around time for preparation of final construction plans during each phase of Master Plan implementation. Task 3.5 Detail Design and Construction Plan Preparation Project Detail Development, Construction Plans, Specifications, and Permitting (for a selected phase (or phases) of the Master Plan) A specific phase(or phases) of the Storm Water Master Plan will be selected for further plan specification and for construction level drawings. A project will be selected jointly with St. Lucie County that will not exceed the $50,000 budgeted amount for Task 3.6. The phase II project could take the form of a separate storm water improvement that may be selected in coordination with a street paving project to be initiated by St. Lucie County within the study area. Detail level plans and specifications will be prepared for this project to be used for construction permitting. PBS&J will prepare regulatory permits necessary for the construction/ implementation of the selected project per the not to exceed budget of Task 3.5. Task 3.0 Deliverable Written report of existing and proposed project area modeling conditions with a complete model(s) description, and input/ output data. A description of problems encountered during the modeling process will also be provided. Task 4.0 - Water Quality Assessment (if required) The goal of this task is to characterize the type and determine the quantity of pollutants that are discharged into the adjacent SFWMD C-25 and FPFDD regional canals and Northwest Fork of the St. Lucie River from the project area. To achieve this task's goal the Consultant will assess trends in water quality in the study area watershed over the past 20 years using data available from SFWMD, FDEP, St. Lucie County, USEP A and USGS. '-" 'wi' Task 4.0 Deliverable Written report detailing the results of existing water quality data assessment. Recommendation for additional water quality data acquisition (if necessary). Task 5.0 - Final Report and Model Transfer Task 5.1- Final Report A comprehensive report with supporting graphics describing the entire project development process. The Consultant will use the executive summaries of previously submitted tasks to provide a draft/ final report including: · Pertinent assumptions · Hydrologic/hydraulic performance of each phase of the Storm Water Master Plan · Benefit/ cost economic analyses. · Socio-economic environmental assessments. · Impact matrices · Plan implementation strategies, timeline for construction, tasks cost (O&M) breakdown. The Consultant will prepare a final design hydraulic report including a description of methodology applied, assumptions made, and graphical output of model results. Model(s) Transfer to St, Lucie County Provide electronic or digital copies of the model(s) input and output to SFWMD v. Period of Service PBS&J will provide the services for the above scope of work upon receiving a notice to proceed. The project will be completed with the final deliverable made per the attached project schedule (Exhibit C). We anticipate completion of the project within six month from the notice to proceed. ~ ...., EXBIBIT B ST. LUCIE COUNTY CONTINUING PROFESSIONAL ENGINEERING SERVICES (STORM WATER) PBS&J COSTS BY TASK Project Name: Paradise Park SID Storm Water Improvements Scott W. Isbemer, E.!. St. Lucie County Project Manager: PBS&J Project Number: Date: March 21,2001 Cost Estimate Task Activity Lump Sum Cost by Task Project Mgt. Project Management through all tasks 18,384.0 Task I Data acquisition, drainage inventory, 14,486.0 public meetings, filed survey coordination Task 1.4 Field Survey (GCY, Inc.) 25,000.0 Task 2.0 Environmental and hydrologic 3,232.0 assessment Task 3.0 Project area H&H model development 19,588.0 Task 3.4 Master Plan Development 7,274.0 Task 3.5 Master Plan Design Plans and 50,000.0 Specifications Task 4.0 Water quality assessment 5,938.0 Task 5.0 Final Report and Permit applications 6,098.0 Total 150,000.0 ...... "" EXHIBIT C ST. LUCIE COUNTY CONSULTING PROFESSIONAL ENGINEERING SERVICES (STORM WATER) PARADISE PARK SID STORM WATER IMPROVEMENTS- PROJECT TIMELINE TÍtsk Description ·····~···.:ir,jr4riliir7rirgliõTiil·l.:irijri41··iil liil 11118f iflT2012i122T.:i.ï1Ûl.:ii26 , ProJect Kickoff Meetlnas ITMII I 1 I I I I I I I 'I I I 1 I 1 I I I I Proiect Afanaøement , 1 Data Acqu ¡sUi on I 'WR'I , I I , , I , 1.1 Drainaae Area Information Inventorv I 1 I I , , I I I I I I I , I I I I , 1.2 Public Information and Communication , _PO - - - - , , , 'I GPJ I 1.3 08veloD Proiect Oiailal Database I I I I I 118\"11 , · 14 Perform Field Survey · 1 J 1 · l. I WP, I , 2.1 Wetland S....stem Assessment - 1 · 3 Prolect Area Model Development I · I TRI 3.1 H&H ModelDevelopment 1 I I ITR, · 3.2 Existing Condition Model I 1 1 ITRI 3.4 Master Plan Development 1 I I ITRI 3.5 Master Plan Oesiqn Specifications I I..L...L · 4 Water Quality Assessment , I I~ 4.1 Review Water QualitY' Data 5 Final RepD" a - 5.1 Final Report & Permits - MTf . OP!: GI ; Proiect Arch"'el~T. !\YF.;¡yórkPlan ,l' .' "', '" "'" f"· .,. . ,............... . PC PUblirCQ~¡:¡I;jh MeetlnDS I Re oort , L1s":~ell'awl:n9s ."...··..··..··1 . , . ....,..... HH, 'Report'~ Task '1 .MTl Model Transfer 8. Training, .. ... .............. (Re~IT¡ ... H .......... .....,..... "'01,,1 I '.;...... ............ IIIIIIIICoun1¡ I oew . ........ ...TR "eo Inical Reoort' ....¡.....J.. . ';' '. ...... . ..i,'V". lenReoort , " . ".L,. .' , , ...... ....i . . ., ,. ..... .............. AGENDA REQUEST ~ ITEM NO. C /Ph DATE: April 2, 2002 ~ -:)t1\lt5tmen-!- ..¡¿('~ ~~ REGULAR [ ] PUBLIC HEARING [ ] CONSENT· [ x] PRESENTED BY: ~~~j,'~~ County Engineer TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 SUBJECT: Work Authorization No.5 for Professional Engineering Services-Stormwater Management with Hazen and Sawyer, P.C.; for Orange Avenue Canal Amendment BACKGROUND: Design and permitting for the replacement of four culvert crossings at the Orange Avenue Canal was previously completed, but difficulties acquiring property prevented them from being completed. In order to proceed with bidding and construction of one of the four crossings, the design will need to be separated from the group of four and updated. Additionally, the consultant will assist in preparation of bid documents and award of construction c!>ntract. This will be Work Authorization NO.5 with Hazen and Sawyer, P.C., for Orange Avenue Canal Amendment in the amount of $10,127. FUNDS AVAIL.: Funds will be made available in 102001-3725-563005-4257; 102001-3725-563012-4257 Drainage Maintenance MSTUlStormwater Management PREVIOUS ACTION: RECOMMENDATION: Staff recommends Board approve Work Authorization No. 5 for Professional Engineering Services- Stormwater Management with Hazen and Sawy.er, P.C., for Orànge Avenue Canal Amendment in the amount of $10,127 and authorization for signature by the Chairman: [J4 APPROVED [ ] OTHER: [ ] DENIED COMMISSION ACTION: [x]County Attorney f) ~~' , CoordlnatlonlSianatures 9 [x]Mgt. & Budget 2Ø 1t1/r'1 [x]Co. Eng >r' ( [x]RevenueCoord.Jir!.ñ []Other [x]Originaling Depl Public Works wa5stormh&s orange.ag "" ~ WORK AUTHORIZATION NO.5 Engineering Services Related to Stormwater Management COO-06-085 for Orange Avenue Canal Amendment Pursuant to that certain Agreement Between County and Engineer for Engineering Services (the "Agreement") between St. Lucie County (the "County") and Hazen & Sawyer Engineers, Inc.(the "Engineer") dated June 13, 2000, the Engineer agrees to provide the services in accordance with the Additional Services Agreement. IN WITNESS WHEREOF, the County has hereunto subscribed and the Engineer has affixed his, its, or their names, or name, on the dates below. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: COUNTY ADMINISTRATOR Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: ENGINEER BY: Print Name: Hazen & Sawyer, Engineers, Inc. Date: '-' ...., EXHIBIT A SCOPE OF SERVICES ST. LUCIE COUNTY ORANGE AVENUE CANAL AMENDMENT PROJECT BACKGROUND The design and permitting for the replacement of four culvert crossings of the Orange Avenue Canal was previously completed. At this time, the COUNTY would like to proceed with bidding and construction of one of the crossings. In order to do so, the design will need some updating, and a separate bid package will need to be created. The scope of services provided by CONSULTANT includes all necessary professional services for the following tasks: STATEMENT OF WORK Task 1 - Design Update Relative to the Dole Citrus (Star Farms) crossing. CONSULTANT shall make field visits to assess any significant site condition changes from the previous plans. CONSULTANT shall coordinate with COUNTY to determine what, if any, demolition will be completed by the COUNTY prior to the work of the Contractor. CONSULTANT shall coordinate with Conspan representatives to update any design details relative to the proposed facilities. The culvert design shall be updated to include a bottom slab with a three-foot tumdown edge. Additional details and specifications shall be added relative to end section anchoring and leveling shims. CONSULTANT shall provide original design drawings to COUNTY. Task 2 - Bidding COUNTY shall advertise for and obtain bids for construction (including materials. equipment and labor). The COUNTY shall receive and process deposits for bidding documents and shall maintain a record of prospective bidders to ~m bidding documents have been issued. CONSULTANT shall attend the pre bid conference and provide assistance to the COUNTY with supplements and clarification (on an hourly basis) as requested. Total hours of assistance not to exceed 12 hours. , COUNTY shall issue addenda and shall provide supplemental information or clarification. as appropriate. to interpret, clarify, or expand the bidding documents to all prospective bidders during the bid period. COUNTY shall prepare bid tabulation sheets, a written recommendation conceming contract a\\EIrd. Task 3 - Construction Services 1. CONSULTANT shall assist the COUNTY as requested during construction (up to a maximum of 12 hours). Frp.proposa/sSI.LucieCounty02J. DO:: ....., ..., 2. COUNTY will provide all other construction ser.ices including; · Review and process shop drawings, samples, schedules, certifications and any other data which the construction contractor is required to submit. · Issue necessary interpretations and clarifications of the construction contract documents, in writing. and prepare change orders as required. · COnsider and evaluate construction Contractor's suggestions for modifications in drawings or specificatiOns and make recommendations br action. ASSUMPTIONS 1. COUNTY shall be responsible for acquisition of any necessary easements (including temporary). 2. COUNTY shall prepare contracts and specifications. 3. COUNTY shall pay all permit fees. 4. Any dewatering permits necessary for construction will be obtained by the Contractor. 5. Contractor shall be responsible br preparation of record drawings. 6. COUNTY shall provide all bidding and construction ser.ices. CONSULTANT shall only assist on an as requested basis subject to the hourly limitations outlined ir1 the scope of work. CONSULTANT shall not provide any construction certification. 7. Altemate access is available to the property, therefore no temporary access at the existing crossing needs to be proWled. FIP.Prop08/J/!St.Luci9Co/lfl/y023.DŒ '-'" EXHIBIT B BUDGET ST. LUCIE COUNTY ORANGE AVENUE CANAL AMENDMENT Task Cost $ 7,837 $1.120 $ 1,170 Task 1 - Design Update Task 2 - Bidding Services Task 4 - Construction Services Total $10,127 FtP.Proposø/sSl_UlcíeCounty023_DCC ..." ¥ EXHIBIT C WORK SCHEDULE ST. LUCIE COUNTY ORANGE AVENUE CANAL AMENDMENT Task Time to Completion from Notice to Proceed Task 1 - Design Update Task 2 - Bidding Services Task 3 - Construction Services 4 Weeks To be determined To be determined FtP.ProposlJlsStLucieCounty02J.Ocr: ."" ~ ...., St Lucie County INTERN~[leI(A~..AIRP4 on Flofìda'irfrè~s¡Jrè Coast . AGENDA REQUEST ITEM NO. C-1A DATE: March 19, 2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] PRESENTED BY: Paul Phillips TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Airport SUBJECT: Approve the $1,000 capital request to purchase and replace the commercial grade garbage disposal for the USDA located in the Federal Inspection Station at St. Lucie County International Airport. BACKGROUND: The USDA, located in the Federal Inspection Station at the Airport, has requested the replacement of the commercial grade garbage disposal in the USDA laboratory sink. Since the disposal has ceased working, all international waste is being stored for later incineration by the Airport. Replacing this unit will significantly decrease the Airport costs by allowing USDA to immediately dispose of seized items rather than storing them and then running the incinerator. FUNDS AVAILABLE IN ACCT#: Funds of $1,000 are available in the Airport Building Maintenance Account (140-9910-599330-800) PREVIOUS ACTION: N/A RECOMMENDATION: As the building housing USDA belongs to the Airport, Staff recommends that the Board approve the replacement of the disposal unit to facilitate the services of the USDA and reduce the maintenance costs of operating the incinerator. Reviews & A rovaIs County Attorney: Originating Dept: Finance:(Check fo " OMB Other: Copy only, if applicable) COMMISSION ACTION: [XjAPPROVED [ ]DENIED [ ]OTHER: Purchasing Other: ...... """ USDA-APHISPPQ 2994 Curus King BI'<Ú Ft Pierce, FL 32962 FES 2 7 2002 ~:..............-~.~ February 22, 2002 Paul Phillips, Airport Director, St Lucie International Airport 2300 Virginia Ave Fl Pierce, FL 34982 Dear Mr. Phillips I am writing to request replacement of the commercial grade garbage disposal in the USDA laboratory sink. As you know the disposal ceased \NOrking CNer a year ago and we have since been storing all international waste for later incineration by the county. Since then, the inoperable disposal has also gotten the point where it ceases to even \NOrk as a liquid drain, rendering our laboratory sink useless. We do require a sink to perform normal functions such as specimen preparation for 10 of foreign pests entering through our local ports and dissection of fruit and plant material while inspecting for foreign pests. It is the sole sink in our office area. This presents several problems which could be alleÝiated if we had a functional disposal. The small amount of freezer space we have fills up quickly and dictates more frequent incinerations than v.ould otherwise be necessary if we could effectively dispose of the majority of the organic foreign waste we seize. Experience has shown a commercial grade disposal is required, as a household type will not handle the amount or type of waste we dispose of this way. I believe the estimate to replace the disposal with one of the type currently here was in the 900-1000 dollar range? This is actually cheaper than the type in place at our other Foreign Inspection Stations, but I feel for the volume of garbage we handle here it \NOuld be adequate. If you have any questions please don't hesitate to visit or call me at 561-464-1038. Sincerely, ~/ "-" ....,., AGENDA REQUEST ITEM NO. C-7-B DATE: April 2, 2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): Airport PRESENTED BY: Paul Phillips, Director SUBJECT: Approve an adjustment to budgeted equipment purchases to allow for the purchase of one (1) 15 foot Rhino Flex Wing Rotary Mower at a cost of $10,750.00 BACKGROUND: The Airport currently does not have the required equipment to efficiently maintain the airport safety areas and other grassed areas of the airport. This Fiscal Year, the purchase of a 10' Bush Mower at a cost of $7,000 and a Backhoe Large Bucket Attachment at a cost of $5,000 was approved. By combining the monies approved for these two purchases we will forego the large bucket this year and purchase the larger and more efficient 15' Rhino Flex Wing Mower at a cost of 10,750.00. FUNDS AVAIL: Funds of $7,000 (10' Brùsh Mower) and $5,000 (Backhoe Large Bucket Attachment) are available in the Airport Equipment Account (140-4220-564000-400). PREVIOUS ACTION: N/A RECOMMENDATION: '. Staff recommends that the Board approve the $5,000 increase to the $7,000 budgeted equipment purchase for the $10,750 purchase of the 15' Rhino Flex Wing Mower to more efficiently maintain airfield safety areas and large fields. [x] APPROVED [] DENIED [ ] OTHER: COMMISSION ACTION: Review and Approvals ..., Originating Dept: Management & Budget: Purchasing: County Attorney: Other: ~ I. ~ , .~ , EQL IP~NT PROPOSAL ...,. EVERGLAOES FARM I!OUIPIÆHT CO. B1 SO Oranl/C Avenue Ft. Pierce. FL 34947 Phone; 5e1·461.5Sð6 Fax: Sð 1-466·0735 . BUYER CONTACT DATE ST LUCIE COU ~TY AIRPORT RON 2/18102 ADDRESS PHONE FilE. CITY STATE ZIP FAX ¡QTYI MAKE SERIAL. NO DESCRIPTION PKICE EACH EXTENDED I RHINO FL15 NEW 2002 RHINO Fl15 WITH THE NEW 10,7&),00 10.750.001 FlAT DECK WITH DeCK RING, 540 CV 0.00 DRlVELlNE, FRONT AND REAR SAFETY 0.00 CHAINS AND 6 USED AIRCRAFT TIRES 0,00 0.00 0,00 0.00 0,00 0.00 0,00 0.00 0,00 SUBTOTAL 10.750.00 , TRADE DESCRIPTION QTY MAKE ~ODEL SERIAL" TRADEAMT LIEN AMT NET TRACE 0,00 0,00 0,00 000 0.00 COMMEN'TS OA SPECIAL I STAUCTIONS TRADE TOTAL 0.00 '. SUBTOTAL 10760,00 D.Ooo" TAX 0.00 SURTAX 0.00 THIS PROPOSAl,MAY BE' 'I1THDRAWN BY US DOWN PAYMENT IF NOT ACCEPTED WITHI' 3D DA 'fS BALANCE CUE 10,750.00 ALL IMTERJAlIS GUARANTEED AS SPECIi'IED. AU. WORK 15 TO BE DŒE IN A PROFESSIONAL /MNNERACCOROING TO STAAOAAOSPfCIFiCATiCI'o'S. ANY BUYER OR LEf SEE SIGNATURE ALTEAATI""OA OEVIATIONFROItI THE ABa\'E SPECIFICATIONS RESIJ..TlNG IN 4/lICÎ.;A ¿; EXTRA COSTS WILL BE EXECUTEO ONl'{ UPON WRitTEN ORDERS, NolO Will ,g BECOME AN EXTRA CHARGE OVER AND A9O\IE Tio\E ESTlIMTE ALL AGREE· ~ - MENTSCONTINŒNT uPON STRIkES. ACCIDENTS, OR DElAYS BE~OND OUR SAlESMAN: MI rfeMEL BURNEV CONTROl. NEXTEL: "33~ OR CELL: 201-7741 ThQ1lJcyovfor th, (/þþfJrlVllifJIlO qliolf)VJU ¡lIis tqrÛþml'III! P/M!( (till me if I clln ðt' ofþlT11/tr Qs!i!/an(f.. .>"r~·· '"1':' ", ~~.~: .~:. : joHN DEERE e , , " 1", t'" ~.: ~ ; ;t ,~ . f ,. .. (. "'.. - ~ f,J ',iii' ~:. ~~ I: ..