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HomeMy WebLinkAboutAgenda Packet 05-07-02 '-' .,¡ MAY 7, 2002 6:00 PM BOARD OF COUNTY COMMISSIONERS MEETING AGENDA WELCOME GENERAL RULES AND PROCEDURES Attached is the agenda which ""ill determine the order of business conducted at today's Board meeting: CONSENT AGÈNDA- 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 indi\idually usually in the order listed on the agenda. PUBLIC HEARINGS- These items are usually heard on the first and third Tuesdays at 7:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 AM., then public hearings ""ill be heard at 9:00 AM. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman ",ill open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the Board. ADDRESSING THE COMMISSION- Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies ready for distribution. NON-AGENDA ITE!\IS- These items are presented by an indi\idual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT- Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM- Please be respectful of others opinion. fvlEETINGS- All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 7:00 P.M. and on the second and fourth Tuesdays at 9:00 AM., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Sef\ices Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. ßOARD OF COUNTY COMMISSIONERS \ \ì \ì \'. s tlu cieco.gov ~[ay 7, 2002 6:00 P.M. '-" ...., John D. Bruhn Doug Coward Paula A. Lewis Frannie Hutchinson Cliff Barnes District 1 District 2 District 3 District 4 District 5 AG2\TIA IXVOCA TION PLEDGE OF ALLEGIANCE , RP.2. AIRPORT " St. Lucie County International Airport Master Plan 2002 to 2020 - Consider staff recommendation to approve the master plan prepared by Hoyle, Tanner & Associates (HTA) under the guidance of the Airport Master Plan Study group appointed by the Board and appron the submission of the master plan to the . Federal Aviation Administration (FAA) and the Florida Department of Transportation (FDOT). ~lay 7, 2002 7":00 P.M. 1. MINUTES Approve the minutes of the meeting held April 23, 2002. ') PROCLAMATIONS I PRESENTATIONS Resolution No. 02-112 - Proclaiming the week of May 5, 2002 through May 11,2002 as "GoodwiH We~k" ~ St. Luci~ Cou~, Florida. /") ·1 '"{I-Y:¡d· !/cfntc, A-n\ta {0l.lX'l(Q., q.,tíûH~ tLrLr-ì - ~c LUI ().-'V \.\.'J' </ Resolution No. 02- 117 - Proclaiming the week of May 13, 2002 through May 19, 2002 as "Law Enforcement Week" and urging the citizens of St. Lucie County to observe Thursday, May 16, 2002 as "Law Enforcement Memorial Day" in St.~~lcie c0¡fty, Florida. Il/^/. r-Jr. 1/\ Oi/¡\rJ yj,c.. tJ fLu L ~fèt q-vr ~Uf'L ,....,)Ä} ~~ ,,} Resolution No. 02-118 - proctt ng the Month of May, 2002 as "East Coast Lumber and Supply Company, Inc. Month" in St. Lucie County, Florida, and commends them on their commitment to serving St. Lucie County and the Treasure Coast on this 100th Anniversary of the founding of the Company. )/~\J'y Clnn i1 &-r\[ ¿ l;j NOTICE: All Proceedings before this Board are electronically recorded. All)' person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedmgs 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 r~uiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1418 at least forty-eight(48) hours prior to the meeting. A. B. c. '-' "-' REGULÄ.R AGENDA Ì\lAY 7, 2002 PAGE TWO 3. GENERAL PUBLIC COMMENT í I t t, ! r (~J j..\. '0·, ;-/ C.-t7/! lr. ì .\. ~J4 ),~ ...\~ '.,';()CC'.)\;([fl' w i1 .J L"/L '../ \ir~1i / \,J '-.---..,..... CONSENT AGENDA 4. ~lf¡. ""-'0; .l:m~wømm_,.~.,"""=-,,,,~ - -íHl;' ~ PUBUC HEARINGS COMMUNITY DEVELOPMENT 5A. Draft Ordinance No. 02- 005/ Amending the St. Lucie County Land Development Code by Creating Section 13.09.00, Existing Property Maintenance Code, to provide for adoption of Chapter 3, General 'Requirements of the 2000 International Property Maintenance Code - :\0 specific action is required by the Board at this time. This meeting is for the purpose of accepting public comments and testimony and providing any direction to amend or otherwise modify this draft ordinance. The second public hearing ,\ill be held on May 21, 2002, at 7:00 pm or as soon thereafter as possible. End of Public Hearings ~Hm~'jf't_B'ii~~_IIIillN II!. 6. COUNTY ATTORNEY A. St. Lucie County Mosquito Control District v. City of Fort Pierce - Consider staff recommendation to 1) direct staff to draft legislation deleting Sections 2-9-30 and 2-9-31 from the District's special act, and 2) dismiss the pending Petition for Writ of Certiorari without prejudice to file a new request for exemption after the effective date of the new law (January 1, 2003) and after the completion of the 2003 Legislative Session. B. Dori Slosberg Driver Education Safety Act - Staff recommends that the Board determine whether to authorize the County Attorney to draft an ordinance imposing the additional $3 charge authorized by the Act. '-" .....; CONSENT AGENDA Mav 7. 2002 1. W ARRAj\;TS LIST Approve warrants list No. 30 and No. 31 2. PARKS Aj\TI RECREATION A. The 19th Hole at Fairwinds Café and Grill Contract - Consider staff recommendation to grant permission to notify the Café that the County is exercising its right pursuant to Paragraph 8.03 of the contract to terminate Contract No. COO-08-508 without cause 30 days prior written notice, and grant permission to advertise a Request for Proposals (RFP) for the operation of the Fairwinds Café and Grill. . B. 101¡-. Street Park Project - Consider staff recommendation to approve the Interlocal Agreement with the City of Fort Pierce, and authorize the Chairman to sign the agreement. ." C. Request for Permission to Serve Alcohol at Ft. Pierce Community Center - Consider staff recommendation to approve the Ingle Family request. D. Request for Permission to Serve Alcohol at St. Lucie County Marine Center / Florida Law Enforcement Public Information Officers' Association Reception - Consider staff recommendation to approve the request. 3. PURCHASIXG A. Amendment NO.1 of Agreement No. COO-04-289 with Choice Sanitation for Solid Waste Collection and Recycling Services for St. Lucie County Facilities- Consider staff recommendation to approve the amendment, renewing the annual agreement \\ith Choice Sanitation for the first year of the two (2) year renewal period, and authorize the Chairman to execute the agreement. B. Annual Contract for Road Resurfacing - Consider staff recommendation to grant permission to advertise for bids. C. Bid :\0. 02-058 / Furnish and Install Fencing - Consider staff recommendation to award the bid to Adron Fence Co., DM Ag, Inc., Martin Fence Co., and United Fence and Steel, and authorize the Chairman to execute the agreements as prepared by the County Attorney. D. Rejection of Proposal Received for a Not-For-Profit Entity to Develop and Operate a Wildlife Rehabilitation/Hospital Sanctuary at Indrio Savannahs Natural Area - Consider staff recommendation to reject the proposal received and grant permission to advertise and amended Request for Proposals. E. RFP )10. 02-055 / Historical Resource Survey - Consider staff recommendation to award the RFP to Janus Research, and authorize staff to negotiate a contract, and authorize the Chairman to sign the contract as prepared by the County Attorney. "-' """ CONSENT AGENDA MAY 7, 2002 PAGE TWO 3. PURCHASING (CONTINUED) F. Bid No. 02-047 / Oleander Avenue at DiGiorgi Road Culvert Replacement- Consider staff recommendation to award the bid to the low bidder , Sunshine Land Design, Inc., in the amount of $101,176.99 and authorize the Chairman to sign the contract as prepared by the County Attorney. Staff also recommends the re-allocation of funds from 4151 Street and Avenue D Culvert Project. G. Amendment to Contract No. C02-02-311 with Dickerson Florida, Inc., for the SÙpply of Coquina Rock for the New Fairgrounds - Consider staff recommendation to approve the amendment to the contract for an amount not to exceed £150,000, and authorize the Chairman to sign the amendment as prepared by the County Attorney. .' 4. COUNTY ATTORNEY A First Amendment to June 19, 2001 Consultant Agreement with FAU/FIU Joint Center / Port Master Plan - Consider staffrecommendation to approve the amendment to extend the term to December 31, 2002, and authorize the Chairman to sign the amendment. B. Christensen Road Right-of-Way Donation - Consider staff recommendation to accept the donation and Warranty Deed from the Carlton's, authorize the Chairman to sign Resolution No. 02-115, and direct staff to record the documents in the Public Records of St. Lucie County, Florida. C. Colonial Acres Property Donation - Consider staff recommendation to accept the donation and Warranty Deed for the property, authorize the Chairman to sign Resolution No. 02-124, and direct staff to record the documents in the Public Records of St. Lucie County, Florida. D. Revocable License Agreement / Edwards / 10307 Indian River Drive Right- of-Way - Consider staff recommendation to approve the agreement, authorize the Chairman to execute the agreement and direct Mr. & Mrs. Edwards to record the document in the Public Records of St. Lucie County, Florida. 5. LIBRARY SIRSI Software Maintenance Contract - Consider staff recommendation that the contract in the amount of $20,919 be approved, and authorize the County Administrator to sign the purchasing requisition. '-" CONSENT AGENDA MAY 7,2002 PAGE THREE J 6. AIRPORT A. Part 150 Noise Study Update at St. Lucie County International Airport - Consider staff recommendation to accept the Florida Department of Transportation (FDOT) Joint Participation Agreement (jPA), authorize the Chairman to execute the JPA and Resolution No. 02-122, authorizing the Chairman to sign the agreement for the preparation of the update. B. Rehabilitation of Airfield Lighting Project at St. Lucie County International Airport - Consider staff recommendation to accept the Florida Department of Transportation (FDOT) Joint Participation Agreement (jPA), authorize the Chairman to execute the JPA and Resolution No. 02-123, authorizing the Chairman to sign the agreement for the project. c. . 'Third Amendment to November 21, 1988 Lease Agreement with Experimental Aircraft Association (E-\..é\) - Consider staff recommendation to approve the amendment to allow 30 additional years. D. Bid for "Hardwick Grove" Parcels 45, 4ï, -l7A and the "Kanawha Grove" Parcels 46 and 51 at the St. Lucie County International Airport - Consider staff recommendation to award the bid to the highest bidder, T. Bennett. 7. PUBLIC WORKS A. First Amendment to the Aquatic Yegetation Contract - Consider staff recommendation to approve the amendment to provide services for two additional retention ponds in the amount of $654.50 for the remaining 7 months of the contract term, and authorize the Chairman to sign the contract as prepared by the County Attorney. B. Termination of Contract for Mowing & Litter Pickup Services (Subdivision No.2) - Consider staff recommendation to terminate the contract by mutual agreement of both parties, and grant permission to advertise for bids for a new contract. C. Conditional Acceptance & Maintenance Agreement / Prima Vista Blvd. Extension - Consider staff recommendation to conditionally accept the extension, and authorize the Chairman to sign the Maintenance Agreement. D. St. Lucie County Fairgrounds Project - Consider staff recommendation to approve the work authorization in the amount of $24,980 with Masteller and Moler, Inc., for the design of a water treatment plant, and authorize the Chairman to sign the agreement. E. Oxbow Eco-Center Budget Amendment No. 02 -13 3 / Equipment Request No. 02-215 - Consider staff recommendation to approve the budget amendment and equipment request for the purchase of an all-terrain wheelchair in the amount of $2,000, and accept Deming Design as a sole source for this item. "'" CONSENT AGENDA MAY 7,2002 PAGE FOUR '-J 7. PUBLIC WORKS (CONTINUED) F. Oxbow Eco-Center / Boardwalk Additions - Consider staff recommendation to approve the request for boardwalk additions in the amount of $3,500, using funds from the FRDAP Grant. G. Oxbow Eco-Center / Equipment Request No. 02-214 - Consider staff recommendation to approve the equipment request for the purchase of Adobe Publishing Sofn\-are in the amount of $999.95. 8. MANAGEMENT & BUDGET Student Intern Positions - Consider staff recommendation to grant permission to participate in the Internship Program, approve Position Request No. 02-5ï, and authortze the County Administrator to approve future requests for a Student Intern, subject to stated stipulations. 9. UTILITIES A. North County/ Holiday Pines Clarifier Project - Consider staff recommendation to approve final payment and release of retainage for Hutchinson Utilities Ser\ice Corp. in the amount of $11,908.36. Total contract price after final is S77,338.6ï. B. Automatic Adjustment of Utility Rates for the North County Utility District, North Hutchinson Island and H.E.W. Utilities - Consider staff recommendation to appro\'(' the automatic adjustments provided for in Resolution No. 96-216, and Resolution No. 99-108, consistent with the recommendation of our ltility Consultant. 10. COMMUNITY DEVELOPMENT A Tourism / Simple Success Marketing Advertising Invoices - Consider staff recommendation to approve payment of the invoices for the month of April in the amount of $33,496]5. B. Request For Exemption / Ed\\in S. Merritt and Richard Reitano - Consider staff recommendation to approve the request for an exemption from the requirements of Section 11.02.09(A)(5), St. Lucie County Land Development Code, to prepare an Emironmental Impact Report for the project to be known as Raptor Subdivision - Minor Site Plan/Preliminary Plat. Location: northwest corner of the intersection of Header Canal Road and Leeper Road '-' CONSENT AGENDA MAY 7, 2002 PAGE FIVE ,.I 10. COMi\1UNITY DEVELOPML"H (CONTINUED) C. Request For Exemption I Gordon Lundeen - Consider staff recommendation to approve the request for an exemption from the requirements of Section 11.02.09(A)(5), St. Lucie County Land Development Code, to prepare an Environmental Impact Report for the project to be known as Luke's Lots SID - Major Site PlanjPreliminary Plat. Location: southeast corner of the intersection of Header Canal Road and Carlton-Adams Road D. "Lakela's Mint Refuge" Grant Proposal - Consider staff recommendation to grant permission to submit the gr~nt proposal to the Florida Fish and Wildlife Conservation Commission for endorsement and forwarding to the U.S. Fish and Wildlife Service for funding under the Recovery Land ·:A..cquisition Grant Program. 11. SUPERVISOR OF ELECTIO;\S Supervisor of Elections Voting Equipment Upgrade - Consider staff recommendation to approve revised Equipment Request No. 02-204 and Budget Amendment No. 02-132, moving an additional $27,684 from General Fund Contingency to fund the purchase and pay for anticipated shipping and handling charges. ~ ,..." St. Lucie County Board of County Commissioners Announcements May 7, 2002 A. The 2002/2003 Budget Overview will be held on July 9, 2002 at 2:00 pm )n Room 101. B. The June 11, 2002 Board of County Commissioners Meeting has been cancelled. C. The Board of County Commissioners will hold a Parks Master Plan Workshop on July 1, 2002 at 2:30 PM, in the Commission Chambers. D. The Board of County Commissioners will hold a Sludge Disposal Workshop on May 14, 2002, in Conference Room 3, immediately following the Board of County Commissioners meeting. E. The Board of County Commissioners will hold a Erosion Workshop on May 31, 2002 at 2:00 pm, in the Commission Chambers. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides 10 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 St. Lucie County Community Services Manager at (561) 462- 1777 orTTD (561) 462-1428 at least forty-eight (48) hours prior to the meeting. ." \.... ...,.I BOARD OF COUNTY COMMISSIONERS ADDITIONS AGENDA May 7. 2002 REGULAR AGENDA Proclamation R-A.l Resolution No. 02-125 - Proclaiming the Month of May, 2002 as "Mental Health Month" in St. Lucie County, Florida. CONSENT AGENDA Parks and Recreation C-A.2 Request for Approval to Serve Alcohol at Pepper Park - Consider staff recommendation to approve the request of MOM Marble Company to serve alcohol at its annual picnic on May 11, 2002. ....... 'WI ,: ,\ / \. /~,\ 1)") n" 1{/\I- ..__ .-" u \ X --) . .. I. :/ - .~''\j) \''''~ .-,.,._. l .: I \.. ,-,_ . "~." '-i .. I 1(. " ..... . , l '\~ \r/ :' '---,j..... , ! -" \ v "~' 0\"'.../' j!"" ,,' \ \J /\ \. V " . '-/ j /\. (\ V . \ \;./ Cj I NEW HORJZONS OJ" 1'1Œ TREASURE COAST, INC. ,'--j,\)/ \,,1\ \)j 4500W.MJDW.AYROAD'--' \IJ -,~. I FORT PIERCE, FLOlUDA 34981 ,·--":'V ) , , (561) 468-5600 ( ; \ \ / Fax #(561) 468-5606 FAX TRANSMISSION FROM Date: 5/s)0 :;1- To: ~6. Þi 'TLJ. cb.,..¡ Fn # "7 G J. - ~ },~ ) -- FrOm'jYJ~ ~ >hon.O _ ~(¡¡. -Y6ì~ M..,ag" un ÚJ1/l;-'-4 (r,)f- --- Total number of pages, including cover sheet: ~ If you do \lot receive all tbe p:!gtS noted above please wntact sender. Thank Yon av.d have a great day! © COJ'¡fIDENTIALlTY NOTICE The information ~ontained in the facSimi1e is privilqed a:Id confið!"lttial is1fom¡ation, intended for the ùsc of the addressee liste:d above. If yuu a.-e DOt the ittte¡1ti.ed recipi~t, you a.re be:reby notified that you are DOt to read its c:CIttmD ~ that any disclosure, ccpyin~ or distribution of the contents of dús iofom:¡ation is s::rict.1y prohibited. If yo\: bave recei:ved tbi5 tàcsimile in error, pleasr. nociíy us ~i.uel'Y by t~lepbene tc a...~.ge fer the retUrn of t.\ù:I mllteri31 to us. Th1.'Ik you' " ... .--.,-, ,T""'" , -:.,..~ 1::..1:"l-'T\J-:U /')':]...1 CI":''CJL'C1t:::hTOC ~ 'WI Ji~~ s ~ New HoyjZOJ1S OF THE TRtASURE COAST, INC. To: Diane Tucker From: Margi sa~rmañ1i{ l > Sub): Proclamation-Mental Health Monti Date: May 2. 2002 via fax--462-2131 Attached please fir'ld a draft proclamation recognìting New Horizons of the Treasure Coast during Mental Health Month. We are asking that the proclamatíon(with your revisions, if needed) be adopted by the Board of County Commissioners at Its May 7'" meeting. As CEO of New Horizons, I will attend tie meeting to accept the proclamation. Your consideration of this request is appreciated. Please call me at 468-4078 if additional information is needed. ~¡(MiLÞ¡iÑ B , .»\IL1tt Administrative Offices' 4500 W. Midway Road· Fort Pierce, FlorIda 34981-4823 (561) 468-4078 . Fax (581) 468-5606 ....-'.n,. -:>'"'"11 ,--fA !\.JI c--r:;.-,::-n...J ?T¡-' c:~n7T)' ¡ìµ 'i'=i"J C.l71q~qÞ1qC: IS' ,4~t~ ~ '- ""'" PROC1-AMA TION AFFIRM1NG that mental health is essential to everyone's overal1 health and welt-being; and WHEREAS,. o~~ in five American adults and children are affected by 8 menta! illness; and WHEREAS, mental health problems do not disc.rlmlnate. They know no race, creed, age IImìt or economic status; and WHEREAS, people with mentalUlness can recover and lead f.,¡U productive liVes; snd WHEREAS, over 92,000 adults with serious and persistent mental illnesses an(! over 79,000 children with serious emotional disturb.anoes have no ac:cess to mental health treatment in Florida; and WHEREAS, untreated or under treated mental illness costs public sod private emplOyers billions of dollars annually through absenteeism, tumover, low productivity and increased medical costs; and WI-IEREAS, nearly 250/0 of Florida'S jail Inmates have a serioUs mantal "Inees and local jails have become the largest public psychlÐtrtc hospitals, housIng over 10,000 offenders wI1h mental Illnesses, many of whom are low lè'lel offenders; and WHEREAS, New Honlons of the Treasure Coast provides compÆhensive mental health and substance abuse services 10 over 5,000 St. Lucie County reeídants each year, regardless of their ability to pay; and WHEREAS, St. ,.ucie County has made a commitment to community-based systems (I mental health care ìn which all residents can receive high quality services; BE IT THEREFORE RESOLVED, that the entire month of May is designated and proclaimed Mental Health Mcmtl1, and aU chizens, govemmént agancieS. public end private instItUtions, busÎnesses and schools recommit our community to ir\creasng awareness and ¡.ndarstandlng of mental illness and the need for appropriate and accassb!e service& for an people with mental disorders. ' BE IT FURTHER RESOLVED. that New HorilOns of tI'1e Treasure Coast be congratulated on its more than four decades of service to the Tre8$ure Coast area and commended for its continued dedication to individuals and families living with mental illness and substance abUse disorders. iN WITNESS WHEREOF, I have hereunto set my seal this _ of May 2002. C-··CH _. . ?1A, ,,OJ .lH,1 nv;-nri 7TC S'irF'pnH V4'1 "'Ø;:¡C;Sgt>l% ,,-. "-' MAY 7,2002 6:00 PM BOARD OF COUNTY COMj\1ISSIONERS NIEETING AGENDA WELCOME GENERAL RULES AND PROCEDURES Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT iXGÈNDA- These items are considered routine and are enacted by one motion. There . will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA ITEMS- Proclamations, Presentations, Public Hearings, and Department requests are items which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS- These items are usually heard on the first and third Tuesdays at 7:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 AM. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone \\ishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman ""ill ask for public comment, (4) further discussion and action by the Board. ADDRESSING THE COMMISSION- Please state your name and address, speaking clearly into the microphone. If you have backup material. please have eight copies ready for distribution. NON-AGENDA ITEMS- These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC 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. !\1EETINGS- All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 7:00 P.M. and on the second and fourth Tuesdays at 9:00 AM., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. '" \w' . ...., wvvw.stlucieco.gov John D. Bruhn Doug Coward Paula A. Lewis Frannie Hutchinson Cliff Barnes District I District 2 District 3 District 4 District 5 ßOARD OF COUNTY COMMISSIONERS AGENDA May 7, 2002 6:00 P.M. INVOCATION PLEDGE OF ALLEGIANCE - RP.2. AIRPORT .' St. Lucie County International Airport.Master Plan 2002 to 2020 - Consider staff recommendation to approve the master plan prepared by Hoyle, Tanner & Associates (HT A) under the guidance of the Airport Master Plan Study group appointed by the Board and approve the submission of the master plan to the . Federal Aviation Administration (FAA) and the Florida Department of Transportation (FDOT). May 7, 2002 7:00 P.Ì\L 1. MI1\TUTES Approve the minutes of the meeting held April 23, 2002. 2. PROCLAMATIONS I PRESENTATIONS A Resolution No. 02-112 - Proclaiming the week of May 5, 2002 through May 11,2002 as "Goodwill Week" in St. Lucie County, Florida. B. Resolution No. 02- 117 - Proclaiming the week of May 13, 2002 through May 19, 2002 as "Law Enforcemeht Week" and urging the citizens of St. Lucie County to observe Thursday, May 16, 2002 as "Law Enforcement Memorial Day" in St. Lucie County, Florida. C. Resolution No. 02-118 - Proclaiming the Month of May, 2002 as "East Coast Lumber and Supply Company, Inc. Month" in St. Lucie County, Florida, and commends them on their commitment to serving St. Lucie County and the Treasure Coast on this 1 ooth Anniversary of the founding of the Company. NOTICE: All Proceedings before this Board are electronically recorded. An)' person who decides to appeal any action taken by the Boara at these meetings will need a record of the proceedmgs and for such purpose may 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) 462-14Z8 at least forty-eight(48) hours prior fo the meeting. '-' ...." REGULAR AGENDA MAY 7,2002 PAGE TWO 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA 1£~·i'F®\:,~~~~~_·~ - .I!II,-< _w_ ......~ PUBLIC HEARINGS COMMUNlTY DEVELOPMENT SA. Draft Ordinance No. 02- 005/ Amending the St. Lucie County Land Development Code by Creating Section 13.09.00, Existing Property Maintenance Code, to provide for adoption of Chapter 3, General 'Reqlùrements of the 2000 International Property Maintenance Code - No specific action is required by the Board at this time. This meeting is for the purpose of accepting public comments and testimony and providing any direction to amend or otherwise modify this draft ordinance. The second public hearing will be held on May 21, 2002, at 7:00 pm or as soon thereafter as possible. End of Public Hearings f,'~~~*_JI!(tJ._ . 6. COUNTY ATTORNEY A, St. Lucie County Mosquito Control District v. City of Fort Pierce - Consider staff recommendation to 1) direct staff to draft legislation deleting Sections 2-9-30 and 2-9-31 from the District's special act, and 2) dismiss the pending Petition for Writ of Certiorari without prejudice to file a new request for exemption after the effective date of the new law (J anuary 1, 2003) and after the completion of the 2003 Legislative Session. B. Dori Slosberg Driver Education Safety Act - Staff recommends that the Board determine whether to authorize the County Attorney to draft an ordinance imposing the additional 53 charge authorized by the Act. "" ...., CONSENT AGENDA May 7. 2002 1. WARRANTS LIST Approve warrants list No. 30 and No. 31 2. PARKS AND RECREATION A. The 19th Hole at Fairwinds Café and Grill Contract - Consider staff recommendation to grant permission to notify the Café that the County is exercising its right pursuant to Paragraph 8.03 of the contract to terminate Contract No. COO-08-508 without cause 30 days prior written notice, and grant permission to advertise a Request for Proposals (RFP) for the operation of the Fairwinds Café and Grill. , B. loth Street Park Project - Consider staff recommendation to approve the Interlocal Agreement with the City of Fort Pierce, and authorize the Chairman to sign the agreement. " C. Request for Permission to Serve Alcohol at Ft. Pierce Community Center - Consider staff recommendation to approve the Ingle Family request. D. Request for Permission to Sene Alcohol at St. Lucie County Marine Center / Florida Law Enforcement Public Information Officers' Association Reception - Consider staff recommendation to approve the request. 3. PURCHASING A. Amendment No.1 of Agreement ì\o. COO-04-289 with Choice Sanitation for Solid Waste Collection and Recycling Services for St. Lucie County Facilities - Consider staff recommendation to approve the amendment, renewing the annual agreement with Choice Sanitation for the first year of the two (2) year renewal period, and authorize the Chairman to execute the agreement. B. Annual Contract for Road Resurfacing - Consider staff recommendation to grant permission to advertise for bids. C. Bid No. 02-058 / Furnish and Install Fencing - Consider staff recommendation to award the bid to Adron Fence Co., DM Ag, Inc., Martin Fence Co., and United Fence and Steel, and authorize the Chairman to execute the agreements as prepared by the County Attorney. D. Rejection of Proposal Received for a Not-For-Profit Entity to Develop and Operate a Wildlife Rehabilitation/Hospital Sanctuary at Indrio Savannahs Natural Area - Consider staff recommendation to reject the proposal received and grant permission to advertise and amended Request for Proposals. E. RFP No. 02-055 / Historical Resource Survey - Consider staff recommendation to award the RFP to Janus Research, and authorize staff to negotiate a contract, and authorize the Chairman to sign the contract as prepared by the County Attorney. \..¡ -...I CO\'SE~T AGENDA r,l~Y ï, 2002 PAGE nm 3. PURCHASING (CONTINUED) F. Bid No. 02-047 / Oleander Avenue at DiGiorgi Road Culvert Replacement- Consider staff recommendation to award the bid to the low bidder, Sunshine Land Design, Inc., in the amount of $101,176.99 and authorize the Chairman to sign the contract as prepared by the County Attorney. Staff also recommends the re-allocation of funds from 4151 Street and Avenue D Culvert Project. G. Amendment to Contract No. C02-02-311 with Dickerson Florida, Inc., for the Sùpply of Coquina Rock for the l\ew Fairgrounds - Consider staff recommendation to approve the amendment to the contract for an amount not to exceed $150,000, and authorize the Chairman to sign the amendment as prepared by the County Attorney. ." 4. COUNTY ATTORNEY A First Amendment to June 19, 2001 Consultant Agreement with FAU/FIU Joint Center / Port Master Plan - Consider staff recommendation to approve the amendment to extend the term to December 31, 2002, and authorize the Chairman to sign the amendment. B. Christensen Road Right-of-Way Donation - Consider staff recommendation to accept the donation and Warranty Deed from the Carlton's, authorize the Chairman to sign Resolution No. 02-115, and direct staff to record the documents in the Public Records of 51. Lucie County, Florida. C. Colonial Acres Property Donation - Consider staff recommendation to accept the donation and Warranty Deed for the property, authorize the Chairman to sign Resolution No. 02-124, and direct staff to record the documents in the Public Records of St. Lucie County, Florida. D. Revocable License Agreement / Ed,,-ards /10307 Indian River Drive Right- of-Way - Consider staff recommendation to approve the agreement, authorize the Chairman to execute the agreement and direct Mr. & Mrs. Edwards to record the document in the Public Records of 51. Lucie County, Florida. ). LIBRARY SIRSI Software i\laintenance Contract - Consider staff recommendation that the contract in the amount of $20,919 be approved, and authorize the County Administrator to sign the purchasing requisition. \w ;.J CONSENT AGEI\DA MAY 7,2002 PAGE THREE 6. AIRPORT A. Part 150 Noise Study Update at St. Lucie County International Airport - Consider staff recommendation to accept the Florida Department of Transportation (FDOT) Joint Participation Agreement OPA) , authorize the Chairman to execute the JPA and Resolution No. 02-122, authorizing the Chairman to sign the agreement for the preparation of the update. B. Rehabilitation of Airfield lighting Project at St. Lucie County International Airport - Consider staff recommendation to accept the Florida Department of Transportation (FDOT) Joint Participation Agreement OP A), authorize the Chairman to execute the ]FA and Resolution No. 02-123, authorizing the Chairman to sign the agreement for the project. c. ' 'Third Amendment to l\o\ember 21, 1988 Lease Agreement with Experimental Aircraft Assodation (EAA) - Consider staff recommendation to approve the amendment to allow 30 additional years. D. Bid for "Hardwick Grove" Parcels 45, 47, 47 A and the "Kanawha Grove" Parcels 46 and 51 at the St. Lucie County International Airport - Consider staff recommendation to a\\-ard the bid to the highest bidder, T. Bennett. I. PUBLIC WORKS A. First Amendment to the Aquatic Vegetation Contract - Consider staff recommendation to appro\e the amendment to provide services for two additional retention ponds in the amount of $654.50 for the remaining 7 months of the contract term, and authorize the Chairman to sign the contract as prepared by the County Attorney. B. Termination of Contract for ~fowing & litter Pickup Services (Subdivision No.2) - Consider staffrecommendation to terminate the contract by mutual agreement of both parties. and grant permission to advertise for bids for a new contract. C. Conditional Acceptance & ~Iaintenance Agreement / Prima Vista Blvd. Extension - Consider staff recommendation to conditionally accept the extension, and authorize the Chairman to sign the Maintenance Agreement. D. St. Lucie County Fairgrounds Project - Consider staff recommendation to approve the work authorization in the amount of $24,980 with Masteller and Moler, Inc., for the design of a water treatment plant, and authorize the Chairman to sign the agreement. E. Oxbow Eco-Center Budget Amendment No. 02-13 3 /Equipment Request No. 02-215 - Consider staff recommendation to approve the budget amendment and equipment request for the purchase of an all-terrain wheelchair in the amount of $2,000, and accept Deming Design as a sole source for this item. \.. ....,¡ CONSENT AGEI\DA MAY 7, 2002 PAGE FOUR 7. PUBLIC WORKS (CONTINUED) F. Oxbow Eco-Center / Boardwalk Additions - Consider staff recommendation to approve the request for boardwalk additions in the amount of $3,500, using funds from the FRDAP Grant. G. Oxbow Eco-Center I Equipment Request No. 02-214 - Consider staff recommendation to approve the equipment request for the purchase of Adobe Publishing Software in the amount of $999.95. 8. MANAGEMENT & BUDGET Student Intern Positions - Consider staff recommendation to grant permission to participate in the Internship Program, approve Position Request No. 02-57, and authortze the County Administrator to approve future requests for a Student Intern, subject to stated stipulations. 9. UTILITIES A. North County/ Holiday Pines Clarifier Project - Consider staff recommendation to approve final payment and release of retainage for Hutchinson Utilities Service Corp. in the amount of $11,908.36. Total contract price after final is $77,338.67. B. Automatic Adjustment of Utility Rates for the North County Utility District, North Hutchinson Island and H.E.W. Utilities Consider staff recommendation to approve the automatic adjustments provided for in Resolution No. 96-216, and Resolution No. 99-108, consistent with the recommendation of our Utility Consultant. 10. COMMUN1TI'DEVELOPMENT A. Tourism / Simple Success Marketing Advertising Invoices - Consider staff recommendation to approve payment of the invoices for the month of April in the amount of 533,496.75. B. Request For Exemption / Edwin S. Merritt and Richard Reitano - Consider staff recommendation to approve the request for an exemption from the requirements of Section 11.02.09(A)(5), St. Lucie County Land Development Code, to prepare an Environmental Impact Report for the project to be knO\\ll as Raptor Subdivision - Minor Site Plan/Preliminary Plat. Location: northwest corner of the intersection of Header Canal Road and Leeper Road \w ...., CO\'SENT AGENDA !\I.-\Y ï. 2002 PAGE FIVE 10. COMMUNITY DEVELOPMENT (CONTINUED) C. Request For Exemption/ Gordon Lundeen - Consider staff recommendation to approve the request for an exemption from the requirements of Section 11.02.09(A)(5), St. Lucie County Land Development Code, to prepare an Environmental Impact Report for the project to be known as Luke's Lots SID - Major Site Plan/Preliminary Plat. Location: southeast corner of the intersection of Header Canal Road and Carlton-Adams Road D. "Lakela's Mint Refuge" Grant Proposal - Consider staff recommendation to grant permission to submit the grqnt proposal to the Florida Fish and Wildlife Conservation Commission for endorsement and forwarding to the U.S. Fish and Wildlife Service for funding under the Recovery Land ·:A.cquisition Grant Program. 11. SUPERVISOR OF ELECTIONS Supervisor of Elections Voting Equipment Upgrade - Consider staff recommendation to approve revised Equipment Request No. 02-204 and Budget Amendment No. 02-132, moving an additional $27,684 from General Fund Contingency to fund the purchase and pay for anticipated shipping and handling charges. "" ...., St. Lucie County Board of County Commissioners Announcements May 7, 2002 A The 2002/2003 Budget Oveniew "ill be held on July 9, 2002 at 2:00 pm )n Room 101. ___ B. The June 11, 2002 Board of County Commissioners Meeting has been cancelled. C. The Board of County Commissioners will hold a Parks Master Plan Workshop on July 1, 2002 at 2:30 P~I, in the Commission Chambers. D. The Board of County Commissioners will hold a Sludge Disposal Workshop on May 14, 2002, in Conference Room 3, immediately following the Board of County Commissioners meeting. E. The Board of County Commissioners will hold a Erosion Workshop on May 31,2002 at 2:00 pm, in the Commission Chambers. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meelings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record 01 the \. ...,J proceedings is made. Upon the requesl 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. t.ucie County Community Services Manager at (561) 462- 1777 or TIC (561) 462-1428 at least forty-eight (48) hours prior to the meeting. " ~ ...J BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: April 23, 2002 Tape I-2 Convened 9:00 a.m. Adjourned: 11:1 5 a.m. Commissioners Present: Chairman, Doug Coward, Cliff Barnes, Frannie Hutchinson, Paula A. Lewis, John D. Bruhn Others Present: Doug Anderson, County Administrator, Robert Bradshaw, Ass1. County Administrator, Dan McIntyre, County Attorney, Dennis Murphy, Community Development Director, Ray Wazny, Public Works Director, Paul Phillips, Airport Director, Pete Keogh, Parks and Recreation Director, Dennis Wetzel, IT Director, Paul Hiott, Veterans Service Director, Gayla Barwick, Tourism Director, Roger Shinn, Central Services Director, Jim David, Mosquito Control Director, Bill Blazak, Utilities Director, Mike Bowers, Ass1. Public Works Director, Sheriff Mascara, A. Millie Delgado, Deputy Clerk 1. MINUTES (1-029) It was moved by Com. Barnes, seconded by Com. Bruhn, to approve the minutes of the meeting held April 16,2002; and, upon roll call, motion carried unanimously. 2. PROCLAMATIONS A. Resolution No. 02- 104- Proclaiming the month of May, 2002 as"Civility Month"in St. Lucie County, Florida It was moved by Com. Hutchinson, seconded by Com. Bruhn, to approve Resolution No. 02-104; and, upon roll call, motion carried unanimously. B. Resolution No. 02-107- Proclaiming May 4, 2002 as "Conservation Alliance Day" in S1. Lucie County, Florida. It was moved by Com. Barnes, seconded by Com. Bruhn, to approve Resolution NO. 02- 107; and, upon roll call, motion carried unanimously. Mr. Bob Banger, Conservation Alliance member was present to accept the proclamation. C. Resolution No. 02-111- Naming the Pepper Park Ball Field as "Firefighters Field" in Honor of the Men and Women of the S1. Lucie County Fire District and in Light of the Events of September I 1,2001. It was moved by Com. Bruhn, seconded by Com. Lewis, to approve Resolution No. 02- III; and, upon roll call, l1lolion carril.:d unanimously. Firc ChiefSeizmore was present to acccpt the proclamation. D. Resolution No. 02-110- Proclaiming the week of April 21, 2002 through April 27, 2002 as "Crime Victims Rights Week" in S1. Lucie County, Florida. It was moved by Com. Hutchinson, seconded by Com. Bruhn, to approve Resolution No. 02-110; and, upon roll call, motion carried unanimously. I '-" ...I Sheriff Mascara was present to accept the proclamation. E. Award Announcement- The Florida Native Plant Society awarded the St. Lucie County Marine Center 3rd place, statewide for Landscaping with Native Plants. Dr. Rice from the Smithsonian was present to accept the award. F. Award Announcement- The Florida Native Plant Society awarded Jody Bonet the "Green Palmetto" Award for her years of work with and for native plants. G. Employee of the Quarter- The Employee of the 2nd Quarter was announced. Congratulations to Paul Hiott, Veterans Service Director. 3. GENERAL PUBLIC COMMENTS Mr. Robert Carlson, Carlton Road, addressed the Board regarding the Class A mobile homc approval from the April 16,2002 mceting. Hc stated conflict with the size of the parcel and what would be needed to approve this mobile home at the location. The Planning Manager suggested the decision be left up to the permitting agencies. It was the consensus of the Board to let the permitting agencies handle this problem along with code enforcement. Mr. Charles Grande, Hutchinson Island resident addressed the Board regarding public comments given before particular items on the agenda are discussed and felt the public should have the opportunity to express their opinions when the items are up for discussion. He also commented on the Harbor Advisory Committee limiting public participation during the meetings. The Asst. County Administrator advised the Board that the committee does have a public comments section during the meeting. Ms. Dolores Johnson, Waterfront Council, commended the Board on their consideration of the citizens of St. Lucie County and doing what is in their best interest. Ms. Holly Soop, Citrus Avenue resident, addressed the Board requesting the Board consider a 3 way stop sign be placed at Country Garden and Citrus. A petition was submitted. The Traffic Engineer stated he would need to have a traffic study done to see if it is warranted, there are certain criteria elements which must be met. 4. CONSENT AGENDA(I-159ó) It was moved by Com. Lewis, seconded by Com. Barnes, to approve the Consent Agenda; to include Ca-I and CA-2 and, upon roll call, motion carried unanimously. I. WARRANT LIST The Board approved Warrant List No. 29. 2. PARKS AND RECREATION 2 '-' ...,.; Community Parks System Master Plan/Lawnwood Recreation Complex Master Plan(Parks Referendum) - A written copy of the update has been forwarded to the Board for review. 3. COMMUNITY SERVICES Modification Agreement- FFY 2001/2002 Department of Community Affairs Community Services Block Grant Agreement/Budget Resolution No. 02-105- The Board approved the agreement and budget resolution and authorized the Chairman to sign all necessary documents for the application and acceptance of the modification. 4. COUNTY ATTORNEY . A. Resolution No. 02-103/Temporary Construction Easement/South Hutchinson Island Wastewater- The Board approved accepting the easement authorized the Chairman to execute the resolution and instructed staff to record the resolution ad easement in the Public Records of St. Lucie County, Florida. B. Downcast Sailing Adventures/Amended and Restated Dock Usc Agreement- The Board approved the proposed amended and restated agreement and authorized the Chairman to sign the agreement. 5." PUBLIC SAFETY A. Certificate of Public Convenience and Necessity Class B- The Board approved renewing Coastal Ambulance Class B Certificate of Public Convenience and Necessity. B. Certificate of Public Convenience and Necessity Class C- The Board approved renewing American Medical Response Class C Certificate of Public Convenience and Necessity. 6. PURCHASING A. Bid No. 02-054/Pet Control Services- The Board approved awarding the bid to the low bidder, Terminix, Inc., and authorized the Chairman to execute the agreement as prepared by the County Attorney. B. RFP No. 02-046- Concession Services- The Board approved awarding the RFP to Domenick Collura, The Country Store Sub Shop & Catering, Inc., and authorized staff to negotiate a contract and the Chairman to sign the contract, as preparecl by the County Attorney. C. Bid Waiver and Contract for the Emergency Repair of South Indian River Drive at Walton Road- The Board approved the repairs waived the formal bid process, and authorized the Chairman to execute the contract with Dickerson Florida, Inc. in the amount of$28,278. 7. MANGEMENT AND BUDGET Budget Resolution No. 02-106- The Board approved the budget resolution to appropriate and expend the additional funds for the FT A Section 5307 Grant. 8. COMMUNITY DEVELOPMENT A. Shell Cove Addition SubdivisionlFinal Plat Review- The Board approved the final plat and authorized staff to proceed with its final processing. B. Resolution No. 02-039- The Board approved the resolution amending Resolution No. 02-204 which granted approval for a Major 3 '-" ....I Adjustment to the existing Planned Unit Development known as The Savanna Club DRI, to correct a scriveners error in Condition No.2 of Part A of the said resolution. C. Pelican Pointe West- The Board approved the final plat and authorized staff to proceed with its final processing. 9. PUBLIC WORKS Road and Bridge/Resolution No. 02-109- The Board approved the resolution establishing the intersection of Lennard Road and Jennings Road/Maslan Avenue as a four way stop intersection. CA-I PURCHASING Permission to advertise- The Board approved advertising bids for a construction to widen the shoulder of Orange Avenue trom Kings Highway to the County line. CA-2 COMMUNITY DEVELOPMENT Tourism/Grant Agreement Amendment- The Board approved the Treasure Coast Sports Commission amendments for the January 16,2002 and December 2001 grant agreements to be consistent with the County's existing budget year. . REGULAR AGENDA 5.A COMMUNITY DEVELOPMENT (1-2099) Section 108 Loan Guarantee Programll sl Required Public Hearing- Staff recommended that the Board consider if they wish to proceed with the further processing of a Section 108 Loan for the purpose of supporting Economic Development activities in the County. It was the consensus of the Board to move fOlWard with the second public hearing. The Board felt this was a worthwhile program provided it is not utilized to provide public housing and is utilized soley for infrastructure and economic development. Mr. John Ferrick, area resident, addressed the Board in favor of the program as long as the guidelines are followed. 6. PUBLIC WORKS(I-2284) Academy Drive MSBU Final Hearing/Potable Water Improvements FPUAI Resolution No. 02-099- Consider staff recommendation to adopt the resolution approving the Final Assessment Roll. It was moved by Com. Lewis, seconded by Com. Bruhn, to approve Resolution No. 02- 099; and, upon roll call, motion carried unanimously. 7. COUNTY ATTORNEY (1-2339) A. Citrus Avenue Sub-Basin Drainage Improvements- Contract for Sale & Purchase- Consider staff recommendation to approve the contract with Cambron's and Berg's in the amount of $225,000 plus closing costs, authorize the Chairman to execute the contract and instruct staff to proceed with the closing and record the documents in the Public Records of S1. Lucie County, Florida. It was moved by Com. Bruhn, seconded by Com. Barnes, to approve staff recommendation; and, upon rolt call, motion carried unanimously. 4 '-" .., B. Permission to Purchase Tax Deeds- Consider staff recommendation to grant permission to allow the Public Works Department to purchase the tax deeds on the property at 2102 Matanzas Avenue, Fort Pierce, Fla. It was moved by Com. Bruhn, seconded by Com. Barnes, to approve staff recommendation; and, upon roll call, motion carried unanimously. 8. ADMINISTRATION (1-2789) A. St. Lucie County Chamber of Commerce Request for Funding for Implementation of Comprehensive Everglades Restoration Plan- Staff is requesting the Board provide direction on this funding request. If approve staff recommends funding be provided from the General Fund Contingency Account and approval of Budget Amendment No. 02- 131. Mr. Doug Davis, President, SLC Chamber of Commerce, addressed the Board's questions. It was moved by Com. Hutchinson, seconded by Com. Bruhn, to approve the funding request in the amount of $20,000.; and, upon roll call, motion carried unanimously. B. The Board gave updates on the;! committees and advisory boards. RA-I COMMUNITY DEVELOPMENT (1-3615) Ten Mile Creek Acquisition Sites/Crossroad Park of Commerce and Gordy Road Tracts- Staff requests further direction regarding the Commissioners desire to acquire the subject lands. Com. Barnes requested the Board consider moving forward in purchasing these parcels by contacting the property owners and finding out if they are willing sellers. He also asked staff to obtain information on possible assistance in state funding for these purchases. Com. Coward stated he would prefer to have time to digest all the details before putting any money forth for such a project. He also recommended they ask for the Land Acquisition Committee's input. He is not prepared to say yes or no without knowing the City ofFt. Pierce's feelings on this isslIc. He fel~ the city's position is very important. Com. Hutchinson stated she did not mind moving forward in obtaining the information, however, she felt it was too early to start negotiating on the purchase. She too would like to know the city's position and maybe pursue a large variety of funding partners. Mr. Todd Lyons, Jensen Beach resident, addressed the Board regarding the off road trails in the area. He estimates 75/100 off road trail bike riders use the area and asked the Board to consider purchasing the property in order to keep it for this use. Mr. Richard Sigletti White City resident, addressed the Board in favor of purchasing the land. No action taken at this time. t INA<ìENDAD ITEM MOSQUITO CONTROL Vitolo Family Park at Middle Cove- Consider staff recommendation to revoke Resolution No. 02-091 for assistance under the Florida Inland Navigation District Waterways Assistance Program, and approve Resolution No. 02-108 with the new total project cost and match percentage. 5 04/19/02 F'7.;!\BWARR FUND 001 001111 001115 001117 . 001129 001140 001143 001147 001260 001265 001266 001267 001269 001271 001809 101 101003 102 102001 102104 105 001 107002 107003 121 140 140001 145815 160 183 183001 183004 185002 282 310003 316 382 389 401 418 421 441 448 449 451 4c;g 471 478 479 491 505 505001 611 625 630 650 , \, "'" ~. <11-.- ...I ST. LUCIE COUNTY - BOARD WARRANT LIST #29- 13-APR-2002 TO 19-APR-2002 FUND SUMMARY TITLE General Fund FTA-001-49 USC Sec 5307 96/97 FTA-001-49 USC Section 5307 97/98 FTA 49 USC Sec 5307 98/99 FTA USC Section 5307 FYOO/01 Section 112/MPO/FHWA FYOl/02 Health & Human Srvcs CSBG FYOl/02 NOAA/FDCA Adopt-A-Beach DCA Housing Survey TDC Planning Grant FYOl/02 CTD TRIP Grant FYOl/02 EMPA 01/02 Dept. of Community Affai FDEP-Urban Mobile Lab Grant 01/02 DHR-Historical Museum Grant-In-Aid SFWMD-Floridian Aquifer Well 01/04 Transportation Trust Fund Transportation Trust/Local Option 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 Blakely Subdivision Fund Port & Airport Fund Port Fund SFWMD IRL 2001 License Plate Grant Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court SHIP Housing Assistance ~Y 01/02 Environmental Land I&S Fund Impact Fees-Public Buildings County Capital Environmental Land Capital Fund Rouse Road MSBU 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 Sports Complex Fund No County Utility District-Operatin No Cty Util Dist-Renewal & Replace No Cty Util Dist-Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Law Library Tax Deed Overbid Agency Fund Agency Fund GRAND TOTAL: EXPENSES 848,357.35 21,824.00 3,845.00 11,914.00 88.00 973.92 833.64 876.83 789.18 149.89 17,416.80 99.00 271.19 389.78 298.74 45,032.34 88,171.79 24,677.72 1,066.40 281.21 810.23 109,277.55 14,423.27 2,858.28 48.12 68.18 23,762.99 7,052.07 279.22 2,086.39 1,803.28 280.87 655.80 7,607.20 450.00 16,520.50 28,091.74 2,268.81 10,048.50 27,665.20 34,630.21 76.44 2,147.23 4,646.64 643.56 49,571.79 1,046.95 54,088.67 1,020.62 463.66 216.55 8,419.84 26,387.48 194.1-1 8,697.53 70.17 6,180.70 9,265.41 1,531,182.57 PAGE 1 PAYROLL 24,110.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 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 8,626.80 0.00 0.00 0.00 0.00 0.00 32,736.80 ·~/L &ø¡céÞl &-?f/7/JA--IAd Ii)?:! "'./~.-.----' .....,. I'R!·:f'AREf)ß\, y7ú~CC/ ~flÆ/'-I / itJ1J1L- DATI, . ~ 1 cf- !J1CVLû1A ~o-n~ /6ó I /Î1æ(&~ cI CI L/¿t/- fç/bþ f: 1: ,,9c1,~~~~~)~~ /~ql/a~' CJ (f~/:~;; " ;\ (~/~o/) ~ 17/-{ M {{U qvJ (f ~61-077() ,~' 5 OflØ¿* ~M $7DI ~,f).~ %t.f~~('-èl -",C (, ~ pi-- &.ØJ hf-d-1é0 //O¿' Ä2~NC>ðCI' Xi/l '~ Y-OCf>~ 'ì 7 ])Æß I T¡;:uJ 11/ vLdo {OO f (J OSCC0(( fA.-. IJl %{~O'9Cl1 . I s ~L ~ ~ll~,~ rrv8 ,~~:VC¿,~,~ 4L:~sc¡1ú C~~ 'J 1)f\a/V\~. fJ{z.CJ'(¡(d';{ (\'/IA/LlC1lC) t/kl( iHf.'Úa«l {( (, /'> u (, /' (".(' J 10 /<o.~U l,!:Y" VC_~L.....Y) /72u /C'tCì IICud C', {./¿,ú., '_:;C'O'/ 1: 11 ÙJlt llauLjl·tvt /7JD )(¿{(Oc( Cf- 4c:'C·'-.3CJóL( ~ 12 0CJCVì Jco nV1 ~:,O 1/1 ) :3 ~D )V\{~ \ Ic"-£ (~CJ- L) G 1-0 ~ Y d- .\ 13 K f í+Ajoh f\ -S () -"\ \ 3d.-o ()Y\CL U (Äf Ò Cf- Lj b ) - (.'1 V Lj ;;}... '0 " ~ ~~'dJ,- Çß~ 5'fsðS ~<4.c., Gh-,- y 6 S - 70'1 'S' 15 UL . À-(ý( l~¡U_v (000 q CUIU.L \L a(~l Y6 c/1 3 8' S- 16 /;Ç0 é/ì CZ5:z.'-'rh-----. hOC)!( ê/;'//_0 .//1/ . <//,'"/, 7 dPS- 17 !J.-Ml[][2J/J1 "{-- f(;L4--t1r zl?n-e (,;O([J0rvs J1ve q &Sf:!:D j 18 XJ\~.· ~ rcO!d. C"lf)-u.vI-!v)C L/&t(-L/Oc¡r 19 ~llJ-J .~~. Q03 te)(ètl sfyeCl-r~ <.RC(,5G0¿( 20 ~A~P N..-f!!q' .3~C¡í'JJ. c /T/(o 5 I}-tl.E F¡1· i/; Y--36D3. 21 ,Cj<:-<-' f-o~ gOî c.~_ PIx..~'P. ;lo;:SGoCô ·~~l'~'£~ -~~/~ (Le;<-u-~,¿4~ .~~9í?d7 23 ..~ 4) ~ 12G/, c..o\"",·r,...~ b?,...Je..'1 [Jv· Lfb/¡;, ··)'~51 24 /2~ /~y :7'1CJ'i (.,r..(l.I$ -""Llr- ifc.·'ì .'(<;1'7'-( 25 26 27 28 ""' ..¡ It was moved by Com. Bruhn, seconded by Com. Barnes, to approve staff recommendation; and, upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned. Chainnan Clerk of Circuit Court 6 '-" .." AGENDA REQUEST ITEM NO. R~ 2 DATE: May 7,2002 REGULAR [ X ] PUBLIC HEARING [ ] CONSENT [ ] PRESENTED BY: St Lucie COunty INTERNATIONAL A , on Floäda's treasUre coast TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Airport Paul A. Phillips SUBJECT: Approve the St. Lucie County International Airport Master Plan - 2002 to 2020, prepared by Hoyle, Tanner & Associates (HT A) under the guidance of the Airport Master Plan Study Group appointed by the Board of County Commissioners and approve the submittal of the Master Plan to the Federal Aviation Administration (FAA) and the Florida Department of Transportation (FDOT). BACKGROUND: On March 21,2002, the Airport Master Plan Study Group held their final meeting to comment on and discuss the Master Plan Update for S1. Lucie County International Airport. At their final meeting, the Study Group unanimously approved the April 2002 Airport Master Plan Update and directed that it be forwarded to the Board of County Commissioners for consideration and approval. FUNDS AVAILABLE IN ACCT#: N/A PREVIOUS ACTION: On April 17, 2001, the Board established the Airport Master Plan Study Group to prepare an update to the Airport Master Plan. On October 19,200 I, the Board received an update on the first four chapters of the Airport Master Plan. RECOMMENDATION: Staff recommends that the Board approve the St. Lucie County International Airport Master Plan 2002 to 2020 prepared by Hoyle, Tanner & Associates (HT A) under the guidance of the Airport Master Plan Study Group appointed by the Board of County Commissioners and approve the submittal ofthe Master Plan to the Federal Aviation Administration (FAA) and the Florida Department of Transportation (FDOT). COMMISSION ACTION: [ ]APPROVED [ ]DENIED R]OTHER: Continued for 30 days to gather W·nfomation. Reviews & Approvals ?'1 County Attorney:^ OMB Originating Dept:~ r I!! ) t Other: Finance:(Check f~aspyon ,if applicable) Purchasing Other: I .... ..." MEMORANDUM from St. Lucie County International Airport To: Board of County Commissioners Paul A. Phillips, Airport Director April 30, 2002 Airport Master Plan Update From: Date: Subject: As you may not know, on March 21, 2002, the Airport Master Plan Study Group held their final meeting to comment on and discuss the Master Plan Update for St. Lucie County International Airport. At their final meeting, the Study Group unanimously approved the April 2002 Airport Master Plan Update and directed that it be forwarded to the Board of County Commissioners for consideration at their May 7, 2002 meeting. The May 7, 2002 meeting will start at 6 pm to accommodate a presentation from the consultant. Of particular note as you review the Master Plan Update is: · Page 2-14 - Annual Operations Forecast - The Study Group determined that although the annual operational growth rate in the recent past was near double figures, a more conservative growth rate would more accurately reflect future operations. The Study Group decided that an annual growth rate of 2.5% would be used to determine facility requirements. · Page 4-3 - Parallel Runway- The Study Group included the construction of a 4,000-foot runway at a wheel bearing capacity no greater than the existing runway. The Study Group recommended that the preferred alternative for the location of the parallel runway should be determined after the Environment Assessment (EA) currently being prepared for the proposed parallel runway is complete. By waiting for the completion of the EA to choose the preferred alternative, the Study Group felt that environmental impacts could be minimized. · Page 7-5 - Capital Improvement Plan (CIP) - This table summarizes the capital requirements for the Airport and provides construction estimates. The majority of the projects consist of maintenance projects with a few exceptions, the proposed parallel runway, parking aprons, and a new Aircraft Rescue and Firefighting Facility (ARFF). · Minutes of the Master Plan Study Group - Included at the end of the Master Plan Update are minutes for each of the Study Group's meetings and comments from the public meeting. The Airport Master Plan Update is a document required by the Federal Aviation Administration (FAA) and the Florida Department of Transportation (FDOT) for capital development at airports. This planning guide does not act as a business plan, and is not designed to accurately determine an airport's financial future. \w ...,J AGENDA REQUEST ITEM NO. C-A2 DATE: May 7, 2002 REGULAR [ ] PUBLIC HEARING [ CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks & Recreation PRESENTED BY: Pete Keogh Director SUBJECT: Request for approval to serve alcohol at Pepper Park. BACKGROUND: The MDM Marble Company has reserved Pepper Park to hold its annual company picnic on May 11, 2002. As part of the event, alcohol will be served and as required by County Ordinance 1-15-23, BOCC approval must be acquired. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve MDM Marble Company's request to serve alcohol at Pepper Park during its annual picnic on May 11, 2002. County Attorney: Lfr Coord ination/SiQnatures RRENCE: COMMISSION ACTION: [x] APPROVED [] DENIED [ ] OTHER: oug Anderson unty Administrator Management & Budget: Purchasing: Originating Dept: ?'i Public Works: Other: Finance: (Check for Copy only, if applicable) _ ~ -.",¡I " AGENDA REOUEST ITEM NO. If 111 ADDITIONS DATE: May 7,2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 02-125 - Proclaiming the month of May, 2002, as "MENTAL HEALTH MONTH" AND CONGRATULATING THE NEW HORIZONS OF THE TREASURE COAST ON MORE THAN FOUR DECADES OF SERVICE TO THE TREASURE COAST AREA, AND COMMENDING THEIR CONTINUED DEDICATION TO INDIVIDUALS AND FAMILIES LIVING WITH MENTAL ILLNESS AND SUBSTANCE ABUSE DISORDERS. BACKGROUND: Margi Silberman, of New Horizons of the Treasure Coast, Inc., has requested that the Board proclaim the month of May, 2002 as Mental Health Month. The attached Resolution No. 02-125 has been drafted for that purpose. FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board adopt the attached Resolution No. 02-125 as drafted. COMMISSION ACTION: E: [x] APPROVED [] DENIED [ ] OTHER: 5-0 County Attorney, Originating Dept. \w- $r/ Review and Approvals Management & Budget Other, Finance, (Check for Copy only, if applicable)___ ...., Purchasing Other: Eff. 5/96 , ..... ....,,¡ AGENDA REOUEST ITEM NO. :l-4 DATE: May 7, 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. 02-112 - Proclaiming May 5, 2002 through May ll, 2002, as GOODWILL WEEK" in St. Lucie County, Florida. BACKGROUND: Stargroup International Inc. has requested that this Board proclaim May 5, 2002, through May 11, 2002, as Goodwill Week in St. Lucie County, Florida. The attached Resolution No. 02-112 has been drafted for that purpose. FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board adopt the attached Resolution No. 02-112 as drafted. [X] APPROVED [] DENIED [ ] OTHER: 5-0 COMMISSION ACTION: County Attorney: $ Review and Approvals Management & Budget Purchasing : Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable)___ Eff. 5/96 -- ..., '\ RESOLUTION NO. 02-112 A RESOLUTION PROCLAIMING MAY 5, 2002 THROUGH MAY 11, 2002, AS "GOODWILL WEEK" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: l. The residents of St. Lucie County value hard work and support the right of individuals to provide for themselves and their families. 2. All people should have every freedom to pursue careers, integrate into the workforce, and participate as full members in the economic marketplace. 3. Gulfstream Goodwill Industries, was established in 1966 as a non-profit provider of vocational services for people with disabilities and other barriers to employment. 4. Gulfstream Goodwill Industries assists people with disabilities and other barriers to employment to become self-sufficient, working members of our community by providing assessment, work experience, job placement services, life skills training, residential services. 5. During the last year, 8,277 residents received these services through Gulfstream Goodwill Industries and people placed in community employment while receiving services from Gulfstream Goodwill in 2001 earned $9,861,004, representing a significant contribution to the local economy. 6. Gulfstream Goodwill Industries diverted over 5 million pounds of textile materials from area landfills last year, and 89% of all revenues generated by Gulfstream Goodwill Industries, supports employment and training programs within the community. 7. Goodwill Industries International is celebrating 100 years of opening doors of employment opportunities to countless people and prepared them for brighter more fulfilling futures in the United , '-' """" AGENDA REQUEST ITEM NO. :2 B DATE: May 7,2002 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. 02-117- Proclaiming the week of May 13, 2002, through May 19, 2002, as "LAW ENFORCEMENT WEEK" AND URGING THE CITIZENS OF ST. LUCIE COUNTY TO OBSERVE THURSDAY, MAY 16, 2002, AS "LAW ENFORCEMENT MEMORIAL DA ¥" in S1. Lucie County, Florida.. BACKGROUND: The Congress and President of the United States have designated May 15th as Peace Officers' Memorial Day, and the week in which it falls as Law Enforcement Week.. The Chaplain for the S1. Lucie County Sheriff's Office, Chaplain Jeff Owens, has requested that this Board proclaim May 13th - May 19th, 2002 as Law Enforcement Week and urge the citizens of S1. Lucie County to observe Thursday May 16, 2002 as Law Enforcement Memorial Day. The attached Resolution No. 02-117 has been drafted for that purpose. FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 02-117 as drafted. [x] APPROVED [] DENIED [ ] OTHER: 5-0 COMMISSION ACTION: " County Attorney: Originating Dept. "'" ~' Review and ADDrovals Management & Budget Other: Finance: (Check for Copy only, if applicable)___ """ Purchasing Other: Eff. 5/96 ....... ..", , RESOLUTION NO. 02-117 A RESOLUTION PROCLAIMING THE WEEK OF MAY 13, 2002, THROUGH MAY 19, 2002, AS "LAW ENFORCEMENT WEEK" AND URGING THE CITIZENS OF ST. LUCIE COUNTY TO OBSERVE THURSDAY, MAY 16, 2002, AS "LAW ENFORCEMENT MEMORIAL DAY" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of S1. Lucie County, Florida, has made the following determinations: 1. The Congress and President of the United States have designated May 15th as Peace Officers' Memorial Day, and the week in which it falls as Law Enforcement Week. 2. The S1. Lucie County Sheriffs Office has been constituted by the State of Florida to uphold the laws and play an essential role in safeguarding the rights and freedoms of the citizens of S1. Lucie County. 3. It is important that all citizens know and understand the problems, duties, and responsibilities of their law enforcement agencies, and that members of the St. Lucie County Sheriffs Office recognize their duty to serve the people by safeguarding life and property, by protecting them against violence or disorder, and by protecting the innocent against deception and the weak against oppression or intimidation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim May 13, 2002, through May 19, 2002, as "LAW ENFORCEMENT WEEK" with appropriate ceremonies in which all citizens may join in commemorating law enforcement and detention deputies, past and present, who by their faithful and ·"':0-' ~.·.þoûgºo;,ya.ra··-.·.LåVi·.gn·iô~êríi·.'f}~êk;d2...þr9êfå¡ní·~{iôn...·...·· .--- . .. ...... ......", .......,. . ............................................................~ ~/1~ '\0 Cóì I\V~oM Page 1 j From: To: Date: Subject: Jeff Owens Coward, Doug Thu, Apr 18,2002 9:02 AM Law Enforcement Week '02 Proclaimation Mr. Chairman- Would you be so kind as to bring before the commission the attached draft for consideration as a proclaimation? As chaplain for the SLSO, it has been my privilege to work with the Board of Commissioners to recognize our local heroes each year. The proclaimations serve to officially call our citizens to awareness of the sacrifice of fallen officers and the daily personal investment that deputies exhibit in SLC. We would also invite you to present this document at the Sheriffs Office Wreath Laying Ceremony, May 13th at 10:00am, in front of the Steve Roberts Building. Hopefully you'll be able to read the attached file; if you need me to fax it let me know. Thank you. My number is 462-3437. cc: Wilson, Garry ~ ;..\ / .\\ I ~ ~/~v7' ,l ~ ¡AP( ~'\ W~o. 4. ~ /1 ? (! //./ r!.é'(T~'; ! II I" ,f /lX L/,-L~ I ",---,,--L'''-''' '~'-" , -rÆ (~. ~J'- -t.ir {( ~/¿ " , () ~/) ~l~~l¡{_)'.) /) 1\ ,..:'} ( ~. !/l.{(~/Jj; ^"-_ J,,_t...- " Î ~_-! I ;:(:1 " I~~~~~~ ~~~~ co. ADMIN. OFFICE ''-1 "" ,..", AGENDA REOUEST ITEM NO.:¿ t!... DATE: May 7, 2002 REGULAR [XI PUBLIC HEARING [ I CONSENT [ I TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 02-1l8 - Proclaiming the month of May, 2002, as "EAST COAST LUMBER AND SUPPLY COMPANY, INC. MONTH" and commends them on their commitment to serving S1. Lucie County and the Treasure Coast on this 100th Anniversary of the founding of the Company. BACKGROUND: East Coast Lumber and Supply Company, Inc. in Fort Pierce, Florida, founded and incorporated in 1902 by patriotic Americans, would spend a century helping Floridians "build a better way", contributing to the quality of life and economic development of the Treasure Coast, supporting five generations of family and employees, and providing a model of successful business operations. Mary Anne Harvey for Harvey and Associates, has requested that the Board proclaim the month of May, 2002 as East Coast Lumber and Supply Company, Inc. The attached Resolution No. 02-118 has been drafted for that purpose. FUNDS A V AIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 02-118 as drafted. COMMISSION ACTION: [x] APPROVED [] DENIED [ ] OTHER: 5-0 " County Attorney: Originating Dept. '-' (tf Review and Approvals Management & Budget Other: Finance: (Check for Copy only, if applicableJ___ ...., Purchasing Other: Eff. 5/96 · \., ....." RESOLUTION NO. 02-118 A RESOLUTION PROCLAIMING THE MONTH OF MAY, 2002, AS "EAST COAST LUMBER AND SUPPLY COMPANY, INC. MONTH" AND COMMENDING THEM ON THEIR COMMITMENT TO SERVING ST. LUCIE COUNTY AND THE TREASURE COAST ON THIS lOOTH ANNIVERSARY OF THE FOUNDING OF THE COMPANY WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: I. East Coast Lumber and Supply Company, Inc. in Fort Pierce, Florida, founded and incorporated in 1902 by patriotic Americans, would spend a century helping Floridians "build a better way", contributing to the quality of life and economic development of the Treasure Coast, supporting five generations of family and employees, and providing a model of successful business operations. 2. The company currently has lumber yards in five cities plus two truss plants: Their diligent expansions into strategic growth areas and conscientious contractions of unprofitable operations have allowed the company to continue to thrive. 3. Their .tradition of honoring people and their communities demonstrates their faithful adherence to sound business principles and supports their pledge to "help build a better way", a phrase which became more than their motto, it was their key to success. 4. For an entire century, the company has overcome the "boom and bust" experiences ofthe nation felt strongly in the State of Florida, provided supplemental support for their employees who served our country in several wars, dealt with shortages of building materials, gasoline, and labor, and provided precious inventory to the war efforts supplying materials and millwork for Army Air Stations. ;. \..t ....", 5. East Coast Lumber has remained at the vanguard of their industry using advanced technology while maintaining the human touch and expertise their customers have come to expect. 6. The national average for businesses to remain in operation, let alone grow and prosper, for 100 years is less than one percent, making East Coast Lumber and Supply Company an anomaly nationally, and in the State of Florida one of a very small number to accomplish this amazing milestone. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners ofSt. Lucie County, Florida: 1. This Board does hereby proclaim the month of May, 2002, as "EAST COAST LUMBER AND SUPPLY COMPANY, INC. MONTH". 2. This Board does hereby commend East Coast Lumber and Supply Company, Inc. on their commitment to serving St. Lucie County and the Treasure Coast on this looth Anniversary of the founding of the Company, and urges the citizens of St. Lucie County to recognize East Coast Lumber and Supply Company, Inc. for their consistent contributions to the quality oflife of St. Lucie County. PASSED AND DULY ADOPTED this Jlh day of May, 2002. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY I I I I: ~AR VEY & ASSOCIATES .. ..... ....., ¡\,rl'h1'1,c.1"':h;o1~'!t1,.(;1' ~~J.!<!I':'II"fr;"'A>\~]m~ :;....,;: ;:";~\I',;,r> 7;:;'~1'1"' .;'~"':'~ rJ::..',.).l '1~._~ '.>-.............!.I.lJ.þ:) J..'tiL,_':LJ!.ll::..'<.....J,_~1,;).......:....._~-.:. ..1 ",,'-l',:,,_Cd Ä\:..'&.'.."',;.-:.....:'...'_..;.... 4850 River Place Fort Pierce, FL 34982 Phone 561.4648504 Fa.x 561.4657955 e-mail aprprof@aol.com April 23, 2002 Board of County Commissioners 2300 Virginia Avenue Fort Pierce, FL 34982 Re: East Coast Lumber Company's Centennial Celebration Attached piease find a draft of a Proclamation honoring East Coast Lumber Company for 100 years of steady economic growth and generous impact in St. Lucie County. We are asking that the Proclamation (with your revisions, if necessary) be adopted by the Board of County Commissioners early in the month of May, the official anniversary month for the company. We appreciate your consideration of this request. Please advise us of your decision and a date for the reading of the Proclamation, so one of the principals of the company can . attend the meeting. Thank you. \ tV ~\I)J% Sincerely, v-... ~~ M~rVey ~ For East Coast Lumber Company Ene. (1) ~~u 6£::.1 ¿;/Þ- <j /77- Ilø Jß· n V~ ~) u)it;t r:::: Ij;:;Oft~, bß. \ (~, !Friends are. like fiowe.rs, ther. bril!!fjOJ!just b¿: bein . ~ ,-,. 'wJI Agenda Request Item Number Date: J'fl May 7, 2002 ~ Consent Regular Public Presentation Leg. [ x ] [ ] [ ] [ x ] Quasi-JD [ SUBJECT: Consider Draft Ordinance 02-005 Amending the St. Lucie County Land Deve opment Code By Creating Section 13.09.00, Existing Property Maintenance Code, to provid for adoption of Chapter 3, General Requirements, of The 2000 International Property Maint nance Code Attached is a copy of Draft Ordinance 02-005, which would propose to Amend Chapter 13 of the St. Lucie County Land Development Code by creating Section 13.09.00, Existing Property Maintenance Code, which will provide for the adoption of Chapter 3, General Requirements, of The 2000 International Property Maintenance Code. The County Commission has for the past several months been very interested in bringing forward regulations and standards that would compel property owners throughout the unincorporated area of the County to keep the buildings and structures on their property in good condition. The regulations cited in this section are from the International Building Code. A copy of the cited sections is attached for your review. To: Submitted By: Board of County Commissioners Community Development BACKGROUND: On Thursday, April 18. 2002, the Planning and Zoning Commission! Local Planning Agency voted to recommend that the Board of County Commissioners approve Draft Ordinance 02- 005. FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: No specific action is required by the Board at this time. This meeting is for the purpose of accepting public comments and testimony and providing any direction to amend or otherwise modify this draft ordinance. The second public hearing on this matter will be on Tuesday, May 21, 2002, at 7:00 PM or as soon thereafter as possible. COMMISSION ACTION: D APPROVED [JLJ OTHER D DENIED _S~cond public hearinq to be held on May 21, 2002. RRENCE: ouglas M. Anderson County Administrator Coordination/ Signatures County Attorney Originating Dept.: Finance: Mgt. & Budget: Other: Purchasing: Other: (AGEND629a) '-' ~ I f,.:;: County Commission Review: may 7, 2002 COMMUNITY DEVELOPMENT DEPARTMENT Administration Division MEMORANDUM TO: County Commission FROM: Community Development Director DATE: May 1, 2002 SUBJECT: Consider Draft Ordinance 02-005 Amending the St. Lucie County Land Development Code By Creating Section 13.09.00, Existing Property Maintenance Code, to provide for adoption of Chapter 3, General Requirements, of The 2000 International Property Maintenance Code ... Attached is a copy of Draft Ordinance 02-005, which would propose to Amend Chapter 13 of the St. Lucie County Land Development Code by creating Section 13.09.00, Existing Property Maintenance Code, which will provide for the adoption of Chapter 3, General Requirements, of The 2000 International Property Maintenance Code. The County Commission has for the past several months been very interested in bringing forward regulations and standards that would compel property owners throughout the unincorporated area of the County to keep the buildings and structures on their property in good condition. The regulations cited in this section are from the International Building Code. A copy of the cited sections is attached for your review. On Thursday, April 18, 2002, the Planning and Zoning Commission! Local Planning Agency voted to recommend that the Board of County Commissioners approve Draft Ordinance 02-005. This is the first of two required public hearings on this matter. No specific action is required by the Board at this time. This meeting is for the purpose of accepting public comments and testimony and providing any direction to amend or otherwise modify this draft ordinance. The second public hearing on this matter will be on Tuesday, May 21, 2002, at 7:00 PM or as soon thereafter as possible. If you have any questions, please let me know. SUBMITTED: DJM/ OR_02·00S_MEM02(h) cc' County Administrator County Attorney Public Works Director Planning Manager 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 '-' ORDINANCE NO. 02-005 ~ "I AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY CREATING SECTION 13.09,00, PROPERTY MAINTENANCE CODE, TO PROVIDE FOR ADOPTION OF CHAPTER 3, GENERAL REQUIREMENTS, OF THE 2000 INTERNATIONAL PROPERTY MAINTENANCE CODE; BY PROVIDING FOR CONFLICTING PROVISIONS; BY PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN "EFFECTIVE DATE; PROVIDING FOR ADOPTION AND PROVIDING FOR & CODIFICATION. WHEREAS, the Board of County Commissioners following determination: Florida, has made the 1. On August 1, 1990,1he Board of County Commissioners of St. Lucie County, Florida, adopted theSt Lucie Qþunty Land Development Code. 2. The Boardöf()qunty Comr'lii~~~ÞJJèrs has adopted certain amendments tptþe St. Luçie()ounty LandDevelopment Code, through the following Ordinances 91-03 - 91"21 - 93-01 - 93-05 - 93-07 - 94-18 - 95-01 - 97-01 - Marcht4,t991 November 7,1991 February 16, 1993 May 25, 1993 May 25, 1993 August 16, 1994 January 10, 1995 March 4, 1997 September 2, 1997 April 6, 1999 August 17, 1999 91-09 - 92-17 - 93-03 - 93-06 - 94-07 - 94-21 - 96-10 - 97-09 - 99-01 - 99-03 - 99-05 - -------------------------------- Underline is for addition Glrike Through is for deletion Ordinance No. 02-005 Draft #1 May 14, 1991 June 2, 1992 February 16, 1993 May 25, 1993 June 22, 1994 August 16, 1994 August 6, 1996 October 7, 1997 February 2, 1999 August 17, 1999 July 20, 1999 Page 1 PRINT DATE: 05/01/02 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 '-' 99-15 - 99-17 00-10 00-12 - 01-03 - July 20, 1999 September 7, 1999 June 13, 2000 June 13, 2000 December 18, 2001 '-' ¡¡¡, ¡~ i, 99-16 99-18 00-11 00-13 July 20, 1999 November 2, 1999 June 13,2000 June 13, 2000 3. On April 18, 2002, the Local Planning Agency/ Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in the Port St. Lucie News and the Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved. 4. On XX, 2002, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on XX, 2002. 5. On XX, 2002, this Board held its second public hearing on the prÒposëd ordinance, after publishing a noticeoLsuch hearinginthe)Port St. Lucie News and the Tribune on XX, 2002. 6. The proposed amendments tothe St. LucieCounty Land Development Code are consistent with the general purpOse, goì;l.Is, oþjectives and standards of the S1. Lucie County Comprehensive Plan andare in the best interest of the health safety and public welfare of the citizens of St. Lucie County, Florida. NOW, THERt;FORE, BEllj'ºADAINED6~\the\'§Õåfd of County Commissioners of St. Lucie County, Floriga: PART A. SECTION 13.09;OOOF]'HEST. LUCIE COUNTY LAND DEVELOPMENT CODE IS HEREBY CREATED TO READ AS FOLLOWS: ********************* CHAPTER XIII -------------------------------- Underline is for addition Ot.ik¿ TMfOU¡¡I, is for deletion Ordinance No. 02~OO5 Draft #1 Page 2 PRINT DATE: 05/01102 '\r ....., ~ 'n:·} 1 2 3 4 5 13,09 6 7 13.09. 8 9 Chapte 10 Interna 11 oftheC 12 in the 0 13 regular 14 15 13.09.0 16 17 A... 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 BUILDING REGULATIONS AND PUBLIC WORKS CONSTRUCTION MANUAL .00 RESCRVED EXTERIOR PROPERTY MAINTENANCE CODE 01 ADOPTED r 3. of the International Property Maintenance Code. 2000 edition. as promulgated by the tional Code Council. Inc.. is adopted by reference as the Exterior Property Maintenance Code ounty. to aDDlytothe unincorDorated areas of the County. A COPy of such code shall be filed ffice of the Public Works Director and shall be available for Dublic inspection during the business hours of such office. ... - 2 AMENDMENTSI DELETIONS The following sections of ChaDter 3. of thelntemational ProDertv Maintenance Code. 2000 edition. are hereby amended in the Jollowinçrrespécts: .L Section 301.3 (Vacant structures and land)shaltbe amended to read as follows: 301.3 Vacant structures and land. Allvacant structures and premises thereof shall be maintained in a safe. secure and sanitarY condition as Drovided herein so as not to cause a bliahting Dmblem or,ad~erselv aff~bttb~D~þlichealth or safety. In addition. the owner of a vacant structure shalbtâke such stEu)salÏdl)erform such acts as may be reauired of him from time to timetöinsúl'ethat the'structlJre and his surroundina DroDerty remain safe. secure-.and.sanitarV,arni'dönot present a hazard to adioining proDerty or to the Dublic. All openings,including dóôrisandwindows. which are covered or closed for access shall be DrovidedWithpainted extériör~grade Dlvwood closures. matched in color to the structure. unless the sàmeàf'e DroyidédWith awnings. storm Danels. or other similar commercially availâbléÒrôductšdesÎanedfor this intended use and installed in a workmanlike manne 2. Section 302.5lRodent harborage) shall be amended to read as follows: 302.2 Rodent harborage. All structures and exterior DroDerty shall be keDt free from rodent harboraae and infestation. Where rodents are found. they shall be DromDtly exterminated by approved processes which shall not be iniurious to human health. After exterminatÎôn. proper precautions shall be taken to eliminated rodent harboraqe and Drevent reinféstâtiÓn. For the purposes of this section. the term "rodent" shall not include squirrels. -------------------------------- Underline is for addition Gtrike TI" ot.gh is for deletion Ordinance No. 02-005 Draft #1 Page 3 PRINT DATE: 05/01/02 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 '-' ..., This section shall not applv to exterior property zoned Ag-1. Aa-2.5. and Ag-5. 3. Section 303.2 (Protective treatment) shall be amended to read as follows: 303.2 Protective treatment. All exterior surfaces. including but not limited to. doors. door and window frames. cornices. porches. trim. balconies. decks and fences shall be maintained in a structurally sound and operational condition. Exterior wood surfaces. other than decay-resistant woods. shall be protected from the elementsanddecav bv paintina or otherprotectivecoverina or treatment. Peeling. flakina and chipped paint shall be eliminated and surfaces repainted. All siding and masonrv ioints as well as those between the building envelope and the perimeter of windows. doors. and skvliahts shall be maintained weather resistant and water tight. All metal surfaces subiect to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. !L The following sections of Chapter 3. of the InternationalPropertv Maintenanæ Cooe. 2000 edition. are hereby deleted from applicabilitv as described in Section 13.09.01: 4. Section 302.2 Grading and drainage 5. Section 302.4 Weeds 6. Section 302.7.1 Gates 7. Section 302.8 Motor Vehicles 8. Section 303.14 InSect Screehs 9. Section 304 Interior Structure ~ Section 305 Rubbish and Garbage .1.1. Section 306 ExtermÎnâtion 13.09.03 CONFLICTING PROVISIONS WITH OTHER CODES OR REGULATIONS OF THE COUN1¥ In the event thatthereis a conflicfbétJNéen any regulation cited in this Section and any other regulation oftheCÖÎ.lntvf~Ü~cjin thèStXucie County Land Development Code. St. Lucie Code and Compiled Laws or the FIOnda Buildi ria Code. the stricter of the two standards shall applv. **************************** PARTS. CONFLICTING PROVISIONS, SpeciafactsOfthe Florida legislature applicable only to unincorporated areas of St. Lucie County, -------------------------------- Underline is for addition Dtrike Tnl'ðtJgh is for deletion Ordinance No. 02-005 Draft #1 Page 4 PRINT DATE: 05/01/02 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 '-' ""'-'" ~\. .., ~ County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall beheld to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporateda.reaotSt. Lucie County. ... PART E. FILING WITH THE DEPARTMENTOFSTATE. The Clerk be and is hereby directed forthwith to send apettifiédcopy ofthis ordinance to the Bureau of Administrative Code and Laws, Departrrlent of Stâte, ThèGapitol, Tallahassee, Florida 3230 PART F. EFFECTIVE DATE; This ordinance shall take eff~ct:ºpon filing¡WltbJ/;Ieli:)epartment of State. PART G. ADOPTION. After motion andSecond,Jhe voteonthis ordinance was as follows: ChairmanDol..IgCoward xx Vice Chairma.n Cliff Barnes xx Commissioner Paula Lewis xx Commissioner John D. Bruhn xx -------------------------------- Underline is for addition Gtrikc Thlo~gl, is lor deletion Ordinance No. 02-005 Draft #1 Page 5 PRINT DATE: 05/01/02 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 j~ '-" .....,I '.~ ., Commissioner Frannie Hutchinson XX PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B through H shall not be codified. PASSED AND DULY ENACTED this _ day of ,2002. ATTEST: BOARD OF COUNTY COMMISSIONERS. ST. LUCIE COUNTY,FLORIDA BY: Deputy Clerk Chairman AS TO FORM AND CORRECTNESS: BY: County Attorney DJM OHJ05<;(Lndcod01 ·H) ---------~---------------------- Underline is lor addition Glrike Through is lor deletion Ordinance No. 02-005 Draft #:1 Page 6 PRINT DATE: 05/01102 ....... ...., ....... ~ ¡-..' { ~...,J CHAPTER 3 GENERAL REQUIREMENTS SECTION 301 GENERAL 301.1 Scope. The provisions of this chapter shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property. 301.2 Responsibility. The owner of the premises shall main- tain the structures and exterior property in compliance with I these requirements, except as otherwise provided for in this code. A person shall not occupy as owner-occupant or pennit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the require- ments of this chapter. Occupants of a dwelling unit are respon- sible for keeping in a clean, sanitary and safe condition that part of the dwelling unit or premises which they occupy and control. *""301.3 Vacant structures and land. All vaeant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. . '/14 S..... Sc....J.,.~oQ... \'Z.o~.Cl1,..A.\ ,SI.c. £.0<:. SECTION 302 EXTERIOR PROPERTY AREAS 302.1 Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occu- pant shall keep that part of the exterior property which such oc- cupant occupies or controls in a clean and sanitary condition. EXS8I1ti8R: L^"fJ(;)reHBè ¡:~tgAti9R ~(:'i'~f ~~Q ~C'Øortr');r[ 302.3 Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous I conditions. ~02.S Rodent harborage. All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found. they shall be promptly extenninated by ap- proved processes which will not be injurious to human health. After extennination, proper precautions shall be taken to elimi- nate rodent harborage and prevent reinfestation. "" S..... Jc<;.~"~ ., '3·..""....1·A".2.J'<.:C,LO<::. 302.6 Exhaust vents. Pipes, ducts, conductors, fans or blowers ~h~ not discharge gases, steam, vapor, hot air, grease, smoke, ~?rs or other gaseous or particulate wastes directly upon abut- 2000 INTERNATIONAL PROPERTY MAINTENANCE CODE® ting or adjacent public or private property or that of another tenant. 302.7 Accessury structures. All accessory structures. includ- ing detached garages. fences and walls, shall be maintained structurally sound and in good repair. I I I 302.9 Defacement of property. No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said sur- face to an approved state of maintenance and repair. . SECTION 303 EXTERIOR STRUCTURE 303.1 General. The exterior of a structure shall be maintained in good repair. structurally sound and sanitary so as not to pose a threat to the public health. safety or welfare. 10303.2 Protective treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences shall be maintained I in good condition. Exterior wood surfaces, other than decay- resistant woods, shall be protected from the elements and de- cay by painting or other protective covering or treatment.. Peeling. flaking and chipped paint shall be eliminated and sur- faces repainted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows. doors. and skylights shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated [0 inhibit sueh rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. OJtidati61~ staiRs shall be rcm6.eð !'rem c1llcrier sHrfaces. SHrfaces àesigReà fer stabilic:atieR b) 9x.iàatieR are e,(BFRfJt ffBffI tkiB f5EJMiff.1fl8ftt. . S'c.... r......J.. f." \ 1. oe¡. ..1.. A, .2, J'{..<::. L.Oc. 9 [1'] 3'03.3 - 304.5 "" ( (F¡ 303.3 Premises identification. Buildings shall have ap- proved address numbers placed in a position to be plainly legi- ble and visible from the street or road fronting the prope'1y. These numbers shall eontrast with their hackground. Address numbers shall hc Arabic numcrals or alpbahct lelters. Numbcrs shall bc a minimum of 4 inches (102 nun) hiob ",ilb a Illi llill1llm stmkc width of O.j inch (12.7 mm). .' 303.4 Stl'uctunll mcmbers. All slmcILlral membcrs shall bc maintained free from deterioratioll. and shall be capable of safely supporting the imposed dead and live loads. 303.5 Foundation walls. All foundation walls shall be main- tained plumb and free from open cracks and breaks and shall be I kept in such condition so as to prevcnllhe entry or rodcnts and othcr pests, 303.6 Exterior walls. All exterior walls shall be free from holes. breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. 303.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admÎl rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a man- ner that creates a public nuisance. 303.8 Decorative features_ All cornices, belt courses, corbels, terra cotta trim_ wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condÎlion. 303.9 Overhang extensions. All overhang extensions includ- ling, but not limited to 'canopies, marquees, signs, metal awn- ings, fire escapes, standpipes, and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-co at- ing materials, such as paint or similar surface treatment. - 303.10 Stairways, decks, porches and balconies. Every exte- rior stairway, deck. porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, wÎlh proper anchorage and capable of supporting the imposed loads. 303.11 Chimneys and towers. All chimneys. cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather- coating materials, such as paint or similar surface treatment. 303.12 Handrails and guards. Every handr«il and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. 303.13 Window, skylight and door frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. 303.13.1 Glazing. All glazing materials shall be maintained free from cracks and holes. 10 (. ~ERAL REQUtREMENTS 303.13.2 Openable windows. Every window. other than a fixed window, shall be easily opcnable and capable of being held in position by window hardwarc. Excepti( .. creen doors shallnol bc requircd whcre other ap ed means. such as aircunains or in,cct repellent fans. 303.15 Doors. All exterior doors. door assemblics and hard- ware shall be maintained in good condition. Locks at all en- trances to dwelling units, rooming units and guestrooms shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702,3. .....- 303.16 Basement hatchways. Every basement hatchway shall I be maintained to prevent the entrance of rodents, rain and sur- face drainage water. 303.17 Guards for basement windows. Every basement win- dow that is openable shall be supplied with rodent shields, storm windows or other approved protection against the entry of rodents. 3Ce'f-lON 384 INTERIOR STRUCTURe- 304.4 Stairs d walking surfaces. Every stair. ra p.landing. I balcony, p ch, deck or other walking surface sha e main- tained i 'ound condition and good repair. .. 304. and rails and guards. Every handrail and guard s II I trmly fastened and capable of supporting normally impose 2000 INTERNATIONAL PROPERTY MAINTENANCE CODE® ¡ ~ . - "-' . -, ~.-.-',""" -~:'''''''''''''''', t '~ , , i ~ r I ~ ~ f; t~ ~ <, t ,j ; "- GENERAL REQUIREMENTS ( I f; ¡ seCTIOU 395 RUBBISH AND <3ARBAßE ceOTION 39& eXTeRMINATION ( ....." 304.6 - 306.5 -- --- "'" AGENDA REQUEST ITEM NO.. DATE: May 7. 2002 REGULAR [XX] PUBLIC HEARING [] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: St. Lucie County Mosquito Control District v. City of Fort Pierce BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board: 1. Direct staff to draft legislation deleting Sections 2-9-30 and 2-9-31 from the District's special act. 2. Dismiss the pending Petition for Writ of Certiorari without prejudice to file a new request for exemption after the effective date of the new law (January 1, 2003) and after the completion of the 2003 legislative session. COMMISSION ACTION: uglas Anderson County Administrator [X] APPROVED [ ] DENIED [ ] OTHER: 5-0 County Attorney: JY Review and Approvals Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng.: Finance: (Check for Copy only, if applicable) Eff.5/96 '" ....., INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. 02-570 DATE: April 24,2002 SUBJECT: St. Lucie County Mosquito Control District v. City of Fort Pierce ----------------------------------------------------------------------------- ----------------------------------------------------------------------------- BACKGROUND: In June, 2001, the County Administrator sent a letter to the City of Fort Pierce requesting that the City exempt the St. Lucie County Mosquito Control District from the requirements to pay the Community Redevelopment Agency (CRA) tax increment. The District requested an exemption pursuant to the provisions of Section 163.387(2)(c)2, Fla. Stat. (2001) which provided in pertinent part: c. The following public bodies or taxing authorities created prior to July 1, 1993, are exempt from paragraph (a): 2. A special district the sole available source of revenue of which is ad valorem taxes at the time an ordinance is adopted under this section. Section 163.387(2)(c)2, Fla. Stat. (2001). In the case of the St. Lucie County Mosquito Control District, the District was created in 1953 by Ch. 29502, Laws of Florida (1953). Under Section 1-9-26 of the Code of Ordinances of St. Lucie County, the District is authorized to levy an ad '-' '-II valorem tax to fund District purposes. The District argued that this ad valorem tax is the only revenue source which the District itself has the power to levy and annually appropriate for its activities. Although the District has received state grant funds for a number of years, the District argued state grants are not guaranteed revenues to the District and are only available if provided annually by act of the state legislature. On January 7,2002, the City Commission held a public hearing on the District's request and voted 4-1 to deny the request. On March 12, 2002, the District voted to authorize the District's attorney (County Attorney) to file a Petition for Writ of Certiorari in circuit court challenging the City's denial of the exemption. In its response to the County's Petition, the City argued that state grants to the District as well as the District's ability to levy assessments pursuant to sections 2-9-30 and 2-9-31 of the District's special act (copy attached) constitute available revenues to the District. The 2002 Florida Legislature recently passed Senate Bill 1360 which the Governor signed. Among other things, this new law amends Section 163.387(2)(c)2, Florida Statutes, to specifically provide that revenues or aid dispensed to a mosquito control district at the discretion of an entity other than the district shall not be deemed available for purposes of the exemption request. The provisions of Section 163.387(2)(c)2, Florida Statutes now read in pertinent part: The following public bodies or taxing authorities are exempt from paragraph (a): (2) A special district for which the sole available source of revenue which the district has the authority to levy is ad valorem taxes at the time an ordinance is adopted under this section. However, revenues or aid that may be dispensed or appropriated to a district as defined in s. 388.011 at the discretion of an entity other than such district shall not be deemed available. 163.387 (2) (c) Redevelopment trust fund.-- DISCUSSION: This new law is effective January 1, 2003. It appears that the new law will eliminate the City's main objection to the District's exemption request. As indicated above, the City also argued in its response that the District's ability to levy . AGENDA REQUEST ITEM NO. ~ DATE: May 7, 2002 REGULAR [XX] PUBLIC HEARING [] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Dori Slosberg Driver Education Safety Act BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board determine whether to authorize the County Attorney to draft an ordinance imposing the additional $3 charge authorized by the Act. COMMISSION ACTION: \[X] APPROVED [ ] DENIED [ ] OTHER: 5-0 D uglas Anderson ounty Administrator County Attorney: ~ Review and Approvals Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng.: Finance: (Check for Copy only, if applicable) ~6 <? fS f¡ \'{! H- ~"\ f:\ l_~~ t\!) b L "-j' i. I., ,---- 1 u,,! ", I l L} ~ ¡ ! ~ \ . ": þJJR~-~-~ ; \ '-~---:;;., ":>7_'..-.-.._) \. .. ---.---.- -...-'-- - f \r ....., INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners " FROM: Daniel S. McIntyre, County Attorney C.A. NO. 02-585 DATE: April 18, 2002 SUBJECT: Dori Slosberg Driver Education Safety Act ----------------------------------------------------------------------------- ----------------------------------------------------------------------------- BACKGROUND: Attached is a copy of the Dori Slosberg Driver Education Safety Act which was passed by the 2002 Florida Legislature. The law provides the Board with the power to adopt an ordinance that would authorize the Clerk to collect an additional $3 with each civil traffic penalty which monies must be used to fund traffic education programs in public and nonpublic schools. The Act is effective October 1, 2002. Commissioner Hutchinson has requested that staff present the Act to the Board for discussion. RECOMMENDATION/CONCLUSION: Staff recommends that the Board determine whether to authorize the County Attorney to draft an ordinance imposing the additional $3 charge authorized by the Act. DSM/caf Attachment \..f ,.." ENROLLED 2002 Legislature CS/HB 261, Third Engrossed 1 Section 98. Dori Slosberg Driver Education Safety 2 Act.--Effective October 1, 2002, notwithstanding the 3 provisions of s. 318.121, Florida Statutes, a board of county 4 commissioners may require, by ordinance, that the clerk of the 5 court collect an additional $3 with each civil traffic 6 penalty, which shall be used to fund traffic education 7 programs in public and nonpublic schools. The ordinance shall 8 provide for the board of county commissioners to administer 9 the funds. The funds shall be used for direct educational 10 expenses and shall not be used for administration. This 11 section may be cited as the "Dori Slosberg Driver Education 12· Safety Act." 13 Section 99. Subsection (2) of section 2 of chapter 14 88-418, Laws of Florida, is amended to read: 15 Section 2. Crandon Boulevard is hereby 16 state historic highway. No public funds shall 17 for: 18 19 designated as a be expended 20 21 22 23 24 25 26 (2) The alteration of the physical dimensions or location of Crandon Boulevard, the median strip thereof, or the land adjacent thereto, except for~ ~ The routine or emergency utilities maintenance activities necessitated to maintain the road as a utility corridor serving the village of Key BiscayneL-2E (b) The modification or improvements made to provide for vehicular ingress and egress of governmental public safety vehicles. 27 Section 100. Paragraph (a) of subsection (1) of 28 section 212.055, Florida Statutes, is amended to read: 29 212.055 Discretionary sales surtaxes; legislative 30 intent; authorization and use of proceeds.--It is the 31 legislative intent that any authorization for imposition of a 131 CODING:Words ~L~~~~en are deletions; words underlined are additions. '-r .."" tf'-=: :: I . I I CONSE r ITEMS ... ... .... . . . BOARD OFf couNTI( COMMISSIONERSS MEETING 1 05/03/02 ¡;>7ABWARR FUND 001 001137 001139 001140 001143 001258 001265 001269 001271 001809 101 101006 102 102001 102104 104 105 107 107001 107002 107003 -'122 _ /130 III 115 118 140 140001 140123 140275 140320 140321 160 183 183001 183002 183004 183106 185002 235 310002 316 316001 370001 382 395 " "1 "-' .." ST. LUCIE COUNTY - BOARD WARRANT LIST #31- 27-APR-2002 TO 03-MAY-2002 FUND SUMMARY TITLE General Fund Zora Neala Hurston Dust Tracks Heri FHA Transportation for 21st Century Section 112/MPO/FHWA FY01/02 Health & Human Srvcs CSBG FY01/02 TDC Planning Grant FYOO/01 TDC Planning Grant FY01/02 FDEP-Urban Mobile Lab Grant 01/02 DHR-Historical Museum Grant-In-Aid SFWMD-Floridian Aquifer Well 01/04 Transportation Trust Fund Transportation Trust/Impact Fees 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 USDOJ Ed Byrne Drug FYOl/02 USDOJ St Crim. Allien Assist. FY03 River Park I Fund Sheraton Plaza Fund Paradise Park Fund Port & Airport Fund Port Fund USDOT-Enviro Assessment 91-27R DOT-140-Airport Maintenance Bldg FDOT-Environmental Assessment FDOT-Install Security Fencing AL124 Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.-County Arbitration/Mediat Ct Admin.- Teen Court Domestic Relations Hearing FYOO-03 SHIP Housing Assistance FY 01/02 Becker Road 1&S Fund Impact Fees-Parks County Capital Transportation Capital Academy Drive MSBU Environmental Land Capital Fund River Branch MSBU Capital Sanitary Landfill Fund Golf Course Fund EXPENSES 357,759.96 38.25 25.91 2,413.50 532.43 50.02 57.13 430.96 2,084.77 90.95 67,327.89 79,931. 84 24,441. 68 1,812.48 93.83 18,859.36 1,909.06 2,886,123.40 1,484.96 1,941.31 338.91 8,294.00 3,206.00 2,563.79 445.33 716.00 13,115.70 5.33 69,503.92 26,036.00 58,732.08 49,185.00 18,516.26 1,298.81 1,908.23 65.00 289.10 6,312.48 767.97 26,090.63 10,737.50 106,762.84 2,340.00 3,044.26 2,500.00 22,862.50 32,276.18 35,442.18 PAGE 1 PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 05/03/02 F7,ABWARR FUND 421 441 448 449 451 458 461 471 478 479 491 505 505001 611 625 678 679 '-' ...., ST. LUCIE COUNTY - BOARD WARRANT LIST #31- 27-APR-2002 TO 03-MAY-2002 FUND SUMMARY TITLE EXPENSES 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-Operatin No Cty Util Dist-Renewal & Replace No Cty Util Dist-Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Law Library Anita Street MSBU Fund Timberlake Estates MSBU 10.67 75,997.61 18,619.57 1,076.72 9,668.73 1,783.14 12,067.48 3,327.34 844.53 530.25 11,236.97 52,114.32 5,162.75 1,869.31 9,780.00 9,967.67 14,446.24 GRAND TOTAL: 4,179,268.99 PAGE 2 PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 6,135.59 0.00 0.00 0.00 0.00 0.00 6,135.59 ~ "-" 05/03/02 ST. LUCIE COUNTY - BOARD PAGE 1 1<'?:ABWARR VOID LIST# 31- 27-APR-2002 TO 03-MAY-2002 ruND: 001 - General Fund CHECK INVOICE VENDOR TOTAL 00281633 12211604 St Johns River Water Managemen 20.00 FUND TOTAL: 20.00 05/03/02 1"<7ABWARR lqJND : CHECK 00281009 ......, """" ST. LUCIE CO~~Y - BOARD VOID LIST# 31- 27-APR-2002 TO 03-MAY-2002 PAGE 2 101 - Transportation Trust Funà INVOICE VENDOR I2210491 Holiday Inn TOTAL 129.90 129.90 FGND TOTAL: '-" "" 05/03/02 ST. LUCIE COUNTY - BOARD PAGE 3 FZABWARR VOID LIST# 31- 27-APR-2002 TO 03-MAY-2002 L ",,¡,IT): 160 - Plan Maintenance RAD Fund CHECK INVOICE VENDOR TOTAL 00279978 I2207304 Nobles, Diane 26.28 FUND TOTAL: 26.28 '-" ..."" 05/03/02 ST. LUCIE COUNTY - BOARD PAGE 4 F?:ABWARR VOID LIST# 31- 27-APR-2002 TO 03-MAY-2002 ruND: 395 - River Branch MSBU Capital CHECK INVOICE VENDOR TOTAL WOOOO034 12218709 Bank of America 11,051.33 12218709 379.92 CHECK TOTAL: 11,431.25 FUND TOTAL: 11,431.25 , 04/26/02 F7.ABWARR FUND 001 001115 001137 001139 001140 001143 001145 001243 001258 001265 001267 001269 001271 001809 101 101002 101003 101006 102 102001 102104 - \001 ~ 107 107001 107002 107003 107123 112 113 114 116 117 119 120 122 123 126 127 136 138 139 140 140001 140315 140800 ) cO \.( ST. LUCIE COUNTY - BOARD tl:' s V e /Jr l/ I'PJ/ov ~Ù JI /-n~J /. P PAGE 1 WARRANT LIST #30- 20-APR-2002 TO 26-APR-2002 FUND SUMMARY TITLE General Fund 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 IMLS/2001 Conservation Assessment Childern's Environ. Learning Center TDC Planning Grant FYOO/01 TDC Planning Grant FY01/02 EMPA 01/02 Dept. of Community Affai FDEP-Urban Mobile Lab Grant 01/02 DHR-Histørical Museum Grant-In-Aid SFWMD-Floridian Aquifer Well 01/04 Transportation Trust Fund Transportation Trust/aO% Constitut Transportation Trust/Local Option Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU FDOT Bicycle/Pedestrian Coordinator Recreation 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 USDOJ/BJA LLEBG FY02 River Park II Fund Harmony Heights 3 Fund Harmony Heights 4 Fund Sunland Gardens Fund Sunrise Park Fund Holiday Pines Fund The Grove Fund Indian River Estates Fund Queens Cove Lighting Dist#13 Fund Southern Oak Estates Lighting Pine Hollow Street Lighting MSTU Monte Carlo Lighting MSTU#4 Fund Palm Lake Gardens MSTU Fund Palm Grove Fund Port & Airport Fund Port Fund Airport Drainage Master Plan- FDOT IRL Taylor Creek Restoration SFWMD plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir EXPENSES 576,180.33 4.00 0.00 0.00 16.97 538.92 241.14 6,096.00 0.00 0.00 1,366.88 180.74 7.52 126.79 34,122.09 10,582.00 61,850.00 368,016.79 17,854.48 25,531.72 0.00 1,110.00 6,293.28 197,305.58 0.00 0.00 16.26 72,927.00 513.94 203.45 447.41 496.68 123.93 726.67 151.66 853.21 253.66 110.14 327.91 1,305.84 106.43 659.40 2,455.52 14,268.05 7,024.00 959.18 4,436.23 500.05 PAYROLL 434,661.64 0.00 515.04 338.58 5,518.44 1,264.48 0.00 0.00 665.81 149.14 0.00 1,188.80 1,364.80 1/188.80 105,762.16 0.00 0.00 0.00 45,250.77 3,488.80 1,226.40 0.00 2,214.43 67,327.34 829.15 23,745.48 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 10,792.30 0.00 0.00 0.00 2,550.84 4,496.72 - 04/26/02 F7.ABWARR FUND 183001 183002 183004 184203 184204 185002 310002 310003 316 382 396 401 418 421 441 441802 448 449 451 458 461 , " J 479 491 505 505001 611 625 688 691 694 '" ST. LUCIE COUNTY - BOARD ...", WARRANT LIST #30- 20-APR-2002 TO 26-APR-2002 FUND SUMMARY TITLE Ct Administrator-Arbitration/Mediat Ct Admin.-County Arbitration/Mediat Ct Admin.- Teen Court Ft. Pierce Beach Restoration South Co. Post Storm Study FDEP SHIP Housing Assistance FY 01/02 Impact Fees-Parks Impact Fees-Public Buildings County Capital Environmental Land Capital Fund Lennard Road 1 - Roadway Capital Sanitary Landfill Fund Golf Course Fund H.E.W. Utilities Fund North Hutchinson Island Utilities SFWMD N. Hutchinson Water Main 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-Operatin No Cty Util Dist-Renewal & Replace No Cty Uti 1 Dist-Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Law Library Briargate MSBU North AlA MSBU Raintree Forest MSBU GRAND TOTAL: EXPENSES 47.10 200.00 271.66 4,847.68 8,927.50 12,387.18 5,025.00 10,485.50 209,778.36 4,180.00 734.75 59,397.98 7,387.33 1. 98 50.26 1,155.00 0.00 0.00 84.91 0.00 6,051.17 2,688.42 0.00 0.00 211.45 333,144.35 290.00 7,675.51 5,446.79 2,862.43 9,888.94 7,127.49 2,116,640.59 PAGE 2 PAYROLL 1,115.38 0.00 2,874.61 0.00 0.00 1,430.40 0.00 0.00 0.00 0.00 0.00 37,940.79 20,317.77 110.69 3,434.08 0.00 1,032.70 . 734.42 1,514.74 806.03 13,021.96 2,131.43 366.71 293.77 23,764.37 2,766.67 1,760.03 5,575.91 0.00 0.00 0.00 0.00 835,532.38 04/26/02 FZABWARR FUND 145 TITLE '-' ST. LUCIE COUNTY - BOARD ..., WARRANT LIST #30- 20-APR-2002 TO 26-APR-2002 FUND SUMMARY- MOSQUITO Mosquito Fund GRAND TOTAL: " EXPENSES 4,875.45 4,875.45 PAGE 1 PAYROLL 24,016.36 24,016.36 W' .."" 04/26/02 ST. LUCIE COUNTY - BOARD F7.ABWARR VOID LIST# 30- 20-APR-2002 TO 26-APR-2002 ~ul~: 145 - Mosquito Fund CHECK INVOICE VENDOR 00282280 12213484 Fla Mosquito Control Associati PAGE 1 FUND TOTAL: TOTAL 70.00 70.00 " 04/26/02 F'7.ABWARR FUND 184 TITLE ~ ST. LUCIE COUNTY - BOARD ""'" WARRANT LIST #30- 20-APR-2002 TO 26-APR-2002 FUND SUMMARY- EROSION Erosion Control Operating Fund GRAND TOTAL: " EXPENSES 9,119.47 9,119.47 PAGE 1 PAYROLL 2,438.01 2,438.01 "w' ~ AGENDA REQUEST ITEM NO, C-2A DATE: May 7,2002 REGULAR [ PUBLIC HEARING CONSENT [ X ] PRESENTED BY: Peter Keoqh. Parks & Recreation Director TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): Parks & Recreation/Golf Course SUBJECT: The 19th Hole at Fairwinds Café and Grill Contract No.COO-08-508 BACKGROUND: A contract, as referenced above, was fully executed between S1. Lucie County Fairwinds Golf Course and The 191h Hole at Fairwinds Café and Grill on August 22,2000. FUNDS A V AIL.(State type & No. of transaction or NI A): NI A PREVIOUS ACTION: RECOMMENDATION: Parks and Recreation/Golf Course staff recommends the Board of County Commission approve the following action: 1. Direct staff to notify the Café that the County is exercising its right pursuant to Paragraph 8.03 of the contract to terminate Contract No. COO-08-508 without cause 30 days prior written notice. 2. Grant permission for Parks & Recreation Golf Course staff to advertise a Request for Proposals (RFP)for the operation of the Fairwinds Café and Grill. COMMISSION ACTION: CONCURRENCE: ~] APPROVED [] DENIED [ ] OTHER: ""~'Y ",o_,D~~ x) Golf Course: Review and Approvals X)Management & Budget x) Purchasing: '" -.. '-' ....,¡ PARKS & RECREATION DEPARTMENT FAIRWINDS GOLF COURSE MEMORANDUM TO: The Board of County Commission FROM: Peter Keogh, Parks & Recreation Director VIA: Timothy Coolican, Golf Course Manage~ RE: The 19th Hole at Fairwinds Café and Grill Contract No. C0008-508 DATE: May 7,2002 On June 14,2000 the Fairwinds Golf Course prepared a Request for Proposal No. 00-053 for the operation of Fairwinds Café and Grill. On August 22, 2000 a contract was executed with The 19th Hole at Fairwinds Inc. d/b/a! Fairwinds Café and Grill. On January 21,2002 I conducted an audit of The 19th Hole at Fairwinds. The Café failed to provide the necessary information for a proper audit. The golf course staff gave the Café ample time to produce records required for the completion ofthis audit, but the Café has not complied with our request. - A similar request was made by golf course staff to the Café through certified mail on February 13, 2002. As of this date, we have not received the requested reports. Secondly, it has come to our attention that the Café has failed several health inspections. The Café was given one (1) month to rectify the problems outlined by the health inspector, but they were unable to do so. A hearing is currently scheduled with the Department of Business and Professional Regulations concerning the failed inspections. On April 6, Fairwinds Golf Course hosted the Bill Shultz Senior Amateur Championship. The Café failed to honor their commitment for a buffet luncheon. RECOMMENDATION: Parks and RecreationlGolfCourse staff recommends the Board of County Commission approve the following action: 1. Direct staff to notify the Café that the County is exercising its right pursuant to Paragraph 8.03 of the contract to terminate Contract No. COO-08-508 without cause 30 days prior written notice. 2. Grant permission for Parks & Recreation Golf Course staff to advertise a Request for Proposals (RFP)for the operation of the Fairwinds Café and Grill. j '-'" .....I t ATTACHMENT TO AGENDA REQUEST ITEM NO. C-3-B PROJECT LIST The Project consists of preparation and resurfacing various county roads, traffic striping and pavement messages, and final cleanup, associated appurtenances, and other related work. The roads to be resurfaced under this contract may include: MillinQ & Resurfacing (these roads have been overlaid before and the drop between the edge of pavement into the driveways would be too great if not milled) Tax Map Road Name From To Lenqth 34/22N Bay Street Holly Ave Shady Ln 0.15 34/22N&S Holly Avenue Wi lIows Ave Olive Ave 0.30 34/22N&S Olive Avenue Beach Ave S. End 0.40 34/22N Shady Lane Beach Ave Rio Mar Dr. 0.18 34/22N Willows Avenue Beach Ave Olive Ave 0.21 34/225 Lindo Lane Camino St Lomas St 0.15 34/225 Lomas Court Lomas St S. End 0.02 34/225 Lomas Street Prima Vista Camino St 0.25 34/22N&S E. Arbor Ave Beach Ave Camino St 0.45 34/225 Camino Street Prima Vista Entrada 0.25 34/22N Coconut A venue Oleander Beach Ave 0.50 34/22N Ash Street Oleander Coconut 0.15 34/22N Poplar Avenue Ash St Beach Ave 0.10 34/22N Wi Ilows A venue Ash St Beach Ave 0.20 34/22N Beach Avenue Rio Mar Dr W. End 0.40 34/155 Kitterman Rd US#l E. to new rd 0.20 34/11N&S Raintree Trail Howard St Easy St 0.93 34/22N Oleander Avenue Beach Ave Coconut Ave 0.50 24/17N Okeechobee Rd 2700 BLOCK 0.01 \ "-' ....., ResurfacinQ only: Tax Map Road Name From To Lenc¡th 13/22N Johnston Rd End Pavement Angle Rd 2.00 13/16N Johnston Rd Indrio Rd County Li ne 2.50 24/335 Platts Ln Sunrise Blvd W. End 0.10 23/03N E. Joy Ln Angle Rd 5. End 0.23 Tax Map Road Name From To Lenc¡th 23/03N W. Joy Ln Angle Rd 5. End 0.25 13/355 Commercial Cir Kings Hwy Ind. Park 1.40 14/235 Jackson Way North A-l-A W. End 0.30 23/02N Timber Lake Angle Rd 5. End 0.30 23/02N Pine Martin Ln Timber Lake E.End 0.08 23/02N Clear lake Ln Timber Lake E. End 0.08 23/02N 5hadyLake Ln Timber Lake E. End 0.10 23/02N Pineburke Ln N. End 5. End 0.20 34/22N Oleander Court Oleander Ave W. End 0.04 32/155 Mach One Dr Ideal Holding W.End 0.50 32/155 Tranqui lity Base Ideal Holding W. End 0.50 32/155 Kitty Hawk Ideal Holding W. End 0.55 32/155 Ideal Holding 5. End End of new pave 0.40 23/33N Twin Creeks Dr McCarty Rd E. End 0.30 45/04N Riverview Dr 5.I.R. Drive End of pavement 0.10 45/04N Springhill Dr 5.I.R. Drive Sheridan Ln 0.10 34/035 Brack Rd Oleander Ave Melville Rd 0.25 24/175 35th 5t Virginia Ave Okeechobee Rd 0.25 35/27N Hermans Bay Parking Area (0.9 mi North of 8601 5. 5R AlA) 35/34N Normandy Beach Parking Area (8601 5. 5R AlA) Approximate total road miles = 15.88 \.,- , '-' AGENDA REQUEST IT~ NO. C-2b DATE: May 7, 2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): Parks & Recreation PRESENTED BY: Pete Keogh Director, Parks & Recreation SUBJECT: Approval of Interlocal Agreement City of Ft. Pierce-10th Street project. BACKGROUND: On March 26, the BOCC agreed to contribute matching funds up to $25,000 toward the cost of the City of Ft. Pierce's 10th Street Park project. The agreement was approved by the City Commission and the signed copies have been returned to the County for approval and signature. FUNDS AVAILABLE IN: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff requests that the Board of County Commissioners approve the Interlocal Agreement with the City of Ft. Pierce for the 10th Street Park project and authorize the Chairman to sign. COMMISSION ACTION: NCE: ~] APPROVED [] DENIED [ ] OTHER: nderson Administrator County Attorney: Originating Capt: /77 ~ ..... Coordination/Siqnatures Mgt. & Budget: Purchasing Mgr.: Other: Other: Finance: (Check for Copy only, if Applicable) Eft. 1/97 H:\WP\Agenda 10th St Park Interlocal.wpd .. '-' 'WI ..... INTERLOCAL AGREEMENT BETWEEN CITY OF FORT PIERCE and ST. LUCIE COUNTY (10th STREET PARK) THIS AGREEMENT (the "Agreement") is made and entered into this _ day of , 2002, by and between the City of Fort Pierce, a Florida municipal corporation (hereinafter the "City"), and St. Lucie County, a political subdivision of the State of Florida (hereinafter the "County"). ARTICLE I. BACKGROUND AND OBJECTIVES WHEREAS, the County and the City are empowered to enter into inter local agreements with public agencies, private corporations or other persons, pursuant to Section 163.01, Florida Statutes; and, WHEREAS, the City owns and operates 10th Street Park (hereinafter referred to as the "Park") and desires to build a restrooms and a large pavilion (hereinafter referred to as the "Project") to meet the increasing demand for park useage within the City; and, WHEREAS, the County has agreed to contribute matching funds up to twenty-five thousand and 00/100 dollars ($25,000.00) on a 50/50 matching basis from Park A Impact Fees toward the cost of the Project; and, WHEREAS, the County and the City desire to enter into this Interlocal Agreement. NOW, THEREFORE, in consideration of these premises and mutual covenants contained herein, the parties agree as follows: g:\atty\agreemnt\interloc\10th Street Park 1 .. \..r """" .... ARTICLE II. COUNTY FUNDING The County agrees to contribute up to twenty-five thousand and 00/100 ($25,000.00) dollars from Park A Impact Fees to reimburse the City, net of any grants received by the City to fund the Project, on a 50/50 matching basis for the cost of the Project. The County shall provide funds to reimburse the City within thirty (30) days from receipt of an invoice from the City certifying the cost paid for the Project and requesting that the County reimburse the City as herein provided. ARTICLE III. TERMINATION This Agreement shall terminate automatically upon mutual written agreement of the parties, upon failure of the City to enter into a contract for design of the Project on or before October 1,2004, or upon completion of the Project and payment of the County's share as herein provided. ARTICLE IV. NOTICES All notices required or permitted to be given under the terms and provisions of this Agreement by either party to the other shall be in writing and shall be sent by registered or certified mail, return receipt requested, to the parties as follows: As to the COUNTY: With a copy to: St. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 g:\otty\ogreemnt\interloc\10th Street Pork 2 -, '-" ..." '".' As to the CITY: With a copy to: Fort Pierce City Manager Fort Pierce City Hall 100 North U.S. 1 Fort Pierce, Florida 34950 Fort Pierce City Attorney Fort Pierce City Hall 100 North U.S. 1 Fort Pierce, Florida 34950 or to such other address as may hereafter be provided by the parties in writing. Notices by registered or certified mail shall be deemed received on the delivery date indicated by the U.S. Postal Service on the return receipt. ARTICLE V, RIGHTS OF OTHERS Nothing in this Agreement expressed or implied is intended to confer upon any person other than the parties hereto any rights or remedies under or by reason of this Agreement. ARTICLE VI. INV ALIDITY OF PROVISIONS The invalidity of one or more of the phrases, sentences, clauses, or Articles contained in this Agreement shall not affect the validity of the remaining portion of the Agreement, provided that the material purposes of this Agreement can be determined and effectuated. ARTICLE VII. ACCESS TO RECORDS Both parties agree to allow either party or the public, to access all documents, papers, letters or other material made or received in conjunction with this agreement. ARTICLE VIII, WHOLE UNDERSTANDING This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions or obligations other than those contained herein; and this g:\atty\agreemnt\interloc\10th Street Park 3 .. '-' ..." .;,.1' Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. ARTICLE IX. AMENDMENTS The Agreement may only be amended by a written document signed by all parties and filed with the Clerk of the Circuit Court of St. Lucie County, Florida. ARTICLE X. EFFECTIVENESS. This Agreement shall be filed with the Clerk of the Circuit Court of St. Lucie County, Florida, prior to its effectiveness. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by their duly authorized representative(s) on the latest day and year noted below. CITY OF FORT PIERCE, FLORIDA ATTEST: Q~~~~~ Clerk BY: BY: Date: ~~ ,S 2CXJ'L g:\atty\agreemnt\interloc\10th Street Park 4 .. '-" ...., -;,.I' BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ATTEST: BY: Deputy Clerk Chairman Date: APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney g:\atty\agreemnt\interlac\lOth Street Park 5 ..--- ....., AGENDA REQUEST ITEM NO. C-2c DATE: May 7, 2002 REGULAR [ ] PUBLIC HEARING [ CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks & Recreation PRESENTED BY: Pete Keogh Director SUBJECT: Request for approval to serve alcohol at Ft. Pierce Community Center. BACKGROUND: Mr. and Mrs Ingle have rented the Ft. Pierce Community Center on May 18, 2002 for the purpose of a wedding reception for their daughter. As part of the celebration, alcohol will be served. The services of Dominick Collura, the County's concessioner have been secured to cater the event and proof of insurance has been provided. Mr. and Mrs. Ingle have received permission from the City of Ft. Pierce to serve alcohol and as required by County Ordinance 1-15-23, they are now seeking BOCC approval. FUNDS AVAilABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Mr. and Mrs. Ingle's request to serve alcohol at the Ft. Pierce Community Center on May 18, 2002 during their daughter's wedding reception. Originating Dept: )1// ÞC- Coord ination/Sianatures RRENCE: COMMISSION ACTION: [x] APPROVED [] DENIED [ ] OTHER: ~ oug Anderson unty Administrator County Attorney: Management & Budget: Purchasing: Public Works: Other: Finance: (Check for Copy only, if applicable) _ y~, "'N ..yy¡;. rlU .I.;); "0 r.,A (I ¡: ~OU;"''''' 'I"" tUKT Y lIíK!,;t;-YlIßL'!'; WUKI\:i ~UU'IIUU~ '.. - '-" 'WI ,- ---' .- ,--- . ST. LUCIE COUNTY DEPARTMENT OF LEISURE SERVICES FACILITIES RESERVATION PERMIT . Lf1.ðD. ~~O y:lfD?r ""'\It:. N.meofApPlicant N0V'<'i ¡,o . ~'3 \~ . ~nëNum~r ~-~\f(i7nOf"\~ Sponsoring Organization ~ \Dn o NtDD 'AMê) (:) ,/--ð/ ò ';y Num·';er of PerlOOS '75 - lOt) . Date(s) Aequeet~ may ¡<g I "i}OOtr ~~- . ,.llpfT\ Time nQ?n - '~~f~ Purpose or use Time: Fr~ 5~DÒ. Rehearsal and/or Set up Date List a,ny special oircumstances., serviCf!s, and/or materials needed J:;R~ 9s~- "'~ W;~(~~~. '1~t'f"\-\lþ- Fe.. and Charges for. Services: AMOUNT 1. Utilities 2_ Speclll Svs. 3. Perlonne' . A) Supervisor B) Maintenance C) Private Sec. . 0) PoficelSherlff 4. User Fee 5. Grill Fe. 6. Ù$er Dep. 7. Grill Dep. B. Sp. Materials 9. Other ' .1~. Keys Qut / / KeYlln / I A'Uou~t Collected: Deposit Returned $ $ Receipt' Date ..................................._...~.............................................................. .............................................................................~.............~.......... '0'; , ., PLEASE READ CAREFULLY BEFORE SIGNING . , 1. Should any vlsl ble danger be obsvrved by the Permltte. or broughtto his/her attention by thoae persons uaing the façililies under 1his permit. said Permittee shan not use the facility and shall ' report the visible dangertothe LeiaureSttvic:es Departmen.at488-1521 between 8:00a.m. end 3:30 . p.m. t,1ondily through Friday. 2. Please DO NOT go on the fields If t~ bave wa..r on them, or if they are too muCkly for play, , 3. At no time will anyone alter, damage or deface the playing fields. Pressbox. conceaalon stand, rest rooms or any part of the facilities under thie permit. . . p' J' , . ,. , ". U.4/~5/~00~ fRI 15:35 .... ~-25-2œ2 . fAX 77Z 460ZZ00 403 fORT PIERCE-PUBLIC WORh~ '4 MF1RSI-R.J. EHT I HS "'=J UV"I vuo .. N 407 ~23308 P.01/01 ACOBD.. CER'ft'FICA TE OF LIABiliTY INSURANCE I ÞA'II ...." '!2/~. 12001 ~ 'HIS CER'I1FICA~.IS~~!D AS A MATTI!A OF INFORMA~ Ma:nba11 Bnte:ta1ma.ent In.. InO. ONLY ,,"D çgNFEM NO RIGHTS UPON THE CERTIFICATE HOLDIiR. T"~. fgR!1PN:ATE DOI!3R,NOT AMENDEs £ (TENþ OR 2000 ~ni9.C.a1 Studio. Pi .625 ALTER THE CO V THE POlICI BELOW. 32819- INSURIRS AFFDRDING COVERAGe Odando no INIUØØ .........'" ~ftI1UIA NOVA C;:OImUy Store SQb Ðøp, Inc:. IlIUIIM 8; 5420 O&'angoI Aye. "INAEII c: Pies-1M n. 3U12~ .......111 E: ttllI'OU OF' INSIMNCIi LI8TiØ aEl..OW"^VI! -.1....0 1'Q M UlSIIRlI) HAMID ABOVE fOR iJlE I"OI.ICY PERIOD INIXATIO. ~TWTttST~DlNG ANY RlQUIIŒ14eNT,18IM OR OOHOI'I'IOH Of ~y 00tn1¥\C'f OR O'nIIA DCJC:IIMIþß' WITH A!SPECTTO WHICII THIS CERT1fICATE......, IE ISSUeD ( f\ w.., PERTAIN. 'nIE I'!.~c:t ~u~~ 1141 PCILICIØ C!'~'!!f£.~ut SUI.OT TO l1l.I. THE TEAMS, exCLUSIONS AND CONDmONS Of I!UCH POlICIES ~GG1\1 ¡"'iT. 11 y ClAI ~ 1YKOF~ POUCYIIIIIIIIII r -4 1'1 noN UIIIft ",- 1m' I I I I EN;M~CIi . 1,000,000 X II\L~IAKITY rlftE ......, I 50,000 1 CIAIIIIMIII! DC:CUI\ GI.'ftI2DD1ð:J3 11/01/200J, 11/01/2002 IIII!t'ÐP.-....-- c 1,000 X Up"' L1ûÞ. IDðI.. ___ mvtNJIJRV I :1.,000,000 ~ DIId. ,seD .aeb e1U. / I I / GlllIiflAI\GGIIEG4 TE I 1,000,000 -ªi-~nILMTn:.~ . COMI'rOP AGel I :1.,1)00,000 loa...., ~ DC 1 1 I 1 ~1.IA IU1Y I / I I CCIIID_IINOIIUWT - iliff AIIT'O (e.~ . - AlLIMNIiO AII!O& I I I I COLT oIU \Y .- IctteDU~ID AUI06 po.-I I '--' liltED A\I1tIS I I I I IODLVINJUIIY -oQWNEO~ (POl- I - I I I / - :;::"RlYD_ ~ I IUII&M UMIUTY AUrO 0"" .£t. accGENf · ...... I I I / I- Hft NI'O 01'l1ER'TIWI E.uce I A&lfO ONL" at".l': . ~~ I / I I . ....,.. ""'~NC· - OCC~ 0 CLAI!III ~G AGGREGATE I · - I / I / _ OEOUCnlllZ · ~Y1OII . · LCTEIW~1IDN- I I I / I T"óMLíMifs I I'I!,¡" E.L ,_ ~CIOEHT · I I I / E.L 0I6W~ .. EAEllPLO= . E.L OI$!ASI!-JIOI.IC'I'LIMIr I Q1IIEII I I I I ~~ OF _1IDfIM CICA_ør . -ulll.llIIONIAIIDCDIY IIJCII R8UmQcc;w. MOYIIIOIII '!.'boo c:art..l..:u".te 'a~ U __ a,doU.~o...1 Z-1U<I4. CElmFlCATlL........... T I ACIÞI'IIOM&~--.._._....;.,.",; tTlDN IMOUUI NN 01 'I'I1II MO¥II DPCIUIIÐI POUCIEI lie CANClLI..IIØ .ø:olll! 'n4( ,,-TlDJoI 0""" VIlEMO!'. 'fIIIE INUI'IG 111SU11E. WILL E1IDEA'JOII TO MAlI. ~ 1lAY8 _TIEN NCI'I'Ø '10 1I4E "£1111_1£ -..oER _ TQ tMll.UT, DUT E'O~t P2..:-_ eo..uni ty Cenbl:- '"11M TO DO 10 _~ ..rOIl NO CMlUClA1IDN DII iJAlllUTY OF Artt ( "II U'ON nle NaÐey In'íJ1e IJIII'-- .- AcIEWT'I DR ---N'ATlVES, \. 600 N Incü,an lü.var D~.. --- UTA1IVI d '(\\ ~ \ t?-A r_t P:LtarC!ll i'L 3"952- , ........- ACON) a54 (7/W') ... ~CORO ~ ORPORATION 1"1 ~...- _zss "'10~01 IJ.ICIQONIC I.UEJI ,OIIMS,IIIC .11DO S7ra.lS ,,''''l \ \ TOT~ P.01 """'" ~:: AGENDA REQUEST ITEM NO. C-2d DATE: May 7, 2002 REGULAR [ ] PUBLIC HEARING [ CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks & Recreation PRESENTED BY: Pete Keogh Director , SUBJECT: Request for approval to serve alcohol at the St. Lucie County Marine Center. BACKGROUND: The St. Lucie County Sheriff's Office and St. Lucie County Administration are co-sponsoring a reception for the Florida Law Enforcement Public Information Officers' Association on Wednesday, May 8, 2002 at the St. Lucie County Marine Center. As part of the reception, alcohol will be served and as required by County Ordinance 1-15-23 BOCC approval must be acquired. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the St. Lucie County Sheriff's Office and County Administration's request to serve alcohol at the St. Lucie County Marine Center on May 8, 2002 during the Florida Law Enforcement Public Information Officers' Association reception. [X] APPROVED [] DENIED [ ] OTHER: ENCE: COMMISSION ACTION: DUg Anderson unty Administrator COO rd i n atio n/S iQ natures County Attorney: Management & Budget: Purchasing: Originating DePt:~-=--- Public Works: Other: Finance: (Check for Copy only, if applicable) _ ~. AGENDA REQUEST ...., ITEM NO. C-3-A .... DATE: May 7,2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: MOSQUITO CONTROL DISTRICT BOARD PRESENTED BY: SUBMITTED BY: Purchasinq Department Michael Rath. Purchasinq Director SUBJECT: Amendment NO.1 of Agreement No. COO-04-289 with Choice Sanitation for Solid Waste Collection and Recycling Services for St. Lucie County Facilities BACKGROUND: On March 28, 2000, the Board awarded Bid No. 00-031, Annual Agreement for Solid Waste Collection and Recycling Services for County Facilities to Choice Sanitation. The original term of the Agreement was for a two (2) years period and provides for two (2), one (1) year extensions. FUNDS AVAilABLE: Funds are available in the various Departments Operating Budgets. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Amendment NO.1 of Agreement No. COO-04-289, renewing the annual agreement with Choice Sanitation for the first year of the two (2) year renewal period, and authorize the Chairman to execute the Agreement. COMMISSION ACTION; [x] APPROVED [] DENIED [ ] OTHER: County Attomey:(X) (:.{ ;L4 Coordination/Sianatures Mgt. & Budget (X) ítfJ -fr¡~ Other: Purchasing Mgr.:(X) ~~ / {!-~ ,- Originating Dept:: Other: Finance: (Check Dr Copy only, if Applicable) Eff. 1/97 '-' ....", CONTRACT EXTENSION THIS CONTRACT EXTENSION made this day of , 2002, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida (County) and CHOICE SANITATION, INC., or his, its or their successors, executors, administrators and assigns (Contractor). WHEREAS, on April 21, 2000 the parties entered into a contract (the "Contracf') whereby the Contractor agreed to provided exclusive solid waste collection and disposal services for 51. Lucie County facilities; and WHEREAS, on April 25, 2000 the parties executed the Amended and Re-5tated Solid Waste Collection Agreement whereby the Contractor agreed to provide exclusive solid waste collection and disposal services, and recycling services for 51. Lucie County facilities; and WHEREAS, the parties have agreed to exercise the first extension option. NOW, THEREFORE, inconsideration of the premises and the mutual benefits which will accrue to the parties hereto in extending the Contract, the term of the Contract is here by extended through and including April 20, 2003 on the same terms and conditions. IN WITNESS WHEREOF, the County has hereunto subscribed and the Vendor has affixed his, its, or their names, or name, and the date aforesaid. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES CHOICE SANITATION, INC. :kHORfle15 ¿¿¿fl#;:;¿ Print Name: ~7 ~~ÆV$.J ÎI. ClpontL .{èLLCtc¡ die?. ~/UÞY Title: ~ ../ ~.~ . c·.... ~ /~.;' _,-.....~.. " '--.~C:::,._.V;. - >' '-~ '- ..~...~..:~:~:,? "~',~:'~ ~ RE-STATED SOLID WASTE COLLECTION CONTRACT "'" í~ 7\ ,Ui' . Î'L. 'Ï CM L".-V· U I c<. ù ! AMENDED AND TEIS AMENDED AND RE-STATED SOLID WASTE COLLECTION CONTRACT is made this '%<;~ day of 0-0 i'-I \ 2000, between ST, LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "COUNTY", and CHOICE SANITATION, INC., or his, its or their successors, executors, administrators, and assigns hereinafter called the "CONTRACTOR"; -WITNESSETB:- WHEREAS, on April 21,' 2000, the parties entered into a Contract (the UContract") whereby the Contractor agreed to provide exclusive solid waste collection and disposal services for St. Lucie Cöunty facilities; and WHEREAS, the parties have agreed to amend and re-state the Contract to provide that the Contractor will also provide recycling services in accordance with the Contractor's bid for SL Lucie County Bid No. 00-031. 1 . PURPOSE That Contractor agrees with County, for the consideration herein mentioned, at his, its or their own proper cost and expense to do all the work and furnish all the materials, equipment, supplies, and labor necessary to carry out this Contract in the manner and to the full extent as set forth in the exhibits, and to the satisfaction of the duly authorized representatives of St. Lucie County, who shall have at all times full opportunity to inspect the service provided under this Contract. 2. GENERAL DESCRIPTION OF SERVICE It is agreed that the service to be provided under this Contract is exclusive solid waste collection and disposal services, and recycling services for St. Lucie County facilities (the "Service"). The County intends to perform a waste audit and, therefore, the County reserves the right to increase or decrease -1- _~._,.,_..___.__,.J '-' .,¡ the number and sizes of the containers, and the frequency of collection as determined by the County to be in it's best interest. The term "solid waste" as used herein is as defined in Chapter 4 03, Florida Statutes. 3 . SERVICE, LOCATIONS, AND RATES The Service locations, frequency of Service, monthly charge are set forth on the Service Locations and Rates for solid waste services (Exhibit "A") and on the County's Suggested Recycling Plan (Exhibit "S") both attached hereto and made a part hereof as Exhibits "AR and "S". The Contractor shall provide separate containers for (a) paper (all colors), envelopes, post-its, newspapers, and manila folders, and (b) cardboard. The County reserves the right to add service locations upon five (5) days prior written notice provided by the St. Lucie County Administrator. The rates to be charged for additional solid waste service locations shall be $2.49 per cubic yard per pick up. The rate to be paid by the County both for the services described on Exhibits "An and "sn and for additional services may be increased annually by an amount not to exceed five percent (5%)of the then current rate. In addition, if the tipping fee at the St. Lucie County Landfill is increased or decreased, the Contractor shall make a proportionate adjustment to the rates and in the event of an increase in collection or disposal cost as a result of any tax, surcharge or fee imposed by any state, federal or local government, the Contractor may make a proportionate adjustment to the rates. 4 . TERM The initial term of this Contract shall be for two years from the date of this Contract. This term may be extended, upon mutual written consent of the parties, for two additional terms of one year each upon the same terms and conditions. 5 . CON'l'RACT PAYMENT The County shall pay the Contractor for the performance of this Contract monthly at the rates set forth herein based on invoices provided to and approved by the County. Payment shall be made within 45 days from the County's approval of the Contractor's -2- \.-. . . . f . h ...,; ~nvo~ce or serv~ces. T e Contractor shall invoice each service location and all additional services individually. 6. SUBCONTRACTORS In the event Contractor requires the services of any subcontractor in connection with the service to be performed under this Contract, the Contractor shall secure the written approval of the County Administrator before engaging such subcontractor. 7 . AUDJ:T The Contractor agrees that the County or any of its duly authorized representatives shall, until the expiration of three years after expenditure of funds under this Contract, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Contractor involving transactions related to this Contract. The Contractor agrees that payment(s) made under this Contract shall be subject to reduction for amounts charged thereto which are found on the basis of audit examination not to constitute allowable costs under this Contract. The Contractor shall refund by check payable to the County the amount of such reduction of payments. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or three years after completion of the proj ect and issuance of the final certif icate, whichever is sooner. 8. PUBLIC RECORDS The Contractor shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County in conjunction with this Contract, 9. CONTRACTOR RESPONSIBILITY/INDEMNITY The Contractor is an independent contractor and is not an employee or agent of the County. Nothing in this Contract shall be interpreted to establish any relationship other than that of an independent contractor, between the County and the Contractor, its employees, agents, subcontractors, or assigns, during or after the -3- \w. ...." performance of this Contract. The Contractor shall take the whole responsibility for the service provided under this Contract. The Contractor covenants and agrees at all times to save, hold, and keep harmless the County, its Officials, Employees, Agents, and Volunteers and indemnify the County, its Officials, Employees, Agents, and Volunteers against any and all claims, demands, penalties, judgements, court costs, attorney's fees, and liability of every kind and nature whatsoever arising out of or in any way connected or arising out of the performance of this Contract to the extent of the insurance requirements set out in this Contact. The Contractor hereby acknowledges that the payments made under this Contract include specific consideration for the indemnification provided herein. The County will be responsible for any damage to Contractor's containers used in association with this Agreement provided that such damage is caused solely by the County or its agents. 10 . INSURANCE The Vendor shall procure and maintain during the life of this Agreement insurance of the types and subject to the limits set forth below. The Vendor shall also provide the County with evidence of this insurance in the form of Certificates of Insurance which shall be subject to the County's approval for adequacy, A. WORKER'S COMPENSATION The Vendor shall provide and maintain during the life of this· Agreement, at his, its or their own expense, Workers' Compensation insurance coverage to apply for all employees for Florida statutory limits. Coverage B, Employers Liability, shall be written for a minimum liability at $100,000.00 per occurrence. B. COMMERCIAL GENERAL LIABILITY The Vendor shall provide and maintain during the life of this Agreement, at his, its· or their own expense, Commercial General Liability insurance on an occurrence basis for a minimum combined single limit of $1,000,000,00 per occurrence, for claims of bodily injury including death, property damage and personal injury. -4- ,. -~" --,...-.. ...~--- -~...- ~-_.._... C~ COMMERCIAL AUTO LIABILITY ....,,¡ The Vendor shall provide and maintain during the life of this Agreement, at his, its or their own expense, Business Commercial Auto Liability for claims of bodily injury and property damage for minimum limits of $1,000,000.00 combined single limit. 11 . DEFAULT = TERMINATION A. FOR CAUSE If either party fails to fulfill its obligations under this Contract in a timely and proper manner, the other party shall have the right to terminate this Contract by giving written notice of any deficiency and by allowing the party in default seven (7) calendar days to correct the deficiency. If the defaulting party fails to correct the deficiency within this time, this Contract shall terminate at the expiration of the seven (7) calendar day time period. With regard to the Contractor, the following items shall be considered a default under this Contract: (1) If the Contractor should be adjudged bankrupt, or if he, or it, should make a general assignment for the benefit of his, or its, creditors¡ or if a receiver should be appointed on account of his, or its, insolvency. (2) If the Contractor should persistently or repeatedly refuse or fail, except in cases for which an extension of time is provided, to timely provide service hereunder. (3) If the Contractor disregards laws, ordinances, or the instructions of the County or otherwise be guilty of a substantial violation of the provisions of the Contract. In the event of such termination, the Contractor shall only be entitled to receive payment for service satisfactorily completed prior to the termination date. B. WITHOUT- CAUSE -5- ~ Either party may terminate the Contract~thout cause at any time upon ninety (90) calendar days prior written notice to the other party. In the event of termination, the County shall compensate the Contractor for all authorized service satisfactorily and responsibly completed through the termination date. In addition, the County may terminate service to those service locations within the Port St. Lucie city limits upon five (5) days prior written notice provided by the County Administrator. 12. NON DISCRIMINATION Contractor covenants and agrees that Contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of the Contract with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex or physical handicaps (except where based on a bonafide occupational qualification); or because of marital status, race, color, religion, national origin or ancestry. 13 , VERIFICATION OF EMPLOYMENT STATUS Contractor agrees that it shall bear the responsibility for verifying the employment status, under the Immigration Reform and Control act of 1986, of all persons it employs in the performance of the contract. 14 . ASSIGNMENT. Contractor shall not assign this Contract to any other persons or firm without first obtaining County's written approval. 15. ATTORNEYS' FEES AND COSTS In the event either party defaults in the performance of any of the terms, covenants and conditions of this Contract, the non- prevailing party agrees to pay all damages and costs incurred by the Coùnty in the enforcement of this Contract, including reasonable attorneys' fees. 16. NOTICES -6- A1..w notices, requests, consents, and othe~ommunications required or permitted under this Contract shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: As To County: With A Copy To: St. Lucie County Administrator Administration Annex 2300 Virginia Avenue Fort Pierce, FL 34982 St. Lucie County Attorney Administration Annex 2300 Virginia Avenue Fort Pierce, FL 34982 As To Contractor: Choice ~anitation, Inc. 3213 Oleander Ave. Fort Pierce,. Pierce, FL 34982 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notièe shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 17. INDULGENCE NOT WAIVER The indulgence of either party with regard to any breach or failure to perform any provision of this Contract shall not be deemed to constitute a waiver of the provision or any portion of this Contract either at the time the breach or if the failure occurs a~ any time throughout the term of this Contract. 18. CONFLICT OF INTEREST The Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Florida Statutes 112.311 (1989) and as may be amended from time to time. The Contractor -7- furthe~epresents that no person having any Ü~rest shall be employed for said performance. The Contractor shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Contractor's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Contractor may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Contractor. The County agrees to notify the Contraètor of its opinion by certified mail within thirty (30) days of receipt of notification by the Contractor. If,. in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Contractor, the County shall so state in the notification and the Contractor shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Contractor under the terms of this Contract. 19. PROJECT MANAGER The Project Manager for the County is Charles Bicht at (561) 462-1700. The Project Manager for the Contractor is Scott Steven at 461-8009. The parties shall direct all matters arising in connection with the performance of this Contract, other than invoices and notices, .to the attention of the Project Managers for attempted resoluti6n or action. Except as otherwise provided for in this Contract, the Project Managers shall be responsible for overall resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Contract. 20. DISPUTE RESOLUTION -8- &~~isputes relating to interpretation of tÌ~terms of this Contact or a question of fact or arising under this~ontract shall be resolved through good faith efforts upon the part of the Contractor and the County or its Project Manager, At all times, the Contractor shall carry on the work and maintain its progress schedule in accordance with the requirements of the Contract and the determination of the County or its representatives, pending resolution of the dispute. Any dispute which is not resolved by mutual agreement shall be decided by the County Administrator who shall reduce the decision to writing. The decision of the County shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent, capricious, arbitrary, so grossly erroneous as to necessarily imply bad faith, or not be supported by substantial evidence. 21. MED::IAT::ION Prior to initiating any 'litigation concerning this Contract, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 22. ::INTERPRETAT::ION: VENUE This Contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Contract may only be amended by written document I properly authorized, executed and delivered by both parties hereto. This Contract shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Contract, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law -9- and th\...Southern District of Florida for any ~ims which are justiciable in federal court. IN WITNESS WBEUOF, the County has hereunto subscribed and the Contractor has affixed his, its, or their names, or name, and seal the date aforesaid. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, F~ORIDA BY: APPROVED AS TO FORM AND CORRECTNESS: !ì4ð?~ CHOICE SANJ:TATION, INC. ~1L- Print Name: Ltlt l! CouJde)! Title, r~eJ œry (J~ BY: c: \JWL\AGREE\CHOICB-lA OO.wpd -10- \w cl:i SAN U .1 <-1 ITATION INC. PROPOSAL ~ Recycling of cardboard from the landfill public works department 3-2 CHOICE SANITATION principal: Scot Stevenson, General Manager and Sales Manager Note: This proposal is made without collusion with any other person or entity submitting a proposal pursuant to this RFP. EXHIBIT · A" 4ÝYÞ ~zrft?, -- - - 3237 Ole:u:c!er Blvd. ' For: P:er;;:, FL 34932 . P~one (561) ~1-3CC9 ' Fa.'t (561) 461-6221 . (SCO) 255-36n '-' ...., Letter of Transmittal 3-2 A Undemanding of scope of work Rolloff containers will be supplied by CHOICE SANITATION (minimum of two 50yd containers will be needed). The solid waste division will recover the corrugated cardboard ftom the C&D and class 1 waste stream and place it in the rolloff containers. CHOICE SAJ.'lITATION will weigh the full containers on the landfill scales and then remove them ftom the landfill for recycling on an on-ca1l basis. CHOICE SANITATION will then provide satisfactory evidence that the recovered COITUgated cardboard is being ..... - recycled. The recovered corrugated cardboard -will òe- sold to the bidder that proposes the highest percentage of the trade publicàtion Official Board Markets for the county. B. Scot Stevenson, General Manager/Sales Manager, is authorized to make all represent- ations for œOICE SANITATION, of9901 Rangeline Rd, Port Sl Lucie, FL. 34987 561-461-8009. #$) Scot Stevenson B. Orga~~tion Profile &, Qualiñcations ....,¡ ŒOICE SANITATION, located at 9901 RangelineRd. Port St. Lucie, FL. 34987, owns and operates its own C&D recycling facility. CHOICE SANITATION provides a complete may of services in St. Lucie and Martin Counties to include cardboard recycling, paper recycling, other recycling, garbage and other. ŒOICE SANITATION operates six full time rollofftrucks and has two more available "on call". æOlCE SANITATION also has one front load and two rear load trucks for garbage and recycling, as well as a ftont-end loader, a bobcat and a pickup truck. æOICE SANITATION has over 500 rolloffcontainers, as well as a large array of compactors, front and rear load containers, and 95gal carts. - .. ŒOICE SANITATION is authorized to do business in the State of Florida and is incorporated under the laws of Florida. Bank References, Riversiqe National BaDk, 1600 S. Federal Hwy. Fort Pierce, FL. 34950 Contact: Cooie Newman Account No. 06013739801 Incorporation Papers: See attached CHOI~ÀI.'ITT ATION has expertise in cardboard recycling throu~ both St. Lucie and Martin COUIIt"J. We provide rolloff service for just cardboard for Martin Memorial Hospital. Badcock Furniture, Sears Optimllm, :Michael' s Crafts, BJ's Wholesale Club and numerous others. CHOICE SANITATION is also responsible for all garbage and cardboard recycling for the entire school district of St. Lucie County. CHOICE SANITATION: Individuals responsible for supervising: 1) Scot Stevenson/General Manager 2) Bruce Calderone/Operations Manager 3) Peter Rennie/Supervisor CHOICE SANITATION References: ' 1) Martin Memorial Hospital, Mike Duhart, 561-223-5945 ext.1672 2) Harbor Ridge, Nancy Moore, 561-336-3000 . 3) School District ofSt. Lucie County, Arley Hatch, 561-216-0538 ..,...1 C. Sc~fWork .,-" Rolloff containers will be supplied by CHOICE SAJ.'ITTATION (minimum of two 50yd COnt3Úlers will be needed). The solid waste division will recover the COlTUgated cardboard ftom the C&D and class 1 waste stream and place it in the rolloff containers. æorCE SANITATION will weigh the full containers on the landfill scales and them remove them from the la11QfiI1 for recycling on an on-ca.11 basis. CHOICE SANITATION will provide satisfactory evidence that the recovered COIIUgated cardboard is being recycled. The recovered conugated cardboard will be sold to the bidder that proposes the highest percentage of the trade publication Official Board Markets fer the county. .... - D. Co~ensation ...." . . CHOICE SAJ.'iITATION will pay 30% of the low side of the "yellow sh~' on cardboard which will be posted on the 1 st day of each month, (as of this writing, it is $85. DOlton baled) back to the St Lucie CountylPublic Works Dept. . Also mOICE SANITATION will not charge any fees at all. All deliveries, hauls, exchanges, relocates, etc are all tree. There will be no fees or charges, ever. -:".. - lfg í , \ \w of' ,.i. ~:. - , .~.~. t a itpa11ttmú of &tatt ., I certify the attached is a true and correct copy. 0..1 .the Articles òf Incorporation of CHOICE SANITATION, INC., a Florida corporation, filed on August 14,1997, as shown by the records of this office, . 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'T'I ." :::c ::c." c=5 ëS ë5 ë; ë5 ë5 c=5 ë5 ë5 c ë; cc=5 Õ ë5 c- c- mO m~ m m m m m m m m m m m mm m m om ~ o· ~'"C ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ ~ ~ ~~ ::cJ> " ." '"C '"C '"C 0 " c;:¡:t '"C c;:R c;:¡:t m m m m m m m m m m m· m ::c :::c ::c ::c ::c :::c :::c :::c ::c :::c ::c :::c ::c ::c ::c " '" .... ~ . .. _.~':~"i,~~~~t'i~~j} , '- AGENDA REQUEST ~EM NO. C-3-B DATE: May 7, 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 bids for an annual contract for Road Resurfacing. BACKGROUND: The purpose of this bid is to select a contractor to provide Road Resurfacing for the Road and Bridge Department on an annual basis. FUNDS AVAIL.: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval for the permission to advertise bids for an annual contract for Road Resurfacing. COMMISSION ACTION: ~] APPROVED [] DENIED [ ] OTHER: (1 r LA/ n../« County Attorney:(X) '. Coordination/Signatures Mgt. & Budget: P9 ~ +-~fhfY'(;¡ Purchasing Mgr.:(X) Other: Other: ,./ ¿IL- I . Originating Dept: Finance: (Check tJr Copy only, if Applicable) Eft. 1/97 " , '- ....." ;0- ATTACHMENT TO AGENDA REQUEST ITEM NO. C-3-B PROJECT LIST The Project consists of preparation and resurfacing various county roads, traffic striping and pavement messages, and final cleanup, associated appurtenances, and other related work. The roads to be resurfaced under this contract may include: MillinQ & Resurfacing (these roads have been overlaid before and the drop between the edge of pavement into the driveways would be too great if not milled) Tax Map Road Name From To Len9th 34/22N Bay Street Holly Ave Shady Ln 0.15 34/22N&S Holly Avenue Wi lIows Ave Olive Ave 0.30 34/22N&S Olive Avenue Beach Ave S. End 0.40 34/22N Shady Lane Beach Ave Rio Mar Dr. 0.18 34/22N Willows Avenue Beach Ave Olive Ave 0.21 34/22S Lindo Lane Camino St Lomas St 0.15 34/225 Lomas Court Lomas St S. End 0.02 34/22S Lomas Street Prima Vista Camino St 0.25 34/22N&S E. Arbor Ave Beach Ave Camino St 0.45 34/225 Camino Street Prima Vista Entrada 0.25 34/22N Coconut Avenue Oleander Beach Ave 0.50 34/22N Ash Street Oleander Coconut 0.15 34/22N Poplar Avenue Ash St Beach Ave 0.10 34/22N Willows A venue Ash St Beach Ave 0.20 34122N Beach Avenue Rio Mar Dr W. End 0.40 34/15S Kitterman Rd US#l E. to new rd 0.20 34/11N&S Raintree Trail Howard St Easy St 0.93 34/22N Oleander Avenue Beach Ave Coconut Ave 0.50 24/17N Okeechobee Rd 2700 BLOCK 0.01 , . '-' ...., " ResurfacinQ only: Tax Map Road Name From To Length 13/22N Johnston Rd End Pavement Angle Rd 2.00 13/16N Johnston Rd Indrio Rd County Line 2.50 24/335 Platts Ln Sunrise Blvd W. End 0.10 23/03N E. Joy Ln Angle Rd 5. End 0.23 Tax Map Road Name From To Length 23/03N W. Joy Ln Angle Rd 5. End 0.25 13/355 Commercial Cir Kings Hwy Ind. Park 1.40 14/235 Jackson Way North A-1-A W. End 0.30 23/02N Timber Lake Angle Rd 5. End 0.30 23/02N Pine Martin Ln Timber Lake E. End 0.08 23/02N Clear lake Ln Timber Lake E. End 0.08 23/02N 5hadyLake Ln Timber Lake E.End 0.10 23/02N Pineburke Ln N. End 5. End 0.20 34/22N Oleander Court Oleander Ave W. End 0.04 32/155 Mach One Dr Ideal Holding W. End 0.50 32/155 Tranqui lity Base Ideal Holding W. End 0.50 32/155 Kitty Hawk Ideal Holding W. End 0.55 32/155 Ideal Holding 5. End End of new pave 0.40 23/33N Twin Creeks Dr McCarty Rd E. End 0.30 45/04N Riverview Dr 5.I.R. Drive End of pavement 0.10 45/04N Springhill Dr 5.I.R. Drive Sheridan Ln 0.10 34/035 Brack Rd Oleander Ave Melville Rd 0.25 24/175 35th St Virginia Ave Okeechobee Rd 0.25 35/27N Hermans Bay Parking Area (0.9 mi North of 8601 5. 5R AlA) 35/34N Normandy Beach Parking Area (8601 5. 5R AlA) Approximate total road miles = 15.88 AGENDA REQUEST ~EM NO. C-3-C ¡oil DATE: May 7,2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): PurchasinQ Michael Rath. Purchasinq Director SUBJECT: Award of Bid No. 02-058, Furnish and Install Fencing BACKGROUND: On April 24, 2002 bids were opened to Furnish and Install Fencing as needed by the County Departments. Six hundred seventy-four (674) vendors were notified, nineteen (19) bid documents were distributed and four (4) bids were received (tabulation attached). This bid was issued as a "Spot Market Purchase" request, which due to the various types, configurations of fencing required and site conditions, does not lock a vendor to a set price for the term of the contract. Awarded vendors will be requested to submit facsimile price quotations (Spot Market Pricing) for fencing projects on an as- needed basis. Bidders desiring to provide quotations were to indicate which type of fencing they were qualified to install. Failure by the vendor to respond to two (2) consecutive requests for quotations will be cause for them to be removed for the remainder of the contract period. Staff has reviewed the bids received and recommends that the bid be awarded to the four (4) vendors listed on the attached tabulation. FUNDS AVAilABLE: Funds will be made available from the various Departments operating supplies accounts on an as-needed basis. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends award of Bid No. 02-058, Furnish and Install Fencing to Adron Fence Co., DM Ag, Inc., Martin Fence Co., and United Fence & Steel and authorization for the Chairmen to execute the Agreements prepared by the County Attorney. COMMISSION ACTION: [~APPROVED [] DENIED [ ] OTHER: County Attorney:(X) 0- / l.V"ì ..- /Í 'J~ Coordination/Signatures Mgt. & Budget (X) Uf)...f'vJlfrrrflb / I Purchasing Mgr.:(X) .''' ,{ ~':~ /... Originating Dept: Other: Other: Finance: (Check for Copy only. if Applicable) Eft. 1197 "',. _ ._._.~,_~_.._~_...._. _~.__.__..._~,d \w . z z z CD c c c ., c.. ~ ~ ~ CD OJ OJ OJ 3 m m m m :::: :::a :::a :::a c.. '" 0 0 0 ¡¡j ï1 ï1 ï1 --. " OJ OJ (') 0 3 0 0 0 (JJ 0 ~ :::a 0 lJ m (') > (') C z m ~ m < m (JJ m z z 0 ~ 0 (JJ ~ 0 ï1 (JJ m ~ 0 :::a .:" OJ C ~ m 0 * 0') ->. -.... .þ. CD .þ. "T1C: rs: 0010» i < :-Iz >)> ~S:I~O m "tI- ~::c Z --I m» m;;a mm "tI::! 0(;) 00 C :::tIC >Z :J: - :J: Z 0 ~" :::tI" 0- 0" ::c - m .?'m œZ œm CIJ ""z mo mZ rO ""Z m· !"O rO m m "" ""m r r QO 0 0 CIJ 0 9 -I i m m .... I I I ....0 -:::¡: Z» ,,- >< >< >< Z ~ < m >< >< >< >< Z ~ ::c m OJ » ::c OJ m c - CIJ >< >< >< s: >< 0 0 -I :::¡: ~ ::c m .- '" 0 ""C ""C ""C c: ::c m ::c m Z 0 I m :::¡: £) 0 » e: CIJ » » - !:: "C Z " ... (;) - -. 0 - N 0 ~ f:'o m ""C N ~ 0 0 Z 0 0 N @ " " N m .. Z OJ 0 Q - 0 0 ""C Z ~ . (;) s: 0 OJ . 0 e: Z ....CIJ -I ~~ ~ -.... 0e: -I Zo 0 CIJ- ::c :::¡:m CIJ mO mo -Ie: I Z ~:;! 0 =It: 0 N I C C1I co , AGENDA REQUEST ~EM NO. C-3-D DATE: May 7,2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasinq Department Michael Rath, Purchasinq Director SUBJECT: Rejection of Proposal received and Permission to advertise an amended Request for Proposals (RFP) for a Not-For-Profit Entity to Develop and Operate a Wildlife Rehabilitation/Hospital/Sanctuary at Indrio Savannahs Natural Area BACKGROUND: On February 5,2002, the Board authorized the issuance of RFP No. 02-041 for a Not- For-Profit Entity to Develop and Operate a Wildlife Rehabilitation/Hospital/Sanctuary at Indrio Savannahs Natural Area. Five hundred forty-one (541) potential respondents were notified, five (5) proposal documents were distributed and one (1) proposal was received. The RFP required the successful proposer to bring the facility up to current safety code requirements. The sole proposer, Treasure Coast Wildlife Hospital, Inc., took exception to this requirement. Central Services has looked at the building and determined that the existing $15,000 budgeted will cover repairs to bring the building up to code, using in-house labor. Therefore, it is staffs recommendation that the sole proposal be rejected and the RFP be amended to delete the requirement for the proposer to bring the facility up to current safety code requirements, and the RFP be re-issued. FUNDS AVAIL.: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board reject the proposal received and grant approval to advertise an amended Request for Proposals (RFP) for a Not-For-Profit Entity to Develop and Operate a Wildlife Rehabilitation/Hospital/Sanctuary at Indrio Savannahs Natural Area. COMMISSION ACTION: 'j(] APPROVED [] DENIED [ ] OTHER: 0t County Attomey:(X) ,¡ _ "'-i Mgt. & Budget: ' Purchasing Mgr. :(X) /-,2- Originating Dept: Other: Other: Finance: (Check for Copy only. if Applicable) Elf. 1/97 \.: "-. " z z z c: c: c: III i: i: i: .., Q. OJ OJ OJ III m m m 3 :;0 :;0 :;0 III 0 0 0 ::s "TI Q. "TI "TI In !;!:! OJ (") - is ° III .., 0 i: ¡, en 0 ~ 0 :;0 0 3 m (") z (") c: m m i: en <: m z m z 0 !;I -i en ::! 0 "TI Cñ Iii -i 0 ~ .~ OJ c: -i m 9 ..... U1 U1 .þ. ..... ::I:-f O:::tl OJm m» . enrn 0e: ~:::tI .0 m "TIO ro » rn < -f ~ m z ï 0 0 0 !: :::tI "T1 rn m :J: 0 rn "'C ~ .r - z 0 . O0"'C e:Oï -fze: ïrnrn -- Zoo mm-f 0:::tl:J: -»m -f:::tl-Eß ÕCi)~ zoo -00 m mo"'C mrnm 0 z»:::tI Ci)z-< -fom :J:<» m»:::tI rnï me: :::tI» <co -ï om m rn @ N .. to) o "'C 3: o "'C m z m o "'Co ::em .< mj:!] Zo <"'C $3: Om zz s:-f m» zz ~o ïO :::tI"'C mm rn~ O-f e:- :::tIO OZ mo rn"T1 » ::e ï c !: "T1 m :::tI m :J: » ~ ï ~ Õ Z - :J: o rn "'C ::¡ » ~ » z o -f e: » ~ 3: » :::tI o :J: ~ N o o N ....., ~ m e: ï ~ Õ z rn :J: m m -f m o » :::tI o ~rn 0;-4 Oï e:e: zo -f- -(m 00 00 :¡¡¡:e: 3:z Cñ~ rn Õ z m :::tI rn ~. o o N . o .þ. ... \..1 AGENDA REQUEST ~EM NO. C-3-E , DATE: May 7,2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): PURCHASING Michael Rath, Purchasing Director SUBJECT: Award of RFP No. 02-055, Historical Resource Survey BACKGROUND: On April 3, 2002, proposals were opened for a Historical Resource Survey for the Community Development Department. Four hundred ninety (490) potential respondents were notified, twenty-four (24) proposal documents were distributed and one (1) proposal was received. The Evaluation Committee met on April 22, 2002, to review the proposal. Based upon the proposal submitted, experience, past work assignments, publications and staff, the Committee unanimously recommends that the Board authorize staff to negotiate and enter into an agreement with Janus Research. FUNDS AVAILABLE: Funds are available in Planning, Community Development, Professional Services Account No. 102-1510-53100-100. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends award of RFP No. 02-055 for a Historical Resource Survey to Janus Research and authorization for staff to negotiate a contract and the Chairman to sign the contract as prepared by the County Attorney. COMMISSION ACTION: []I APPROVED [] DENIED [ ] OTHER: County Attorney (X) .' (..'h, t.~y , -. Mgt. & Budget (Xì Purchasing Mgr. :(Xì ") ,ti- ((., Originating Dept: Other: Other: Finance: (Check for Copy only, if Applicable) Elf, 1/97 / . '-' ~ ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS TABULATION SHEET - RFP #02-055 mSTORICAL RESOURCE SEURVEY ST, LUCIE COUNTY, FL CO~TYDEVELOPMENT OPENED: APRIL 3, 2002 @ 3:00 P.M. THE FOLLOWING VENDORS RESPONDED TO THE RFP: 1) JANUS RESEARCH NUMBER OF COMPANIES NOTIFIED*: 490 NUMBER OF BID DOCUMENTS DISTRIBUTED*: 24 NUMBER OF BIDS RECEIVED: I * PER DEMANDST AR.COM C:\MYFIU.S\BIDTAB.WPD . --..-....~-- -- ,----~-,.... ,"" ....._._~..__.._,. -.._~_.'^->.._'~. ... -,- '-" ....,¡ t MEMORANDUM DEPARTMENTOFCO~TYDEVELOPMENT TO: Michael Rath, Purchasing Director FROM: Diana Waite, Planner III \)c;::'·v..z- DATE: April 29, 2002 . SUBJECT: Selection Committee Meeting to select contractor for the Archaeological and Historical Conservancy, Inc., Technical Bid Proposal (#02-055) - Historical Resource, Survey, St. Lucie County On April 22, 2002, the Contractor Selection Committee met to discuss the bid received in response to the County's Request for Proposals (RFP) to conduct a Historical Resource Survey for unincorporated 8t. Lucie County. At that meeting the committee approved the selection of the contractor and recommended that negotiations be initiated. I understand the Board of County Commissioners will be requested to authorize staff to move forward with negotiations to complete the required tasks. Attached is a copy of the meeting minutes for your record. Thank: you for your help with this project. If you have any questions or need additional information, please let me know. Cc: County Administrator Community Development Director File '~_' .I ---! "- , .. -.'_! --0-." ; '; .. ~ ':-?;" " .. - ·...0 ~'-:) ........,~ \wt ....,¡ '. MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT TO: File FROM: Diana Waite, Planner III DATE: April 22, 2002 SUBJECT: Selection Committee Meeting to select contractor for the Archaeological and Historical Conservancy, Inc., Technical Bid Proposal (#02-055) - Historical Resource, Survey, St. Lucie County On April 22, 2002, Dennis Muprhy, David Kelly, and Jodi Rosier and I met to discuss the bid received in response to the County's Request for Proposals (RFP) to conduct a Historical Resource Survey for unincorporated St. Lucie County. Only one bid package was received. Based on Janus Research's experience, past work assignments, publications and staffMr. Kelly moved to approve the selection of Janus Research. Ms. Jody Rosier seconded the motion and the committee unanimously approved the motion. The meeting concluded with a recommendation that the Board of County Commission proceed to negotiate with Janus Research to prepare the historical survey. Ms. Ivan Jean provided comments and expressed her approval ofthe consultant via telephone. The meeting was adjourned. Cc; County Administrator Community Development Director File , '-' AGENDA REQUEST ~EM NO. C-3-F DATE: May 7,2002 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. 02-047, Oleander Avenue at DiGiorgi Road Culvert Replacement BACKGROUND: On March 27, 2002 bids were opened for Oleander Avenue at DiGiorgi Road Culvert Replacement. Seven hundred forty-two (742) vendors were notified, six (6) bid documents were distributed and five (5) bids were received. The Public Works Department has reviewed the bids received and recommends that the bid be awarded to the low bidder, Sunshine Land Design, Inc., in the amount of $101,176.99. Recommendation and tabulation attached. FUNDS AVAilABLE: Funds are available in Transportation Trust/local Option Culvert Replacement, Improvements OfT Buildings Account No. 101003-41131-563000-43020 and will be made available in Transportation Capital/Local Option Culvert Replacement, Soil Testing Account No. 316001- 41131-563009-43020 and Transportation Capital/local Option Culvert Replacement, Project Reserves Account No. 316001-41131-599330-43020. Funds in the amount of $13,094 will be replaced in the culvert project 41st & Avenue D in the 02/03 CIP. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends award of Bid No. 02-047 for Oleander Avenue at DiGiorgi Road Culvert Replacement to the low bidder, Sunshine Land Design, Inc., in the amount of $1 01,176.99 and authorization for the Chairman to sign the contract as prepared by the County Attorney. þtaff also recommends the re-allocation of funds from 41st street and avenue D culvert project. COMMISSION ACTION: E: [1Ç APPROVED [] DENIED [ ] OTHER: Änderson nty Administrator County Attomey.(X) (), - /~ I--- Mgt. & Budget (X) Purchasing Mgr.:(X) Other: "7 11-- f- Originating Dept:: Other: Finance: (Check for Copy only, if Applicable) Eff.1/97 ~ ""'" DIVISION OF ENGINEERING MEMORANDUM 02-117 ~) ~_.'') "::3 :-i :'-~ \,,-.- ::>~ From: Michael Rath - Purchasing Manager Michael Powley, P.E. - Capital Projects Engineer MVP Barbara Meinhardt - Department Revenue Coordinator?:R''^ - ~~ ~"_...",,,\ .- ...,....,1 To: . .- . ~ -- .. ';:;'" ¡., .- r- Via: \..11 C() Date: April 19, 2002 Subject: Award of Oleander Avenue @ DiGiorgio Road Culvert Replacement (02-047) This project will replace the existing deteriorated steel pipe culvert with reinforced concrete pipe and construct two concrete headwalls, as well as other miscellaneous roadway improvements. On March 27, 2002 bids for this project were opened in the Purchasing office. We have reviewed the five bids received. The low bid had a mathematical error but this did not affect the outcome. Based on our review of the bids, we recommend award of the contract to the low bidder, Sunshine Land Design, Inc. in the amount of $101,176.99. The following budget is established for the project: Construction: Testing: Reserves: TOTAL: $101,177.00 $ 5,000.00 $ 10.117.00 $116,294.00 Funds are available in Fund NO.1 01 003-41131-563000-43020 - Transportation Trust/Local Option Culvert Replacements - Improvement OfT Bldg and will be made available in 316001-41131-563009-43020 - Transportation Capital/Local Option Culvert Replacement- Soil Testing and 316001-41131-599330-43020 Transportation Capital/Local Option Culvert Replacement - Project Reserves. Funds in the amount of $13,094 will be replaced in the culvert project 41st & Avenue D in the 02/03 CIP. attachments: Bid Summary Spreadsheet Copy wi Attachment); Chester Belcher - Project Manager \.r ~ en ~..... 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'C ~~~a~~~a~~~~ ~~ ~~m:~ A. .. .. .. .. .. .. c u =>j¡: 8888888888888888~88888888 ~§§~~*~~~§§~8~§~~~~~~~~~~ -.-------.--~-- flit -....... a~~a~~~~~~~~ ~~ ~ .... .. 8888888888888888888888888 ;¡¡8§§~§~§§§§§§§i§§~~ªI~løi§ø · ~~2;g;w~;~~g5~W~¡wggm~gw""""w > _ .. w .. C c o · c .c o ., Q ~ .. Q 'C C CO Q Õ t - .. ë:~ =>.. ~~~~~~~~~iii~i§i~~~~~~~~~1 - . - . ~ . . . . . . ...,. . . ... ..,. .. fjI) vt -.". ;;;~:; :i;;~i~i~ :;~ ~ :~ 3 .. ,d 8888888888888g~~g~~~88888 ~g~g~~g~~~~&I~~§~~~~~äiæ~ ~~~~";;~~~~~~ ~~ ~~~;:; .. .. .. - .. 'E u =>j¡: 8888888888888~g~~~~~88888 2~d~SgQg~g~Qæ~~re~~~~g~ci~g ÕÕ~~~N~~~mMõ~~mw..~__mN~NM g~$~;;~tg~~~ø~; w ~MØMM ., .. .. AGENDA REQUEST ~EM NO. C-3-G DATE: May 7,2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): PURCHASING Michael Rath, Purchasinq Director SUBJECT: Amendment to Contract No. C02-02-311 with Dickerson Florida, Inc., for the supply of Coquina Rock for the New Fairgrounds. BACKGROUND: Dickerson Florida, Inc., has agreed to supply Coquina Rock for the New Fairgrounds project only at a cost of $3.50 per ton, which is below their standard rate of $4.25 per ton. It was originally estimated that the Fairground project would require up to $100,000 of Coquina Rock. It is now estimated, based upon the low elevation and clay content ofthe existing soils that this project will require up to an additional 140,000 tons ($50,000) of Coquina Rock to complete the project. FUNDS AVAILABLE: Funds are available in the New Fairgrounds, Capital Improvements, Improvements other than Buildings, Account No. 316-1930-563000-7655. PREVIOUS ACTION: On February 19, 2002 the Board approved Contract No. C02-02-311 with Dickerson Florida, Inc. RECOMMENDATION: Staff recommends that the Board of County Commissioner's approve the amendment to the contract with Dickerson Florida, Inc., for the supply of Coquina Rock for the New Fairgrounds for an amount not to exceed $150,000 and authorization for the Chairman to sign the amendment as prepared by the County Attorney COMMISSION ACTION: [..IAPPROVED [] DENIED [ ] OTHER: E: County Attorney: (X) ,/ì . / ¿_o-<.. Coordination/Signatures Mgt. & Budget (X) t@ IYrr'lb .'?' Purchasing Mgr.:(X) f~ ~-- Originating Dept: Other: Other: Finance: (Check for Copy only, jf Applicable) EIf.1/9? \w : > ~- "- ,'..." - '.~ '."-..~.. - , ' ~:) ~ , CONTRACT THIS CONTRACT, made this 19th day of February, 2002, between ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, hereinafter called the "County", and DICKERSON FLORIDA, INC., or his, its or their successors, executors, administrators, and assigns hereinafter called the "Contractor": WITNESSETH: 1. PURPOSE That Contractor agrees with County, for the consideration herein mentioned, at his, its or their own proper cost and expense to do all the Work and fumish all the materials, equipment, supplies, and labor necessary to carry out this Contract in the manner and to the full extent as set forth in the Contract Documents, and to the satisfaction of the duly authorized representatives of St. Lucie County, who shall have at all times full opportunity to inspect the materials to be fumished and the Work to be done under this Contract. 2. GENERAL DESCRIPTION OF WORK . It is agreed that the Work to be done under this Contract is the supply of Coquina Rock for the New Fairgrounds only. The County will pick up, transport, and deliver all Coquina Rock to the New Fairgrounds location. 3. PROJECT MANAGER The Project Manager for the County is Mike Bowers at (561) 462-2517. The Project Manager for the Contractor is Larry Heimer. Jr. at (561) 595-6204. The parties shall direct all matters arising in connection with the performance of this Contract, other than invoices and notices, to the attention of the Project Managers for attempted resolution or action. The Project Managers shall be responsible for overall resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Contract. 4. TERM The tenn of this contract shall be for a period of one (1) year and commence on the date first written above. 5. CONTRACT PAYMENT The County shall pay the Contractor for the performance of this Contract and completion of the project in accordance with the Contract Documents, subject to adjustment by change order, the amount in current funds being $3.50 per ton. The total amount of this contract shall not exceed $100,000.00. \w .....I . . 6. PUBLIC RECORDS The Contractor shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 11 g, Florida Statutes, and made or received by the Contractor in conjunction with this Contract. 7. CONTRACTOR RESPONSIBILITY The Contractor is an independent contractor and is not an employee or agent of the County. Nothing in this Contract shall be interpreted to establish any relationship other than that of an independent contractor, between the County and the Contractor, its employees, agents, subcontractors, or assigns, during or after the performance of this Contract. The Contractor shall take the whole responsibility for the means, methods, techniques, sequences, and production of the Work. The Contractor assumes all risk of loss, damage and destruction to all of his or its materials, tools appliances and property of every description and that of his or its subcontractors and of their respective employees or agents, and injury to or death of the Contractor, his or its employees, subcontractors or their respective employees or agents, including legal fees, court costs or other legal expenses, arising out of or in connection with the performance of this Contract. . The Contractor covenants and agrees at all times to save, hold, and keep harmless the County, its Officials, Employees, Agents, and Volunteers and indemnify the County, its Officials, Employees, Agents, and Volunteers against any and all claims, demands, penalties, judgments, court costs, attorney's fees, and liability of every kind and nature whatsoever arising out of or in any way connected or arising out of the performance of this Contract to the extent of the insurance requirements set out in this Contract. The Contractor hereby acknowledges that the payments made under this Contract include specific consideration for the indemnification provided herein. 8. DEFAULT: TERMINATION A. FOR CAUSE If either party fails to fulfill its obligations under this Contract in a timely and proper manner, the other party shall have the right to terminate this Contract by giving written notice of any deficiency and by allowing the party in default seven (7) calendar days to correct the deficiency. If the defaulting party fails to correct the deficiency within the seven calendar day period, this Contract shall terminate at the expiration of that time period. With regard to the Contractor, the following items shall be considered a default under this Contract: (1) If the Contractor should be adjudged bankrupt, or if he, or it, should make a general assignment for the benefit of his, or its, creditors, or if a receiver should be appointed on account of his, or its, insolvency. (2) If the Contractor should refuse or fail, except in cases for which an extension of time is provided, to supply enough properly skilled workmen or proper material to 2 '--' ...., \ meet the project schedule or if the Contractor should fail to make prompt payment for materials, or labor or other services entering into the Work. (3) If the Contractor disregards laws, ordinances, or the instructions of the Project Manager or otherwise be guilty of a substantial violation of the provisions of the Contract. (4) Fails to perform any of the terms of this Contract or performs work which fails to conform to the requirements of this Contract. In the event of termination, the County may take possession of the premises and all materials, tools, and appliances, thereon and finish the Work by whatever method it may deem expedient. In such cases, the Contractor shall only be entitled to receive payment for Work satisfactorily completed prior to the termination date. The County may take possession of and use any materials, plant, tools, equipment, and property of any kind furnished by Contractor to complete the Work. If the expense incurred by the County to finish the Work exceeds the unpaid balance on this Contract, the Contractor shall pay the difference to the County. The expense incurred by the County as herein provided, and the damage incurred through the Contractor's default, shall be certified by the Project Manager. B. WITHOUT CAUSE Either party may terminate the Contract without cause at any time upon thirty (30) calendar days prior written notice to the other party. In the event of termination, the County shall compensate the Contractor for all authorized work satisfactorily and responsibly completed through the termination date. 9. NON DISCRIMINATION Contractor covenants and agrees that Contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of the Contract with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex or physical handicaps (except where based on a bonafide occupational qualification); or because of marital status, race, color, religion, national origin or ancestry. 10. VERIFICATION OF EMPLOYMENT STATUS The County will not intentionally award contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions of the Immigration and Nationality Act C'INA"). The Count shall consider the employment by the Contractor of unauthorized aliens a violation of 8 U.S.C. Section 1324a(e) [Section 274A(e) of the INA]. The Contractor agrees that such violation by the Contractor shall be grounds for the unilateral cancellation of this Contract by the County. 11. ASSIGNMENT The County reserves the right to freely assign this Contract. The Contractor, however, shall not assign this Contract to any other persons or firm without first obtaining County's written approval. 3 "" ...., \ 12. ATTORNEYS' FEES AND COSTS In the event of any dispute concerning the terms and conditions of this Contract or in the event of any action by any party to this Contract to judicially interpret or enforce this Contract or any provision hereof, or in any dispute arising in any manner from this Contract, the prevailing party shall be entitled to recover its reasonable costs, fees and expenses, including but not limited to, witness fees, expert fees, consultant fees, attorney, paralegal and legal assistant fees, costs and expenses and other professional fees, costs and expenses, whether suit be brought or not, and whether any settlement shall be entered in any declaratory action, at trial or on appeal. 13. NOTICES All notices, requests, consents, and other communications required or permitted under this Contract shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: As To County: With A Copy To: St. Lucie County Administrator Administration Annex 2300 Virginia Avenue Ft. Pierce, FL 34982 St. Lucie County Attorney Administration Annex 2300 Virginia Avenue Ft. Pierce, FL 34982 As To Contractor: Dickerson Florida, Inc. P.O. Drawer 719 Stuart, FL 34995 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 14. NON-WAIVER The rights of the parties under this Contract shall be cumulative and the failure of either party to exercise properly any rights given hereunder shall not operate to forfeit any of the said rights. 15. CONFLICT OF INTEREST The Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Section 112.311, Florida Statutes (2001) and as may be amended from tirne to time. The Contractor further represents that no person having any interest shall be employed for said performance. 4 '-' ....,,1 . , The Contractor shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Contractor's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of Work that the Contractor may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Contractor. The County agrees to notify the Contractor of its opinion by certified mail within thirty (30) days of receipt of notification by the Contractor. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Contractor, the County shall so state in the notification and the Contractor shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Contractor under the terms of this Contract. 16. MEDIATION In the event of a dispute between the parties in connection with this Contract other than a question of fact to be resolved as described above, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding conceming the disputed issue. 17. INTERPRETATION: VENUE This Contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Contract may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Contract shall be interpreted as a whole unit and section headings are for convenience only. AU interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Contract, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the County has hereunto subscribed and the Contractor has affixed his, its, or their names, or name, and seal the date aforesaid. [THE NEXT PAGE IS THE SIGNATURE PAGE] 5 \., , ATJ'EST:- /""' '0' :y;J! "'1 r/. '.. . /I./í/. ,( /-. . //,¡'/þ'/ .~ . ,: .' .j t / '>'.-<_,¿:r _;,::,,--,1 '. "CLERK ' I ATTEST: Q~ SECRETARY Bernie Barrile ~ BOARD OF COUNTY COMM¡SSIONERS ST.LUCIECOUNTY,~A. ' BY: ~/ " V\Q.t, HAIR'"' N - BYof '¡ (Z~t, Q , P~DÈNT- PRINT NAME: Larry T, Dale 6 _ì ..., AGENDA REQUEST ITEM NO. ....,C, '-I A DATE: May 7. 2002 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: First Amendment to June 19. 2001 Consultant Agreement with FAU/FIU Joint Center - Port Master Plan BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board approve the First Amendment and authorize the Chairman to sign the First Amendment. COMMISSION ACTION: uglas Anderson County Administrator JC) APPROVED [ ] DENIED CJ OTHER: County Attorney: ~ Review and Approvals \§:';~:Ja;::~::r~ B~ Purchasing: Originating Dept. 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. 02-603 DATE: April 22, 2002 SUBJECT: First Amendment to June 19, 2001 Consultant Agreement with FAU/FIU Joint Center - Port Master Plan ----------------------------------------------------------------------------- ----------------------------------------------------------------------------- BACKGROUND: On June 19, 2001, the Board approved a Consultant Agreement with Florida Atlantic University to prepare a new master plan for the Port of Fort Pierce. The current Agreement will expire on June 19, 2002. Attached is a proposed First Amendment to the June 19, 2001 Agreement which, if adopted, would extend the term of the Agreement to December 31, 2002. The term extension will allow the Consultant to complete whatever work remains with the Department of Community Affairs review process and the County Comprehensive Plan amendments. There is no additional cost to the County. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the First Amendment and authorize the Chairman to sign the First Amendment. Daniel S. McInty County A ttorne DSM/ caf Attachment '-' ~ ~ FIRST AMENDMENT TO JUNE 19, 2001 CONSULTANT AGREEMENT (PORT MASTER PLAN) THIS FIRST AMENDMENT, is made and entered into this day of ,2002, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County" and FLORIDA ATLANTIC UNIVERSITY, acting for and on behalf of the Board of Regents, a public corporation of the State of Florida, hereinafter referred to as the "Consultant". WIT N E SSE T H: WHEREAS, the County and the Consultant entered into an Agreement on June 19,2001 wherein the Consultant agreed to prepare a new master plan for the Port of Fort Pierce; and, WHEREAS, the June 19 Agreement was scheduled to terminate on June 19, 2002; and, WHEREAS, the parties desire to extend the term of the Agreement to December 31, 2002 to allow the Consultant to complete whatever work remains with the Department of Community Affairs review process and the County's Comprehensive Plan amendments. NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties agree to amend the June 19,2001 Agreement as follows: 1. Paragraph 4 TIME OF PERFORMANCE is amended to read: The Consultant agrees to complete the tasks outlined in Exhibit "A" on or before December 31, 2002. G: \atty\agreemnt\F A U-FIU-IA -1- '-' ...,; \ 2. Except as amended herein, the remaining terms and conditions of the June 19, 2001 Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement in counterparts each of which shall be treated as an original upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: FLORIDA ATLANTIC UNIVERSITY (F AU/FIU JOINT CENTER FOR ENVIRONMENTAL & URBAN PROBLEMS) BY: Print Name: Title: G; \otty \ogreemnt \F A U-FIU-IA -2- '-' AGENDA REQUEST ~ ITEM NO. C-4b DATE: May 7, 2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): Countv Attornev Daniel McIntyre County Attorney SUBJECT: Christensen Road Right-or-way Donation East 30 feet of Lot 78 of White City, Plat Book 1, Page 23 BACKGROUND: On April 10, 2002, Carl Carlton, Jr. and Linda Carlton, his wife inquired as to whether the County would be interested in accepting a donation of the East 30 feet of Lot 78 for a right-of-way on Christensen Road. The property owners have executed a Warranty Deed to convey the right-of-way to St. Lucie County. The request has been routed to various Departments in the County without objection. FUNDS AVAILABLE: N/A PREVIOUS ACTION: None RECOMMENDATION: Staff recommends that the Board approve the donation, authorize the Chairman to sign Resolution 02-115 and direct staff to record the Warranty Deed in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: [~APPROVED [] DENIED [ ] OTHER: [X] County Attorney: J1 Review and Approvals [ ]Originating Dept: [x]Road and Bridge: [X]Engineerin9:~~' if applicable) ( ) Utilities [x] Public Works: ;f~ []Finance: (check for copy only, G:\ACQ\WP\Janet\Donation\Christensen Rd. Agenda.wpd \., SEE SHEET 24/325 t29Z.0J . .Q ~ V'. 38 S. i:47" _ r' ¡ , , I ~ , . " I I I , , I ü''\I'-' 8.02 Ac ---.::I:..~ .~ ----_J .. . . .. . ... _.'S '27,17 ... ... ,..; II .. ci :II ~ 1..38 Ac UJ.77 ':54.IJ , I I I I ..JL. r I I ¡ ("-'" .......:::. I' I I I I' I '.. I; 10; I I I I o ": 11 10.09Ac . - ~."'ð G@ : (O/2ß-/OOI/J I 2.18 Ac 04.~ I (0/28-3OO/.3J L 2.18 Ac Dt,Jo.J.YC_ ~~ ~ (O/2ß-2JOI5J 13&.87 2" J7'.ð7 (0/4.3-0/0/4) fOI4J-<J20I7J ... n t ,. 2" )7-4.87 CANAL 0:\11 1:1 "'" .~ I (0I28foo/OJ 2'96 Ac JII2.2' ~ , , I , ! (0129-00017) \._...' 2.51 Ac IM.O~ (O/2:9-{)IO/O) 2.50 Ac '9." -- (0/29-020/.11 --2-' ~7 Ac ...--- 19." ~.~ .. c II $ (0/2ß-400/4J 242 (0/29-0.30/61 2.00 Ac .".2 ~ c ~ :?J ... '" 7~ 9.11 Ac .., , . :! : ...:¡! (0/4,J-{)()()/ /) i ( 2.42 Ac , I , , '~.03:: ~&---'j &39.0J (0/4,J-{)4()1 JJ 2.59 Ac 1-- --- <JI.~ ... ,. " .; :e " (0/42-01017) .. !! '. \ ~ .__<. ..JL fOl4¡3-<J50/5J .:t' 1 . :!' ('~ I'· .. '8 A , t ~ '. .of.'" c . ....._. I , 039.2 ... .; " .~ .... ro.. .. (0/«7 -{)2015) 340.26 " .... - . .. 2.09 ..: ¡¡ Ac !J .. J09J C ;; '" "', ~ ...' (0/41-000/9) .;1 I@ 1~.S2 ~I ~ - ~ (0141-()4()//) 2.79 Ac -; '" . 1O.09Ac :: .. - . - 2.09 Ac .. J'O,27 .. " '~.\3 ... 'J,J.6J I f!5 ... ...1 '" m, .' ..... (0141 -<JID/ 2J ,.; I~ (0141J-/OOI7 J .., ..... ~I - .. I 2.2~c 3.07 lAc 1:>11.3' I .7 a,gn 2'0 . 210 .- _'. 2'1J 2~Uð J.,7 320 J29.o:> J~~.O:> (0/56-500/0) (0157-05017) I ~ (0159-000/6) ..I on . l06 Ac =\ .. ~ " I 1.47 Ac " ., , ... --- 01 5-000/5) (0/56-7 tOl56-600/I) J1II,~ ~ .., (0/6()-{)()()/5) I 221.~ I"l.., ~5 ..... ;;\ 94 Ac 2,95 Ac 2.96 Ac \~ ..... @@ (0157-000/2) ..,- . .. ¡;; : " I:: .. JJO . ::¡ (JJJ-{)()(}I-OOO/S) . ~ s:i ; (0/56-800/ J) 1 JJ 100 2JO I .. @~ ..-1 ~ fDt5HXXVJ} ¡¡ 't:'>4 8.25 Ac .. 2.09 Ac . 7 I ~ 2JO . Ii: ai (/ JJ -()()()2-OOO/5) ~ '" §~ I ., 8 . :10Q<X10/rv: ... .. J ~ 2,16 Ac -; ~ I .., O~ 2JC on \." "*'" ROBERT M. LLOYD ATTORNEY AT I..AW THE FORT PIERCE HOTEl.. BUII..DING 200 SOUTH INDIAN RIVER DRIVE. SUITE 301 F'ORT PIE:RCE:, F'LORIOA 34950 MAII..ING ADDRESS; P.O. BOX 12009 FORT PIERCE. FI.. 34979-2009 TEI..EPHONE (561) 461-21044 FAX (56 ) 461-6119 April 10, 2002 fõ) [U ŒU w~.·-@rn æJ¡ APR I I 20œ 1'~ I J PROPERTY ACQUISITION Janet Licausi Property Acquisition Agent 2300 Virginia Avenue Fort Pierce, FL 34982 RE: Right-of-way for Christensen Road East 30 feet of Lot 78 ofW1úte City, a Subdivision recorded in Plat Book 1, Page 23 of Public Records ofSt. Lucie County, Florida Dear Ms. Licausi: Enclosed is a conveyance of the referenced right-of-way by Warranty Deed from Carl Carlton, Jr. and Linda B. Carlton, his wife to the Board of County Commissioners of St. Lucie County, Florida. It is my understanding that you will obtain the required county resolution for the acceptance of the conveyance. In the meantime, I have ordered a title search and should be able to provide you with a Commitment for Title Insurance in the near future. With best regards. Very truly yours, /06~ Robert M. Lloyd RML/gam cc: Carl Carlton, Jr. \..' "'" 36S.-RNG. 40E. -HWEST QUADRANT UCIE COUNTY, FLORIDA o I MILES I 1/2 . 355 -RNG .1 I I 1 .k5~~ EOUUNO RADI<E ~&:11/Ø' ~ EVA:lT - P(TtR \~~¡ II 1::: ~OAHIEL '" ClJ,RA2.!.!.:.!.L.'-1 . ,;:;, ....,,. 1 LEPORE 11 iJ Ac. '::4 0 W.S ~.t-i 17.17 ..lJOITli -¡ I "~~ ~i.1 ~ DAOOS :. ~' O '.......N '" 'UlAN 2"-1/, (¡... CORP. tC < . VOl< ,;'¡n';' I( /1": = w CU£TIl£R I IŒiN '" PA1R'CJA~2_5>~~1f 1-:c!. 10.79 If¡ I ~ 7~. '[!!RID: ~fiftC\..~ ~-=-~ a.'UOE ~ '~j¡~~'l ¡¡j FLORIDA ~ THOMAS \ . <: S>o,n. .. ~ P~CN AI. 5 INVECOSATSOTRS S ZAYDON 502/3,\ 'i(¡ft; 'ì B~~L ~ ILiI.. I S 2431Ac, \ ~ ... \ g~g I- >t"~ 502-~~~5/S ~ .d ~~~ ... i - GO. r'~ -4i'1CHARLOTT<; ST. ... ""'ð"'¡;~~ '" '" ~'iI . . CI) I 348SAc.1 J,':~~~ ~~.. ..,.., ~\\' MDWAY AD CI) ~~U~ ~ .~ '//'REG'( //h//.., I t:g \ UL- ~"Z 8[H 476 -I ~ /J I Q.. __1 - ~ '- ;. r:~%~ 3.69 LJS.-'S u y~:.. (WERSON I -"-j r·':£;~o.:;~ S1. LUOE 'ì/ è'''''' ~, -...,,~~ ~ In' ~ ~,:. _ RlO1ARO _ ~ ~ ~ ~ ~ ""=I" T I WII,j I,¿: U~A.a...U." ,OUIS( COONIY ~/1= II 2nd g.1 ! k/I. '''., _ I 1 ~Ir.«p -13 ",01 '" ~ ~":".J..',3 'I! . ~ ,.... ~ RAN30W "'" '".. - :.. ANQt,DR. IU I I - / "." J .", SIDNEY & ....... f T' ""';\ ;, ~ PARRt:TT ¡g ~ v<.. . MIRIAM ~f~~ FLEETWOOO LN. - ÐÐEF 'It\ \,í ~~ '"i ~, ~ ~ ...l -.: '19 ~HUBERMAN¡;:D;;;'4 3.86 RIVER HA~O( LN. : ~ KNGSWOOO ~ FLOCIII 4 -<: ,-; ~/ ~ I... 0: Z 1-: ... :":;¡¡~ '-... LUCY LN. ~ Q:/ Ù:.: '~ :oJ; "'\05 . -~ ~ ~ ~ .L.. .;. ~ ;: = ~ "" ~::: ~ '-... I CANOE CREEK l.H. ~ DRFTWOOD LN. . ~ ~ ~ ~::z' - ~~Q ~ ,., "/,/ _ BUClŒY1 \. '" (/).-¡e ,<:J :::<~:=. ~ I I _ ,,~ \.. ,~// ~'îrz \ ~§ ~ ¡g 502-0200/9 3~ :æ¿. J J W;';;:5~7 r fI~:tt";;,~ I' NCI'WA"'. , '1 , II' c....P U ~ ~ ~ t 5S,82 Ac. 2:cÇ / . l I <11',\ '--- '.._ \'-J....... CAa..ICiH'1 u '-' o;¡~-:,.. 5J6'-. ,\ 7.77 I, "·~·,~,';rvo //////1' //~//~ cit.KE/éR"///;/'~/'////////~LEF/CT'l" DR. Å:" j, Pr-. _, J. :;; Ii; glo;~ )0": 5 .x- TÆOW fI' - \ I/¡ ,~........\ .... .~ ~ ~:::iÇ '""1 ~ - a: ~. I\. i'C./: .jAU(S & ~U. ~ ~ ~ . L-J , ~~ ã U I a ~ ~ . 3~rz~~I~gd~I.I~r PEITR PÎ\ \MALLARDlcT. ~ ð~ .a.c-.~ -..... ¡:.--A OAD AVE.;::;:;' ;;:: 16iõA' II PETRAIi1cE: )1 JOHN" :--1~~..,"""" ~ ., ,_ !'/.ARCH'E/~4', ~08l£ U"(OCRG(R ~~9 ':;¡'¡~ ~~ <C": · HENORY III~J¡/ 18.91 VICTOR 502-6/7W LYDIA ~ VD~ ~~~ ca<- ¿¡ , SCHOOL ~F J~ ROWE II 2.3.63 .o.c. ~ BALANZA ATLANTIC . ~ .. ""íÝ' A n.ANTIC " BOARD O~ I" 17 GULf" COMI.IUNITIES r--.~if~~ ~ GULF ~ Sf. Lucì'ij ~ ~t~~~~% 502-7/4- ~ .SI; CORP. .." COMM :r 87.S COUNTY-', 26,4Ac. .~ I< DENIS[ . <. GRACE RŒI'NSQN .<- r7' ~ CORP. t;" 24-68 Ac' II RO~ S01.=.§jl - EUSEBIO & ... . n 28.86 Ac. BENEu(R 10 10.53 ~9? i JOHE 00'0($ 073 I I 1'0'1' I I I I 1 I I I I .:~.,.,.. II IM=RRY BEE! . 1ii ¡.; ::2 :ð. ~ ...s:-- ~ in .., An.ANTIC . ~ ~ "Miñ<os :I::JLA D~ GULF . JOSE~ IH tC CO~I.I. SCI11JRRO ~ ~I CORP t ~ \8.65 C:J Ü'. AIlJ,NiI... ('uLf~. ~ P"RKlAt.[) BlVD. couu. C~.~ 7)~. I .- ..,. "?; ~..ß ~J~OI~J"ITE OAK L~ /SO.08 Ac ~~~7R?'~é.~Nfl II III \- /.. //;~~...~~/y/../'l.//.~ ). "......, CA."''''' c.R.. a. c-.. ~ / ¿ 4 ~/t.LB(RC7.7 "L".P8ERC /. If &~J, LlOyt) THLCA ~ SAEGER / ////·,{r(Á':/TÎt',g///, /////////////~ DA VIO de LLOYD IOiJ-0090-010/0 ;ULF COMMU~JlfrßS.~1 21l=..U1~ DEBBIE 1.l.W TAYLOR1~1 . 66.t.1 A.r. CORP V\\ 34.6.3 Ac.;;: TAYLOR 19.94 Ac rI ~~i I ~ LORIDA POwER ',~1' ~ F"LORIDA PO\'ÆR 113-0000-000/6 & LIGHT CO. - \\~// & LIGHT Co. V " ~ f 76.7 A-:.. 21l::.!l S ~ ("> ¡ ~3776Är. ~~.'" 113-0001-000/0~ ST. LUCI( ~L~_"V;. ,......~Avt:. r;,~g't. ((C~ "-P..('~ 52.45.o.c. ~ °8¿;~OQ M.4.NV~ ~ Çl ~ . r;; ~ . ~ ~ ;/ "'\(( O~ALD ~~6 , 20-715-6-J tr . GE-~,..ú) ,11 )';..~ .:,.. / · A TLANTlC ~ '; \~ ^ ~.RIIN 11.57 Ac. 11]6 Ac. I ~ ri CONSWER /;\1::. ~~ 't l¡¡¡7.5~. .' GULF" CO~~uNITIES ~ m-I/9J\"\.. DONALO 13.<1 ~ I : j OJ C&....ODORE 'TEA. 'FõXWOATH A VE. ¡..'1.~~_nc 0 CORP ~ 12.J2Ac. I. \\;\" MARTIN 21:3 . IX) ~o -"" .A- I,"""';' P(TtRI< W ClEN.!: ' .-..., .~ BLACK- · .- I..~ ,., .l.c.....æ,V" UND'" BURN UABEl I ... .Y\~ ""'" ~lRrA "'-u · 0 HAY5 mUCKlNC. 8lACK- II r;,v~ 61<61IB)E8N£R 9.18 INC. 9 BURN 9.' L c"';,;~~ ". ~~ WARIO '.6 ~ d PETER & CARlI()O EUŒ:NE I I 080Noo .; a: LINOA 8lAD:- <I< BEID u,~." ~ ; ~ HAY5 BURN SANOERS GR((N "'~'i:J 9.18·..·~ 9 c.". . 6 g¡ ~ '" 0 LARR:f.ooj !P1! ¡r ~ARY ...! n "RESCOTT j '" ðr ~.,~ ROt<OSA ~ ..., ú\J' AlD z 0 ~ ~¡.I Y ~ L rurC:lo4t'..::z::z..- 1009 S.&.R ..6 ~ ~ ë: - . . L WIC"'AY~~ (.BAUER "UfO! - J: - = iii,o.URC · S-B&A()( =" U M; 5 CHRIST. - t: J,"~~ ~ '-' INC_. ... I D SEE PAGE 38 , 88D 1320 1980 2640 (FEET J 1 I 5280 TWP - \;! o a:: '-' .,¡o 8..'" z· :J ~ Ø\ wI,,) , ðz ~'i Q: loW ;¡¡:: VI <0 u'" '" c.. I )RT LUCIE )0-000-000/5 206.27 Ac. 15.08 ~r ITIC F ¡I TIES P c:i c:: 8v~/-< sr CO(¡;ý ';.PCIi , J~" A n.ANTIC <~ GULF COMMUNI TIES < CORP. 311-0000-000/6 262.54- Ac. P.&...I 4.! ROGOuNO V.II '" c. ROWE .t a ,-,,-,,,, t ~ J11-~ 147.J7Ac Æ V -1' y ECHO 0000-0~O/ US Ac. A An.ANTlC GULF COMI.1UNITIES CORP " . )00-000/9 5.81 Ac, ;. . FLORIDA POWER & LIGHT COMPAN'( '- -..J THIS DOCUMENT PREPARED BY AND RETURN TO: ROBERT M. LLOYD, ATTORNEY AT LAW THE FORT PIERCE HOTEL BUILDING 200 S. INDIAN RIVER DRIVE, SUITE 301 FORT PIERCE, FLORIDA 34950 Courthouse Box '134 Pared ID Number: 3403-502 -0141-000/7 Granlee #1 TIN: Grantee #2 TIN: Warranty Deed This Indenture, Carl Carlton, Made this 8 ~day of Jr. and L~nda B. Apr~l Carlton, his w~fe , 2002 A.D.. Between of the CounEy of St. Lucie Slate of Florida Board of County Commissioners, St. Lucie County, Florida , grantor, and whose address is: 2300 Virginia Avenue, Fort Pierce, Florida 34982 of the County of St. Lucie Slate of Florida , grantee. Witnesseth rhat [he GRANTOR, for and in consideration orth~ sum of ------------------------TEN DOLLARS ($10) ----------------------- DOLLARS, and olher good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said GRANTEE and GRANTEI:'S heirs, successors and assigns forever, the following described land, situate, Iyìngand being in the County of St. Lucie State of Florida to wit The East 3D Feet of Lot 78 of White City, a Subdivision recorded in Plat Book 1, at Page 23 of the Public Records of St. Lucie County, Florida. Subject to restrictions, reservations, easements, and rights of way of records, if any, and taxes accru~ng subsequent to December 31, 2001. The aforesaid land is hereby conveyed to Grantee as a right-of-way for Chr~stensen Road and said land shall be used only for road right-of-way purposes and purposes normally associated with and consistent with road right-of-way purposes. By acceptance of delivery of this deed, Grantee agrees to be bound by the forego~ng restrictions on the use of sa~d land. and the gmotor docs hereby fully warrant the title to said land. and will defend the same against lawful claims of all persons whomsoever. In Witness Whereof, the grantor has hereunto set hand and seal the day and year first above written. Signed, sealed and delivered in our presence: ca(! Krrlf1¡), ~~~e;~LR:;¿ . Xv p ~(Seal) Linda B. Carlton P.O. Address: 4666 Christensen Road Fort Pierce., FL (Seal) ~J.~ Ca~01yn ·S.Lloyd , ~hc~ IG10ria McMillen W~tn.ss STATE OF Flor~da COUNTY OF St. Lucie ð 'HI.... The foregoing instrument was acknowledged before me Ihis day of April Carl Carlton, Jr. and Linda B. Carlton, his wife ,2002 by w~o is Den:nM I ~own to me or who bas produced GLORIA "- MCMillEN NOTARYPU8UC ~ STATE OF FL.OfUCA r-0"'·..~'Otf'CC8IIO:I75 ~S121112OO3 BONDED WRU AlA 1-w-HOTARY1 íL o. Ì71C )Jzn / Glor~a A. McMillen Notary Pub1~c My Commission Expires: 12/ 0., /03 CARLTON ,f l.-rG~edr.,.aDi~p¡~Sy$I-.lnc~ 1000 (163)761-SSSS FonqFl.W[)..! \. "" AGENDA REQUEST ITEM NO. (;:--lfC/ DATE: May 7, 2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attornev Daniel McIntyre County Attorney SUBJECT: Colonial Acres Property Donation Mulder Parcels - Lots 22 and 23 Tax ID# 1406-322-0008-000/4 & 1406-322-0009-000/1 BACKGROUND: On September 8,2001, the owner of the above-mentioned property inquired if the County would be interested in accepting this parcel as a donation. County staffs were asked to review the site to see if it could be of some value to the County. Community Development has requested the County accept this as a donation and would like this parcel to be included in environmentally sensitive land program. Attached for your review is the Warranty Deed and a location map. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board accept the Warranty Deed, authorize the Chairman to sign Resolution 02-124 and direct staff to record the documents in the Public Records of St .Lucie County, Florida. COMMISSION ACTION: [}C APPROVED [] DENIED r1 OTHER: [X] County Attorney, ~/ Review and Approvals [ ]Management & Budget, [ ] Public Works, [ Joriginating Dept, [ J Engineering, (X) Community Development []Finance,(check for copy only, if applicable) 'WI o I o I MILES I 1/2 seo 1320 1Q'ØO 2640 I FEET I \\)\ ~ ~ 0 - ~ Þ 4 ~. ?) w~ -¿, ~ N :: .. " .. .. ::: .. ~~ !5 Y ~I: z ~~ I'" "J i \I"!\t <,; ~h " "'~ò . ~ :¡ I;L~ ;~':.~I ~ f:£~ £~. ~i §~~ ~ 2: ~ ~ ,,, .,-" , . ~~ u '" -« en I~ ~I ~~ z If ui . .. 0: ~ ... ~ <2- ~ 16 5lC PORT & ÀIRPQR T AU THOR! TY SU: PORT '" Ä.IRPORT AUTHORITY' SlC PORT " AIRPORT AUTHORtTY ) § _?: o.~~~ u "-1 ~ ...:::. " « . SOUTHWEST .51...!.=.!.L1 :06.36 "c 411 /ð ~3]i"¡¡ JQ!W lö4,5J Ac o '9I~. rt¡)RID'" pl,r5 OUAORANT SEE PAGE 22 ?() 1 I 5280 INDIAN RIVER COUNTY 0: iI: BIG ... STARVATION COVE þP ... o Ñ .. " .. .. .. .. .. ... Z ... a:: Q C ::> o VI ~ ~ ¿, ... ~ ~ a:: o z TWP. 34S.-RNG. 4CE-: .~ &:~y~~ ( ( ...",,¡ C\~l\> '".~-;: .~ Œ-'I~ I/O q~a.-e ::,t( \ 0 ,\\0\. . '. fJU¡: SEP I 8 [:)!)I /' r~1a/1J-c1h.. PA¡1L/03- \. .-1 'I: .. ¡ ~-~Ó~~- L I . Ib¿'3 ~:~--'é; .j'SoT.:':" . COUN1Y ATTORN' . .A<2- -ffW"~'"" '0', I q 01 .... 1'"".. 0'.0 ..,' - __..-1 '--- -' , ' ~:-_ J ß. ~ C~ (J~jD'r¡j;;,ad:: ,;¿ 3 e-o V ~YU..t:L Ú2~...z .:::pt. P _.i.Ju-0c{-~) F'L -3 Lt q 5" tJ ~ ' 7;)a.-.h.d. ~ . ~. &-6-ckdcr )Óß~(\...= íYI1; ~ ~ 3 ~ d...MG-- he.. ~~ ~--=#;;J~ "r* ;; 3.. ¡.j.¿ ~~(L~~I~ 'J ~ jJ..k,. 1P r .~ ~ 1;ii- . ».~~ êJµt-~. ~~OM- -S~~ tdl'-~~. xM<t- ~ ~. 3~~~L5~~~ ~ cJ. '-f~.<.Jü ~. . : G) Œ ~ R n M~--==J . 9.. . - ~ .... ,., ~ J N I 'j~ "''' V" " ~~-a 6rï;cÆ. 3 p---'_-'p-. . - (g 10 -5 3 c¡ - 0 3 c2 c¡ --. '-' THIS YOUR PERSONAL INVESTMEN' ...., RACT IN COLON-IAL ACRES .... õ ,., ... '" '" N I 2 3 4 .... .....- 7 8 9 10 I: II 12 13 14 1:5 16 17 1/_- :lør.t II 18 I~ - -+. 1--. ~- ..- --f- i-. __ . - -- .~-,:~ "". . ["S.i --- T- .- -- - . -¡- - ,..... I, - 1--- --, 20 21 BS ~~f: ~ 24 25 26 27 28 29 I I 30 31 32 33 J.4 3:5 36 37 38 .~.: -:;: F.~-==:. I I I II :56_) 39 40 41 42 43 44 45 48 I I 49 I 46 47 50 :51 52 53 54 :5:5 - _. --.. - -- .- J I - 1-. __ . .- -. ~ _. - '- .- .- -- 'I --- .. - .... ¡- --I-- _. -- 747 57 5ð 59 60 61 62 63 64 65 66 I I 67 68 69 70 71 72 n ! I 75 76 77 78 79 I ¡SS ~I_) r 80 81 82 B3 B4 I B6 87 88 89 90 -- -- I--- 1-- - _. 1._ .- .- 1-- -_. - - r-- -_. -. -- .. ì I _. I-- - -7 92 93 94 95 96 97 98 \19 100 101 I /102 103 104 105 106 107 I 108 109 110 III III 113 114 115 116 117 I IIIB 119 IZO 121 IZ2 IZ~¡ / - I-- -- . -'- +- i- J L_ -- .- -- - II !:!~ 124 12:5 126 '127 128 129 130 131 132 133 I: 134 135 136 137 138 --¡¡ 139 140 0- I , II . 15~!oJ...L56 157 141 142 143 144 145 146 147 148 149 150 I 1151 152 "3 154 158 - I- -- '--. I-- - .-- -. - ...... __J L - - - t..;;, _ _ _ _. . __ -- - .-- - .- ¡-- ", ¡---. -- -- 172~03 - -- 159 160 161 162 163 164 165 166 167 168 I 1169 170 171 174 175 176 I i I ! 177 178 179 180 181 182 183 184 185 186 ! 1187 IB8 189ßYl90 191 192 193 194 _. - - -- - - II .- -- () ----- --'- -- .- -- .- --I- -- - . - ~ ---. ·'--11' -'i G -, r - r- .- 195 196 197 198 199 200 201 ·20Z 203 204 . 1205 206 207 "" 208/1 Z09 210 211 212 213 ; ! II I, II ~25Lh6J ' I i227 214 215 216 217 218 219 220 221 222 223 I '224 228 229 230 231 1---. .1- -'-- _ J I L . -'- ""- -- r-- - 1-. _-0 . - .. ..- . 24~ -lp:~-- .. -I r' . 'I 232 233 234 235 236 237 238 239 240 241 Ii 2441 ¡ 245 246 247 248 249 I 2591 L2~y<~ I: 250 251 252 253 254 255 256 257 258 262 2631 1264 265 266 267 2&8 -- I--- --.. _.J - Jl .--. .- -- -- f-- -- 27:¡ / 279 - ì r -- .- -- 269 270 271 272 273 274 275 276 277 280 281 I 1282 283 284 285 ZBB i N 26557fi - w E o ,., <D '" '" N 2662.20' S LOCATION MAP 8 SOUTHWEST QUARTER-SECTION. 6 D4-2i-ZO~:4Sill FrorCOlNUNITY LAND TITLE 5813373441 T-ISD ""'/DD3 F-ell This InstIUIntnl Prepared by aDd RotUm to: MODica L. Helmer CoIl'lmlmity Land Title Corporation 2400 S.E. Midport Road, Suire 214 Port St. Luoie, FL 349'2 01-03798 Propeny Appraiser. Parcel Identificalion (Folio) Numbers: 1406-322-0008-000/4 &r. 1406-322-0009-000/1 Warranty Deed SPACE ABOVE 'l1f1S IJNô FOR RECORDING DAT~ THIS WARRANTY DEED, mada and eJœCUled the ~d:4Y of ~ .2002 by Charlotte H. Mulder, whose poSt office addre.. is: 110 Fairvia" Avenue, Ea&l.~erein caUed the srantor, 10 St. Lucie County, a Political Subdivision of the State of Florida, whoae post office addre.. io: 1300 VìJ1:ÙÙ. Avenue, Fort Pi......, FL 34982, h....inafter called the Grantee; (WII"..Vff ~ lI",ì" r1ll l,nv "f'WIIO"" Illld "grønt"," tN;llMl, "II ~M ptZt'rtll ~ rlrll Î1WI'/lmlnl 4114 ,lull,."". Iqlll rql'fØMlØ#~ tUIIi llUigtu 0/ ;ndj"ldu(JIJ. and 1M SKCWOr 4nd tWiþJl 1)/ CDTpDraJiufU) WIT N E S S ¡¡; T H; That the grantor, for and in consideration of the sum ofTEN AND 001100'S (SIO.OO) DoUan and owr valuable CODSideratiOIU, receipt whereof is hereby a<:knowled~od, hereby grants, batgaim. seUs, aliens, remises, releases, convey! and coofums unto the gnnree all tfutt c.min IInd situate in SI. Lucie County, State ofFlorid:4, viz: Sea Exhibit" A ~ Subject to easemenl. re.rrictloas. .ad r..e....donl of record and to tox.. for the year ZOOZ oDd there.fter. The lond descnòed herein is nol the homestead propeny of the fþ1II1lor(s), nor is it contiguous tb.ereto; it i. in fact vacant, unimproved land. TOGETHER, with aU ¡he tenemellts, hcredi=r.s and appurt_os thereto belongina or in anywise oppertaioiog. TO HA Vi AND TO HOLD, the samo in fee simple forever. AM>, the gr.wor hereby covenants with said srantee that the gœntOn AIe lawfully .ei2:ed of said land in fee simple; thar the &BOlOts have good and lawful authority to 0011 IUId convey said land, and hereby WIIInOt the title 10 .aid land and will defend the same against the lawful claims of aU partie. whomsoever; and that saic! land Is ftee of aU encumbrances, except tax.. accruinS subsequent to o.,cemb... 31, 2001. IN WITNESS WHEREOF, the said gtOl1lOr ha.s signed and sealed these presents the day and yeAI £int above written. Si¡¡nod, sealed and delivered in the presence of. --....... By: ~H.~ Charlotte H. Mulder 110 F.irvh:w Avcn\lo, f!aølt:VitJe '^ 19403-1663 ~~s:~~ Printed Witness #2 STATEOF a... COtJNTYOF/'J1~_ The fore~oing instrument was acknowledged before me this ~ d:4y of /J ./'}1 , tJ Charlotte..H¡·~l!Ier,. who is personally known ro me Or who has prod.;;;71"'~ , . .... - .' tific.tion and who did nol take lID oath. " . 2002, by '.... . . S:.E ~ L ~.~. 4" :.. ...... -. 1'IÕt.,.,: Seal ..~therina A. Plis..,. Nclary Pub/I<: LowofP_. T..... Mon",,,,,,,,,1' County .~y CormIisolQn EJ<¡ j,... Aug. 9. 2003 ~·~r. ?ann&vrvanill A&soc:iaféon ar Nalllries '-" AGENDA REQUEST ~ ITEMNO. C-4d DATE: May 7, 2002 REGULAR [ J PUBLIC HEARING [ J CONSENT [XX J TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): Countv Attornev Daniel McIntyre County Attorney SUBJECT: Revocable License Agreement - Robert & Melanie Edwards 10307 Indian River Drive Right-of-Way BACKGROUND: Mr. & Mrs. Edwards own property on the east and the west side of Indian River Drive. They wish to install utilities to their dock on the east side of Indian River Drive therefore is requesting permission (Revocable License Agreement) to install a utility conduit underneath Indian River Drive. The County Engineering Dept. has reviewed and approved the location and the attached Revocable License Agreement. FUNDS AVAILABLE: NI A PREVIOUS ACTION: None RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement with Mr. and Mrs. Edwards, authorize the Chairman to execute the agreement and direct Mr. and Mrs. Edwards to record the document in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: ~ l~ APPROVED [] DENIED [ ] OTHER: [X] County Attorney: :}/ Review and Approvals [ ]Management & Budget: [X] Engineering: r¥' [ JOriginating Dept: ( ) Road & Bridge: '" ",,"0 ,o""~ []Finance: (check for copy only, if applicable) G:\ACQ\WP\Janet\Licenseagree\Edwards Agenda.wpd \...- o : o Sf! PiG! 55 I MILES I .':f!1" laa 1:120 ,88D 2640 I FEET J . I 5280 TWP. 36S.-RHG. 41E. : I~ ~ z <¡: ..; .. .. 0: ~ ... ...¡ o .. c: z ~ ..; co ... ":1 JI ... ~ ~ .~ 20 21 ~ ¿ ~ N ... o T.I.I.T.r !~ Y.u.T.r \ ~ '.\ 29 28 .. .. .. " -< .. .. '" .. J4' 4-501- 2701-000/5 160Ac. ---T- J"14-~DI=11Q1-000/6 160Àc. ·'....l"å·"....šý',·Cú'6'("......."'h. ,/,'///;//,0',: COUNTY SCHOOL T.u. T.r eOARD J'''-SOl-JOOJ/O 55.66 AC. ... z ~ a: Q ~ ~ a ~ ~ ~ 33 ~ ¿ ~ ... '" ~ w :: ... ~ o '" @1!t95.fLORIO.PL.HS SEE PAGE 72 TW;. 37S."RHG. 41E. ' , 56 '-' ""'" Robert W. Edwards 10307 S Indian River Drive Ft.Pierce, FI 34982 Property Acquisitions St.Lucie County 2300 Virginia Avenue 3rd Floor Annex Ft.Pierce,Fl 34982-5652 œf~~::: ~ ;00 , , l .---1 PROPERTY ACOUISiTiO"j Cc:Michael V. Powley ,P.E. St.Lucie County To whom it may concern, After speaking with Mr. Powley, I am writing this letter as the first step in applying for a permit to install two 4"pvc conduits under S Indian River Drive at the above location. The purpose of these conduits is to provide utilities for a proposed dock on the east side of S Indian River Drive.! have attached a reduced copy of the survey for the above property with the legal description, showing the proposed location of the conduits. It is my understanding that there are some preliminary things which your office must do before a permit can be issued. Please use this letter as notice to commence with the necessary procedures to facilitate the issuance of a permit. If there is anything else required from me or you need to contact me, please call me at 772-473-8335(ceU phone) during the day, or 772-873-4656(home) during the evening. J!;rel~ ;JJ- ¡1ft -.... / r' rJ~~ W \ r~ , \w ..." , .L ~.c. 1701<:J(){(){)fX)/BI .. "1': \. ----_____~L____~--~~------------------- ; :: ¡ S,W"""NAH - 15.:25 Ac: E \ LN\lD _ 22.12 Ac --I~----------------~-~~---------- I ~ -"- ! I:: \ " ì I " : \- I ----4 ----1' I I I \.L -3d 29 lD 32 ! ----- . SEE SHEET 35/29N 13529-233<1OO5'{)oo/41 -- I - , ~ -ì------ ,~--------------- I I I I I , I I I I I I I I . " ~~, 1701-000/-010/51 ~ 170I.{)OO2o()(1(J/91 - "'., PORT 51. LUCIE, ru. CTY : 1701-OOO5-OOO/OJ " ---------------~~----- lAND - 1,3.-42 "'c SoIIVÞIoINAH . .05 Ar::. ~ uo,:. : " ---------- --------~----------- " ì ITOI-OOOIHJOO//I ;:. 1T01-OOO7-OOO/41 10.5J AC :::1, -------------u~------ " SAVANNAH - 4.16 Ac LAND - IB.01 Aç " ~,., " -------------~----~~--- ------------- Ð '''''--_____...1 ------- , I I I -----12>'---..:.--t- I I I -___L___ ------ I I I 1T0HXJINXXJ/2J 16.25 At; .;.-1171>':'" --------- " " \. 1701-0015-000/31 --"- ---------~~------------------------- --------- "SAVAN"IIAH . ð.ð Ac :: r:l LAND - 11.27 Ac a " -, 14~ "".23 -- , I SEE SHEET 35/32N SUBOI'fIUC* -- PG. ... "AME ~ia. P5/~ '-' ....., This instrument prepared by: Janet LiCausi under the direction of Daniel S. McIntyre, County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this _ day of , 2002, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and Robert W. and Melanie S. Edwards of 1 0307 South Indian River Drive, Fort Pierce, FL 34982, (the "Owners"). WHEREAS, the Owner owns the property described as follows: LOCATION: 10307 SOUTH INDIANRNER DRNE All that part of Lot 2 of J.P. Heerman's Subdivision, lying East of Florida East Coast Railway, excepting therefrom right of way for Indian River Drive, and also excepting the following described property, to wit: Beginning at the intersection of North line of Lot 2, J.P. Heerman's Subdivision, and East right of way of Florida East Coast Railway, run East along said North line of Lot 2, 783.95 feet more or less, to the shore of Indian River, thence Southeasterly along the shore of Indian River 101.0feet, thence West parallel with the North line of said Lot 2 788 feet, more or less, to the East right of way of Florida East Coast Railway, thence Northwesterly along said East right of way 99. 13ftee to the Point of Beginning as per Plat Book 1, page 203, of the Public Records ofSt. Lucie County, Florida TAX LD. 3529-701-0004-000/3 WHEREAS, the Owners, desires to install electric and water service across South Indian River Drive within two (2) 4 inch PVC conduit pipes which encroaches the entire width of South Indian River Drive right-of-way. WHEREAS, the County is willing to permit the Owners to use South Indian River Drive right-of-way, to install and maintain a utility crossing subject to the terms and conditions set forth in this Revocable License Agreement. '-' "'" NOW, THEREFORE, in consideration ofthe mutual covenants set forth herein, the parties agree as follows: 1. The County agrees to grant the Owner a License Agreement for the purpose of providing electric and water (within two (2) 4 inch PVC conduit pipes) to his dock lying on the East side of South Indian River Drive as indicated in the attached sketch and incorporated herein as Exhibit "An. The utility crossing will encroach the entire width of South Indian River Drive right-of- way. This license shall extend only to the above-referenced utility crossing and shall not extend to the construction and/or installation of any additional structures or utilities. 2. The sole purpose of this License Agreement is to allow the Owners a means of providing utility service between their property on the West side of South Indian River Drive and their dock on the East side of South Indian River Drive. 3. Pursuant to the terms and conditions contained in this Agreement, the County authorizes the Owners to keep and maintain two (2) 4 inch PVC conduit pipes containing electric and water service under South Indian River Drive to adequately provide utility service between their property on the West and East side of South Indian River Drive. 4. The Owners are required to install the utility crossing in accordance with Standard Specifications for Public Works Construction in St. Lucie County, Florida, and FDOT Standards, together with a Maintenance of Traffic Plan for approval prior to construction and provide notice to the County Engineer with a schedule for construction. 5. This License Agreement shall be binding on future successors and assignees of the Owners provided that Owners gives adequate notice to the County pursuant to Paragraph Twelve (12) of this Agreement. 6. The County shall have the right, at the sole discretion of the County Engineer, to terminate this Agreement with or without cause and require removal of the encroachment at the ~ -.J Owner's sole expense upon ninety (90) days written notice to the Owner. The County Engineer may, in lieu oftemlination, request that the Owners perform certain alterations to the utility service (2-4 inch PVC conduit pipes containing electric and water) to the dock lying on the East side of South Indian River Drive at the Owner's sole expense. However, if such alteration is not performed to the satisfaction ofthe County Engineer, the County shall be entitled to exercise its right to terminate this Agreement. 7. Upon the abandonment of the installation of the utility improvements, the expiration ofthis License Agreement, or the revocation ofthis License Agreement, whichever occurs first, the Owners shall be responsible for the removal or plugging of the abandoned utility as directed by the County Engineer, consistent with the specifications of the County in force at such time. 8. The term ofthis License Agreement shall begin on the date first above written and shall remain in affect unless otherwise revoked or abandoned as provided herein. 9. Owners agrees to relocate the referenced improvements, at any time and at no cost to the County, ifnecessary for the maintenance or improvements of South Indian River Drive by the County. 10. The utility service (two (2)- 4 inch PVC conduit pipes containing electric and water) to the dock lying on the East side of South Indian River Drive shall be constructed in accordance with all applicable building codes and permitting regulations ofthe County and shall be maintained solely at the expense ofthe Owners. Any maintenance activity will be subj ect to the written approval ofthe County Engineer. 11. The Owners agrees to allow County employees access to the location of the utility service crossing (two (2)- 4 inch PVC conduit pipes containing electric and water) for County purposes as determined by the County Engineer. 12. All notices, request and other communications dealing directly or indirectly with this ~ ...." license shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, address to: As to County: With Copies to: County Engineer Engineering Division 2300 Virginia Avenue, 2nd Floor Fort Pierce, FL 34982 County Attorney 2300 Virginia Avenue, 3rd Floor Fort Pierce, FL 34982 As to Owner: Robert W. and Melanie S. Edwards 10307 South Indian River Drive Fort Pierce, FL 34982-7761 or to such other address as any party may designate by notice complying with the terms of this section. Each such notice shall be deemed delivered (a) on the date delivered ifbypersonal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 13. The Owners shall indemnify and hold the County harmless from and against all claims, liability, demands, damages, expenses, fees, fines penalties, suits, proceedings, actions and costs of actions, including reasonable attorneys fees of any kind or nature arising or in any way connected with the use, occupation, management, or control ofthe above property by County or its' agents, servants, employees, patrons, or invitees, or resulting in injury to persons or property, or loss oflife or property of any kind or nature whatsoever, sustained during Owner's use ofthe property. 14. The Owners shall promptly record this Revocable License Agreement in the Official Records ofSt. Lucie County, Florida. The Owners shall pay any document excise taxes and the cost of recording this Revocable License Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first written. ~ ...., ATTEST: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DEPUTY CLERK BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESS: ROBERT W. EDWARDS Witness (print name) Witness (print name) MELANIE S. EDWARDS Witness (print name) STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this _ day of 2002, by ROBERT W. EDWARDS AND MELANIE S. EDWARDS who produced (type of identification) and who did take an oath. WITNESS my hand and official seal, this _ day of , A.D., 2002. Signature of Notary Public G:\ACQ\ WPV anetILicenseagreelEdwards LicenseAgreement. wpd Name of Notary Public Typed, Printed or Stamped ...." I'l'EM í:W, (!.--~ AGENDA REQUEST DATE: HOle! '1,. ar.f\ REGULAR [ ] PUBLIC HEARING [ ] CONSENT [xx] TO: BOARD OF COUNTY CO~~ISSIONERS PRESENTED BY: Susan Kilmer SUBMITTED BY (DEFT): Library SUBJECT: SIRSI Software Maintenance Contract BA.CKGROUND: SIRSI has provided sotware maintenance support for the Library's -Unicorn software since the original purchase of the product in 1991. :?UNDS AVAIL. 001-7110-534110-700 Software Support ?REVIQUS_J~CTION: Board of County Commission have approved renewal of software support maintenance agreement annually since 1992. 1i~C01'n,mNü~1'ION: Staff recommends that the contract in the amount of $20;919 be approved and authorize the County Administrator to sign the purchasing requisition. "x ~ ~-~ ]:~P?HOVED or11HE:R-: DENIED ;:01i!Il~STOl'; AC']Z,ION: Jr,. ,/ ",-....... ,. -.,............- '," XX__·_dt., r-."~~.;o", .__~__. - .., . -<, /.).// XX,..:::l.--;::-.a"'::t,g ,-I'~!·¡T:. ~_____ Review and Æ8orovãls Mg~. & 'I5UOf·gCr": ~XXtlé,"hoo:il'~.r':-- /vi2- XXO~hr'é: nom ~ c" '. _________...___.____._ :-ir-,::.:"'.c,): (Che:;·: ~2= cc;;y only, if :;,¡,:';:lica~l(,i ~ ""'" MEMORANDUM ST, LUCIE COUNTY LmRARY TO: Board of County Commissioners Susan Kilmer, Library Director )tké£/U(jJ{:t~{.i.~) FROM: DATE: April 9, 2002 SUBJECT: SIRSI Maintenance Support Contract - Renewal ************************************************************************ Software maintenance support has been provided by SIRSI as a proprietary vendor since 1991 when the product was first purchased and installed for the Library Department. The software maintenance is essential to the continuing function and upgrade of the Library's online system. Staff forward system problems to the SIRSI helpdesk by email, problems are corrected in a timely manner. The Helpdesk staff is just a phone call away for system emergencies or advice on how to generate new reports and configure new system parameters, as they are needed. SIRSI software maintenance also provides for the periodic upgrading of the online system to the most recent releases with interim fixes as needed. The following software modules are covered by the Maintenance agreement: Bibliographic and inventory control; authority control; enhanced public access; circulation control; Acquisitions management; multi-user gateway; electronic mail; bibliographic import; Bibliofile interface; unlimited infoview for DOSrr erminals; request module; WebCat Wodd Wide Web Catalog; WorkFlow for Windows. The alternative to the yearly maintenance agreement is to pay SIRSI technicians a high hourly rate for each request; upgrades would have to be purchased individually with additional charges for the SIRSI technicians to implement that update. SIRSI is a proprietary vendor for this software maintenance contract. As with any online system product, access to the software and its inner workings is reserved to the vendor and not shared with the customer. Library and Information Technology staff are only permitted the functions of system administration. Information Technology staff rely heavily on the help ofSIRSl's technicians to correct any system problems. '-'" "'" INTER-OFFICE MEMORANDUM COUNTY ATfORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA APR 1 7 2002 . yDL~Ll~~~~-.j L_~ TO: SusEln Kilmer, LibrElry Director FROM: KEltherine MElckenzie-Smith, Assistant County Attorney C.A. NO: 02-558 V"J' DATE: April 15, 2002 SUBJECT: SIRSI MainteMnce Agreement Pursuant to your request, [ hElve reviewed and approve the attached contract for form and correctness. Please hElve the vendor sign the agr'eement and agenda for bOElrd approval. Thank you. KMS/cb Enc. H\KMS-con-:'r1mo#2.wpd FROM '. SIRSI \w' 51'151 PHONE NO. 2567047007 101 Washinqton Stroet SE Hunls~ille. AL 3580 1·4827 Federal Tax ID 1/63-1233771 PhonC/o (266) 70~ ,7000 FAX: (258) 704-7007 Send Payments To: SIRSI Cot' )Oration PO Bo~ 2153 Cop3rtrnonl 3331 Birmingham. AL 315287-3331 -I I I , ~b. 15 2002 03:54PM Pi QUOTA TIONS I I DATE TIII~ 1,16ð" .11'''" 1H:;ltllClloac,. 2/lli02 Qt!NTQOOOQ6~4 1 PAGE: BILL TO: St, Lucie County Finance Deœrtment 101 Kelodv Lane Fort pierce FL 34950-4402 SHIP TO: St. 1~cie county Infoœtioo Ted/Ed Weffier 101 Me100v Lane Fort pierce FL 34950-4402 LOO S"~-PlJ year AI:nual Software Mðintenanee Maintenance Effective period: Auqust 1, 2002 - July 31, 2003 MA6TER NWNl8eFl ,:J7i J cV ..'/h,a1"lft: J(l(.l Subtotal Mise Tax Freiqht Trade DicCOU!lt .., m,91UO !Q,QC $O.OC SUO SO.OO RIiN~\'IAL MUST BE R:'C3IVEJ BEFOR! THE RENEW DATE. FROM :. SIRSI ~ PHONE NO. 2567ø47Øø7 ·eb. 15 2Øø2 Ø3:55PM P3 ...", SCMI!;D'!JLl; "A" SOFTWARE MAINTE~CE AGREEMENT b..tween SIRSI CORPORATION and. ST. LUCI~ COUNTY Installation Date: wuly 22, 1991 Maintan..nce effectiv___: J\1I"111':j- 1, 700:> - .ml y 31. 2003 Software Modules (III) Annual Fee B1Þl1ographic and Inventory concrol AUthority Control EII!.ð.I'1<::....;¡ Public Acce"" Circulation Cont~ol Ac~i9itions ManAq___ment MUlti-User Gateway Electron;i.c Mail Sibliographic Import Bibliofile Interfac~ unlimited InfoView to~ DOS/T~~na~s $ 4,196.00 975.00 1,013.00 2,006.00 2,006.00 1,013.00 1Ei7.00 NC MC 1,6l0.00 Aùù",ù 12110/~4 R@quest Module 510.00 Added 04/27/98 WebCat world Wide Web Catalog 4,100.00 Added 09/29/519 (51) WorkFlow for windows (Upqrades) 3,111.00 --------- $: ::lO,919.00 ~======== * Your prcjected maintenance quote for the coverage effective: August 1. 2003 - JulV 31, 2004 will not e~oaed $ 23,011.00. This is based upon ~he $oftware modules which you c~rrently have l~cœnsed. The estimated 2nd year ann~al ~intenance fees for the OutReach Services Module is $ 1,012.00. The estimated 2nd year annual maintenance fees for the IBistro Module is ~ 2,Z10.00, FROM SIRS! \w~ PHŒE NO. 2567047007 ~b. 15 2002 03:54PM P2 GENERAL TERMS AND CONDITIONS OF OFFER REl'"EW AL PROCF.m IRF.S To renew these maintenance ser.lces in accordance with SIRSI Corporation's Service Agreements, send blue rt:Ut1wal accçptance copy of quotation with s check to: S!RSI Corporat.ion at P.O, Box 2153, Department 3331, Birmingham, Al 35287-3331, or send a written order or purchase order [0: SIRSI Corporation at 101 Washington Street, SE, Huntsville, AI 35801-4827. All re.ncwa15 must be recejved by SIRSI. before the renewal date, to prevent an interruption of service. In the event that admini¡trative problems lU'e (':xpp,ril.':nced, SIRSI will accept a written notice of intention to renew and ex.tend [he maintenance services for 30 days beyond the renewal date. For your convenience a copy uf t.hi~ quote may be ~jgned below and returned to SIRSl as your "Notice of Intent to Renew". If a "Notice of In[~nt to Renew" is received a Purchase order or payment must be received not more than 30 days beyond the renewal date. EXPIRATION POLlCY Upvu ~"l'ifatlon of this maintenance ugrocment, SIRSl's policy is to withhold telephone support. upgrades and any enhancements until a valid purchase order or check is received for all maintenance fees. REINSTATEMENT POUCY If 0. site is placed on Maintenance Hold. it is SlRsr~ policy tn charge a reinstatement fee for each calendar month or portion thereof while the maintenance is suspended. MAINTENANCE QUOTIt MODIFICATION POLlCY In accordance with the tenns of the on ginal contract, a thirty (30) days pnor wri tten noti.:e Is require.d if you chonl:t'! tn cancel all or part of this maíntenance agreement. Any additions or deletions to this quote must be received by SIRS! in writing not less than thirty (30) days prior to t.1~ Itmewal date. Qucstion Qr conoerns pC!rtaining to thjs quote should be dire.cted to thp. Maintenance Coordinator. PRICING AND PA YMENT POLICY Pricing is based on payment made annually in advance and contains a 20% discount if purchase order or payment is received before the renewal date. M~intc1'\ance Fees paid quartedy in arrears must include an additional fee of 15% or monthly in arrears, an additional 20% fee. ----------------~_..------_.--------_.-----------_.-------------...-------------_._~--------------". .---- ----- By signing below, I accept the terms and conditions of the SLRSI Corporation Maintenance Agreements and wish to renew this quotation as written. 1 am hereby notifying SIRSI corporation of my intention to renew and acccpt SIRSI's offer to extend maintenance services for 30 days beyond the renewal date. Signature: Date: Print or type Name: Title: 'w .....1 "" AGENDA REQUEST ITEM NO. C-6-A DATE: May 7,2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] PRESENTED BY: St Lucie County INTERNATIONAL AIRA on· Flórida's rrèasure Coast TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Airport Paul A. Phillips SUBJECT: Accept the Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA), and authorize the Chairman to execute the JPA and resolution 02-122 authorizing the Chairman to sign the agreement, for the preparation of the Part 150 Noise Study Update at St. Lucie County International Airport. This JPA provides for $7,900 of the $158,000 necessary for the project. This is a 5% matching fund JP A with the Florida Department of Transportation. BACKGROUND: On March 28,2000, the Board approved the submittal of the St. Lucie County International Airport Joint Automated Capitallmprovement Program to the Florida Department of Transportation (FDOT) and the Federal Aviation Administration (FAA). One of the projects submitted for consideration for future year's funding from the agencies was an update to the 1993 Part 150 Noise Study. This project consists ofa technical evaluation of the existing and projected noise conditions at the Airport and provides remedies to those conditions. This is the FDOT and commitment ofthe local share to the project. As of this date, the Federal Aviation Administration (FAA) has not made any firm commitments about the availability of the $150,000 of federal funds for this project. FUNDS AVAILABLE IN ACCT#: Matching funds of $7,900 are available in the Airport Project Reserve account (140-9910-599330-800). PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board accept the Florida Department of Transportation (FDOT) Joint Participation Agreement (JP A), and authorize the Chairman to execute the JP A and resolution 02-122 authorizing the Chairman to sign the agreement, for the preparation of the Part 150 Noise Study Update at St. Lucie County International Airport. This IP A provides for $7,900 of the $158,000 necessary for the project. This is a 5% matching fund JPA with the Florida Department of Transportation. COMMISSION ACTION: ~PROVED [ ]DENIED [ ]OTHER: -ì . Reviews & ADDrovals -: '1 y c:w Co~ty ~ttorney: ,¡ II 'I.. OMB1 v1ìIj/h urchasing Ongmatmg Dep . II. . " Other: Other: Finance:(Check fì Copy only, if applicable) '-' .-.." RESOLUTION NO. 02-122 A RESOLUTION ACCEPTING THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT (FIN. PROJ. NO. 411314-1-94-01) FOR THE PREPARATION OF A PART 150 NOISE STUDY UPDATE AT THE ST. LUCIE COUNTY INTERNATIONAL AIRPORT AND AUTHORIZING THE CHAIRPERSON TO EXECUTE THE AGREEMENT AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENT BY APPROVING IT AS TO FORM AND CORRECTNESS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following detenninations: 1. The Florida Department of Transportation has awarded the County funding for the preparation of a Part 150 Noise Study Update at the St. Lucie County International Airport (Fin. Proj. No. 411314-1-94-01). 2. The Board should authorize and approve execution of the Public Transportation Joint Participation Agreement with the State of Florida Department of Public Transportation for the above-referenced project. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board hereby accepts and approves the Public Transportation Joint Participation Agreement with the State of Florida (Fin. Proj. No. 411314-1-94-01) to provide funding for the preparation of a Part 150 Noise Study Update at the St. Lucie County International Airport. 2. The Board hereby authorizes the Chairperson to execute the above-referenced agreement and further authorizes the County Attorney to execute the agreement by approving it as to fonn and correctness. After motion and second, the vote on this resolution was as follows: Chainnan Doug Coward Vice-Chainnan Cliff Barnes Commissioner Frannie Hutchinson Commissioner Paula A. Lewis Commissioner John D. Bruhn 1 '-' """" PASSED AND DULY ADOPTED this 7th day of May, 2002. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRPERSON APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY 2 '-' -....I FORM 725-Q30-06 PUBLIC TRANSP ADMIN 07101 Page 1 of 12 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORT A TION JOINT PARTICIPATION AGREEMENT FINANCIAL PROJECT NO.: Fund: DS FLAIR Approp: 088719 411314-1-94-01 FLAIR Obj.: 750004 (Item-segment-phase-sequence) Function: 637 Org. Code: 55042010428 Contract No: Federal No: Vendor No: VF 596000835030 Catalog of Federal Domestic Assistance Number: Catalog of State Financial Assistance Number: 55004 THIS AGREEMENT, made and entered into this day of, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and S1. Lucie County Board of County Commissioners hereinafter referred to as the AGENCY. WIT N ESE T H: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 332.006 (6), Florida Statutes, to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to conduct Part 150 Study. and as further described in Exhibit(s) A B & C attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the tenns and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. \..- "'-' FORM 725-030-06 PUBLIC TRANSP ADMIN 07/01 Page 2 of 12 2.00 Accomplishment of the Project 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, pennit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or cany out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. 3.00 Project Cost: The total estimated cost of the project is $ 158.000.00 . This amount is based upon the estimate summarized in Exhibit "8" attached hereto and by this reference made a part hereof. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $ 7.900.00 as detailed in Exhibit "8", or in an amount equal to the percentage(s) of total project cost shown in Exhibit "8", whichever is less. 4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective date of this Agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; (b) Availability of funds as stated in paragraph 17.00 of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & 8) at the time appropriation authority becomes available. 4.20 Front End Funding: Front end funding fi&His not) applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retainage: Retainage ~ (is not) applicable. If applicable, N/A percent of the Departmenfs total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Departmenfs discretion, on or before the completion of the final project audit. 6.00 Project Budget and Payment Provisions: 6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carty out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in paragraph 4.00 of this Agreement and is approved by the Department Comptroller. '-' ....-I F DRM 725-030-06 PUBLIC TRANSP ADMIN 07/01 Page 3 01 12 6.20 Payment Provisions: Unless otherwise allowed under paragraph 4.20, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the ·project account". Documentation of the project account shall be made available to the Department upon request any time during the period of the Agreement and for three years after final payment is made. . 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the project, which Department payments and other funds are herein collectively referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or as approved by the Department. 7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7.40 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by property executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item v.t1ich is or will be chargeable against the project account will be drawn only in accordance with a property signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearty identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 7,60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department, including but not limited to site visits and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period off three years from the date the audit report is issued, and shall allow the Department access to such records and working papers upon request. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. 7.61 Federal Audit In the event the Agency expends a total of $300,000 or more in Federal awards in its fiscal year, the Agency must have a single or program-specific audit conducted in accordance with the provisions or OMS Circular A-133. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding Federal Agency. If the Agency expends less than $300,000, this audit is not required and if the Agency elects to have an audit conducted in accordance with the provisions of OMS Circular A-133, the cost of the audit must be paid from non-Federal funds. ~ ..." FORM 72!HJ3Q.06 PUBLIC TRANSP AOMIN 07/01 Page ~ of 12 The Agency agrees to allow the Department or an independent auditor of the Department. the State Comptroller, and the Auditor General access to the Agency's records and financial statements as may be necessary for complying with the requirements of 31 U.S.C. 7501 et seq. Pursuant to OMB circular A-133, Section .320(d), the Agency shall provide a copy of the reporting package and any management letters to the Department, or copies of auditor reports for audits conducted in accordance with OMB Circular A-133, to the Department and to: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 7.62 State Audit In the event that the Agency expends a total of $300,000 or more in State awards in its fiscal year, the Agency must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes and the applicable rules of the Executive Office of the Governor, the State Comptroller, and the Auditor General. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State agency. If the Agency expends less than $300,000, this audit is not required and if the Agency elects to have an audit conducted in accordance with the provisions of Section 215.97, Rorida Statutes, the cost of the audit must be paid from non-State funds. The Agency agrees to allow the Department, the State Comptroller, and the Auditor General. In detennining the State awards expended in its fiscal year, the agency shall consider all sources of State awards except State awards except State awards received for Federal program matching requirements shall be excluded from consideration. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State agency. If the Agency expends less than $300,000, this audit is not required and if the Agency elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida StaMes, the cost of the audit must be paid from non-State funds. The Agency agrees to allow the Department, the State comptroller, and the Auditor General access to records and independent auditor's working papers, as necessary for complying with the requirements of Section 215.97, Florida Statutes. The Agency shall provide annual financial reporting package of audits prepared in accordance with Section 215.97, Florida Statutes, and applicable Rules of the Auditor General to the Department and to: State of Florida Auditor General Room 564, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 7.63 Other Requirements: If an audit discloses any significant audit findings relating to any award, including material noncompliance with individual project compliance requirements or reportable conditions in intemal controls of the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans. 7.70 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section with an Exhibit ·C". '- \wII FORM 725-03G-06 PUBLIC TRANSP ADMIN 07/01 Page 5 0112 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department ofTransportation, District Four, Public Transportation Office 3400 W. Commercial Blvd. Ft. Lauderdale, Florida, 33309 its requisition on a form or forms prescribed by the Department, and other data pertaining to the project account (as defined in paragraph 7.10 hereof) to justify and support the payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, Florida Statutes. 8.13 For real property acquired, submit; (1) the date the Agency acquired the real property, (2) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. (3) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Departments Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 8.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs. 8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in wñting by the Department. '- .....1 FORM 725-030-06 PUBLIC TRANSP ADMIN 07/01 Page 6 of 12 8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 9.00 T ennination or Suspension of Project 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in paragraphs 8.21 to 8.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Tennination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to cany out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statementofthe project activities and contracts, and other undertakings the cost of which are othelwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency orthe closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes and made or received in conjunction with this Agreement. 10.00 Remission of Project Account Upon Completion of Project Upon completion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. '- ....." FORM 72>030-06 PUBLIC TRANSP ADMIN 07/01 Page 70112 12.20 Compliance with Consultants' Competitive Negotiation Act: It is under.>tood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, Florida Statutes, Consultants Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attomey shall certify to the Department that selection has been accomplished in compliance with the Consultant's Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 26, as amended, apply to this Agreement. 12.32 DBE Obligation: The Agency and its contractor.> agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients, and contractor.> shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractor.> shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the canying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractor.> to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 Title VI- Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (78 Statute 252), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pur.>uant thereto. 13.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42 USC 3601,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national origin, religion, sex, disability and familial status. 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA, the regulations of the federal government issued thereunder, and the assurance by the Agency pur.>uant thereto. '- ..." FORM 725-030-06 PUBLIC TRANSP ADMIN 07/01 Page8a112 13.50 Prohibited Interests: Neither the Agency nor any of its contractors ortheir subcontractors shall enter into any contract, subcontract, or arrangement in connection with the project or any property included or planned to be included in the project, in which any member, officer, or employee of the Agency during his tenure or for t'M:> years thereafter has any interest, direct or indirect. If any such present or fonner member, officer, or employee involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency with prior approval of the Department, may waive the prohibition contained in this subsection: Provided, that any such present member, officer or employee shall not participate in any action by the Agency relating to such contract, subcontract, or arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer, or employee of the Agency during his tenure or for t'M:> years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Govemmental agency. 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be camed out in conformance with all applicable environmental regulations including the securing of any applicable pennits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable pennits, and will reimburse the Department for any loss incurred in connection therewith. 14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid. the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to confonn to the tenns and requirements of applicable law. 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perfonn any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 14.70 Use and Maintenance of Project Facilities and Equipment The Agency agrees that-the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as detennined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good \/YOrking order for the useful life of said facilities or equipment. ..... ....", FORM 725-Q30-06 PUBLIC TRANSP ADMIN 07/01 Page 9 a/12 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the tenns of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be detennined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold hannless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees during the perfonnance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the perfonnance of the Agreement. The parties recognize and accept the funding restrictions set forth in Section 339.135(6)(a), and Section 129.07, Florida Statutes, which may affect each of the parties' obligations. Those provisions are as follows: (a) The Department during any fiscal year shall not expend money, incur any liability, or enter into any contract which, by its tenns, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one (1 ) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Section 339.135(6)(a), Florida Statutes. (b) It is unlawful for the Board of County Commissioners to expend or contract for the expenditure in any fiscal year more than the amount budgeted in each fund's budget, except as provided herein, and in no case shall the total appropriations of any budget be exceeded, except as provided in s~ 129.06, and any indebtedness contracted for any purpose against either of the funds enumerated in this chapter or for any purpose, the expenditure for which is chargeable to either of said funds, shall be null and void, and no suit or suits shall be prosecuted in any court in this state for the collection of same, and members of the Board of County Commissioners voting for and contracting for such amounts and the bonds of such members of said boards also shall be liable for the excess indebtedness so contracted for. Section 129.07, Florida Statutes. When either party receives a notice of claim for damages that may have been caused by the other party in the performance of services required under this Agreement, that party will immediately forward the claim to the other party. Each party will evaluate the claim and report its findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. 15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations conceming any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remail:!der of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. '-' ...." FORM 72~ PUBLIC TRANSP ADMIN 07/01 Page 10 0112 16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339.135(6)(a), Florida Statutes, are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before June 30, 2004 . If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the District Secretary, District Four. Expiration of this Agreement will be considered termination of the project and the procedure established in paragraph 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. 19.00 Agreement Format All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. '-' ....." FORM 725-030-06 PUBLIC TRANSP ADMIN 07/01 Page'1 Of 12 The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received. inspected and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b) will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be retumed to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a property completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (904)488-2924 or by calling the State Comptroller's Hotline, 1-800-848-3792. 23.00 Public Entity Crime: Pursuant to 287.133(3Xa) F.S. the following is applicable to this agreement. 287.133(2)(a)"A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." 24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a t>ublic entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. ~ .." FORM 725-031>-06 PUBLIC TRANSP ADMIN 07101 Page 12 of 12 Financial Project No. 411314-1-94-01 Contract No. Agreement Date IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY FDOT Sl Lucie County Board of County Commissioners COMPTROLLER FUNDING APPROVAL DATE: BY: ATTORNEY DEPARTMENT OF TRANSPORTATION TITLE: DISTRICT SECRETARY OR DIRECTOR OF PLANNING & PROGRAMS ATTEST: TITLE: (SEAL) ATTEST: APPROVED AS TO FORM, LEGALITY TITLE: (SEAL) '- "-" Fin. Proj. No.: 411314-1-94-01 Contract No.: Agreement Date: EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBIUTIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County Board of County Commissioners PROJECT LOCATION: St. Lucie County International Airport PROJECT DESCRIPTION: Conduct Part 150 Study SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project number and the Federal Identification number, where applicable, and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. SPECIAL CONSIDERATIONS BY DEPARTMENT: N/A '- '....I Fin. Proj. No.: 411314-1-94-01 Contract No.: Agreement Date: EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County Board of County Commissioners I. TOTAL PROJECT COST: $158,000 II. PAR1lCIPA TlON: Federal Participation: FAA, FTA,lIMTA, etc. 9O.000fo $142,200 Agencj Participation: In-Kind $0 Cash 5.00% $7,900 Other $0 Maximum Department Participation: Primary (OS) (DDR) (DIM) (PORl) 5. ()()Ok $7,900 Federal Reimbursable (DU) (FRA) (OFT A) $0 local Reimbursable (Ol) $0 III, TOTAL PROJECT COST: $158,000 '- 'WI ExI1ib~ C Page 1 at 2 Fin. Proj. No.: 411314-1-94-01 Contract No.: Agreement Date: EXHIBIT "C" (GENERAL) This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie Countv Board of Countv Commissioners Documents required to be submitted to the department by the Agency in accordance with the tenns of this agreement SUBMITT AUCERTIFICATION BASIS FOR ACCEPTANCE Consultant Selection Compliance Agency Attorney's Certification Design Submittal* 100% Plans, Specifications and Contract Documents, signed and sealed by Registered Professional Engineer Engineer Certification** Construction/Procurement Department Letter Safety Compliance (a) Department Review (b) Agency Certification Release for Notice to Proceed Department Letter Annual Audit Reports Agency Certification Completion Per Specifications Agency Certification * Plans, Specifications, Engineering Report One (1) Full Size set and (1) 11x17 set to be sent directly to: Rebecca L. Rivett Aviation Coordinator Office of Modal Development, D4 3400 West Commercial Boulevard Fort Lauderdale, FL 33309-3421 ** Criteria for development and certification of plans, specifications, and contract documents is defined in the DESIGN DEVELOPMENT CRITERIA Section of this Exhibit. '- ..." Exhibit C Page 2 of 2 Fin. Proj. No.: 411314-1-94-01 Contract No.: Agreement Date: DESIGN DEVELOPMENT CRITERIA The plans, specifications, construction contract documents, and any and all other similar engineering, construction, and contractual documents produced by the Engineer for the project are hereinafter collectively referred to as ·plans" in this Exhibit. Plans shall be developed in accordance with sound engineering and design principles, and with generally accepted professional standards. Plans shall be consistent with the intent of the project as defined in the Joint Participation Agreement, Section 1.00, ·Purpose of Agreement", and Exhibit "A" of this Agreement. The Engineer shall perform a thorough review of the requirements of the following standards and make a determination as to their applicability to this project. Plans produced for this project shall be developed in compliance with the applicable requirements of these standards. · Federal Aviation Administration Regulations and Advisory Circulars · Florida Department of Transportation Standards of Design for General Aviation Projects · State of Florida Manual of Unifonn Minimum Standards for Design, Construction and Maintenance for Streets and Highways . State of Florida Manual on Unifonn Traffic Control Devices . State of Florida Roadway and Traffic Design Standards Development of the plans shall comply with all applicable laws, ordinances, zoning and permitting requirements, public notice requirements, and other similar regulations that apply to the scope and location of the project. Note: The current version(s) or edition(s) as of the execution date of the Engineering Agreement for the design of the project. '- .J ITEM NO. C -6 -B DATE: May7, 2002 REGULAR [ ] PUBUC HEARING [ CONSENT [X ] PRESENTED BY: AGENDA REQUEST ~ St. Lucie County INTERNATIONAL AIRPORT on Florida's Treasure Coast TO: BOARD OF COUNTY COMMESIONERS SUBMITTED BY: Airport Paul A. Phillips SUBJECT: Accept the Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA), and authorize the Chairman to execute the JPA and resolution 02-123 authorizing the Chairman to sign the agreement, for the rehabilitation of airfield lighting at St. Lucie County International Airport. This JP A provides $149,000 of the $186,250 necessary for the project. This is a 80 % matching fund JP A with the Horida Department of Transportation. BACKGROUND: Late last year, the Airport completed the installation of airfield signage using a $500,000 Federal Aviation Administration (FAA) grant. After the signage was installed, an increased electrical load was placed on the existing airfield lighting. It became immediately apparent that the existing runway and taxiway electrical circuits could not sustain the new loads. As a result, the existing electrical circuits have become very unreliable. The Airporthas spent over $10,000 on subcontractors and weeks of Airport Technician time to provide temporary solutions to the electrical circuit problems. Since the existing runway and taxiway lighting is 20 years old, the engineers have recommended that the existing direct burial airfield lighting circuits be replaced with electrical cabling in conduit. Since this is an unbudgeted item and is a safety related item, the Airport recommends that matching funds of $37,250 be made available from unallocated Airport Project Reserve. FUNDS A V AILABLE IN ACCT#: Matching funds of $37,250 are available in the Airport Project Reserve Account (140-9910-599330-800). PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board accept the Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA), and authorize the Chairman to execute the JP A and resolution 02-123 authorizing the Chairman to sign the agreement, for the rehabilitation of airfield lighting at St. Lucie County International Airport. This JP A provides $149,000 of the $186,250necessary for the project. This is a 80% matching fund JPA with the Florida Department of Transportation. COMMISSION ACTION: JC APPROVED []DENIED .._~ [ ]OTHER: Q / Reviews & Approvals 'ft·/ County Attorney:~; "... / OMBf1 ¡VI/~ Originating Dept: I . Ü" '-, Other: Finance:(Check for opyonly, if applicable) \w "-" RESOLUTION NO. 02-123 A RESOLUTION ACCEPTING THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT (FIN. PROJ. NO. 411315-1-94-01) FOR THE REHAB OF AIRFIELD LIGHTING AT THE ST. LUCIE COUNTY INTERNATIONAL AIRPORT AND AUTHORIZING THE CHAIRPERSON TO EXECUTE THE AGREEMENT AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENT BY APPROVING IT AS TO FORM AND CORRECTNESS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following detenninations: 1. The Florida Department of Transportation has awarded the County funding for the Rehab of Airfield Lighting at the St. Lucie County International Airport (Fin. Proj. No. 411315-1-94-01). 2. The Board should authorize and approve execution of the Public Transportation Joint Participation Agreement with the State of Florida Department of Public Transportation for the above-referenced project. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners ofSt. Lucie County, Florida: 1. The Board hereby accepts and approves the Public Transportation Joint Participation Agreement with the State of Florida (Fin. Proj. No. 411315-1-94-01) to provide funding for the Rehab of Airfield Lighting at the St. Lucie County International Airport. 2. The Board hereby authorizes the Chairperson to execute the above-referenced agreement and further authorizes the County Attorney to execute the agreement by approving it as to fonn and correctness. After motion and second, the vote on this resolution was as follows: Chainnan Doug Coward Vice-Chainnan Cliff Barnes Commissioner Frannie Hutchinson Commissioner Paula A. Lewis Commissioner John D. Bruhn 1 '- 'w1I PASSED AND DULY ADOPTED this 7th day of May, 2002. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRPERSON APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY 2 \w -..""I STATE OF FLORIDA OEPARTMENT OF TRANSPORTATlON FORM 725-0:JO.œ PUBLIC TRANSP ADMIN 07/01 Page' 01 12 PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT FINANCIAL PROJECT NO.: Fund: OS FLAIR Approp: 088719 411315-1-94-Q1 FLAIR Obj.: 750004 (Item-segment-phase-sequence) Function: 637 Org. Code: 55042010428 Contract No: Federal No: Vendor No: VF 596000835030 Catalog of Federal Domestic Assistance Number. Catalog of State Financial Assistance Number. 55004 THIS AGREEMENT, made and entered into this day of, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and St. Lucie County Board of County Commissioners hereinafter referred to as the AGENCY. WIT N ESE T H: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 332.006 (6), Florida Statutes, to enter into this Agreement; NOW, THEREFORE, in consideration ofthe mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to Rehab Airfield Lighting. and as further described in Exhibit(s) A B. C & F attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. '-' ~ FORM 725-030-06 PUBLIC TRANSP ADMIN 07/01 Page 2 of 12 2.00 Accomplishment of the Project: 2.10 General Requirements: The Agency shall commence. and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement. the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "e" attached hereto and by this reference made a part hereof. 3.00 Project Cost: The total estimated cost of the project is $ 186,250.00 . This amount is based upon the estimate summarized in Exhibit "8" attached hereto and by this reference made a part hereof. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $ 149.000.00 as detailed in Exhibit "8", or in an amount equal to the percentage(s) of total project cost shown in Exhibit "8", whichever is less. 4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective date of this Agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Departmenfs appropriation request in the work program year that the project is scheduled to be committed; (b) Availability of funds as stated in paragraph 17.00 of this Agreement; (c) Approval of all plans. specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding: Front end funding (isHis not) applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retainage: Retainage {i&} (is not) applicable. If applicable, N/A percent of the Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed. at the Departmenfs discretion, on or before the completion of the final project audit. 6.00 Project Budget and Payment Provisions: 6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in paragraph 4.00 of this Agreement and is approved by the Department Comptroller. '-' '...I FORM 725-030-06 PUBLIC TRANSP ADMIN 07/01 Page 3 of 12 6.20 Payment Provisions: Unless otherwise allowed under paragraph 4.20, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project. in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project account shall be made available to the Department upon request any time during the period of the Agreement and for three years after final payment is made. 7.20 Funds Received Or Made Available for The Project The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to. or otherwise received on account of the project, which Department payments and other funds are herein collectively referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or as approved by the Department. 7.30 Costs Incurred for the Project The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7.40 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department, including but not limited to site visits and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, revielNs, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period off three years from the date the audit report is issued, and shall allow the Department access to such records and working papers upon request. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. 7.61 Federal Audit In the event the Agency expends a total of $300,000 or more in Federal awards in its fiscal year, the Agency must have a single or program-specific audit conducted in accordance with the provisions arOMS Circular A-133. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding Federal Agency. If the Agency expends less than $300,000, this audit is not required and if the Agency elects to have an audit conducted in accordance with the provisions of OMS Circular A-133, the cost of the audit must be paid from non-Federal funds. \w 'WI FORM 725-030-06 PU8L1C TRANSP ADMIN 07/01 Page 4 of 12 The Agency agrees to allow the Department or an independent auditor of the Department, the State Comptroller, and the Auditor General access to the Agency's records and financial statements as may be necessary for complying with the requirements of 31 U.S.C. 7501 et seq. Pursuant to OMB circular A-133, Section .320(d), the Agency shall provide a copy of the reporting package and any management letters to the Department, or copies of auditor reports for audits conducted in accordance with OMS Circular A-133, to the Department and to: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 7.62 State Audit: In the event that the Agency expends a total of $300,000 or more in State awards in its fiscal year, the Agency must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes and the applicable rules of the Executive Office of the Governor, the State Comptroller, and the Auditor General. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State agency. If the Agency expends less than $300,000, this audit is not required and if the Agency elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from non-State funds. The Agency agrees to allow the Department, the State Comptroller, and the Auditor General. In determining the State awards expended in its fiscal year, the agency shall consider all sources of State awards except State awards except State awards received for Federal program matching requirements shall be excluded from consideration. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State agency. If the Agency expends less than $300,000, this audit is not required and if the Agency elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from non-State funds. The Agency agrees to allow the Department, the State comptroller, and the Auditor General access to records and independent auditor's working papers, as necessary for complying with the requirements of Section 215.97, Florida Statutes. The Agency shall provide annual financial reporting package of audits prepared in accordance with Section 215.97, Florida Sta.tutes, and applicable Rules of the Auditor .General to the Department and to: State of Florida Auditor General Room 564, Claude Pepper Building 111 West Madison Street Tallahassee, rlorida 32302-1450 7.63 Other Requirements: If an audit discloses any significant audit findings relating to any award, including material noncompliance with individual project compliance requirements or reportable conditions in intemal controls of the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans. 7.70 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department-to the extent of its interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section with an Exhibit ·C". '-' ....,,¡ FORM 725-030-06 PUBLIC TRANSP ADMIN 07/01 Page 5 of 12 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department ofTransportation, District Four, Public Transportation Office 3400 W. Commercial Blvd. Ft. Lauderdale, Florida, 33309 its requisition on a form or forms prescribed by the Department. and other data pertaining to the project account (as defined in paragraph 7.10 hereof) to justify and support the payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, Florida Statutes. 8.13 For real property acquired, submit; (1) the date the Agency acquired the real property, (2) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. (3) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Departmenfs Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 8.22 litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 8.25 Default The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all. disallowed costs. 8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the project. and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. '" ...., FORM 72~»06 PUBLIC TRANSP ADMIN 07/01 Page 6 of 12 8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or for work or services perionned pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 9.00 Termination or Suspension of Project: 9.1 0 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in paragraphs 8.21 to 8.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may tenninate any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final tennination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to tenninate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) fumish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is detennined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in confonnity with the latest schedule, plan, and budget as approved by the Department or upon the basis of tenns and conditions imposed by the Department upon the failure of the Agency to fumish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes and made or received in conjunction with this Agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall pennit, and shall require its contractors to pennit, the Departmenfs authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same_ '-' ...,¡ FORM 725-OJO.œ PUBLIC TRANSP AOMIN 07101 Page 70(12 12.20 Compliance with Consultants' Competitive Negotiation Act It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, Florida Statutes, Consultants Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attomey shall certify to the Department that selection has been accomplished in compliance with the Consultant's Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 26, as amended, apply to this Agreement. 12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed. color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to. the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar wor1<, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 TiUe VI- Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (78 Statute 252), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 TiUe VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42 USC 3601,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national origin, religion, sex, disability and familial status. 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA, the regulations of the federal govemment issued thereunder, and the assurance by the Agency pursuant thereto. \.,. "wtfI .. FORM 125-030-06 PUBLIC TRANSP ADMIN 01101 Page 8 0112 13.50 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract, or arrangement in connection with the project or any property included or planned to be included in the project, in which any member, officer, or employee of the Agency during his tenure or for two years thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency with prior approval of the Department, may waive the prohibition contained in this subsection: Provided, that any such present member, officer or employee shall not participate in any action by the Agency relating to such contract, subcontract, or arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer, or employee of the Agency during his tenure or for two years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency. 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits. and will reimburse the Department for any loss incurred in connection therewith. 14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment" by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. '-' -...I FORM 721>-0»06 PUBLIC TRANSP ADMIN 07101 Page 9 of 12 14.11 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms ofA9 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio ofthe Department financing of the facility or equipment as provided in this Agreement. 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. The parties recognize and accept the funding restrictions set forth in Section 339.135(6)(a), and Section 129.07, Florida Statutes_ which may affect each of the parties' obligations. Those provisions are as follows: (a) The Department during any fiscal year shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Section 339.135(6)(a), Florida Statutes. (b) It is unlawful for the Board of County Commissioners to expend or contract for the expenditure in any fiscal year more than the amount budgeted in each fund's budget, except as provided herein, and in no case shall the total appropriations of any budget be exceeded, except as provided in s. 129.06, and any indebtedness contracted for any purpose against either of the funds enumerated in this chapter or for any purpose, the expenditure for which is chargeable to either of said funds, shall be null and void, and no suit or suits shall be prosecuted in any court in this state for the collection of same, and members of the Board of County Commissioners voting for and contracting for such amounts and the bonds of such members of said boards also shall be liable for the excess indebtedness so contracted fOi. Section 129.07, Florida Statutes. When either party receives a notice of claim for damages that may have been caused by the other party in the performance of services required under this Agreement, that party will immediately forward the claim to the other party. Each party will evaluate the claim and report its findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. 15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations conceming any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remaioder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. \w ...., . FORM 725-030-06 PUBLIC 'TRANSP ADMIN 07/01 Page 10 of 12 16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339.135(6)(a), Florida Statutes, are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year.· 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before June 30. 2004 . If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the District Secretary, District Four . Expiration of this Agreement will be considered termination of the project and the procedure established in paragraph 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days atter the expiration of this Agreement. Invoices submitted atter the 120 day time period will not be paid. 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular_ All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress. or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,· in accordance with its instructions. '- ., FORM 72>030-06 PUBLIC TRANSP ADMIN 07101 Page 11 0112 The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) 'NOr!<ing days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are measured from the latter of the date the invoice is received orthe goods or services are received, inspected and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b) will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (904)488-2924 or by calling the State Comptroller's Hotline, 1-800-848-3792. 23.00 Public Entity Crime: Pursuant to 287.133(3)(a) F.8. the following is applicable to this agreement. 287.133(2)(a)"A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public 'NOr!<, may not submit bids on leases of real property to a public entity, may not be awarded or peñonn 'NOr!< as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." 24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public 'NOr!<, may not submit bids on leases of real property to a public entity, may not be awarded or peñorm work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. '- ...., FORM 72~ PUBLIC TRANSP ADMIN 07/01 Page 12 of 12 Financial Project No. 411315-1-94-01 Contract No. Agreement Date IN WITNESS WHEREOF, the partÎes hereto have caused these presents be executed, the day and year first above written. AGENCY FDOT St. Lucie County Board of County Commissioners COMPTROLLER FUNDING APPROVAL DATE: BY: ATTORNEY DEPARTMENT OF TRANSPORTATION TITLE: DISTRICT SECRETARY OR DIRECTOR OF PLANNING & PROGRAMS ATTEST: TITLE: (SEAL) ATTEST: APPROVED AS TO FORM, LEGALITY TITLE: (SEAL) '- ...." Fin. Proj. No.: 411315-1-94-01 Contract No.: Agreement Date: EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County Board of County Commissioners PROJECT LOCATION: St. Lucie County Intemational Airport PROJECT DESCRIPTION: Rehab Airfield Lighting SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project number and the Federal Identification number, where applicable, and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. SPECIAL CONSIDERATIONS BY DEPARTMENT: N/A .'- ....", Fin. Proj. No.: 411315-1-94-01 Contract No.: Agreement Date: EXHIBIT "B" PROJECT BUDGET This exhibit fonns an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and S1. Lucie Countv Board of Countv Commissioners I. TOTAL PROJECT COST: $186,250 II. PARTIOPATlON: Federal Participation: FAA, FTA UMTA etc. O.OOOk $0 Agenc¡ Participation: lrH<ind $0 Cash 2O.000k $37,250 Other $0 Maximum Department Participation: Primary (DS) (OOR) (DIM) (PORT) 80.00% $149,000 Federal Reimbursable (DlJ) (FRA) (OFT A) $0 Local Reimbursable (DL) $0 III. TOTAL PROJECT COST: $186,250 \w -...I Exhibrt C Page 1 of 2 Fin. Proj. No.: 411315-1-94-01 Contract No.: Agreement Date: EXHIBIT "cn (GENERAL) This exhibifforms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County Board of County Commissioners Documents required to be submitted to the department by the Agency in accordance with the tenns of this agreement. SUBMiTT AUCERTIFICATION BASIS FOR ACCEPTANCE Consultant Selection Compliance Agency Attorney's Certification Design Submittal" 100% Plans, Specifications and Contract Documents, signed and sealed by Registered Professional Engineer Construction/Procurement Engineer Certification- Safety Compliance Department Letter (a) Department Review (b) Agency Certification Release for Notice to Proceed Department Letter Annual Audit Reports Agency Certification Completion Per Specifications Agency Certification .. Plans, Specifications, Engineering Report One (1) Full Size set and (1) 11x17 set to be sent directly to: Rebecca L. Rivett Aviation Coordinator Office of Modal Development, D4 3400 West Commercial Boulevard Fort Lauderdale, FL 33309-3421 .... Criteria for devetopment and certification of plans, specifications, and contract documents is defined in the DESIGN DEVELOPMENT CRITERIA Section of this Exhibit. \. "'-II Exhibit C Page 2 or 2 Fin. Proj. No.: 411315-1-94-01 Contract No.: Agreement Date: DESIGN DEVELOPMENT CRITERIA The plans, specJficatiol1s, construction contract documents. and any and all other similar engineering, construction, and contractual documents produced by the Engineer for the project are hereinafter colleCtively referred to as "plans" in this Exhibit. Plans shall be developed in accordance with sound engineering and design principles, and with generally accepted professional standards. Plans shall be consistent with the intent of the project as defined in the Joint Participation Agreement, Section 1.00, "Purpose of Agreement", and Exhibit "A" of this Agreement. The Engineer shall perform a thorough review of the requirements of the following standards and make a determination as to their applicability to this project. Plans produced for this project shall be developed in compliance with the applicable requirements of these standards. · Federal Aviation Administration Regulations and Advisory Circulars · Florida Department of Transportation Standards of Design for General Aviation Projects · State of Florida Manual of Unifonn Minimum Standards for Design, Construction and Maintenance for Streets and Highways · State of Florida Manual on Unlfonn Traffic Control Devices · State of Florida Roadway and Traffic Design Standards Development of the plans shall comply with all applicable laws, ordinances, zoning and permitting requirements, public notice requirements, and other similar regulations that apply to the scope and location of the project. Note: The current version(s) or edition(s) as of the execution date of the Engineering Agreement for the design of the project. ... \.. ..." FP No.: 411315-1-94-01 Contract No.: Agreement Date: EXHIBIT "F" SPECIAL AIRPORT ASSURANCES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County Board of County Commissioners I. GENERAL a. These assurances shall be complied with in the performance of master planning, land acquisition, economic development or capital improvement projects which contain NO federal funds. b. Upon acceptance of this Joint Participation Agreement by the sponsor_ these assurances are incorporated in and become a part thereof. II. DURATION The terms, conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for any airport development project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant agreement utilizing state funds for the project. However, there shall be no limit on the duration of the assurances with respect to real property acquired with project funds. III. SPONSOR CERTIFICATION The sponsor hereby assures and certifies, with respect to this grant: a. It has sufficient funds available for that portion of the project costs not paid for by the State. It has sufficient funds available to assure operation and maintenance of items it will own or control funded under the grant agreement. b. It holds good title, satisfactory to the Department, to the landing area of the airport or site thereof, or .viII give assurance satisfactory to the Department, that good title will be acquired. c. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to ensure that the airport will be operated and maintained in accordance with the Federal Airport and Airway Improvement Act of 1982, or successive legislation; the regulations and the terms, conditions and assurances in the grant agreement; and shall ensure that such arrangement also requires compliance therewith. \w ...." .... AGENDA REQUEST ITEM NO. C-6-C DATE: May ì, 2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] PRESENTED BY: St. Lucie County INTERNATIONAL A on F/òrida'sTreàsure Coast TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Airport Paul A. Phillips SUBJECT: Approve the Third Amendment to November 21, 1988 Lease Agreement with Experimental Aircraft Association (EAA) to allow the EAA 30 additional years so that the EAA can construct building and make capital improvements to the Airport owned property. BACKGROUND: The Experimental Aircraft Association (EAA) has been housed in an Airport owned hangar on an acre of property on Industrial 33rd Street since 1988. The original lease provided for short rental tenns. Because of the short tenns, the EAA has not been able to obtain financing to make capital improvements to the property. Since the currently completed Airport Master Plan does not change the use of the EAA property, it is Airport's recommendation that the lease be extended for 30 years to provide this capitalization period. Additionally, since the EAA is a non-profit organization whose missions is to provide flying experiences to children and since they will be constructing an office and future aircraft hangars, it is the Airport's recommendation that the lease rate remain the same for the 30 year lease tenn to allow for the amortization of the improvements. FUNDS AVAILABLE IN ACCT#: N/ A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board approve the Third Amendment to November 21, 1988 Lease Agreement with Experimental Aircraft Association (EAA) to allow the EAA 30 additional years so that the EAA can construct building and make capital improvements to the Airport owned property. COMMISSION ACTION: ,11~PROVED [ ]DENIED [ ]OTHER: 0;. Reviews & Approvals A County Attorney:!, . Originating Dept: ¡'II! I., '/ Finance:(Check 0 , EAA - Become "'1 EAA Young Eagle \.; '. J I \'~ ..- . \:''::,.:;:- :::-" Stop Wondering and Start Flying! Have you ever wondered what your neighborhood looks like from the sky? Or what it feels like to lift off the ground in a private airplane? Or what in the world all those buttons, dials nd switches in a cockpit are for? How many times have you seen airplanes soaring in the sky and ished you could be playing in the louds, too? To all those who have ver dreamed of flying, you've landed t the right place. CONTACT US! (~ FAQS(~ , Put On Your Wings! ,..~ When our great, great grandparents were alive, they could only dream of soaring like an agle. Now the EAA Young Eagles Program wants to offer you the chance of a lifetime-to turn your reams into reality. EAA wants to offer everyone between the ages of ages 8 and 17 an opportunity to fly in a private airplane with a qualified pilot. It's safe. It's fun. It's free. And it's fantastic I Soar High With The Young Eagles! By experiencíng a Young Eagle flight, you'll join the more than 700,000 Young Eagles who have entered the wild blue yonder. Our goal is to have 1,000.000 young people grace the skies by the 100th anniversary of flight in the year 2003! So, if you're ready to share the skies with the likes of the Wright brothers, Charles Lindbergh, Amelia Earhart and Neil Armstrong, then come on board, buckle up and let your spirits soar with the Young Eagles! An Easy, Fun and Free Adventure For All! Becoming an EAA Young Eagle is as easy as one-two-three! http://www.youngeagles.org/l OOOye/l 005ye.asp ..,,¡i 'J¡fß~ ':"'Bu'T " <. <. ' '1 : -. ,-.- :;" ... . .. . ,-, ~~~~) r# .. Check out The World's Lal"Qest LOQbook Want tð know how tD become an EAA Young Eagle? Meet our Chairman Chuck Yeager Meet Qur Spokesperson Jamall Larkins Meet 2 EAA members, Astronauts on the Space Shuttle Atlantis "''':~J4 ~~tI·t1. :.Çi '.' J..!' , o;.'! ~ ~ .. + -) + Page 1 of2 4/30/2002 · EAA - Become;> ~'1 EAA Young Eagle '-' ...., J Step One: Contact the Young Eagles office at 1- 877 -806-8902. Step Two: We'll tell you where to find a pilot near you' Step Three: Take off!!! You and your personal pilot will zoom through the skies I As long as you're between the ages of 8 and 17, you can be an EAA Young Eagle just like that! Not only will you fly for free, you'll also receive an official Young Eagle certificate AND your name will be entered in the World's Largest Logbook! So, what are you waiting for? The Next Step Flying High with Young Eagles I YounQ Eaales Home I Youna Eaales Fliaht Leaders I I Become an EAA Youna Eaale I WntII I The Next SteD I FAQs I World's Laraest Loabook I Mission: Match Game I I Checklist Game I Activities I Jamail Larkins-Youna Eaale I Fliaht Facts I I Meet Chuck YeaQer I Cool Pix I Search I Contact U!< I I Merchandise I EAA Home Page I Join EAA I Other EAA Websltes I All content, logos. and videos are the property of EAA Copyright © 2002 http://www.youngeagles.org/lOOOye/1005ye.asp Page 2 of2 4/30/2002 '-' ...., THIRD AMENDMENT TO NOVEMBER 21, 1988 LEASE AGREEMENT THIS THIRD AMENDMENT dated this _ day of , 2002, by and between ST. LUCIE COUNTY, as successor in interest to the St. Lucie County Port and Airport Authority, a political subdivision of the State of Florida, hereinafter referred to as "Lessor", and EXPERIMENTAL AIRCRAFT ASSOCIATION, ST. LUCIE COUNTY, CHAPTER 908, hereinafter referred to as "Lessee". WIT N E SSE T H: WHEREAS, the parties entered into a Lease Agreement on November 21, 1988 which provided for a three (3) year lease term; and, WHEREAS, on September 9, 1991, the parties amended the Lease Agreement to extend the lease term through and including November 21, 1996; and, WHEREAS, on November 26, 1996, the parties entered into a Second Amendment to the Lease Agreement which provided that the Lessee shall be responsible for the payment of any assessments and/or ad valorem property taxes which may be legally levied against the leased premises during the term of the Lease, extended the term through and including November 21, 2001, established the adjusted rental rate effective November 21, 1996, and provided for subsequent annual adjustment of the rental rated based upon the Consumer Price Index; and, WHEREAS, the parties have further agreed to amend the Lease Agreement to clarify the permitted uses of the leased premises and retroactively extend the term of the Lease Agreement through and including November 21, 2006; and, WHEREAS, in recognition of the Lessee's contribution to the community as a nonprofit organization which provides flying experiences to local children and the value of the improvement to the leased premises to be made by the Lessee, the Lessor is willing to maintain the current rental rate for the remainder of the lease term as extended. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: The November 21, 1988 Lease Agreement between the parties, as previously amended, shall be amended as follows: 1. Paragraph 2. PURPOSE shall be amended to read as follows: 2. PURPOSE. Lessee agrees to use the premises solely for the noncommercial maintenance, restoration and storage of its members aircraft which aircraft shall be 1 .. \w ....,; , '; twenty (20) years or older. The use of the leased premises by the Lessee and/or its members is specifically subject to the rules, regulations, and conditions promulgated by the Federal Aviation Administration or its successor agency, the Lessor, the State of Florida, or any other federal, state or local agency having jurisdiction over the operations of the St. Lucie County International Airport and is further subject to the terms, conditions, and regulations imposed by the Lessor. Lessee and/or its members shall not engage in any commercial activity on the leased premises and shall not interfere with the operation of any commercial airline service at the airport and other normal operations of the airport, including but not limited to the operations of the U.S. Customs Facility. 2. Paragraph 11. TERMS; TERMINATION shall be amended to read as follows: 11. TERM. The term of this lease shall begin on November 21, 1988, (hereinafter referred to as the "commencement date"), and shall terminate on November 21, 2031. Delivery of the possession of the premises to Lessee shall be made on the date of this lease. Delivery of the possession of the leased premises to Lessee shall be made on the commencement date of this lease. 3. follows: Paragraph 23. RENTAL RATE ADJUSTMENT, shall be amended to read as 34. RENTAL RATE REVIEW. Effective November 21,1997 through and including November 20, 2002, the parties agree that the rental payment set forth above shall be adjusted higher or lower, at one (1) year intervals, but in no event shall rental payments be less than the amounts set forth herein. Such adjustments shall be based upon the Cost of Living Index, as defined in this lease and provided below and shall commence November 21, 1997 and shall continue at each one year interval thereafter throughout the term of this lease. The adjustment to the rental rate at each one year interval shall be determined by multiplying the basic annual rental rate then in effect by a fraction, the numerator of which shall be the index figure indicated for the month of June preceding each January 1st of the year of adjustment, such figure to be shown by the Consumer Price Index, the United States City Average All Items and Commodity Groups (1976 = 100), issued by the Bureau of Labor Statistics of the United States Department of Labor, and the denominator of which shall be such Consumer Price Index figure indicated for the month of June preceding each January 1 st of the year preceding the year of adjustment. The product of such multiplication shall be the amount of the annual rental payments to be made for the next succeeding one (1) year period of this lease until the next computations are to be made. The rental rate and the adjustment made based upon the provisions of this paragraph shall be made solely by the Lessor unless it is necessary for the parties to agree upon a conversion factor under the provisions set forth below. The Lessor, upon determining the rental adjustment of the applicable one (1) year period as provided 2 " '- ,..." ''¡ above shall advise the Lessee of the new monthly rental for such period, which shall be accompanied by evidence supporting the manner in which the Lessor determined the new adjusted rent which evidence shall be in sufficient detail to enable the Lessee to verify the Lessor's calculations. It is further understood and agreed that if the rental agreement is not immediately determinable at the time an adjustment is required, the previous rental then being paid shall continue until an adjustment can be made, and the adjustment shall be retroactive to the adjustment date, and the sum constituting the adjustment for the months of the period which have passed prior to the determination of the amount of the adjustment shall be due and payable within thirty (30) days after such determination. . It is understood and agreed that the above described Index is now being produced monthly by the Bureau of Labor Statistics of the United States Department of Labor. Should the Bureau of Labor Statistics change the manner of computing such Index, the Bureau shall be requested to furnish a conversion factor designed to adjust the next Index to the one previously in use, and adjustment of the New Index shall be made on the basis of such conversion factor. Should the publication of such Index be discontinued by the Bureau of Labor Statistics, then such other Index, as may be published by such Bureau most nearly approximating the discontinued Index shall be used in making the adjustments described above. Should the Bureau discontinue the publication of an Index approximating the Index contemplated, then such Index as may be published by another United States governmental agency which most nearly approximates the Index first above referred to shall govern and be substituted as the Index to be used, subject to the application of an appropriate conversion factor to be furnished by the governmental agency publishing such Index. If such governmental agency will not furnish such conversion factor, then the parties shall agree upon a conversion factor of the new Index. 4. Except as amended herein, the remaining terms and conditions ofthe November 2l, 1988 Lease Agreement, as previously amended, shall remain in full force and effect. IN WITNESS WHEREOF, the Lessor has hereunto subscribed and the Lessee has executed this Third Amendment to the November 21, 1988 Lease Agreement on the date first above written. ST. LUCIE COUNTY, as successor in interest to the St. Lucie County Port and Airport Authority ATTEST: BY: DEPUTY CLERK CHAIRMAN 3 > '- WITNESSES: g: \a tty\agreemnt\lease\3a -eaa. wpd -..I APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY EXPERIMENTAL AIRCRAFT ASSOCIATION, ST. LUCIE COUNTY, CHAPTER 908 BY: NAME: TITLE: 4 '-' ,..", A". " AGENDA REQUEST ITEM NO. C-6 -D DATE: May 7, 2002 st. Lucie County INTERNATIONAL AIRPJ on Florida's Treasure Coast REGULAR [ ] PUBLIC HEARING [ CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Airport Paul A. Phillips SUBJECT: Award the Bid for the "Hardwick Grove" Parcels 45,47, and 47A, and the "Kanawha Grove" Parcels 46, and 51 at St. Lucie County International Airport to the highest bidder for both groves to T. Bennett. BACKGROUND: Last year, both Hardwick Grove and Kanawha Grove became available for lease. The existing leaseholders tenns had expired and the leaseholders did not renew the lease. As a result, the Airport requested bids from qualified bidders. T. Bennett was the highest bidder on the Hardwick Grove, parcels 45, 47, and 47A at a bid of$27 per acre for a total bid of$27 per acre X 29.41 acres = $794.07 per year for five years. T. Bennett was also the highest bidder on the Kanawha Grove, parcels 46 and 51 at a bid of$13 per acre for a total bid of$13 per X 191.63 acres = $2,491.19 per year for five years. T. Bennett is planning to use the grove property for agricultural use, specifically to fence in the property and use it for cattle grazing. Since this property is identified in the recently developed Airport Master Plan as not being needed for current development, it is the Airport's recommendation that the property be leased to T. Bennett. FUNDS AVAILABLE IN ACCT#: N/ A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board award the Bid for the "Hardwick Grove" Parcels 45, 47, and 47A, and the "Kanawha Grove" Parcels 46, and 51 at St. Lucie County International Airport to the highest bidder for both groves toT. Bennett. COMMISSION ACTION: ~~APPROVED [ ]DENIED [ ]OTHER: Reviews & Approvals . Cb/ County Attorney:,. ¡~ Originating Dept: '., . . Finance:(Check ~ Purchasing Other: To: From: Date: Subject: \w ...., MEMORANDUM from St. Lucie County International Airport Board of County Commissioner Paul A. Phillips, Airport Director April 30, 2002 "Hardwick Grove" Parcels 45, 47, and 47A, and "Kanawha Grove" Parcels 46, and 51 Last year, both Hardwick Grove and Kanawha Grove became available for lease. The existing leaseholders terms had expired and the leaseholders did not renew the lease. As a result, the Airport requested bids from qualified bidders. T. Bennett was the highest bidder on the Hardwick Grove, parcels 45, 47, and 47 A at a bid of $27 per acre for a total bid of$27 per acre X 29.41 acres = $794.07 per year for five years. T. Bennett was also the highest bidder on the Kanawha Grove, parcels 46 and 51 at a bid of $13 per acre for a total bid of$13 per X 191.63 acres = $2,491.19 per year for five years. T. Bennett is planning to use the grove property for agricultural use, specifically to fence in the property and use it for cattle grazing. Hardwick Grove Land Lease - Parcels 45, 47 and 47A (29.41 acres) Name T.Bennett A. Sapp Use A . culture Cattle Grazing Term 5+5 ears 5 + 5 years Bid $27 er acre $0 151 5 yrs $15 er acre 2nd 5 s s Kanawha Grove Land Lease - Parcels 46 and 51 (191.63 acres) Name T. Bennett A. Sapp O. Franklin Use A . culture Cattle Grazing Term 5+5 ears 5 + 5 years Bid $13 er acre $0 151 5 JTS $15 er acre 2nd 5 s $1,800 Fruit Harvestin Based on an analysis of the bids, the Airport recommends that the Hardwick Grove property be leased to T. Bennett for $794.07 per year, and the Kanawha Grove property be leased to T. Bennett for $2,491.19 to be used for agricultural uses. \w ...., BID FORM ~I LEASE OF PARCELS 46, 51 AND 5~ In order to constitute an acceptable bid, all information requested below must be provided. The form must be submitted in triplicate in a sealed envelope bearing on the outside the name of the bidder, its address, and the words "PARCELS 46,51 AND )<fit, to Airport Director's Office, 4116 St. Lucie Boulevard, Fort Pierce, Florida 34946. The deadline for submission is Rental Rate: 10:00 a.m. on April, 17,2002. Name of Bidder: ¡:- B..p 11 1·1 P ¡}- <1./25, -I1l/ie./f#tph~ c!C\/!o¡es. -S-~/&f ûkefJciohf't' ¡¿ö!, If. PI PK: C P (7 3'1'l'/7 ì)¡aK. ( d¿¡t't'! Address of Bidder: Telephone Number: í 7 .J 1./ ¿, I - Cl (l ø 3 Contact Person for Purposes of this Bid: ~ 8r:; /11'1 e .¡¡. Telephone Number of Contact Person: L( V (- tJ â ø ~ If a Corporation, where and when incorporated: If foreign corporation, date of registration with Florida Secretary of State, and name and address of Resident Agent - Type of business to be conducted on premises:l/f,e I L lr. (+Lt It' r" Attached statement of qualifications and experience in proposed type of business. 1 \... ..., BID FORM LEASE OF PARCELS 45,47 AND 47A In order to constitute an acceptable bid, all information requested below must be provided. The form must be submitted in triplicate in a sealed envelope bearing on the outside the name of the bidder, its address, and the words "PARCELS 45, 47 AND 47A", to Airport Director's Office, 4116 St. Lucie Boulevard, Fort Pierce, Florida 34946. The deadline for submission is 10:00 a.m. on April, 17,2002. Name of Bidder: -r 0~'11I1t?tJL- Rental Rate: .¡ :J. 7 +/4,-)('Hly:; PI./fJH Address of Bidder: ~;J., 7 Ok f' ~ C h "bro p QJ /.:-:¡.. , I~ ~;Jét (t' FI. :3'19 ~/ rIoJ~¡C5 .')¡J~ dCRe I Telephone Number: 7 7 ~ ¥P I - t) Iß;¡ Contact Person for Purposes of this Bid: -¡-: iš~ h 17 ¡tJ # Telephone Number of Contact Person: 1/# 1- IJ Pi!; ? If a Corporation, where and when incorporated: ~ If foreign corporation, date of registration with Florida Secretary of State, and name and address of Resident Agent Type of business to be conducted on premises: .4 ~ ¡ c.. ë.{ II tA It: e Attached statement of qualifications and experience in proposed type of business. 1 '-' ....J LEASE AGREEMENT THIS IS A LEASE AGREEMENT, by and between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, ("Lessor"), and T. BENNETT ("Lessee"). In consideration of the mutual promises and covenants contained in this Lease and other good and valuable consideration, the receipt of which is acknowledged, it is agreed between Lessor and Lessee as follows: 1. PREMISES. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, certain real property and improvements located more particularly described in Exhibit "A", attached hereto and incorporated herein, ("premises" or "leased premises"). 2. PURPOSE. Lessee agrees to use the premises for agricultural production. The use of the leased premised by the Lessee is specifically subject to the rules, regulations, and conditions promulgated by the Lessor, the Federal Aviation Administration or its successor agency, or by St. Lucie County, the State of Florida or any other federal, state, or local agency havingjurisdiction over the operations of S1. Lucie County International Airport and is further subject to the terms, conditions, and regulations imposed by the Lessor. 3. MUTUAL REPRESENTATIONS AND WARRANTIES. Lessee acknowledges that is has made, or had an opportunity to make, a thorough and complete inspection of the leased premises and is fully advised of its condition, nature of construction, if any, and state of repair. Lessee fully accepts the leased premises in its present state of condition. Lessor warrants that Lessor has full authority to enter into this Lease. 4. INDEMNIFICATION AGAINST CLAIMS. The Lessee is and shall be an independent 1 '-' ....., contractor and operator, responsible to all parties for all of its acts or omissions and the Lessor shall in no way be responsible for such acts or omissions. The Lessee shall and will indemnify and hold harmless Lessor from and against any and all liability, claims, demands, damages, expenses, fees, fines, penalties, suits, proceedings, actions, and costs of actions, including reasonable attorney's fees of any kind and nature arising or growing out of or in any way connected with the use, occupation, management, or control of the leased premises by the Lessee or its agents, servants, employees, customers, patrons, or invitees, arising out of or in any way connected with the operation or conduct of any business or businesses of the Lessee or its agent, servants, employees, customers, patrons, or invitees, whether on the leased premises or surrounding area, or resulting from injury to person or property, or loss oflife or property of any kind or nature whatsoever sustained during the term of this agreement, in or about the leased premises or surrounding area (except for injuries, damages or claims which are the result of the primary negligence of the Lessor and for which the Lessor is legally, directly, and primarily liable). 5. NO LIENS CREATED. Lessee covenants and agrees that it has no power to incur any indebtedness giving a right to a lien of any kind or character upon the right, title and interest of Lessor in and to the property covered by this lease, and that no third person shall ever be entitled to any lien, directly or indirectly derived through or under the other party, or its agents or servants, or on account of any act or omission of any other party. All persons contracting with Lessee, or furnishing materials or labor to Lessee, or to its agents or servants, as well as all persons whomsoever, shall be bound by this provision of the lease. 6. OPERATION COSTS. Lessee agrees promptly to pay when due all of its operating, maintenance and servicing charges and costs, including telephone, gas, electricity, water and sewer, 2 '-' """ and all other expenses incurred in and use and operation of the leased premises. Lessee agrees to obtain at its expense all permits and licenses which may be required by any governmental unit. Upon Lessor's request, at reasonable intervals, Lessee shall promptly furnish to Lessor evidence satisfactory to Lessor showing Lessee's compliance with its obligations under this section. Lessee shall be responsible for the payment of any and all ad valorem taxes and other taxes and/or assessments which may be assessed against the leased premises during the term of this Lease. 7. BANKRUPTCY OF LESSEE. Should Lessee, at any time during the term of this lease, file a voluntary petition in bankruptcy, or permit an involuntary petition in bankruptcy to be filed against it, or institute a composition or any arrangement proceeding under Chapter X or XI of the Chandler Act, or make any assignments for the benefit of its creditors, or should a receiver or trustee be appointed for Lessee's property because of Lessee's insolvency, and the appointment is not vacated within thirty (30) days thereafter, or should Lessee's leasehold interest be levied on and the lien not discharged within thirty (30) days after levy has been made, or should Lessee fail promptly to make the necessary returns and reports required of it by city, state and federal law, or should Lessee fail promptly to comply with all governmental regulations, city, state and federal, and should such failure in any manner jeopardize the rights of Lessor, then, and in such event, and upon the happening of either or any of such events, Lessor shall have the right, at its election, to consider the same a default on the part of Lessee of the terms and provisions of this lease, and, in the event of such default not being cured by Lessee within a period of thirty (30) days from the date of the giving by Lessor of written notice to Lessee of the existence of such default, Lessor shall have the option of declaring this lease terminated, and the interest of Lessee forfeited, or Lessor may exercise any 3 \.. -...I other rights conferred upon it by this lease. The pendency of bankruptcy proceedings or arrangement proceedings, to which Lessee shall be a party shall not preclude Lessor from exercising any of its rights. In the event Lessee, or the trustee or receiver of Lessee's property, shall seek an injunction against Lessor's exercise of any right, such action on the part of Lessee, its trustee or receiver, shall automatically terminate this lease as of the date of the making of such application. In the event the court shall enjoin Lessor from exercising any of its rights, such injunction shall automatically terminate this lease. 8. REPAIRS AND MAINTENANCE. Lessee agrees at is expense to keep and maintain the interior of leased premises, including grounds, furnishings, fixtures and personal property, if any, in a good state of repair and condition. Lessee shall comply with any aesthetic standards which the Lessor may subsequently adopt for its leased properties. Lessee agrees at its expense to make all routine repairs to the leased premises, including electrical, plumbing, sewer, sewer conditions, and all other repairs that may be required to be made, excluding structural and air conditioner, and Lessee at its expense will keep the building interior, fixtures and equipment in a good state of repair, in good condition and at all times well painted. Lessee at its expense agrees to deliver to Lessor upon the termination of this lease the entire leased premises in a good state of repair and condition, ordinary wear and tear, and damage by the elements or by fire excepted. Lessee shall, throughout the term of this lease, assume the entire responsibility and shall relieve Lessor from all responsibility for all routine repair and maintenance whatsoever to the premises and for all repairs necessitated by the actions of Lessee, as its agent, servants, employees, customers, patrons or invitees. Lessee shall keep the premises at all times in a clean and orderly condition and appearance and all of Lessee's fixtures, equipment and personal property which are located on any part of the premises which are open or 4 \w "" visible to the general public shall likewise be so kept and maintained. Lessee shall be responsible for the routine maintenance and repair of all fuel tanks and utilities service lines that Lessee is using (except common utilities, if any), including, but not limited to, service lines for the supply of water, gas, electricity and telephone service, sanitary sewers and storm sewers. Lessee shall, at all times during the term of this lease, take appropriate anti-erosion measures to prevent or restore erosion caused by Lessee, its agents, employees, or sublessees. In the event the Lessee fails in any material respect to so maintain, clean, repair, replace, rebuild the premises within a period of sixty (60) days after notice from Lessor to do so, or fails in any material respect diligently to pursue to completion such repair, replacement, or rebuilding, then Lessor may, at its option, and in addition to any other remedies which may be available to it, repair, replace, or rebuild all or any part of the premises included in such notice, and cost shall be payable by Lessee immediately upon demand of Lessor. 9. SIGNS AND OBSTRUCTION LIGHTS. Lessee shall have the right to erect, maintain or display any signs or any advertising on the exterior of the leased premises or within the leased premises, provided that such signs and advertising comply with all FAA, local government and airport rules, regulations and ordinances. 10. TERM: TERMINATION. The term of this lease shall begin on May l5, 2002, (hereinafter referred to as the "commencement date"), and shall terminate five (5) years from that date. Delivery of the possession of the premises to Lessee shall be made on the date of this Lease. The term of this lease may be extended upon the mutual consent of both parties. Either party shall have the right to terminate this lease without cause upon one hundred eighty (180) days prior written notice to the other party. 5 '- "'" 11. RENT. SECURITY DEPOSIT_ RENT CREDIT. AND ANNUAL ADJUSTMENT. Lessee shall pay as rent for the leased premises the annual rent in the amount of two hundred seventy-three and 77/100 dollars ($273.77) per month, plus all applicable sales, use, and like taxes. The monthly rental payments shall be due on the fifteenth day of the month. On the commencement date, Lessee shall pay a security deposit in the amount of two hundred seventy-three and 77/100 dollars ($273.77). Such deposit shall be governed by the procedures set forth in Section 83.49, Florida Statutes. Payment shall be by check made payable to "St. Lucie County" and delivered to 2300 Virginia Avenue, Administration Annex, Fort Pierce, Florida 34982, or such other location as directed in writing by Lessor. Lessee shall also pay all applicable sales tax imposed by federal, state and local governments. Beginning upon the commencement of the second year of the Lease and continuing each year thereafter, the Annual Rent shall be adjusted in accordance with the provisions hereinbelow. Said adjustments shall be computed one (1) month prior to the end of the preceding Term, or Renewal Term, as the case may be, with the adjusted Annual Rent to be paid in equal consecutive monthly installments. The adjusted Annual Rent for the applicable Term or Renewal Term shall be determined by multiplying the Annual Rent then in effect for the Term of this Lease by a fraction, the numerator or which is the Consumer Price Index (All Items and Major Group Figures for All Urban Consumers, U.S. City Average 1982-84 = 100, as computed by the United States Department of Labor, Bureau of Labor Statistics) (the "Index"), as of three (3) months prior to the expiration of the Term, or the Renewal Term, as the case may be, and the date of commencement of this Lease. Lessor shall provide Lessee with the new Annual Rent amount and Lessor's calculations to arrive at same within ten (10) days following the aforementioned calculation date. 6 '- ~ If the Lease Term commences on a date other than the first day of a month, Lessee is obligated to advance its first payment of gross monthly rent on a pro-rata basis, computed based upon the number of days remaining the month of commencement divided by the total number of days in the month of the Lease's commencement. 12. INSPECTION OF PREMISES. Lessor or its agents shall have the right to enter the leased premises and any improvements constructed on them at all reasonable business hours on twenty-four (24) hours notice for the purpose of inspecting the same, or for any other purposes not inconsistent with the terms of this lease. Lessor shall use its best efforts to not disturb the rights or business operations of Lessee or of any subtenants or occupants of the premises, except in the event of an emergency. At any time and from time to time during reasonable business hours within six (6) months next preceding the expiration of this lease agreement or immediately upon the determination by Lessor of abandonment or a breach of this lease by Lessee, Lessor shall have the absolute right to enter the premises for the purpose of exhibiting and viewing all parts of the same and to place and maintain on the premises "To Let" signs, which signs Lessee shall allow to remain without interference or hindrance. If, during the last month of the term of this lease agreement, Lessee shall have removed all or substantially an of its property from the premises, Lessor may immediately enter, alter, renovate and redecorate the premises. The exercise of any or all of the foregoing rights by Lessor shan not be construed to be an eviction of Lessee nor shall the same be grounds for any abatement of rental or grounds for any claim or demand for damages by Lessee against Lessor, consequential or otherwise. 13. APPROVAL OF CONSTRUCTION. Prior to any construction upon the premises by 7 \w "'" Lessee, including any alterations, changes or additions, Lessee shall submit to Lessor complete building plans for such proposed construction, and prior to such construction, the written approval of plans must be given by Lessor and the 81. Lucie County Community Development Department which approval will not be unreasonably withheld and any other applicable government or agency. 14. CONDEMNATION. If any part of the Premises shall be taken or condemned for a public or quasi-public use, and a part remains which is susceptible of occupation, the rent payable shall be reduced, commencing with the date title shall vest in the condemnor, to the amount determined by multiplying such rent by a fraction, the numerator of which is the areas of the Premises remaining after condemnation, and the denominator of which is the area of the Premises as of the date of condemnation. If Lessee determines that the remaining portion of the Premises is inadequate for the uses contemplated by this Lease, Lessee shall have the option to terminate this Agreement as of the date when title to the part so condemned vests in the condemnor. If all of the Premises shall be so taken, this Agreement shall terminate on the date when title to the Premises vests in the condemnor. If a part or all of the Premises be so taken or condemned, Lessee shall be entitled to that portion of any award for Lessee's loss of buildings and its furniture and fixtures, the cost of removing its property and the loss of the value of its leasehold interest in the land so taken. In the event of such taking, Lessor shall receive such portion of the award as is attributable to its reversionary fee interest in the land and any improvements comprising the Premises. Any portion of any condemnation award which is not specifically apportioned to Lessee, as aforesaid, shall be and become the property and belong to Lessor. 15. DEF AUL T IN RENT. Lessee agrees promptly to perform, comply with and abide with this lease, and agrees that time of payment and of performance are of the very nature and essence of 8 '-' '..I it. If any sums of money required to be paid by Lessee to Lessor shall remain unpaid for a period often (l 0) days after its due date and after ten (l 0) days written notice from Lessor stating that such ten (10) day grace period has expired, then Lessor shall have the following options and privileges: A. Lessor may declare one (1) year's rental as presently due and payable. Such declaration shall not be construed as a splitting of a cause of action, nor shall it alter or affect the obligations of Lessee to pay rent under the terms of this lease for the period unaffected by the declaration. B. Lessor may, after notice, terminate the lease. In addition to the options granted above, Lessor may exercise any and all other options available to it, which options may be exercised concurrently or separately with the exercise of the above options. 16. DEFAULT IN OTHER PROVISIONS. If Lessee shall default in the performance of any other term of this lease (except the payment of rent), then Lessor shall send to Lessee a written notice of default, specifYing the nature of the default, and Lessee shall, within thirty (30) days after the date of notice, cure and remedy the default, whereupon this lease shall continue as before. If Lessee shall fail to cure and remedy such default within the applicable time, Lessor shall have the right to declare, by written notice to Lessee, that the lease is in default, and to use all remedies available to Lessor, including, but not limited to, the default in rent, remedies, procedures and rights specified in subsections 15(a), l5(b), and 15( c) of this lease. If written notice of the default shall have been given to Lessee, and if Lessee, prior to the expiration of thirty (30) days from and after the giving of such notice commences to eliminate the cause of such default and proceeds diligently to take all steps and do all work required to cure such default and does so cure such default, Lessor shall not have the right to declare that lease term ended by reason of such default; provided, however, that the 9 '-' -...J curing of any default in such manner shall not be construed to limit or restrict the right of Lessor to declare the lease term ended and enforce all of its rights and remedies under this lease for any other default not so cured. 17. OWNERSHIP AT TERMINA TION. All buildings, structures and fixtures of every kind now existing or hereafter erected, installed or placed on the leased premises are the property of Lessor and shall be left in good condition and repair, ordinary wear and damage by the elements excepted. A fixture is defined as an article which was a chattel, but which, by being physically annexed or affixed to the premises by Lessee and incapable of being removed without structural or functional damage to the premises, becomes a part and parcel of it. Nonfixture personally owned by Lessee at the expiration of the term or earlier termination of this lease, for any reason, shall continue to be owned by Lessee, and at the time of such expiration or earlier termination, Lessee at its option may remove all such personally, provided Lessee is not then in default of any covenant or condition of this lease; otherwise, all such property shall remain on the leased premises until the damages suffered by Lessor from any such default have been ascertained and compensated. Any damage to the premises caused by the removal by Lessee of any such personalty shall be repaired by Lessee forthwith at its expense. 18. INSURANCE. The parties agree to the following provisions pertaining to insurance: A. Fire and Extended Coverage Lessee shall, at all times during the term of this lease and at Lessee's sole expense keep the leased premises insured against loss or damage by fire and hazards customarily insured by extended coverage in an amount greater than or equal to the fair market value of the leased premises. Such insurance shall be obtained from an insurance company licensed and authorized to do business in the State of Florida and shall designate Lessor as an additional named insured. A certificate of such insurance shall be provided by Lessee to Lessor at the time of execution of this lease, 10 '-' 'wi specifically providing that the insurance shall not be amended or canceled by the insurer until thirty (30) days advance written notice has been given to Lessor. B. Worker's Comoensation Lessee shall carry, maintain and pay for all necessary workman's compensation insurance in its own name, as required by law. C. Liability Insurance The Lessee shall, at its own cost and expense, promptly procure and pay for and at all time maintain a policy or policies of insurance in a company or companies acceptable to the Lessor, protecting and insuring the Lessor against any and all of the foregoing with coverage limits of not less than $500,000 for bodily injury and property damage as a result of any single occurrence concerning Lessee's operation of the leased premises. The described policies of insurance and all renewals of those policies shall be delivered to and held by the Lessor. The insurance policy shall provide Broad Form Comprehensive General Liability coverage and it shall include personal injury; products and completed operations; and contractual liability specifically insuring this Hold Harmless paragraph. The policy shall further name St. Lucie County as an additional named insured and shall provide a thirty (30) day notice of cancellation or non-renewal and a severability of interest endorsement. A certificate of such insurance shall be provided by Lessee to Lessor at the time of execution of this lease. D. Damage or Destruction to Leased Premises Except as otherwise provided in this lease, if the premises or any part of them (including any leasehold improvements), shall be damaged or destroyed, Lessee shall, to the extent of the insurance proceeds available, promptly repair or replace the same, and any insurance proceeds received with respect to such damage or destruction shall be applied to payment of the expenses of such repair or replacement, and any excess insurance proceeds shall belong to Lessee. Any other terms or provisions of this lease agreement pertaining to repair, alteration, construction or reconstruction by Lessee shall be binding upon Lessee in repairing or reconstructing the leased premises. If such a substantial portion of the leased premises is destroyed so that Lessee determines that Lessee cannot reasonably continue to utilize the leased premises until the same are repaired or replaced, then Lessee may elect to either repair or replace the same, to the extent of the insurance proceeds available, or to abstain from repairing or replacing the same and to terminate this agreement, whereupon any insurance proceeds shall be paid to the holder of any leasehold 11 \r 'WI mortgage which encumbers the leased premises in an amount equal to the outstanding balance of the loan and the balance of such proceeds, if any shall be paid to Lessor. 19. ASSIGNMENT AND SUBLEASING. Lessee may not sublease the leased premises, or any portion of those premises upon prior approval by the Lessor of the form sublease. Lessee shall not assign this agreement without the prior written consent of the Lessor. If Lessee is a corporation, partnership or other type of business entity other than an individual, there shall be no transfer of the control of such business entity without prior approval of Lessor, which approval shall not be unreasonably withheld. A transfer of control of the business entity shall be deemed to occur when the owner(s) of more than fifty percent (50%) of the proprietary interest in the business entity transfer, other than between themselves, their immediate families or their heirs, such proprietary interest to another person, firm, partnership, corporation or business entity. Any attempt to effect a sublease or assignment without Lessor's prior written consent shall be deemed a default subject to the remedies provided herein. 20. NOTICES. All notices required by law and by this lease to be given by one party to the other shall be in writing, and the same shall be sent by certified mail, return receipt requested to: Lessor: Board of County Commissioners 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 With copies to: St. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 S1. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 Lessee: T. Bennett 5219 Okeechobee Road Fort Pierce, Florida 34947 12 ~ ..,., or to such other addressees) as Lessor or Lessee may designate by writing to the other. The effective date of any notice shall be the date that such notice is received or refused. 21. SEVERABILITY. If any section, subsection, sentence, clause, provision or part of this agreement shall be held invalid for any reason, the remainder of this agreement shall not be affected. 22. LEASE NOT EXCLUSIVE. Any term, provision or condition in this lease to the contrary notwithstanding, it is specifically understood and agreed that this lease is not exclusive, and that Lessor shall be entitled to lease to competitors of Lessee within the Lessor's property. 23. NONDISCRIMINATION. Lessee, in exercising any of the rights or privileges granted to it shall not on the grounds of race, color or national origin discriminate or permit discrimination against any persons or group of persons in any manner prohibited by Part 21 of the Regulations of the Secretary of Transportation. Lessor is granted the right to take such action, anything to the contrary in this lease notwithstanding, as the United States may direct to enforce this nondiscrimination covenant. 24. SUBROGATION. Lessor shall have the option, without waiving or impairing any of its rights, to pay any sum or perform any act required of Lessee, and the amount of any such payment and the value of any such performance, together with interest, shall be secured by this lease, and shall be promptly due and payable to Lessor. 25. STANDARD PROTECTION CLAUSES. Lessor reserves the right to itself, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the leased premises, together with the right to cause in the airspace such noise as may be inherent in the operation of aircraft, now known or later used, for the navigation of or flight in airspace, and for use of airspace for landing on, taking off rrom or 13 · \.r ...., operating on the St. Lucie County International Airport. Lessee expressly agrees for itself, its successors and assigns to restrict the heights of structures, objects of natural growth or other obstructions on the leased premises, to such a height so as to comply with Federal Aviation Regulations, Part 77. or any other applicable state, federal, or local regulation. Lessee expressly agrees for itself, its successors and assigns to prevent any use of the leased premises which would interfere with or adversely affect the operation or maintenance of the St. Lucie County International Airport, or otherwise constitute an airport hazard. 26. INTEREST. All delinquent payments to Lessor shall bear interest at the rate equivalent to the periodic composite of current annual interest rates on five (5) year United States Government agency issues in effect as of the date of delinquency, but not less than ten (10%) per annum. Such interest shall be calculated from the due date after the expiration of any applicable grace period to the date of payment, on a daily basis, and will be due and payable when billed. 27. FORFEITURE. If Lessee shall fail to keep and perform any of the covenants, conditions, and agreements in this lease provided to be performed by Lessee, and such default is not remedied within the grace period provided elsewhere in this lease, Lessor shall have the right to treat such default as intentional, inexcusable and material, and Lessor, by notice in writing transmitted to Lessee, may at its option declare Lessee's interest under this lease ended and without further force. Thereupon, Lessor is authorized to re-enter and repossess the leased premises, and the buildings, improvements and personal property located on them, either with or without legal process, and Lessee does in such event waive any demand for possession of the property, and agrees to surrender and deliver up the leased premises and property peaceably to Lessor. In the event of such forfeiture, Lessee shall have no claim whatsoever against Lessor by reason of improvements made upon the 14 '-' ...", premises, rents paid, or from any other cause whatsoever. The provisions of this paragraph shall not be construed so as to divest Lessor, in the event of such default, of any legal right or remedy which it may have by statutory or common law, enforceable at law, or in equity. It is intended that the provisions of this paragraph shall afford to lessor a cumulative remedy, in addition to such other remedy or remedies as the law afford a Lessor when the terms of a lease have been breached by a Lessee. 28. NONWAIVER. Failure of Lessor to insist upon the strict performance of any of the covenants, conditions and agreements of this lease in anyone or more instances, shall not be construed as a waiver or relinquishment in the future of such covenants, conditions and agreements. Lessee covenants that no surrender or abandonment of the leased premises or of the remained of the term shall be valid unless accepted by Lessor in writing. Lessor shall be under no duty to relet the premises in the event of an abandonment or surrender or attempted abandonment or attempted abandonment of the leased premises by Lessee. Upon Lessee's abandonment or surrender or attempted abandonment or attempted surrender of the premises, Lessor shall have the right to retake possession of the leased premises or any part of them, and such retaking of possession shall not constitute an acceptance of Lessee's abandonment or surrender. 29. REMOVAL OF LESSEE'S PROPERTY BY LESSOR. If, under the terms of this lease agreement, Lessee is entitled to remove its property from the premises, but shall fail to do so on or before the termination or expiration of the term or on or before the termination or expiration ofthis lease agreement for any other cause specified herein then Lessor may remove such property and retain the same in its possession, and may sell the same at public auction, the proceeds of which shall be applied first to the expenses of such removal and storage and sale, and the balance paid to Lessee 15 \.r ...." upon the demand of Lessee, providing that the proceeds of such sale exceed the expenses of such removal, storage and sale. 30. OUIET ENJOYMENT. Lessor covenants, warrants and agrees that Lessee shall be entitled peacefully to enjoy, to occupy and to possess the Premises throughout the lease term without interference, hindrance or molestation. Wherever this lease requires Lessors consent or approval such consent or approval will not be unreasonably withheld. 31. RIGHT TO RECORD. Lessee shall have the right at its expense, to record this lease in the Public Records of St. Lucie County, Florida. 32. DATE OF THIS AGREEMENT. Any reference in this lease to the words "date of this agreement" or "date of this lease" shall be deemed to be the date this lease is executed by the party last executing same. 33. 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 Agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. Any conflicts between exhibits to this Agreement and this Agreement, shall be interpreted in favor of this Agreement. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. 34. VENUE. In the event of a dispute between the parties in connection with this 16 \.,. ,.." Agreement, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. IN WITNESS WHEREOF, Lessee has executed this Lease Agreement on this day of , 2002. WITNESSES T. BENNETT BY: T. BENNETT STATE OF FLORIDA COUNTY OF ) ) ss ) BEFORE ME, the undersigned authority, personally appeared T. BENNETT, being duly sworn, deposes and says that he has read and executed the foregoing instrument and acknowledged to and before me that he executed said instrument for the purposes therein expressed on this _ day of , 2002. Notary Public State of Florida My Commission Expires: (Notary Seal) Personally Known _ Produced Identification _ Type ofIdentification Produced: 17 '-' ...., IN WITNESS WHEREOF, Lessor has executed this Lease Agreement on this _ day of ,2002. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY STATE OF FLORIDA ) ) ss COUNTY OF ST. LUCIE ) BEFORE ME, the undersigned authority, personally appeared DOUG COWARD, chainnan of the S1. Lucie County Board of County Commissioners, being duly sworn, deposes and says that he has read and executed the foregoing instrument and acknowledged to and before me that she executed said instrument for the purposes therein expressed on this _ day of 2002. Notary Public State of Florida My Commission Expires: (Notary Seal) Personally Known _ Produced Identification _ Type of Identification Produced: g:\atty\agreemntllease\bennett. wpd 18 \.. ....., EXHIBIT" A" LEGAL DESCRIPTION OF LEASED PREMISES A parcel ofland lying in and being a part of Section 24, Township 34 South, Range 39 East, St. Lucie County, Florida, being more particularly described as: Parcel 45: The East Yz of the following described property: South Yz of the SW 1/4 of the NW 1/4 less the North 626.66 feet and less the West 71 feet for rights-of-way; and the North Yz of the NW 1/4 of the SW 1/4, less the West 71 feet for rights-of-way, in Section 24, Township 34 South, Range 39 East, St. Lucie County, Florida. (Parcel ID No. 1324-333-0026-000/2) Parcel 47: The South Yz of the Northwest 1/4 of the Southwest 1/4 of Section 24, Township 34 South, Range 39 East, less the West 7l feet for Kings Highway and Canal 4 rights-of-way, St. Lucie County, Florida, LESS the North 150 feet of the West 417 feet of the South 330 feet of the South Yz of the Northwest 1/4 of the Southwest 1/4 of Section 24, Township 34 South, Range 39 East, less the West 71 feet for road and canal rights-of-way, St. Lucie County, Florida. (Parcel ID No. 1324-323-0001-000/7) Parcel 47A: The North 150 feet of the West 417 feet of the South 330 feet of the South Yz of the NW 1/4 of the SW 1/4 of Section 24, Township 34 South, Range 39 East, less the West 71 feet for road and canal rights-of-way, St. Lucie County, Florida. (Parcel ID No. 1324-323-0002-000/4) Parcel 46: The Northeast 1/4 of the Southwest 1/4 less, the East 80 feet thereof and the South Yz ofthe Southwest 1/4, less the West 71 feet and less the East 80 feet, Section 24, Township34 South, Range 39 East, St. Lucie County, Florida. (Parcel ID No. 1324-311-0001-000/0) Parcel 51: A parcel of land lying in and being a part of Section 25, Township 34 south, Range 39 East, St. Lucie County, Florida being more particularly described as: the North Yz of the Northwest 1/4, less the West 71 feet and less the East 80 feet, Section 15, Township 34 South, Range 39 East, St. Lucie County, Florida. (Parcel ID No. 211-0000-000/9) 19 .\ - ~' . \.r AGENDA REQUEST ITEM NO!" c - 7 A DATE: May 7,2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PUBLIC WORKS DEPT-ROAD & BRIDGE DIV . Scott Herring, Manager Road & Bridge Division SUBJECT: Requesting approval of the first amendment to the Aquatic Vegetation Contract (C01-02-278). BACKGROUND: The addendum is to provide for aquatic vegetation services for two (2) additional retention areas; at Old Dixie Highway and North Bridge Causeway. The amount of the contract will increase by $93.50 per monthly cycle. The new contract total is $22,999.50 annually with this increase, contracted with Aquagenix a division of DeAngelo Brothers, I nc. See attached contract addendum. FUNDS AVAILABLE: 101-4110-534000-400 Other Contractual Services PREVIOUS ACTION: Original Contract #C01-02-278 aooroved bv BOCC February 6.2001 RECOMMENDATION: Staff recommends the approval of the first amendment to the Aquatic Vegetation Contract to provide aquatic vegetation services for two additional retention ponds in St. Lucie County, in the amount of $654.50 for the remaining 7 months of this contract term and authorize the Chairman to sign the contract as prepared by the County Attorney. COMMISSION ACTION: " APPROVED [ ] OTHER: [ ] DENIED ./ D M. Anderson County Administrator [X] County Attornex ~' Coord ination/S i¡¡natures [X] Mgt. & Budget I ] Co. Eng tw wrnt¡ [X] Purchasing ~[2~ [X] Originating Dept. Public Works [ ]Finance (ck. for copy only) l ] Other · ~ ~ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Dewey Hudman, Projects Supervisor, Road & Bridge Division FROM: Katherine Mackenzie-Smith, Assistant County Attorney ¡rv--5 02-427 C.A. NO.: DATE: March 22, 2002 SUBJECT: Addendum to Aquatic Vegetation Contract ------------------------------------------------------------------------------- ------------------------------------------------------------------------------- Attached is a draft First Amendment to the contract with Deangelo Brothers Inc. tla Aquagenix. If the Amendment is acceptable, please process four copies to the Contractor for signature and 'fR"O"Cess for Board approval. KMSI caf Attachment MAR 2 6 2002 ~ ....,; FIRST AMENDMENT TO CONTRACT THIS FIRST AMENDMENT, is made this day of 2002, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "COUNTY," and DEANGELO BROTHERS INC. T/A AQUAGENIX, or his, its or their successors, executors, administrators, and assigns hereinafter called the "CONTRACTOR," WHEREAS, on February 6,2002, the parties entered into a Contract whereby the Contractor agreed to provide aquatic vegetation services for County Right-of- Way, Waterways, Lakes and Ponds; and WHEREAS, the parties desire to amend the Contract, to provide for aquatic vegetation services at two (2) additional retention areas. NOW THEREFORE, in consideration of the benefits accruing to each party, the parties agree to amend the Contract as follows: 1. Paragraph 2 of the Contract is hereby 'amended by the addition of the following: In addition to the Work described in Paragraph Two (2) of the Contract, it is agreed that the Work to be done under this Contract shall also include the additional work described in Exhibit II A" to this Amendment. -1- ~ ..." 2. Except as specifically amended herein, the remaining terms and conditions of the Original Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment on the date as indicated below. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN Date: APPROVED AS TO FORM AND CORRECTNESS: BY: COUNTY ATTORNEY WITNESSES: /ø~~ DEANGELO BROTHERS INC. T / A AQUAGENIX BY: a-;AcP--4 5/}J7,rR / Print Name: 76. 111 e ~ g (Vi?'! I -(' r'I Title: 5// ¡) 74 ~"- ç1 S <l ! ~ç J11 ð- Vl lL d" 1;--.. / Date: tJ tf I II I ()  G:\A TTY\KA THERIN\ContrGcts\a-cquagenix.wpd -2- F~~>22.02 09:12a aC ua~enix IaIPB 561BBl12Q3 .., p.2 '-" ~ Aquagenlx Manaçing YQur Liq\Jld Asse" Contract Addendum Issue Date: 2122/02 St. Lucie County Div. Of Road & Bridge Attention: Buddy Joyner Board of County Commissioners, St. Lucie County 2300 Virginia Ave. Ft. Pierce, FL 34982-5652 (561) 462-2511 Account Number: 05-5038 Effective Date: 3/1/02 This Addendum modifies the current agreement between Aquagenix and Customer. All of the standards of the original agreement apply to this addendum. With signed authorization, Aquagenix win provide the following: Scope Of Work: 2 Retention areas at Old Dixie Highway & North Bridge Causeway in Ft. Pierce. Miscellaneous grass and brush control, aquatic plant control, mowinglweedeating ditchbanks. Add 1 Delete: Add - Addendum to Contract #C01-02-278, PO#P221 Q352 ($50,000.00) Visit Schedule: One (1) visit per month @ $93.50 per month for seven (7) months until 9/30/02 to coincide with PO#P2210352. The Total Contract Amount prior to this Addendum was: The Total Contract Amount will be Increased lDecreaseQ b The New Contract Total Amount after this Addendum is: $22,345.00 $654.50 $22,999.50 AQUAGENIX CUSTOMER DATE 1374 N. KilHan Dr., *A & B, Lake Park, FL33403 (561) 881-1291 - Fax (561) 881-1293 ·'tlll ~~~1 "It' , ........ \.r AGENDA REQUEST ITErJt1tO. C-7B DATE: May 7,2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] - TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PUBLIC WORKS DEPT-ROAD & BRIDGE DIV SUBJECT: Termination of contract#C01-1 0-031 for mowing & litter pickup services (Subdivision #2 Contract) and permission to advertise for bids for the Subdivision #2 Mowing Contract. BACKGROUND: By mutual agreement, both the County Project Manager and Dunn's Tractor Service agree to terminate Contract #C01-1 0-031 for mowing and litter pickup services for Subdivision #2. Attached is the 30 day notice of termination to the contractor. The contract was for a term of three (3) years with two (2) one year options. Upon approval of the termination, we request the Board grant permission to advertise for bids for this contract. The new contact period will be for a period through September 30, 2004, with two one year extensions. FUNDS AVAILABLE: 101-4110-534000-400 - Other Contractual Services PREVIOUS ACTION: Permission to Advertise on Julv 24.2001. Bid #01-068 award October 2.2001 RECOMMENDATION: Staff Recommends that the Board authorize termination of contract #CO 1-10-031 for Subdivision #2 Mowing & Litter Pickup services, by mutual agreement of both parties and grant permission to advertise for bid on a new contact for mowing services with St. Lucie County. COMMISSION ACTION: . APPROVED n OTHER: [ ] DENIED [XI County Attorney [XI Originating Dept. Public Works t~ llÅ Coordi nation/Si IInatu res [X] Mgt. & BUdget~ [ ] Co. Eng [X] Purchasing /Jf- [ ]Road & Bridge Mgr. [ ] Finance (check for copy only, if applicable) '-' ..".¡ J. ( PUBLIC WORKS DEPARTMENT BOARD OF COUNTY COMMISSIONERS May 7,2002 Mr. Howard Dunn, Jr. Dunn's Tractor Service Post Office Box 12905 Fort Pierce, Florida 34979 Re:Notice to Terminate Subdivision #2 Mowing &Litter Pickup Contact - C01-10-031 Dear Mr. Dunn: This letter is to inform you that the St. Lucie County Commission approved termination of the above referenced contract for mowing and litter pickup services as per Paragraph 21B. This termination is by mutual agreement of both parties as discussed with 30 days notice from the date of this letter, and will be effective June 7, 2002. If you have any questions, or need additional information please contact me at 462- 2717 or via email atsherring@co.st-Iucie.fl.us. Sincerely, J. Scott Herring, P. E. Road & Bridge Manager JSHjsb. cc: Ray Wazny, Public Works Director P. M. Bowers, Asst. Public Works Director Elbert Stewart, Maintenance Operations Supervisor Gordon Joyner, Maintenance Field Foreman Dan McIntyre, County Attorney JOHN D ß~UHN. Disrricr No. l' DOUG COWA~D, District No.2' PAULA A. LEWIS. Disrrier No J . FRANNIE HUTCHINSON. District No.4' CLIFF ßA~NES. District No.5 County Administrator - Douglas M_ Anderson 2.300 Virginia Avenue · Ft. Pierce, FL 34982 Public Worl~s: (561) 462-1485 · FAX (561) 462-2362 Division of Engineering: (561) 462-1707 Fax 462-2362 . Division of P-oad & ßridge: (561) 462-2511 FAX 462-2363 Division of Solid Waste: (561) 462-1768 FAX 462-6987 Division of ßuilding & Inspections: (561) 462-1553 Fox 462-1735 . TDD (561) 462-1428 ~ ....., .,j:, Subdivision #2 Mowing Contract THIS CONTRACT, made this day of A. D. 2002, between ST. LUCIE COUNTY, a political Subdivision of the State of Florida, hereinafter called the "COUNTY" and , or his, its or their successors, executors, administrators, and assigns hereinafter called the "CONTRACTOR": WITNESSETH: 1. PURPOSE That the Contractor agrees with the County, for the consider- ation herein mentioned, at his, its or their own proper cost and expense to do all the work and furnish all the materials, equipment, supplies and labor necessary to carry out this Agreement in the manner and to the full extent as set forth in the proposal and the accompanying plans, specifications, addenda if any, mowing schedules as prepared by the St. Lucie County Road and Bridge Division of Public Works, and drawings, and they are as fully a part of the Contract as if hereto attached or herein repeated, and under security as set forth in the attached Contract bond, and to the satisfaction of the duly authorized representatives of St. Lucie County, who shall have at all times full opportunity to inspect the materials to be furnished and the work to be done under this Agreement. 2. GENERAL DESCRIPTION OF WORK It is agreed that the work to be done under this Contract is: A. Maintaining the following roads or areas: CONTRACT # - SD 2 ROAD OR AREA Evergreen Ave N. 52nd Court N. 51st Court N. 51st St N. 50th St N. 49th St N. 48th St N. 47th S t N. 46th St N. 45th St N. 44th St DESCRIPTION Southwest Dr to Angle Rd Angle Rd to North End Angle Rd to North End Angle Rd to North End Angle Rd to North End Ave Q to North End Ave Q to North End Ave Q to North End Ave Q to North End Ave Q to North End Evergreen Ave to N. End MILES .50 .05 .10 .15 .20 .25 .25 .25 .25 .25 .10 1 ROA~ OR ~A N.'43rdSt N. 42nd St So. West Dr Avienda Ave Matanzas Ave Juanita Ave El Nueva Ave San Diego Ave Barcelona Ave So. Canal Ave N. 53rd St N. 51st St N. 49th St N. 47th St N. 45th St N. 44th St N. 43rd St N. 42nd St N. 41st St N. 45th St N. 44th St N. 43rd St N. 42nd St N. 41st St N. 39th St N. 37th S t N. 35th St N. 33rd St Metzger Rd Ave F Ave G Sloan Rd Ave I Ave J Ave K Ave L Ave M Ave N Ave 0 Ave P Ave Q Ave R Ave S Ave T Grady Ave. Barcelona Ave San Diego Ave Valencia Ave Juanita Ave Avienda Ave San Marcos Ave Matanza Ave Woodward Ave N. 23rd St N. 21st St .....1 DESCRIPTION Evergreen Ave to N. End Evergreen Ave to N. End Ave Q to North End N. 53rd St to N. 41st St N. 53rd St to N. 41st St N. 53rd St to Sheraton Rec N. 51st St to N. 47th St Keen Rd to N. 41st St N. 51st St to N. 45th St N. 53rd St to N. 41st St Angle Rd to Matanzas Ave So. Canal to N. Canal So. Canal to N. Canal San Diego Ave to N. Canal So. Canal to N. Canal So. Canal to N. Canal So. Canal to N. Canal So. Canal to N. Canal So. Canal to N. Canal Ave M to North End Ave M to Ave Q Ave M to Ave R Ave M to Ave R Ave T to Angle Rd Angle Rd to Ave T Ave T to Metzger Rd Ave T to Metzger Rd Ave Q to Ave G N. 45th St to East End N. 41st St to East End N. 39th St to N. 33rd St Angle Rd to N. 33rd St N. 41st St to N. 33rd St N. 41st St to N. 33rd St N. 41st St to N. 33rd St N. 41st St to N. 33rd St N. 41st St to N. 33rd St N. 41st St to N. 33rd St N. 45th St to N. 33rd St N. 41st St to N. 25th St Angle Rd to N. 25th St N. 42nd St to N. 25th St N. 41st St to N. 25th St N. 42nd St to N. 25th St N. 25th St to E. End N. 25th St to E. End N. 25th St to E. End N. 25th St to E. End N. U.S. 1 to Sheraton Rec Ent N. 25th St to N 17th St N. 25th St to Woodward N. 25th St to Woodward N. 25th St to N 17th St Grady Ave to Woodward Grady Ave to Matanza 2 Ent MILES .10 .05 .25 .75 .75 1. 30 .25 1. 00 .40 .75 .50 .50 .50 .35 .50 .40 .50 .50 .50 .20 .25 .30 .30 .85 .95 .90 .90 .60 .80 .25 .20 .65 .50 .50 .50 .50 .50 .50 .60 .50 1. 45 .95 .90 .95 .60 .65 .65 .65 1. 30 .50 .40 .30 .50 .50 .40 · . .... '-' ROAD OR AREA N. 19th St N. 17th St N. 15th St W. 21st Ct E. 21st Ct Shorewinds Dr Mooring Lane Sea Oats Dr Windham Lane Oak Drive Tamarino Dr N. Ocean Dr Atlantic Bch Blvd Bimini Drive Bermuda Drive Marina Drive Flotilla Terr Palomino Dr Appaloosa Ct Clydesdale Ln Mustang Cir Timberlakes Dr pine Marten Ln C1earlake Ln Shadylake Ln pine Burke Ln Henry's Rd Heil Rd Jernigan Rd Hidden pines Lonesome Pine Tr Tall Pines St Woodcrest Dr Cody Lane DESCRIPTION Grady Ave to San Marcos Grady Ave to Woodward Grady Ave to Juanita Ave Juanita Ave to San Marcos Juanita Ave to San Marcos Atlantic Bch Blvd to N Ocean Dr Atlantic Bch Blvd to N Ocean Dr Atlantic Bch Blvd to N Ocean Dr Atlantic Bch Blvd to Oak Drive Mooring Lane to Flamingo Blvd Flamingo Blvd to Shorewinds Dr Shorewinds to Sea Oats Drive Shorewinds to South End Flotilla Terrace to W. End Flotilla Terrace to W. End North AlA to West End North AlA to South End McCarty Rd to Mustang Cir Clydesdale Ln to East End Palomino Dr to Appaloosa Ct Palomino Dr to Palomino Dr Angle Rd to S. End Timberlakes Dr to E. End Timberlakes Dr to E. End pine Burke Ln to W. End Timberlakes Dr to S. End S.FFA to Jernigan Rd S. FFA to Jernigan Rd Henry's Rd to Heil Rd Coolidge Rd to W. End Tall Pines St to W.End Hidden Pines to Lonesome Pine Tr Orange Ave to N. End Angle Rd Ext. to S. End TOTAL MILES! ....J MILES .40 .30 .25 .10 .10 .25 .20 .20 .05 .15 .05 .02 .60 .27 .40 .30 .25 .30 .26 .40 .20 .30 .08 .08 .10 .20 .35 .40 .45 .40 .25 .20 .45 .33 42.79 B. Each roadside can be cut up to ten (10) times during each fiscal year of the contract, in accordance with the Schedule provided by the Project Manager or his designated representative. Payment will be at per cycle cost. C. The areas must be cut to a length of no more than four (4) inches. D. All large items (tires, tree limbs, appliances, etc.) must be moved prior to each mowing cycle as part of the procedure of maintenance and notify County for pickup. E. All paper and trash debris will be picked up and removed if Litter Pickup Option #2 of Bid Form is exercised. 3 \w' """" F. County rights-of-way must be entirely maintained including litter pickup (if option is exercised): front, center and back slopes. It will be required that in the event of a flooded area, the maintenance will be performed in that area at a later date. Some areas may require the use of a boom type mower so that the shoulder, the flowline of the ditches, and the back slopes will not be damaged. It is the responsibility of the Contractor to have the proper equipment to perform this type of mowing maintenance. G. All traffic signs, guardrail, mailboxes and power poles must have weedeating performed after each mowing cycle. H. Proper precautions must be taken to maintain traffic control whenever necessary. 3. PROJECT MANAGER The Project Manager for the County is the Road and Bridge Manager or his representative at (772)462-2511. The Project Manager for the Contractor is at( ) 4. CONTRACT DOCUMENTS The Contract Documents which comprise the Contract between the County and the Contractor are attached hereto and made part hereof and consist of the following: A. This Contract, pages 1 through 25 inclusive. B. Contractor's Bid. C. Specifications, consisting of: Invitation to Bid. Instructions to Bidders. D. Addendum #1 Correction of Day & Date for Pre-bid meeting. E. Addendum #2 - Correction of Insurance Liability Limits. F. Insurance Certificates, which shall be provided by the Contractor,along with return of this executed Contract. G. Any Modifications, including change orders, duly delivered after execution of this Contract. 5. PERFORMANCE GUARANTY That Contractor guarantees to repair, replace or otherwise make good to the satisfaction of the County any defect in workmanship or material appearing in the work; and further guarantees the successful performance of the work for the service intended. Neither inspection nor payment, including final payment,by the County shall relieve the Contractor from his or its obligations to do and complete the work in accor- dance with this Agreement.If the County deems it inexpedient 4 '-' ..., to require the Contractor to correct work, an equitable deduction from the made therefore or in the alternative, damages. deficient or defective contract price shall be the County may sue for 6. TIME OF PERFORMANCE The Contractor shall begin work within fourteen(14)calendar days after the signing, execution and delivery of written notice to proceed. Succeeding assignments shall begin not more than five (5) days after issuance of subsequent work documents. Work shall proceed with litter pickup followed by mowing, followed by weedeating. The work shall be conducted in such a manner and with sufficient labor, materials, tools, and equipment necessary to complete the work within the time limit set forth in the Contract. Should the organization of the Contractor, or its management, or the manner of carrying on the work be manifestly incompetent, or inadequate to do the work specified within the stated time, then the County shall have the right to take charge of the work and finish it and provide the labor, materials and equipment necessary to complete the work as planned within the required time and to charge the cost of all such work against the Contra tor and his, or its Surety shall be held responsible therefore. The Contractor fully understands and agrees that the County shall not pay for any obligation or expenditure made by the Contractor prior to the effective date of this Contract, unless the County authorizes such payment in writing. 7. TERM The Contract term will begin at the date found above, and terminate, September 30th, 2004. At the option of the parties this Agreement may be renewed for two(2) additional one (1) year periods upon the same terms and condi tions herein specified and at the rate specified in the bid response for option year. This option shall be deemed exercised and the contract renewed for an additional one(l)year period upon the County's written notification to Contractor that it will exercise this option to renew. Such written notification shall be given thirty days prior to the expiration of this Contract. 8. STATUS OF WORK The County will be advised, at its request, as to the status of work being done by the Contractor and of the details thereof. Coordination shall be maintained by the Contractor with he proj ect Manager. Either party to the contract may request and be granted a conference. The Project Manager shall have the authority to suspend the work, wholly or in part, for such period or periods as may be deemed necessary due to conditions that are considered un- favorable for the prosecution of the work, or for such time 5 '-' ....., - , as is necessary due to the failure on the part of the Con- tractor to comply with any or all provisions of the contract. Such suspension shall be ordered in writing, giving in detail the reasons for the suspension. Should inclement weather limit or stop the Contractor from working, the Project Manager will be notified of work stoppage and the units actually completed and accepted will be paid for at Contract unit prices. It shall be the responsibility of the Contractor to schedule work in a manner that work delays, stoppages and rework requirements are minimized. Should the work be manifestly incompetent or inadequate, then the County shall have the right to take charge of the work and finish it and provide the labor, materials and equipment necessary to complete the work as planned within the required time to charge the cost of all such work against the Contractor. 9. PRE-WORK CONFERENCE The County's Project Manager will call a pre-work conference prior to the beginning of work by Contractor to review the proposed work with the Contractor and other affected parties. The County's Project Manager will provide the Contractor with a work document showing the location and estimated units of work to be performed. Upon completion of assigned work the Contractor will notify the County's Project Manager and certify that the work quan- tities and quality were accomplished in accordance with these specifications. This certification will be accomplished by the signing and return of the work document. The County's Project Manager will review the completed work to verify the quantity and quality prior to approving the daily work document. See attached Document "A". 10. WORK ASSIGNMENT AND PLANNING The Project Manager will notify the Contractor when to pro- ceed with work by issuance of a work document. The Contractor will be expected to begin work within five (5) working days of the issue of the respective work document. The initial work document will allow fourteen (14) calendar days to respond. All work begun shall be worked in a continuous and expedi tious manner. Work shall proceed wi th litter pickup, followed by mowing, followed by weedeating. Failure to do so may constitute unsatisfactory progress. If the Contractor does not begin work by the end of the fifth day, excluding the date of initial notification, a delinquency penalty of $50.00 per 6 '-' ...,,; working day will be charged and deducted from payment thereafter until the work begins. Work documents will identify the location, description and amount of work to be accomplished. 11. ALTERATION IN SCHEDULE During the execution of this contract, the County's Project Manager shall have the right to make alterations in the mowing schedule as may be necessary to obtain satisfactory completion of the specified work. No alterations will be made that result in substantial change in the general character of the work or significantly reduce daily production. 12. CONTROL OF WORK Authority of the County's Project Manager. A. All work shall be done to the satisfaction and under the supervision of the County's Project Manager. B. Other work may be in progress by the County or under separate contract. The Contractor shall cooperate with others and shall not be entitled to extra compensation or adjustments to contract unit prices because of dele- tion of work items or delay because of work by others. 13. WORK SCHEDULE The Contractor shall perform his any inconvenience to adjacent motoring public. operations so as to minimize businesses, residences and All work shall be performed during daylight hours. No work shall be done when weather conditions limit good visibility to less than 500 feet. No work shall be performed on Sunday or on Thanksgiving Day, Christmas Day, New Year's Day, Memorial Day, Independence Day or Labor Day. When any of these holidays falls on a Sunday, no work under this contract shall be done on the following Monday. If it falls on a Saturday, no work shall be done on the preceding Friday. No work shall commence on subsequent work documents until the satisfactory completion or progress of previously issued assignments has been confirmed. The only exception to this occasion is when the Project Manager determines that such other work is in the best interest of the County and should be expedited. 7 ~ 14: PERMITS, NOTIFICATION AND FEES -...I It shall be the Contractor's responsibility to secure all permits necessary to conduct the work in accordance with required regulations and to notify all applicable utilities or parties affected by his operations. He shall further be responsible for all fees associated with the performance of this Contract. No work shall be performed under the provisions of this contract on any properties outside the limits of the County maintained right-of-way wi thout the express wri tten permission of the affected landowner. Any such permission shall be secured by the Contractor and shall identify the provisions under which such work is to be performed and shall not constitute a liability to the County nor relieve the Contractor of his responsibilities/obligations. 15. COMPENSATION The Contractor shall be paid a sum of dollars upon the satisfactory completion of each cycle of mowing per the term of the contract. A cycle shall consist of mowing each Roadside & Litter Pick-up described in Paragraph 2 one time. Contractor shall submit an invoice for payment to the County's Project Manager upon verification by the Project Manager that the cycle has been completed pursuant to the specifications established in the Contract, the invoice shall be processed for payment. If the cycle has not been completed pursuant to the specifications,payment shall be withheld until the cycle is satisfactorily completed. The total annual compensation shall not exceed the bid dollar amount, per attached bid form, marked Exhibi t "A". 16. AUDIT The Contractor agrees that the County or any of its duly authorized representatives shall, until the expiration of three years after expenditure of funds under this Contract, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Contractor involving transactions related to this Contract. The Contractor agrees that payment (s) made under this Contract shall be subject to reduction for amounts charged thereto which are found on the basis of audit examination not to constitute allowable costs under this Contract. The Contractor shall refund by check payable to the County the amount of such reduction of payments. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or three (3) years after completion of the project and issuance of the final certificate, whichever is sooner. 8 \w 17: PUBLIC RECORDS -...I The Contractor shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Contractor in conjunction with this Contract. 18. INSURANCE A. PUBLIC LIABILITY The Contractor shall maintain during the lifetime of this Contract regular Contractor's Public Liability Insurance providing for a limit of not less than One Million Dollars ($1,000,000.00) for all damages arising out of bodily injuries to or death of one person, and subject to that limit for each person, a total of Three Million Dollars ($3,000,000.00) for all damages arising out of bodily injuries to or death of two or more persons in anyone accident, and the regular Contractor's Property Damage Liabili ty Insurance providing for a limit of not less than Two Million Dollars ($2,000,000.00) for all damages arising out of injury to or destruction of property during the policy period. If any part of the work is subject, similar insurance shall be provided by or in behalf of the subcontractors to cover their operations. B. WORKER'S COMPENSATION The Contractor shall procure and maintain, through the term of this Contract, Worker's Compensation Insurance in accordance with the laws of the State of Florida and in amounts sufficient to secure the benefits of the Florida Workman's Compensation law for all employees of the Contractor and all subcontractors. The Worker's Compensation Insurance policy required by the Contract shall also include Employer's liability. C. CERTIFICATE OF INSURANCE Certificates to all insurance required from the Contractor shall be subject to the County's approval for adequacy. All such insurance shall name the County as additional named insured. 19. CONTRACTOR RESPONSIBILITY The Contractor is an independent Contractor and is not an employee or agent of the County. Nothing in this Contract shall be interpreted to establish any relationship other than that of an independent Contractor, between the County and the Contractor, its employees, agents, subcontractors, or assigns, during or after the performance of this Contract. 9 "-' ...,J The Contractor shall take the whole responsibility of the work and shall bear all losses resulting to him, or it, on account of the amount or character of the work, or because of the nature of the ground in or on which the work is being done is different from what was assumed or expected, or because of bad weather, or because of errors or omissions in his or its bid on the Contract price, or except as otherwise provided in the Contract Documents because of any other causes whatsoever. The Contractor shall protect the entire work, all materials under the Contract and the County's property (including machinery and equipment) in, or on or adjacent to the site of the work until final completion and work, from the action of the elements, acts of other Contractors, or except as otherwise provided in the Contract Documents, and from any other causes whatsoever; should any damage occur by reason of any of the foregoing, the Contractor shall repair at his, or its, own expense to the satisfaction of the County or its Project Manager. Neither the County nor its officers, employees or agents assume any responsibility for collection or indemnities or damages from any person or persons causing injury to the work of the Contractor. At his, or it's expense, the Contractor shall take all necessary precautions including but not limited to the furnishing of guards, fences, warning signs, walks, flags, cables and lights for the safety of and the prevention of injury, loss and damage to persons and property. The term persons as used herein includes but is not limited to members of the public, the County and its employees and agents, the Proj ect Manager and his employees, Contractor 1 s employees, his or its subcontractors and their respective employees, other Contractors, their subcontractors and respective employees, on, about or adjacent to the premises where said work is being performed. Contractor shall comply with all applicable provisions of safety laws, rules, ordinances, regulations, building codes and orders of duly constituted public authorities. The Contractor assumes all risk of loss, damage and destruction to all of his or its materials, tools appliances and property of every description and that of his or its subcontractors and of their respective employees or agents, and injury to or death of the Contractor, his or its employees subcontractors or their respective employees or agents, including legal fees, court costs or other legal expenses, arising out of or in connection with the performance of this Contract. 10 ~ ...,¡ The Contractor agrees to forever save and keep harmless and and fully indemnify the County, its officers, employees and agents of and from all liabilities, damages, claims, recoveries, cost and expense because of loss of, or damage to, property, or injury to or deaths of persons in any way arising out of or in connection with the performance of this Contract to the extent of the insurance provisions set out in Section 16 in this Agreement. 20. INSPECTION The project will be inspected by the Project Manager and will be rejected if it is not in conformity with the Contract provisions. Rejected work will be immediately corrected by the Contractor. When the work is substantially completed, the Contractor shall notify the County in writing that the work shall be ready for final inspection on a definite date, at least three (3) calendar days thereafter, which shall be stated in such notice. 21. DEFAULT: TERMINATION A. FOR CAUSE If either party fails to fulfill its obligations under this Contract in a timely and proper manner, the other party shall have the right to terminate this Contract by giving written notice of any deficiency and by allowing the party to default seven (7) calendar days to correct the deficiency. If the defaulting party fails to correct deficiency within this time, this Contract shall terminate at the expiration of the seven (7) calendar day time period. With regard to the Contractor, the following items shall be considered a default under this Contract: (1) If the Contractor should be adjudged bankrupt,or If he, or it, should made a general assignment for for the benefit of his, or its, creditors, or if a receiver should be appointed on account of his, or its, insolvency. (2) If the Contractor should persistently or repeatedly refuse of fail, except in cases for which an exten- sion of time is provided, to supply enough properly skilled workmen or proper material or if the Contractor should fail to make prompt payment for materials, or labor or other services entering into the work. (3) If the Contractor disregards laws, ordinances, or the instruction of the Project Manager or otherwise 11 ~ ...,,¡ be guilty of a substantial violation of the provisions of the Contract. In the event of termination, the County may take possession of the premises and all materials,tools,and appliances, thereon and finish the work by what ever method it may deem expedient. In such cases, the Contractor shall only be entitled to receive payment for work satisfactorily completed prior to the termination date. If such expense of finishing the work shall exceed such unpaid balance the Contractor shall pay the difference to the County. The expense incurred by the County as herein provided, and the damage incurred through the Contractor's default, shall be certified by the Project Manager. B. WITHOUT CAUSE Either party may terminate the Contract without cause at any time upon thirty (30) calendar days prior wri t ten notice to the other party. In the event of termination, the County shall compensate the Contractor for all authorized work performed through the termination date. 22. NON DISCRIMINATION Contractor covenants and agrees that Contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of the Contract with respect to hiring, tenure, terms, conditions or privileges of employ- ment, or any matter directly or indirectly related to employ- ment because of age, sex or physical handicaps (except where based on a bonafide occupational qualification) i or because of marital status, race, color, religion, national origin or ancestry. 23. VERIFICATION OF EMPLOYMENT STATUS Contractor agrees that it shall bear the responsibility for verifying the employment status, under the Immigration Reform and Control Act of 1986, of all persons it employs in the performance of the contract. 12 -.... .~ 24. FLORIDA PRODUCED LUMBER Where applicable Contractor agrees provisions of Section 255.20, Florida may be amended from time to time. to comply with the Statutes, (1989) and as 25. ASSIGNMENT Contractor shall not assign this Contract to any other persons or firm without first obtaining County's written approval. 26. ATTORNEYS' FEES AND COSTS In the event the Contractor defaults in the performance of any of the terms, covenants and conditions of this Contract, the Contractor agrees to pay all damages and costs incurred by the County in the enforcement of this Contract, including reasonable attorney's fees. 27. NOTICES All notices, requests, consents, and other communications required or permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: As to County: With A Copy To: St. Lucie County Administrator Administration Annex 2300 Virginia Avenue Fort Pierce, Florida 34982 St. Lucie County Attorney Administration Annex 2300 Virginia Avenue Fort Pierce, Florida 34982 St. Lucie County Road and Bridge Manager 2300 Virginia Avenue Fort Pierce, Florida 34982 As To Contractor: 13 ~ "" , , or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery. (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case many, if mailed. 28. INDULGENCE NOT WAIVER The indulgence of either party with regard to any breach or failure to perform any provision of this Contract shall not be deemed to constitute a waiver of the provision or any portion of this Contract either at the time the breach or failure occurs or at any time throughout the term of this Contract. 29. CONFLICT OF INTEREST The Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Florida Statutes 112.311 (1989) and as may be amended from time to time. The Contractor further represents that no person having any interest shall be employed for said performance. The Contractor shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Contractor's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Contractor may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Contractor. The County agrees to notify the Contractor of its opinion by certified mail within thirty (30) days of receipt of notification by the Contractor. If, in the opinion of the County, the perspective business association, interest or circumstance would not consti tute a conflict of interest by the Contractor, the County shall so state in the notification and the Contractor shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Contractor under the terms of this Agreement. 14 "-- ~ . " . 30. INTERPRETATION: VENUE This Contract constitutes the entire Agreement between the parties with respect to the subject matter hereof and supercedes all prior verbal or written Agreements between the parties with respect thereto. This Contract may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Contract shall be interpreted as a whole uni t and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party initiate legal action regarding this Contract, venue shall be in the Nineteenth Judicial circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the County has hereunto subscribed and the Contractor has affixed his, its, or their names, or name, and seal the date aforesaid. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Clerk BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney WITNESSES: CONTRACTOR 15 ~ ..., . ., DOCUMENT itA it SUBDIVISION '2 MOWING CONTRACT THE WORK DOCUMENT SHALL CONSIST OF A LIST OF ALL ROADS WITH THREE SIGN OFFS FOR THE PROJECT MANAGER AND THE CONTRACTOR FOR: ROAD OR AREA DA TE CONTRACTOR DATE PROJECT MGR Evergreen Av Litter Pickup Mowing Cycle Weedeating Cycle N. 52nd 5t Litter Pickup Mowing Cycle Weed eating Cycle N. 51 st Ct Litter Pickup Mowing Cycle Weedeating Cycle N. 51st 5t Litter Pickup (Angle Rd.) Mowing Cycle Weedeating Cycle N. 50th 5t Litter Pickup (Angle Rd.) Mowing Cycle Weedeating Cycle N. 49th 5t Litter Pickup (Avenue Q) Mowing Cycle Weedeating Cycle N. 48th 5t Litter Pickup Mowing Cycle Weedeating Cycle 16 ¡ I; '-' DOCUMENT t+A t+ CONTINUED ROAD OR AREA N. 47th St (Avenue Q) N. 46th St N. 45th St (Avenue Q) N. 44th St (Evergreen) N. 43rd St (Evergreen) N. 42nd St (Evergreen) S. West Drive Avienda Av Matanzas Av Juanita Av Litter Pickup Mowing Cycle Weed eating Cycle Litter Pickup Mowing Cycle Weedeating Cycle Litter Pickup Mowing Cycle Weedeating Cycle Litter Pickup Mowing Cycle Weedeating Cycle Litter Pickup Mowing Cycle Weedeating Cycle Litter Pickup Mowing Cycle Weedeating Cycle Litter Pickup Mowing Cycle Weedeating Cycle Litter Pickup Mowing Cycle Weedeating Cycle Litter Pickup Mowing Cycle Weedeating Cycle Litter Pickup Mowing Cycle Weed eating Cycle "" DATE CONTRACTOR DATE PROJECT MGR 17 .. I I \w, DOCUMENT *A * CONTINUED ROAD OR AREA EI Nueva Av San Diego Av Barcelona Av S. Canal Av N. 53rd St N. 51"t St (S. Canal) N. 49th St (S. Canal) N. 47th St (S. Canal) N. 45th St (So Canal) N. 44th St (Avenue M) Litter Pickup Mowing Cycle Weed eating Cycle Litter Pickup Mowing Cycle Weedeating Cycle Litter Pickup Mowing Cycle Weedeating Cycle Litter Pickup Mowing Cycle Weedeating Cycle Litter Pickup Mowing Cycle Weed eating Cycle Litter Pickup Mowing Cycle Weed eating Cycle Litter Pickup Mowing Cycle Weedeating Cycle Litter Pickup Mowing Cycle Weedeating Cycle Litter Pickup Mowing Cycle Weedeating Cycle Litter Pickup Mowing Cycle Weed eating Cycle ...I DATE CONTRACTOR DATE PROJECT MGR 18 ... ¥ ¡' .. \. DOCUMENT itA it CONTINUED ROAD OR AREA N. 43'd St (Avenue M) N. 42nd St (Avenue M) N. 42st St N. 41 st St N. 39th St N. 37th St N. 35th St N. 33'd St Metzger Rd Avenue F Litter Pickup Mowing Cycle Weed eating Cycle Litter Pickup Mowing Cycle Weedeating Cycle Litter Pickup Mowing Cycle Weedeating Cycle Litter Pickup Mowing Cycle Weedeating Cycle Litter Pickup Mowing Cycle Weedeating Cycle Litter Pickup Mowing Cycle Weedeating Cycle Litter Pickup Mowing Cycle Weedeating Cycle Litter Pickup Mowing Cycle Weedeating Cycle Litter Pickup Mowing Cycle Weed eating Cycle Litter Pickup Mowing Cycle Weedeating Cycle 'wi DATE CONTRACTOR DA TE PROJECT MGR 19 · ~ ( .. '-" DOCUMENT *A * CONTINUED ROAD OR AREA Avenue G Sloan Road Avenue I Avenue J Avenue K Avenue L Avenue M Avenue N Avenue 0 Avenue P Litter Pickup Mowing Cycle Weedeating Cycle Litter Pickup Mowing Cycle Weed eating Cycle Litter Pickup Mowing Cycle Weed eating Cycle Litter Pickup Mowing Cycle Weedeating Cycle Litter Pickup Mowing Cycle Weedeating Cycle Litter Pickup Mowing Cycle Weedeating Cycle Litter Pickup Mowing Cycle Weedeating Cycle Litter Pickup Mowing Cycle Weedeating Cycle Litter Pickup Mowing Cycle Weedeating Cycle Litter Pickup Mowing Cycle Weed eating Cycle ...." DATE CONTRACTOR DATE PROJECT MGR 20 '-' DOCUMENT HA H CONTINUED t. C I ..... ROAD OR AREA Avenue Q Litter Pickup Mowing Cycle Weedeating Cycle Avenue R Litter Pickup Mowing Cycle Weed eating Cycle Avenue S Litter Pickup Mowing Cycle Weedeating Cycle Avenue T Litter Pickup Mowing Cycle Weed eating Cycle Grady Avenue Litter Pickup Mowing Cycle Weedeating Cycle Barcelona Av Litter Pickup Mowing Cycle Weed eating Cycle San Diego Av Litter Pickup Mowing Cycle Weedeating Cycle Valencia Av Litter Pickup Mowing Cycle Weedeating Cycle Juanita Av Litter Pickup Mowing Cycle Weedeating Cycle Avienda Av Litter Pickup Mowing Cycle Weed eating Cycle .....; DATE CONTRACTOR DATE PROJECT MGR 21 '- DOCUMENT ØA ø CONTINUED 1. 'I ~ ROAD OR AREA San Marcos Av Litter Pickup Mowing Cycle Weedeating Cycle Matanza Av Litter Pickup Mowing Cycle Weedeating Cycle Woodward Av Litter Pickup Mowing Cycle Weed eating Cycle N. 23rd St Litter Pickup Mowing Cycle Weed eating Cycle N. 21 st St Litter Pickup Mowing Cycle Weedeating Cycle N. 19th St Litter Pickup Mowing Cycle Weed eating Cycle N. 17th St Litter Pickup Mowing Cycle Weedeating Cycle N. 15th St Litter Pickup Mowing Cycle Weed eating Cycle W. 21st Ct Litter Pickup Mowing Cycle Weed eating Cycle E. 2pt Ct Litter Pickup Mowing Cycle Weedeating Cycle 'wtÎ DA TE CONTRACTOR DA TE PROJECT MGR 22 \.: DOCUMENT *A * CONTINUED -( ~ \ ... ROAD OR AREA Shorewinds Dr Litter Pickup Mowing Cycle Weedeating Cycle Mooring Ln Litter Pickup Mowing Cycle Weedeating Cycle Sea Oats Dr Litter Pickup Mowing Cycle Weedeating Cycle Windham Ln Litter Pickup Mowing Cycle Weedeating Cycle Oak Drive Litter Pickup Mowing Cycle Weedeating Cycle Tamarino Dr Litter Pickup Mowing Cycle Weed eating Cycle N. Ocean Dr Litter Pickup Mowing Cycle Weedeating Cycle Atlantic Bch Bv Litter Pickup Mowing Cycle Weedeating Cycle Bimini Drive Litter Pickup Mowing Cycle Weed eating Cycle Bermuda Dr Litter Pickup Mowing Cycle Weedeating Cycle ....., DATE CONTRACTOR DATE PROJECT MGR 23 \..' DOCUMENT itA it CONTINUED ... , ..' ..... ROAD OR AREA Marina Dr Litter Pickup Mowing Cycle Weedeating Cycle Flotilla Terr Litter Pickup Mowing Cycle Weedeating Cycle Palomino Dr Litter Pickup Mowing Cycle Weedeating Cycle Appaloosa Ct Litter Pickup Mowing Cycle Weed eating Cycle Clydesdale Ln Litter Pickup Mowing Cycle Weedeating Cycle Mustang Cr Litter Pickup Mowing Cycle Weedeating Cycle Timberlakes Dr Litter Pickup Mowing Cycle Weedeating Cycle Pine Marten Ln Litter Pickup Mowing Cycle Weedeating Cycle Clearlake Ln Litter Pickup Mowing Cycle Weed eating Cycle Shadylake Ln Litter Pickup Mowing Cycle Weedeating Cycle ,.""" DATE CONTRACTOR DA TE PROJECT MGR 24 .... 't .. -». ROAD OR AREA \.,' DOCUMENT fiA fi CONTINUED Pine Burke Ln Henry's Rd Heil Road Jernigan Rd Hidden Pines Lonesome Pine Trail Tall Pines St Woodcrest Dr Cody Lane Litter Pickup Mowing Cycle Weedeating Cycle Litter Pickup Mowing Cycle Weedeating Cycle Litter Pickup Mowing Cycle Weedeating Cycle Litter Pickup Mowing Cycle Weed eating Cycle Litter Pickup Mowing Cycle Weedeating Cycle Litter Pickup Mowing Cycle Weedeating Cycle Litter Pickup Mowing Cycle Weed eating Cycle Litter Pickup Mowing Cycle Weedeating Cycle Litter Pickup Mowing Cycle Weedeating Cycle if ..."" DATE CONTRACTOR DATE PROJECT MGR 25 SUBDIV2 MOW ,. \w ....,¡ ~ Agenda Request Item Number C·7C Date: May 7, 2002 Consent [ X ] Regular [] Public Hearing [ ] Leg.[ ] Quasi-JD [ ] To: Board of County Commissioners J. Scott Herring, Manager Road & Bridge Division Submitted By: Public Works Dept.-Road & Bridge Division SUBJECT: Conditional Acceptance of Prima Vista Blvd. Extension BACKGROUND: As part of the approval for the construction of the Walgreen's and McDonald's at the intersection of U.S. 1 and Prima Vista Blvd., the applicant was required to extend Prima Vista Blvd. to the east. At this time, the construction is complete and the applicant is requesting Conditional Acceptance of the improvements by the County. The County Engineer has inspected the improvements and at this time is recommending conditional acceptance by the Board for the extension of Prima Vista Boulevard. The maintenance agreement will be for a period of one (1) year and 30 days, and expire on June 7, 2003. FUNDS AVAILABLE: N/A PREVIOUS ACTION: ADDroval of Plat Nov. 13.2001, #C-8-A RECOMMENDATION: Staff recommends that the Board conditionally accept the extension of Prima Vista Boulevard, and Authorize the Chair to sign the attached Maintenance Agreement. Ie APPROVED 1 r OTHER: [ ] DENIED COMMISSION ACTION: [ x ] County Attomey [ X ] Originating Depl Public Works ltl [ ] Finance JY Coordinatio n/Sig natures [ ] Mgl & Budget úO m~ [X] Co. Eng [ ] Purchasing ¿v/Z/ [X ] Other Dennis Murphv. Comm Development (check for copy only, if applicable) '-' 'will NVUNTENANCEAGREEMENT THIS AGREEMENT made and entered into this day of , 2002 by and between Prima Vista, LLC (the Developer and ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida (the "County"). WITNESSETH: WHEREAS, the Developer intends to construct a portion of Prima Vista Boulevard (the "Improvements") and convey ownership and maintenance responsibility to the County; and WHEREAS, as a condition for the acceptance of the Improvements by the County, the Developer has agreed to post security in a form acceptable to the County Attorney in the amount of fifteen percent (15%) of the approved cost of the Improvements for a period ofat least one (1) year and thirty (30) days from the date of conditional acceptance of the Improvements by the County. NOW, THEREFORE, in consideration of the agreement, premises, and covenants set forth herein and other good and valuable consideration, the parties agree as follows: 1. SECURITY. The Developer agrees to provide the County with security in a form acceptable to the County Attorney in the amount of Four Thousand Eight Hundred and eighty-one dollars and twenty-six cents ($4,881.26), representing fifteen percent (15%) of the cost of the Improvements as submitted by the Developer's engineer and approved by the County Engineer and as are more particularly set forth on those certain plans for construction improvements drawn by the Developer's engineers, Knight & McGuire dated April 1999. This amount shall be retained for a period of one (1) year and Thirty (30) days from the date of conditional acceptance as described below to provide for maintenance of the Improvements to be dedicated to the public and to indemnify and save the County harmless from any and all costs necessary to repair or replace any part or portion of the Improvements occasioned by faulty engineering, workmanship or materials. 2. SUPERVISION OF CONSTRUCTION. The Improvements shall be constructed under the supervision of the Developer's engineer in full compliance with the specifications and requirements ofS1. Lucie County, and when complete, Developer's engineer shall furnish the County Engineer with a certificate of satisfactory completion for approval. 3. CONDITIONAL ACCEPTANCE. Upon completion of the construction of the Improvements, the Developer's engineer shall certify that the Improvements have been constructed in accordance with applicable County requirements. When the Improvements have been certified by the Developer's engineer, the County Engineer shall inspect the improvements and review the construction and supporting test/control data furnished by the Developer's engineer. If all required improvements are completed to the satisfaction of the County Engineer, the County Engineer shall confirm this in writing to the S1. Lucie County Board of County Commissioners and recommend that the Improvements be conditionally accepted. P:\Proj-2000\00-66 Walgreen's Me Donalds Prima Vista & USI\agreementsIMAINTENANCE AGREEMENT.doc :. ~ ,..." 4. RELEASE OF SECURITY. One year from the date the Improvements are conditionally accepted by the Board of County Commissioners, the Developer shall contact the County Engineer for a joint inspection with the Developer's Engineer. If deficiencies appear, the Developer shall correct all deficiencies in an approved manner, except those damages that are not a result of design or construction deficiencies. If the required corrective action cannot be completed by the one year and 30 day expiration date, the County may so notice the Developer that the required security will not be released until all necessary corrective actions have been completed and approved by the County. When all corrections have been made, the County Engineer shall so inform the Board. The Board of County Commissioners shall then act on release of remaining development security, and final acceptance of the Improvements. 5. INTERPRETATION: VENUE. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. (THE NEXT PAGE IS THE SIGNATURE PAGE) P:\Proj-2000100-66 Walgreen's Me Donalds Prima Vista & USllagreemcntslMAINTENANCE AGREEMENT.doe ~ ~ IN WITNESS WHEREOF, the parties have caused this agreement to be made and entered into the day and year first written. BY: Print: Title: ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY P:\Proj-2000\00-66 Walgreen's Me Donalds Prima VISta & US1\agreements\MAINTENANCE AGREEMENT. doc · ..... """" PRIMA VIST A BOULEVARD ROADWAY IMPROVEMENTS Engineers Opinion of Probable Cost Unit Description Quant. Units Price Amount Turn Lane Improvements 12" Stabilized Subgrade 1765 SY $2.00 $3,530.00 8" Coquina Base (primed) 1685 SY $6.25 $10,531.25 2" Type S-I A.C.S.C. 1613 SY $3.50 $5,645.50 Type "F" Curb 125 SY $7.00 $875.00 Paved Shoulder 95 SY $10.00 $950.00 Signing & Striping 1 LS $1,500.00 $1,500.00 Sodding (Bahia) 700 SY $0.98 $686.00 12" R.C.P. Storm Drain 20 LS $12.00 $240.00 18" R.C.P. Storm Drain 213 LF $18.00 $3,834.00 Storm Inlets 5 EA $950.00 $4,750.00 Total Cost of Improvements $32,541.75 15% Maintenance Requirement $4,881.26 IRequire Maintenance Bond $4,881.26 Respectfully Submitted; C:\ERIC\0066-roadway.xls 41912002 , .. AGENDA REQUEST """'" ITEM NO. C 7 I:l DATE: May 7,2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] P4!N~ Mike Bowers Asst. Public Works Director '-' TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): PUBLIC WORKS - ADMIN SUBJECT: St. Lucie County Fairgrounds - Work Authorization with Masteller and Moler, Inc., for the Design of a Water Treatment Plant BACKGROUND: Phase I of the St. Lucie County Fairgrounds includes the design of a water treatment plant. Masteller and Moler, Inc., are on continuing contract with St. Lucie County and have been selected as the design engineers. The attached work authorization is forthe design of a water treatment plant in the amount of $24,980.00. FUNDS A V AIL.:316-1930-563000-7655 PREVIOUS ACTION: 2001-02 - Approved Fairgrounds budget of $232,000. RECOMMENDATION: Staff recommends SOCC sign the work authorization in the amount of $24, 980. 00 with Masteller and Moler, Inc., for the design of a water treatment plant for the St. Lucie County Fairgrounds. COMMISSION ACTION: E: o las Anderson County Administrator [X APPROVED [ ] DENIED [ ] OTHER: J21 [x]County Attorney Y [x]Originating Dept. Public Works .~ fairgrounds.ag , Coord ination/S iQnatures [x]Mgt. & Budget bt1J (f\~ [ ]Co. Eng [X]Utilities~ []Other .t f" ., .. '-' ..." WORK AUTHORIZATION Professional Services Water Treatment Plant St. Lucie Fairgrounds Pursuant to that certainAgnement Between COltn!y and Engineer ForContinuing Engineering S eroices (the "Agreement") between 51. Lucie County (the "County") and Masteller & Moler, Inc. (the "Engineer") dated March 14, 2000, Engineer hereby agrees to provide professional engineering services under the terms and conditions set forth in Exhibit "A", attached hereto and made a part of this Work Authoriza tion. IN WITNESS WHEREOF, the County and the Engineer have caused this Work Authorization, effective this _ day of , 2002. ATTEST: ST. LUCIE COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS CLERK By: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: MASTELLER & MOLER, INC. By:c:---ß~Á~fe__~ '!..A'-- Print Name: t:.A1U If-. ¡tN:JrdllÊJ2 Title: 'R'zF.5/~r G: \ATTY\AGREEMNT\WORK .AUT\masteller. vtr@atplant.wpà ~pr ~ 02 10:53a ........ Masteller*Moler 5617941106 p.2 ,...., ~ MASTELLER & MOLER, INC. - CIVIL ENGINEERS - Exhibit A Engineering Services Related to Preparation of Engineering Design, Construction Plans, Pennitting, Specifications, Bid Documents, Construction Administration and Inspection of S1. r .ucie Fairgrounds Supply Well and Reverse Osmosis Water Treatment Plant. I. Scope Of Services A. Assemble data; attend meetings; prepare engineering data and design covering a 4" diameter potable water supply well using existing test well, rated at approximately 30 GPM and 70'± deep and a reverse osmosis water treatment plant with appurtenances including pumps, pre-filter(s), chemical feed systems. degassifier, storage and hydropneumatic tanks rated for approximately 10,000 GPO. Water treatment plant, pumps, chemical feed systems and electrical controls wiIl be housed in a building approximately 500 square feet in close proximity to the supply well. Test well results will be supplied to us by others. Also, it will be necessary to have three (3) phase, 480 voh power at the site to be furnished by others. B. Prepare Construction Plans based on Site Plan and topographic data provided by others. Construction Plans will include the 4" diameter supply well and the reverse osmosis water treatment pIant with necessary pumps, valves, piping, chemical feed systems, pre- filter(s), degassifier, electrical controJs, storage tank, and hydropneumatic tank. Brine (reject) water will be discharged into the sanitary sewer system. Plans will be completed for permitting with Florida Department of Environmental Protection (FDEP) and then be finalized for bidding. Contract specifications an bid documents will be prepared. C. Prepare FDEP Pennit application along with necessary plans and supporting data for construction of tile potable water supply well. Provide services for finaI well clearance and permit to operate upon well construction competition. Prepare FDEP Permit application along with necessary plans and supporting data for construction of the reverse osmosis water treatment and appurtenances. Services include Final Certification and application for operation upon completion of water treatment plant construction. County Site PIan Approval and any other approvals and/or permits other than those listed above, are not included in our services. 2205 t4'" Avenue, Vero Beach, Florida 32960 Phone: (772) 567-5300 Fax; (772) 794-1106 E-Mail: maslmolr@bellsouth.net ß~r ~ 02 10:S3a Masteller*Moler 5617941106 p.3 '-' 'wII Page 2 on D. Provide services including assistance to St. Lucie County during project bidding, award of contract, contract administration, periodic inspection and plant start-up. These services will be on an "As Needed" basis and 1.0 assure that the project is constructed in reasonable compliance with the Construction Plans, hid documents and FDEP Permits. II. Time of Performance A. Preparation of plans for water supply production well and reverse osmosis water treatment plant witb appurtenances for FDEP Pcnnit applications to construct is estimated at sixty (60) working days &om date of St Lucie County authorization to proceed. B. Additional time to finalize plans fur construction and bidding, prepare specifications and bid docwnents and be ready fur bids. add thirty (30) working days to "An above. III. Method and Amount ofConu>ensation Included in our services is the need for sub-consultants including a Structural. Soils and Electrical Engineer. Our fee includes payments to these sub-consultants. The Engineer. Masteller & Moler, Inc. shall be compensated as follows: J. Scope of Services; Paragraphs A and B, totaIlump sum fee of$20,IOO.OO 2_ Scope of Services; Paragraph C, total lump sum fee of $4,880.00 3. Scope of Services; Paragraph D, Job Classiîx:ations and Hourly Rates as set furth in Masteller & Moler, Inc. 's Continuing Engineering Services Agreement with the St. Lucie County Utilities Department. Exhibit "A" File M0118 ~ '-' ...,¡ AGENDA REQUEST ITEM NO.c-7-e DATE: May 7, 2002 REGULAR PUBLIC HEARING CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAIL. PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: ."'] ~ [ ] APPROVED OTHER: PRESENTED BY: Sandra Bogan Public Works/Environmental Resources/Oxbow Eco-Center Budget Amendment BA02-133 / Equipment Request EQ02-215 On March 26, 2002, the Board of County Commissioners approved the purchase of an all-terrain wheelchair through a FRDAP grant. Although this item was listed in our letter to the granting agency in November 2001, we were recently informed that this grant would not cover 'equipment' such as this. Because we have several visitors and volunteers who are wheelchair-bound but cannot make it to our trails and ADA amenities, we believe this wheelchair would be a great benefit to include people with physical disabilities in our programming. Therefore, we are requesting to purchase an all-terrain wheelchair through Deming Designs, a sole source provider, at a cost of $2,000. Funds are available in 001-7912-548000-700 (Promotional Activities) and will be transferred via the Budget Amendment to 001-7912-564000-700 (Machinery & Equipment). BOCC approval on March 26, 2002 of BA02-128, EQ02-211 to fund from FRDAP grant. Staff recommends approval of Budget Amendment BA02-133 and Equipment Request EQ02-215.. Staff recommends acceptance of Deming Design as a sole source for this item. DENIED M. Anderson, Administrator ,:,y. Review and A County Attorney: t~ Mgt. & Budget: Originating Dept. Public Works: Finance: (Check for copy only, if applicable) Æ/--- Purchasing: Other: ~ \r ~ BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT Public Works/ OxBow Eco-Center PREPARED DATE: 04/29/02 AGENDA DATE: 05/07/02 TO: 001-7912-564000-700 Machinery and Equipment $2,000 FROM: 00-7912-548000-700 Promotional Activities $2,000 REASON FOR BUDGET AMENDMENT: To urchase an all terrain wheelchair not covered b CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: !/<tJ 02-133 G:\BUDGET\QUA TTRO\GENERAL\FORMS\AMENDM02.wb3 th ~ WN Ze O~ ëñ..... !Qe ::E~ ::E~ O«N owe ~~~ Z«..... ::JO)- Oth« oii:::E u.~" OOW cu.!;;: ~....e «th« OWe aJ::Jz )-Ow -WC) z~« ::J.... OZ OW w::E _D. 0- ::J::J ...JO ,W .... th ~ o >- ex:¡ ¡.... ;:) ~ o <: CI) ~ ë w c z w :E :E o o w D:: ë w > o D:: c.. c.. <C ..... 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"'" ~ , "'" c c ... co :S ;!2 ~ :ê ê s .2 ~ ·5 0 ~£ c:: :::: ~ ~ ~ II) ~ <- C,) § co ~ ~ CD ~ :: ~ ~ ä3 >; :>., o 15 ä3 ~ tn tn co ::::: tn .~ :§ .~ ~ (1 ~ 'f3 tnQ¡ CD CD :5 ~ .e ...... .~ ~ :5 CD CD II) C,) @ .S; :J CI) '6 1:: íii ~ ~ tn CD II) Cñ ;g .§ ~ .... o § ~ 'tJ CD ~ :5 ~ .S 8 a: w ŒI :E ;:) Z I- Z ;:) o o ~ lO "'" C\ c-:. c ß ::it a w D:: I- Z w :E c.. :5 a w ·. . '-" "'" dUST.nCATION fOR SOLr SOURcr PROCURr:~r:NT Based upon the Purchasing Manual, the proposed procurement described below is being procured pursuant to the guidelines on Sole Source Procurement. A good faith review of available sources has been made and there is only one source for the required supply, services or construction item. 1. We propo~e to procure the following: _~-tB.p~lN~~_ 2. As a sole source procurement from: Name of Company: ""Df.m\~~l&N_____ Contact name:~ven 0.,.. ~~\.~ Phone 8?o~ 4íB-SÎbC? \Gh-\c\-e.,.......,\~ e ~\. COt'\-¡ 3. The basis for this sole source determination and the reason no other vendor is suitable is: -~ .Q.~\- ~v~ \9~ ~"L~ 4W...s ~ -4--k .N.ßJI. ~~~ ~Jn ~~ ~~II.\yCJ..·~.lI$--<;I,1t.~ +0 ~~~Jù ~~.:Ih-c..¥:b,~~:sw\Ve\ 5~~Y\S.\tm ..J)~~ D...\\ 4 ~\- '.0:?-~~~~ . J.~~ ò.~ðJøl..J.. ~\.~......., t.. b \::>~~ -\-t) t ..~ -~2::Qþ¿~ ---- Date ß2.D J O~ t:to'~v I Department/Division "- ~~~ Authoriz Signature Nate: 1. Enter description of goods a services to be procured. 2. Enter name of sole source conIJacting. 3. Enter the determination and basis fa" sole source procurement. 4. Attach sole source letter from venda' and department. 5. Attach proposal from vendor with pricing. ~~~1 O~ Fí.J')-~ Title Uuf7{~J PURCHASING DIRECTOR Approved (~ Disapproved ( ) miae.:J.05nOOO ........ .. , ~ ~ '-' "'" B::g-e:ns. :;61-785-5834 ".2 BeJ~h Whèdch3\r by DCILL-!;:; De5:;~" P2.ge: 1 Jf3 . _ c.J:=I......... . " .: ' ~~~'{. . J - ,." .;0.... # yf....; . S~ > \ \-tr.:·." - ,~ ,.. . 't'- ",<;.(-:" _':;Pþ£{ . C .: I', "';"'.," ("'..·1.0\ ~ ...J[.~.1t1 \\I':N.......[ .1... - . 1.1 ' ~ u -ft'ri-i S1~1 (,~ U;.k'l ... \ ''1~ ¡::_v \ .. . . . ......l{~:~\r'~.1 -\:-'\\"^~ :i...v..,~ -" ." Imagine the joy of return;ng to nature and not feeling stranded! Whether youl heart yea rns for a ru!\-f¡lied stroll 011 the Beach, in the woods, or by ti:~ river, ",¡¡ are exc\tE!d "D':)ut prövidir.g you \'lith a pr<:>duct tha.t w1ll change your me! Sinc~ 1994, WE h.1V~ r..=:¡ped hundreds 01 disabled people. We know ho~;' to build a highly' functional, Ic.ng-iastin;;; product that you can affGrd. You wEI find our products, many state and national pa~;';s from Florids to CaUforn:a, Washington, Minnesota - you nanC! itl If yo'u would lihe to order one of our fine chairs, simp1y call, fax or emaii us. Once we h3ve your spec\ficatio'1s, yOLi can be experiencing the freedom, fun and digni of De-Bug w!tllir: a coup:; cf weeks. We arc not just the designers and man\.!factl.1rars of me chair -we are al8Q ~;>srs. As a chair u<òer, I ca;¡ p:or..ise you that W<J do everything possible to lest-the comfc and durabiiity of our p,od·..Jct5. We've listened carefully to cur customers over the years, and added fea~ures ,0 ma\(,~ the chair bertu and more functional. Even my personal chatr, which is c·.¡er fjve years old, works as good a3 the day it was built Wr,¡ welcome you to cur Web Site, and hope you find 211 the Information you need bere to make your d')ci;;!o:;. But if you don't, wz'd bs delighœd to an$wer any question you may have. If you'd like to get b;¡ck to nature in a high.quality, affordable, comfortable De- bug, alllhat YOU need to do is send us YútJr order !orm w;~ payment, and a chair willi 7!l6'20J1 bLip 'J !.'I\.~,.,1;".b~:lçh ·,,\,'~t~ \~h:.ir .'::¡':::ï:" : ,: j:-;<. ~.tn -- --- -----~.. . .-----_. --- '.-"'-- -- .---- -.,.-.-- - - - ______0_- _-- -.---. -------- C(tp.i!·,\'\\,,\-.èeachwhe;:lr.:hu~¡.c·:)~.-'::1\.· :'."1-:\'5 0:. qd n";"':', I·tl~ . __ --","~....\.,_...;..o1 7!l5.'20i11 \ \w AGENDA REQUEST ..., ITEM NO. 0-7f DATE: May 7, 2002 REGULAR PUBLIC HEARING CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAIL. PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: X' "[- APPROVED OTHER: County Attorney: ~ þ..,-. Originating Dept. PRESENTED BY: Sandra Bogan Public Works/Environmental Resources/Oxbow Eco-Center Boardwalk additions The Oxbow Eco-Center is requesting to have a crossover installed on our boardwalk that would allow us to include a 'trail for the blind' within our native plant landscaping design. The apparent low bidder is Summerlin Seven Seas. The crossover will be paid for through a FRDAP grant in the amount of $3,500. Monies are available in FRDAP grant account: 001243-7240- -563000-7134 (Improvements other than building) . N/A Staff recommends approval of boardwwalk additions using monies from FRDAP grant account. DENIED gl s M. Anderson, y Administrator Review and A Mgt. & Budget: Purchasing: J;V Public Works: Other: Finance: (Check for copy only, if applicable) ~ ..Ru. SIrE" 1M( IIIC II. /IMt If "..... R 3.,.' fill: J6I-tH-ØH ,.1: 5".......'.70 ""'" PltlNML I ~:..17·1 NIne 1 AdIhss ST. WCŒ COUNTY 2300 VlRGlNlAA VE. n. PIERŒ. R. 34912·S6S~ ŒN'IRAL SBlVJŒS A1T: SANDY DeIa.... IN IœfERENCE TO YOURINQUIRY 1N1'O COST FACl'OIt. FOIl~ (i It 11"1ANPS ro DE INSTALLED OFF MAIN W1\U.WAY ON mE EAST SIDE OF BUILDING TOTALING 144 SQURE FaT. PIlOPOSEDWOJUC TO BE DONE IN ACCORDANCE Wß1IDRAWINGS .FURNISHED BY ßIOMAS wcmoa: ~ .A FOR.1JŒ SUM OF S2O.CJOPERSQUARE FOOT. TOTAL COST NOr 1'0:8XCEW $2,110.00 ALSO, IN REfERENCE TO Bt.IMPD.AJlOUND EXISTING CANOE ])()CK, S£VEN SEAS WJU, FURNISH AND INSTAlL 124' OF 2 x. 4 OOMnRfOR nœ SUM OFS24I.GO. . . . 111' YOU HAVE ANY QUESTIONS. PLEASE FI!EL f1ŒÙO CONrACT Olœ. 0fFI:E. I í ' N SìgnIIure . V F~ :IJILCD-BKMM'i'E F'Ax NO. :5613403584 ~ Apr. 16 æB2 10: 14A11 P2 R WR.......ÇK*"'3'~ DBA PROPOSAL/CONTRACT WILCO CQIlSTRUC110N INC. 6901 NVV JORGENSEN ROAD PORT SAINT LUCIE, Fl 34983 PHONfJFAX (561) 340-35&4 . ~... a&I . II:U TO: Sf LUCIE COUNTY ZIOO \/IRCaMAVE n PERŒFL :wtI2 ATT: CØl1'JW.~ ~."'aF JaR! .~ /!IIIVIIOUEJfTAI. LÐIAMNC corER WE tER£-à.. ..-..,. -Al1QNB.AND -=-- FOR: Á. MMPS 1. .~ & IM$TAU. 2 PCS" X ',2' fWl'SAS PEA JIIM IIYT~lUCIIO IASSOC aJ&T--4J.... (Uf'TO'44 SQ fT 1NCl~._'" SQ FT) .. BUIII'QS , FIMNI8H & INSTALL 7' X ~ IIUMÆfI FOR EJIISTWG CANOE DOCK COST--a.ttt.M (upTO,2&t. FT~.I2."PER 10m J , ,.".. I'I!Il TO IE AS FClU.GWa: ""'r IN NLL UPOIC GOMPlEUON ALL ".,,~ IS GWilWfT'EED Yo lIE M SÆC::FIEO. N.L WORK IS TO BE CCNJI.£TÐ)"" WOIUCMNUCE MMIIIERACCOIIDING TO STANDIIRO PMC11CES. NI'I ALtERAn:.sflllOMAIIO\oIE ~TØIS fMJI."';¡ EJC11ItAc:lJSQWU PFCOACAII ~ c:HIIRGE O\IEA ANDAIO"Æ TIE ESUM11:. ..... JIQ.~ CONtINGENT UPON ACCIJBrfSOR DB.AYS IIEYOND OUR . cotm\Ol. OWIIØ TO ÞMCMDEFÆ. TONMOO. AND OTHER MKESSMY INSURI'JiICE. WE 00 NOT ASSI_ RE&PONSan'Y FOR ....MlEAQCIiSS TO TtIIi JOII--. 'YME0WI'IØt StWJ.. fIIIQPONS&EFOft fIACMDt40 OPFS£I' STNCES &ET", A LJCØtISEP SUINEYOR. WI,.çQ CONSTfIUCIIOIIIIIIIC. TO IE HELD 'a.A'qrES81'011 CLMaOF lOSE. WlMTION ~ 011. FAU.· 0U'r. OR N(Y ACrIONS QIIt PROJECT Oft IMTÐIML SfOCØIILENID EQUIPMIiMT WÞtU II()T OCCUPISD BY wa.-co CONSrRUCT1OIII tIC. WE DO NOI' .....WCIlQllOftlSØ.I'I'Y fOR f'EM!II'8. PINIS. OR ~....Lf.S8 <mt!RWIS& F MY SlIIISAREteJUECnb 8't tuff. OR OEIIIIIHD OFNf A~~~THE OWNERAGRIiES TO MY AU. cosrs INClUDING ~~'II' I! ATTORJEn FEUMO tn'ERH'r, WE ~ TiE RIOHTTO-WInIORAWTtC$ M)" NOr ACC1iPTED wm.U'''TfElUMYSIJNLESSortteRwl8ESÆClFED. .': ' .. I '.. . ;¡T/II/rJð- T~~ THEMO\Æ PItiÇES, SPECFlCATION$AMJ COMDmDNSNŒ !SATIVNoTORV III;) HEREBY~. -.ouAREAUTHORIlfJ) TO DO 'l'HE WORI( AS SP£CJÆi'). PA'tIIBIr WIllIE IIMDE AS 0UTlMED MOllE. DATE: SIONATUIIIE " "........11 III = .....,.,·)...."U fa ,.1-4ð0-6", b.ìI N..... 8A(I.L.CON t"" '""' ....440·UU TO: &. I.1toc: o.t, ZOO V... Aw:tIIC fat Picree. rIorida ~912 The rto,Ject Is: ""'-I' .. ...0.... "'1 v........ ...... J2f6J USA AprillS,2OO'l PI' II H HAtfler 1). COMfructlon oI2~" X 12' 1'0'" off.... ~, east side C1I buIdIng US .hown on Lucido .. AMoc. dra.....,. 2).. Install 2" X 4" bumper around canoe dock. PRICE ~: 1). $3..- 2). $G5.n ,.,...... ... due .. ......: ,.,. upon CGßIII111Iøa. This. PrQp0981 ~ be wiS.......wn i(Mf ~ wilhin. ]0 . &pm tQJIQs ..... ..,.-....- · \,.r ....., ROCK CLAUIE: Ihould U. c:ontr.aar ancOUIItr .......,.. GOIIdiIkohI...... ..... h ~ 01..... br -._ Ì'IIO pIIcIe............1o "'-aI.... _...,. -uIIjId to............... cI S....... ......Iar-.dt.....nd, 'J I ~.. ..... the ....................... ........ aid......... .... ......*... . - la" at..... .., llalllllllIIIIIódI. PIr no.. Iii III to....... ,.,........ ........,........... Æ!DOI""" ........ L~ II......... 01 fa ,., -- ..............10.. Þ¥MIIIIM_ UIIpIId IIIdIrtllepnl¥llfanl 01'" dot............. ChI,....... pia, .................. __..... _.,..., aICUIed cfIøJe CIIdIr" .... ...,.. to taaIb ........ The CCIIdfadCar ..... pnMdt for tile remav" 0I1Jf .... ...... franI.... GGnItIudioIIIRd NIIOWatiDn 01_ PfOjtct. Project "'1IIUII1tIIWe ...... ... tot. ........ Fell to '-...... far .., ChI CCMbKtlt. o.w .... prevIdI COMrIcIor.. .1IIIIåriIII... Md........,... on .... propertr for the dtaIIan...... projIcl ,... pnIjIct...... be.... frw 01... lithe.. ~ 1ICh........ Nat incÞIdI d 1ft.. þllL-t1_ ..; n. ~ allftJ lUMp OtCMIIIIØIIIJ ....... In the IMftt II bIc:ontI& .....-.y to ...,... ... ....."Uhro..... tile .. fA..... pIG tL JR-. lhe ....w...sJIIIIJ... be thtiIW 10 nc:Gftf ....... ..,.., .... hrn .... pIrty not ....... ".,. .................. JIIDVfdIt ............ ........~.... ~II_ to CGqIL 1 ... proJIcta ,.-.0INId for.......... r.klted. AI ~ _""""_gu."'" for. """013 rwa fnø....... al~ ~. . PIle. ,........ Acclplld br. 4udIOrtÞd ......._J..... Slluc:1I County Florida ~ ~gJ ~ be withdr.... Wont ...~.... _bin 10. fmm t~-' .... f , AGENDA REQUEST """" ITEM NO. C-7a DATE: REGULAR PUBLIC HEARING CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Sandra Bogan SUBMITTED BY: Public Works/Environmental Resources/Oxbow Eco-Center SUBJECT: Equipment Request EQ02-214 BACKGROUND: The Oxbow Eco-Center is requesting to purchase Adobe Publishing Software, which includes: Pagemaker, Photoshop, Illustrator, Acrobat, and stock photos and clip art. This software will enhance our ability to produce quality materials in-house for the Environmental Resources Division and will allow us to modify the materials that have already been prepared by our volunteer. The cost for this software is $999.95. FUNDS AVAIL. $1000 is available in 001-7912-568000-700 (Software). PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval of Equipment Request EQ02-214. [>..« ] [""] APPROVED OTHER: DENIED gl s M. Anderson, y Administrator COMMISSION ACTION: County Attorney: ~" Purchasing: ~¡2- Mgt. & Budget: Originating Dept. Public Works: Other: Finance: (Check for copy only, if applicable) (/) 0::: WN ZC O~ ëñ.... !QC :!E~ :!Eo::: O«N UWC ~~~ Z«"- :JU>- 0(/)« UÜ::!E LLQ:: OO~ CLL« O:::I-C «(/)« OWc m:Jz )-OW I-WC) zo:::« :JI- OZ UW w:!E -Q. U- :J:J ....0 .W l- (/) ~ >- IX) I- ::::J ~ ö w c z w ~ ~ o u w It: ,g¡ "" ~ .0 :ã æ ¡:.: z w ~ ~ « a. w C o <:: C/) ~ ö w > o It: a. !à: ..... . B t: c3 , o û:J ~ o .Q >< ~ C ) ~ ;:¡ o ~ a:: ~ c:: C ) E t: e .s; ¡¡j ~ ~ II::: o C/) 01 .£: .c: .!!¡ :Q æ C ) .Q .g q: ....,/ ~ ~ .~ . B t: ~ ~ ~ ~ II::: S ~ 0 .!!¡ È ¡:: 'tJ . B t::: C\1 C\1 ~ .S- C,) 0-6 'tJ C\1 ¡ij ~ II) C\1 .9 .!Q o .¡g .c: C ) Q.... ~ C\1 g E 't) .9 'tJ II) t: C ) C\1 01 ... _ t: C\1 C\1 .Q 'S e o ~ q: C\1 .....- E .e .e ~ CI) CI) ;:¡ ~ ~ - 0 g.~ .c: :::: .ë .~ o -g ët C\1 C ) .....- ~ ~ 0 C\1 .c: ~ .£: 01.!!/ &: .¡g CI) . B ~ C\1 ;:¡ E (j~ .S ~ .c: ;:¡ .0 I;]- ~ ~ ;:¡ Q) ~ 'tJ 01 C\1 e ~o ;: Q. 'Ë .9 ~ C/) >, tD ~ 2: c: '- CO ¡: ~ ~ .!!¡ ..... 0 :Q ;:¡ CI) ;:¡ 0 0... ( ) .!,2 C ) 0 ::5 .Q ¡ij 01 .g .c: .£: q: ä5 ~ c f2 , c c c ~ LO , C\ ..... ~ , ..... c c ~ W aI ~ :;:) Z I- Z :;:) o u ~ "I- ..... C\ , C\ c C lU ð w It: I- Z W ~ a. :5 a w ~ AGENDA REQUEST ., ITEM NO. C 8 DATE: May 7, 2002 REGULAR PUBLIC HEARING [ TO: BOARD QF COUNTY COìVIlVllSSIONERS CONSENT [ X ] SUBMITTED BY: OMB PRESENTED BY: Marie Gouin SUBJECT: Student Intern Positions BACKGROUND: The Office of Management and Budget has been given the opportunity to participate in the Florida Institute of Technology School of Management Internship Program. This program is designed to introduce students who are very close to completing their degree to an actual work environment closely related to their field of study. The benefits to this office are two- fold, First, these individuals bring with them the latest skills being taught by institutions of higher learning which we will certainly be able to assimilate and capitalize on. Secondly, these services will be provided at a fraction of the cost of even an entry-level employee. The program requires the student to work a minimum of 240 hours under the supervision of a member of the 'Host' employer (Board). Staff would like to fund this position for a maximum of 250 hours at $6.15 per hour plus FICA, Worker's Compensation and Unemployment. This brings the total to $1,669. Although the primary purpose of this item is to ask for Board approval for this office to participate in the program, the County Administrator has seen the benefits derived from past participation. With the Board's approval, he has agreed to accept the responsibility of approving future requests for Student Interns. Mr. Anderson has stated that his approval will be contingent upon departments complying with three requirements: 1) Requests for Student Interns will be completely and satisfactorily justified via a PersoIlllel Request Form from OMB. 2) Funds will be available within the departmental budget - he will not support a request to fund the position from Contingency. 3) Each request will be fully coordinated with the Human Resources Department. FUNDS AVAILABLE: Funds are available in 001-1301-512000-100 General Fund - Office of Management & Budget - Salary and will be made available in other funds at the discretion of the County Administrator G:'BlJDGET\WP'AGE:-IDA'S,Agenda02'5'7 O~IB [ntem.wpd '- PREVIOUS Aðw'ON: None. .I '" RECOMMENDATION: Staff recommends the Board allow this office to participate in the internship program and approve Position Request 02-57. Staff further recommends the Board authorize the County Administrator to approve future requests for a Student Intern with the above stipulations. 3 attachments: Position Request 02-57 Payroll Analysis Worksheet Excerpt School of Management Internship Policy COMMISSION ACTION: ug Anderson County Administrator l~ APPROVED [] DENIED [ ] OTHER: Originating Dept: Coordination/Signatures Management & Budget: XX MVit1 ~urchasing: l. {2-, , Public Works: Other: HR /~ J' County Attorney: XX Finance: (Check for Copy only, if applicable) XX G:\BUDGET\WP\AGENDA'S'Agenda02\5'7 0\18 lntem.wpd '-' .." BOARD OF COUNTY CO Jv\J\¡\] 55]0 N ER5 UT1UTJE5 D EPj=\j~T}'LENT '¢JILL:''''!,v'. l3L¡.I.ZÞ.J<. D!P.ECTOP, MEMORANDUM TO: Board of County Commissioners I'\.I/" William Blazak, Utility Director \ \.itC( v FROM: DATE: May 7,2002 RE: North County Utility District - Hutchinson Utilities Service Corp. BACKGROUND: This project was competitively bid and awarded to Hutchinson Utilities Service Corp. and is part of the capital improvements identified at closing during the purchase of the Holiday Pines Utility System. The project consists of rehabilitation of an existing clarifier, an integral part of the wastewater process, and the contractor has successfully completed the specified work. Completion of this work will allow for an improved treatment process and provide reliability to the treatment system. The attached documentation from the Engineer confirms that the work has been completed and that the necessary retained funds should be released to complete and close-out the project. RECOMMENDATION: Staff recommends that the Board approve the final pay request and release the retainage for this project. JOHN D. ßI\UHN. District No.1' DOUG COWARD. Disrricr No.2' PAULA A. LEWIS. Districr No. J . FRANNIE HUTCHINSON. Disrricr No.4. CUFF ßARNES. Dismcr No.5 Counry Adminisrrator - Douglas M_ Anderson 2300 Virginia Avenue " Fort Pierce, FL 34962 ~ Phone (561) 462-1150 > FAX (56'1) 462-1153 '-' APPLICATION FOR PAYMENT NO. -...",; 4 To St. Lucie County Contract for Holiday Pines ClarifYer (OWNER) OWNER's Contract No. PO#P2112941 . ENGINEER's Project No. 2020 For Work accomplished through the date of 3/27/2002 CON"ŒACfOR's Schedule of Values Work Completed ITEM Unit Price Quantity Amount Quantity Amount Clean out Clarifier S 10,422.00 100% $ 10,422.00 100% S Sludge Return Lines 4,225.00 100% 4,225.00 100% Air Lines .:>,:au.uu I uU'Yo ':>44V,V~V~ ~~~~? Sludge L.Ol1ectIon jjOX \ .:>,.:>.:>U.UU lVV/O -', Railing 2,450.00 100% 2,450.00 100% 6" Sludge Main 2,150.0U 100% ¿, DU.UU . lOU% Mobilization 6,000.00 100% 6 000.00 100% ~LUage L.Ol1ecnon System 29,525.00 100% 29.525.uu 100% Total S 63,342.00 $ (Oril!. Contract) CO. No, ) Thru 6 13,996.67 13,996.67 100% 4,618.90 C.O. No.2 Total Contract 77,338.67 77,338.{J7 4,618.90 Accompanying Documentation: GROSS AMOUNT DUE.................... LESS _ % RETAINAGE ................ AMOUNT DUE TO DATE.... . " . .... .... .. LESS PREVIOUS PAYMENTS ............ M10UNT DUE THIS APPLICATION .... S 77,338.67 S -O- S 77,33'6.67 $ 65,430.31 S 11,908.36 -' CONTRAcroR'S Certification: The undersigned CONTRAcroR certifies that: (1) ail previous progress payments received from OWNER on account of Work done under the Contract rcfClTCd to above havè been applied to discharge in fiùl all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through incIusivc; (2) title to all Work. materials and equipment incorporated in said Work or otherwise listed in or covered by this Appücation for Payment w1ll pass to OWNER at time of payment free and clear of ail liens. claims. sccurity interest and encumbrances (except such as are covered by Bond acceptable to OWNER indemnifying OWNER against any such lien; claim, security interest or encumbrance); and (3) ail Work covered by this Application for Payment is in accordance with the Contract Documents and not d~f~ctiv~ as that tenn is defined in the Contract Documents. Dated March 27 2002 Hutchinson Utilities Service Corp. By Payment of the above AMOUNT DUE THIS APPLICATION is recommended. Dated 1/-'9" I ,20 ()?- Þ1fJ~~/I fop q 1-10(1-<7"7 '~,.... ./ ENGINEER (j- " ~.~¿¿(.,/ {'5.({:)j/:0Ý,~ (Autnorized Signature) By ElCDC No. 1910-8-E (1990 Edition) Prcpared by the Eneineen Joinl Conlr4Ct Documen.s Committee and cndo<'scd by The Associaled Ge""", Conlr'aclOrs or Arnene. 00800-25 \w .,.I f I f ~ FINAL RECEIPT Received this day of A.D., 20_ of as fuH and final payment of the cost of aH improvements provided for in the foregoing contract the sum of Dollars and Cents, ($ ), in cash, being the fuH amount accruing to the undersigned by virtue of said Contract, said cash covering and including full payment for all extra work and material furnished by the undersigned in the construction of said improvements, and all incidentals thereto, and the undersigned hereby releases the said from all claims whatsoever growing out of the said Contract. , These presents are to certify that all persons doing work upon or furnishing materials or supplies for said improvements under the foregoing Contract have been paid in full. The undersigned further certifies that all taxes imposed by Chapter 212, Florida Statues (Sales and Use Tax Act), as amended, have been paid and discharged. ()' / 1)1' ;) ~·lcG~L<-- CL /,C tA_L,~ T::~ CONTRACTOR'J 202fJN2JOO 00800-29 _ _?J.l~,.....:.it~..ri:"';¡;'~~;ì-~...r';;~i..51'.r:~,;·_<T~~~,-"~:r:.~.:.:·. '-' "'-' WAIVER AND RELEASE OF UEN UPON FINAL PAYMENT The undersigned lienor, in consideration of the final payment in the amount of _ $2610.00_ here by waives and releases its lien and right to claim lien for labor, services or materials fumished to _HUTCHINSON UTILITIES SERVICE _ only on the job of _ HOLIDAY PINES _ to the following described property: "HOLIDAY PINES GOLF COURSE - SET AERATED EQUALIZATION TANK @ WATER TREATMENT PLANT" This release is contingent upon full collection by the undersigned of any and all checks, drafts and instruments given in payment for labor, services or materials on the job. This waiver and release does not cover any retention, or labor, services, or materials fumished after the date specified. JANUARY 8, 2002 STATE OF FLORIDA COUNTY OF HILLSSOROUGH The foregoing instrument was acknowledged before me this date of _ 01/08/2002_ by JANICE JAMESON _ as _ ASSIST. CORP. SECRETARY _' of Sims Crane & Eauipment Co.. who is personally known to me or has produced N/A (type of identification) and who hereby acknowledges the execution of the foregoing instrument for and on special instance and request. !\ " lì;.~ \ Iii Ii' , ~ I ¡~,' I'.ì . ~ í \.:jCU lU{(L Ji,{ (/p/IU{(kL NOTARY PÚSLlC J ¡ {t1;~}:~'":~~;;!K~i:¡ ".N, ;,~ ,-,,-,i'JCiNG CG., INC. NOTE: This is a statutory form prescribed by Section 713.20,Florida Statutes (1997). Effective October 1, 1997, a person may not require a lienor to furnish a waiver or release of lien that is different from the statutory form. '-' .....,,; Advanced Electrical Technologies WAIVER OF LIEN Know All Men By These Presents: that Hutchinson Utilities Services Corp for and in consideration of$I,105.49 dollars and other good and valuable considerations, lawful money of the United States of America, to me in hand paid, the receipt whereof is hereby acknowledged, does hereby waive, release, remise and relinquish any and all right to claim any lien or liens for work done or material furnished, or any kind or class of lien, whatsoever on the following described property: Holiday Pines Wastewater Plant Dated this l q ~, ~·l,- day of '")''- L c~ '- c-L--... " ~~ 20'-'2at n,-~'c I (:-,c -,Çounty. B8"Cc'-'-~~)(.~S~b µLC-'-L Advanced Eíectrical Techñologies . «lA~A'- (l ~¡c KAREN A. REX My Comm Exp. 12/1012005 '1 No. DD 077733 P&I'SOMltyi(r:OW!"I r'!")!i:",1D. Mar-28-02 04~P Hutch;nson Utilit;es Serv 1-561-223~66 P_02 WAIVER OF LIEN Know All Men By These Presents: that Hutchinson Utilities Services Corp for and in consideration of $19,906.00 dollars and other good and valuable considerations, lawful money of the United States of America, to me in hand paid, the receipt whereof is hereby \ acknowledged, does hereby waive, release, remise and relinquish any and alI right to claim any lien or liens for work done or material furnished, or any kind or class of lien, whatsoever on the following described property: Holiday Pines Wastewater Plant Datëd this -')~CL ---.¿ d f /1/);/., ay 0 )-t r- ,ç., '-' 20,:::~aur,., ,~c ,,"';"jcounty. / ~f¡¡dIM~ NRG I··. ...- ~ / " I \ , l] // ,/-:'- "--~\/:\\.C' Notarial Seal Andrew P. Rolli, Jr., Notary Publlo Lower Merion Twp.. Montgomery CounlV My Commission Expires Sept. 30, 2002" Member, P9nnS'Ilv8nlA ~ssoclationofNotanBs 2 '-' -J ... AGENDA REQUEST ITEM NO. C-9ff DATE: May 7, 2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) : Utilities Department william R. Blazak SUBJECT: Recommend approval of final payment and Hutchinson Utilities Service Corp. for the North Clarifier project in the amount of $11,908.36. final is $77,338.67. release of retainage for County/Holiday Pines Total contract price after FUNDS AVAIL.: 471-3600-563000-300 471-0000-205100-000 Final on P.O. $4638.33 Retainage $7270.03 PREVIOUS ACTION: see attached RECOMMENDATION: Staff recommends that the Board approve the final pay request and release the retainage for the North County/Holiday pines Clarifier project in the amount of $11,908.36. Coordination/Siqnatures COMMISSION ACTION: ......'" lX [ APPROVED OTHER: DENIED County Attorney:X f ¡" r/.¡v\:. / Originating Dept:X ,\;J,r¿, /~>l//~ Finance Director: (Check for ¿Opy only, 9r t~J<l Mgt. & Budget:X U/J '1f)/T1tÝ; Purchasing Other: Other: if applicable)____ Eff. 5/96 '-' '..,J BOARD OF COUNTY CO)y\NU5SJ ,ONER5 UTl UTl ES DEP:/"zh.RTN\ENT W'ILLlAlv\ OLAZAK DIRECTOR MEMORANDUM TO: Board of County Commissioners '/I;~I/ William Blazak, Utility Director U.J \: / May 7,2002 FROM: DATE: RE: Automatic Adjustment - Florida Public Service Commission Indexing BACKGROUND: Adoption of Resolutions No. 96 -216 (North Hutchinson Island) and 99-108 (North County Utility District) allowed for the automatic adjustment of revenue generating fees for the offset of additional operating costs on an annual basis. The basis for the adjustment was to be the annual Florida Public Service Commission (pSC) "operating cost index". Consistent with Section 367.081 .(4)(a), Florida Statues, and Rule 25-30-420, Florida Administrative Code the rates will increase according to the annual percentage of2.33% as published by the PSC. The rate increase affects only operating revenues and does not affect connection or capital charges. The operations and maintenance contract and the bulk water agreement with Ft. Pierce Utility Authority both contain the PSC indexing have increased accordingly. Our Utility Consultant concurs that the indexing should be implemented in the following Utility Districts based on operating revenue and expense review: North County Utility District North Hutchinson Island Utility District HEW /Lakewood Park Utility District Attached are all affected rate schedules with noted changes and the newsletter to be distributed to the customers to notice them ofthe automatic adjustment that will be effective June 1,2002. The PSC publishes the Indexing percentages annually in March and they represent the annual average cost, increase or decrease, to operate a utility in Florida. Even though the Board has approved the Automatic Adjustments as of part of the respective Rate Resolutions recent changes in the law require that the Board of County Commissioners be notified at a regular meeting and that the affected customers be notified in their monthly bill prior to the adjustment occurring. JOHN D. ßRUHN, Disrrict NO.1' DOUG COWARD. Disrrict No.2' PAULA A. LEWIS. Disrricr No. J . FRANNIE HUTCHINSON. District No 4 . CUFF ßARNES. Districr No.5 County Adminisrroror - Douglas M. Anderson 2300 Virginia Avenue Q Fort Pierce, FL 34982 · Phone (561) 462-1150 . FAX (561) 462-1153 '-w ..,,; The customers will be notified with this months utility billing. A copy of the information sent to our customers, as wen as a list of the affected rates as a result of the automatic adjustments, are attached for review. The H.E.W. rates were established when the County began operation of the system by default of the owners and the Consultant has recommended to increase those rates as well. Utilities is currently in the process of preparing preliminary engineering to connect the H.E.W. water system to the North County System to improve the reliability as well as standardize rates in the North County District. St. Lucie County Utilities negotiated this indexing as part of our Operating and Maintenance contract and the recent Bulk Water Purchase Agreement with the Fort Pierce Utility Authority(FPUA). The purpose of implementing indexing was to achieve a fair and equitable basis for an annual increase or decrease of associated utility operating costs. This practice has occurred annually with not only our current contract with FPUA for bulk water but also with our Operations and Maintenance contract. ' When the PSC publishes the annual indexing our Utility Consultants review the recommended indexing percentage and review our annual financial revenue reporting to determine the impact of the cost increases. The PSC published increase for this year is 2.33% and our consultant has recommended to implement the increase in our revenue related charges to offset additional incurred operational costs to the Districts. RECOMMENDATION: Staffrecommends approval of the automatic adjustments consistent with rate resolutions and Consultant recommendations. \ìAY. -01 ¡J 2 me D ) ¡ 3 ,'" \w DUS CONSULTANT TEL:7i9 576 2i29 'WI ;;r ~c, ë .=~;':,~ '<'-'·"-'iilt2·d"l*" ,i;"- ANTHONY L. ELlA. JNC 441aSTAR RANCH RÖAD- COLORADO SPRINGS, CO, 809ce 800-440-2660 May 1 2002 Patty Wallace St. Lucie coUnty Utilities 2300 Virginia Ave. Ft. P1erce, Florida 34982 Re: Automatie yearly mdexi.-¡g Dear Patty; This is to- inform you that it is proper and- correct to put into affect at this rime the autOmatic yearly inde:cing.rate increase as set forth in rate tariff and bond resolution. This increase is determined by the "operating cost index" pubiisbed by the FJorida Public Service Commission, pursuant to Florida statues and codes., TheiOOexing per&:~tage for the )leaf 2001 was-2.3J% a.'1d therefore that percentage increase should be applied across the board on all rates. I fully concur with the indexing increase being applied at this time in order for the utility to keep up with the mcreased cost On the utility !öy~tems. ~......-...., ~~ Very.J'~Y-·~ ~!_~ ' : .~::. /" "....... ~.... // :-/;:::>~ - ~ - ' d:V-' - ~',.-ArÍthony .' a , Inc_ P. 00 ¡ "' ..: ". "~ \., ~)- _ . " ¡ i ~ :;- --7~~' ~:~:;;".;,~, .~\",itij-k~ t:{?~J~'¡j}r . ...'J ,I t I ~jJ.~,j 1 U T'·····'· : I· ",-' '... . ~ L I T I E S '~.:..·.....·.~.'.11··-.··' ...~,..i...··.. ifJi' "1_ ~'" :'1'~ ',to>' ,- T.s:.< -. ~k I ..~.':.'.. ......... ~'~. \ ... ~..~.. . "..-~~~ ~'~- - ''''- .",,';;:;;C<.' '. ..'.. ~Y ..._~ i~: ~ ~, "'''., ,', ;(..... t~.... é~"~l:~" '?u {' '. , -,)4;'~. t ._:~,.Æ .. ..""., "",;¡;:¡jf ",,~.," "¡J, ,~' ::<~ ;'f~.~ .,~~{:- ......":1. '.';.~~ j!"'··'·l.'. ~.'.'.- :~'~: - :;;... ·~.'1 ..... ".~ lif,.. '~',- .'- "1·" ij;'>IJ, ù·,.;.' ..,;~,)- "'~-- ',< -;::;7----_~ --~+~, 11. ..~~,; !~.r.-::::.4__ ..:..0/ ;,;, '1~>"'·'I···::':~·~;·,:·r~.~~.~~;~~:§ ~~ . i ~. , .. ::"j1!i.~ ~.~ ., ,'. .. ,'¡G~ ,. .,'" ",. JK,'\' . '.!'¡e'·~ ~ y;'~ ''''. ~ 1Jj ~~~~ ail ;~~ .~~~~~"'~-.........--~..~. ,,~. ..,,",~~- - Notice o'f Rate Change Duero annual inC¡"ZaSe3 by Ft. Pízrcz. Vrliity Authority in the bulk water thzy sz.!I to St. Lucie County Utili·tj,~s end increases in the operation and maintenance contr·:¡ct, St. Luciz County Utiliti~s must pass on the increased costs consistent with the rate resolutions allowing for automatic adjustments. This increase is in accordance with the Public Service Commission Annual Price Index in the amount of 2.33/'0. St. Luci'Z. County Utilities works hard to keep the costs of operating the utility systems that W'Z. manege down. We will continue to work to reduce and stabilize costs for all utility districts. Rate Aeplicable te: Rate Þrior to Rate as of North Hutchinson Island 6/1/02 6/1/02 Water Base Facility Charge Single Family Yo ., Meter $9.25 $9.47 \Vater Base Facility Charge - MuJti Family $6.57 S6./J Water Base Facility Charge - General Service (Commercial) - J/," meter - all meter $9.25 59.47 charges will inçn:a::;e by 2.33% based 011 metcr size \Varcr per thousand gallons $3.79 $3.88 \Vastewatcr Base Facility Charge - Single FamUy $11.49 S 11.76 Was!Cwater Base Facility Charge - Multi Family 510.54 510.79 Wastewater Sase Facility Charge - General Serviœs (Commercial) -~, ' meter- all 511.49 S 11.76 ¡,;harges wiII increase by 2.33~/a based on meter size \Vastewater per thousand gallonš $4.99 $51 I Rate Applicable to: Rate Prior to Rate as of North County / Holiday Pines 6/1/02 6/1/02 Water Base Facility Charge Single Family %.. Meter $28.33 528.99 Water Base Facility Charge ,- "Julti Family 528.33 $28.99 Water Base Facility Charge - General Service (Commer<::ial) - ';:;" meter - all meter $42.50 543,49 charges will ìncreasc by 2.33~'Ó based on meter size Water per thousand gallons $3.29 $3.37 'N:Jstewater Base Facility Charge - Single Family 516.32 516.70 Wastewater Base Facility Charge - Mu1ti Family 516.32 516.70 Wastewater Sase Facility Charge - General Services (Commercial) - % . meter - all $24.48 $25.05 ch<Jrges wiJI increase by 2.33% based on meter size \Vast¡;water per thousand gaJIons $2.61 $2.67 Rate Applicable to: HEW / Lakewood Park Customers Rate as of 6/1102 Rate Prior to 6/1/02 Water per month Flat Rate $34.80 $34.00 Wastewater per month Flat Rate 534.00 $34.80 Total monthly bill %9.60 $ó8.00 \w ..,¡ ST. LUCIE COUNTY UTILITIES HEW/LAKEWOOD PARK HEW RESIDENTIAL WATER AND W ASTEW A TER RATES Rate applicable to: Rate Drior to Rate as of For HEW /Lakewood Park Customers 6/1/02 6/1/02 Water Per month Flat Rate $34.00 $34.80 Wastewater Per month Flat Rate $34.00 $34.80 Total monthly bill regardless at usage $68.00 $69.60 \w "wi ST. LUCIE COUNTY NORTH HUTCHINSON ISLAND UTILITY DISTRICT SCHEDULE OF UTILITY RATES, FEES AND CHARGES WATER RESIDENTIAL SERVICE APPLICABILITY For water service for all purposes in single-family homes, individually metered multi-family units. MONTHLY RATE- Base Facility Charge (no gallonage allowance): Meter Size Base Facility Base Facility Charge Charge as of 6/1/02 3/4" ~ $9.47 1" $22.89 $23.43 1-1/2" $46.25 547.33 2" $74.04 $75.77 Gallonage charge per 1,000 gallons; $ 3.79 $3.88 APPLICABILITY - MULTI-FAMILY RESIDENTIAL SERVICE For water service for all purposes in multi-family residences served by a master meter. MONTHLY RATE - Base facili Meter Size Base Facility Charge Base Facility Charge as of 6/1/02 $6.73 per unit All meter sizes $&9 Gallonage charge per 1,000 gallons; $-a:T9 $3.88 -1- ..... "'" WATER GENERAL SERVICE APPLICABILITY - For water service for all purposes for customers who do not qualify for residential or multi-family services MONTHLY RATE Base Facility Charge (no gallonage allowance): Meter Size Base Facility Base Facility Charge Charge as of 6/1/02 3/4" $9:%5 $9.47 1" $22.89 $23.43 1-1/2" $46.25 $47.33 2" ~ $75.77 3" $2:31.40 $236.80 4" $462.81 $473.60 6" $73:).83 'S 757.07 8" $8:32.33 $851.73 Gallonage charge per 1,000 gallons; $-&-T9 $3.88 FIRE HYDRANTS APPLICABILITY - For service to fire hydrants (ie: temporary construction meters) MONTHLY RATE - $250.00 advance payment required. Balance of unused advance payment refundable upon return of meter in good working condition. Gallonage charge per 1,000 gallons: $3:-7-9 $3.88 -2- ~ 'wi METER INSTALLATION FEES 3/4" meter 1" meter 1 1/2" meter 2" meter 3" meter All Above 3" - Actual Cost $150.00 200.00 500.00 1,000.00 2,500.00 Service Line Charges Short Service long Service $275.00 $450.00 WASTEWATER RATE SCHEDULE RESIDENTIAL SERVICE APPLICABILITY - For wastewater service for all purposes in single family homes, individually metered multi-family units. MONTHLY RATE- Meter Size Base Facility Base Facility Charge Charge as of 6/1/02 All Meter Sizes $11 .40 $11 .76 Gallonage charge per 1,000 gallons: (Maximum 6,000 gallons) $4.90 $5.11 MULTI-FAMilY RESIDENTIAL SERVICE APPLICABILITY - For wastewater service for all purposes in multi-family residences served by a master meter. MONTHLY RATE - Base Facility Charge times number of units (no gallonage allowance): Meter Size Base Facility Base Facility Charge Charge as of 6/1/02 All Meter Sizes $10.54 $10,79 per unit Gallonage charge per 1,000 gallons: (To a maximum of 5,400 gallons times the number of units) $4-:-99 $5.11 -3- \.,.- ~ GENERAL SERVICE APPLICABILITY - MONTHLY RATE - For wastewater service for all purposes for customers who do not qualify for residential or multi-family services. Base Facility Charge: Meter Size Base Facility Base Facility Charge Charge as of 6/1/02 3/4" $11 .49 $25.05 1" $25.75 $41.74 1-1/2" $49.45 $83.4 7 2" $ 77.92 $133.57 3" $153.02 $267.12 4" $239.25 $¿ 17.38 6" $ 476.50 $834.75 8" $761.20 $1335.62 10" $1093.3:; $;118,83 12" $2042.35 $2089.94 Gallonage charge per 1,000 gallons: No maximum gallonage . -$5:98 $5.12 MISCELLANEOUS SERVICE CHARGES REQUEST FOR METER TEST BY CUSTOMER Meter Size Fee 3/4" 1" and 11/2" 2" and above $30.00 $30.00 Actual cost of test If the meter is found to register in excess of the accuracy limits prescribed by the Utility, the deposit will be refunded. But if below such accuracy limit, the deposit will be retained by the District as a service charge for conducting the test. -4- \.... 'WI RECONNECT CHARGES Normal Hours After Hours Normal reconnection Violation reconnection Premises Visit (in lieu of disconnection) $30.00 $30.00 $30.00 $45.00 $45.00 $45.00 GUARANTEED REVENUES Whenever developers are required to pay guaranteed revenue fees, the charge for each equivalent residential connection required to be supported by the guaranteed revenue fees shall be as follows: Each equivalent residential connection, monthly, as determined by the Utility Water Wastewater Total $4&.Ð- $47.36 $19.81 $20.23 $%&.46 $27.08 -5- '-' '...I CONNECTION CHARGES Water Plant Wastewater Plant Sinale Familv Residential including detached residences duplexes, triplexes, townhouses and one-story garden apartments, all 3/4" meters $1122.00 $1485.00 Lines Lines $222.00 $320.00 Total $1344.00 $1 {305.00 1" Meter Plant Plant $1874.00 $1485.00 Lines Lines $222.00 $320.00 Total $1874.00 $1805.00 2" Meter Plant Plant $5980.00 $1485.00 Lines Lines $222.00 $320.00 Total $6202.00 $1805.00 -6- \..r ....,,¡ Multi-Family Master Metered· Per Unit Water Wastewater 71.43% of Sinale Family 90% of Sinale Family Residential Charaes Residential Charaes $801.00 $1336.50 Lines Lines $159.00 $288.00 Total $960.00 $1624.50 \ Commercial. Industrial & Institutional Per ERC - for each 250 aallons Der Deak day of anticiDated water flow Plant Plant $1122.00 $1485.00 Lines Lines Total $222.00 $1344.00 $320.00 $1805.00 -7- \r -...I CUSTOMER DEPOSITS APPLICABILITY - Before rendering service, the County will require a deposit to secure the payment of bills which shall be non-negotiable and non-transferrable. The amount of such deposit shall be an amount at least necessary to cover charges for service for two billing periods. Deposit Type Meter Size Water Deposit Wastewater Deposit Amount Amount Residential 3/4" $45.00 $50.00 Residential 1" $85.00 $225.00 Residential 1 y,," $110.00 $315.00 Residential 2" $220.00 $685.00 Multi-Family $30.00 $45.00 Per Unit General Service 3/4" $50.00 $100.00 General Service 1" $115.00 $320.00 General Service 1 112" $200.00 $1400.00 General Service 2" $600.00 $1600.00 General Service 3" $700.00 $1900.00 4" and above Two months Two months Estimated bill Estimated bill -8- ~ ~ RECLAIMED WATER RATE SCHEDULE APPLICABILITY - For all users of reclaimed water. MONTHLY RATE- Base facility charge - NONE Gallonage Charge: ~ ,per 1,000 gallons used. ,'þ2.5ô, ;=:'sr 1 ,GOe gaíJcr;s G32C. Minimum aallonaae billed per month. Class M Customers - volume of reclaimed water flow, as determined by monthly potable water meter. Class V Customers - no minimum required volume. RECLAIMED WATER METER INSTAllATION FEE METER SIZE Amount 1" Meter 2" Meter 4" Meter 1" 1" 2" 2" 4" 4" SERVICE LENGTH SHORT LONG SHORT lONG SHORT lONG $200.00 $1000.00 $2500.00 TOTAL ESTIMATED CONNECTION COST $890.00 $1740.00 $1510.00 $2560.00 $5510.00 $9010.00 METER SIZE Costs shown are for connections constructed by SLCU contractor. Developers may use a contractor of their choice, in which case the only developer obligation to SLCU would be the meter cost. If customer is on the same side of A1A as reclaimed water main, a short service is required. If the customer is on the side opposite the reclaimed water main, a long service is required. -9- \r ~ AUTOMATIC ADJUSTMENTS The rates, fees, and charges described herein, shall be automatically decreased or increased, without hearing, upon application by the utility as follows: 1. For implementation of a decrease or increase in the rates, fees, and charges charged to the utility for water and/or wastewater utility services, bulk water, electric power, or the amount of taxes or assessments levied against the utility, if any. , 2. Annually as of the first day of the fiscal year, based upon an "operating cost index", The index shall be the Price Index in effect on the adjustment date determined by the Florida Public Service Commission, pursuant to Section 367.081.(4 )(a), Florida Statutes, and Rule 25-30-420, Florida Administrative Code, as amended from time to time. 3. In the event that costs have been incurred for water quality testing required by regulatory agencies or that costs have been incurred as a result of the promulgation of regulations by other governmental agencies related to treatment procedures for water and sewage. -10- "'"' -.J ST. LUCIE COUNTY NORTH COUNTY UTILITY DISTRICT SCHEDULE OF UTILITY RATES, FEES AND CHARGES WATER RESIDENTIAL SERVICE APPLICABILITY For water service for all purposes in single-family homes, individually metered multi-family units. MONTHLY RATE - Base Facility Charge (no gallonage allowance): Meter Size Base Facility Base Facility Charge Charge as of 6/1/02 3/4" $Z8:æ $28.99 1" $T9:83 $72.48 1-1/2" $141.63 $144.93 2" $228.62 $231,90 Gallonage charge per 1,000 gallons; $ 3.29 $3.37 MULTI-FAMILY RESIDENTIAL SERVICE APPLICABILITY - For water service for all purposes in multi-family residences served by a master meter. MONTHLY RATE- Base fa cilitv charQe (no QallonaQe allowance): Meter Size Base Facility Base Facility Charge Charge as of 6/1/02 3/4" $Z8:æ $20.71 1" $T9:83 $72.48 1-112" $141.63 $144.93 2" $226.62 $231.90 3" $453.25 $463.81 4" $708.20 $724.71 6" $141(;.40 $1449.41 8" $22C6.N $2319.05 Gallonage charge per 1,000 gallons; $ 3.2::> $3.37 -1- "" ...., WATER GENERAL SERVICE APPLICABILITY - For water service for all purposes for customers who do not qualify for residential or multi-family services MONTHLY RATE Base Facility Charge (no gallonage allowance): Meter Size Base Facility Base Facility Charge Charge as of 6/1/02 3/4" $42.50 $43.J.9 1" $78.83 $72.48 1-1/2" $141.63 $144.93 2" $226.62 $231.90 3" $453.25 $463.81 4" $708.20 :$724.71 6" $1416.40 3,449.41 8" $22CC.24 :32319.05 Gallonage charge per 1,000 gallons;$--&.29 $3.37 PRIVATE FIRE PROTECTION SERVICE APPLICABILITY - For fire protection service. MONTHLY RATE - Line Size Amount 4" 6" 8" $ 235.:18 $241.48 $ 471.:13 $482.93 $ 754.27 $77'1.85 Gallonage charge per 1,000 gallons: &.29 $3.37 -2- "" ...." FIRE HYDRANTS APPLICABILITY - For seNice to fire hydrants (ie: temporary construction meters) MONTHLY RATE - $250.00 advance payment required. Balance of unused advance payment refundable upon return of meter in good working condition. Gallonage charge per 1,000 gallons: 8-:29 $3.37 METER INSTAllATION FEES AMOUNT 3/4" meter 1" meter 1 1/2" meter 2" meter 3" meter All Above 3" - Actual Cost $150.00 $200.00 $500.00 $1,000.00 $2,500.00 -3- '-' ....." WASTEWATER RATE SCHEDULE RESIDENTIAL SERVICE APPLICABILITY - For wastewater service for all purposes in single family homes, individually metered multi-family units. MONTHLY RATE- Meter Size Base Facility Base Facility Charge Charge as of 6/1/02 3/4" $16.32 1ì1ê.70 1" ~ $41.74 1-1/2" $8+51 $2347 2" $130.52 $133.57 Gallonage charge per 1,000 gallons: $r.64 $2.67 (Maximum 10,000 gallons) MULTI-FAMILY RESIDENTIAL SERVICE APPLICABILITY - For wastewater service for all purposes in multi-family residences served by a master meter. MONTHLY RATE- Base Facility Charge (no gallonage allowance): Meter Size Base Facility Base Facility Charge Charge as of 6/1/02 3/4" $16.32 $15.03 1" $40.79 $41.74 1-1/2" $8+51 $83.4 7 2" $130.52 $133.57 3" $261.03 $267.12 4" $.407.87 $417.38 6" $ 815.74 $834.75 8" $1305.20 $1335.62 Gallonage charge per 1,000 gallons: $r.64 $2.67 (Maximum 10,000 gallons x number of units -4- '-' ....,; GENERAL SERVICE APPLICABILITY - For wastewater service for all purposes for customers who do not qualify for residential or multi-family services. MONTHLY RATE - Base Facility Charge: Meter Size Base Facility Base Facility Charge Charge as of 6/1/02 3/4" $24.48 £25.C5 1" $40.79 $41.74 1-1/2" $81.57 $83.4 7 2" $130.52 $133.57 3" $261.03 $267.12 4" $407.87 $417.38 6" $ 815.74 $834.75 8" $1305.20 $1335.62 Gallonage charge per 1,000 gallons: -$2:&t $2.67 (Maximum 10,000 gallons) MISCELLANEOUS SERVICE CHARGES REQUEST FOR METER TEST BY CUSTOMER Meter Size Fee 3/4" 1" and 1 1/2" 2" and above $30.00 $30.00 Actual cost of test If the meter is found to register in excess of the accuracy limits prescribed by the Utility, the deposit will be refunded. But if below such accuracy limit, the deposit will be retained by the District as a service charge for conducting the test. RECONNECT CHARGES Normal Hours After Hours Normal reconnection Violation reconnection Premises Visit (in lieu of disconnection) $30.00 $30.00 $30.00 $45.00 $45.00 $45.00 -5- \w- ..., GUARANTEED REVENUES Whenever developers are required to pay guaranteed revenue fees, the charge for each equivalent re'd f If' d t b ws: Sl en la connec Ion require 0 e SUPI orted bv the auaranteed revenue fees shall be as folio Meter Size Water - Water - Wastewater - Water - Guaranteed Guaranteed Guaranteed Guaranteed Revenue Charge Revenue Charge Revenue Revenue as of 6/01/02 Charge Charge as of 6/01/02 3/4"residential $2&.&t 327.47 $15.21 $':5.57 3/4" commercial $4&.%6 $4'1.20 $22.82 $23.36 1" $6r.4Ø ,~"r- "7 $:38.03 $'J~ q" ,...00.0, ...;'v.....,;;;:, 1-1/2" $134.2(1 $'137.33 $76.06 $77.34 2" $214.72 $219.73 $121.69 $124.53 3" $429.43 $439.44 $242.28 $247.93 4" $678.:1:1 $886.63 $388.2:1 $389.15 6" $1341.97 $1373.24 $7GO.S7 $778.30 8" $2147.16 $2197.19 $1216.91 $1245.27 WATER ACCRUED GUARANTEED REVENUES Whenever developers are required to pay accrued guaranteed revenue fees, the charge for each equivalent residential connection required to be supported by the guaranteed revenue fees shall be as follows: $788.25 per eRC $806.62 per ERG WASTEWATER ACCRUED GUARANTEED REVENUES Whenever developers are required to pay accrued guaranteed revenue fees, the charge for each equivalent residential connection required to be supported by the guaranteed revenue fees shall be as follows: $19:17.83 per eRG . $2044.38 per ERC -6- '-' ..., CONNECTION CHARGES Water Plant Wastewater Plant Sinale Familv Residential including detached residences duplexes, triplexes, townhouses and one-story garden apartments, all 3/4" meters $861.00 $325.00 Lines Lines $244.00 $ 602.00 \ Total $1105.00 $ 927.00 1" Meter Plant Plant $861.00 $325.00 Lines Lines $244.00 $ 602.00 Total $1105.00 $ 927.00 2" Meter Plant Plant $861.00 $325.00 Lines Lines $244.00 $ 602.00 Total $1105.00 $ 927.00 -7- \.r ..." Multi-Familv Water Wastewater Per Unit $861.00 $325.00 Lines Lines $244.00 $ 602.00 Total $1105.00 $ 927.00 Commercial, Industrial & Institutional Plant Plant Per ERC \ $861.00 $325.00 Lines Lines $244.00 $ 602.00 Total $1105.00 $ 927.00 -8- \., ,...¡ CUSTOMER DEPOSITS APPLICABILITY - Before rendering service, the County will require a deposit to secure the payment of bills which shall be non-negotiable and non-transferrable. The amount of such deposit shall be an amount at least necessary to cover charges for service for two billing periods. Deposit Type Meter Size Water Deposit Wastewater Deposit Amount Amount Residential 3/4" $45.00 $50.00 Residential 1" $85.00 $225.00 Residential 1 W' $110.00 $315.00 Residential 2" $220.00 $685.00 Multi-Family $30.00 $45.00 Per Unit General Service 3/4" $50.00 $100.00 General Service 1" $115.00 $320.00 General Service 1 }f." $200.00 $1400.00 General Service 2" $600.00 $1600.00 General Service 3" $700.00 $1900.00 4" and above Two months Two months Estimated bill Estimated bill -9- .. w ...J AUTOMATIC ADJUSTMENTS The rates, fees, and charges described herein, shall be automatically decreased or increased, without hearing, upon application by the utility as follows: 1. For implementation of a decrease or increase in the rates, fees, and charges charged to the utility for water and/or wastewater utility services, bulk water, electric power, or the amount of taxes or assessments levied against the utility, if any. 2. Annually as of the first day of the fiscal year, based upon an "operating cost index". The index shall be the Price Index in effect on the adjustment date determined by the Florida Public Service Commission, pursuant to Section 367.081.(4)(a), Florida Statutes, and Rule 25-30-420, Florida Administrative Code, as amended from time to time. 3. In the event that costs have been incurred for water quality testing required by rE!gulatory agencies or that costs have been incurred as a result of the promulgation of regulations by other governmental agencies related to treatment procedures for water and sewage. -10- '-" ...., ..... AGENDA REQUEST ITEM NO. C-9-B DATE: May 7, 2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) : Utilities De9artment William R. Blazak SUBJECT: Automatic Adjustments of Utility rates for the North County Utility District, North Hutchinson Island and H.E.W. Utilities. The Resolutions, 96-216 and 99-108,were approved by the Board of County Commissioners and provide for the automatic adjustment. The amount of the adjustment is 2.33% consistent with the Florida Public Service Commission Indexing. FUNDS AVAIL: N/A PREVIOUS ACTION: BOCC approved existing rate resolutions. RECOMMENDATION: Staff recommends approval of the automatic adjustments consistent with the recommendation of our utility consultant. COMMISSION ACTION: Coordination/Siqnatures derson Administrator [ X· [ ] APPROVED OTHER: ] DENIED County Attorney:X Mgt. & Budget: Purchasing Other: if applicable)____ Other: Eff. 5/96 \.-- '-' ..., Agenda Request Item Number Date: c- lOA- May 7, 2002 [X] [ ] [ ] Quasi-JD [ ] Consent Regular Public Hearing Leg. [ ] SUBJECT: Simple Success Marketing Advertising Invoices To: Board of County Commissioners Submitted By: Community Development - TOURISM BACKGROUND: Simple Success Marketing has been contracted to provide advertising services for the St. Lucie County Tourist Development Council. The attached invoices in the amount of $33,496.75 representing costs for the following: $ 1,615.00 $ 8,886.75 $22,995.00 Retainer Fee Media Placement Coupon Book FUNDS AVAILABLE: Request approval for payment on the invoices for the month of April in the amount of $33,496.75. 611-5210-534000-500 Other Contractual Services - $11,615.00 001-5210-548010-500 General Fund (Recovery Plan) - $21,881.75 N/A The Tourist Development Council and Staff recommend Board approval to pay the attached invoices. PREVIOUS ACTION: RECOMMENDATION: County Attorney Originating Dept.~ Finance: J¿ o glas M. Anders ounty Administrator COMMISSION ACTION: r!5 APPROVED D DENIED OTHER Purchasing: Other: '-" ~ SIMPLE SUCCESS MARKETING, INC. 2646 SW Mapp Road Suite 305 PALM CITY, FLORIDA 34990 INVOICE 5147 (561) 287·2098 April 1 , 2002 DATE TO St. Lucie County Tourism Department ATTN: Gayla Barwick 2300 Virginia A \'e. Ft. Pierce, FL 34982 CUSTOMER ORDER NO. SAl.ESPERSON VIA TERMS: Due Upon Receipt QUANTITY DESCRIPTION PRICE AMOUNT Service Retainer April 1-30, 2002 $1615 00 TOTAL $ 1,615 00 THANK YOU c IiiiiiiiJTo_ _ 211 .. OI....cam c , .,. '-" ...,J SIMPLE SUCCESS MARKETING, INC, 2646 SW Mapp Road Suite 305 PALM CITY. FLORIDA 34990 INVOICE 5294 (561) 287-2098 April 22, 2002 DATE TO S1. Lucie County Tourism Department ATTN: Gayla Bam'ick 2300 Virginia Ave. Ft. Pierce, FL 34982 CUSTOMeR OAOER NO. SALESPERSON VIA TERMS Due Upon Receipt QUANTITY DESCRIPTION PRICE AMOUNT Atlanta Journal Constitution Travel Section 2 Col x 5"; B&W Insertion Date: Sunday, ~larch 3. 2002 $3915 70 TOTAL $ 3,915 70 \GCA.~\~- Q4!.eOl (i!t~ <?\Q.~ THANK YOU \.- éli!!!J To_ ~or__ ( .' '-" "WI SIMPLE SUCCESS MARKETING, INC. 2646 SW Mapp Road Suite 305 PAlM,CITY. FLORIDA 34990 INVOICE 5296 (561) 287-2098 April 22, 2002 D.-TE TO St. Lucie County Towism Department ATTN: Gayla Barwick 2300 Virginia A vc. Ft. Pierce, FL 34982 CUSTOMeR a:.OER NO SALESPERSON VIA TERMS Due Upon Receipt QUANTITY DESCRIPTION PRICE AMOUNT Bergen Record Travel Section 2 Co! x 5"; B&W Insertion Date: Sunday, February 24, 2002 S 1 462 70 TOTAL $ 1,462 70 /0(/ ¡f( 1$..... .If' ~(/M?( y /¿".,v THANK YOU ( IMiiil To_ m 22! 1380 Of ftIbI.com c . \..- .." SIMPLE SUCCESS MARKETING, INC. 2646 SW Mapp Road Suite 305 PALM CITY, FLORIDA 34990 INVOICE 5295 (561) 287-2098 April 22, 2002 DATE TO St. Lucie County Tourism Department A TTN: Gayla Barwick 2300 Virginia Ave. Ft. Pierce, FL 3-1-982 CUSTOMER OROER NO. SALESPERSON VIA TEAMS Due Upon Receipt QUANTITY DESCRIPTION PRICE AMOUNT Charlotte Observer Travel Section 2 Col x S"; B&W Insertion Date: Sunday, March 10, 2002 $ 1.8-t6 50 TOTAL $ 1.846 50 'hV¡f/f- h-c:..DV'~Ý /Z/9/V' THANK YOU ( I!fiii!i!iJTo_ 100 225 ... or.....cøn ( .' '-" ..." SIMPLE SUCCESS MARKETING, INC. 2646 SW Mapp Road Suite 305 PALM CITY, FLORIDA 34990 INVOICE '(561) 287·2098 April 22, 2002 5293 ""'TE TO St. Lucie COWlty Tourism Department ATTN: Gayla Barwick 2300 Virginia Ave. Ft. Pierce, FL 34982 CUS'TOMER ORCEFiI NO_ SALESPERSON VIA TERMS Due Upon Receipt QUANTITY DESCRIPTION PRICE AMOUNT Boston Globe Family Travel Feature 2 Col x 2.5"; B&W Insertion Date: Sunday, ~1arch 3, 2002 S 1.661 85 TOTAL $ 1,661 85 -r~t..r....~~,..~ q.o~QUQt~ Ç\QÙ THANK YOU ~. I!eJ T._ IQO.22I iI3IO OIlllÞe.com ( " .......... '-t;;. ~ s¡tiot St. t..de~C_pcIIt BOok ~~ 1\.. N30;0Q0 .. TOTAL o"'~\.~~. ~o:>ve\"ß- P\ 0-,"" If I~) q q~. .':,/¡¡~,~,. . : f -....... ""'_ ...., . ....,.... . . . :;;~~~-~,:,;.. ~~. ~ritA ....,.~. ....::::'!p .. '~ . ',.-' , ' . -. '" .'~' " , . ~-1"'''----~-",''''.''''~ .";-1 .....-;~-, -,"'¡::I.~:--;-<--,¡",-. .:--T::'-"~?...-r--"' '. . - '-<',-7~~'1 .~..-.. ,.""t1.,....... ..' ¡ ,', .'. , < . " .~ .....~ -.,- < ,~, ' .l1li" . , '. ,- ~"" ,- _d. . ..........':...... ..;..w....-.. . ,,J~,,. ..t,~~~.;:~.-.:_~ .," .,::~_.~::-..~ (_.. . .-...~:.,~. ::;;~¡ ,.~·~I.. ._ " ...~::.- ...-....,~7. ...'" , ,ê):... , -..-,...~~,........._ r- "-,.'( _\ ,... ._',~ ,~,~ .I....,,¡~.!,., ..,~" . ..~.' -. '. . .....' . . - -..... . ~'-', ' . - ~ ; .."., "" Agenda Request Item Number C-IO 9 Date: 05/07/02 Consent [ X ] Regular [ ] Public Hearing [ ] Leg. [ ] Quasi-JD [ ] To: Board of County Commissioners Submitted By: Community Development SUBJECT: Request of Edwin S. Merritt and Richard Reitano for an exemption from the requirements of Section 11.02.09(A)(5), St. Lucie County Land Development Code, to prepare an Environmental Impact Report for the project to be known as Raptor Subdivision - Minor Site Plan/Preliminary Plat BACKGROUND: The developer of Raptor SID is proposing a 5-lot subdivision to be located on the northwest corner of the intersection of Header Canal Road and Leeper Road. The developer of Raptor Subdivision is requesting that the Board grant relief from the rêquirements of Section 11.02.09(A)(5) of the St. Lucie County Land Development Code. Section 11.02.09(A)(5)(d) requires that all site plans in excess of 10 acres in size, include as a part of the site plan review process, an Environmental Impact Report (EIR). The purpose of the EIR is to assess the impacts of the proposed development upon the existing natural environmental conditions. The Board of County Commissioners may grant relief from the requirements for the filing of ¡his report upon the demonstration by the developer that the information being foregone by such relief is not needed in order to determine the impacts of the proposed development upon the existing natural environment. The proposed Raptor SID is located in an old orange grove. FUNDS AVAILABLE: N/A PREVIOUS ACTION: None RECOMMENDATION: Staff recommends approval of the request of Edwin S. Merritt and Richard Reitano for relief from the requirements of Section 11.02.09(A)(5) of the St. Lucie County Land Development Code County Attorney Originating Depl: Finance: Coordinationl Signatures Mgl & Budget: Other: Douglas M. Anderson County Administrator COMMISSION ACTION: CXJ APPROVED U DENIED o OTHER Purchasing: Other: '-' ., Commission Review: May 7,2002 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division MEMORANDUM TO: County Commission FROM: Community Development Director DATE: SUBJECT: May 1, 2002 Petition of Edwin S. Merritt and Richard Reitano for an exemption from the requirements of Section 11.02.09(A)(5) of the St. Lucie County Land Development Code for the project to be known as Raptor SuQdivision. Raptor Subdivision is a proposed 5-lot subdivision located on the northwest corner of the intersection of Header Canal Road and Leeper Road. The developer of Raptor SID is requesting that the Board grant relief from the requirements of Section 11.02.09(A)(5) of the St. Lucie County Land Development Code. Section 11.02.09(A)(5)(d) requires that all site plans that are in excess of 10 acres in size. include as a part of the site plan review process, an Environmental Impact Report (EIR). The purpose of the EIR is to assess the impacts of the proposed development upon the· existing natural environmental conditions. The Board of County Commissioners may grant relief from the requirements for the filing of this report upon the demonstration by the developer that the information being foregone by such relief is not needed in order to determine the impacts of the proposed development upon the existing natural environment. Staff has reviewed the request for waiver of this report and has determined that the proposed residential project would not negatively affect any environmentally sensitive areas on the subject property. The subject property is the location of an old grove. Staff recommends that this request for an exemption from the requirements of Section 11.02.09(A)(5) be approved and that no environmental impact report be required for this project. SUBMITTED: hf cc: Ed Merritt County Administrator County Attorney Public Works Director Planning Manager ~ , '-" 'wi Agenda Request Item Number Date: C-IOC 05/07/02 Consent Regular Public Hearing Leg. [ ] [X] [ ] [ ] Quasi-JD [ To: Submitted By: Board of County Commissioners Community Development SUBJECT: Request of Gordon Lundeen for an exemption from the requirements of Section 11.02.09(A)(5), St. Lucie County Land Development Code, to prepare an Environmental Impact Report for the project to be known as - Major Site Plan/Preliminary Plat BACKGROUND: The developer of Luke's Lots SID is proposing a 10-lot subdivision to be located on the southeast comer of the intersection of Header Canal Road and Carlton-Adams Road. The developer of Luke's Lots Subdivision is requesting that the Boatkl gr~t relief from the requirements of Section 11.02.09(A)(5) of the St. Lucie County Land Development Code. Section 11.02.09(A)(5)(d) requires that all site plans in excess of 10 acres in size, include as a part of the site plan review process, an Environmental Impact Report (EIR). The purpose of the EIR is to assess the impacts of the proposed development upon the existing natural environmental conditions. The Board of County Commissioners may grant relief from the requirements for the filing of this report upon the demonstration by the developer that the information being foregone by such relief is not needed in order to determine the impacts of the proposed development upon the existing natural environment. The proposed Luke's Lots SID is located in an old orange grove. FUNDS AVAILABLE: N/A PREVIOUS ACTION: None RECOMMENDATION: Staff recommends approval of the request of Gordon Lundeen for relief from the requirements of Section 11.02.09(A)(5) of the St. Lucie County Land Development Code COMMISSION ACTION: 00 APPROVED 0 DENIED o OTHER County Attorney Originating Depl: Finance: Coordination! Signatures Mgt. & Budget: Other: Purchasing: Other: ""lit '-" ...¡ Commission Review: May 7, 2002 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division MEMORANDUM TO: County Commission FROM: Community Development Director DATE: May 1, 2002 SUBJECT: Petition of Gordon Lundeen for an exemption from the requirements of Section 11.02.09(A)(5) of the St. Lucie County Land Development Code for the project to be known as Luke's Lots Subdivision C" Major Site Plan/Preliminary Plat. Luke's Lots Subdivision is a proposed 10-lot subdivision located on the southeast corner of the intersection of Header Canal Road and Carlton-Adams Road. The developer of Luke's Lots SID is requesting that the Board grant relief from the requirements of Section 11.02.09(A)(5) of the St. Lucie County Land Development Code. Section 11.02.09(A)(5)(d) requires that all site plans in excess of 10 acres in size, include as a part of the site plan review process, an Environmental Impact Report (ErR). The purpose of the EIR is to assess the impacts of the proposed development upon the existing natural environmental conditions. The Board of County Commissioners may grant relief from the requirements for the filing of this report upon the demonstration by the developer that the information being foregone by such relief is not needed in order to determine the impacts of the proposed development upon the existing natural environment. Staff has reviewed the request for waiver of this report and has determined that the proposed residential project would not negatively affect any environmentally sensitive areas on the subject property. The subject property is the location of an old grove. Staff recommends that this request for an exemption from the requirements of Section 11.02.09(A)(5) be approved and that no environmental impact report be required for this project. SUBMITTED: hf cc: Gordon Lundeen County Administrator County Attorney Public Works Director Planning Manager " ~ ~ '-..I Agenda Request Item Number Date: C1 G-d May 7,2002 Consent Regular Public Hearing Leg. [ ) [ X ] [ ] [ ] Quasi-JD [ SUBJECT: Consider authorizing the submission of the "lakela's Mint Refuge" gr the Florida Fish and Wildlife Conservation Commission for end forwarding to the U.S. Fish and Wildlife Service for funding under land Acquisition Grant Program. The U.S. Fish and Wildlife Service's Recovery land Acquisition Grants provide up to 75% of the costs to acquire habitat that supports approved -reoovery plans. The proposal would further the lakela's mint Recovery Plan's objective to "increase populations and prevent extinction" through the County's purchase and management of a 10.8 parcel for the protection of the endangered plant. Currently, none of the six sites with the historic range of Lakela's mint are In public ownership. t proposal to rsement and e Recovery To: Submitted By: Board of County Commissioners Community Development BACKGROUND: The estimated cost to acquire the subject parcel is $975,000. The proposal requests $731,250 (75%) of the project costs from the Recovery Land Acquisition Grant Program. The remaining $243,375 (25% required local match), would be provided from the County's Environmentally Significant lands fund and in-kind services. Staff will seek funding through the Florida Community Trust 2002 grant application cycle to reduce local expenditures. The Lakela's Mint Refuge Recovery Land Acquisition grant proposal must be submitted to State offices by May 17, 2002. FUNDS AVAILABLE: PREVIOUS ACTION: Funds are available in the Environmental Lands Bond Fund (382-3915-599330-300). On March 23, 2000, the land Acquisition Selection Committee approved the subject 10.8-acre parcel for acquisition. RECOMMENDATION: On June 6, 2000, the Commission approved submission of the lakela's Mint Refuge Florida Community Trust application. Authorize staff to submit the lakela's Mint Refuge grant proposal to State and Federal agencies on behalf of the Board of County Com . sioners. County Attorney Originating Dept.: Finance: Coordination! Signatures Mgt. & Budget: Other: Douglas M. Anderson County Administrator rY1 COMMISSION ACTION: ~ APPROVED D DENIED D OTHER Purchasing: Other: (AGENDS9Sa) '-" ..."", COUNTY COMMISSION REVIEW: May 7, 2002 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT To: Board of County Commissioners From: Community Development Director Date: May 1, 2002 Subject: Consider authorizing the submission of the "Lakela's Mint Refuge" grant proposal to the Florida Fish and Wildlife Conservation Commission for their endorsement and forwarding to the U.S. Fish and Wildlife Service for funding under the Recovery Land Acquisition Program. .. The Recovery Land Acquisition Grant proposal provides for the County's purchase and management of a 10.86-acre parcel in northern St. Lucie County containing on of the most endangered plant species in South Florida, Lakela's mint (Dicerandra Immaculata). The County's Land Acquisition Selection Committee has selected the subject parcel for protection and funding through the County's Environmentally Significant Lands Program. In 1999, St. Lucie County submitted the "Lakela's Mint Refuge" grant application to Florida Communities Trust but the grant application did not rank high enough to receive funding. The Recovery Land Acquisition Grant Program specifically targets the acquisition of lands that support the recovery of endangered species, such as Lakela's mint. The Lakela's Mint Refuge grant proposal furthers the Lakela's mint recovery plan and other components of the South Florida Multi-Species Recovery Plan (MSPP) by protecting Florida scrub habitat that also supports scrub animal species, including the Florida scrub-jay. In addition to federal objectives, public acquisition of the proposed lands will also further St. Lucie County's Comprehensive Plan directives that requires the preservation of lands having native upland habitat with the highest priority being those classified as endangered or threatened and those facing destruction as a result of urban development. The cost to acquire the project lands is estimated to be $975,000. The Recovery Land Acquisition Grant will provide up to 75% or $731,250 of the project costs. The required 25% local match, an estimated $243,375 will be provided through the County's Environmental Lands Program and in-kind services. Staff will request authorization to submit a Florida Communities Trust application for the project during the programs next application cycle to reduce local costs. A draft of the Lakela's Mint Refuge proposal is attached for your review (Exhibit B). Please note that the project cost estimates are preliminary and the actual purchase price will be based upon the final appraised value. In addition, Bok Tower Gardens endangered species botanist who has worked with the Lakela's Mint for several years has offered to provide a survey for the project as part of the proposed in-kind services. The final value of this service not yet been determined and may change the in-kind services portion of the attached proposal. "'" ...., May 1, 2002 Page 2 Petition: Lakela's Mint Refuge USFWS Application Staff recommends the Board of County Commission approve the submission of the "Lakela's Mint Refuge" grant proposal to the Florida Fish and Wildlife Conservation Commission for their endorsement and forwarding to the U.S. Fish and Wildlife Service for funding under the Recovery Land Acquisition Program. If you have any questions, please let us know. .. '- ...,.¡ r--- ! --------,...~ "--------,-,-- --,_...._-~-_. - _-__'0__--- Lakela's Mint . In Northern St. Lucie County Legend Indrio North Savannas Project Harbor Branch Oceanographic Institute _ Lakela's Mint Site _ Existing Conservation Lands Indian River County ..............~.................l I J I Proposed Conservation Lands _ Conservation Easements ......_.............~..."'........................................... \ \ Lakela's Mint Refuge ." Site "i õ :> ~ < ~ 'Õ "" ~ Harbor Branch I L ComI\'uniIy ~ Geographic InIcrmation Systems u.p~-'-S.XIDO N ThllrIIIJI'-'-btX1mPl8dlor......pa.rmg ..:I......-a~_. VIb1t -.yllfbt'- ~1fØ" IfOIÖ h lIQt~and actUIIIII' I!árnllanJDlll*,.. nail...... farUII..IIOIII~ doc:I.nIWL CURRENT RECIPIENT SITE Scale; I" - 2(]00. . --,-_.._~----- ~ l I I I I ~ " '- ...., PROJECT STATEMENT NEED: Why is the project being undertaken? Lakela's mint (Diceranda immaculata) is a small, fÌ1lgrant mint that occurs nowhere else on earth except along the old dune system of the Atlantic Coastal Ridge in southern Indian River and northern St. Lucie Counties. Lakela's mint is State and federally listed as endangered and was placed on the federal list in 1985 because of its extremely small range and the rate at which its habitat was being destroyed (50 FR 20214). Currently, the species faces a high risk of extinction due to continuing habitat degradation and fragmentation, yet does not occur on any protected sites within its historic range (USFWS, 1999). This endangered plant is found naturalIy on only six isolated sites within a one-half miIe wide by three-mile long area, and two of those sites only have a few plants. AII of the sites where Lakela's mint currently grows within its known historic range are on private property and are under imminent threat of commercial and residential development (USFWS, I999). According to the Institute for Regional Conservation, land supporting the remaining populations must be acquired and managed or it is highly likely that Lakela's mint wilI go extinct in its natural range (Bradley et. ai, 1999). .. The primary purpose of the proposed project is to place the first and only site within the Lakela's mint historic range under public ownership for protection and management of the species in perpetuity. The 1O.86-acre parcel proposed for acquisition contains the largest population occUITing throughout the species' very restricted range. The proposed acquisition site is considered among the most critical for the taxon (Bradley et. al, 1999). Acquisition and maÌ1agement of the proposed site wilI directly contribute to the species' fundamental recovery objective (recovery objective 1) to "protect and manage existing populations" (USFWS, 1987) and the recovery objective to "increase existing populations and prevent extinction of the species" as identified in the Multi-species Recovery Plan (MSRP) for South Florida (USFWS, 1999). The proposed project wilI also directly contribute to both species-level and habitat- level recovery actions identified in the MSRP by: protecting and enhancing existing populations (S2), enabling research on life history (S3), monitoring existing populations (S4), and preventing the degradation of existing habitat (H 1) (USFWS, 1999). The proposed project will aIso help protect 10.86 acres of coastal scrub habitat that is designated as globalIy "imperiled" by the Florida Natural Areas Inventory (FNAI). The site is considered to be a remarkably intact example of the endangered xeric coastal scrub biological community of Florida's Atlantic Coastal Ridge that supports a unique assemblage of plants and animals. A 1999 survey for rare plants in the remaining coastal scrub habitat within Martin, St. Lucie, and Indian River Counties found the scrub within the study area to support 17 plant taxa that are State or federalIy listed as endangered or threatened or imperiled or criticalIy imperiled by FNAI (Bradley et. aI., 1999). The proposed acquisition site supports 78 native plant species (Bradley et. aI., 1999), of which 17 are considered representative of high quality coastal scrub habitat, 2 are endemic to scrub in the study region, 2 are federally listed, and 4 are State-listed (Table 1). In addition, the site supports several State or federalIy listed or rare animals, including: Florida scrub-jay (Aphelocoma coerulescens), Eastern indigo snake (Drymarchon corais couperi), gopher tortoise (Gopherns polyphemus), Florida mouse (Podomysfloridanus), gopher frog (Rana capito), and Florida scrub lizard (Sceloporus WOOdl) (Table 1). In addition to Federal and state objectives, public acquisition of the proposed lands will also further St. Lucie County's Comprehensive Plan directives that require the preservation of lands having native upland habitat with the highest priority being those classified as endangered or threatened and those facing destruction as a result of urban development. Funds are needed to supplement local environmental '-' ..", May 1, 2002 Page 2 Recovery Land Acquisition Grant Draft Lakela's Mint Refuge Proposal land acquisition funds if the proposed project site is to be acquired, preserved, and managed in perpetuity. St. Lucie County's ownership will assure at least one site with the endemic, endangered Lakela's mint is preserved and managed for the continued existence of the species. St. Lucie County will manage the property as a refuge and biological laboratory for the protection and study of Lakela' s mint and other State and federally listed species dependent upon this globally imperiled scrub habitat. OBJECTIVE: What is to be accomplished during the period of the project pursuant to the stated need? (Specify fully what is to be accomplished within the time, money, and staffing allocated and specify end point.) The primary objective of the project is to acquire a 1O.86-acre site containing the State and federally endangered Lakela's mint to secure one population through public ownership and management in perpetuity. The proposed acquisition will remove immediate threats to this population and be the first protected population within the species' historic range. Subsequent implementation oflatm mmagement actions will enhance scrub habitat for this endangered mint and other scrub-dependent species (Table 1). The County's strategy will be to utilize federal assistance and to coordinate with the State and other agencies to prevent the decline of the endangered Lakela's mint. This will be accomplished through the acquisition and management of the parcel as part of the County's Environmentally Significant Lands Program. Through the St. Lucie County Environmentally Significant Lands program, the County is able to partially fund the acquisition and manage the site to protect the endangered Lakela's mint, three other listed plant species, and several listed animal species that utilize the globally imperiled scrub habitat at the project site. The St. Lucie Cmmty Attorney's office will be responsible for the acquisition process and will begin acquisition procedures upon Federal and State approval. Once acquired, St. Lucie County will immediately secure the site by fencing its perimeter and removing exotic plant species. Within one year of acquisition, Bok Tower Gardens wiIl prepare a habitat and species survey of the project lands. Based on this survey and in consultation with Federal and State agencies, a management plan will be prepared within the second year of the project. Management techniques will include a prescribed burn program to enhance the quality of the habitat for Lakela's mint and other State and federally listed species and scrub- dependent species using this coastal scrub habitat. Pre-burn monitoring will be conducted by Bok Tower Gardens and County staff prior to the scheduled burn. The first prescribed burn will take place within the three-year grant period. Post-burn monitoring will be conducted by Bok Tower Gardens and County staff in the final year of the grant period. After the grant period, management of the site in perpetuity will be the responsibility of the County in cooperation with State, Federal, and private partners. EXPECTED RESULTS OR BENEFITS: How will the project impact fish and wildlife resources or benefit the public? Try to provide quantifiable or verifiable resource benefits. Public acquisition will ensure that one of South Florida's most endangered plants, Lakela's mint, has at least one population secured under public ownership and management for the continued survival of the species in its historic range. This project wiIl directly contribute to recovery objectives within the recovery pIan for Lakela's mint (i.e., recovery objective 1, to protect and manage existing populations) (USFWS, 1987) and other species-level (i.e., protecting and enhancing existing populations (S2), w "'" May 1,2002 Page 3 Recovery Land Acquisition Grant Draft Lakela's Mint Refuge Proposal enabling research on life history (S3), monitoring existing populations (S4)) and habitat-level recovery actions (i.e., preventing the degradation of existing habitat (HI)) needed for the species as identified in the Service's MSRP (USFWS_ 1999). In addition, the proposed project will ensure that 10.86 acres of globally imperiled coastal scrub habitat is pennanently protected and managed in perpetuity for federal trust resources, including scrub endemic species (Table 1). This project will directly contribute to the protection of State listed plant species, including: large flowered rosemary (endangered), giant wild-pine (endangered), and nodding pinweed (threatened). The nodding pinweed, which has been identified on the site, is a Florida endemic plant has only been found throughout the south and central counties. The nodding pinweed has been and is currently under a great threat due to its rapidly declining habitat caused by agricuItural, residential and commercial development. The State has listed the nodding pinweed as threatened due to its declining habitat. (USFWS, 1999). The proposed acquisition and management of the project lands will benefit many species q,fwiù;1life that inhabit the site's xeric coastal scrub, which is identified as an imperiled natural community. Specifically, the project will directly benefit the State and federally threatened Florida scrub-jay fi:om protection and management of the sand pine / scrub oak at the project site. This proj ect will directIy contribute to recovery objectives within the scrub-jay recovery plan. Specifically, it will: help protect, manage, and enhance populations on public and private lands (objective 1); involve work with federal, state, and private organizations to establish protected scrub preserves through acquisition, landowner agreements, or easements (objective 2); implement habitat management guidelines with specific recommendations for developers and landowners (objective 3); and, help re-establish populations of scrub-jays or reclaim potentially suitable habitat (objective 5). This project will directly contribute to species-level and habitat-Ievel recovery actions as identified in the Service's MSRP. Specifically, this project will help: protect and enhance populations (S2), monitor scrub-jay subpopuIations (S4), prevent degradation of existing scrub habitat (HI), monitor xeric communities that provide scrub-jay habitat (H4), and, on a limited basis, increase public awareness of the scrub ecosystem (H5). In addition to benefitting the State and federally listed species above, the proposed project is expected to benefit other scrub-dependent species and other wildlife. In particular, habitat for the scrub lizard (FWS species of management concern) and the gopher tortoise (Florida species of special concern) will be protected and managed. The site's gopher tortoise burrows may provide a refuge for many other endangered and threatened species such as the Florida mouse (Florida species of special concern), Eastern indigo snake (State and federally threatened), and the gopher fi:og (Florida species of special concern), which are believed to require gopher burrows for their existence. Public acquisition and management of the lands are expected to enhance the habitat for these listed species (Table 1). Other benefits include the ability to facilitate biological research and education of the endangered Lakela's mint and its scrub habitat. "Public protection of this site could give researchers an opportunity to obtain crucial biological information (USFWS, Correspondence, 2000)." The property will be open to USFWS researchers and utilized as an education tool for the St. Lucie County's schooI systems environmental education programs. Annual walks with a naturalist will also be scheduled for conservation groups in the area. The numbers will be controlled to ensure these walks do not negatively impact Lakela's mint. The proposed management plan will address access to the site. ~ ..." May 1, 2002 Page 4 Recovery Land Acquisition Grant Draft Lakela's Mint Refuge Proposal APPROACH: How will the objective be attained? Include specific procedures, schedules, key cooperators and respective roles. The 1O.86-acre parcel will be owned and managed by St. Lucie County. St. Lucie County will provide matching funds to purchase the lands and manage the habitat in perpetuity, consistent with the conservation needs of the endangered Laketa's mint and other listed species that utilize the project lands. Land acquisition and negotiations will be conducted by the County's Attorney's office. Upon acquisition the County's environmental lands manager will immediately fence the property and remove the few exotic plant species found on the site. Within one year following the purchase of the project lands, the Bok Tower Gardens botanist will prepare a habitat and species survey to identify the site's resources and guide the project's management plan. St. Lucie County environmental lands specialist will prepare the project's management plan in consultation with the USFWS Ecological Services Office in Vero Beach, the Hobe Sound National Wildlife Refuge in Hobe Sound, and the Bok Towers Gardens in Lake Wales, FIorida. The management plan will focus on the perpetual protection and enhancement o£.scruhhabitat for the endangered Lakela's mint and the ecosystem upon which it depends. Management activities to enhance the use of the site for at least three other federally listed species, including the Florida scrub-jay, will be identified within the plan. Public access to the site will be very restricted and monitored. LOCATION: Where will the work be done? Describe habitat type(s) to be affected, and relevant ecosystem/watershed characterization. The parcel proposed for acquisition and management is located within northern St. Lucie County on U.S. Highway 1 and less than a mile west of the eastern shoreline of the Indian River Lagoon, an Estuary of National Significance. The property is located along the Atlantic Coastal Ridge ecosystem within South Florida. The project parcel is predominately characterized by a sand pine/scrub oak community that consists of sand pine, scrub oaks, scrub hickory, and cabbage palms. Endemic in Florida, this community is rapidly disappearing due to agricultural and urban development. The Florida Natural Areas Inventory classifies the parcel's Florida scrub vegetation as a globally and statewide "imperiled" vegetative community. The USFWS South Florida Multi-species Recovery Plan recognizes threats to the loss of this community and its species by identifying the Florida Scrub community as "endangered". The plan states that "Recovery of the community and its associated plants and animals will depend upon land acquisition and effective land management". The federal restoration objective for Florida scrub is to "Maintain and enhance the structure, function, and composition of the scrub community, and increase the spatial extent of scrub as habitat throughout South Florida to insure the long- term survival in the wild of all plant and animal species that depend upon this community for their existence (USFWS, 1999). The property is located within the Indian River Lagoon South watershed of the Upper East Coast subregion of the South Florida Ecosystem. The area is currently under study as part of the Indian River Lagoon Feasibility Study, which proposed to enhance the ecosystems of the Indian River Lagoon and its watershed. The draft Indian River Lagoon South Feasibility Study (IRL Plan) is an integral part of the comprehensive plan for South Florida restoration. The IRL Plan recognizes that the loss of natural areas has negative affected the quantity and quality of water flows to the Indian River Lagoon. Public "",. ...., May 1,2002 Page 5 Recovery Land Acquisition Grant Draft Lakela's Mint Refuge Proposal purchase and management of the lands will prevent development along the Atlantic Coastal Ridge in close proximity to the Indian River Lagoon. The project will ensure the natural filtration functions and aquifer recharge functions of this site are maintained. c. '-" ...., May I 2002 Page 6 Recovery Land Acquisition Grant Draft Lakela's Mint Refuge Proposal ESTIMATED COST: Provide detailed breakdown of what it will cost to attain objective. Total Federal State $975,000 $731,250 $243,275 Budget: Cost to Purchase the Land $73 I ,250 $207,875 Acquisition Costs Estimates: Title Report/Insurance $1,000 Appraisals and review $5,000 Boundary Survey $4,000 Environmental Audit $3.000 Total Acquisition Costs $731,250 $213,000 .. Habitat Enhancement/Management Cost: Fencing $10,000 Exotic Species Removal $ 500 Habitat and Species Survey $ 5,000 Lakela's Mint Refuge Management Plan $ 5,000 Prescribed Burn $2,000 $22,500 Total Project Costs $731,250 $243,275 " ...., May 1,2002 Page 7 Recovery Land Acquisition Grant Draft Lakela's Mint Refuge Proposal Literature Cited Bradley, K.A, Woomansee, S.W. and G. D. Gann. 1999. Rare Plants of Florida Scrub in Martin, St. Lucie, and Indian River Counties. Final report submitted to the U.S. Fish and Wildlife Service. The Institute for Regional Conservation, Miami, Florida.. U.S. Fish and Wildlife Service. 1987. Recovery Plan for Three Florida Mints. Atlanta, Georgia. 2 I pp. U.S. Fish and Wildlife Service. 1998. Correspondence. South FIorida Restoration Projects Director. U.S. Fish and Wildlife Service. I999. South Florida Multi-species Recovery Plan. Atlanta, Georgia. 2172 pp. U.S. Fish and Wildlife Service. 2000. 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'" ...... o '" o 'õ o ª' .g 5 .¡:: t) o § [Z (,) ,," ~ .~ ~ "'- 13 -< .g"j 1 .¡:: ¡:: 0"- ......... - -0 0.. ¡:.. 4) 0.. ¡:: ¡::'r;; "_ 0 en - ... 4) as '" ¡:: 13'~ 8_:::E ;:¡ ~ -<::: ~ - c I::¡, ~ -<::: ~ c:J ... 0 o ~ -o";ë o as ... ... (,) 4) '£ .s '" ;:I ~ ~ . 4) = 4) '" 0 ~ 'S: '';;: ... ¡: g I 4).,;;: M£~ rn 0 0 ... 0 o ... " 0 -0- ~~ "£ ~ ",- ~ ~ o· ~ = ~ .~ '£ I !1).5 "".<::- Cì Õ ~ (;j 'õ o 0.. rn ...... o '" o 'õ o 0.. rn E .g 4) .¡:: (,) o § [Zu ;:¡ J:: ~ '¡: ~ ~ ::: ~ ¿; ... 0 o ~ -o";ë 4) as ... ... (,) 0 '£ .E ~ ~ ~... 0 c= 4) '" 0 ~ .~ '';;: I ~ g M .:; ·....o~ rn 0 ... o -0. .8 B 0 (J- '£ ~ '" ... ~ ~ ~~ e ~ = ~.~ .~ Cì 4).~ M-5t( Cì 0 4) (;j ,:; o 0.. rn ...... o '" 4) 'õ 4) 0.. rn .g 5 'C ... o § [Zu .::¡ .§. <.> t:S J:: t:S ~ ... 0 o ~ ...d' :ë 4) as - ... 'Ë .Ë ~ ~ _ 4) .ª ~ .~'" - as - ... g I ''¡:: M£~ rn 0 4) ~ .... 1 s 4) 4) '" '2 as .~ '" 1:1 ;:I ~ N 0 0 0 1:1 S ... 0 <.):; '" 0 Q - N S ... as ... as "':0\ 0 -0 4) -0 S .<:: 'C .<:: 'C ;>-.0 0.. 0 0.. 0 Q §ì¡ §ì¡ [Z as ~ U [Z :::E~ ... 0 0- " 4) -0- 4)~ U ... '£ ~ "''3 ~ ~ o· ~ = J-¡ ....... .9 e ~ u . OJ.S M'<::- c=Jõ~ . ... .8 o 0 ..¿:l5 o as .... ... (J 0 .- ¡:: þ- '" ;:I ~ ~ o· ~ § ~ 'S: ''¡:: ...~ ír 8 , 4) '';;: M£~ rn 0 4) ~ c ~ ~ c ~ - ~ r55 ~ AGENDA REQUEST """" ITEM NO. (1-"11 DATE: May 7, 2002 REGULAR PUBLIC HEARING [ TO: BOARD OF COUNTY COMMISSIONERS CONSENT [ X ] SUBMITTED BY: Supervisor of Elections PRESENTED BY: Gertrude Walker SUBJECT: Supervisor of Elections Voting Equipment Upgrade BACKGROUND: On March 26th, the Board approved a request by the Suprvisor of Elections to purchase voting equipment designed to facilitate Americans with Disabilities at a cost of $312,800. This price included $300 for communications support. The majority of the funding came from two State allocations to the county for the purpose of upgrading equipment. The original request was for the major pieces of equipment, however, in order to work properly, these will require ancillary items, such as Voter Cards, Management Cards, and Card Encoders. Additionally, Diebold Election Systems will install and test the equipment, monitor and support the equipment through two elections, and provide training for the Supervisor of Elections staff and poll workers. The total cost ofthe package, less a special allowance of $45,661.50, is $338,183.33. The additional $300 for a TDD line and $2,000 Shipping allowance brings the total to $340,484. FUNDS AVAILABLE: Funds will be made available in 001-1910-564000-100 General Fund - Supervisor of Elections - Machinery & Equipment See Budget Amendment 02-132 PREVIOUS ACTION: March 26, 2002 - Approved Agenda Item C-3A. RECOMMENDATION: Staff recommends the Board approve revised Equipment Request 02-204 and Budget Amendment 02· 132, moving an additional $27,684 from General Fund Contingency to fund the purchase and pay for anticipated shipping & handling charges. 2 attachments: Budget Amendment 02-132 Revised Equipment Requests 02-204 c.JC APPROVED [] DENIED [ l' OTHER: Doug Anderson County Administrator COMMISSION ACTION: G:' BUDGET\WP\.';GEXDA'S\Agenda01\5'7 SOE. \\-pd 'w' ,.. CoordinationlS i gnatures Management & Budget: ~ ft1~ Purchasing: Originating Dept: . Works: Other: SOE Finance: (Check for Copy only, if applicable) XX G:\BUDGET\WP\-\GE~D";'S Aget1da02'5'7 SOE.wpd ...." xx ;vtG "" ...., l BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: OMB FOR SUPERVISOR OF ELECTIONS PREPARED DATE: APRIL 29, 2002 AGENDA DATE: MAY 7,2002 CcOUNTNUMBER ACCOUNT. NAME AMOUNT TO: 001-1910-564000-100 MACHINERY & EQUIPMENT $27,684 FROM: 001-9910-599100-800 Continaencv $27,684 REASON FOR BUDGET AMENDMENT: PURCHASE ANCILLARY ITEMS, SHIPPING, TRAINING & SUPPORT OF SUPERVISOR OF ELECTIONS VOTING EQUIPMENT CONTINGENCY BALANCE: $715,069 THIS AMENDMENT: $27.684 REMAINING BALANCE: $687,385 DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: 02-132 DOCUMENT # & INPUT BY: . G:\BUDGET\QUA TTRO\G EN ERAL \FORMSIAM ENDM02.wb3 ~ '-II if; I~ ." "C ~ -., -< :Þ ::I ð '" -< 0 ~ C)n 'b 0 0 ~~ 0 ... V> ~ r- ;)~ Z ~ r- 0 :Þ >..., 0 0 --< r', :z: '" z v,. ;:0 ttJ :Þ C'>2 C r- ",'" I:) -< G') CJ) .., 0 ¡¡; '" ;0 m " C> -i ~ " 0 'tJ ~ ~ ;0 " 0 CJ) it C> :r '" " m m -i ~ <5 r; 0 1.n :" 0 '" "" 0 '" '" " ~ "'", ~ "'- 5' :Z:", ¡¡, ~); iii õ r- ~. ~ @ ~ C) ~ '" !!b S .... '" "" " '" ~ ».... ~. r-1T1 CO »;: "" ~'b " 0 '" ~ 0 ~ iii ,r "" :" 0 ~ ~ ~ :g1T1 -<~ r- :!! e ~ C" ~:!! '" :z:~ h) 10 :" '" ~ ~ ¡eC'> "':" <:0 :,,~ 0 'b ~ 0 :z: C) »'b rii°ffi "'~» :z:r- :ï! 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