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Agenda Packet 07-09-02
, ~ ~ JULY 9,2002 9:00 AM BOARD OF COUNTY COMMISSIONERS rvIEETING AGENDA WELCOi\Œ GENERAL RULES AND PROCEDURES Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA- These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA ITEMS- Proclamations, Presentations, Public Hearings, and Department requests are items which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS- These items are usually heard on the first and third Tuesdays at 7:00 P.M. or as soon thereafter as possible. HO\\"ever, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.!\I., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman "ill ask for public comment, (4) further discussion and action by the Board. ADDRESSING THE COilI!\IISSION- Please state your name and address, spea.1ctng clearly into the microphone. If you have backup material, please have eight copies ready for distribution. NON-AGENDA ITEMS- These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT-Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM- Please be respectful of others opinion. MEETINGS- All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 7:00 P.M. and on the second and fourth Tuesdays at 9:00 .-\..~1., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., F1. 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 "1th a disability requiring accommodation to attend this meeting should contact the S1. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. \.".. ßOARD OF COUNTY COMMIS510NERS vVV'lw.stlucieco.gov AGE\TIA July 9, 2002 9:00 AM. INVOCATION PLEDGE OF ALLEGLß.NCE , 1. ìvIINUTES . ....J John D. Bruhn Doug Coward Paula A. Lewis Frannie Hutchinson Cliff Barnes District 1 District 2 District 3 District 4 District 5 CðØ~ ~fØì Approve the minutes of the meeting held July 2,2002. ApPfbJ I A.~.Ji The County Administrator will announce the "Employee of the Quarter". j\:WfôL g{u.Qfl CON.SENT AGENDA Þ\.u\U5 c-q 1 (-1 ~pwlLd.) Ap~ 2. PROCLAMATIONS I PRESENTATIONS 3. GENERAL PUBLIC COMMENT 4. - PUBLIC HEARINGS SA There are no public hearings scheduled for July 9, 2002. 1!~_¡$diI¡liiWlØMm;~#." f!ll~.:. ~nd c:J!.~!!; He~~n«Sn ,,, 6. COUNTY ATTORNEY --". A. Cultural Affairs Council- Consider staff recommendation to appoint one of the persons nominated by the Cultural Affairs Council to fill one of the vacancies on the council, and to re-appoint J essye Walker for a second terrr. r _ on the Council. ~V)eneJ ~Vuf1:r- 1if1J~ \ff--O ) B. Tedder v. St. Lucie County Mediation Settlement Agreement / Orange Avenue Loop Road - Consider staff recommendation to approve the agreement and authorize the County Attorney to submit a Final Judgement to the Court incorp~Ä~ ~ of the ~~er4""'O "\ NOTICE: All Proceedings before this B;;;;d ~~lefett~o~i~ecorded. ~O~hO decides ¿appeal anv action taken by the Boaril at these meetings wílI need a record of the proceedmgs and for such purpose may neea to ensure that a verbatim record of the proceedings is made. Upon the requesf of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any paI1}' to the proceedings wílI be granted tbe 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 S1. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1418 at least forty-eight(48) hours prior to the meeting. '-' REGULAR AGENDA JULY 9, 2002 PAGE TWO ï. ADMINISTRATION ....,I Bi-weekly Committee Reports - The Board will provide committee and advisory board updates. . ~Î-fs 3~æn '-' ...,¡/ CONSENT AGENDA Julv 9. 2002 1. WARRANTS LIST Approve warrants list No. 40. 2. COMMUNITY SERVICES FY02/03 Trip/Equipment Grant - Consider staff recommendation to approve the application and contract for the grant and acceptance of the grant, authorize the Chairman to sign all documents necessary to execute the application and approve Resolution No. 02-140. 3. PARKS AND RECREATION A. Golf Course / Golf Cart Lease / The Associates Commercial Corporation - Consider staff recommendation to approve the "Acknowledgment- Equipment Lease-Purchase Agreement" pertaining to the name change of golf cart leasing company, The Associates, to CitiCapital, which occurred on July 1, 2001, and authorize the Chairman to sign the agreement. B. Contract Amendment / Florida Coast Professional Baseball School - Consider staff recommendation to approve the first amendment to the Lawnwood Recreational Complex Facilities Use Agreement with Professional Sports Camps Inc. d/b/a Florida Coast Professional Baseball School, and authorize the Chairman to sign the amendment. 4. PUBLIC WORKS A. Solid Waste / Abandonment of Artesian ì,"ell Project - Consider staff recommendation to approve Change Order ì\'o. 1 and Final Payment to Jaffer Associates, Inc. in the amount of $86ï.50, bringing the total contract amount to 510,877.50. B. Equipment Request No. 02-231 / Budget Amendment No. 02-144 - Consider staff recommendation to approve the equipment request and budget amendment for the purchase of a camper top for the Engineering survey vehicle from Thurman's in the amount of $1,030 to protect the equipment from inclement weather and theft or vandalism. C. Solid Waste / Equipment Request No. 02-232/ Budget Amendment No. 02- 145 - Consider staff recommendation to approve the equipment request and budget amendment for the purchase of one used tandem converter dollie in the amount of $6,000 for the balefill facility. D. Salary Increase for Building Official - Consider staff recommendation to approve a 5% salary increase for obtaining State Certifications. 5. HUMAN RESOURCES Third Year Adjustment to the Pay and Classification Study - Consider staff recommendation to approve the adjustments effective April 1, 2002. \..; CONSENT AGENDA JULY 9,2002 PAGE TWO ....; 6. AIRPORT Taxiway A-I Project at St. Lucie County International Airport - Consider staff recommendation to approve Change Order No.2 for Dickerson Florida, Inc. for a decrease in the contract amount of 521,642.18 for a total project amount of $369,546.ï9 and authorize the release of retainage. 7. PURCHASING A. ~? Bid No. 02-067 / Airport Industrial Park Sanitary Sewer System Phase 1 - Consider staff recommendation to award the bid to the low bidder, RK Contractors, Inc., in the amount of 575,125 and authorize the Chairman to sign the conti-act as prepared by the County Attorney. Bid No. 02-057 / Security and Fire Alarm System Improvements and Replacements for St. Lucie County Correctional Facility - C-ontingent upon approval of Agenda Item C-9, consider staff recommendation to award the bid to the low bidder, Norment Security Group, Inc., in the amount of $1,962,000, and authorize the Chairman to sign the contract as prepared by the County Attorney. c. Bid No. 02-080/ Purchase of One (1) Propane Fuel Generator for the Sports Complex - Consider staff recommendation to award the bid to C]'s Sales & Service Co., in the total amount of 518,832. D. RFP No. 02-076 / Operation of Fairwinds Restaurant - Consider staff recommendation to grant permission to negotiate an agreement with Zgolf Food and Beverage Senices, and authorize the Chairman to sign the contracts as prepared by the County Attorney. 8. INVESTMENT FOR THE FUTURE ~ Q'i 10. Selvitz Road over Ten-Mile Creek Bridge Project / Bridge ID No. 940015 - Consider staff recommendation to appro\'e ì\-ork Authorization No. 11 with Jenkins and Charland, Ine. for Engineering Senices to provide an evaluation in the amount of $1,200, and authorize the Chairman to sign the authorization. MANAGEMENT AND BUDGET Rock Road Security System ImprO\-ement Loan - Consider staff recommendation to accept Option 1 of the First Union :\ational Bank/Wachovia Bank proposal, and authorize the County Administrator to sign the commitment letter on their behalf. COUNTY ATTORNEY A. Treasure Cove/Ocean Harbour South I\ISBU / Public Utility Easements for Wastewater Facilities - Consider staff recommendation to accept the easements, authorize the Chairman to sign Resolution Nos. 02-11, 02-12, 02-13, 02-14, 02-15, 02-16, 02-17, 02-18 and 02-19, and direct staff to record the documents in the Public Records of St. Lucie County, Florida. \.".. .J St. Lucie County Board of County Commissioners Announcements July 9, 2002 A. The 2002/2003 Budget Overview will be held on July 9,2002 at 2:00 pm in Room 101. - B. There will be RFQ Presentations for the Port of Fort Pierce, Florida Design, Build and Operation on July 15, 2002 at 2:00 pm in Conference Room 3. C There will be a Ribbon Cutting for the Indian River Lagoon Trace Bike Path on July 22, 2002 at 2:30 pm. D. There will be Consultant Interviews for the Urban Area Allocation Study on July 23, 2002 at 1:30 pm in Conference Room 3. E. The August 6, 2002 Board of County Commissioners M,eeting has been cancelled. '- ...",; ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT BOARD OF COMMISSIONERS John D. Bruhn District 1 Doug Coward District 2 Paula A. Lewis District 3 Frannie Hutchinson Cliff Barnes District 4 District 5 AGENDA July 9, 2002 1. 1\ IE\LiES 2. GENERAL PUBLIC COMMENT ~) Approve the minutes of the meeting held June 25,2002. CONSENT AGENDA 2. MOSOUlTO CONTROL J;pP(l)~ (cvO) 1. ìYARRA1,\TS LISTS Approve Warrants List No. 39 and No. 40. Approval to Surplus Equipment and Acceptance of Purchase Offer - Consider staff recommendation to grant permission to surplus the District equipment referenced, and offer the surplus equipment to interested ?\Iosquito Districts at the values estimated for those items and consideration of "Best Offers" for purchase, and apprO\"al to publicly auction the surplus equipment that is not successfully bid upon by another District. :\OTICE: All pro("l"t'dings before this Board are elcdronically recorded. Any person who decides to appeal any action taken by the Board at these meedngs will need a record or the proceedings ::md for such purpose may need to ensure that a nrbatim ~ord of the proceedings is made. Upon the request of any part)' to the proceedings, indh·iduals testifying during a hen ring will be sworn in. Any party to the proceedings will be granted an opportunity to cross-examine any individual testifYing during a hearing upon request. Anyone with a disability requidng 3cconunodation to attend this meeting should contact the 51. Lucie County CommuniEy Sen;ces Manager at (561) 462-1777 or TDD (561) 462·1428 at least fort)'-eight(J8) hours prior to the meeting. '-' -'-' BOARD OF COUNTY COMMISSIONERS ADDITIONS AGENDA July 9. 2002 REGULAR AGENDA County Attorney R-A.1 Resolution No. 02-182 - Consider staff recommendation -to approve the resolution authorizing the acquisition and installation of a new security system in the Rock Road Jail Facility. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to tile proceedings 1Ni1l be granted the opportunity to cross- examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the SI. Lucie County Community Services Manager at (551) 452-1777 or TDD (551) 452-1428 at least forty-eight(48) hours prior to the meeting, '-' ....., JULY 9,2002 9:00 AM BOARD OF COUNTY COMMISSIONERS Ì\1EETING AGENDA vVELCOME GENERAL RULES AND PROCEDURES Attached is the agenda which\\1ll determine the order of business conducted at today's Board meeting: CONSENT AGENDA- These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA ITEMS- Proclamations, Presentations, Public Hearings, and Department requests are items which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS- These items are usually heard on the first and third Tuesdays at 7:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 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 wishing to speak to come forward, one at a time. Comments \\1ll 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 COi\HvIISSIŒ\- Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies ready for distribution. NON-AGENDA ITEMS- These items are presented by an indi\idual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT- Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM- Please be respectful of others opinion. MEETINGS- All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 7:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 \ïrginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. '-' . -..I Vi"VW. stlucieco.gov John D. Bruhn Doug Coward Paula A. Lewis Frannie Hutchinson Cliff Barnes District 1 District 2 District 3 District 4 District 5 ßOARD OF COUNTY COMMISSIONERS AGENDA July 9, 2002 9:00 A.~!. lNVOC-\TI00J PLEDGE OF ALLEGIANCE ,1. \IL\JUTES Approve the minutes of the meeting held July 2, 2002. 2. PROCLÄ..l'vlATIONS / PRESENTATIONS The County Administrator will announce the "Employee of the Quarter". 3. GE0JERAL PUBLIC COMMENT 4. CO\'SENT AGENDA ~,~'_~"'~~n;_' PUBLIC HEARINGS SA. There are no public hearings scheduled for July 9, 2002. ~~:.",~-'#:~"~'~~~j:,o;'Y.;,ë11 . End a¡ Pu~lic Hearings 6. COUNTY ATTORNEY A. Cultural Affairs Council- Consider staff recommendation to appoint one of the persons nominated by the Cultural Affairs Council to fill one of the vacancies on the council, and to re-appoint Jessye Walker for a second term on the Council. B. Tedder v. St. Lucie County Mediation Settlement Agreement / Orange Avenue Loop Road - Consider staff recommendation to approve the agreement and authorize the County Attorney to submit a Final Judgement to the Court incorporating the terms of the agreement. NOTICE: All Proceedings before this Board are electronically recorded. An)' person who decides to appeal anv action taken by the Boaro at these meetings will need a record ofthe proceedIngs and for such purpose may neea to ensure that a verbatim record of the proceedings is made. Upon the requesf of any party to the proceedings, individuals testifying during a hearing "ill be sworn in. Any' paJ1y to the proceedings will be granted tl1e 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) 462-1478 at least forty-eight(48) hours prior to the meeting. \..f ......, REGULAR AGENDA JULY 9,2002 PAGE TWO I . ADMINISTRATION Bi-weekly Committee Reports - The Board will provide committee and advisory board updates. "-' .....,/ CONSENT AGENDA Tulv 9. 2002 1. WARRANTS LIST Approve warrants list No. 40. 2. COMMUNITY SERVICES FY02/03 Trip/Equipment Grant - Consider staff recommendation to approve the application and contract for the grant and acceptance of the grant, authorize the Chairman to sign all documents necessary to execute the application and approve Resolution No. 02-140. 3. PARKS AND RECREATION A. Golf Course / Golf Cart Lease / The Associates Commercial Corporation - Consider staff recommendation to approve the "Acknowledgment- Equipment Lease-Purchase Agreement" pertaining to the name change of golf cart leasing company, The Associates, to CitiCapital, which occurred on July 1, 2001, and authorize the Chairman to sign the agreement. B. Contract Amendment / Florida Coast Professional Baseball School - Consider staff recommendation to approve the first amendment to the Lawmvood Recreational Complex Facilities Use Agreement "'lith Professional Sports Camps Inc. d/b/a Florida Coast Professional Baseball School, and authorize the Chairman to sign the amendment. 4. PUBLIC WORKS A Solid Waste / Abandonment of Artesian Well Project - Consider staff recommendation to approve Change Order No. 1 and Final Payment to Jaffer Associates, Inc. in the amount of $867.50, bringing the total contract amount to $10,877.30. B. Equipment Request No. 02-231 / Budget Amendment No. 02-144 - Consider staff recommendation to approve the equipment request and budget amendment for the purchase of a camper top for the Engineering survey vehicle from Thurman's in the amount of 51,030 to protect the equipment from inclement l¡,'eather and theft or vandalism. C. Solid Waste / Equipment Request No. 02-232 / Budget Amendment No. 02- 145 - Consider staff recommendation to approve the equipment request and budget amendment for the purchase of one used tandem converter dollie in the amount of $6,000 for the balefill facility. D. Salary Increase for Building Official - Consider staff recommendation to approve a 5% salary increase for obtaining State Certifications. J. HUMAN RESOURCES Third Year Adjustment to the Pay and Classification Study - Consider staff recommendation to approve the adjustments effective April 1, 2002. '-' CONSENT AGENDA JULY 9, 2002 PAGE nvo ....., G. AIRPORT TCL\:iway A-I Project at St. Lucie County International Airport - Consider staff recommendation to approve Change Order NO.2 for Dickerson Florida, Inc. for a decrease in the contract amount of $21,642.18 for a total project amount of $369,546.79 and authorize the release of retainage. 7. PURCHASING ~r'B. A. Bid No. 02-067 / Airport Industrial Park Sanitary Sewer System Phase 1 - Consider staff recommendation to award the bid to the low bidder, RK Contractors, Ine., in the amount of $75,125 and authorize the Chairman to sign the contract as prepared by the County Attorney. Bid No. 02-057 / Security and Fire Alarm System Improvements and Replacements for St. Lucie County Correctional Facility - (.antingent upon approval of Agenda Item C-9, consider staff recommendation to award the bid to the low bidder, Norment Security Group, Inc., in the amount of $1,962,000, and authorize the Chairman to sign the contract as prepared by the County Attorney. c. Bid No. 02-080/ Purchase of One (1) Propane Fuel Generator for the Sports Complex - Consider staff recommendation to award the bid to Crs Sales & Service Co., in the total amount of $18,832. D. RFP No. 02-076 / Operation of Fairwinds Restaurant - Consider staff recommendation to grant permission to negotiate an agreement with Zgolf Food and Beverage Sef\1CeS, and authorize the Chairman to sign the contracts as prepared by the County Attorney. 8. INVESTMENT FOR THE FUTURE 9. 1,¡I¡tt 10. Selvitz Road over Ten-Mile Creek Bridge Project / Bridge ID No. 940015 - Consider staff recommendation to approve Work Authorization No. 11 with Jenkins and Charland, Inc. for Engineering Sef\1CeS to provide an evaluation in the amount of $1,200, and authorize the Chairman to sign the authorization. jlIANAGEMENT AND BUDGET Rock Road Security System Improvement Loan - Consider staff recommendation to accept Option 1 of the First Union National Bank/Wachovia Bank proposal, and authorize the County Administrator to sign the commitment letter on their behalf. COUNTY ATTORNEY A. Treasure Cove/Ocean Harbour South MSBU / Public Utility Easements for Wastewater Facilities - Consider staff recommendation to accept the easements, authorize the Chairman to sign Resolution Nos. 02-11, 02-12, 02-13,02-14,02-15,02-16,02-17,02-18 and 02-19, and direct staff to record the documents in the Public Records of St. Lucie County, Florida. "- CONSENT AGENDA JULY 9, 2002 PAGE THREE ..." 10. COUNTY ATTORNEY (CONTINUED) B. General Financial Ad\isory Agreement with William R. Hough & Co. - Consider staff recommendation to approve the agreement and authorize the Chairman to sign the agreement. C. Permission to Advertise Ordinance No. 02-23 Consider staff recommendation to grant permission to advertise the proposed ordinance creating Section 1-15-30.1 (Restraint of Dogs) to require dogs to be under restraint by lead or leash in County owned or leased properties or facilities which permit dogs, for public hearing on August 20, 2002 at ï:OO pm, or as soon thereafter as possible. D. Contract Approval for Legal Representation of Indigent for Dependency Cases and Termination of Parental Right Cases - Trial Level with Dawn A. Kirk, P.A., T. Charles Shafer, Esquire, Keith C. Pickering, P.A. and Reginald B. Sessions, Esquire ("Kirk") - Consider staff recommendation to approve the proposed contract, and authorize the Chairman to sign the agreement upon receipt of the signed originals from Kirk. E. Voting Systems Assistance Agreement - Consider staff recommendation to approve the agreement and authorize the Chairman to sign the agreement. '- '-' St. Lucie County Board of County Commissioners Announcements July 9, 2002 A. The 2002/2003 Budget Overview will be held on July 9, 2002 at 2:00 pm in Room 101. . B. There will be RFQ Presentations for the Port of Fort Pierce, Florida Design, Build and Operation on July 15, 2002 at 2:00 pm in Conference Room 3. C There will be a Ribbon Cutting for the Indian River Lagoon Trace Bike Path on July 22,2002 at 2:30 pm. D. There will be Consultant Interviews for the Urban Area Allocation Study on July 23, 2002 at 1:30 pm in Conference Room 3. E. The August 6, 2002 Board of County Commissioners Meeting has been cancelled. \w ......" Paula Bowers Employed by St. Lucie County since Jan. 8, 1990. She has worked in the Building and Zoning Department all these years in various positions and now serves as the Assistant Permitting Supervisor. '"" '.,J HUMAN RESOURCES MEMORANDUM TO: DOUGLAS ANDERSON COUNTY ADMINISTRATOR FROM: PATRICIA CLUTE EMPLOYEE & LABOR RELATIONS MANAGER DATE: JULY 1, 2002 SUBJECT: EMPLOYEE OF THE QUARTER On July 1, 2002, a committee consisting of Frances Frazer and Doreen Pike of the Library, Gary Perdew of Management and Budget and Melissa Simberlund of Purchasing, met to review the nominations submitted for eight candidates for "Employee of the Quarter", (copies of the nominations are attached). The committee unanimously chose Paula Bowers, Assistant Permitting Supervisor in the Public Works Building and Zoning Department as the Employee of the Quarter for April, May and June. With your approval, I will notify Ms. Bowers and arrange to have her name placed on a plaque to be displayed in the Administration Annex lobby. :7/~ Douglas Anderson, County Administrator PAC/mp Attachments \,or" ...." , VOLUME I. ISSUE 7 "SPOTLIGHT" PAGE 23 BOARD OF COUNTY COMMISSIONERS DATE: ~¡),I¿Ú i ;{¿){b< V ' NAME: NOMINATION FOR EMPLOYEE OF THE QUARTER J--?¡ (~ /~l¡}~r &AHALJ. '../ IS HEREBY NOMINATED FOR THE EMPLOYEE OF THE QUARTER FOR.~E~SON STATED BELOW: 41// /)~ ~ ---- . ~'<¡; ~~d~ffi3v SIGNATURE OF NOMINATOR ý '- ...." NOMINA nON FOR EMPLOYEE OF THE QUARTER I have worked with Paula Bushby for 12 years. She has always been a dedicated employee. Today I am proud to have Paula working under my supervision as my assistant. She is a hard worker. Any job Paula is given is always done expediently. Her knowledge and expertise of her job and the County has been passed on and shared with other co-workers. She is always willing to help others and explain why there are procedures to follow so there can be a better understanding between co-workers to co-workers and county employees to the public. She has always been in a position that involves infonning and assisting the public with an understanding of The St. Lucie County Zoning and Building Codes. If she doesn't know the information she will not stop until she finds out. The County should be proud to have Paula as an employee. She is a direct, honest and respectable person and in return she has earned the respect of the people who work with her. The history of her personnel records speaks for it self. '- ...,,¡ PRAYER OFFERED I July 9th, 2002 BOCC MEETING Dear Father, Father, may we never fail to seek your guidance. In Your Name We Pray. Amen '- ......, BOARD OF COUNTY COMMISSIONERS ADDITIONS AGENDA July 9. 2002 REGULAR AGENDA County Attorney R-A.l Resolution No. 02-182 - Consider staff recommendation -to approve the resolution authorizing the acquisition and installation of a new security system in the Rock Road Jail Facility. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings. individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross- examine any individual testifying during a hearing upon request Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Communìty Services Manager at (561) 462·1777 or TDD (561) 462·1428 at least forty-eight(48) hours prior to the meeting. "- AGENDA REQUEST "'-'ITEM NO. A - I DATE: July 9, 2002 REGULAR [XX] PUBLIC HEARING [] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Robert O. Freeman, Esq. Bond Counsel SUBJECT: Resolution No. 02-182 - Authorizing the Acquisition and Installation of a New Security System in the Rock Road Jail Facility BACKGROUND: See attached memorandum FUNDS AVAILABLE: Correction Department Impact Fees PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve Resolution No. 02-182 and authorize the Chairman to sign the Resolution. [ ) APPROVED [ ) DENIED [X OTHER: Pulled prior to meeting. . .. D 91as Anderson unty Administrator COMMISSION ACTION: County Attorney: $y Review and Approvals Management & Budget Purchasing: Originating Dept, Public Works Dir: County Eng.: Finance: (Check for Copy only, if applicable) Eft, 5/96 '-' ..",,¡ SSQUlRE v\NDE~ LEGAL COUNSEL WORLDWIDE SQUIRE, SANDERS & DEMPSEY L.L.P. MEMORANDUM To: Board of County Commissioners ofSt. Lucie County, Florida From: Robert O. Freeman Date: July 3,2002 Re: Resolution Authorizing Term Loan to Provide Financing for Rock Road Jail Facility Security System The County has determined the need for a new security system for the Rock Road Jail Facility. To provide the financing for this project it has been recommended to the Board that the County borrow funds from Wachovia Bank, National Association (formerly First Union National Bank) in an amount of$2,190,000. The attached Resolution would authorize the execution of a Loan Agreement between the County and Wachovia evidencing the financing. The Loan Agreement is an attachment to the Resolution, and the Bank's proposal letter is an exhibit to the Loan Agreement. The security for repayment of the loan is Non-Ad Valorem Revenues annually budgeted and appropriated in amounts sufficient to make the annual principal and interest payments due on the Note and, to the extent the Note has not been either paid off or refinanced, to pay the final principal due on the Note in August 2012. cc: Daniel S. McInt)'Te, County Attorney Douglas M. Anderson, County Administrator Marie Gouin, Management and Budget Manager Christann K. Hartley, Finance Director Loomis C. Leedy, III, William R. Hough & Co. 8927vI128902-000011M-BOARD ROCK ROAD '-' ...,¡ RESOLUTION NO. 02-182 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AUTHORIZING THE ACQUISITION AND INSTALLATION OF A NEW SECURITY SYSTEM IN THE ROCK ROAD JAIL FACILITY; PROVIDING FOR THE BORROWING OF $2,190,000 TO FINANCE THE COST THEREOF; APPROVING THE PROPOSAL OF W ACHOVIA BANK, NATIONAL ASSOCIATION, TO MAKE A TERM LOAN TO THE COUNTY IN SUCH PRINCIPAL AMOUNT; PROVIDING FOR THE ISSUANCE OF A $2,190,000 IMPROVEMENT REVENUE NOTE, SERIES 2002A (ROCK ROAD JAIL SECURITY SYSTEM), AS EVIDENCE OF THE COUNTY'S OBLIGATION TO REPAY SUCH TERM LOAN; PROVIDING FOR THE PAYMENT OF THE NOTE AND THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT BETWEEN THE COUNTY AND THE BANK CONTAINING TERMS AND CONDITIONS RELATING TO SUCH LOAN; COVENANTING TO BUDGET AND APPROPRIATE FROM NON-AD VALOREM REVENUES AMOUNTS NECESSARY TO PAY THE PRINCIPAL OF AND INTEREST ON SUCH NOTE; AUTHORIZING FURTHER OFFICIAL ACTION IN CONNECTION WITH THE DELIVERY OF THE NOTE AND THE LOAN AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: Section 1. Authority for this Resolution. This Resolution is adopted pursuant to the provisions of the Act. Section 2. Definitions. The following terms shall have the following meanings when used in this resolution unless the context clearly requires otherwise. Words importing singular number shall include the plural number in each case and vice versa, and words importing persons shaH include firms and corporations. Capitalized terms used herein and not otherwise defined shall have the meaning set forth in the Loan Agreement. "Act" means Chapter 125, Florida Statutes as amended, Ordinance No. 87-77 of the Board, as amended, and other applicable provisions oflaw. "Bank" means Wachovia Bank, National Association, Deerfield Beach, Florida. "Board" means the Board of County Commissioners, as the governing body of the County. "Chairman" means the Chairman of the Board, or in the Chairman's absence, the Vice Chairman. "Clerk" means the Clerk of the Circuit Court ofSt. Lucie County, Florida, or, in the Clerk's absence, any Deputy Clerk. 8926V1/28902-000011R·AUTH ROCK RD SECURITY '-' ""'" "County" means St. Lucie County, Florida, a political subdivision of the State of Florida. "County Administrator" means the County Administrator of the County. "Covenant" means the covenant to budget and appropriate moneys to pay the Note contained in Section 10 ofthe Loan Agreement. "Loan" means the advance of moneys from the Bank to the County pursuant to the Loan Agreement. "Loan Agreement" means the Loan Agreement between the Bank and the County setting forth the terms and details of the Loan, in substantially the form attached hereto as Exhibit A, with such modifications and changes thereto as shall be approved by the Chairman, upon the advice of the County Attorney, such approval to be evidenced by the Chairman's execution thereof "Note" means the Improvement Revenue Note, Series 2002 (Rock Road Jail Security System), of the County, which shall be in substantially the form attached to the Loan Agreement as Exhibit A, with such modifications and changes thereto as shall be approved by the Chairman, upon the advice of the County Attorney, such approval to be evidenced by the Chairman's execution thereof. "Paying Agent" means the Clerk of the Circuit Court of the County. "Project" means the acquisition and installation of a new security system in the Rock Road Jail Facility, and all costs incidental thereto. "Proposal" means the proposal submitted to the County by the Bank, dated June 19, 2002. "Project Costs" means all or a portion of the cost of undertaking the Project including, but not limited to: engineering, legal, accounting, and financial expenses; expenses for estimates of costs and of revenues; expenses for plans, specifications and surveys; fees of fiscal agents, financial advisors or consultants; administrative expenses relating solely to the Project; reimbursement to the County for any sums heretofore expended for the foregoing purposes to the extent permitted under the Code; and such other costs and expenses as may be necessary or incidental to the financing of the Proj ect. "Resolution" means this resolution and all resolutions amendatory hereof and supplemental hereto. Section 3. Findings. It is hereby found, declared, and determined by the Board: (A) It is necessary and in the best interests of the health, safety and welfare of the County and its inhabitants that the County undertake the Project. The County is authorized pursuant to the provisions of the Act to undertake the Project. 2 8926V 1128902·0000 ¡/R·AUTH ROCK RD SECURITY '-" ...I (B) The County is without adequate, currently available funds to pay Project Costs, and it is necessary and desirable and in the best interests of the County that it borrow the moneys necessary for the Project. The County is authorized pursuant to the provisions of the Act to borrow moneys necessary to pay the Project Costs. (C) The County has requested and received proposals from various lending institutions in connection with the Project, and, based upon the advice of the William R. Hough & Co., Financial Advisor to the County, determines that it is in the best interests of the County that the Proposal be accepted. (D) It is necessary and desirable and in the best interests of the County that it enter into the Covenant to secure repayment of the Loan. (E) It is necessary and desirable and in the best interests of the County to authorize and approve the execution and delivery of the Loan Agreement and the Note, and the taking of all other action in connection with the consummation ofthe Loan. Section 4. Authorization Of Note. Subject and pursuant to the provisions hereof and in accordance with the provisions of the Loan Agreement and the Proposal, the issuance by the County of its Improvement Revenue Note, Series 2002 (Rock Road Jail Security System), in a principal amount of Two Million One Hundred Ninety Thousand Dollars ($2,190,000) to be dated, to bear interest, to be payable, to mature, to be subject to redemption and to have such other characteristics as provided in the Loan Agreement and the Proposal, and to be secured solely by the Covenant, is hereby authorized. Section 5. Approval of Proposal. The recommendation of William R. Hough & Co., Financial Advisor to the County, to accept the Proposal is hereby approved. The Proposal is hereby accepted. The County Attorney and Bond Counsel, are hereby authorized and directed to proceed to prepare the necessary documents to consummate the Loan. Section 6. Approval of Form of Loan Agreement and Note. The Loan Agreement and the Note are hereby approved, and the Chairman and Clerk are hereby authorized to execute and deliver the Loan Agreement and the Note to the Bank. Section 7. Authorization of Other Action. The Chairman, the Clerk, the County Administrator, the Management and Budget Administrator, and the County Attorney are each designated agents of the County in cOlmection with the execution and delivery of the Loan Agreement and the Note and are authorized and empowered, collectively or individually, to take all action and steps to execute and deliver any and all instruments, documents or contracts on behalf of the County which are necessary or desirable in connection with the execution and delivery of the Loan Agreement and the Note to the Bank, including, but not limited to, the making of modifications to the Loan Agreement and the Note to conform the provisions thereof to the provisions of the Proposal. Section 8. Application of Proceeds of Loan. The proceeds of the Loan shall be applied solely to the payment of Project Costs. 3 8926V1/28902-0000JIR-AUTH ROCKRD SECURlTY \..- ....J Section 9. Repeal of Inconsistent Provisions. All resolutions or parts thereof in conflict with this resolution are hereby repealed to the extent of such conflict. Section 10. Severability. If anyone or more of the covenants, agreements, or provisions of this resolution should be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements, or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements or provisions, and in no way affect the validity of all other provisions of the Resolution or of the Note or Loan Agreement delivered hereunder. Section 11. Amendment. This resolution may not be amended or repealed except with the prior written consent of the Bank. Section 12. Effective Date. This resolution shall take effect immediately upon its adoption. Passed and Adopted this 9th day of July 2002, at a regular meeting duly called and held. ST. LUCIE COUNTY, FLORIDA (SEAL) By: Chairman of the Board of County Commissioners ATTEST: By: Clerk of the Circuit Court, ex-officio Clerk of the Board APPROVED AS TO FORM AND CORRECTNESS: County Attorney 4 8926V1I28902-00001fR-AUTH ROCK RD SECURITY · , \r 8926Vl/28902·00001lR-AUTH ROCK RD SECURITY ....,I EXHIBIT A FORM OF LOAN AGREEMENT A-I .. \.,.. ...J BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: July 2,2002 Tape: 1 Convened: 7:00 P.M. Adjourned: 7:45 p.m. Commissioners Present: Chairman, Doug Coward, CliffBames, Paula A. Lewis, John D. Brulm, Frannie Hutchinson Others Present: Doug Anderson, County Administrator, Robert Bradshaw, Asst. County Administrator, Dan McIntyre, County Attorney, Jack Southard, Public Safety Director, Beth Ryder, Community Services Director, Mike Rath, Purchasing Director, DonWest, County Engineer, A. Millie Delgado, Deputy Clerk 1. MINUTES (1-017) It was moved by Com. Hutchinson, seconded by Com. Bruhn, to approve the minutes of the mceting held ,Tunc 25, 2002; and, upon rpll call, motion carried unanimously. I 2. PROCLAMATIONS/PRESENT A TIONS None 3. GENERAL PUBLIC COMMENTS 4. CONSENT AGENDA It was moved by Com. Bmhn, seconded by Co,m. Barnes, to approve the Consent Agenda with item C-3B pulled; and, upon roll call, mo~ion carried unanimously. I. W ARRAN'f LIST The Board approved Warrant List No. 309. 2. UTILTIIES Equipment Request No. 02-143- The Board approved declaring Ellis K. Phelps a sole source for Hyght Pumps and approved the equipment request for the purchase of one submersible Brine pump in the amount of$2,833. 3. INVESTMENT FOR THE FUTURE A. PSL Pool Restroom Rcnovation/Reallocation of Funds - The Board approved the reallocation of $1,500 from the Normandy Beach project to complete this renovation project. B. Budget Amendment NO. 02-142/South County Stadilllll!( 'OIlCl:Ssioll!Restroolll Buildillg- This ilelll was pulled, slalì'was directed to bring back infÌJrmation I(,)r discussion during the budget sessions. 4, PURCHASING A. Bid No. 02-070/Uniforms Rental Purchase and Related Items- The Board awarded the bid for Uniforms (RentallPurchase) and related 1 c. \....- ....I items for Group 1 (Rental Uniforms), Group III (Floor Protection Mat Rental) and Group IV (Shop Towels to the low bidder for these groups, Cintas Corporation at the unit prices submitted, and authorized the Chairman to execute the agreements as prepared by, the County Attomey. B. Permission to Sell Surplus Vehicles and Equipment by Public Auction- The Board approved selling at public auction the Capital Assets listed and authorized removal of these items from the County's Capital Asset Records. 5. PUBLIC SAFETY Permission to Advertise/Certificate of Public Convenience and Necessity (CON/ARC of St. Lucie County for Class F (In house only)- The Board approved advertising for a public hearing to be held on August 13, 2002 at 9:00 a.m. or as soon thereafter as possible. G. COMMUNITY SERVICES Federal Transit Administration Job Access and Reverse Commute Program Grant Proposal Application- The Board approved submitting the grant for two years of funding totaling $1,000,000 to be used to exten.d the hours on the US 1 Fixed Route and to assist with the operating costs of the Fort Pi~ree Feeder Routes. REGULAR AGENDA 5. COUNTY ATTORNEY(1-321) Resolution No. 02-176 and No. 02-177 Right of Way Abandonment/Donation of 30 Ft. Drainage Easement/Schwab Road- For eonsideration before the Board was staff recommendation to approve the resolutions, instruct staff to publish the final Notiee of Abandonment and record the resolutions, Proof of Publication of the Notice of Public Hearing and proof of Publication of1the Notice of Abandonment in the Public Records of St. Lucie County, Florida. " Mr. Joey Lopes, area property owner addressed the Board with his concerns regarding access to other parcels in the area. Mr. Buddy Emerson, petitioner, addressed Mr. Lopes' coneerns and stated this will only affect his propcrty and no others. It was moved by Com. Barnes, seconded by Com. Bruhn, to approve staff recommendation; and, upon roll call, motion carried unanimously. COMMUNITY DEVELOPMENT (1-479) B. Westchester/Partial Final Planned Development - Consider staff recommendation to grant Partial Final Planned Residential and Partial Final Planned Unit Development through Resolution No. 02-141 and 02-142 subject to the cited conditions. The Community Dcvclopmcnt Director clari fied the statement to condition tI I. It was moved by Com. Hutchinson, seconded by Com. Bruhn, to approve staff recommendation; and, upon roll call, motion cartied unanimously. ~ BOARD COMMENTS 2 06/28/02 FZABWARR FUND 001 001001 001137 001140 001143 001147 001243 001265 001267 001269 001809 101 101002 101003 101006 101211 102 102001 102104 105 107 J~'-'OOl 002 107003 111 112 113 114 115 116 117 118 119 120 121 122 123 126 127 136 138 139 140 140123 140275 140313 140315 320 -. \.,..- 'wJI ST. LUCIE COUNTY - BOARD WARRANT LIST #39- 22-JUN-2002 TO 28-JUN-2002 FUND SUMMARY ~ TITLE EXPENSES General Fund Recreation Special Events Zora Neala Hurston Dust Tracks Heri . Section 112/MPO/FHWA FY01/02 Health & Human Srvcs CSBG FY01/02 NOAA/FDCA Adopt-A-Beach Childern's Environ. Learning Center TDC Planning Grant FY01/02 EMPA 01/02 Dept. of Community Affai FDEP-Urban Mobile Lab Grant 01/02 SFWMD-Fîoridian Aquifer Well 01/04 Transportation Trust Fund Transportation Trust/80% Constitut Transportation Trust/Local Option Transpõrtation Trust/Impact Fees FDEP Canal & Stormwater Retrofit Unincorporated Services Fund Drainage Maintenance MSTU FDOT Bicycle/Pedestrian Coordinator Library Special Grants Fund Fine & Forfeiture Fund I: Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper River Park I Fund River Park II Fund Harmony Heights 3 Fund Harmony Heights 4 Fund Sheraton Plaza Fund Sunland Gardens Fund Sunrise Park Fund Paradise Park Fund Holiday Pines Fund The Grove Fund Blakely Subdivision Fund Indian River Est~tes Fund Queens Cove Lighting Dist#13 Fund Southern Oak Estates Lighting Pine Hollow Street Lighting MSTU Monte Carlo Lighting MSTU#4 Funp Palm Lake Gardens MSTU Fund ¡' Palm Grove Fund Port & Airport Fund USDOT-Enviro Assessment 9l-27R DOT-140-Airport Maintenance Bldg Airport Master Plan Update FDOT Airport Drainage Master Plan- FDOT FDOT-Environmental Assessment 444,554.40 5,800.00 21. 48 1,095.77 1,439.79 6,463.34 22,435.08 48.60 518.29 209.70 225.40 <;'0,001. 83 30,659.82 336.25 89,547.86 7,500.00 11,139.98 6,170.31 199.20 298.23 192,702.63 121. 06 2,359.86 639.24 2,597.90 524.93 10.62 19.33 22.65 24.76 6.13 35.49 38.36 151.48 3.96 851.70 13.46 112.59 311.74 71. 27 106.81 669.33 8,335.65 H,924.51 34,295.00 1,737.55 1,553.20 12,611. 49 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 :-. 06/28/02 F7.AßWARR FUND 140322 160 183 183001· 183004 183106 184204 185002 242 316 316001 382 396 401 418 421 441 448 449 451 458 '" -. 478 479 491 505 505001 611 615 625 \.or ....,¡ ST. LUCIE COUNTY - BOARD WARRANT LIST 1/39- 22-JUN-2002 TO 28-JUN-2002 FUND SUMMARY ~ TITLE Industrial Park West Development Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Domestic Relations Hearing FYOO-03 South Co. Post Storm Study FDEP SHIP Housing Assistance FY 01/02 Port I&S Fund County Capital Transportation Capital Environmental Land Capital Fund Lennard Road 1 - Roadway Capital Sanitary Landfill Fund Golf COùrse 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 I' 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 Funp Tourist Development Trust-Adv Fund Impact Fees Fund I Law Library GRAND TOTlt-L: EXPENSES 18,075.50 469.43 709.58 336.40 691.36 6,312.48 5,450.50 6,848.43 78,751.27 69,287.37 66,139.96 11,790.00 1,100.00 147,899.65 6,289.24 44:.83 2,988.81 1,049.46 126.86 516.80 112.63 15,293.~8 2,835.00 65.02 6C.75 3,719.65 5 6'5 . 0 1 256.96 888.';4 3,643.39 3,528.91 1,399,398.20 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 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 8,241.73 0.00 0.00 0.00 0.00 8,241.73 \.,.. ..."" Com. Bruhn requested the Board ratify his appointment of Jerome Stone tÇl the Recreation Advisory Board. It was moved by Com. Bruhn, seconded by Com. Lewis, to appoint Mr. Stone to the Recreation Advisory Board; and, upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of Circuit Court , ~ 3 \..r ..." ........ AGENDA REQUEST ITEM NO. -º It DATE: July 9,2002 REGULAR [xx] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITIED BY(DEP1.'): County Attorney Victoria Winfield Assistant County Attorney SUBJECT: St. Lucie County Cultural Affairs Council- Vacancy BACKGROUND: See attached Memorandum. RECO MMENDA TI ON: Staff recommends that the Board of County Commissioners appoint one of the persons nominated by the Cultural Affairs Council to fill one of the vacancies on the Council and to reappoinl] essye Walker for a second term on the Council. COMMISSION ACTION: !~. APPROVED [] DENIED [ ] OTHER: (4-0) Corum. Coward Absent Jenene Skrupky County Attorney: :Y Review and Approvals Management & Budget:_ Purchasing: Originating Dept: Other: Other: Finance:(check for copy only, if applicable) """ ..."" INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Victoria Winfield, Assistant County Attorney C.A. NO: 02-972 DATE: June 26, 2002 SUBJECT: St. Lucie County Cultural Affairs Council- Vacancy BACKGROUND: Pursuant to Section 265.32, Florida Statutes, the Cultural Affairs Council is required to submit three (3) names to the Board of County Commissioners to fill any vacancy on the County Council. The Council has reviewed and accepted the following applications for Board consideration in filling one of the vacancies on the Council: 1. Jack Connolly 2. Jenene Skrupky 3. Sidney Cole Copies of their applications are attached. In addition, Jessye Walker's first term on the Council has expired and she has indicated a desire to be reappointed for a second term. CONCLUSION/RECOMMENDATION: Staff recommends that the Board of County Commissioners fill one of the vacancies on the Cultural Affairs Council from the list of nominees submitted by the Council. Staff further recommends that the Board reappoint Jessye Walker for a second term on the Council. Respectfully submitted, L"'L'þ;) ~ Victoria Win leld Assistant County Attorney Attachments VW/as Copies to: County Administrator Deputy Clerk ',",'.--,,-.....-r . ~ .."" , , Hi 11 , /'.. t_ ¿'uU2 Vi i i.-I , I ",' ,; Y ATTORNt:yj St. Lucie County Board of County Commissioners lication for Servin on Count Boards and Committees Thank you for applying for a position on one of St. Lucie County's many advisory boards and committees. The minimum requirements for committee membership are: ""Must be a County resident ""Must not be related to another committee member, County Commissioner or County employee involved with the committee of interest * Must not be employed by the same business entity as other committee members. *Must not serve on more than 2 County committees Note: Some committees have additional requirements, please inquire when submitting this application. In addition, service on committees with planning, zoning or natural resources responsibilities may require disclosure of financial interests. Please complete the following information: 1. PLEASE INDICA TE THE COMMITTEE(S) YOU ARE INTERESTED IN, SEE THE REVERSE SIDE 2. NAME: SAC¡<: CC9NNOL:;.b PHONs(7',2') -"If :1-/fJbS"" 3. HOME ADDRESS: 14ße.l f r1.V"\ Sf "P"î- f;QrCQ Çl 2:rJ/-e; ~ I -- 4443 4. WHICH COMMISSION DISTRICT DO YOU LIVE IN? 5. BUSINESS/OCCUPATION R.Q..}\",Q A. (S::~(').:,( PC.íYv--lV'lI>.{-\"o..L4Y-, ..J---+e00-Ul4-¡·£) 6. BUSINESS ADDRESS: - 7. BRIEf RESUME Of EDUCA nON & EXPERIE <"ohC¡J" 51 B. 9. ~Y\ +ltc 10. 11, DATE: -s= /4--0L APPLICA nON WILL RE AIN EFFECTIVE FOR ONE YEAR Submit to:5t. ucie County Administrator's Office 2300 Virginia Ave., Ft. Pierce. FI. 34982 Phone: 462-1453 "" -.J St. Lucie County Board of County Commissioners Application for Serving on County Boards and Committees Thank you for applying for a position on one of St. Lucie County's many advisory boards and committees. The minimum requirements for committee membership are: *Must be a County resident *Must not be related to another committee member, County Commissioner or County employee involved with the committee of interest *Must not be employed by the same business entity as other committee members. ""'Must not serve on more than 2 County committees Note: Some committees have additional requirements, please inquire when submitting this application. In addition, service on committees with planning, zoning or natural resources responsibilities may require disclosure of financial interests. Please complete the following information: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. PLEASE INDIC~.TE THE COMMITTEE(S) YOU ARE INTERESTED IN, SEE THE REVERSE SIDE NAME:~1é-tf)f't'\ L ~ ),lrv,01:J '" PHONE: 172-- 33{ - Z-b? '= HOME ADDRESS: 17VI .ý. W- /'J7,((!<-,kA-v-->- p+_ SI- Luc ('<.- ¡:::;-L 3 Y7',s-3 WHICH COMMISSION DISTRICT DO YOU LIVE IN? BUSINESS/OCCUPATION kll.T FO£.c:P / Æ-¡l:L,.,.-.,sr BUSINEsS ADDREss: S4-ME- I PHONE: BRIEF RESUME OF EDUCA nON & EXPERIENCE:(please attach resume) ~1/~(' DO YOU CURRENTLY SERVE ON A COUNTY COMMITTEE(S). IF SO, PLEASE LIST: WHY DO YOU THINK YOU ARE QUALIFIED TO SERVE ON THE COMMITTEE(S) INDICA TED? ;t;~ t\..., tJ-r-r I2d¡/("edl'uv.. ~efjJ"''i' e Íl d.. ) ,lúJ -h ,re r p¡}/ r- S j, Luc (\.e halrl- tl n an- ßJ4- t( ert:: t1 r a 1"1- Caa-p WOULD YOU CONSIDER SERVING ON ANOTHER BOARD OTHER THAN THE ONE(S) STATED ABOVE?(PLEASE SPECIFY) COMMENTS: pt. Sf. vv{,'e r'l e.~~ r a r-f:: t (" kr: - e c.Je4.r /r\ßY't SIGNATUR~...9rt;~ DATE' s¿!¿j L- APPLICA nON ILL AIN EFFECTIVÉ FOR O,NE YEAR Submit to:St. LUCie County Administrator s OffICe 2300 Virginia Ave.. Ft. Pierce. FI. 34982 Phone: 462-1453 ~ £l3R~ jfQ&~'~QE~ 3fenine $krupkp,~.$. . a ~~~¢1ë~.. !o. .~.!' : ~ a"W¡4 .1~, ,¡ ".~ ,~ .... -_....~,.. '\" ,/t!.~Q.."~'~ .~""~ ..~ "I~'t"'~ A\'~'~' 4 !~~"" ~ .~~ ~ ". ,.......~, .'r....." I .'l~;' ~l~' -., Jill: 1~lb~ ~ S !!I!!!' ~ Ð: !fiiI.. U· ~-;, a... ¡~ ~ ~, I ,I:¡:. ~ ...- :., if. :« , ~ '., ", .,1-1.-",- 11...:-.. . . ~ ~.:. ~ Mil ..« '.., ~ .. ~ RESUME JENENE SKRUPK Y 1741 S.W, MILLIKIN AVE. PT.ST. LVcœ, FL 34953 1'EL, 772-336-2236 DEGREE- BACHELOR OF SCIENCE IN f\RT EDUCATION, }'ROM THE UNIVERSITY OF WISCONSIN, MADISON, ] 977. TEACHING- 3 YEARS BARRON COUNTY PUBLIC SCHOOLS, WISCONSIN. 3 YEARS ~1ARTIN COlf}.¡iY PUBLIC SCHooLS- SUBSTITUTE 3 CLASSES ThiDIAN RIVER COMIvIIJl'-:1TY COLLEGE- 2 PAIi'·rfING CLASSES OF OIL. ACRYLIC AND WATERCOLOR. 1 CRAFT CLASS- ST AmED GLASS, LEATHER, MACRAt\¡Œ, BATIK Ai'ID SHELLS. I CLASS CALLIGRAPHY I CLASS POTTERY IN 1977 J RECEIVED "BEST OF SHOW" AT THE STATE EXHIBIT FOR AN OIL PAIl\TTING ENTITLED, 'THE DOOR" IN 1978 I RECEIVED "BEST OF SHOW" AT THE COUNTIT EXHIBIT FOR A BOOK, WHICH I MADE, PRINTED ANTI ILLUSTRATFn, ENTITLED "W01vŒNIN WATERCOLOR" IN 1978. THE SAME BOOK WAS SELECTED FOR "HONORABLE MEl'-:iION" IN THE 8T ATE. ALONG WITH THESE. I HAVE RECEIVED 10 OTHER 1 ST PLACE A WARDS AT LOC.AL SHOWS. E.MPLOYMENT- STAINED GLASS BY JA)'þ.,'E, 5 YEARS, JENSEN BCH, FL GLASS DESIGN- VERO BCH SUNRISE ST AIi'o.'ED GLASS- WEST PALM BCH. CHALfI-'lERS STAINED GLASS- JUPlTER ART GLASS ENVIRONMENTS- BOCA RATON 51 EDWARD'S CHL'RCH RESTORATION- WEST PALMBCH. 3 YEARS IN ] 984 I STARTED A BUSIl'<'ESS CALLED, '"ART FORCE", IT INCLUDES DOING ETCHED AND C.i\RVED GLASS, STAINED GLASS, ML'RALS, DECORATIVE FAUX PAINTING. AND MOSAICS. \.' .. "'--.. . " ror ~-- Œ . tl.~~·Œ~~¡.}! St. Lucie County , n I! . i I Board of County Commissioners I UU! MAY 2 4 2002 i. Application for Servinq on County Boards and dom~i: :.: 'ee$~._._--l ! COUNTY ATrORNEY . -,--.-,-.-- .~-' Thank you for applying for a position on one of St. Lucie County's many advisory boards and committees. The minimum requirements for committee membership are: * Must be a County resident * Must not be related to another committee member, County Commissioner or County employee involved with the committee of interest * Must not be employed by the same business entity as other committee members. *Must not serve on more than 2 County committees Note: Some committees have additional requirements, please inquire when submitting this applicûtion. In addition, service. on committees with .planning, zoning or natural resources responsibilities may require disclosure of financial interests. Please complete the following information: 1. 2, 3. 4, 5. 6, 7. B. 9. 10. 11. PLEASE INDICA TE THE COMMITTEE(S) YOU ARE INTERESTED IN, SEE THE REVERSE SIDE NAME: SOl 'J~,/ CD I'-L P,HONE: 0/& t./ -S J../ ~ HOME ADDRESS: '3 SOD -r~ ,'"" L.... ke.-s ~Vlrr.>..C--L t:..f,I?-r.;c. . WHICH COMMISSION DISTRICT DO YOU LIVE IN? BUSINESS/OCCUPATION ðL.- .f,--~ct BUSINEss ADDRESS: DO YOU CURRENTLY SERVE ON A COUNTY COMMITTEE(S). IF SO, PLEASE LIST: WHY DO YOU THINK YOU ARE QUALIFIED TO SERVE ON THE COMMITTlZEC¡ INDICA TED? 'T3fã.r.rc/ ¡v1~ 0-<-... - F +, r: -4 ¡.c. e -:]"'... ~2 .r o~<t -- ( pc< .-f.¿,.{,.......-p Mv f ~C{':"~ - WOULD YOU CONSIDER SERVING ON ANOTHER BOARD OTHER THAN THE ONE(S) STATED ABOVE?(PLEASE SPECIFY) COMMENTS: .. SIGNATURE: 4- ~ . ¡!~ DA TE: ,) ¡; 0 /0 "2- / APPLKA nON WILL REMAIN EFFECTIVE FÓR ONE YEAR Submit to:St. Lucie County Administrator's Office 2300 Virginia Ave.. Ft. Pierce. FI. 34982 Phone: 462-1453 \~ ~), ~ VOTING BALLOT Cultural Affairs Council ~ Jack Connolly C ---- Jenene Skrupky - Sidney Cole , COMMISSIONER'S SIGNATURE: C , '-' ....., VOTING BALLOT Cultural Affairs Council Jack Connolly Jenene Skrupky /'- Sidney Cole , COMMISSIONER'S SIGNATURE: ,41/~,) ¡J/~¡;;(}(i~7 , I j '-' VOTING BALLOT Cultural Affairs Council Jack Connolly Jenene Skrupky Sidney Cole COMMISSIONER'S SIGNATURE: ...., '-' ...., VOTING BALLOT Cultural Affairs Council Jack Connolly Jenene Skrupky v'-'--:;--- Sidney Cole . ,,- ,_.'~--. / , I \ -' COMMISSIONER'S SIGNA TµR~A~¡;'l1f:~?il.Þ:"",~ -. . ~.... - "'/ AGENDA REQUEST ...¡ ITEM NO. (,d DATE: July q. 2002 REGULAR [XX] PUBLIC HEARING [] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Tedder v. St. Lucie County - Mediation Settlement Agreement - Orange Avenue Loop Road BACKGROUND: See attached memorandum FUNDS A V AILABLE: 101002-9910-599300-800 PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board approve the Mediation Settlement Agreement and authorize the County Attorney to submit a Final Judgment to the Court incorporating the terms of the Mediation Settlement Agreement. l~. APPROVED [ ] DENIED [ ] OTHER: (4-0) Corum. Coward Absent. COMMISSION ACTION: County Attorney: ,JY Review and Approvals Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng,: Finance: (Check for Copy only. if applicable) Eft. 5/96 '-' -....I INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY. FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. 02-999 DATE: July 8, 2002 SUBJECT: Tedder v. St. Lucie County - Mediation Settlement Agreement - Orange Avenue Loop Road BACKGROUND: The State of Florida Department of Transportation (FDOT) is in the process of widening Orange Avenue from two lanes to four lanes beginning east of I-95 and extending to 32ná Street. The FDOT plans to construct a divided highway with a landscaped median separator. Many of the business owners located along the Orange Avenue corridor voiced strong objections to the installation of the median divider. The County and FDOT staff met with the business owners over the course of almost two (2) years in an effort to resolve the business owners' concerns. As a result of these meetings, a compromise was reached. The property owners agreed to donate land to the County to allow the construction of a loop road. FDOT agreed to construct the loop road as part of the Orange Avenue project. A copy of a map depicting the proposed loop road is attached. Although the proposed loop road satisfied the concerns of the business owners, an adjacent property owner (Tedder) expressed concern through his attorney about the proximity of the proposed loop road to the Tedder residence. A copy of the October 2, 2001 letter with enclosures from Richard V. Neill, Jr., Esquire, is attached. In an effort to resolve the Tedder's concerns, the FDOT proposed to relocate the proposed roadway as far away as possible from the Tedder residence within the donated right-of-way. The County offered to install a landscaped berm (using fill donated by FDOT) within the right-of-way between the loop road and the Tedder residence. According to the County's Public Works Director, the cost of installing the landscaped berm would exceed twenty-five thousand and 0/100 ($25,000.00) dollars. In addition, the County would incur the cost of maintaining the landscaping. '-' ...., The Tedders rejected the County/FDOT proposal and filed suit against the County and FDOT. The County filed a Motion to Dismiss in which FDOT joined. Pending a hearing on the County's Motion to Dismiss, the parties met with a mediator to discuss a possible settlement of issues. Subject to the approval of the Board, the parties reached a settlement that would, if approved, result in the dismissal of the lawsuit against the County and FDOT. A copy of a Mediation Settlement Agreement is attached. As outlined in the Agreement, the County would pay the Tedders a total of twenty thousand and 0/100 ($20,000.00) dollars in full settlement of all claims. FDOT agreed to relocate the loop road away from the Tedder residence within the donated right-of-way. Funds are available in Account Number 101002-9910-599300-800. DISCUSSION: Staff believes that the proposed settlement is in the best interest of the County. The proposed settlement payment ($20,000.00) by the County is less than the amount ($25,000.00) that the County would have to pay to construct the landscaped berm. In addition, the proposed settlement would eliminate the expense of maintaining the landscaping in the future. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the Mediation Settlement Agreement and authorize the County Attorney to submit a Final Judgment to the Court incorporating the terms of the Mediation Settlement Agreement. DSM/caf Attachments ~ "'- a::: a::: UJ Cl Cl UJ I- z 0::: UJ Z a::: => I- 0::: w ....J ....J :::E a::: UJ ....J ....J :::E ~~ - - I- ....J ID 0::: W I- UJ a.. :::E ....J « a.. UJ Z :J: Uo::: «UJ :::EZ wO::: ....J=> 0..1- a.. « - dt- -r (.::>Z _:J: IDO . ..---- ---- ------ -W-- (.::>~ZCl -:J:W IDO~ . N3è1~~è138 . NOllè1V':J' ~ ) I I I~ « ~ I UJ ~ I~ ~~ L 10/02/01 10\...FAI 561 4~' 2566 .Nv~ J~' ~ ~;~ t\M. /°1\ Œ©ŒDWŒ II I . NEILL, GRIFFIN, J~FFRIES, FOWLER, TIERNEY IS< NE.llt~ ..' OCï - 2 200/ 1 r;HA.RTLRL.O ,:\GJFT&:\ '-"'W OFFICE:S 3i I SOUTH SECONO STREET ~. \ '~, su,n: 200 RICH....1=l:O v. NE:'L~ ÇHESi't!.R B. aRt,...'....,..., ....iCHAEl. .J£.F~Ril:.£ M1CHÄ£l.. o. "O~~R J.S'1'F;Pt-IEN TI£PNl:y.m Fue14A.RC V. NE:'u.., JA. RE:~il!: e;. MAAOUIS $~ERRY MAID.., "ORT PltllC:!:, nORIOA34$!.O O;;:tober 2, 2001 MAJLING AODR:::SS: "'OST O~'lCE e>oo: IZ70 F"ORT F1E:A::E, ¡:-:.. 3'"'854 TE:~e:"HONE: l58D ~i!OO FAX (561) ~e4-2$6g œ~~; ~: 2~OI ~~! C-C·. ~Oc... c.. ~9A C oY'll'Y\l.X\. De..: \:>ú", V'(\c. TELECOPIER ÖNL~ (561-462-2131) Frannie Hutchinson, Chairperson St.' Lucie County Board of Cou~ty 2300 Virginia Avenue Fort Fierce, FL 34962 COr:'JT\i s E þ.,. t ~ ~~, ~ c r: I"'" ; ~ _,I r 1'\ \.. I. : 1..-._...' ,-..Ji Dear Ms. Hutchinson: We've been asked to represent Eloise Tedde~ a~d her family in relation ~o an aspect of tr.e wiòeni~g of Orange Avenue, that is the Jenkins Road Truck LOO¡::'. For your ready xeference, ! ar.. enclosing e copy of a diagram prepareò by Bill ~eéder showing the :~~ily resitie~ces an¿ ~neir loca~ion in relation to :he project. Yo~ wil~ Lo~e ~ta~ Mrs. Tedde='s pool is withi~ 30 feet of the project, h~r house is net much fur~he=, and that Bill Tedder's hO~5e (and bedroo~ wiLdowì ar~ 22 teet from the project. Bill is a spinal cord injury patient, who is ~r. pain every mome~t of the åay, who has grea~ difficulty sleeping and who wil: have serio~5 difficulties as a result of the projec~ as planneå. A copy o~ a letter form his phY5iei~n, S~errard L. Hayes, M.V., is e:so enclosed. I should also poi~t o~t that ~he faoily has rss~ded on this property for more than 4D years and is not willi~~ t~ simply give u~ its quiet enjoyment of the property. Obviously, the project will preclude the Tedders, O~ ~nyone else of normal se~sicilities, f=om enjoying residenti~l use 0= these pre~ises. My unde~standing is that the proper~ymakir-g up the right-of-way of the truck locp is being donate1 to the Cou~ty. : also understanå that one cf the åonors, Joey Miller, was willing to éonate property that woulà take the right-of-~ay further north to the C-44 canal anc then east to Jenkins, a sclution that wo~ld be tolerable to ~he 'IeÒÒers. ~::~~~~ ~f::;:i~~?'it'JJ:~~·"[::~·7'· -i,~:" ~.. -,~ ~.'."-..'.C'r.,....'"':"/:;"_'.";O~-. ~ ,-9 A1i\. :~~,1/fi\Z-j;·.:~;¡-e~\· :." ;''''':¡'""' - :~~~'.~ .~ ,vør:' '-"!~:;fI-" ,',- ~~!:()~~/;.~':-,:"~ ..', " ~:;.'.;r ;'~fR/.Ã'\ '-:e,0 5~ ¥:'";-t: _~ :-:\ v<;f"I_::\~I;. ...:~-,-';":..." ", - ; - ·-5 _...,,-.-,./;j 'f~ .......--, -, - . 't~Ii~~~.: ~~" r..~ '~~' 10/02.'01 J -3 FAr 5.6.1 '~4 2566 '- ~GJFT&N [i002 ...." Frannie Hutchinson, Chairperson Page 2 Oc'Cober 2, 2Q01 At this point, ~he Tedders, particularly ~r$. Tedder who owns the 'property, have asked me to look into ~his matter a~d see if ! ccule help theffi. I am inclined to feel ~hat, rather ttan having me get involved, it would be best for all concerned i~ t~e v~rio~s affected parties could work sonething out. I am writing you at this point to make ~~e Cou~ty aware of this situation, and also to solicit some basic info=.nation; 1. To what extent is this a County prOJEct? 2. Will the subject property actual~y be donated to the County or to the DOT.? 3. Has a decision ac'Cually been made to prQceed with t~e truck loop project has planned? 4. Is there a point at which ~he Tedde~~ will have the right 0= ability to voice any objection to the project proce~òing as ~hey understand it is planned? these are jU5t some basic questions, the ansÄers to which night he~p me give the tedders some g~idance. Would a~p=eciate your forN¿Tding the same to the appropriate person for respcnse. with best regards. ~r.. RVNj r Imkl Enclosure! cc: Daniel S. McIntyre, Esqui=e, via telecop~er (561-452-1440) NEILL. GRIFFIN. ,J£F'F'I'II~. I"OWLER.'T1ERNE:'f" NEILL CHAIl'rI:Rr;;D ~.c. sox 1270. ,"ORT PieRCE:. F",-OqeD^ ~.S-4" ¡¡;!.,.£PrlONE (5&11 454-8ZCO 10'02/01 1U F.G 561 4"1 2566 '- :\GJFT&:\ ...., ,.---. -- --- "- -- - / . .Ik ~ oo~ ORANGE AVENUE . I I I I I I I I I I I I l I I 1 t I I I I 1 \ I , , 1 , , \ , , , I , , \ , , \ , I I I I I I I , J t l I ",/ / ---....-........--_...~----.-------- --" ~ Tn r.1;. I^,","", Pr/"'\ÎØt"'V ~--------",. -----~~~~-~~--- ~~ ö -Ii-------- BI 8l. Debbv ~ RobbIe &. Donna Tedder . Tedder Horne Home ~ ~ APPlE MACHINE ª . '.:: Rear a dìUlICe 10 ~ . .. , d' . '. ~ .... . 30ft Ô EIoCs:a 'Tedders Home . . '" . . . '. ~ :" ~ r . \'..~ " s E+ II. I 10/02.'01 ~ FA! 561_ ~p '2566 ~r;JIT&N ~ OO~ "" / SHERRARD L HAYES, M.D., P.A. ImÐuw. Ll!0IC»œ 1 ¡oo NbRASQ. AVÐlUE QIn'¡¡ #1 FOfD' p~ F'LoNÞA 34950 Omœ (S61) 464-3200 FAX (~61) 4~ ' september 21, 2001 PATIENT: TEDDER, WILLIAM R. 2SS North Jenkins Road Fort Pierce, PL 34947 To Whom It May Concern; Willia~ ~. Tedde~, who resides at the above address, has been under my medical care since 1980 for problems rélating to a severe spinal cor-d injury SU$taineà in 1973. Mr. Tedder, as á result of that accident, is a paraplegic. He suffers from continual and reeurrent paíns related to his injury and requires medication fer pain relief, as well as muscle spasm control. His place of residence has been specially modified for his wheelchair and other equipment necessary for his condition. he a result of problems related to hie injury, Mr. Tedder has a gre~t deal of difficu:ty with sleeping ,at night. He presently takes several medications to help control his pain, alse to help his sleep at ~ight. despite ~hich he continues to have difficulty. It is my understanding there is a proposal to create a truck ro~te that would bring large noisy vehicles within 25 feet of his beå.room window. In my medical opini~~. such a p~oposa1 would, if e!£ected, create an additional ~ntolerable enví~onmental situation for Mr. ~edder and thereby his family. Please give Mr. Tedder appropri3te consiäeration in this matter. If further information is needed, I will !be willing to provide it with Mr. Te¿der'G permission. Sincerely, ~'" ~ Sherrard L. Hayes, M.P. SLH/cab \.; ...., IN THE CIRCUIT COURT FOR THE NINETEENTH JUDICIAL CIRCUIT, IN AND FOR ST. , LUCIE COUNTY, FLORIDA CASE NO: 02 CA 000078 (ED) ELOISE H. TEDDER, Plaintiff, vs. ST. LUCIE COUNTY, FLORIDA, Et aI., Defendants. / MEDIA nON SETTLEMENT AGREEMENT The parties and their counsel, having met with W. Jay Hunston, Jr., Certified Circuit Court Civil Mediator, for mediation in the above-styled action on June 21, 2002, and having resolved all disputes between them, agree as follows: 1. This Agreement is subject to and conditioned upon the approval of the Board of County Commissioners for St. Lucie County, Florida. 2. In lieu of constructing a berm and landscaping between the proposed roadway and the Plaintiff's property which is the subject matter of this action, ST. LUCIE COUNTY, FLORIDA, shall pay to Plaintiff, ELOISE H. TEDDER, the Settlement Sum of $20,000.00, in full settlement of any and all claims which havé been or could have been asserted in this action. Agreement to and payment of the Settlement Sum shall not be deemed an admission of any fact, issue or liability in this case. 3. Payment of the Settlement Sum shall be made payable to and c/o the trust account of Plaintiff's undersigned attorney. \.- ...., 4. Upon payment of the Settlement Sum in full, the parties shall cause to be filed their Joint Stipulation for Dismissal, with Prejudice, of this action. 5. It is agreed that the travel lanes of the loop road will be located as previously agreed in Ms. Balogh's correspondence of October 23, 2001 to Plaintiff's counsel. 6. Each party shall bear its own attorneys' fees and costs of this action. 7. This Mediation Settlement Agreement shall be filed with the Court in the above-styled action. 8. The Court shall retain jurisdiction to enforce the terms and conditions of this Mediation Settlement Agreement. DATED: June 21, 2002. ~#/~ E OJ EH. TEDD Richard V. Nel Jr. Esq. Atty. for Plaintif .f:Q~ AGENDA REQUEST """" ITEM NO. ...L DATE: July 9. 2002 REGULAR [X ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITIED BY(DEPT): Administration PRESENTED BY: BOCC 5UBJECT: BI-Weekly Committee Reports PUBLIC HEARING [ ] CONSENT [ ] BACKGROUND: At the April 11. 2000 Board of County Commissioners Meeting it was decided by the Board to piace an item on the agenda. on a bi-weekly basis. to give the Board an opportunity to provide updates on the various Committees and Advisory Boards that they serve on. It has been decided by the County Administrator that this item will be placed on the agenda on the 2"" and 4th Tuesday of each month. FUNDS AVAILABLE: N/A PREVIOU5 ACTION: N/A RECOM MENDA TiON: This meeting the Board wiil provide updates on the following Committees and Advisory Boards that they serve on: Committee Chamber of Commerce Board of Dir. Council on Aging Indian River Lagoon NEP Workforce Development Board Land Acquisition Selection Committee Law Library Board of Trustees Treasure Coast Community Alliance Treasure Coast Council of Local Gov. Value Adjustment Board Tourist Development Council Lake Okeechobee Coalition Other Committees: Higher Education Committee Healthy Kids MeetinCl Date Monthiy Last Wednesday Quarterly as needed As needed Monthly As needed Monthly Monthly As needed l't Wednesday Quarterly COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [] DENIED ~. OTHER: Reports given Review and Approvals CüL:ILy AL Lurney: MaGage~llent & Budget~~____ Originat~ng Dept. Othec Fin3nce: (C~eck for Copy on:y, if applicable) Commissioner Coward Lewis Barne5 Hutchin50n Barne5 Bruhn Coward Hutchin50n Barne5/Bruhn/Lewis Coward Hutchin50n Bruhn Coward - - Purchasing: Other: Eff, 5/96 ...... ....." CONSENT ITEMS BOARD OF COUNTY COMMISSIONERS MEETING 07/05/02 F7.ABWARR FUND 001 001137 001139 001140 001143 001151 001249 001267 001809 101 101002 101006 101213 102 102001 102104 104001 105 107 107001 107002 , ,~ - 140 140001 145112 160 183 183001 183004 185002 316 330 382 401 418 421 441 448 449 451 458 461 471 478 479 4ql .. '--' ..."" ST. LUCIE COUNTY - BOARD WARRANT LIST #40- 29-JUN-2002 TO 05-JUL-2002 FUND SUMMARY TITLE EXPENSES 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 Urban Mobile Irrigation Lab Grant Section 8 Grant FY 99/ûO EMPA 01/02 Dept. of Community Affai SFWMD-Floridian Aquifer Well 01/04 Transportation Trust Fund Transportation Trust/80% Constitut Transportation Trust/Impact Fees FDOT 25th St. Widening Unincorporated Services Fund Draina.ge-~·laintenance MSTU FDOT Bicycle/Pedestrian Coordinator Recreatio~ Donations Fund Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar Sheraton ?laza Fund Paradise ?ark Fund Port & Airport Fund Port Fund NOAA/CIP 3ear Point Integration Plan Main~enance RAD Fund Ct Adminis~rator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court SHIP Housing Assistance FY 01/02 County Capital Lakewood ?ark Fund Environmental Land Capital Fund Sanitary Landfill Fund Golf Course Fund H.E.W. Utilities Fund North Hutchinson Island Utilities NHI Util-Renewal & Replacement Fund NHI Util - Capital Facilities Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist-Renewal & Replace No Cty Util Dist-Capital Facilities Building Code Fund Health Insurance Fund 124,997.64 960.00 20.90 575.14 619.17 88.32 15,466.15 274.80 90.95 23,743.62 1,191.75 2,726.64 53,230.71 3,704.67 3,805.95 98.51 602.01 155.71 2,878,581.21 62.74 62.75 448.73 716.00 10,647.68 116.62 1,606.10 229.73 343.83 200.38 326.80 111.27 18,744.04 2,130.00 4,500.00 6,595.62 23,418.49 11.11 58,412.10 69.50 63.35 6,495.90 56.51 4,300.27 145.95 27.02 27.65 3,153.39 53,996.78 PAGE 1 PAYROLL 449,721.19 0.00 273.24 7,368.68 943.55 1,188.80 0.00 3,810.13 1,188.80 107,021.99 0.00 0.00 0.00 45,865.25 ~3,488.80 1,287.72 0.00 2,202.00 83,854.53 829.15 829.16 0.00 0.00 10,652.32 0.00 0.00 2,440.00 4,496.72 1,115.38 2,874.61 1,430.40 0.00 0.00 0.00 39,520.42 20,336.35 153.21 3,019.99 940.05 854.39 1,771.68 763.63 10,774.02 2,035.83 365.25 374.37 24,704.96 2,766.66 ~ 07/05/02 F'7/UlWARR FUND 505001 611 673 .. ..-;.. ,..", '-" ST. LUCIE COUNTY - BOARD WARRANT LIST #40- 29-JUN-2002 TO 05-JUL-2002 FUND SUMMARY TITLE EXPENSES Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund S. Hutchinson Fund 128.36 14,311.32 1,167.60 GRAND TOTAL: 3,323,561.44 .. PAGE 2 PAYROLL 1,760.03 5,575.91 0.00 848,599.17 . t_ '-" ....., 07/05/02 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR VOID LIST# 40- 29-JUN-2002 TO 05-JUL-2002 };, __.D: 001 - General Fund CHECK INVOICE VENDOR TOTAL 00286268 I2222915 Team Auto Glass Ine 251.86 FUND TOTAL: 251.86 , ~- .. ~., '- --r AGENDA REOUEST ITEM ~O. C- 2 DATE: July 09, 2002 REGULAR [ 1 PUBLIC HEARING [ ] CONSE~T [Xl SUBMITTED BY: Community Services PRESE~TED BY: Beth Ryder, Director rØ- TO: BOARD OF COUNTY COMMISSIOr-."ERS SUBJECT: Approval of the application for the FY02/03 Trip/Equipment Grant with the Commission for the Transportation Disadvantaged for trips for our transportation disadvantaged citizens and Resolution 02- 140. BACKGROUND: Yearly the Commission for the Transportation Disadvantaged (CTD) allocates funds to each Community Transportation Coordinator (CTC) for non-sponsored trips for the transportation disadvantaged. The allocation for St. Lucie County for FY 02/03 is $285,354 and requires a local match of $31,706 which will be appropriated in FY02/03. This grant is used to purchase trips for the transportation disadvantaged whose transportation needs are not provided under another program. FUNDS AVAIL: F\ 02/03 001273-4910-534000-400 PREVIOUS ACTION: Annually, the Board appropriates the match, approves and accepts the Tr~pfEquipment Grant with the Commission for the Transportation Disadvantaged. RECOMMENDATION: Approval of the application and contract for the grant and acceptance of the grant, authorization for the Chairman to sign all documents necessary to execute the application and approval ofR lution No. 02-140. COMMISSION ACTION: [)\ APPROVED [] DENIED [ 1 OTHER: County Attorney: x Originating Dept. (jY Review and Approvals Management & Budget: v,") lrAC Purchasing: Other:_ ~ Finance: (Check for Copy only, if applicable X) Elf 5/96 \.,.... 'w/I1 EXHIBIT A COMMISSION FOR THE TRANSPORTATION DISADVANTAGED GRANT APPLICATION INFORMATION FORM CONCER~ING THE TRIPIEQUIPMENT GRANT PROGRAM l.DATE SUBMITTED 2.LEGAL NAME OF APPLICANT: St. Lucie County Board of Countv Commissioners 3.FEDERAL IDENTIFICA TIONNUMBER: 59-60000835 4,REMITTANCE ADDRESS: 2300 Virginia Avenue 5,CITY AND STATE: Fort Pierce. Florida ZIP CODE: 34982 6,CONTACT PERSON FOR THIS GRANT: Beth Ryder 7.PHONE NUMBEr!' 772-462-1777 FAX NUMBER: 772-462- I 703 8,(REQUIRED) E-MAIL ADDRESS:beth@co.st-lucie.fl.us 9.PROJECT LOCATION (County(ies)): St. Lucie 10.PROPOSED START DATE: 10/01/02 , ENDING DATE: 09/30/03 lla. ESTIMATED PROJECT FUNDING: lIb. PLANNING FUND ALLOCATION TRANSFERRED TO TRIP GRANT State $ 285.354.00 State $ N/A Local $ 31.706.00 TOTALS 317.060,00 lIe. VOLUNTARY DOLLARS REQUESTED State $ Localln-Kind TOTAL $ N/A Trip & Equipment Grant Application 200112002 Form Rev. 3/1/01 Grant Application Page 1 '--' '--' 12, I hereby certify that this document has been duly authorized by the governing body of the applicant, and the applicant intends to complete the project, and to comply with any attached assurances if the assistance is awarded. Domdas Coward, Chairman. St. Lucie County Board of County Commissioners TYPED NAME OF AUTHORIZED REPRESENT A TIVE AND TITLE SIGNATURE OF AUTHORIZED REPRESENT A TIVE DATE 13. NOT REQUIRED IF ONLY TRIPS ARE PURCHASED I hereby certify that this grant has been reviewed in its entirety by the County Coordinating Board, COORDINATINGnOARD CHAIRPERSON'S SIGNATURE DATE Trip & Equipment Grant Application 200112002 Form Re\'. 3/1/01 Grant Application Page 2 '-' '-' EXHIBIT B PROPOSED PROJECT FUNDING 1. Proiect Description and Cost A. B, c. NOlHiponsored trips $ 317.060.00 Capital equipment 1. 2, 3. $ $ $ Contingency $ Total Project Cost $ 317,060.00 II. Funding Participation A. Commission for the Transportation Disadvantaged State -.Funds (90 %) $ 285354.00 B. Cash Local Match ( %) $ 31.706.00 c. Voluntary Dollar Contributions ( %) $ D. Match for Voluntary Dollar (If in-kind, so state with monetary nlue) $ E. Total Project Cost $ 317.060.00 III, Estimated cash-flow ofFY 2002/2003 STATE grant funds only ($ divided bv 1000) Only complete this section if desired cash flow is different than one twelfth of state funds ver month. FY 02/03 FY 03/04 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Trip & Equipment Grant Application 2001/2002 Form Rev, 3/1101 Grant Application Page 3 '-' ...,¡ EXHIBIT C RESOLUTION NO. 02-140 A RESOLUTION DESIGNATING THE COMMUNITY SERVICES DIRECTOR AS THE DESIGNATED STAFF PERSON FOR THE COMMUNITY TRANSPORTATION COORDINATOR DUTIES FOR ST. LUCIE COUNTY AND AUTHORIZING THE FILING OF A TRANSPORTATION DISADVANTAGED TRUST FUND GRANT APPLICATION WITH THE FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED. WHEREAS, the Board of County Commissioners of S1. Lucie County, Florida, has made the following determinations: 1. This Board is authorized to submit a Transportation Disadvantaged Trust Fund Grant Application to the Florida Commission for the Transportation Disadvantaged for Fiscal Year 2002-03, 2, This Board is authorized to undertake a transportation disadvantaged service program pursuant to Section 427.0159, Florida Statutes, and Rule 4].2, Fldrida Administrative Code. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: 1. Thi.·. . , 1rd hereby authorizes the submission of a Transportation Disadvantaged Trust Fund Grant Application with the Florida Commission for the Transportation Disadvantaged for Fiscal Year 2002-03 in the total amount of Two Hundred Eighty- Five Thousand Three Hundred Fifty-Four and 00/100 dollars ($285,354,00) in Transportation Disadvantaged Trust Fund monies and Thirty-One Thousand Seven Hundred Six and 00/1 00 dollars ($31,706) local monies, a copy of which is attached hereto as Exhibit "A". 2. This Board authorizes the Chairman of the Board of County Commissioners to execute the application and any subsequent award agreement on behalf of the Board. Grant Application Page \w ...,¡ 3. This Board further designates the St. Lucie County Community Services Director as the staff position to execute any and all subsequent documents necessary including agreements, assurances, reimbursement invoices, warranties and other documents which may be required in connection with the Transportation Disadvantaged Commission, 4, This resolution shall become effective on adoption. After motion and second, the vote on this resolution was as follows: Chairman Doug Coward Vice Chairman CliffBames Commissioner John D. Bruhn Commissioner Frannie Hutchinson Commissioner Paula A. Lewis xxx XXX xxx XXX XXX PASSED AND DULY ADOPTED this 09th day of July, 2002. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney Grant Application Page 5 "-' .....; EXHIBIT D STANDARD ASSURANCES The recipient hereby·· ssures and certifies that: (1) The recipient will comply with the federal, state, and local statutes, regulations, executi\'e orders, and administrative requirements which relate to discrimination on the basis of race, coloL creed, religion, sex, age, and handicap with respect to employment, service provision, and procurement (2) Public and private for-profit, transit and paratransit operators have been or will be afforded a fair and timely opportunity by the local recipient to participate to the maximum extent feasible in the planning and provision of the proposed transportation planning services, (3) The recipient has the requisite fiscal, managerial, and legal capacity to carry õut the Transportation Disadvantaged Program and to receive and disburse State funds, (4) The recipient intends to accomplish all tasks as identified in this grant application (5) TransportaLoú Disadvantaged Trust Funds will Dot be used to supplant or replace existing federaL state, or local government funds. (6) Capital equipment purchased through this grant meets or exceeds the criteria set forth in the Florida Department of Transportation's Guidelines for Acquiring Vehiclys on file with the Commission on July 1,2001 or criteria set forth by any other federal, state, or local goœrnment agency (7) Capital equipment or consultant services purchased through this grant comply with the competitive procurement requirements of Chapter 287 and Chapter 427, Florida Statutes. (8) If capital equipment is purchased through this grant, the demand responsive service offered to individuals with disabilities, including individuals who use wheelchairs, is equivalent to the le\'el and quality of service offered to individuals \yithout disabilities. Such service, when \1ewed in its entirety, is provided in the most integrated setting feasible and is equivalent with respect to: (a) response time, (b) fares, ( c) geographic service area, (d) hours and days of service, (e) restrictions on trip purpose, (f) availability of information and reservation capability, and (g) contracts on capacity or service availability. Trip & Equipment Grant Application 200112002 Form Rev, 3/1/01 Grant Application Page 6 '-" ~ In accordance with 49 CFR Part 37, public entities operating demand responsive systems for the general public which receive financial assistance under Sections 5310 or 5311 of the Federal Transit Administration (FTA) have filed a certification with the appropriate state program office before procuring any inaccessible vehicle Such public entities not receiving FT A funds have also filed a certification \vith the appropriate program office, Such public entities receiving FTA funds under any other section of the FTA have filed a certification with the appropriate FTA regional office. This certification is valid for no longer than the contract period for which the grant application is filed. Date: Signature: Name: Title: Douglas Coward Chairman St. Lucie County Board of County Commissioners Trip & Equipment Grant Application 2001/2002 Form Rev. 3/1/01 Grant Application Page 7 '-' .....¡ 088846 750001 55 12 00 00 952 Fund: Function: Contract No.: TDTF 035 FMlJob No(s).: CSFA No. Vendor No,: SAMAS Approp: SAMAS Obj.: Org Code: 55001 FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED TRIP & EQUIPME.\'T GRANT AGREEMENT THIS AGREEMENT, made and entered into this day of 20_ by and between the STATE OF FLORIDA CUM.MISSION FOR THE TRANSPORTATION DlSADV ANT AGED , created pursuant to Chapter 427, Florida Statutes, hereinafter called the Commission and hereinafter called the Grantee. WIT N E SSE T H: WHEREAS, the Grantee has the authority to enter into this Agreement and to undertake the Project hereinafter described, and the Commission has been granted the authority to use Transportation Disadvantaged Trust Fund moneys to subsidize a portion of a transportation disadvantaged person's transportation costs which is not sponsored by an agency, and/or capital equipment purchased for the provision of non-sponsored transportation services and other responsibilities identified in Chapter 427, Florida Statutes or rules thereof; 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: Provide non-sponsored transportation trips and/or capital equipment to the non-sponsored transportation disadvantaged in accordance with the Transportation Disadvantaged Trust Fund in Chapter 427, Florida Statutes, Rule 41-2, Florida Administrative Code, Commission policies, the Application and Policy Manual for the Trip & Equipment Grant for non-sponsored trips and/or capital equipment as revised on March 1, 2002; and as further described in this Agreement and in Exhibit(s) A B. C attached hereto and by this reference made a part hereof, hereinafter called the Project; and, for the Commission to provide non-sponsored financial assistance to the Grantee and state the terms and conditions upon which such non-sponsored financial assistance will be provided and the understandings as to the manner in which the Project will be undertaken and completed. Funds available through this agreement may be used only for non-sponsored transportation services and shall be applied only after all other potential funding sources have been used and eliminated. Grant funds shall not be used to supplant or replace funding of transportation disadvantaged services which are currently funded to a recipient by any federal, state, or local governmental agency. 2.00 Accomplishment of the Project: 2.10 Genera) Requirements: The Grantee shall commence, and complete the Project as described in Exhibit "A" with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all federal, state and local applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, Trip & Equipment Grant Agreement 2002/2003 Form Rev, 03/01/02 Page I of 20 Pages '-' "'" permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Grantee 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 Grantee will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Grantee: The Grantee \\ill use its best efforts to enable the Grantee to provide the necessary funds or in-kind contributions necessary for the completion of the Project. 2.40 Submission of Proceedings, Contracts and Other Documents and Products: The Grantee shall submit to the Commission such data, reports, records, contracts, certifications and other fmancial or operational documents or products relating to the Project as the Commission may require as provided by law, rule or under this agreement including those listed in Exhibit "C". Failure by the Grantee to provide such documents, or provide other documents or products required by previous agreements between the Commission and the Grantee, may, at the Commission's discretion, result in refusal to reimburse project funds or other permissible sanctions against the Grantee, including termination, 2.50 Incorporation by Reference: The Grantee and Commission agree that by entering into this Agreement, the parties explicitly incorporate by reference inID this Agreement the applicable law and provisions of Chapters 341 and 427, Florida Statutes, Rules 14-90 and 41-2, Florida Administrative Code, the approved Trip and Equipment grant application submitted by the Grantee, and the Application and Policy Manual for the Trip & Equipment Grant, as revised on March 1, 2002. 2.60 Annual Monitoring and Evaluation: The law provides that each local coordinating board annually evaluate the performance of the Grantee using eyaluation criteria approved by the Commission. A copy of the evaluation report will be given to the designated official planning agency and the Commission. The Grantee must fully cooperate with the local coordinating board in the performance of its duties, The Grantee shall submit to the local coordinating board such data., reports, records, contracts, certifications and other financial or operational documents or products relating to the Project as provided by law, rule or under this agreement. Failure by the Grantee to cooperate with, or to provide such documents or other products to the local coordinating board may, at the Commission's discretion, result in permissible sanctions against the Grantee, including termination. 3.00 Total Project Cost: The total estimated cost of the Project is $ . This amount is based upon the estimate summarized in Exhibit "B" and by this reference made a part hereof The Grantee agrees to bear all expenses in excess of the total estimated cost of the Proj ect and any deficits involved, including any deficits revealed by an audit performed in accordance with Article 11.00 hereof after completion of the project. 4.00 Commission Participation: The Commission agrees to maximum participation, including contingencies, in the Project in the amount of$ as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total actual project cost shown in Exhibit "B", whicheyer is less, 4.10 Eligible Costs: Trip and Equipment Grant Funds, derived exclusively from the Transportation Disadvantaged Trust Fund, may only be used by the Commission and the Grantee to subsidize a portion of a transportation disadvantaged person's transportation costs which is not sponsored by any other agency, and then only if a match, as specified in the Application and Policy Manual for the Trip and Equipment Grant, is provided by the Grantee. Trip and Equipment Grant Funds may also be used to purchase capital equipment Trip & Equipment Grant Agreement 200212003 Fonn Rev, 03/01/02 Page 2 01'20 Pages \...-. ..",.¡ used for the provision of non-sponsored transportation services, 4.20 Eligible Project Expenditures: Project costs eligible for State participation will be allowed only from the date of this Agreement. It is understood that State participation in eligible project costs is subject to: a) The understanding that disbursement of funds will be made in accordance with the Commission's cash forecast; b) Availability of funds as stated in Article 17.00 of this Agreement; c) Commission approval ofthe project scope and budget (Exhibits.-\ & B) at the time appropriation authority becomes available; d) Submission of all certifications, invoices, detailed supporting documentation, or other obligating documents and all other terms of this agreement. If the Grantee wishes to purchase vehicles or other equipment with Transportation Disadvantaged Trust Funds after the date this Agreement becomes effective, the Grantee must first obtain written approval of such acquisition from the Commission and then execute an amended Exhibit ".-\". 4.30 Project Funds: In addition to other restrictions set out in this Trip and Equipment Grant agreement, the Grantee must also adhere to the following limitations on the use of Transportation Disadvantaged Trust Funds: 4.31 Transfer of Funds: A Grantee in a non-multi-county designated service area, may not borrow, loan or otherwise transfer Transportation Disadvantaged Trust Funds from one designated service area to another without the express written approval of the Commission. 4.32 Use of Vehicles: The Grantee may only purchase vehicles ,...ith Transportation Disadvantaged Trust Funds which the Grantee actually uses to transport eligible transportation disadvantaged passengers in the coordinated system. 4.40 Front End Funding: Front end funding is not applicable. 5.00 Retainage: Retainage is not applicable, 6.00 Project Budget and Disbursement Schedule: 6.10 The Project Budget: The Grantee shall maintain the Commission approved Project Budget, as set forth in Exhibit "B", 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. The budget may be revised periodically, but no budget revision shall be effective unless it complies ~ith fund participation requirements established in Article 4.00 of this Agreement and is approved in writing by the Commission, Any budget revision that changes the fund participation requirements established in Article 4.00 of this agreement shall not be effective unless approved in writing by the Commission and the Florida Department of Transportation Comptroller. 6.20 Schedule of Disbursements: The Grantee shall abide by the Commission approved disbursements schedule, contained in Exhibit "B". This schedule shall show estimated disbursement of Commission funds for the entire term of the Project by month or quarter of the fiscal year in accordance with Commission fiscal Trip & Equipment Grant Agreement 2002/2003 Form Rev. 03/01102 Page 3 of20 Pages \w .....,¡ policy. The schedule may be divided by Project phase where such division is determined to be appropriate by the Commission. Any significant deviation from the approved schedule in Exhibit liB" requires advance submission of a supplemental schedule by the agency and advance approval by the Commission. Reimbursement for the Commission's share of the project shall not be made for an amount greater than the cumulative total up to any given month as indicated in the disbursement schedule in Exhibit "B". 7.00 Accounting Records, Audits and Insurance: 7 .10 Establishment and Maintenance of Accounting Records: The Grantee shall establish for the Project, in conformity with the latest current uniform requirements established by the Commission to facilitate the administration of the non-sponsored financing program, either separate accounts to be maintained within its existing accounting system, or establish independent accounts, Such non-sponsored financing accounts are referred to herein collectively as the "Project Account". The Project Account, and detailed documentation supporting the Project Account, must be made available upon request, without cost, to the Commission any time during the period ofthe Agreement and for five years after fmal payment is made or if any audit has been initiated and audit findings have not been resolved at the end of five years, the records shall be retained until resolution of the audit findings. Should the Grantee provide "sponsored" transportation to other purchasing agencies within the coordinated system during the time period of this Agreement, the Grantee shall maintain detailed documentation supporting the "sponsored" transportation to the other purchasing agencies, and must make this documentation available upon request, without cost, to the Commission any time during the period of the Agreement and for five years after final payment is made or if any audit has been initiated and audit findings have not been resolved at the end of five years, the records shall be retained until resolution of the audit findings. 7.20 Funds Received Or Made Available for The Project: The Grantee 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 non-sponsored transportation payments received by it from the Commission pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the Project, which Commission payments and other funds are herein collectively referred to as "Project Funds". The Grantee 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 Commission, by the deposit or setting aside of collateral of the types and in the manner as prescribed by Stat.e law for the security of public funds, or as approved by the Commission. 7.30 Costs Incurred for the Project: The Grantee shall charge to the Project Account only eligible costs of the Project. Costs in excess of the latest approved budget, costs which are not within the statutory criteria for the Transportation Disadvantaged Trust Fund, or attributable to actions which have not met the other requirements of this Agreement, shall not be considered eligible costs. 7.40 Documentation of Project Costs and Claims for Reimbursement: All costs charged to the Project, including any approved services contributed by the Grantee or others, shall be supported by properly executed payrolls, time records, invoices, contracts, driver's manifests, vouchers, vehicle titles, and other detailed supporting documentation evidencing in proper detail the nature and propriety of the charges. Records must Trip & Equipment Grant Agreement 2002/2003 Form Rev. 03/01102 Page 4 of20 Pages \.r ..I be kept to show how the value placed on third party transactions was derived. The Grantee shall provide sufficient detailed documentation for each cost or claim for reimbursement to allow an audit trail to ensure that the services rendered or costs incurred were those which were promised. The documentation must be sufficiently detailed to comply with the laws and policies of the Department of Banking and Finance. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Grantee 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 Grantee 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, within the Grantee's existing accounting system, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: In the event that the Grant recipient expends a total of $300,000 or more in State awards in its fiscal year, the Grant recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes, Rule Sections 10.550, 10,650, Florida Administrative Code, and the applicable rules of the Executive Office of the-Governor and the State Comptroller, and rules of the Auditor General. State Awards will be identified using the Catalog of State Financial Assistance (CSF A) title and number, award number and year, the name of the awarding State Agency, If the grant recipient expends less than $300,000, this audit is not required and if the grant recipient 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 Grant recipient agrees to allow the Commission, the Department of Transportation, 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 Grant Recipient 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 Commission and the Office of the Auditor General. The Grantee shall permit, and shall require its contractors to permit, the Commission's authorized representatives to inspect all work, materials, payrolls, records, drivers' manifests, capital equipment; and to audit the books, records and accounts pertaining to the financing and development of the project at all reasonable times including upon completion of the project, and without notice. Grant recipients shall make all records available to the CTD, upon request, for a period offive (5) years after final project invoice, Should the Grantee provide "sponsored" transportation to other purchasing agencies within the coordinated system during the time period of this Agreement, the Grantee shall maintain detailed documentation supporting the "sponsored" transportation to the other purchasing agencies, and must make this documentation available upon request, without cost, to the Commission any time during the period of the Agreement and for five years after final payment is made or if any audit has been initiated and audit findings have not been resolved at the end of five years, the records shall be retained until resolution of the audit findings, If an audit discloses any significant audit findings relating to any award, including material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the Grant Recipient shall submit as part of the audit package to the Commission a plan for corrective action to eliminate Trip & Equipment Grant Agreement 2002/2003 Form Rev. 03/01/02 Page 5 of20 Pages \w ....I such audit findings or a statement describing the reasons that corrective action is not necessary. The Grant Recipient shall take timely and appropriate correcti\'e action to any audit findings, recommendations, and corrective action plans, Monitoring: In addition to re\iews of audits conducted in accordance with OÌ\1B A-133 monitoring procedures may include, but not be limited to, on-site visits by Commission staff, limited scope audits as defined by orvrn A-B3, and/or other procedures, By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Commission. In the event the Commission determines that a limited scope or project-specific audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Commission to the recipient regarding such audit. The recipient further agrees to comply an cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Grantee shall also require auditors to determine compliance with Article 12.00 and Paragraph 8.26, and Exhibit "A", "Special Considerations by Grantee". 7.70 Insurance: The Grantee shall carry insurance on Project vehicles and equipment, and guarantee liability for minimum coverage as follows 7.71 Liability: Liability co\'erage in an amount of $100,000 for any one-(l) person, $200,000 per occurrence ':It all times in which Project vehicles or equipment are engaged in approved project activities, The Grantee shall insure that contracting Transportation Operators also maintain the same minimum liability insurance, or an equal governmental insurance program. 7.72 Collision: Collision, fire, theft, and comprehensive coverage in any amount required to pay for any damages to the Project \'ehicle(s) and equipment including restoring to its then market value or replacement. 7.73 Property Insurance: The Grantee shall carry fire, theft, and comprehensive coverage property insurance, with replacement cost value, on equipment, other than vehicles, purchased with Transportation Disadvantaged Trust Funds, 7.74 Other Insurance: The above required insurance will be primary to any other insurance coverage that may be applicable. 8.00 Requisitions and Payments: 8.10 Preliminary Action by the Grantee: In order to obtain any Transportation Disadvantaged Trust Funds, the Grantee shall: 8.11 File with the Commission for the Transportation Disadvantaged, 605 Suwannee Street, Mail Station 49, Tallahassee, Florida, 32399-0450, its requisition or invoice on a form or forms prescribed by the Commission, and such other detailed supporting documentation pertaining to the Project Account and the Project (as listed in Exhibit "C" hereof) as the Commission may require, to justifY and support the payment requisitions, invoices, and vouchers, including, at a minimum: (1) The date the Grantee incurred project costs and equipment, vehicles or other property or services associated with the Project; (2) A statement by the Grantee certifying that the Grantee has acquired the property or services; Trip & Equipment Grant Agreement 2002/2003 Form Rev. 03/01/02 Page 6 of20 Pages '- ....J (3) The actual consideration paid for the property or services; (4) A statement that the submitted detail is sufficient for a proper pre-audit or post-audit; and, (5) An attestation, on the form or forms prescribed by the Commission, from the head of the Grantee, under the penalties of perjury, that the Grantee has complied with the provisions of the Grant Agreement. The designated signatory of the Grantee must sign the following attestation which appears on all Commission form invoices and requisitions: "I certifY, under penalty of perjury, that the aforesaid listing is true and correct, and the Agency has complied with the provisions of the Agreement." 8.12 Comply with all applicable provisions of this Agreement. 8.20 The Commission's Obligations: Subject to other provisions hereof, the Commission will honor such requisitions in amounts and at times deemed by the Commission to be proper and in accordance with this Agreement to ensure the completion of the Project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Commission may give written notice to the Grantee that it will refuse to make a payment to the Grantee on the Project Account if: 8.21 Misrepresentation: The Grantee has made misrepresentations of a material nature in its application, or any supplement thereto or amendment thereof, with respect to any document or record of data or certification furnished therewith or pursuant hereto; 8.22 Litigation: There is pending litigation with respect to the performance by the Grantee of any of its duties or obligations which may jeopardize or adversely affect the Project, the Agreement, or payments to the Project; 8.23 Required Submittals/Certifications: The Grantee has failed or refused to provide to the Commission detailed documentation of requisitions or certifications of actions taken; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions, prohibited interests, or lobbying restrictions, contained herein; 8.25 Default: The Grantee has been determined by the Commission to be in default under any of the provisions of this or any other Agreement which the Grantee has with the Commission; or 8.26 Supplanting of Funds: The Grantee has used Transportation Disadvantaged Trust Funds to replace or supplant available and appropriate funds for the same purposes, in violation of Chapter 427, Florida Statutes. 8.30 Disallowed Costs: In determining the amount of the Grantee's payment, the Commission will exclude all costs incurred by the Grantee prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the Project, costs which are not within the statutory criteria for the Transportation Disadvantaged Trust Fund, and costs attributable to goods, equipment, vehicles or services received under a contract or other arrangements which have not been approved in writing by the Commission or certified by the Grantee, pursuant to Exhibit "C", Trip & Equipment Grant Agreement 2002/2003 Form Rev. 03/01102 Page 7 of20 Pages '- ...J 8.40 Invoices for Goods or Services: Invoices for goods or services or expenses provided or incurred pursuant to this Agreement shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. Failure to submit to the Commission detailed supporting documentation with the invoice or request for project funds will be cause for the Commission to refuse to pay the amount claimed by the Grantee until the Commission is satisfied that the criteria set out in Chapters 287 and 427, Florida Statutes, Rules 3A-24, 41-2 and 60A-l, Florida Administrative Code, and the Application and Policy Manual for the Trip & Equipment Grant is met. 8.50 Commission Claims: If, after project completion, any claim is made by the Commission resulting from an audit or for work or services performed pursuant to this agreement, the Commission may offset such amount from payments due for work or services done under any grant agreement which it has with the Grantee owing such amount if, upon demand, payment of the amount is not made within (60) days to the Commission. Offsetting any amount pursuant to this section shall not be considered a breach of contract by the Commission. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Grantee abandons or, Before completion, finally discontinues the Project; or if, by reason of any of the events or conditions set forth in Section 8.20, orfor any other reason, the commencement, prosecution, or timely completion ofthe Project by the Grantee is rendered improbable, infeasible, impossible, or illegal, the Commission may, by written notice to the Grantee, 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 Commission may terminate any or all of its obligations under this Agreement. 9.20 Action Subsequent to Notice of Termination or Suspension: Upon receipt of any final termination or suspension notice under this Paragraph, the Grantee shall proceed promptly to carry out the actions required therein which may include any or all of the follo'Wing: (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 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 Commission such portion of the financing and any advance payment previously received as is determined by the Commission 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 Commission or upon the basis of terms and conditions imposed by the Commission upon the failure of the Grantee to furnish the schedule, plan, and budget within a reasonable time The acceptance of a remittance by the Grantee shall not constitute a waiver of any claim which the Commission may otherwise have arising out ofthis Agreement. 9.30 Public Access to Records: The Commission reserves the right to unilaterally cancel this agreement for refusal by the Grantee or its contractors to allow public access to all documents, papers, letters, records or other materials 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 and after financial audit of the Project, and after payment, provision for payment, or reimbursement of all Project costs payable from the Trip & Equipment Grant Agreement 2002/2003 Form Re\". 0301102 Page 8 of 20 Pages '- .J Project Account is made, the Grantee shall remit to the Commission its share of any unexpended balance in the Project Account. 11.00 Audit and Inspection: The Grantee shall permit, and shall require its contractors to permit, the Commission'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 at all reasonable times including upon completion of the Project, and without notice, 12.00 Contracts of the Grantee: 12.10 Third Party Agreements: The Grantee shall not execute any contract or obligate itself in any manner requiring the disbursement of Transportation Disadvantaged Trust Fund moneys, including transportation operator and consultant contracts or amendments thereto, with any third party with respect to the Project without being able to provide a written certification by the Grantee that the contract or obligation was executed in accordance with the competitive procurement requirements of Chapter 287, Florida Statutes, Chapter 427, Florida Statutes, and the rules promulgated by the Department of Management Services. Failure to provide such certification, upon the Commission's request, shall be sufficient cause for nonpayment by the Commission as provided in Paragraph 8,23. The Grantee agrees, that by enterilìg into this Agreement, it explicitly certifies that all of its third party contacts will be executed in compliance with this section. 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Commission in a project with a Grantee, where the project involves a consultant contract for any service, is contingent on the Grantee complying in full with provisions of Section 287.055, Florida Statutes, Consultants Competitive :t\'egotiation Act. The Grantee shall certify compliance with this law to the Commission for each consultant contract it enters. 12.30 Competitive Procurement: Procurement of all services, vehicles, equipment or other commodities shall comply with the provisions of Section 287.057, Florida Statutes. Uporrthe Commission's request, the Grantee shall certifY compliance with this law. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of this Agreement, the Grantee shall not discriminate against any employee or applicant for employment because of race, age, disability, creed, color, sex or national origin. The Grantee will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, disability, 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 Grantee shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development of 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. The Grantee shall post, in conspicuous places available to employees and applicants for employment for Project work, notices setting forth the provisions of the nondiscrimination clause. Trip & Equipment Grant Agreement 200212003 Form Rev. 03/01/02 Page 9 0[20 Pages \.. ..J 13.20 Title VI - Civil Rights Act of 1964: The Grantee must 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, the Regulations of the Federal Department of Justice and the assurance by the Grantee pursuant thereto, 13.30 Prohibited Interests: 13.31 Contracts or Purchases: Unless authorized in writing by the Commission, no officer of the Grantee, or employee acting in his or her official capacity as a purchasing agent, shall either directly or indirectly purchase, rent, or lease any realty, goods, or services for the Grantee from any business entity of which the officer or employee or the officer's or employee's business associate or spouse or child is an officer, partner, director, or proprietor or in which such officer or employee or the officer's or employee's spouse or child, or any combination of them, has a material interest. 13.32 Business Conflicts: Unless authorized in writing by the Commission, it is unlawful for an officer or employee of the Grantee, or for any company, corporation, or firm in which an officer or employee of the Grantee has a financial interest, to bid on, enter into, or be personally interested in the purchase or the furnishing of any materials, services or supplies to be used in the work é)f this agreement or in the performance of any other work for which the Grantee is responsible, 13.33 Solicitations: No officer or employee of the Grantee shall directly or indirectly solicit or accept funds from any person who has, maintains, or seeks business relations with the Grantee. 13.34 Former Employees - Contractual Services: Unless authorized in writing by the Commission, no employee of the Grantee shall, within 1 year after retirement or termination, have or hold any employment or contractual relationship with any business entity in cOIll1ection with any contract for contractual services which was within his or her responsibility while an employee, 13.35 Foru~r Employees - Consulting Services: The sum of money paid to a former employee of the Grantee during the first year after the cessation of his or her responsibilities, by the Grantee, for contractual services provided to the Grantee, shall not exceed the annual salary received on the date of cessation of his or her responsibilities. The provisions of this section may be waived by the Grantee for a particular contract if the Grantee determines, and the Commission approves, that such waiver will result in significant time or cost savings for the Grantee and the project. The Grantee shall insert in all contracts entered into in connection with this Agreement and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer, or employee of the Grantee during his tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. 01 The provisions of this section shall not be applicable to any agreement between the Grantee and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Government-al agency. 13.40 NOll-discrimination of Persons With Disabilities: The Grantee and any of its contractors or their Trip t:. Equipment Grant Agreement 200212003 Fe"" Rev, 03/01/02 Page 10 of 20 Pages \w ...., sub-contractors shall not discriminate against anyone on the basis of a handicap or disability (physical, mental or emotional impairment), The Grantee agrees that no funds shall be used to rent, lease or barter any real property that is not accessible to persons with disabilities nor shall any meeting be held in any facility unless the facility is accessible to persons with disabilities. The Grantee shall also assure compliance with The Americans with Disabilities Act, as amended, as it may be amended from time to time, 13.50 Lobbying Prohibition: No Grantee may use any funds received pursuant to this Agreement for the purpose of lobbying the Legislature, the judicial branch, or a state agency. No Grantee may employ any person or organization with funds received pursuant to this Agreement for the purpose of lobbying the Legislature, the judicial branch, or a state agency. The Opurpose oflobbyingO includes, but is not limited to, salaries, travel expenses and per diem, the cost for publication and distribution of each publication used in lobbying; other printing; media; advertising, including production costs; postage; entertainment; and telephone and telegraph; and association dues, The provisions of this paragraph supplement the provisions of section 11.062, Florida Statutes, which is incorporated by reference into this Agreement. 13.60 Public Entity Crimes: No Grantee shall accept any bid from, award any contract to, or transact any business with any person or affiliate on the convicted vendor list for a period of36 months from the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to section 287.133, Florida Statutes. The Grantee may not allow such a person or affiliate to perform work as a contractor, supplier, subcontractor, or consultant under a contract with the Grantee. Ifthe Grantee was transacting business with a person at the time of the commission of a public entity crime which resulted in that person being placed on the convicted vendor list, the Grantee may also not accept any bid from, award any contract to, or transact any business with any other person who is under the same, or substantially the same, control as the person whose name appears on the convicted vendor list so long as that person's name appears on the convicted vendor list. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: All Proposals, Plans, and Specifications for the acquisition, reconstruction, or improvement of vehicles or equipment, shall show that such vehicles or equipment are equipped to prevent and control environmental pollution, 14.20 Commission Not Obligated to Third Parties: The Commission shall not be obligated or liable hereunder to any party other than the Grantee. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Commission of any payment to the Grantee constitute or be construed as a waiver by the Commission of any breach of covenant or any default which may then exist, on the part of the Grantee, and the making of such payment by the Commission while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Commission for such breach or default. 14.40 How Contract Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the provision shall be severable and 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 and Commissions: By execution of the Agreement the Grantee represents that it has not paid Trip & Equipment Grant Agreement 2002/2003 Form Rev. 03/01/02 Page II of20 Pages '- ...J 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 Grantee to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State or federal law. Provided, that if any of the provisions of the Agreement violate any applicable State or federal law, the Grantee will at once notifY the Commission in writing in order that appropriate changes and modifications may be made by the Commission and the Grantee to the end that the Grantee may proceed as soon as possible with the Project. 14.70 Purchased Vehicles or Equipment: 14.71 Maintenance of Purchased Vehicles or Equipment: The Grantee agrees to maintain the vehicles and equipment. purchased or financed in whole or in part with Transportation Disadvantaged Trust Funds pursuant to this Agreement. in good working order for the useful life of the vehicles and equipment. The Grantee agrees not to make alterations or modifications to the equipment or vehicles without the consent of the Commission. Any lease or assignment of operational responsibility of project vehicles and equipment to third-persons is not allowed unless approved in writing by the Commission. 14.72 Utilization: The Grantee agrees to assure that all Project equipment and vehicles purchased with Transportation Disadvantaged Trust Funds are used to meet the identified transportation needs of the non-sponsored and in support of the service plan established under the provisions of Rule 41-2, Florida Administrative Code, to serve the transportation needs of the transportation disadvantaged of the area. Purchased Project equipment and vehicles shall be operated to their maximum possible efficiency. Purchased vehicles and equipment will be used for the period of their useful lives in accordance with the most current Commission policies, The Commission may, after consultation with the Grantee, transfer purchased equipment and '/ehicles that it deems to'be underutilized or that is not being operated for its intended purpose. This underutilized equipment and vehicles will be returned to the Commission at a specified location at a mutually agreeable time, Reimbursement of any equity or interest of the Grantee will be made after another party has assumed the obligations under the terms and conditions of this Agreement or disposal of said items by sale has occurred. The Commission shall make the sole determination of the Grantee's interest and reimbursement. As determined by the Commission, failure to satisfactorily utilize vehicles and equipment that are purchased with Project funds shall be sufficient cause for non-payment by the Commission as provided in Paragraph 8,25. 14.73 Disposal of Purchased Project Equipment: Useful life of capital equipment is defined in the Commission's Capital Equipment Procedure as incorporated herein by reference. The following applicable process must be used prior to disposition of any capital equipment purchased with these grant funds: a) While the Grantee is still under contract with the Commission and the capital equipment still has useful life, the Grantee must request written approval from the Commission prior to disposing of any equipment purchased or financed in whole or in part pursuant to this Agreement, including vehicles, during its useful life, for any purpose. Proceeds from the sale of purchased project equipment and vehicles shall be documented in the project fiIe(s) by the Grantee. With the Trip & Equipment Grant Agreement 2002/2003 Fonn Rev. 03/01/02 Page 12 of20 Pages '- ...", approval ofthe Commission, these proceeds may be re-invested for any purpose which expands transportation disadvantaged services for the non-sponsored. lfthe Grantee does not elect to re- invest for purposes which expand transportation disadvantaged services, the gross proceeds from sale shall be refunded to the Commission in the same participation percentage ratios as were used to fund the original purchase. b) The purchase of all vehicles and equipment financed in whole or in part pursuant to this Agreement shall be undertaken by the Grantee on behalf of the Florida Commission for the Transportation Disadvantaged in accordance with State regulations and statutes, Title to any vehicle purchased with Project funds shall be in the name of the Grantee, subject to lien in favor of the Commission. The Commission will relinquish all interest in the vehicles and equipment when it has reached the end of its useful life and at this time the Commission will satisfy its lien of record. c) When a Grantee is no longer an eligible recipient of trip and equipment grant funds and no longer a Commission approved Community Transportation Coordinator, the capital equipment with useful life purchased with these grant funds must be transferred to an eligible recipient in accoròance with the ComllÚssionOs Capital Equipment Procedure or Fhe Commission, 14.80 Accidents: Any accident involving leased or purchased vehicles, or vehicles under contract between the community transportation coordinator and a transportation operator or coordination contractor paid in whole or in part with trust fund money, must be reported to the Commission. Accidents involving a fatality or fatalities must be reported to the Commission not more than 24 hours after the community transportation coordinator becomes aware of the fatal accident. Any other accident, those not involving a fatality or fatalities, with over $1,000 in property damages, must be reported to the Commission not more than 72 hours after the community transportation coordinator becomes aware of the accident. Copies of any accident reports prepared or received by the community transportation coordinator as a result of any accident must be sent to the Commission upon receipt or preparation of the report. 15.00 Plans and Specifications: In the event that this agreement involves the purchasing of capital equipment or major components thereof, upon the Commission's request the Grantee shall submit to the Commission, certification that all such equipment meets or exceeds the requirements as identified in Exhibit "A". Failure to abide by this requirement shall be sufficient cause for nonpayment by the Commission as provided in Paragraph 8.23, 16.00 Contractual Indemnity: To the extent permitted by law, the Grantee shall indemnify, defend, save, and hold harmless the Commission and all their officers, agents or employees from all suits, actions, claims, demands, and liability of any nature whatsoever arising out of, because of, or due to breach of the agreement by the Grantee or its subcontractors, agents or employees or due to any negligent act, or occurrence of omission or commission of the Grantee, its subcontractors, agents or employees. Neither the Grantee nor any of its agents will be liable under this article for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the Commission or any of their officers, agents or employees. The parties agree that this clause shall not waive the benefits or provisions of Section 768,28, Florida Statutes or any similar provision of law, N"otwithstanding the foregoing, pursuant to Section 768,28, Florida Statutes, no agency or subdivision of the state shall be required to indemnify, insure, or assume any liability for the Commission's negligence. 17.00 Appropriation of Funds: Trip & Equipment Grant Agreement 2002/2003 Form Rev. 03/0 I /02 Page J3 0[20 Pages '- ~ 17.10 The State of Florida's perfonnance and obligation to pay under this agreement is contingent upon an annual appropriation by the Legislature 17 .20 Multi-Year Commitment: Whereas the Commission is created in the Florida Department of Transportation (Department) and assigned to the Secretary of the Florida Department of Transportation for administrative and fiscal accountability purposes; 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 Section 339,13 5(7)(a) and Section 287,058, Florida Statutes, are hereby incorporated: The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection shall be 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 offunds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess oftwemy-five thousand dollars and having a term for a period of more than one year. In the event that this Agreement is for more than one year, this Agreement may be renewed on a yearly basis for a Pèriod of up to 2 years after the initial Agreement or for a period no longer than the term of the original Agreement, whichever period is longer, on the condition that reneì.yals shall be contingent upon satisfactory performance evaluations by the Grantee and is subject to the availability offunds. The Commission's performance and obligation to pay under any multi-year Agreement is explicitly contingent upon an annual appropriation by the Legislature. 18.00 Expiration of Agreement: The Grantee agrees to complete the Project on or before If the Grantee does not complete the Project within this time period, this agreement will expire unless an extension of the time period is granted to the Grantee in writing by the Chairperson ofthe Commission for the Transportation Disadvantaged or designee. Expiration of this agreement will be considered termination of the Project and the procedure established in Article 9.00 of this agreement shall be initiated. For the purpose of this Article, completion of project is defined as the latest date by \vhich services may have been provided or equipment funds may have been expended or obligated under a purchase order, as provided in the project description (Exhibit "A"), Unless otherwise extended by the Commission, all reimbursement invoices must be received by the Commission no later than 90 days after the expiration date of this agreement. 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 ex1end 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 mlrumum 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 Trip & Equipment Grant Agreement 2002/2003 Form Rev. 03/01/02 Page 14 of 20 Pages '-" ..,J 21.00 Vendors and Subcontractors Rights: 21.10 Vendors (in this document identified as the Grantee) providing goods and services to the Commission will receive payments in accordance with section 215.422, Florida Statutes, The parties hereto acknowledge Section 215.422, Florida Statutes, and hereby agree that the time in which the Commission is required to approve and inspect goods and services shall be changed from a period not to exceed five (5) working days to a period not to exceed eleven (11) working days upon receipt of a proper invoice. The Florida Department of Transportation has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance after receiving an approved invoice from the Commission. 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 per day (as defined by Rule) will be due and payable, in addition to the invoice amount to the Grantee. 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 wiII not be enforced unless the Grantee requests payment. Invoices which have to be returned to a Grantee because of vendor preparation errors wiII result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Commission, A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for vendors \vho may be experiencing problems in obtaining timely payment(s) from the Commission. The Vendor Ombudsman may be contacted at (850) 410-9724. 21.20 Payment to Subcontractors: Payment by the Grantee to all subcontractors 'with approved third party contracts shall be in compliance with Section 287.0585, Florida Statutes. Each third party contract from the Grantee to a subcontractors for goods or services to be perrormed in whole or in part with Transportation Disadvantaged Trust Fund moneys, must contain the following statement: When a contracor receives from a state agency any payment for contractual services, commodities, supplies, or construction contracts, except those construction contracts subject to the provisions of chapter 339, the contractor shall pay such moneys received to each subcontractor and supplier in proportion to the percentage of work completed by each subcontractor and supplier at the time of receipt of the payment. If the contractor receives less than full payment, then the contractor shall be required to disburse only the funds received on a pro rata basis with the contractor, subcontractors, and suppliers, each receiving a prorated portion based on the amount due on the payment, If the contractor without reasonable cause fails to make payments required by this section to subcontractors and suppliers within 7 working days after the receipt by the contractor of full or partial payment, the contractor shall pay to the subcontractors and suppliers a penalty in the amount of one-half of 1 percent ofthe amount due, per day, from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed 15 percent of the outstanding balance due. In addition to other fines or penalties, a person found not in compliance with any provision ofthis subsection may be ordered by the court to make restitution for attorney's fees and all related costs to the aggrieved party or the Department of Legal Affairs when it provides legal assistance pursuant to this section. The Department of Legal Affairs may provide legal assistance to subcontractors or vendors in proceedings brought against contractors under the T ri~ & Equipment Grant Agreement 2002/2003 For:::: Rev. 03/01/02 Page 15 01'20 Pages \. ..", provisions of this section, 22.00 Modification: This Agreement may not be changed or modified unless authorized in writing by the Commission. Trip & Equipment Grant Agreement 200212003 Form Rev, 03/01102 Page 16 of20 Pages \.., .., FM/JOB NO(S) CONTRACT NO. AGREEMENT DATE IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written, St. Lucie County Board of GRANTEE: County Commissioners COMMISSION FOR THE TRANSPORTATION DISADVANTAGED BY: BY: TITLE: Chairman TITLE: Executive Director (Commission Deshmee) ATTEST: ATTEST; (SEAL) (SEAL) NOTARY or TITLE NOTARY or TITLE DATE FUNDING APPROVED BY COMPTROLLER (SEE ATTACHED ENCUMBRANCE FORM DEPARTMENT OF TRANSPORTATION) Trip & Equipment Grant Agreement 2002/2003 Form Rev. 03/01102 Page 17 of 20 Pages '-' "'" FM/JOB NO(S). CONTRACT NO, AGREEMENT DATE EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES TRIPIEQUIPMENT This exhibit forms an integral part of that Grant Agreement, between the State of Florida, Commission for the Transportation Disadyantaged and S1. Lucie County Board of County Commissioners. 2300 Vircinia Ayenue. Fort Pierce. FL 34982 . PROJECT LOCATION: PROJECT DESCRIPTION: To purchase passenger trips and/or capital equipment so that transportation can be provided to the non-sponsored transportation disadvantaged in accordance with Chapter 427, Florida Statutes, Rule 41-2, Florida Administrative Code, the most current COllll1Ùssion policies and the Application and Policy Manual for the Trip & Equipment Grant for non- sponsored trips and/or capital equipment as revised on March 1,2002. Services shall be provided and equipment, including vehicles, will be utilized through a coordinated transportation system which has a Memorandum of Agreement in effect, as set forth in Chapter 427, Florida Statutes and Rule 41-2, Florida Administrative Code, Trips shall be purchased at the rates indicated in the approved service plan pursuant to Rule 41-2, Florida Administratiye Code. Capital equipment will consist of: SPECL.I,.L CONSIDERATIONS BY GRANTEE: 1, All project equipm<lnl'or vehicles shall meet or exceed the applicable criteria set forth in the Florida Department of Transportation's Guidelines for Acquiring Vehicles on file with the Commission on July 1, 2000 or criteria set forth by any other federal, state, or local government agency. SPECLA..L CONSIDERATIONS BY COMMISSION: Trip & Equipment Grant Agreement 2002/2003 Form Rey, 03 01/02 Page 18 0[20 Pages '-' ...", FM/JOB NO(S). CONTRACT NO. AGREEMENT DATE EXHIBIT "B" PROJECT BUDGET AND CASH FLOW This exhibit forms an integral part of that certain Grant Agreement between the Florida Conunission for the Transportation Disadvantaged and St. Lucie Count\' Board of County Conunissioners. 2300 Vir¡!.Ínia A..-enue. Fort Pierce. FL 34982, I. PROJECT COST: Estimated Project Cost shall conform to those eligible Costs as indicated by Chapter 427, Florida Statutes, Rule 41-2, Florida Administrative Code, the most current Commission policies and the Application and Policy Manual for the Trip & Equipment Grant for non-sponsored trips and/or capital equipment as revised on March 1, 2002, Trips shall be purchased at the rates indicated in the approved service plan pursuant to Rule 41-2, Florida Administrative Code. Non-sponsored Trips $ 317,060.00 TOTAL $ 317,060.00 II. SOURCE OF FUNDS: Commission for the Transportation Disadvantaged State Funds (no more than 90%) $ 285354.00 Local Cash Funds $ 31.706.00 V oluntary Dollar Contributions $ Monetary Value of In-Kind Match $ Total Project Cost $ 317.060.00 III. DISBURSEMENT SCHEDULE OF COMMISSION (State) FUNDS ( $ divided by 1000) Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun FY 02/03 FY 03/04 Trip & Equipment Grant Agreement 2002/2003 Fonn Rev, 03/01102 Page 19 of20 Pages .. ... ~ FM/JOB NO(S). CONTRACT NO. AGREEMENT DATE EXHIBIT "e" TRIPÆQUIPMENT This exhibit forms an integral part of that certain Grant Agreement between the Florida Commission for the Transportation Disadvantaged and St. Lucie Counl)' Board of Counl)' Commissioners. 2300 Virginia Avenue. Fort Pierce. FL 34982 _ THE GRANTEE SHALL RETAIN AND/OR SUBMIT THE FOLLOWING REQUIRED DOCUMENTS AND CERTIFICATIONS: DOCUMENTS: Submit copy of fmfu'lcial reporting packages of audits prepared in accordance with Section 215.97, Florida Statutes, and applicable Rules of the Auditor General to: Commission for the Transportation Disadvantaged 605 Suwannee Street, MS-49 Tallahassee, FL 32399-0450 State of Florida Auditor General Room 574, Claude Pepper Building III West Madison Street Tallahassee, FL 32302-1450 Submit invoices for goods and services, with detailed supporting documentation, in detail sufficient for a proper pre-audit and post-audit thereof. Retain, and upon request, submit drivers' manifests, with supporting detailed documentation, in detail sufficient for a proper pre-audit and post-audit thereof. ' CERTIFICATIONS: Certification ofEqllivalent Service in accordance \\ith the Commission's policy on the acquisition of vehicles as it pertains to the Americans with Disabilities Act, as amended, Said certification shall accompany any reimbursement request for vehicles and shall use the Commission approved format. THIRD PARTY CONTRACTS: The Grantee must certify to all third party contracts pursuant to Section 12.10 except that written approval is hereby granted for: 1. Contracts furnishing contractual services or commodities from a valid State or inter-governmental contract including the Memorandum of Agreement and Transportation Disadvantaged Service Plan as set forth in section 287.042(2), Florida Statutes. 2, Contracts furnishing contractual services or commodities for an amount less than Category II as set forth in section 287.017(I)(b), Florida Statutes. 3. Contracts for consultant services for an amount less than Category I as set forth in section 287,0 17(l)(a), Florida Statutes. Trip & Equipment Grant Agreement 2002/2003 Form Rev, 03/01/02 Page 20 of 20 Pages \..-.- '-' AGENDA REOUEST ...., ITEM NO. C-30.. DATE: Julv 09. 2002 REGULAR [ 1 PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: Peter Keoqh. Parks & Recreation Director TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT) : Parks & Recreation/Golf Course SUBJECT: Golf Cart Lease: The Associates Commercial Corporation COO-09-563 BACKGROUND: The Board of County Commission approved the above referenced Lease/Purchase Agreement for 80 new Club Car golf Carts on September 6, 2000. FUNDS AVAILABLE: Funds are available in: Lease with option to purchase financing/Principal Notes - 418-9950-571100-800 Lease with option to purchase financing/Additional Bond Expenditures- 418-9950-573100-800 PREVIOUS ACTION: Board of County Commission approval of Bid#00-060 on August 8, 2000, and Chairman signature of contracts in September 2000. RECOMMENDATION: Parks and Recreation/Fairwinds Golf Course staff recommends the Board of County Commission review, approve, and authorize Chairman signature, to the attached ~Acknowledgment-Equipment Lease - Purchase Agreement" pertaining to the name change of golf cart leasing company, The Associates, to CitiCapital which occurred on July 1, 2001. .~ - ~ APPROVED ] OTHER: DENIED Anderson Administrator COMMISSION ACTION: Review and Approvals xl County p:ttorn8Y7 ""'1 ~""- xlPurchaslng: OF' "'"O"'"O'O""OÒ,.~~ X}Golf Course: ~ "'" ~ ....,¡ MEMORANDUM TO: Board of County Commission FROM: Peter Keogh, Parks & Recreation Director Timothy Coolican, Golf Course Manage~ VIA: DATE: July 9, 2002 RE: Fairwinds Golf Course Golf Cart Lease/Purchase Agreement COO-09-563 On August 8, 2000 through Bid #00-060, the Board of County Commission approved the lease/purchase of 80 new Club Car golf carts for Fairwinds Golf Course. Also at that time the Board approved the financing for those golf carts under Contract 00-09-563 with The Associates. On July 1, 2001 The Associates changed its name to CitiCapital; CitiCapital continues to lease equipment to the County under the same Lease. Through the attached Acknowledgment - Equipment Lease-Purchase Agreement, CitiCapital acknowledges its responsibility for all duties, liabilities and obligations of Associates. RECOMMENDATION: Parks and Recreation/Fairwinds Golf Course staff recommends the Board of County Commission review, approve, and authorize Chairman signature, to the attached "Acknowledgment-Equipment Lease Purchase Agreement" pertaining to the name change of golf cart leasing company, The Associates, to citiCapital which occurred on July 1, 2001. " '-' ......, ACKNOWLEDGMENT OF CITICAPITAL COMMERCIAL CORPORATION EQUIPMENT LEASE - PURCHASE AGREEMENT THIS ACKNOWLEDGMENT is entered into this 18th day of June. 2002, between ST. LUCIE COUNTY, a political subdivision of the State of Florida (the "County") and CITICAPITAL COMMERCIAL CORPORATION (" CitiCapital") flk/a ASSOCIATES COMMERCIAL CORPORATION (" Associates") WIT NE S SETH: WHEREAS, on October 23, 2000, the County and Associates entered into an Equipment Lease - Purchase Agreement (the "Lease") whereby Associates agreed to lease equipment to the County, and; WHEREAS, Associates has changed its name to CitlCapital on July 1, 2001; CitiCapital continues to lease equipment to the County under the Lease, and; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the County and CitiCapital hereby covenant and agree as follows: 1. CitiCapital hereby acknowledges that it is responsible for all duties, liabilities and obligations of Associates as set forth in the Lease, a copy of which is attached hereto as Exhibit" AU and incorporated herein by this reference. 2. The County hereby approves such acknowledgment. 3. Effective Date. This Acknowledgment shall be effective as of July 1,2001. 4. IN WITNESS WHEREOF, the County and CitiCapital have each caused this Acknowledgment to be executed by their duly elected and authorized officers as of the date and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: í) ~?~ £-----. CITICAPIT AL COMMERCIAL CORPORATION ~ BY: ~ \..-. AGENDA REQUEST ""'" ITEM NO. c- 3b DATE: 7-9-02 REGULAR [] PUBLIC HEARING [ ] CONSENT [xx] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Pete Keogh, Director SUBMITTED BY(DEPT) : Parks and Recreation/Sports and Athletics Program SUBJECT: Contract amendment-Florida Coast Professional Baseball School BACKGROUND: Staff is requesting permission for the Chairman to sign the first amendment to the Lawnwood Recreational Complex Facilities Use Agreement with Professional Sports Camps Inc. d/b/a Florida Coast Professional Baseball School. The amendment was requested by the Baseball School and increases the length of notice of termination to one year. Because this is a seasonal activity and plans are made a year or more in advance, this change would allow the School to solidify theiJ schedules. They have stated that this change would enable them to bring more business to the County, because of the extended lead time. The County benefits because of the potential of increased revenue. We currently receive over $25,OOO/year from this relationship. FUNDS AVAILABLE: There is no impact of expenses, only revenues. RECOMMENDATION: Staff recommends granting permission for the Chairman to sign the first amendment to the Lawnwood Recreational Complex Facilities Use Agreement with Professional Sports Camps Inc. d/b/a Florida Coast Professional Baseball School. ...--"1 [Xl [ 1 APPROVED OTHER: DENIED COMMISSION ACTION: Review and Approvals co~n~y A~torney: r(ï! I'M Or~g~nat~ng Dept. . Management & Budget Purchasing: Other: Other: :.;. ,. \..- 'WI FIRST AMENDMENT TO THE LA WNWOOD RECREATIONAL COMPLEX FACILITIES USE AGREEMENT (USE OF FIELDS FOR BASEBALUSOFTBALL) ~ THIS FIRST AMENDMENT, is made tlùs ~ day of .:r<..t~~ 2002, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "COUNTY," and PROFESSIONAL SPORTS CAMPS, INC., D/B/A FLORIDA COAST PROFESSIONAL BASEBALL, SCHOOL, or his, its or their successors, executors, administrators, and assigns hereinafter called the "School." WHEREAS, on December 12, 2000, the parties entered into an LA WNWOOD I RECREATIONAL COMPLEX FACILITIES USE AGREEM~NT (USE OF FIELDS FOR BASEBALL/SOFTBAlL), hereinafter called "Agreement," whereby the School was permitted to use and occupy the baseball and softball fields within Lawnwood Recreational Complex for the purpose of conducting a baseball and softball school as set forth in the Agreement; and WHEREAS, the parties desire to amend the Agreement, to extend the period of time required for termination of the Agreement to one (1) year. NOW THEREFORE, in consideration of the benefits accruing to each party, the parties agree to amend the Agreement as follows: 1. Paragraph 2.01 of the Agreement is hereby amended as follows: 2.01 Term: The term of this Agreement shall commence on December 1,2000 and shall end (unless terminated sooner as hereinafter provided) at midnight on April 30, 2008. The COUNTY shall have the right to terminate this Agreement with or without cause, and thereby end any and all obligations created by this Agreement upon written notification of termination to SCHOOL one (I) year prior to the proposed date of termination. -1- "" ,; , . '-" """" 2. Except as specifically amended herein, the remaining terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this 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 ~s~ ~\~~ \ PROFESSIONAL SPORTS CAMPS, INC., D/B/A FLORIDA COAST PROFESSIONAL BASEBALL SCHO~ ~ BY'H GL ~. PrintName:U~JcŒ CA~w; ~. Title: f"Es,.f)(.JT Date: (,(I,!IJ'J.., a:,...m"'J.:Ant[lDfIC..._....~....... -2- -, AGENDA REQUEST 'wJI,M NO. c-4 R DATE: Julv 9. 2002 "" '-' SUBMITTED BY (DEPT): Public Works Dept./Solid Waste Division REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (XX) PRES~#: ~~ro '- Solid Waste Manager TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Staff requests the Board of County Commissioner's approval of Change Order #1 and Final Payment, to Jaffer Associates, Inc., $867.50, bringing the new contract amount to $10,877.50. BACKGROUND: On November 19, 2001 bids were opened forthe Abandonment of Artesian Well. The low bidder was Jaffer Associates, Inc., in the amount of $10,010. FUNDS AVAILABLE: Funds are available in Account #401-3410-599300-300. After Board approval a Line to Line will be done moving the funds to Account #401-3410-534000-300. PREVIOUS ACTION: .. December 11, 2000, the Board awarded Bid 02-005 Abandonment of Artesian Well to Jaffer Associates, Inc., in the amount of $10,010. RECOMMENDATION: Staff requests the Board of County Commissioner's approval of Change Order #1 and Final Payment, to Jaffer Associates, Inc., $867.50, bringing the new contract amount to $10,877.50. IllI County Attorney: .JY Review and Approvals I8IManagement and Budget: U¿; InfJ1 0/ IllIPurchasing: COMMISSION ACTION: 'iÄ.PPROVED o OTHER: o DENIED ,J0 181 Originating Dept: (Pub. Wks.) 18I0ther: (Landfill) o Other: o Finance: Check for copy only, if applicable: ..... CHANGE ORDER ;. ST"LUCIE COUNTY"" PROJECT: (name, address) Glades Cut-off Road Landfill Artesian Well Abandonment 6120 Glades Cut-off Road Ft. Pierce, FL 34981 TO (Contractor): Jaffer Associates Ltd. 2801 N.W. 6th Avenue Miami, Florida 33127-3937 You are directed to make the following changes in this Contract: (Additional sheet attached as Exhibit A - ~ ~) ',. '..",¡I CHANGE ORDER NUMBER: INITJA TION DATE: One (I) June 12,2002 CONSULTANT'S PROJECT NO.: 6277-35041-091 ST. LUCIE COUNTY CONTRACT NO: 02-004 CONTRACT DATE: December 11,2001 The original (Contract Sum) (Ctl8raPlteeð r.18Jlil'T'ltll'1'l Ceet) was........................................................$ Net change by previous authorized Change orders .............................................,............................$ The (Contract Sum) (Cllsr8Rtesil r1SldFF\IlFFl Cist) prior to this Change Order wa~..........................$ The (Contract Sum) (CllsrsRtesil P.1sJliI'T'lIH'l'1 Ceet) will be (increased) ¡.Beeress!!a !lr IiA8A!l8al by the Change Order,.........................................................................................................$ The new (Contract Sum) ~lJiilr:a¡;:¡t88ef MaltiFFlll1'T'I çgst) including this Change Order will be ,..........$ The Contract Time will be (increased) (S8Sf8SS8S) (IlR8R8R! 81) by...........,...................................... The Date of Final Acceptance as of the date of this Change Order therefore is: Funds Available: Account Number 4013410534000300 10,010.00 0.00 10,010.00 867.50 10,877.50 44 days May 29, 2002 (FC) The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order, By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non-affectred work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result of increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope of the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed, All work performed unde this Change Order shall be performed in accordance with the contract specifications, By Agreed To: Jaffer Associates, Ltd.. Contractor 2801 N.W. 6'h Ad nue, Miami, Florida 33127-3937 GOLDENROD - FINANCE Approved: Solid Waste Division, Public Works Dept. St. Lucie County Department 6120 Glades Cut-off Road, Ft. Pierce, FL 34981 Address By Authõrized: St. Lucie County: 2300 Virginia Ave., Ft. Pierce, FL 34982 Date By Date and Correctness orney PINK - DEPARTMENT ;. \r- ."", EXHIBIT A ITEM DESCRIPTION St. Lucie County, Florida Glades Cut-Off Road Landfill Artesian Well Abandomnent CDM Project No. 6277-35041-091 Change Order No.1 .. Item No. 1. Description: Reconciliation of costs/ quantities Purpose: To adjust contract to reflect actual installed material. See Exhibit B. Cost: $867.50 Time: o days 2. Description: Extension of Contract time. Purpose: To extend the length of the contract time due to permitting processes. Cost: $ 0.00 Time: 44 days rb4175.doc ... '-'" ..""" CHANGE ORDER COST SUMMARY St. Lucie County, Florida Glades Cut-Off Road Landfill Artesian Well Abandonment CDM Project No. 6277-35041-091 Change Order No.1 .. Item Cost/Credit Time 1. $ 867.50 0 2. $0.00 44 days Total Change this e.O. No.1 $867.50 44 days This change order includes not only all direct costs of Contractor such as labor, material, job overhead, and profit markup, but also includes any costs for modifications or changes in sequence of work to be performed, delays, rescheduling, disruptions, extended direct overhead or general overhead, acceleration, material or other escalation which includes wages, and other impact costs. rb4175,doc .... . . . (/) :i: w !::: I- U <I: 0:: I- 2 o U LL. o 2 o ¡:: m<l: I-:J ãiü -2 J:O Xu Ww 0:: -l <I: 2 ü: LL. o 2 o ¡:: <I: -l ::> u -l <I: U íEë "0 W æ E -' c: "0 0 ","0 o c: ,.,0:: II ëll::<t: ::JO= o , W U:JŠ: wU ,_ c: U III '" :J Q} .- ..J"O '" . ro -ê U5<:5« '\p" l: o :¡:; .!!! 'õ l: o U Cll a: _ 0 "-0 .a~6 ~U~ Eo'} _.i:= ca; ::J c: -"'.- U ::J «0 '0 Cll 0 ëitl° EOO ._ U 0 ... C'l JJ Eo'} ].i:= ... ,- ",- ¡:æ.- .- ::J -;0 Ll.I ... "' ° U - l: :::l - ï: :::l l: .2 ~ U "' Cll Cl . ..." - o o o Eo'} 1- o 0 o~o~o OOoC'l~ 6<OdT""r-- W<X)NO_U) T"'"&7T'""coJ Eo'} ~... 00 0 ooo°ll) 00 all) r--: o<Oor--r-- 000 00 ",CD oD"T-",,!::;;.6 EA-Eß V7..... "" ("J T""~~~ 00 00 ~ooo~ 00000 OOOLOT"" 0_0_<0 r-- a. ll)MtR.....O EßK EA-;; T""~('I')D .- r-- ° ° o ° C'l Eo'} ° ~OOD 0000 °oolli 0.C'lC'lC'l ll)""Eo'}Eo'} Eo'} E ~ '-N« mu (/) ..J CfJ--- -.J (,) C,J ü l: .2 ~ .!::! ..c.... ol:,., :E E ~ -gc::J_-g ...g(/)W"'-IIl G1-C5~(j)5~ o cu ._ ..... (IJ 10.. Õ l: :9 ,!!:! c.:J .S< c.:J I- ~...... > :=: ... W (/) ~-Qi Ë3!1- "' '0 l: o lD \.- AGENDA REQUEST ..,¡ ITEM NO. C - L¡£ DATE: July 9,2002 SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] PRESENTED BY: þ.tS'{\~~.~~ (Donald B. We~t, P,E. County Engineer TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Purchase of a camper top for the Engineering survey vehicle. BACKGROUND: Engineering recently purchased a vehicle to be used for County surveying. A camper top will need to be purchased for the storage of the survey equipment. As per County policy, quotes were obtained for the purchase of this piece of equipment because the price exceeded $750.00 (see attached quotes). Staff is requesting Board approval of the second low bidder, Thurmans. Because of the location of the low bid, staff feels that the minute price difference warrants purchase of the camper top from a local vendor. FUNDS AVAIL.: 101-4115-564000-400 - Funds will be made available through budget amendment BA02-144. PREVIOUS ACTION: n/a RECOMMENDATION: Staff requests permission to purchase a camper top for the Engineering survey vehicle from Thurmans in the amount of $1,030.00 and approval of budget amendment BA02-144 and equipment request EQ02- 231. ~ APPROVED [~ OTHER: [ ] DENIED COMMISSION ACTION: [ ]County Attorney [x]Originating Dept Public worf' ~ camper CoordinationlSiQnatures [x]Mgt, & Budget 'bI.fJ (fJr((!,¡ [X]Co.Eng~ [x]Purchasing µC/ [x]Rev Coord. ~A-'" '-' BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: OMBI PUBLIC WORKS - ENG'G PREPARED DATE: 06/28/02 AGENDA DATE: 0709102 TO: 101-4115-564000-400 MACHINERY AND EQUIPMENT $1 030 FROM: 101-4115-531000-400 PROFESSIONAL SERVICES $1 030 REASON FOR BUDGET AMENDMENT: TO COVER THE PURCHASE OF A CAMPER TOP TO BE USED FOR A VEHICLE USED FOR COUNTY SURVEYING. CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: J/lt) 02-144 G:\Budget\QUA TTRO\GENERAL\FORMS\AMENDM02.wb3 ß CI) s ~ Q) :5 :æ i E .!I,! ~ c:: ~ ~ 8 'I:l ~ c:: (l II::: Q) ~ :5 ... 0 oh ~ ... UJ ... D:: CI) CI) (l ,. WN .... ... ~ ~ .l!! c zo ~ ... 00 -~ .E UJ.... UJo la -0 ~N =::: ~~N ~ la it! CJwg ë ....- W ~>-N Q) IQ ...J ~ w :5 ::E z<Ø) Q (l :;, ::)CJ>- z ë ~ z W I- oUJ...J ::E W ... CJ-::) ~ c:: Z u...., ::E ~ :;, u. D:: .. 0 0:: 0 OoW CJ Q. .!!! CJ w ~ <..l ~ ou.!ë¡: 0:: .S: D::I-o E <UJ< .ê oWo ... Œl::)z c:: Q) ~gw E .s. zD::~ :::l tT ::)1- Q) OZ .!::! CJW c:: w~ ~ _D.. CJ- .!!! ::)::) Q) ...Jo Q) .w :5 I- titS UJ ~.s Q,( ) -:5 ~ ~ E ~ Cl.. g..ê ~ ~ E ~~ ffi ffi ~(l ... u ~ C") C\ ::ï ~ ~ .!Il § ~ ~ Q :t Cl.. ñj t3 ¡:; ~ llJ " '- .."".I DIVISION OF ENGINEERING MEMORANDUM 02-199 -. -- -- -. -. - - -- - - -- - - - - - - - - - - - - - - - - - - - - - - -- - - -. -. -- -- -. -. -. - - -. -. -- -- -- -- -- -- ~- - - - - - - -- -- - - -- -. -.. ..----....--.........------------------------------...-------.------.----..--------------------- :-:-::-:-::-:-::-:-::-:-::-:-::-:-::-:-::.:-::->=-:-::-:-::-:-::-:.::-:.::-:-::.:-::.:-:-....:.::.:-::-:-::.:-::-:-::-:-;:-;-::-:-::-:-::-:-::-:-::-:-::-:-::-:-::-:-::-:-::-:-::-:-::-:.::-:-::-:-::-:-::-:-::-:-::-:-::-:-::-:.::-:-::-:-::-:-: .-.---.---.---.---.---.---.---.---.---.---.---.---.---.-------.---.---.----"---"--."--.---.---."--."--."--.---.---.---.--".--".---.---.---.---."--.---.---.---.---.---.---.---.---.---."-"."-".-- --_._---------."_.."-"."-'_._-.---,._.."_.."--.---.---.---_._-----.---.---.-------_._.."------.---------------.-._-.---.-_._--"_._------"-'-"_..'--.---,------"----"-_.,-_._._..~--.-----_._---.-. TO: Don West, County Engineer , , / Surveyor ':;{;)., FROM: Ron Harris, County DATE: June 25, 2002 SUBJECT: Camper Top Purchase Survey Vehicle I have reviewed the attached proposals prepared by the following three vendors¡ 1. Thurman's cost $1030.00. 2. Stoney's Truck Accessories cost $969.00. 3. Buddy's Holiday Truck & Van cost $1,192.00. I would recommend purchase from the local vendor Thurman's. Stoney's has proposed the lowest price. However, their location is Hobe Sound. The time lost in transit to and from their shop would negate the small financial difference between the next lowest bidder Thurman's. cc: Ray Wazny, P.E., Public Works Director Barbara Meinhardt, Revenue Coordinator File UOI ¿UI LUUL i¿.~J JOi~~Ot~Ö4 ::;JIUI-.c...y;:) t-'Aut. ~i '- - Q,^- ,,>+-Q. - ~ ~,'~~ ~~ ~ ~ '"' StanlY's Truck ACC81S0rtl¡ 3lV DtJ..? 8.55 S.E. --.., Hwy. . G.· ?!;> Hobe Sound, Fl 334615 ___.- (772) 646-3332 Fax: (772) 646-7384 , NAME ~* hue \'~ CÖ ADDRESS ~ '" \~ ~ ) PHONE· yO· 17df FAX NO y~.~~.~ INVOICE DATE G '!'1-Q":) c.J,,~ 'ý- G/)-u/O) 6 DELIVERY DATE ..... ~ C:tr~ð- QTY. UNIT DESCRIPTION NOTICE: Special order deposits 6r6 not refundable once item Is ordered, UNIT PRICE AMOUNT Subtotal Tax TOTAL BALANCE DUE Deposit A:nru~: lZa N ~ ~fu5 PhOnê(772}464.407} Home (772) 464-3531 THORMAN'S 2775 Nonh US 1 Fort Pierce. Florida 34946 SAM & VONNIE WATERS OWt'1ers D81elo ,~O . 0 ~ Name 0T LUC\L (00N'\, Address -----.J Third Brake light INFORMED OF PERMIT.. TIE DOWN REQUIREMENTS Received by:___,_____.__. to"., "" ~ (IN,t,,U''C " 1!(A./f1I Phone s Sub Total Sales Tax Total $ --~.. --.--.-.---....- ----~_.... ,. Deposit Paid Balance Due $ ....., ~ -- , H\.JL (JJ. UUUX'ø öOLIDAY TRUCK & 14~ S. U,-HIGHWAY # 1 T. PIERCE, FL 34982 72 465 9600 FAA: OARD OF COUNTY COMMISSIONERS 300 VIRGINIA AVt ORT PIERCE rL 349825652 SU) 462-1700 () - ext 407 fa H. DE: LABOa D.SCRIPTlON u'nAlL TOPS'n KOOk UP THUD 81 LIGHT Q 1. 0 :.l. 0 1. 0 PUT HlnIIlIlIl ARE en FG. WINDOOR DISCOUNT D&SOIPTION TOPPER SIDE DOORS LESS I UND~RSTAND THAT UNDER STATE LAW I ~ ENTITLED TO A WRITTEN ESTIMATE IF MY FINAL BILL WILL EXCEED $ 0.00 I REQUEST A WRITTEN ESTIMATE I DO NOT REQUEST A WRITTEN ESTIMATE AS LONG AS E REPAIR COST 00 NOT EXCEED $ I DO NOT REQUEST A WRITTEN ESTlMAT~ S GNEIl, DTE,_ VAN LIST' 0.00 0.00 0.00 LAII0. BOLD PAlITS SOLI> MU:E MODEL YKAR LIcon: v I.N'ltl VINf:l TRAILER Accomrr MILES IlALlliS TAX MISCELLANEOUS 80LD IlISCOIlKT TOTAL SALE EST I ~ JlJN 20 02 ....,J os I 34- WRITTEN BY: BUZ EST. # 800139 PORD SUPERDUTY 2002 1100 CC SB 2977 o TOT"!. . , 0.00 LABOR $/hr 0.00 ACTUAL' 1,010.00 162.00 -50.00 , 0.00 . 1,lH.00 . 0.00 . 0.00 , 0.00 $ 1,192.00 MAT E \-- ITE~O, c-4<:. DATE: Julv 9, 2002 AGENDA REQUEST REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (XX) SUBMITTED BY (DEPT): Public Works Dept./Solid Waste Division TO: BOARD OF COUNTY COMMISSIONERS L:: 0 J. Cordeiro Solid Waste Manager SUBJECT: Staff requests the Board of County Commissioners' approval for the purchase of one used tandem converter dollie for a total of approximately $6,000, approval of Equipment Request No. EQ02-232 and approval of Budget Amendment No. BA02-145. BACKGROUND: The Glades Road landfill currently has three trailers for the balefill facility. Two dollies are used with a trailer pulled by a roll-off truck. The third dollie is needed for the third trailer and for down time. Staff will work with the Purchasing Department and receive three quotes for this item. FUNDS AVAilABLE: Partial funds are available in Equipment Account #401-3410-564000-300 Remainder of funds to be moved via Budget Amendment No. BA02-145 PREVIOUS ACTION: N/A RECOMMENDATION: Staff requests the Board of County Commissioners' approval for the purchase of one used tandem converter dollie for a total of approximately $6,000, approval of Equipment Request No. EQ02-232 and approval of Budget Amendment No. BA02-145. COMMISSION ACTION: 'X"APPROVED o OTHER: o DENIED Review and Approvals o County Attorney: 181 Management and Budget: fl/£} /VlM 0 181 Originating Dept: (Pub. WkS.)Ó/18I Other: (Landfill) 181 Purchasing: l~ o Other: o Finance: Check for copy only, if applicable: Anyone with a disability requiring accommodations to attend this meeting should contact the St. Lucie County Community Services Manager at 561-462-1777 or TTD 561-462-1428, at least 48 hours (48) prior to the meeting. BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: OMB/PBULlC WORKS - SOLID WASTE PREPARED DATE: 06128/02 AGENDA DATE: 07/09/02 TO: 401-3410-599300-300 RESERVES $3 000 FROM: 401-3410-564000-300 MACHINERY AND EQUIPMENT $3,000 REASON FOR BUDGET AMENDMENT: TO COVER THE PURCHASE OF A DOLLIE. CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: Î/Ø 02-145 G :\Budget\QUA TTRO\GENERAL\FORMS\AMENDM02.wb3 0 m m 0 '- "tI .e ?ô "tI s: ~ s: m m z z ~ :-:l ;:0 m ~ ;J ;J ~ (I) ìJ rT1 0 c: 0 ëi, ë;;' ~ r- 0) 0 ~ Qìl Õ r- I\) ~ 0 , ::::: ~ I\) ::s tv :3 15- ~ I\) III :3 () (I) :>;- 0 rïj ~ (þ ?] <: SO rfi (þ ::::: .g ã, :::0 (þ ~ rïj Ql ::::: :::0 ~ 0- t¡ (IJ Ql ~ ::s l:: 0 m;'" 2 CI) r- (þ r- ::s 0.. iìi Oe :3 ~ Co 0 S ""0- ëìl III 3:m CI) ::s mO :3 ~ zO 0 a èñ' »~e :::T =:t ø::oz ~cð mm~ III ... zo-< ::s Ql c.. :::::.: ceO] Ql (þ »mO <"l .., 0 so c(IJ» ::s 0 9l »~::o » :3 ::s- » ;:0 ~"T1c ñ' g¡ "tI m mOO (") III "tI (") (") ~ ::s ;:0 0 .::o"T1 0 0 0 s: C-"T10 C g. < s: eëño z m ~ :::: !=? m ~oe ,ID' z z 0 Cþ»Z c Õ m ~ r- ~ s: ::s- o 1'1,)-<-< Dl III °mo m S. 0»0 ?? 0- III 1'1,)::03: èi) CI) 1'1,)3: Õ 0- O(IJ SO ....(IJ (þ ~- .g- oO .¡,., hi hi oZ 0 0 I'I,)m ..... ..... (I) (I) ::0 , SO tv (IJ .¡,., (þ ..... r- 0 , III 0'1 ::s O'¡ 0.. .¡,., ::;, 0 ;::::: 0 0 , tv 0 0 '-" ...J ITEM NO. C 4-d DATE: 7/9/02 AGENDA REQUEST REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (X) SUBMITTED BY (DEPT): PUBLIC WORKS - ADMIN TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: BACKGROUND: The Board of County Commissioners has approved a 5% salary increase for Inspectors and Plans Examiners based upon receiving specific State Certifications. Staff recommends that the Board provide a 5% salary increase for the Building Official as recognition of obtaining State Certificates for Building Officials, Plans Examiners, Building Inspectors, and 1 and 2 Family Inspector. FUNDS AVAILABLE: Funds are available in Salaries - 491-2415-512000-200. PREVIOUS ACTION: RECOMMENDATION: Staff recommends Board approval of a 5% salary increase for the Building Official. COMMISSION ACTION: -KAPPROVED o OTHER: o DENIED o County Attorney: Review and Approvals II!I Management and Budget: Uf) rn t;¡l1 D Other: D Purchasing: A,j& II!I Originating Dept: (Pub. Wks.l o Other: o Finance: Check for copy only, if applicable: Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight (48) hours prior to the meeting. -. "' .fOÓ:; ~.~ ' .,.,;.; ~""i"'< 0"" '." "{.,...',~";'. ~:~' ~ C)' ffi' ~ ~ q.J: ,¡ U rIl ~ ~ ~ -a ~ ~ l:"'Ó ill ~ ~ o Q) Z .- ~ "'Ó ~ ..... . ~ ~ .fl ~ l: Z Q) J-I( B ~~ :: Q) 0 0 :t: Q) rIl 0 - .~ .fl .- rIl ~"'Ó :s t3' ~ ~~ ib°fä Z - "'Ó X ~ ~ rIl rIl Q) U ;:::l 1-0 1-0 J-I( fjl o e 0 ~ B .£Q)Õ 0 (/.l .- ~ > Q) ~ 5 rIl 0 c.. s::: è> rIl J-I( Q) (/.l .9 ~.s .0 . {l~ ~ =:l ~ 0 Q) 0 rIl"'" ~ o"'Ó"'Ó co 0\ ~C ffi ~ 0 ~ ..=0\ - :.:::au Q) E ~ u co 0 s::: ~ ...... >< g. a::l 0 0 o Q) I ..:= ~.o ].š~ ._ 0 C t z t::õ 80 ~ co » rIl .1:l.o s::: J-I( (/.l~ (/.l "'Ó 0 ~ :s 0 ~ ~ S:::Q)U 0..= ~ t+: {I~ e rIl 1-0 .- 0 0 ~ ~ Q) - C+=4 ~ Q) "'Ó~~ ] ~ Q/)..... ~ .~ ~ 5h ~ H=~ {l~ ~ rIl 0 S ~ -;.§ ~ 0 ~ {lB co .).§ b .S ..... ~ rIl ~ Q) 0 ..... ~~ J-I( .S ~ t:: ~ Q) U N la 1""""l '-' "will ~ '.it, STATE ('\1::' FLORIDA DEPAR~~~ OF BUSINESS AND PROFESSIONAL REGULATIO~ BLDG CODE ADMIN AND INSPECTORS 1940 N MONROE ST TALLAHASSEE FL 32399-2211 (850) 921-4789 GRIM, DENNIS MICHAEL 568 NW LAMBRUSCO DRIVE PORT ST LUCIE FL 34986 .' STATE OF FLORIDA AC#O[]4b13b . . DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION BU -0001159 05/03/2001 00029065 STANDARD BLDG CODE ADMINISTRATOR GRIM, DENNIS MICHAEL IS CERTIFIED=dar tha providonaof ch.468 n. Bxpiretiondat., NOV 30, 2001 SBQ' 01050300187 DETACH HERE AC# 0046136 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION BLDG CODE ADMIN AND INSPECTORS SEQ# 01050300187 ; . LICENSE NBR 05 03 2001 00029065 BU -0001159 The STANDARD BUILDING CODE ADMINISTRATOR Named below IS CERTIFIED . Under the provisions of Chapterc'468 FS. J Expiration date: NOV30,2001 ' GRIM, DENNIS MICHAEL 568 NW LAMBRUSCO DRIVE PORT ST LUCIE FL 34986 JEB BUSH GOVERNOR DISPLAY AS REQUIRED BY LAW KIM BINKLEY-SEYER SECRETARY '. STATF "F FLORIDA ..., DEPAR~ OF BUSINESS AND PROFESSIONAL REGULATION BLDG CODE ADMIN AND INSPECTORS (850) 921-4789 1940 N MONROE ST TALLAHASSEE FL 32399-2211 GRIML DENNIS MICHAEL 110 l:iW LANDIS LN PORT ST LUCIE FL 34953 ACI 0 2 8 7 S 9 ::; . "ST~'!E0~ FLORIDA, " '~i~=N~ ~~~~~owm ",-0;;; '~-.r""<"....~_:;:.J~':" _:....~._ . PX -0002pip Q.2?i8!2'Oo..1_' 01014844 -. ... ~. '":--9 J. '- ,.Ar~" - '-- .~;Õ( '}, STANDARD 'PLÀifs"EmlNÎi:R- j; f).. ;" GRIM, DENNIS -<MICHAEL .:: ;cJ< S~ ~':P~~~:;' ~ ',,,i -~~~ , IS,~CBRTII1'II!iD~d.~'th~ p~o,~I..a!O". of ch.468 n. -..Plntiondat.: NOV 30;"20êii no. 01121100252 DETACH HERE ACt '·'·Æb~ --~.' -;-tt..1 ~ ... :':':.¥'\" \ ò ','t f~: . . ~ , . , '~::i '~'i:'ß4: ....:~;--E XIX BINKLEY-SEYER SEC'~RTARY .. STATE OF FLORIDA DEP~ OF BUSINESS AND PROFESSIONAL REGULATÌ~ BUILDING CODE ADMINISTRATORS & INSPECTOR (850) 487-1395 1940 NORTH MONROE STREET TALLAHASSEE FL 32399 GRIM, DENNIS MICHAEL 110 SW LANDIS LN PORT ST LUCIE FL 34953 . STATE OF FLORIDA AC# 0 3 b 401 ~ , ,BPARTKBNT OP BUSINESS AND PROFESSIONAL RBGOLATION BN4300 03/14/02 011059949 STANDARD iNSPBCTOR GRIM, DBNNiS MiCHABL IS CBRTIFIBD und.r the proviaLona of ch.468 n. Kxpintiondae.. ROV 30, 2003 SIQ'L0203U02001 DETACH HERE STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION BUILDING CODE ADMINISTRATORS & IIiSPECTOR . SEQ#L02031402001 ~: >~-t1~~ ~~~ ..,.~ -;.~~' i·'I·'···'· -_17. ~ ... ,- .> , ....':,%'.-;...... 'C -~~" W!" . ~-c; '~1~"4:! 1::, ~-... .,_. ;.,.c 'Y" '~!..- ~-:~ .' DISPLAY AS'REQUIRED BY LAW ,., ~ ~~:, i;*~; XiM BINltLÉY-SBYBR SECRETARY .' . 'Y/ TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAIL.: '-"' ...."" AGENDA REQUEST ITEM NO. C-5 DATE: July 9, 2002 REGULAR [ PUBLIC HEARING [ CONSENT [XXX] BOARD OF COUNTY COMMISSIONERS HUMAN RESOURCES DEPARTMENT PRESENTED BY: David Rodriguez Human Resources Director Third year adjustment to the pay and classification study. The Board of County Commissioners approved the Pay and Classification Study on April 4, 2000. Amendments were approved on April 24,2001 and March 26, 2002. 001-7110-512000-700 (Agriculture) Approximate cost April 1 to Sept. 30, 2002 - $2,729.00 105-7115-512000-700 001-3715-512000-300 (Library) Approximate cost April 1 to Sept. 30, 2002 - $9,380.00 RECOMMENDATION: Staff recommends approval of the attached adjustments to the pay and classification study effective April 1, 2002. COMMISSION ACTION: . . [Xl APPROVED [ ] DENIED [ ] OTHER: County Attorney: Do g sAnderson County Administrator Review and Approvals Management .. Budget mrn t'J\ Purchasing Originating Dept. Other: Other: Eff. 5/96 Finance: (Check for Copy only, if applicable)___ , r I '-' ....I AGENDA TO: BOARD OF COUNTY COMMISSIONERS FROM: David Rodriguez, Human Resources Director DATE: July 9, 2002 SUBJECT: Third year adjustment to the pay and classification study BACKGROUND: When the budget process began in April of 2002, there were requests for adjustments from various departments to upgrade positions they felt were overlooked or circumstances had changed to warrant an increase. Mr. Ande~son directed the Human Resources Department to contact Analytica/Human Resource Performance Consultants (the consultants who conducted our original salary study) and submit the department request to them for review. On May 28, 2002, Mac McDowell and Herb Malone Jr. concluded their review and submitted the attached recommendations. There were only two departments which they suggested adjustments to, Library and Agriculture, which are attached. They felt the pay study should be completed as recommended (April I, 2003 is the last year) and then, because of market changes and employment needs, we should conduct a mini-survey to update any positions in question. RECOMMENDATION: Staff recommends approval of the attached adjustments retroactive to April I, 2002. . K R~e ectful submitted, ~~ - David Rodriguez Human Resources Director DR/mp Attachments r , -/ '-" .J Analytical HUMAN ResouRcE PERFORMANCE CONSULTANTS May 28, 2002 Mr. Doug Anderson County Administrator St. Lucie County Florida 2300 Virginia A venue Ft. Pierce, FL 34982 Dear Mr. Anderson: We have reviewed the department request for reclassification of positions and the Employee Pay and Classification Study, March 31,2000, conducted by our firm. The Library Associate I positions should have been reclassified during the study, because of the supervisory responsibility, Recommend approval of reclassification of the Program Specialist to Pay Grade 16, since the Board has approved previous reclassification, After review and careful consideration of the other request and the impact on implementation of the study, we recommend that these requests not be implemented at this time for the following reasons: · The requested changes will cause compression in some areas, thereby defeating in part the intentions of the 2000 pay study; · The requested changes will cause some internal inequality which again defeats the purpose of the 2000 pay study; · The requested changes will cause a ripple affect in some cases; · If all the requested changes are implemented, a financial impact could occur that would negatively imp,act the County's abiljty to comp!et~ its mu!ti-ye~r p!an to imrl~~~íÎ( the 2000 pay study. We recommend the continued implementation of the Pay Plan as originally designed. Once this Pay Plan has been fully implemented, reclassification requests should be considered. We appreciate the opportunity to provide this review. Please feel free to contact us if we can be of further assistance, Best Regards, ~ Herttr~we Jr., Ph.D. P. O. Do. 26R3. Brandon FL 33509-200 (813)657-8128 Fa, (813)657-91P E-\L \IL: h rpcmm'i!'aol.com ;. '-" ..."" AGRICULTURE MEMORANDUM TO: Pat Clute, Employee Labor and Relations Manager /1. ¿..., Anita Neal, County Extension Director ~ DATE: April 26, 2002 . FROM: RE: Program Specialist Reclassification As we discussed recently, we have discovered a scrivener's error on our request for our 4- H Program Assistant, Debbie McManus, to be reclassified as a 4-H Program Specialist. The pay grade of 12 that we suggested was based on an outdated job description for a Program Specialist. We feel it would be more appropriate to set her pay grade to a level consistent with that of the Horticulture Specialist position in our office which is a pay grade 16. I have explained the situation to the County Administrator and received his concurrence that these position salaries should be more consistent. Please advise us on what steps need to be taken to rectify this situation and bring Debbie McManus' pay in line with this similar position. We request that once this is accomplished, that Mrs. McManus receive the difference between the pay grade 12 salary income and the pay grade 16, retroactive to April 1, 2002, when this pay grade should have originally gone into effect. If you have any questions, please contact me at x1660. ASN/ca œt:~~U 1:2 jOOI HIJL1A.~1 RESOURCES S!.:..!:~C¡;=..:;0';'!TY, FLORIDA · I \.r- ...I .. ;; MEMORANDUM - -.- - S-T.lUCIE . COUNTY . f ,~ l·j"- - ~- - . -. -- AGRICULTURE " TO: Doug Anderson, County Administrator FROM: Anita Neal, Interim County Extension Director DATE: January 11,2002 RE: Position Reclassification - Program Assistant to Program Specialist It has come to our attention that one of our staff members, Debbie McManus. the 4-H Program Assistant, has taken on respoQSlòilities in her position that fall outside the realm of her current job description. Doing so, as you would expect, has been a gradual process and her supervisor, Susan Munyan, 4-H/ Agriculture Agent, has come to rely on and appreciate the assistance that Mrs. McManus provides in performing these tasks. A.; ':~~ribed in the attached job description for an Extension Program Assistant, the major function of that position is to conduct educational programs under the direction of the Extension Agent with whom they work. The major function listed on the job description for a Program Specialist/4-H is to work in assisting in planning, developing, and implementing an effective educational4-H program. As Debbie currently creates and develops program materials. secures guest speakers for events, coordinates 4-H events and contests with school groups and 4-H clubs, assists with program and event promotions, and assists the 4-H Agent in interpreting Extension and 4-H policies and procedures to county 4-H volunteer leaders and to the public, it seems that the 4-H Program Specialist's job description more accurately descnòcs her role in this office. Mrs. McManus does meet the minimum educational requirements of a Program Specialist as well. She earned her Associate Degree in Early Childhood EduCation in 1977 at the Indian River Community College. Staff recommends that the Board of County Commissioners reclassify Debbie McManus as a Program Specialist based on the justification provided herein. Your consideration in this matter is greatly appreciated. Attachments cc: Pat Clute, Employee and Labor Relations Manager v" fõ)rn © rn u 111 rn\~ Uù JAN 1 4 2002 \ ~ ASN/ca . HUMA,,: p",SOURCES ST. LUCIE CC.:NTY, FLORIDA ¡i Reclass """ ...." AGRICUL TURE 4-H Program Assistant Pay Grade 12, Job Code 702 to 4-H Program Assistant Pay Grade 16, Job Code 702 Approximate cost April 1 -Sept. 30, 2002 Salary and Benefits $2,729.00 .' '-' ..." Analytical HUMAN RESOURCE PERFORMANCE CONSULTANTS May 28, 2002 Mr. Doug Anderson County Administrator St. Lucie County Florida 2300 Virginia Avenue Ft. Pierce, FL 34982 Dear Mr. Anderson: We have reviewed the department request for reclassification of positions and the Employee Pay and Classification Study, March 31, 2000, conducted by our firm. The Library Associate I positions should have been reclassified during the study, because of the supervisory responsibility. Recommend approval of reclassification of the Program Specialist to Pay Grade 16, since the Board has approved previous reclassification. After review and careful consideration of the other request and the impact on implementation of the study, we recommend that these requests not be implemented at this time for the following reasons: · The requested changes will cause compression in some areas, thereby defeating in part the intentions of the 2000 pay study; · The requested changes will cause some internal inequality which again defeats the purpose of the 2000 pay study; · The requested changes will cause a ripple affect in some cases; · If all the requested changes are implemented, a financial impact could occur that would negatively imp,act the County's abiljty to comp!et~ its mu!Ü-ye~r plan tc! impl~~ÏÎ( the 2000 pay study, We recommend the continued implementation of the Pay Plan as originally designed. Once this Pay Plan has been fully implemented, reclassification requests should be considered. We appreciate the opportunity to provide this review. Please feel free to contact us if we can be of further assistance, Best Regards, ~ Her~~we Jr., Ph.D. P. o. Box 2/illJ. Brandon FL JJ509-2/illJ (813)657-8128 Fa, (813)657-911' E-\L\IL: hrpcmm"ljaol.com '-' ....I MEMORANDUM ST. LUCIE COUNTY LIBRARY TO: Pat Clute, Employee & Labor Relations Manager Susan Kilmer, Library Director ;d.. ~~~~1..) FROM: DATE: March 8, 2002 SUBJECT: Position Reclassification Requests ************************************************************************ I am submitting for your review and consideration the following requests for Position Reclassificatiol1s: Library Associate I to Library Associate II - Port St. Lucie Branch Library Associate I to Library Associate II - Hurston Branch Library Associate I to Library Technical Associate II - Ft. Pierce Branch Library Tech. Assoc. I to Library Tech. Associate II - Ft. Pierce Branch Office Assistant I pit to Office Assistant I fìt - Hurston Branch Library Associate I to Library Technical Associate I - Ft. Pierce Branch Library Associate I to Library Technical Associate I - Ft. Pierce Branch I have been working on upgrading the Library Associate I's at Port St. Lucie Branch and Hurston Branch Libraries who serve in a supervisory capacity on a routine basis for several years (see attached memorandums from May 21, 2001 and April 18, 2000). These individuals currently supervise Office Assistant I's and Library Pages when they are in charge of the building one night per week, on Saturdays and many other times during the week. The like positions at Momingside and Lakewood Park Branch libraries are currently classified as Library Associate II's. The Salary Study really made a mess of our organizational chart when the Office Assistant's were placed in a higher pay grade than our Library Associate 1's and Library Associate II's. In our structure the Library Associate's hold the higher level of technical and supervisory responsibility than the Office Assistant's do but now the Office Assistant's are in a higher pay classification with less responsibility. This has been especially difficult this year with '-' ..., promotions and transfers occurring - we have just recently transferred two Office Assistant 1's into Library Associate 1's positions with no increase allowed due to the Library Associate I being a lower pay classification but greater responsibility within the Library system. Our Office Assistant's are never left in charge of a facility nor do they run a major function of the library as Library Associate 1's and II's have been for many years. The Office Assistant's work at the Circulation desk - they do not drive the Bookmobile or run a Children's Department or handle overdue claims or process Interlibrary loan requests or work at reference desks - this is not to say that their jobs as less important as they are the front line staff who meet and greet the public but they do not have the responsibility that the Library Associate's have had for so many years. I would ask again this year for consideration to be given for review of the pay classification for the Library Division as it relates to these classifications as well as the other position reclassifications mentioned in the first paragraph. attachments cc Robert Bradshaw, Assistant County Administrator David Rodriquez, Human Resources Director ~ -wi LIBRARY Susan Kilmer, Director, 462-1618 2 positions of Library Associate I Pay Grade 5, Job Code 854 to Library Associates II Pay Grade 7, Job Code 856 1 position of Library Associate I Pay Grade 5, Job Code 854 to Library Technical Associate II Pay Grade 9, Job Code 853 1 position of Library Technical Associate I Pay Grade 8, Job Code 852 . to Library Technical Associate II Pay Grade 9, Job Code 853 2 positions of Library Associate I Pay Grade 5, Job Code 854 to Library Technical Associate I Pay Grade 8, Job Code 852 Approximate cost April 1 -Sept. 30, 2002 Salary and Benefits $9,380.00 "'" ::0 m (') ç rJ rJ ::0 m o ;l!: r- iìi <:) w , <:) ... -;- (') (') o c Z -l 'U: <:) <:) 7" ..... ... ... <:) u, .... 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"-> 01 ~ '"' ...... .¡". , Cl:l ~ ~ N ...... .¡". ...... c..~ oJ -0 o en :::¡ Õ Z -f :::¡ ï m r- õi ::u ~ ::u -<:: ~ en en o (') ); -; rn ¡- OJ ::u þ ::u -<:: -; m (') ::c ~ en en o (') ); rri (") C ::tl ::tl m z -f ï -< ::tl m o c m en -f m o Cll c: o Gì m -f :!: -0 :Þ (") -f o ~ en Õ z o m -0 :Þ ;;tJ -f :!: m z :-:t r- õi ::u ~ ::u -<:: r- èÌì ~ ::u -<:: :Þ -0 -0 ::tl o < m o -< m en < o ::u m <: 01 m CJ ::tl m (") o == == m z o m o iJ o en =l õen z;-l :::or me (')(') rm Þ(') en enO -e :]Z ~~ ::!m 00 ZÞ :::o~ mo 0-n e m(') eno -ie -nZ ~::;! -n(') -0 (fJ~ ~~ ru; -<(fJ m- >0 ;::oZ m N;::O o(fJ o N I N o o (.oJ :2: -0 c: -; OJ -< o s: OJ '-" AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Airport ..J ITEM NO. C - 6 DATE: July 9, 2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X ] PRESENTED BY: Paul Phillips SUBJECT: Approve the Dickerson Florida, Inc. Change Order # 2 to the Taxiway A-I project at 81. Lucie County International Airport for a decrease in the contract amount of $21 ,642.18 for a total project amount of $369,546.79 and authorize the release of retain age. BACKGROUND: In April 2001, the Taxiway A-I project was awarded to Dickerson Horida in the amount of$40 1,195.13. In December 2001, the Board approved change order #1, which resulted in a decrease to the contract of$10,006.16 for a contract amount of$391,188.97. As a result of the final inspection and a determination of the as-built quantities, this final change order # 2 to the taxiway A-I project resulted in an additional net decrease to the contract of$21,642.18 for a final contract amount of$361,546.76. FUNDS AVAILABLE IN ACCT#: Funds are available in Airport Taxiway A-3 Account. (140121- 4220-563000-46002) PREVIOUS ACTION: In March 2000, the Board approved the funding request to the FAA and FDOT. In August 2000, the Board approved the professional services proposal with Williams Hatfield & Stoner and in September 2000 the Board accepted the FAA funding. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the Dickerson Florida, Inc. Change Order # 2 to the Taxiway A-I project at S1. Lucie County International Airport for a decrease in the contract amount of$21,642.18 for a total project amount of$369,546.79 and authorize the release ofthe retainage. CQMMISSION ACTION: [JAPPROVED [ ]DENIED [ ]OTHER: Purchasing Other: - ¡. '-' Change Order OWNER ARCHITECT CONTRACTOR FIELD OTHER AlA Document G701 o C8:I o o o THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN A lTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. PROJECT: (name, address) Purchase Order No: P21l1535 Taxiway Improvements at St. Lucie International Airport Change Order Number: 2 (FINAL) REVISED Date: December 4,2001 TO CONTRACTOR: (name, address) Architect's Project No: 5135-08 Dickerson Florida, Inc. Contract Date: May 29,2001 3340 Southeast Dixie Highway Stua11, Florida, 34997 Contract For: Taxiway Improvements The Contract is changed as follows: This change order adjusts contract quantities to as-built quantities. See attached history. Not valid until signed by the Owner, Architect and Contractor. The Original (Contract Sum)(Guaranteed Maximum Price) was Net Change by Previously Authorized Change Orders The (Contract Sum)(Guaranteed Maximum Price) Prior to this Change Order was The (Contract Sum)(Guaranteed Maximum Price) Will be (Inc.....!cd)(Decreased) (UndUll,¡;..d) by this Change Order in the Amount of The New (Contract Sum)(Guaranteed Maximum Price) Including This Change Order Will Be $ $ $ $ $ The Contract Time Will be (I11c...a.,cd)(Dcc,CAJ..d)(Unchanged) by _ (---.1 Days The Date of Substantial Completion as of the Date of This Change Order therefore is October 5. 200 I 401,195,13 ( 10,006.16) 391,188.97 (21,642.18) 369,546.79 NOTE: This swnrnary does not reflect changes in the Contract Swn, Contract Time, or Guaranteed Maximum Price which have been authorized by Construction Change Directive. ARCHITECT: CONTRACTOR: OWNER: St. Lucie Board of County Comnùssioners Williams. Hatfield & Stoner. Inc. By: C ~~ Cynthia M. Portnoy Date: \ 2...-\.0.. \u , Ok""'n F\~OC' BY.~ '~Pr>- O'~. \-2-: n.;, By: Date: AlA DOCUMENT G701 - CHANGE ORDER - 1987 EDITION - AlA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK, AVENUE. N.W., WASHINGTON, D.C. 20006-5292. Change Order 2/178P/120401 , .... f ~ '" '" 6 '" ~ ¡¡;. õ -< x ¡;; ~ ~ d );! r .. ... -= ;¡; ~ ¡;¡ 0; o t: m * ~ ~ ¡;; ~ 8 0; ~ f foil ~ ~ 00 ¡;; 88 ¡;; ¡., - 8 88 .. '" '" <0 ¡" ... '" ~ .... '" '" ~... '" 8 ': 8 .. 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N~~~",~~~õ:~~~~~M~~~~ ~~~gª~~~~Ä~~8~~~~~~§ ~~!::~~~~~8~g8888g8888 b œ ¡., 8 ::: <> o ::: g¡ 8 cl;u::: 888 888 0'" c~ ~ 3: ~~ o en -1 E !il £! m m ~ ::æ: n;!z n¡= OxGl :I:r c- >;¡; ~~~~ ~i1 -1-_ITIooo:I: ITI~¥fimõ:o~ ~m:rJ"'C~~:!! :¡;::OO-1<D:nm g~~~a~6 ôš'g:: ~~ ~~:n 00 .....-1_ :oz ï( )(..) -<m ~ ~ :n :0 0 " 0 o 0 :0 -1 .~ AGENDA REQUEST ~EM NO. C-7-A DATE: July 9,2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasing Deoartment Michael Rath, Purchasinq Director SUBJECT: Award of Bid No. 02-067, Airport Industrial Park Sanitary Sewer System - Phase I BÄCKGROUND: On May 22,2002 bids were opened for Airport Industrial Park Sanitary Sewer System- Phase I. Seven hundred fourteen (714) vendors were notified, nine (9) bid documents were distributed and three (3) bids were received. The Utilities Department and the engineer of record (Inwood Consulting Engineers) have reviewed the bids received and recommend that the bid be awarded to the low bidder, RK Contractors, Inc., in the amount of $75,125. Recommendation and tabulation attached. FUNDS AVAILABLE: Funds are available in FDEP Airport Park Wastewater, Airport Industrial Park, Improvements other than Buildings Account No. 140319-4215-563000-400. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends award of Bid No. 02-067, Airport Industrial Park Sanitary Sewer System - Phase I to the low bidder RK Contractors, Inc., in the amount of $75,125 and authorization for the Chairman to sign the contract as prepared by the County. COMMISSION ACTION: [,,' APPROVED [] DENIED [ ] OTHER: County Attorney.(X) CA· J-IY Coordination/Signatures Mgt. & Budget (X) tttJ 4t}ntf!:¡ Other: Purchasing Mgr.:(X) i(¿ Originating Dept:: Other: Finance: (Check for Copy only, if Applicable) Eff. 1/97 " UJ 0::..... 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'-' ...t \ BOARD OF COUNTY COMMISSIONERS UTI UTI ES DEPARTMENT WilLIAM ßLAZAK DIP-EGOP. MEMORANDUM TO: Michael Rath, Purchasing Manager, I William Blazak, Utility Director ~iD June 24, 2002 FROM: DATE: RE: Bid# 02-067 - Airport Industrial Park - Sanitary Sewer System - Phase I Attached is the Engineer's recommendation for award of Bid # 02- 067, please proceed at your earliest convenience with BOCC approval. Let me know if you need anything else. THANKS JOHN D. GRUHN, DiSTrict NO.1· DOUG COWARD, District No.2· PAULA A. LE\)¡ 5. Disr,'icr 1'-10. J ~ FRANNIE ~Un:::HIN~,C:I\-L Ci:'(:~¡- ~'ic: ¿ ~:::~:F:: C,Äi'i:t:~ [:SiT:::: i-" _ County Adminisrrator Douglos ,',-,'¡. Anderson 2300 Virginia AvenIJe ~ Farr Pierce, FL 34982 } P·'ìcre :5·:]' j4é'2-'!1 :<:: . ,: "." ~ C. 'j::"''': ,jj =...\ '----<-0":'-' .......'-" "\ CONSULTING ENGINEERS Civil · Environmental · Transportation 3S04 lake l~nda Drive, Suite 410 Orlando, Fl 32817 8U5:(407)273·3661 Fax:(407)273-3662 I· '-' ,nw ....,¡ June 19,2002 SLC-007 -02 Bill Blazak Utilities Director S1. Lucie County Utilities 2300 Virginia A venue Ft. Pierce, Florida 34982 RE: Airport Industrial Park Sanitary Sewer System Improvements - Phase I Bidding SUBJECT: Recommendation of Award (Bid #02-067) Dear Mr. Blazak: On June 12,2002, the St. Lucie County received sealed construction bids for the above referenced project from three Contractors. The bidders and bid prices are as follows: · RK Contractors, Inc. - $75,125.00 · Jobear / Warden - $88,496.00 · Hutchinson Utilities Service Corp. - $109,922.58 Upon review of the bids, it was discovered that the bid proposal submitted by Jobear/Warden was not submitted using the correct bid form. Therefore, the Jobear/Warden bid is considered non- responsive and should thereby be eliminated from further consideration. The bid proposals of the two remaining bidders appear to be complete and properly executed. They have submitted proposals which appear to comply with the County's bidding requirements. While the County must verify these specific requirements, we believe that these bid proposals are in conformance in all-material respects to the invitation for bids and are therefore considered to be responsive bids. We obtained a list of references for the apparent low bidder, RK Contractors, Inc. and have contacted a number of the listed references. All of the responders for the listed references indicated that they were satisfied with the work completed by RK Contractors and that their workmanship was acceptable. All of the references indicated that RK Contractors would be considered for future contracts without any hesitation. , Bill Blaza'-' June 19,2002 Page 2 of 2 -.I Additional review of the bid proposals revealed that the bid quantity for Bid Item #8.0 is incorrectly stated as two (2). The correct bid quantity for this item is four (4). Thus, the actual quantity for Bid Item #8, which will be installed by the Contractor for this contract, is four. At the unit bid price of $2,500.00 for the apparent low bidder, RK Contractors, the additional two units to be installed under this contract will add $5,000.00 to the total bid price, if RK Contractors is awarded the contract. This additional price should be considered when awarding the project. In summary, based on our review of the bids, our discussions with RK Contractors directly, and our survey of references for previously completed similar projects by RK Contractors, we find that RK Contractors, Inc. is the lowest, responsible, responsive bidder and is qualified to complete the work. Therefore, we recommend that the above referenced construction contract be awarded to RK Contractors, Inc. for the contract amount of $75,125.00 plus $5,000.00 for the additional two units to be installed under Bid Item #8, for a total contract price of $80,125.00. If you have any questions or comments, please contact me at your earliest convenience. Sincerely, Inwood Consulting Engineers, Inc. é~ Project Manager ~ Bid Tabulation ...., St. Lucie County Airport Industrial Park Sewer Collection System Improvements - "Phase 1 n SLC Bid #02-067 Bid Date: 6-12-02 1.0 Mobilization, bonds, permits, etc. L.S. $3,000 $3,000.00 $8,647 $8,647.06 2.0 8' PVC Sanitary Gravity Sewer, 0 to 6 feet 220 L.F. $35.00 $7,700.00 $28.63 $6,298.60 deep 3.0 8' PVC Sanitary Gravity Sewer, 6 to 10 feet 650 L.F. $40.00 $26,000.00 $41.53 $26,994.50 deep 4.0 Standard Sanitary Manhole, 0 to 6 feet deep Ea. $2,800 $2,800.00 $3,202 $3,202.16 5.0 Standard Sanitary Manhole, 6 to 10 feet 3 Ea. $3,000 $9,000.00 $3,938 $11,812.65 deep 6,0 Single Sanitary Sewer Service Lateral for 6 Ea. $1,200 $7,200.00 $2,134 $12,802.08 Connection to Existing Building 7.0 Abandon Existing Septic Tank and Drain 6 Ea. $750 $4,500.00 $1,547 $9,284.58 Field Asphaltic Pavement Crossing - Remove and 8.0 Replace Roadway sub-base, base material, 2 Ea. $2,500 $5,000.00 $5,496 $10,992.76 and asphaltic pavement and provide asphalt overlay as required by the Drawings 9.0 Remove and Replace Concrete Pavement or 190 S.Y. $30.00 $5,700.00 $37.19 $7,066.10 Driveway 10.0 Solid Sodding 900 S.Y. $2.75 $2,475.00 $4.26 $3,834.00 11.0 Execution of Division 1 - 'General L.S. $500 $500.00 $6,808 $6,807.59 Requirements' 6" DIP Sanitary Sewer Service Lateral for 12.0 use where vertical clearance from existing 50 L.F. $25.00 $1,250.00 $43.61 $2,180.50 water main cannot be maintained TOTAL BASE BID PRICE inclusive of Items 1.0 throu $75125.00 $109 922.58 Plus Allowance for additonal two units to be supplied under Bid Item #8 - $5,000 $10,992.76 Total Bid Amount with additional 2 units for item #8 - $80.125.00 $120.915.34 .. AGENDA REQUEST ..,.rEM NO. C-7-B DATE: July 9, 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. 02-057, Security and Fire Alarm System Improvements and Replacements for St. Lucie County Correctional Facility BACKGROUND: On May 22, 2002 bids were opened for Security and Fire Alarm System Improvements and Replacements for St. Lucie County Correctional Facility. This bid was issued to the six (6) pre- qualified firms approved by the Board of County Commissioners on February 6, 2002. Three (3) bids were received. The Central Services Department and the engineer of record (Sims Wilkerson Engineering, Inc.) have reviewed the bids received and recommend that the bid be awarded to the low bidder, Norment Security Group, Inc., in the amount of $1,962,000. Recommendation and tabulation attached. FUNDS AVAILABLE: Funds in the amount of $445,872 are available in Rock Road Detention Center Improvements Account No. 316-1940-546200-1527. The balance will be made available once staff secures the loan proceeds. PREVIOUS ACTION: See Agenda Item C-9 RECOMMENDATION: Contingent upon the Board approving Agenda Item C-9, staff recommends award of Bid No. 02-057, Security and Fire Alarm System Improvements and Replacements for St. Lucie County Correctional Facility to the low bidder, Norment Security Group, Inc., in the amount of $1 ,962,000 and authorization for the Chairman to sign the contract as prepared by the County. COMMISSION ACTION: [ ] APPROVED [] DENIED ~. OTHER: Pulled prior to meeting. ...-... County Attomey:(X) I~/ Coordination/Signatures Mgt. & Budget (Xl 'µfiJ 1YJrvt.)-- Other: ') Purchasing Mgr.:(X) /./---- Other: Originating Dept:: Finance: (Check for Copy only, if Applicable) Eft. 1/97 Z Z \ c c c 3: 3: 3: OJ OJ OJ m m m ;:0 ;:0 ;:0 0 0 0 " " " ~ OJ 0 c a 0 en c 3: "tI ;:0 0 > m 0 z 0 c m 3: m <: m en m Z 0 C c;J C > C , ~ " m ;:0 !::' OJ C -I m !::' w Ø) Ø) enm c...CIJ :J:z >)> ~m >0 zCIJ "s: ~;;o ~-t eno <s: -1m ~O mm 0;;0 <- ,;:oz z' -0 -z 3:-1 9:e I=-t cCIJ !"m ;;!m "C) m z '$! 0 CIJ c - -t ;;0 Z m ~ -I m 0 C) CIJ C) < ~ -< ;;0 m CIJ 0 Z -t C 0 m m ""D 0 0 s: ~ ;;0 CIJ - CIJ CIJ Z -< 0 CIJ -I m s: sn - z 0 . ~ ~ ~ 1'1.) 1'1.) - m '",þ. 0 (ø ~ co CD en ~U'1 0 1'1.) :... ~ m CD 0 ~ CD 0 0 0 CD 0 . 0 0 0 0 0 0 0 0 ~ C ""D m ""D m z C) Z -I ~ m ~ 0 0 .. . m s: CIJ CIJ m -I ~ ~ 0 1'1.) -t ,!') 0 :I: m m 1'1.) CIJ CIJ 0 0 ~ 1'1.) · @ C N Q .. m 0 0 0 ""D 0 m s: c z -to -I »» -< m;;O 0 cO 0 ·0 ;;0 ~"'CIJ ;;0 -o~ m 00. 0 Zcc :::! ClJzo 0 :I:~ffi z » moO · ~oo ." ,s:c » ms:z 0 6Cii~ - · ~ oCIJ N- -< ,0 CIJ Oz U'Im m .....;;0 0 c CIJ ;;0 ~ CIJ -< CIJ -I m s: , '-' ..",; '- Sims Wilkerson Engineering, Inc. 1555 Howell Branch Road, Suite A-I Winter Park, Florida 32789-1170 (407) 645-1566 Fax (407) 645-2399 June 26, 2002 St. Lucie County Purchasing Division 2300 Virginia Avenue Fort Pierce FL 32982 Attention: Mr. Michael A. Rath, Director Reference: Security and Fire Alarm Systems, Improvements, and Replacement St. Lucie County Correctional Facility SWE #01098 Subject: Contract Award Dear Mr. Rath: The County received three bids for the above reference project on May 15,2002. The amounts of these are as follows: 1. 2. 3. Norment Security Group SEMCO Integrated Systems, Inc. $1,962,000.00 $2,090,709.00 $2,485,990.00 Each of these bidders had been pre-qualified by the County through established procedures. The bids from SEMCO and Integrated Systems, Inc. were not completely filled as required in Section 00110 Bidder's Check List. SEMCO was missing Section 110 and 480 and did not indicate if they had received addendum 1 through 5. Integrated Systems Inc. did not complete Section 110. Norment Security Group submitted the lowest bid and no irregularities in their bid have been noted; therefore, we recorrunend award of the Contract to Norment Security Group. Sincerely, SIMS WILKE~RSON E~GINEJERING' INC. , . ~ ! _ r i /Jo-z,¡j- ~ ...../ L-1./ ,,/.. :c; ..........- Howard W. Sims, P.E. President cc: Paul Julin, SLC Central Services Anthony Frassetta, Vitetta \.,.; AGENDA REQUEST ~M NO. C-7-C ... DATE: July 9,2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Purchasing Michael Rath. Purchasing Director SUBJECT: Award of Bid No. 02-080, Purchase of One (1) Propane Fuel Generator BACKGROUND: On June 19, 2002 bids were opened for the purchase of one (1) Propane Fuel Generator for the Parks and Recreation Department, Sports Complex. Six hundred thirty-four (634) vendors were notified, forty-three (43) bid documents were distributed and six (6) bids were received. The Parks and Recreation Department has reviewed the bids received and has determined that the generator submitted by the low bidder, Zabatt, Inc., did not meet the minimum specifications of performance and recommends that the bid be awarded to the next low bidder, CJ's Sales & SeNice Co., in the total amount of $18,832. Recommendation and tabulation attached. FUNDS AVAilABLE: Funds are available in Sports Complex Fund, Machinery & Equipment Account No. 461-75201-564-000-700 (EQ No. 02-221). PREVIOUS ACTION: On May 28, 2002 the Board of County Commissioners approved Equipment Request No. 02-221, Budget Amendment No. 02-135, and authorized the issuance of the Bid. RECOMMENDATION: Staff recommends award of Bid No. 02-080 for the Purchase of One (1) Propane Fuel Generator to CJ's Sales & SeNice Co., in the total amount of $18,832. County Attomey.(X) 11 / v~ Coordination/Signatures Mgt. & Budget (Xl ;0 ...-1YVn9 Other: / ---' COMMISSION ACTION: . . IX APPROVED [] DENIED [ ] OTHER: Originating Dept: Purchasing Mgr.:(X) Other: 'í/' I,,.~ Finance: (Check for Copy only, If Applicable) Eff.1/97 .. '-' '...I , ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS TABULATION SHEET - BID 02-080 PURCHASE OF ONE (1) PROPANE FUEL GENERATOR PARKS & RECREATION OPENED: JUNE 19, 2002 @ 2:00 PM AUTO TRANSFER VENDORS BASE BID SWITCH TOTAL ZABATT, INC" ORLANDO, FL $16,038.00 $1,567.81 $17,605.81 CJ'S SALES AND SERVICE CO., OCALA, FL $17,477.00 $1,355.00 $18,832.00 R. B. GROVE, INC., MIAMI, FL $17,818.00 $1,650.00 $19,468.00 DIETZ ENTERPRISES, STUART, FL $17,850.00 $3,750.00 $21,600.00 STANDBY SYSTEMS INC., MELBOURNE, FL $19,293.75 $1,790.00 $21,083.75 NEXTGEN POWER SYSTEMS, INC., HAMILTON, NJ $20,781.00 $2,114.00 $22,895.00 NUMBER OF COMPANIES NOTIFIED": NUMBER OF BID DOCUMENTS DISTRIBUTED": NUMBER OF BIDS RECEIVED: 'per demandstar.com 634 43 6 , , .....J I Parks and Recreation Department Memorandum To: Pete Keogh, Parks & Recreation Director From: Nelson Parrett, Electrician Through: James Cummings, Parks Manager Subject: Bid #002-080 - Purchase of One (1) Propane Fuel Generator Date: June 26,2002 Upon evaluation of specifications (Engine and Generator Head) as rendered by the six vendors provided, we find the following conclusions: Vendor #1, Zabatt, Inc., represents a unit that is lowest in price but falls short of the performance required, with prime delivery of only 96 amps/480 volts. Please disqualify. All other vendors meet the load capability as previously outlined by load calculation, with R. B. Grove, Standby Systems, and Nextgen representing larger units at 100 KW, 90KW, and 100 KW respectively. CJ's Sales and Service, representing the second lowest quote, represents a unit that meets all technical prerequisites, with the best price on the best transfer switch on the page. /~~ NP:bjh Jj' , ....J Parks and Recreation Department Memorandum To: Pete Keogh, Parks & Recreation Director From: Nelson Parrett, Electrician Subject: Emergency Power System, Mets Stadium Date: June 26, 2002 The original electrical system, as engineered by the architect, provided for an emergency system sufficient only for the normal power out evacuation of the public to meet the State Fire Marshal's requirements under NFPA 110, which basically means that timely lighting and direction of egress be in place with adequate equipment and duration. The present scope of project is to provide an adequate emergency power supply and components to make this facility functional as a rally point and emergency service center, having the use of lighted locker rooms, perimeter driveway lighting, Mets and County offices, fire alarm, communications, and ingress and egress lighting. In addition to the purchase of Genset and switch, the following components have to be purchased to complete scope: Vendor installed fuel tank and system $ 3,000.00 Lighting package for compliance NFP A 110 1,663.00 (4) 600V fused manual transfer switches to service both locker room lights, perimeter lights, and transformer feed circuit 3,200.00 (4) 300V fused manual transfer switches to service County and Mets offices, house essential circuits, fire alarm and communications 2,500.00 A transformer has to be installed to service distribution for house essentials and offices 1,800.00 Component Total $12,163.00 Hardware, operational and raceway materials 7,500.00 TOTAL REQUIRED $19,663.00 /.. :7~~ NP:bjh ..V; " . C.4.,., ,.-..- !..o'- " '--' AGENDA REQUEST ~M NO. C-7-D ~ DATE: July 9,2002 REGULAR [ 1 PUBLIC HEARING [ 1 CONSENT [Xl TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Purchasinq Michael Rath, Purchasinq Director SUBJECT: Award of RFP No. 02-076, Operation of Fairwinds Restaurant BACKGROUND: On June 19, 2002, proposals were opened for the Operation of Fairwinds Restaurant. Five hundred forty-nine (549) vendors were notified, nine (9) proposal documents were distributed and two (2) proposals were received (tabulation attached). The Evaluation Committee met on July 2,2002, to review and rank the proposals based on the criteria set forth in the Request for Proposal (RFP). Based upon the proposals submitted, the Committee unanimously recommends approval for staff to negotiate an agreement with ZGolf Food & Beverage Services. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval to negotiate an Agreement with ZGolf Food & Beverage Services for the Operation of Fairwinds Restaurant, and authorization forthe Chairman to sign the contracts as prepared by the County Attorney. COMMISSION ACTION: lXJ APPROVED [] DENIED [ ] OTHER: County Attomey.(X) J~ Coordination/Signatures Mgl. & Budget (X) ¡1./J ~ 0 / Originating Dept: Finance: (Check fbr Copy only, if Applicable) Other: Á (7 I.....J~ Purchasing Mgr. :(X) Other: Eft. 1/97 ~ ....J ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS TABULATION SHEET - RFP #02-076 OPERATION OF FAIRWINDS RESTAURANT PARKS & RECREATION OPENED: JUNE 19,2002 @ 2:00 P.M. THE FOLLOWING VENDORS RESPONDED TO THE RFP: 1. LINDA M. CRAIG FORT PIERCE, FL 2. ZGOLF FOOD & BEVERAGE SERVICES CAMARILLO, CA NUMBER OF COMPANIES NOTIFIED*: 549 NUMBER OF BID DOCUMENTS DISTRIBUTED*: 9 NUMBER OF BIDS RECEIVED: 2 * PER DEMANDSTAR.COM C:\MYFILES\BIDTAB.WPD \.,t ...,J . --~.. .. .... D o ~ AGENDA REQUEST ITEM NO. C-8 DATE: July 9,2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] PRESENTED BY: ~~~1.-~oL- County Engineer "INVESTMENT FOR THE FUTURE" TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): PUBLIC WORKS DEPT. SUBJECT: . Work Authorization No. 11 to the continuing engineering agreement with Jenkins and Charland, Inc. to provide an evaluation of Bridge ID 940015, Selvitz Road over Ten-Mile Creek. The evaluation will provide a review of the overall condition of the bridge as well as a projection of the feasible service life. . BACKGROUND: A list of needed bridge repair and replacement projects was approved by the BOCC under the "Investment for the Future" program. Selvitz Road over Ten-Mile Creek is one of the bridges on this list. FUNDS AVAILABLE: Funds will be made available in Fund No. 101003-41133-563005-4905 Transportation Trust I Local Option Bridge Maintenance. . PREVIOUS ACTION: No previous action has been taken. RECOMMENDATION: Staff recommends the Board approve Work Authprization No. 11 with Jenkins and Charland, Inc. for engineering services to provide an evaluation ofthe Selvitz Road over Ten-Mile Creek Bridge, Bridge ID 940015, in the amount of $1,200.00, and a Ize the Chairman to sign. œ APPROVED [] OTHER [] DENIED o 9í3 Añderson, County Administrato!/ /J [x] Mgt & Budget f.¡l() Ir:~ [x] OrIginating Depl Public Works ~. [x] Budget & Rev. Coor. ~ PI" COMMISSION ACTION: ~ [x] Project. Man. (J.Q# (Check for copy only, if applicable) [x] County Attorney "'" """" .... WORK AUTHORIZATION NO. 11 Engineering Services Related to Bridge Evaluation and Design COO-12-159 Professional Services for the Evaluation of Bridge # 940015 Selvitz Road over 10 Mile Creek Pursuant to that certain Agreement Between County and Engineer for Engineering Services (the "Agreement") between St. Lucie County (the "County") and Jenkins and Charland, Inc. (The "Engineer") dated December 5, 2000, the Engineer agrees to provide the Scope of Services described in Exhibit A for the Compensation described in Exhibit B. All services provided under this Work Authorization shall be completed according to the schedule described in Exhibit C. IN WITNESS WHEREOF, the County has hereunto subscribed and the Engineer has afftxed his, its, or their names, or name, on the dates below. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY 7%/' / ' ~~/- . L- ;¿ce~~ ENGINEER ~~ /' /' h " / BY: '-~ // . /I. Print Name: r-h/l~ C MZ<.,I.-<-- /'{; Jenkins and Char~d ~~ / Date: ¿ .~~ '7æ...-,,-- ( / L J\..JKINS & - CHARLAND .... INCORPORATED Consulting Engineers .."" Structural - Civil WORK AUTHORIZATION NO. 11 EXHIBIT A Date: June 25,2002 SCOPE OF SERVICES SECTION I: GENERAL SCOPE STATEMENT The CONSULTANT shall provide planning assistance to the COUNTY with the bridge improvement program by evaluating the condition of Bridge No.940015 (Selvitz Road over Ten- Mile Creek) and recommending appropriate remedial action. SECTION II: SPECIFIC TASKS Task 1: Make a cursory inspection ofthe bridge to compare with the recent and past FDOT reports and to compare with the conditions we found with our previous inspections conducted approximately 4 and 9 years ago. Review posting requirements. Task 2: Provide a professional opinion of the remaining practical service life of the bridge and recommendation for remedial action. (Repair or replacement) Ifrepairs are recommended, provide a professional opinion of the extension of service life of the bridge that would result from the repairs. Prepare a written report of our findings and recommendations. 12381 Cleveland Avenue, #204, Fort Myers FL 33907 (239) 939-1414 . Fax (239) 278-4289 E-mail: flm@jcengineers.com CA: 00000650 Fort Lauderdale FL . Fort Pierce FL Jacksonville FL . Tampa FL Sarasota FL L J~IN5 & CHARLAND . INCORPORATED . - Consulting Engineers .~ Structural - Civil EXHIBIT B Date: May 29, 2002 Br. # 940015 The COUNTY shall compensate the CONSULTANT for providing and performing the Tasks set forth and enumerated in EXHIBIT "A" entitled "SCOPE OF SERVICES" as follows: Task Number Task title Amount of Compensation Type of Compensation 1. Evaluation $820 Lump Sum 2. Recommendations & Report $380 Lump Sum GRAND TOTAL $1,200 12381 Cleveland Avenue, #204, Fort Myers FL 33907 (239) 939-1414 . Fax (239) 278-4289 E-mail: ftm@jcengineers.com CA: 00000650 Fort Lauderdale FL . Fort Pierce FL Jacksonville FL . Tampa FL Sarasota FL - " /' AGENDA REQUEST ...",¡ ITEM NO. C- 9 DATE: July 9,2002 REGULAR PUBLIC HEARING [ CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie Gouin SUBJECT: Rock Road Security System Improvement Loan BACKGROUND: The Office of Management and Budget has received proposals from six financial institutions interested in providing financing for the Rock Road Detention Center Security System Upgrade project. Upon reviewing the terms of each and after consulting with Bill Leedy, County Financial Advisor, staff recommends the Board accept Option 1 of the First Union NationaIlWachovia Bank proposal. FUNDS AVAILABLE: See Agenda Item C-7-B PREVIOUS ACTION: None. RECOMMENDATION: Staff recommends the Board accept Option 1 of the First Union National BankIW achovia Bank proposal and authorize the County Administrator to sign the commitment letter on their behalf. 2 attachments: Letter from Bill Leedy, County Financial Advisor First Union Commitment letter [ ] APPROVED [] DENIED [~ OTHER: , Pulled prior to meetinq. COMMISSION ACTION: County Attorney: XX Coordination/S ignatures Management & Budget: ~ Purchasing: Originating Dept: Public Works: Other: HR Finance: (Check for Copy only, if applicable) XX G:\Budget\WP\AGE!'\DA'S\Agenda02\7'9 Loan Proposal.wpd /,./ , "" '...." AGENDA REQUEST ITEM NO. C-l0f1 DATE: July 9,2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [xx] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Treasure Cove/Ocean Harbour South MSBU Public Utility Easements for Wastewater Facilities Ingravallo - Tax I.D. 1423-601-0002-000/1 - Resolution No. 02-11 Kodsi - Tax I.D. 1423-130-0001-000/9 and 1423-130-0002-000/6 - Resolution No. 02-12 Kodsi - Tax I.D. 1423-130-0003-000/3, 1423-130-0004-000/0, 1423-130-0006-000/4, 1423-130-0007-000/1 and 1423-130-0009-000/5 - Resolution No. 02-13 Langer - Tax I.D. 1423-120-0025-000/2 and 1423-130-0005-000/7 - Resolution No. 02-14 Ocean Harbour South Condominium Owner's Association - No Tax I.D. - Resolution No. 02-15 Ocean Harbour Villas Owners Association - Tax I.D. 1423-120-0012-000/8 - Resolution No. 02-16 Shriners Hospitals -Tax I.D. 1423-130-0008-000/8 - Resolution No. 02-17 Tabor -Tax I.D. 1423-120-0026-000/9 - Resolution No. 02-18 Treasure Cove Dunes Condominium Association - No Tax I.D. - Resolution No. 02-19 BACKGROUND: The property owners of the Treasure Cove Dunes Condominium, Ocean Harbour South and Ocean Harbour Villas, along with private land owners petitioned St. Lucie County to establish a Municipal Service Benefit Unit (M.S.B.U.), for the purpose of St. Lucie County Utilities providing wastewater improvements to their properties. The petition received represents sixty-one (61'Yo) percent in support of the project. Presently, the condominiums are operating individual wastewater package plants. One plant is currently under violation with DEP and the others need to be reconditioned. In accordance with the requirements of the Indian River Lagoon Act, existing package plants located along the Indian River are sources of potential pollution and must connect to a regional wastewater treatment facility as soon as one becomes available. Property owners were requested to donate the Public Utility Easements for Wastewater Facilities to keep the project costs as low as possible. FUNDS AVAIL.: N/A PREVIOUS ACTION: January 27, 1998 - Board accepted the MSBU Petition and granted permission to advertise the Initial Public Hearing. February 24, 1998 - Initial Public Hearing held. Board created MSBU and authorized County Engineer to proceed with project. · '-" ...., ~ ~ ~ w~~ ~ ,I,I?~?,H,~ r¡d June 24, 2002 Ms. Marie Gouin Management and Budget Manager S1. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982-5652 Re: Rock Road Jail Security System Financing Dear Ms. Gouin: On Friday, June 21, we received responses to a Request For Proposal (RFP) to provide the financing for the new security system at Rock Road Jail. The bank loan will be amortized over 10 years, and the security will be a covenant by S1. Lucie County to budget and appropriate the required debt service payments from legally available non-ad valorem revenues each year. As shown on the enclosed attachment, a total of six bids were received. It would appear that the bid of First Union National Bank. is low, with a fixed rate of 4.71 % under current market conditions. The second place bid was from SunTrust, at 4.78%. First Union also included an option giving the County the right to prepay the loan without penalty after 2007, at a fixed rate of 5.07%. Because there are no immediate plans to prepay this loan, we recommend that the County approve the 4.71 % option, thereby saving 36 basis points per year. We therefore recommend approval of the First Union National Bank. proposal for this financing. Please call if you have any questions or need additional information. Sincerely, WILLIAM R. HOUGH & CO. &ù~ Loomis C. Leedy, III First Vice President ~,~~!:;~Si~{~·~~:ir~u.?·:~;r - 2 '2C\'( LCL:mkr " _ .:..'';' _,.1.-.:: ;':L0;";.¡)A Landmark Centre II, 225 East Robinson Street, Suite 46S, Orlando FL 32801-4322 Toll Free 800624-8836 Local, 407 4n-S16l Fm" 407422-S659 MEMBER ~ASD/SlrC ~ '-" St. Lucie County, Florida Rock Road Jail Security System Financing Results of Request For Proposals Banking Additional Terms and Institution Proposed Rate Costs Conditions First Union Option I - 4.71% $2,500 legal · l.5x coverage National Prepayable at any time at on covenant debt. Bank prepayment penalty IF interest rates · Standard bank are lower at time of prepayment. "gross up" Option II - 5.07% Prepayable after language. 2007 at no prepayment penalty. SunTrust Option I - 4.78% Prepayable at any $3,000 legal · 2.0x coverage time at prepayment penalty IF on covenant debt. interest rates are lower at time of · Standard bank prepayment. "gross up" Option II - 5.057% Prepayable at language any time without penalty. Bank of Proposed rate - 4.83% Prepayable $1,500 legal · 1.75x coverage America at anytime at prepayment penalty IF of covenant debt interest rates are lower at time of · Standard bank prepayment "gross up" language. Harbor Proposed rate 5.91 % $2,500 legal Federal Riverside Proposed rate - 6.61 % $5,000 legal National Bank First Proposed rate - 7% $5,475 loan National fee Bank and Trust Company First - 'ion National Bank FL6~ Government Banking 1950 Hillsboro Boulevard 2nd Floor Deerfield Beach, Florida 33442 954 596-6900 ~ f~~:9' 2002 Ms. Marie Gouin Management and Budget Manager St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 Dear Ms. Gouin: First Union National Bank (the "Bank") is pleased to submit the Commitment described below to St. Lucie County (the "County") subject to the following terms and conditions: As of April 1,2002 First Union National Bank has changed its name to Wachovia Bank, National Association. All loan documents will be prepared in that name. Borrower: St. Lucie County, Florida Amount: $2,190,000 Facility: Term Loan Purpose: To provide financing for the acquisition and installation of a new security system at the Rock Road jail facility. Term: Interest payments will be payable semi-annually commencing February 1, 2003 and each February 1 and August 1 thereafter. Principal will be payable annually commencing August 1, 2003 and each August 151 thereafter. All Principal and Interest will be due on August 1, 2012. Interest on the outstanding balance of the loan will be calculated on a 30/360 day basis. Security: The Loan will be secured by a Covenant to Budget and Appropriate from legally available Non Ad Valorem Revenues. Interest Rate: Assumes Non- Bank Qualified Tax Exempt Obligation Option 1: Indication Fixed Rate: 4.71% The above rate is an indication rate subject to change based on XSTLUCI $2MM Jail.DOC ~ ..."" market conditions. The actual rate will be set three days prior to closing and will approximate 80% of the 1 O-year US Dollar Swap Offering Rate plus 81 basis points. Ootion 2: Indication Fixed Rate: 5.07% Should the above rate be chosen, the County will have to ability to prepay this loan in whole or in part after year August 1 r 2007 and on any principal payment anniversary date thereafter, but only on those dates. The above rate is an indication rate subject to change based on market conditions. The actual rate will be set three days prior to closing and will approximate 80% of the 10-year US Dollar Swap Offering Rate plus 117 basis points. Prepayment: Should the County choose Option 1 and prepay during the life of the loan, or choose Option 2 and prepay on any date other than the anniversary dates indicated above, the County may incur a breakage fee as outlined in Exhibit A. Conditions 1. The County, by official action, shall approve entering into this commitment and the loan facility described herein 2. In the event that the interest on any drawing under this Commitment is ever determined to be taxable for purposes of federal or state income taxation, or in the event that any or all of the interest on any drawing under this Commitment is deemed to be included in the gross income of the Bank for federal or state income taxation, or in the event the Bank is unable to deduct any other amounts as a result of purchasing or carrying any borrowings resultant from the Commitment, or in the event of a change in the marginal tax rate applicable to corporations or the alternative minimum tax rate or in the method prescribed by federal income tax laws for calculating the alternative minimum tax to which the Bank may be subjectr or in the event of any action which would otherwise decrease the after tax or taxable equivalent yield to the Bank, the interest on this Commitment shall be subject to a full gross up modificationr as determined by the Bank and its counsel. In no event, however, shall the interest rate on this Commitment exceed the maximum rate permitted by law. 3. All legally available Non-Ad Valorem Revenues shall mean all revenues of the County derived from any source whatsoever, other than Ad Valorem taxation XSTLUCI $2MM Jail.DOC 2 '-'" .., on real and personal property, which are legally available to make the loan repayments required under this proposal, but only after provision has been made by County the for payment of services and programs which are for essential public purpose affecting the health welfare and safety of the inhabitants of the County or which are legally mandated by applicable law. 4. The average of the prior two years legally available Non Ad Valorem Revenues, as defined above, must cover existing and projected annual debt service on debt secured by and/or payable from such Revenues by at least 1 .5x. The County will certify its compliance with this requirement annually. 5. Legal opinions relating to this facility shall be prepared by Bond Counsel listed in "The Bond Buyer's Municipal Marketplace", (Red Book), and shall be in such form and content as are acceptable to the Bank and its counsel. Bank counsel fees shall not exceed $2,500. All costs relating to the preparation of documents and to otherwise complete this transaction shall be paid for by the County. Documents shall be available for review at least 5 business days prior to closing. 6. On an ongoing basis, the County agrees that it shall deliver to the Bank, when available, or within 180 days of each fiscal year end, which ever is sooner, Annual Financial Statements or Comprehensive Annual Financial Report if available, a Current Year Operating Budget and a Capital Improvement Plan and Compliance Certification. 7. This Commitment shall remain in full force and effect through 3:00 p.m., local time, July 18, 2002, at which time, if not accepted by execution of the acceptance clause below and mailed to the Bank at its 1950 Hillsboro Blvd., Deerfield Beach, FL 33442 , office to my attention, this Commitment shall expire and shall not be enforceable by either the Bank or the County unless extended by the Bank in writing. Unless extended by the Bank in writing, this facility must close on or prior to August 30, 2002 after which this commitment shall expire. 8. If the Bank chooses to waive any covenant, paragraph, or provision of this Commitment, or if any covenant, paragraph, or provision of this Commitment is construed by a court of competent jurisdiction to be invalid, it shall not affect the applicability, validity or enforceability of the remaining covenants, paragraphs or provisions. 9. The preceding terms and conditions are not exhaustive. Any final commitment may include other covenants, terms and closing conditions as are customarily required by the Bank for similar transactions including but not limited to a cross default with like secured debt, default rate, events of default and acceleration upon default. This Commitment Letter shall not survive closing. XSTLUCI $2MM Jail.DOC 3 '" ....., 10. The County represents and agrees that all information provided to the Bank is correct and complete. No material adverse change may occur in, nor may any adverse circumstance be discovered as to, the financial condition of the County prior to closing. The Bank's obligations under this Commitment are conditioned on the fulfillment to the Bank's sole satisfaction of each term and condition referenced by this Commitment. 11. This Commitment supersedes all prior Commitments and proposals with respect to this transaction, whether written or oral, including any previous loan proposals made by the Bank or anyone acting within its authorization. No modification shall be valid unless in writing and signed by an authorized Officer of the Bank. This Commitment is not assignable and no entity other than the County shall be entitled to rely on this Commitment. First Union National Bank appreciates the opportunity to submit this Commitment to you and looks forward to your favorable response. Should you have any questions, please do not hesitate to contact me at (954) 596-6901. Best Regards, FIRST UNION NATIONAL BANK P¿¿uL!/~~ Paul Vincent Vice President Cc: Mr. Bill Leedy ACCEPT ANCE The above Commitment is hereby accepted on the terms and conditions outlined therein by authority of the Governing Board of the County: Please indicate the Interest Rate Option Selected: Option 1 : Option 2: By: Its: Date: XSTLUCI $2MM Jail.DOC 4 f . '-' ,.." EXHIBIT A In addition to principal, interest and any other amounts due under this Note, Borrower shall on demand pay to Bank any" Breakage Fee" due hereunder for each Break Event. "Break Event" means any voluntary or mandatory prepayment or acceleration, in whole or in part, of principal of this Note occurring prior to the date such principal would, but for that prepayment or acceleration, have become due ("Scheduled Due Date"). For each date on which a Break Event occurs ("Break Date"). a Breakage Fee shall be due only if the rate under "A" below exceeds the rate under "B" below and shall be determined as follows: Breakage Fee = the Present Value of l(A-B)xC) + UBOR Breakage, where: A= The rate per annum equal to the sum of (i) the bond equivaient yield (bid side) of the U.S. Treasury security with a maturity closest to the Maturity Date as reported by the Wall Street Journal (or other published source) on the date the Interest Rate of this Note was set ("Lock in Date"), Q!.y§ (ii) the corresponding swap spread of Bank on the Lock in Date for a fixed rate payor to pay Bank the fixed rate side of an interest rate swap of that maturity, Q!.y§ (Iii) .25%. B = A rate per annum equal to the sum of Iil the bond equivalent yield (bid side) of the U.S. Treasury security with a maturity closest to the Maturity Date as reported by the Wall Street Journal (or other published source) on the Break Date, Q!.y§ (ill the corresponding swap spread that Bank determines another swap dealer would quote to Bank on the Break Date for paying to Bank the fixed rate side of an interest rate swap of the maturity. C = The sum of the products of (I) each Affected Principal Amount for each Affected Principal Period, times (ii) the number of days in that Affected Principal Period divided by 360 (if this Note uses the Actual/360 Computation) or the actual number of days in the year (If this Note uses the Actual/Actual Computation). "Affected Principal Amount" for an Affected Principal Period is the principal amount of this Note scheduled to be outstanding during that Affected Principal Period determined as of the relevant Break Date before giving effect to the Break Event on that Break Date, and for any prepayment, multiplying each such principal amount times the Prepayment Fraction. "Affected Principal Period" is each period from and including a Scheduled Due Date to but excluding the next succeeding Scheduled Due Date, provided that the first such period shall begin on and inciudes the Break Date. "L/BOR Breakage" is any additional loss, cost or expense that Bank may incur with respect to any hedge for the fixed rate of this Note based on the difference between the London interbank offered rate (for U.S. dollar deposits of the relevant maturity) available in the London interbank market at the beginning of the interest period in which the Break Date occurs and that which is available in that market on the Break Date. "Maturity Date" is the date on which the final payment of principal of this Note would, but for any Break Event, have become due. "Prepayment Fracûon" is a fraction equal to the principal amount being prepaid over the principal amount of this Note outstanding immediately prior to that prepayment on the Break Date. "Present Value" is determined as of the Break Date using "B" above as the discount rate. In addition, a Break Event shall be deemed to occur hereunder if, on any date ("Borrowing Date") after the date hereof but prior to any acceleration of this Note, any advance of principal under this Note is scheduled to be made and that advance fails to be made on that Borrowing Date (whether due to Borrower's default, Borrower's failure to borrow, the termination of any loan commitment, any unsatisfied condition precedent, or otherwise). in which case that Borrowing Date shall be a Break Date, the Affected Principal Amount for that Break Event shall be based on the amount of the failed advance, and the Borrower shall on demand pay to the Bank any Breakage Fee due hereunder for that Break Event. Breakage Fees are payable as liquidated damages, are a reasonable pre-estimate of the losses, costs and expenses Bank would incur in the event of any prepayment or acceleration of this Note, are not a penalty, will not require claim for, or proof of, actual damages, and Bank's determination thereof shall be conclusive and binding in the absence of manifest error, For any Break Event hereunder, the foregoing Breakage Fee provisions supersede any breakage compensation agreement that Borrower and Bank may have executed with respect to this Note. XSTLUCI $2MM Jail.DOC 5 ~( July 9, 2002 Agenda Request Item No. C-10 PREVIOUS ACTION: RECOMMENDATION: '-' COMMISSION ACTION: _c4 l}C APPROVED [ ] OTHER: [XX] County Attorney: Originating Dept,: -....I September 4, 2001 - Board granted permission to advertise the Second Public Hearing. October 2, 2001 - Board adopted Resolution No. 01-215 approving the preliminary assessment roll and authorizing the County Engineer to proceed with construction of the project. June 25, 2002 - Board Awarded Bid No. 02-064 to the low bidder, Melvin Bush Construction, Inc., in the amount of $322,198. Staff recommends that the Board accept the Public Utility Easements for Wastewater Facilities, authorize the Chairman to sign Resolution Nos. 02-11, 02-12, 2-13, 02-14, 02-15, 02-16, 02-17, 02-18 and 02-19 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. [ ] DENIED ~ Review and Approvals [XX] Utilities Directo~. t.J)~f) [XX] MSBU:'t:..J::> Other: G: \ACQ\ WP\ YVONNE\MSBU\ TREASURE\Agenda 070902,wpd ~ ....¡ SHEET 14/14SX ....,-.- / ¡ ./ PARAGOft 11I2O-OCI04-<YXJ/9) I I I I I -------.,' . " (fZO<JOO6-{)(X)/ J) " ¡' / ·.....~_r... ~ c' '" ~~, ,..". '0 Ac 2M~· L I .L f· '. I '¡ ... IIJ()-{)()02-000/6J Kodsi IlJO-01XH<JO()/O) Kodsi o (' .... 7;. IIJIXJOO6-(J()()/4) Kodsi IIJ0{)(J(J8-(J()()/8) 00'" TL - ....28 Ac '.__ 2.tO%' ' _.__________,_.. lANO - 2.0 Ae I ~.~~'" ~iJIp . .3.6 Ac /7) (fJO<IOf7 -()()()/4J LAND ~ 2.07 Ac JOI9-<XXJ/8J -"- (fJD-0022-<XXJ/Zi '3."0'" COV 'l LOT l' (fJD-OOZS-<XJO/JJ (fJD-0024-(J()()/6J \ \ 1.47 ¡4!O-OÔÕ¡-(J()()/8J -I, ET 14/23SX I \1ll1_J1 \,.. lOC '-'ÐO' _100 , ~Il \ 'DQ\ ~- w_ o "' r"'-_ ,~ '" ." , PR£PARED Fllt & ASSESSMENT MAP D~AIlWIS(,,~tS~~PM"~ ~ ~ sr'l$:J$tS~~'R~~ff !:'.:'¡' "I' 1'1!'~" ¡"1"1" \y"g ,!.,,"'I, ~'TT """"Ill I:CW ~~D"~li""lII.R(SPl:IfSI8Il y'lJI EJlRCRS ~ CIiIISSI(ltS ®~. ~M~~~ ~(Q)~~~W, ~~(Q)WJ~[ö)~ SECT ION N 11 ~ OJ: :/13 TQWNSH IP 34 S. RANGE ~O ~. ~~ / ~~~ ¥xI~ IXU1J.S S. fIl lIM 51. LLCIE o:um PIU'ÐlTf APPN.15EFl SHEET NUr.ElER ~ .....,¡ RESOLUTION NO. 02-11 A RESOLUTION ACCEPTING A PUBLIC UTILITY EASEMENT FOR WASTEWATER FACILITIES ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT REsOLVED by the Board of County Commissioners of St. Lucie County, Florida, that: The foregoing PUBLIC UTILITY EASEMENT FOR WASTEWATER FACILITIES is duly accepted on behalf of St. Lucie County this 9 tn .TUL Y, 2002. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY; Chairman ATTEST: Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS: BY; County Attorney INGRAVALLO G: \ACQ\WP\YVONNE\MSBU\TREASURE\Resolution 02-11.wpd '-' ....,¡ This instrument prepared by: JoAnn Riley under the direction of Daniel S. McIntyre, County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 PROJECT: PARCEL ID NO: TREASURE COVE/OCEAN HARBOUR SOUTH MSBU 1423-601-0002-000/1 (part) PUBLIC UTILITY EASEMENT FOR WASTEWATER FACILITIES THIS EASEMENT, made this -I-- day of #;~, 2002, by MICHAEL If\JGRAVALLO and MARIE If\lGRAVALLO, his wife, individually and as Co-Trustees of the Jl'Jint Revocable Trust Agreement dated March 30, 1993, whose address is 2200 Silver Sands Court, Vero Beach, FL 32963, hereinafter referred to as GRANTOR, and ST. LUCIE COUNìY, a Political Subdivision of the State of Florida, 2300 Virginia Avenue, Fort Pierce, FL 34982, hereinafter referred to as GRANTEE. THIS EASEMENT replaces a PUBLIC UTILIìY EASEMENT FOR POTABLE WATER FACILITIES previously recorded in Official Record Book 1432, Page 1853. KNOW ALL MEN BY THESE PRESENTS that the undersigned, for and in consideration of the sum of Ten Dollars ($10.00), to them in hand paid, the receipt of which is hereby acknowledged, do hereby convey and grant to ST. LUCIE COUNìY, a Political Subdivision of the State of Florida, for the use and benefit of ST. LUCIE COUNìY, the privilege and easement for the installation, maintenance, operation, repair, replacement or renewal of a wastewater line and related facilities in, under, upon, over, and across the following described land in St. Lucie County, Florida, being more particularly described in Exhibit "A" attached hereto and made a part hereof. TO HA VE AND TO HOLD the same unto the Grantee, its successors and assigns forever. The Grantee may remove, cut or trim trees, bushes, and saplings growing upon or extending over said strip of land so far as may be reasonably necessary in the installation, maintenance, operation, repair, replacement, or renewal of any of the above mentioned utilities or improvements. Grantor hereby agrees that no further improvements shall be placed within the easement defined herein, nor shall any improvements damaged or removed from said easement be replaced within the easement area without the express written consent of the Grantee herein. Grantor further agrees that no new improvements shall be placed near the easement or utility improvements in such a manner so as to prevent the access to, and maintenance of, the utility lines or equipment by the Grantee, its agents, employees, contractors or assigns. Grantor further grants to the Grantee, its agents, employees, contractors or assigns, a general Ingress/egress easement over and across its driveways, parking, common or open areas, for the purpose of access to, and/or maintenance of, any of the Grantee's utility lines and equipment. . ",. -....I Subject to the provisions of Section 768.28, Florida Statutes, Grantee agrees to indemnify and hold harmless Grantor from and against any actions at law to recover damages in tort for money damages for injury or loss of property, personal injury, or death arising out of the installation, maintenance, operation, repair, replacement, or renewal of said utilities facilities, and the equipment connected therewith, over, under and across said easement areas and caused by the negligent or wrongful act or omission of any employee of Grantee while acting within the scope of his or her office or employment under circumstances in which Grantee, if a private person, would be liable to the claimant, in accordance with the general laws of the State of Florida. The undersigned hereby covenant and warrant that they own the said land and have the right to grant this easement, I IN WITNESS ~HERE9f, the undersigned Grantor has hereunto set their hand and seal this day of llJaAJ1(LJ, , 2002. GRANTOR: Witness Print Namej~ fV1 b £~ I y S. fa n ( E \( w~ };LISt- ~£f"J"(~~.f.4 MARIEINGRAVALL Print Name: LA i«"Y S-1é"",o,t-(c:(~ STATE OF FLORIDA COUNTY OF ST. LUCIE On this ~ day of /Yl~J) ,2002, MICHAEL INGRAVALLO and MARIE INGRAVALLO, his wife, individually and as Co-Trustees of the Joint Revocable Trust Agreement dated Marc ,199 personally appeared before me, who is p rsonally known to me, or who produced as identific tion and who did (not) take an oath. otary Public P,iot ""m<, K;Mhujy j Con (E-'( Commission expires: (seal) i}~Jt~Vllb"'c. ft'lm~é.rly S. COnlêV ~ ~. ;:; C01l1"!isslOn ;II CC 74~9ô5 -;",' Q~ Expires ~I~!y 11, 7.002 <' Or: n~·. .~()~Ir.·d) iHI1!J f. fl.!,,"! r-,¡-' t·..·,. '~". . . ,,-,..., lid" G: \ACQ\ WP\ YVONNE\MSBU\ TREASURE\Ingravallo \Corrected Easement,wpd '-' """ RESOLUTION NO. 02-12 A RESOLUTION ACCEPTING A PUBLIC UTILITY EASEMENT FOR WASTEWATER FACILITIES ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT REsOLVED by the Board of County Commissioners of St. Lucie County, Florida, that: The foregoing PUBLIC UTILITY EASEMENT FOR WASTEWATER FACILITIES is duly accepted on behalf of St. Lucie County this 9 tn JULY, 2002. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman ATTEST: Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney KODSI (2 PARCELS) G: \ACQ \ WP\ YVONNE\MSBU\ TREASURE\Resolution 02 -12. wpd '-' .....J. This instrument prepared by: JoAnn Riley under the direction of Daniel S. McIntyre, County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 PROJECT: PARCEL ID NO: TREASURE COVE/OCEAN HARBOUR SOUTH MSBU 1423-130-0001-000/9 and 1423-130-0002-000/6 (part) PUBLIC UTILITY EASEMENT FOR WASTEWATER FACILITIES THIS EASEMENT, made thisQ~day of ¡::;'j';)r'Ut:::l.r'-j ,2002, by MAURICE KODSI, individually and as Trustee, whose address is P. O. Box 320637, Cocoa Beach, FL 32932-0637, hereinafter referred to as GRANTOR, and ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, 2300 Virginia Avenue, Fort Pierce, FL 34982, hereinafter referred to as GRANTEE. THIS EASEMENT replaces a PUBLIC UTILITY EASEMENT FOR POTABLE WATER FACILITIES previously recorded in Official Record Book 1443, Page 1782. KNOW ALL MEN BY THESE PRESENTS that the undersigned, for and in consideration of the sum of Ten Dollars ($10.00), to them in hand paid, the receipt of which is hereby acknowledged, do hereby convey and grant to ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, for the use and benefit of ST. LUCIE COUNTY, the privilege and easement for the installation, maintenance, operation, repair, replacement or renewal of a wastewater line and related facilities in, under, upon, over, and across the following described land in St. Lucie County, Florida, being more particularly described in Exhibit "A" attached hereto and made a part hereof. TO HA VE AND TO HOLD the same unto the Grantee, its succeSsors and assigns forever. The Grantee may remove, cut or trim trees, bushes, and saplings growing upon or extending over said strip of land so far as may be reasonably necessary in the installation, maintenance, operation, repair, replacement, or renewal of any of the above mentioned uti Iities or improvements. Grantor hereby agrees that no further improvements shall be placed within the easement defined herein, nor shall any improvements damaged or removed from said easement be replaced within the easement area without the express written consent of the Grantee herein. Grantor further agrees that no new improvements shall be placed near the easement or utility improvements in such a manner so as to prevent the access to, and maintenance of, the utility lines or equipment by the Grantee, its agents, employees, contractors or assigns. Grantor further grants to the Grantee, its agents, employees, contractors or assigns, a general ingress/egress easement over and across its driveways, parking, common or open areas, for the purpose of access to, and/or maintenance of, any of the Grantee's utility lines and equipment. Subject to the provisions of Section 768.28, Florida Statutes, Grantee agrees to indemnify and hold harmless Grantor from and against any actions at law to recover damages in tort for money '-' ...J damages for injury or loss of property, personal injury, or death arising out of the installation, maintenance, operation, repair, replacement, or renewal of said utilities facilities, and the equipment connected therewith, over, under and across said easement areas and caused by the negligent or wrongful act or omission of any employee of Grantee while acting within the scope of his or her office or employment under circumstances in which Grantee, if a private person, would be liable to the claimant, in accordance with the general laws of the State of Florida. The undersigned hereby covenant and warrant that they own the said land and have the right to grant this easement. IN WITNESS WHEREOF, the undersigned Grantor has hereunto set their hand and seal this .!1Sì-t--, day of ~.Å~ ' 2002. Signed, sealed and delivered in the presence of: GRANTOR: ~~~ Witness Print Name: [l-I 2-A8crH !;,cH()(W/hAt-e:,e.. L-ß-¡ (jf1r¡O~ IJ, II,~ Witness Print Name: -rS--~~ 11.1(.,':) STATE OF FLORIDA COUNTY OF ST. LUCIE On this~day of p Öru~ ,2002, MAURICE KODSI, individually and as Trustee, personally appeared before me, who is personally known to me, or who produced as identification and who did (not) take an oath. Commission expires: (seal) V?Jl O/ì"'(;Jo ~, ¿uej Notary Public Print Name: &e,--ý)(O A- Vl' r:J ~"'1'1~1~",,, Ùœ¡o!! ~< BRHiDA A KING ª" . ~ ·"olary PLblic - State of Florida ';'!o: 7# I,Iy CoIr.rrllSS.oo Elpre&Jun 22. 2006 .~ (JP",< ""r"rrr..'à1\\' CommissIon" D00137804 - G:\ACQ\ WP\ YVONNE\MSBU\ TREASURE\Kodsi\Corrected Eosement.wpd '-' """ RESOLUTION NO. 02 -13 A RESOLUTION ACCEPTING A PUBLIC UTILITY EASEMENT FOR WASTEWATER FACILITIES ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that: The foregoing PUBLIC UTILITY EASEMENT FOR WASTEWATER FACILITIES is duly accepted on behalf of St. Lucie County this 9 th JULY, 2002. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman ATTEST: Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney KODSI (5 PARCELS) G: \ACQ\ WP\ YVONNE\MSBU\ TREASURE\Resolution 02-13. wpd .... ...",¡ This instrument prepared by: JoAnn Riley under the direction of Daniel S. McIntyre, County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 PROJECT: PARCEL ID NO: TREASURE COVE/OCEAN HARBOUR SOUTH MSBU 1423-130-0003-000/3, 1423-130-0004-000/0, 1423-130-0006-000/4, 1423-130-0007-000/1 and 1423-130-0009-000/5 (part) PUBLIC UTILITY EASEMENT FOR WASTEWATER FACILITIES THIS EASEMENT, made thisbBb. day of J:e p,-¡ .lAO~ ' 2002, by MAURICE KODSI, individually and as Trustee, whose address is P. O. Box 3206 ,Cocoa Beach, FL 32932-0637, hereinafter referred to as GRANTOR, and ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, 2300 Virginia Avenue, Fort Pierce, FL 34982, hereinafter referred to as GRANTEE. THIS EASEMENT replaces a PUBLIC UTILITY EASEMENT FOR POTABLE WATER FACILITIES previously recorded in Official Record Book 1426, Page 917. KNOW ALL MEN BY THESE PRESENTS that the undersigned, for and in consideration of the sum of Ten Dollars ($10.00), to them in hand paid, the receipt of which is hereby acknowledged, do hereby convey and grant to ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, for the use and benefit of ST. LUCIE COUNTY, the privilege and easement for the installation, maintenance, operation, repair, replacement or renewal of a wastewater line and related facilities in, under, upon, over, and across the following described land in St. Lucie County, Florida, being more particularly described in Exhibit" A" attached hereto and made a part hereof. TO HA VE AND TO HOLD the same unto the Grantee, its successors and assigns forever. The Grantee may remove, cut or trim trees, bushes, and saplings growing upon or extending over said strip of land so far as may be reasonably necessary in the installation, maintenance, operation, repair, replacement, or renewal of any of the above mentioned utilities or improvements. Grantor hereby agrees that no further improvements shall be placed within the easement defined herein, nor shall any improvements damaged or removed from said easement be replaced within the easement area without the express written consent of the Grantee herein. Grantor further agrees that no new improvements shall be placed near the easement or utility improvements in such a manner so as to prevent the access to, and maintenance of, the uti lity lines or equipment by the Grantee, its agents, employees, contractors or assigns. Grantor further grants to the Grantee, its agents, employees, contractors or assigns, a general ingress/egress easement over and across its driveways, parking, common or open areas, for the purpose of access to, and/or maintenance of, any of the Grantee's utility lines and equipment. '-' ,..¡ Subject to the provisions of Section 768.28, Florida Statutes, Grantee agrees to indemnify and hold harmless Grantor from and against any actions at law to recover damages in tort for money damages for injury or loss of property, personal injury, or death arising out of the installation, maintenance, operation, repair, replacement, or renewal of said utilities facilities, and the equipment connected therewith, over, under and across said easement areas and caused by the negligent or wrongful act or omission of any employee of Grantee while acting within the scope of his or her office or employment under circumstances in which Grantee, if a private person, would be liable to the claimant, in accordance with the general laws of the State of Florida. The undersigned hereby covenant and warrant that they own the said land and have the right to grant this easement. IN WITNESS WHEREOF, the undersigned Grantor has hereunto set their hand and seal this ;:)Õ~ day of J:(' V" t~ ' 2002. Signed, sealed and delivered in the presence of: GRANTOR: ~~luJ6. A~M~~ Witn s MAURICE KODSI, individually and as Trustee Print Name: /:: l/ 'tit be- TH !k.J-!oo/v mPr 1'-6' L , f6/l nrr(Y.Q ~(), ¡II fì-J Witness Print Name: &pnnto tCl.~ STATE OF FLORIDA COUNTY OF ST. LUCIE On this~day of ,2002, MAURICE KODSI, individually and as Trustee, personally appeared before me, who ersonally known to me, or who produced as identification and who did (not) take an oath. Commission expires: (seal) - ,-61P~ iJ.V1i~ Notary Public V Print Name: ßîP(lêY.D A .I(;,:} ..,"11'." '~œ~>!!" """ BRENDA A. KING I. ,~~otary P.Ub".·C - State 01 Florida \~ ,,} I,t¡ Commìsr.œ E.xpir9s Jun 22. 200e ''''ff,Irr.,~,t-.~~ CommIssion j D0013754 G:\ACQ\ WP\ YVONNE\MSBU\ TREASURE\Kodsi2\Corrected Eosement.wpd '-' ...¡ RESOLUTION NO. 02-14 A RESOLUTION ACCEPTING A PUBLIC UTILITY EASEMENT FOR W ASTEW A TER FACILITIES ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that: The foregoing PUBLIC UTILITY EASEMENT FOR WASTEWATER FACILITIES is duly accepted on behalf of St. Lucie County this 9 th JULY, 2002. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman ATTEST: Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney LANGER (2 PARCELS) G: \ACQ\ WP\ YVONNE\MSBV\ TREASVRE\Resolution 02-14. wpd \.f .J PROJECT: PARCEL ID NO: This instrument prepared by: JoAnn Riley under the direction of Daniel S, McIntyre, County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 ENGINEERIN TREASURE COVE/OCEAN HARBOUR SOUTH MSBU G 1423-120-0025-000/2 and 1423-130-0005-000/7 (part) PUBLIC UTILITY EASEMENT FOR WASTEWATER FACILITIES THIS EASEMENT, made this 71'lday of _ M-~R.e..tt ,2002, by E. ALBERT LANGER and ELIZABETH M. LANGER, his wife, whose address.is 6300 Rue De Lac, West Bloomfield, MI 48323-3523, hereinafter referred to as GRANTOR, and ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, 2300 Virginia Avenue, Fort Pierce, FL 34982, hereinafter referred to as GRANTEE. THIS EASEMENT replaces a PUBLIC UTILITY EASEMENT FOR POTABLE WATER FACILITIES previously recorded in Official Record Book 1426, Page 911. KNOW ALL MEN BY THESE PRESENTS that the undersigned, for and in consideration of the sum of Ten Dollars ($10.00), to them in hand paid, the receipt of which is hereby acknowledged, do hereby convey and grant to ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, for the use and benefit of ST. LUCIE COUNTY, the privilege and easement for the installation, maintenance, operation, repair, replacement or renewal of a wastewater line and related facilities in, under, upon, over, and across the following described land in St. Lucie County, Florida, being more particularly described in Exhibit "A" attached hereto and made a part hereof. TO HA VE AND TO HOLD the same unto the Grantee, its successors and assigns forever. The Grantee may remove, cut or trim trees, bushes, and saplings growing upon or extending over said strip of land so far as may be reasoiïably necessary in the installation, maintenance, operation, repair, replacement, or renewal of any of the above mentioned utilities or improvements. Grantor hereby agrees that no further improvements shall be placed within the easement defined herein, nor shall any improvements damaged or removed from said easement be replaced within the easement area without the express written consent of the Grantee herein. Grantor further agrees that no new improvements shall be placed near the easement or utility improvements in such a manner so os to prevent the access to, and maintenance of, the utility lines or equipment by the Grantee, its agents, employees, contractors or assigns. Grantor further grants to the Grantee, its agents, employees, contractors or assigns, a general ingress/egress easement over and across its driveways, parking, common or open areas, for the purpose of access to, and/or maintenance of, any of the Grantee's utility lines and equipment. '- ,...¡ Subject to the provisions of Section 768.28, Florida Statutes, Grantee agrees to indemnify and hold harmless Grantor from and against any actions at law to recover damages in tort for money damages for injury or loss of property, personal injury, or death arising out of the installation, maintenance, operation, repair, replacement, or renewal of said utilities facilities, and the equipment connected therewith, over, under and across said easement areas and caused by the negligent or wrongful act or omission of any employee of Grantee while acting within the scope of his or her office or employment under circumstances in which Grantee, if a private person, would be liable to the claimant, in accordance with the general laws of the State of Florida. The undersigned hereby covenant and warrant that they own the said land and have the right to grant this easement. undersigned Grantor has hereunto set their hand and seal this ,2002. ~<tÞdlR.~~ ELIZ H M. LANGER Print Name:~AVC £' Ta:.wG/2S On this ÞO¡''"t:JL day of LANGER, his wife, personally ap ,2002, E. ALBERT LANGER and ELIZABETH M. eared before me, who is personall~ known to mp pr who produced as ification and who did (not) take an oath. --. Print Name:;\19Æ/G é r3Yß>F-ß.S Commission expi (seal) OFFlOAL NOTARY SEAL JANE E BOWERS NOTARY PUBUC Sf.l.TE OF FLORIDA COMMISSION NO. CC836106 MY COMMISSION EXP. MAY 11 G:\ACQ\ WP\ YVONNE\MSBU\ TREA5URE\Langer\Corrected Easement.wpd '- >...I RESOLUTION NO. 02-15 A RESOLUTION ACCEPTING A PUBLIC UTILITY EASEMENT FOR W ASTEW A TER FACILITIES ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of Sf. Lucie County, Florida, that: The foregoing PUBLIC UTILITY EASEMENT FOR WASTEWATER FACILITIES is duly accepted on behalf of St. Lucie County this 9 th JULY, 2002. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman ATTEST: Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney OCEAN HARBOUR SOUTH CONDOMINIUM OWNER'S ASSOCIATION G: \ACQ\ WP\ YVONNE\MSBU\ TREASURE\Resolution 02-15.wpd '- -..I This instrument prepared by: JoAnn Riley under the direction of Daniel S. McIntyre, County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 PROJECT: PARCEL ID NO: TREASURE COVE/OCEAN HARBOUR SOUTH MSBU No Parcel ID No. assigned by Property Appraiser PUBLIC UTILITY EASEMENT FOR WASTEWATER FACILITIES THIS EASEMENT, made this Jrtl day of ("b(,,-..~y , 2002, by OCEAN HARBOUR SOUTH CONDOMINIUM OVvNER'S ASSOCIA TION, INC., a Florida Corporation, whose address is 28 North Caus'eway Road, Suite 3, Fort Pierce, FL 34946, hereinafter referred to as GRANTOR, and ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, 2300 Virginia Avenue, Fort Pierce, FL 34982, hereinafter referred to as GRANTEE. THIS EASEMENT replaces a PUBLIC UTILITY EASEMENT FOR POTABLE WATER FACILITIES previously recorded in Official Record Book 1438, Page 4. KNOW ALL MEN BY THESE PRESENTS that the undersigned, for and in consideration of the sum of Ten Dollars ($10.00), to them in hand paid, the receipt of which is hereby acknowledged, do hereby convey and grant to ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, for the use and benefit of ST. LUCIE COUNTY, the privilege and easement for the installation, maintenance, operation, repair, replacement or renewal of a wastewater line and related facilities in, under, upon, over, and across the following described land in St. Lucie County, Florida, being more particularly described in Exhibit "A" attached hereto and made a part hereof. TO HA VE AND TO HOLD the same unto the Grantee, its successors and assigns forever. The Grantee may remove, cut or trim trees, bushes, and saplings growing upon or extending over sûid strip of land so far as may be rGasonably necessary in the installatiùn, maintenance, operation, repair, replacement, or renewal of any of the above mentioned utilities or improvements. Grantor hereby agrees that no further improvements shall be placed within the easement defined herein, nor shall any improvements damaged or removed from said easement be replaced within the easement area without the express written consent of the Grantee herein. Grantor further agrees that no new improvements shall be placed near the easement or utility improvements in such a manner so as to prevent the access to, and maintenance of, the utility lines or equipment by the Grantee, its agents, employees, contractors or assigns. Grantor further grants to the Grantee, its agents, employees, contractors or assigns, a general ingress/egress easement over and across its driveways, parking, common or open areas, for the purpose of accesS to, and/or maintenance of, any of the Grantee's utility lines and equipment. '- ..., Subject to the provisions of Section 768.28, Florida Statutes, Grantee agrees to indemnify and hold harmless Grantor from and against any actions at law to recover damages in tort for money damages for injury or loss of property, personal injury, or death arising out of the installation, maintenance, operation, repair, replacement, or renewal of said utilities facilities, and the equipment connected therewith, over, under and across said easement areas and caused by the negligent or wrongful act or omission of any employe'e of Grantee while acting within the scope of his or her office or employment under circumstances in which Grantee, if a private person, would be liable to the claimant, in accordance with the general laws of the State of Florida. The undersigned hereby covenant and warrant that they own the said land and have the right to grant this easement. IN WITNEss WHEREOF, the undersigned Grantor has hereunto set their hand and seal this r'Jr day of 0, ,2002. GRANTOR: Signed, sealed and delivered 'n the presence of: OCEAN HARBOUR SOUTH CONDOMINIUM OWNER'S ASSOCIA N, INC. tness Print Name:J WI e.. &.f.fr& fo Dc NJ t-. (2.J;.e~ Witness Print Name: bL...Le 10 E. Log fr2 fS STATE OF FLORIDA COU~.JTY OF ST. LUCIE On thiS':)g' day of ~CLvy ,2002, ROBERT BARAGLIA, the President of OCEAN HARBOUR SOUTH CONDOMINIUM OWNER'S ASSOCIA TION, INC., a Florida Corporation, for and on behalf flf the corpoTtiorr,~onaIIY a~eared before me, who is personally known to me, or who produced \<'-0\')~\t T q'.b 4"-1 \ \ _ as identification and who did (not) take an oath. .~ ~ , ) , . _JLr- (\ , 1:kL.\ ~ No ary PUbliC~ ?Print Name: I Iv\ f\). ~IZ>--J i~ ~.... ,:,~~;~~ $~Y:"'~"4" KIM N. 'H ~ :.: '. , ...."RIS ~; 1·1b.·' .::~ MY COMMISSION ~ DD 0376. 0' -==""'·å....Q,:> EXÞIFI;,.." ;) ~~··"·if"". ':I,.i, .1\jJlé)7 >'005 "'.9!',f·~···' !)·V·:-,,; lìrlJivola....p 0;': ," n "I U",,; Unde"'rtlers Commission expires: (seal) G:\ACQ\ WP\ YVONNE\MSBU\ TREASURE\Ocean Harbour Sout Corrected Easement.wpd '- ¥ RESOLUTION NO. 02-16 A RESOLUTION ACCEPTING A PUBLIC UTILITY EASEMENT FOR WASTEWATER FACILITIES ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that: The foregoing PUBLIC UTILITY EASEMENT FOR WASTEWATER FACILITIES is duly accepted on behalf of St. Lucie County this 9 to JULY, 2002. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman ATTEST: Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney OCEAN HARBOUR VILLAS OWNERS ASSOCIATION G: \ACQ\ WP\ YVONNE\MSBU\ TREASURE\Resolution 02 - 16. wpd '-r This instrument prepared by: JoAnn Riley under the direction of Daniel S. McIntyre, County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 œ fEB2StD2 ill Œ©Œ~Wlli ENGINEERING PROJECT: PARCEL ID NO: TREASURE COVE/OCEAN HARBOUR SOUTH MSBU 1423-120-0012-000/8 (part) PUBLIC UTILITY EASEMENT FOR WASTEWATER FACILITIES THIS EASEMENT, made this 2Sih day of , 2002, by OCEAN HARBOUR VILLAS OWNERS ASSOCIATION, INC., a Florida Corp ation, whose address is 4245 North AlA #1, Fort Pierce, FL 34949, hereinafter referred to as GRANTOR, and ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, 2300 Virginia Avenue, Fort Pierce, FL 34982, hereinafter referred to as GRANTEE. THIS EASEMENT replaces a PUBLIC UTILITY EASEMENT FOR POTABLE WATER FACILITIES previously recorded in Official Record Book 1428, Page 1519. KNOW ALL MEN BY THESE PRESENTS that the undersigned, for and in consideration of the sum of Ten Dollars ($10.00), to them in hand paid, the receipt of which is hereby acknowledged, do hereby convey and grant to ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, for the use and benefit of ST. LUCIE COUNTY, the privilege and easement for the installation, maintenance, operation, repair, replacement or renewal of a wastewater line and related facilities in, under, upon, over, and across the following described land in St. Lucie County, Florida, being more particularly described in Exhibit "A" attached hereto and made a part hereof. TO HA VE AND TO HOLD the same unto the Grantee, its successors and assigns forever. The Grantee may remove, cut or trim trees, bushes, and saplings growing upon or extending over said strip of land so far as may be reasonably necessary in the installation, maintenance, operation, repair, replacement, or renewal of any of the above mentioned utilities or improvements. Grantor hereby agrees that no further improvements shall be placed within the easement defined herein, nor shall any improvements damaged or removed from said easement be replaced within the easement area without the express written consent of the Grantee herein. Grantor further agrees that no new improvements shall be placed near the easement or utility improvements in such a manner so as to prevent the access to, and maintenance of, the utility lines or equipment by the Grantee, its agents, employees, contractors or assigns. Grantor further grants to the Grantee, its agents, employees, contractors or assigns, a general ingress/egress easement over and across its driveways, parking, common or open areas, for the purpose of access to, and/or maintenance of, any of the Grantee's utility lines and equipment. '-' ....; Subject to the provisions of Section 768,28, Florida Statutes, Grantee agrees to indemnify and hold harmless Grantor from and against any actions at law to recover damages in tort for money damages for injury or loss of property, personal injury, or death arising out of the installation, maintenance, operation, repair, replacement, or renewal of said utilities facilities, and the equipment connected therewith, over, under and across said easement areas and caused by the negligent or wrongful act or omission of any employee of Grantee while acting within the scope of his or her office or employment under circumstances in which Grantee, if a private person, would be liable to the claimant, in accordance with the general laws of the State of Florida. The undersigned hereby covenant and warrant that they own the said land and have the right to grant this easement. J.~ WITNES~REOF, the undersigned Grantor has hereunto set their hand and seal this 28 day of '("fJa'(v , 2002. / GRANTOR: Signed, sealed and delivered in the presence of: OCEAN HARBOUR VILLAS OWNERS ASSOCIA TION, INC. ~aat~ Witness 1 p;èmÇ!::!;ñ Witness Print Name: LaLIJrenœ J~JJ1eS STATE OF FLORIDA COUNTY OF ST. LUCIE On this J.5"fhdayof Æb r~A~t ,2002, LEW GILLILAND, the Vice-President of OCEAN HARBOUR VILLAS OWNERS ASS CIA TION, INC. a oration, for and on behalf of the Corporation, personally appeared before me, who i rso all known to m ? or who produced as identification and who did (not) take an oath. )~ /\. ~ Notary Public Print Name: J Jw...rt' ():. FrGJ1c<:::, Commission expires: (seal) i'''~ Shen G, FI8I1CXl ~ ~ ; My CommIIIIal 00ll7æ7ð lip...' Expirea November 111, 3XlI G:\ACQ\ WP\ YVONNE\MSBU\ TREASURE\Ocean Harbour Villas\Corrected Easement,wpd '-' """ RESOLUTION NO. 02-17 A RESOLUTION ACCEPTING A PUBLIC UTILITY EASEMENT FOR WASTEWATER FACILITIEs ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT REsOLVED by the Board of County Commissioners of St. Lucie County. Florida. that: The foregoing PUBLIC UTILITY EASEMENT FOR WASTEWATER FACILITIES is duly accepted on behalf of St. Lucie County this 9 th JULY. 2002. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY. FLORIDA BY: Chairman ATTEST: Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney SHRINERS HOSPITALS G: \ACQ\ WP\ YVONNE\MSBU\ TREASURE\Resolution 02-17. wpd '" ...",j This instrument prepared by: JoAnn Riley under the direction of Daniel S. McIntyre, County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 PROJECT: PARCEL ID NO: TREASURE COVE/OCEAN HARBOUR SOUTH MSBU 1423-130-0008-000/8 (part) PUBLIC UTILITY EASEMENT . FOR WASTEWATER FACILITIES . THIS EASEMENT, mode 'hi, j#/t:;,y of ~~ ,2002, by SHRINER' HOSPITALS FOR CHILDREN F/K/A SHRINERS HOSPITA S FOR CRIPPLED CHILDREN, a Colorado Corporation, whose address is 2900 Rocky Point Drive, Tampa, FL 33607, hereinafter referred to as GRANTOR, and ST. LUCIE COUNìY, a Political Subdivision of the State of Florida, 2300 Virginia Avenue, Fort Pierce, FL 34982, hereinafter referred to as GRANTEE. THIS EASEMENT replaces a PUBLIC UTILIìY EASEMENT FOR POTABLE WATER FACILITIES previously recorded in Official Record Book 1430, Page 2383. KNOW ALL MEN BY THESE PRESENTS that the undersigned, for and in consideration of the sum of Ten Dollars ($10.00), to them in hand paid, the receipt of which is hereby acknowledged, do hereby convey and grant to ST. LUCIE COUNìY, a Political Subdivision of the State of Florida, for the use and benefit of ST. LUCIE COUNìY, the privilege and easement for the installation, maintenance, operation, repair, replacement or renewal of a wastewater line and related facilities in, under, upon, over, and across the following described land in St. Lucie County, Florida, being more particularly described in Exhibit "A" attached hereto and made a part hereof. TO HA VE AND TO HOLD the same unto the Grantee, its successors and assigns forever. The Grantee may remove, cut or trim trees, bushes, and saplings growing upon or extending over said strip of land so far as may be reasonably necessary in the installation, maintenance, operation, repair, replacement, or renewal of any of the above mentioned utilities or improvements. Grantor hereby agrees that no further improvements shall be placed within the easement defined herein, nor shall any improvements damaged or removed from said easement be replaced within the easement area without the express written consent of the Grantee herein. Grantor further agrees that no new improvements shall be placed near the easement or utility improvements in such a manner so as to prevent the access to, and maintenance of, the utility lines or equipment by the Grantee, its agents, employees, contractors or assigns. Grantor further grants to the Grantee, its agents, employees, contractors or assigns, a general ingress/egress easement over and across its driveways, parking, common or open areas, for the purpose of access to, and/or maintenance of, any of the Grantee's utility lines and equipment. ~ "'-" Subject to the provisions of Section 768.28, Florida Statutes, Grantee agrees to indemnify and hold harmless Grantor from and against any actions at law to recover damages in tort for money damages for injury or loss of property, personal injury, or death arising out of the installation, maintenance, operation, repair, replacement, or renewal of said utilities facilities, and the equipment connected therewith, over, under and across said easement areas and caused by the negligent or wrongful act or omission of any employee of Grantee while acting within the scope of his or her office or employment under circumstances in which Grantee, if a private person, would be liable to the claimant, in accordance with the general laws of the State of Florida. The underSigned hereby covenant and warrant that they own the said land and have the right to g,rant this easement. , ~ WITNESS WHEREOF, the undersigned Grantor has hereunto set their hand and seal this / day of YJt~ ' 2002. GRANTOR: Signed, sealed and delivered in the presence of: SHRINERS HOSPITALS FOR CHILDREN F/K/A SHRINERS HOSPITALS FOR CRIPPLED CHILDREN Jy r/ltU~ Witness Print Name: Vanessa L. Heitzman' w~- Witness Print Name: Vanessa L. Heitzman STATE OF FLORIDA COUNTY OF HILLS BOROUGH ~. . On this £ day of m~ ' 2002, JOHN D. VERMAAS and GENE BRACEWELL, the President/Treasur respectively of SHRINERS HOSPITALS FOR CHILDREN F/K/ A SHRINERS HOSPITALS FOR CRIPPLED CHI Cor oration, for and on behalf of the Corporation, personally appeared before m ho are ersonally known to me,. or who produced as identification and w 0 I -"(not)' take ~n oath, (l !'i", ~ ~.t/i ¿( G) ChIrItlGIIlml Notary Public ¡; . ,MY COMMISSION' CC994938 EXl'IRëS "~ril2O,2005 .. ..;IlOtOOi01Hllll00l'FAlHlIlSUIWlCI.lI Ii-int Name: Cher~e J. G~rard Commission expires: (seal) G:\ACQ\ W?\ YVONNE\MSBU\ TREASURE\Shriners\Corrected Easement.wpd ~ "WI RESOLUTION NO. 02-18 A RESOLUTION ACCEPTING A PUBLIC UTILITY EASEMENT FOR WASTEWATER FACILITIES ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that: The foregoing PUBLIC UTILITY EASEMENT FOR WASTEWATER FACILITIES is duly accepted on behalf of St. Lucie County this 9 th JULY, 2002. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman ATTEST: Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney TABOR G: \ACQ \ WP\ YVONNE\MSBU\ TREASURE\Resolution 02 -18. wpd '-' .~ This instrument prepared by: JoAnn Riley under the direction of Daniel S. McIntyre, County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 PROJECT: PARCEL ID NO: TREASURE COVE/OCEAN HARBOUR SOUTH MSBU 1423-120-0026-000/9 (part) PUBLIC UTILITY EASEMENT FOR W ASTEW A TER FACILITIES THIS EASEMENT, made this I~+l day of ~ ,2002, by ROBERT L. TABOR and NOEL F. TABOR, his wife, whose address P. O. Box 3494, Fort Pierce, FL 34948, hereinafter referred to as GRANTOR, and ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, 2300 Virginia Avenue, Fort Pierce, FL 34982, hereinafter referred to as GRANTEE. THIS EASEMENT replaces a PUBLIC UTILITY EASEMENT FOR POTABLE WATER FACILITIES previously recorded in Official Record Book 1426, Page 907. KNOW ALL MEN BY THESE PRESENTS that the undersigned, for and in consideration of the sum of Ten Dollars ($10.00), to them in hand paid, the receipt of which is hereby acknowledged, do hereby convey and grant to ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, for the use and benefit of ST. LUCIE COUNTY, the privilege and easement for the installation, maintenance, operation, repair, replacement or renewal of a wastewater line and related facilities in, under, upon, over, and across the following described land in St. Lucie County, Florida, being more particularly described in Exhibit "A" attached hereto and made a part hereof. TO HA VE AND TO HOLD the same unto the Grantee, its successors and assigns forever. The Grantee may remove, cut or trim trees, bushes, and saplings growing upon or extending over said strip of land so far as may be reasonably necessary in the installation, maintenance, operation, repair, replacement, or renewal of any of the above mentioned utilities or improvements. Grantor hereby agrees that no further improvements shall be placed within the easement defined herein, nor shall any improvements damaged or removed from said easement be replaced within the easement area without the express written consent of the Grantee herein. Grantor further agrees that no new improvements shall be placed near the easement or utility improvements in such a manner so as to prevent the access to, and maintenance of, the utility lines or equipment by the Grantee, its agents, employees, contractors or assigns. Grantor further grants to the Grantee, its agents, employees, contractors or assigns, a general ingress/egress easement over and across its driveways, parking, common or open areas, for the purpose of access to, and/or maintenance of, any of the Grantee's utility lines and equipment. Subject to the provisions of Section 768.28, Florida Statutes, Grantee agrees to indemnify and hold harmless Grantor from and against any actions at law to recover damages in tort for money '- ."wI damages for injury or loss of property, personal injury, or death arising out of the installation, maintenance, operation, repair, replacement, or renewal of said utilities facilities, and the equipment connected therewith, over, under and across said easement areas and caused by the negligent or wrongful act or omission of any employee of Grantee while acting within the scope of his or her office or employment under circumstances in which Grantee, if a private person, would be liable to the claimant, in accordance with the general laws of the State of Florida. The undersigned hereby covenant and warrant that they own the said land and have the right to grant this easement. IN WITNESS ~EOF, the undersigned Grantor has hereunto set their hand and seal this 1C¿-f:A. day of . il./ , 2002. Signed, sealed and delivered in the presence of: C~t2A~WD GRANTOR: Witness Ød4v ROBERT L. TABOR Print Name: fjh tI /I~ Á. .~~ J£: ìX. :(~ Print Name: .J: A",..¡ M. R.: I e.j /2&J ~ Ç]¡ay- J;C) P j)/l NOELF. TABOR ~ ~ STATE OF FLORIDA COUNTY OF ST. LUCIE On this I21b.- day of (tJ /uL-- ,2002, ROBERT L. TABOR and NOEL F. TABOR, (, .p0fl) h~ife, pers~nally appea..red ~~e me, who is personally known to me, or who produced FL. D. L . J.1(PO~1dd-'J.k- 377-0 as identification and who did (not) take an oath. ~\\\\lIIII/"1/1111 ~'~\\er.e A. FIJ/t"I;", ~ CJ..~:~~šlå~;··~Có ~ ~ "OvP" 'f;::,:" ~ ~ ,'0 ~ber21~'. ~ .. . § l~ ~ '~~... ~ CommiSSion explI;¡s.; : "'. <¡¡!. '" : *:: -" ... ,,- (seal) %:;,~. #00041992 .::;:¥ ~~'. A..;... .f;j;:: ~~/-'. ~~~ ..'~~ ~ ....-A~7~~-.· «'-? ~ ~1. ,~V{j¡ ........ 0« ~ ¡f;11 Vc ST ~ ¡t. ~\~ IIII/ ¡"I/II\\\\\' ~~ðA¿Y Notary Public Print Name:ChttrLt,¡uJ A- ,h~~o 70A :r:nçh(J.~.±j 15(" '5 !73 Of?. ßook OIlt>3'Î p~ d,q&ß G:\ACQ\ WP\ YVONNE\MSBU\ TREASURE\ Tabor\Corrected Easement,wpd HC\.rfli, t.olL-vt-:J '- '-' RESOLUTION NO. 02-19 A RESOLUTION ACCEPTING A PUBLIC UTILITY EASEMENT FOR W ASTEW A TER FACILITIES ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Flor,ida, that: The foregoing PUBLIC UTILITY EASEMENT FOR WASTEWATER FACILITIES is duly accepted on behalf of St. Lucie County this 9 th .JULY, 2002. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman ATTEST: Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney TREASURE COVE DUNES CONDOMINIUM ASSOCIATION G: \ACQ\ WP\ YVONNE\MSBU\ TREASURE\Resolution 02 -19. wpd \., "WIll This instrument prepared by: JoAnn Riley under the direction of Daniel S. McIntyre, County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 PROJECT: PARCEL ID NO: TREASURE COVE/OCEAN HARBOUR SOUTH MSBU No Parcel ID No. assigned by Property Appraiser PUBLIC UTILITY EASEMENT FOR WASTEWATER FACILITIES THIS EASEMENT, mad, thi, JS"fl d'Yaf ~ ,2002, by TREASURE COVE DUNES CONDOMINIUM ASSOCIATION, INC., a Flor' a Corporation, whose address IS 4100 North AlA, Suite 345, Fort Pierce, FL 34949, hereinafter referred to as GRANTOR, and ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, 2300 Virginia Avenue, Fort Pierce, FL 34982, hereinafter referred to as GRANTEE. THIS EASEMENT replaces a PUBLIC UTILITY EASEMENT FOR POTABLE WATER FACILITIES previously recorded in Official Record Book 1445, Page 1. KNOW ALL MEN BY THESE PRESENTS that the undersigned, for and in consideration of the sum of Ten Dollars ($10.00), to them in hand paid, the receipt of which is hereby acknowledged, do hereby convey and grant to ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, for the use and benefit of ST. LUCIE COUNTY, the privilege and easement for the installation, maintenance, operation, repair, replacement or renewal of a wastewater line and related facilities in, under, upon, over, and across the following described land in St. Lucie County, Florida, being more particularly described in Exhibit" A" attached hereto and made a part hereof. TO HA VE AND TO HOLD the same unto the Grantee, its successors and assigns forever. The Grantee may remove, cut or trim trees, bushes, and saplings growing upon or extending over said strip of land so far as may be reasonably necessary in the installation, maintenance, operation, repair, replacement, or renewal of any of the above mentioned utiliTies or improvements. Grantor hereby agrees that no further improvements shall be placed within the easement defined herein, nor shall any improvements damaged or removed from said easement be replaced within the easement area without the express written consent of the Grantee herein. Grantor further agrees that no new improvements shall be placed near the easement or utility improvements in such a manner so as to prevent the access to, and maintenance of, the utility lines or equipment by the Grantee, its agents, employees, contractors or assigns. Grantor further grants to the Grantee, its agents, employees, contractors or assigns, a general ingress/egress easement over and across its driveways, parking, common or open areas, for the purpose of access to, and/or maintenance of, any of the Grantee's utility lines and equipment. '- '.I Subject to the provisions of Section 768.28, Florida Statutes, Grantee agrees to indemnify and hold harmless Grantor from and against any actions at law to recover damages in tort for money damages for injury or loss of property, personal injury, or death arising out of the installation, maintenance, operation, repair, replacement, or renewal of said utilities facilities, and the equipment connected therewith, over, under and across said easement areas and caused by the negligent or wrongful act or omission of any employee of Grantee while acting within the scope of his or her office or employment under circumstances in which Grantee, if a private person, would be liable to the claimant, in accordance with the general laws of the State of Florida. The undersigned hereby covenant and warrant that they own the said land and have the right to grant this easement. IN WITNESS W~, the undersigned Grantor has hereunto set their hand and seal this ;l.f+l- day of ,2002. GRANTOR: Signed, sealed and delivered ~:'~awU TREASURE COVE DUNES CONDOMINIUM ASSOCIA TION, INC. By: ;J¡;~ IJ?Z,Í/~'1 William Mueller, its President Print Name: STATE OF FLORIDA COUNTY OF ST. LUCIE On this J,S11-- day of ~ , 2002, WILLIAM MUELLER, the President of TREASURE COVE DUNES COND INIUM ASSOCIATION, INC., a Florida Corporation, for and on behalf of the Corporation,,jersonally appeared before me, who is personally known to me, or who produced FL &'Vi.-vO';:' ~ as identification and who did (not) take an ooth. #~ _oM,,,,",, Js"b~~ *'.tq Commissi on eXpllA':*! MY COMMISSION # CC9B575IJ EXPIRES R I ~'~f¡>'l December 4, 2004 .JÁ A . (seal) ···':f.¡¡f.:rr't-'· IONDED THIU TROY FAIN INSURANCE. INC Print Name: ",.¡,J ,e,/ , G:\ACQ\ WP\ YVONNE\MSBU\ TREASURE\ Treasure Cove Dunes\Corrected Easement.wpd , '-' AGENDA REQUEST ~TEM NO. C iOb DATE: .July 9, 2002 REGULAR [] PUBLIC HEARING [] CONSENT [XX) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: General Financial Advisory Agreement with William R. Hough & Co. BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board approve the General Financial Advisory Agreement with William R. Hough & Co. and authorize the Chairman to sign the Agreement. . . []CI APPROVED [ ] DENIED ( ) OTHER: ou as Anderson County Administrator COMMISSION ACTION: County Attorney: y Review and Approvals '·Mål'lci9élTltnt.~Budgetlt 'If) rr~ 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. 02-977 DATE: July 1, 2002 SUBJECT: General Financial Advisory Agreement with William R. Hough & Co. BACKGROUND: Attached is a proposed General Financial Advisory Agreement with William R. Hough & Co. The term of the Agreement runs through September 30, 2005. The proposed Agreement is identical to the current agreement between the County and Hough with the exception of the change in dates. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the General Financial Advisory Agreement with William R. Hough & Co. and authorize the Chairman to sign the Agreement. DSM/ caf Attachment ~ .." GENERAL FINANCIAL ADVISORY AGREEMENT THIS AGREEMENT, made and entered into this day of 2002, by and between the COUNTY OF ST. LUCIE, FLORIDA (hereinafter called the "County") and WILLIAM R, HOUGH & CO. (hereinafter called the "Contractor"). I. PURPOSE WHEREAS, the Contractor is engaged in providing financial advisory services to municipalities and counties and has experience and skill in municipal financing and can provide consulting services relating to planning, preparing, marketing and distributing tax-exempt bond issues and notes; and WHEREAS, the Contractor has indicated its desire to serve as the County's financial advisor in connection with the proposed issuance of bonds, notes, certificates or other appropriate financial instruments for capital improvement programs or capital acquisitions authorized by the County; and WHEREAS, the County is desirous of retaining the services of the Contractor as financial advisor in connection with the review, evaluation and analysis of various planning and financing alternatives with respect to the County's capital programs and operational plans and is desirous of using the Contractor to implement certain future financing; and WHEREAS, the Contractor represents that it is capable of providing such necessary financial consulting services and investment management services and is willing to provide them from time to time as required by the County; and WHEREAS, the County is a corporate body politic of the State of Florida and is authorized to enter into professional agreements in order to implement financing for the County. II. SCOPE OF SERVICES NOW, THEREFORE, in consideration of the premises and of the mutual covenants contained herein and other good and valuable consideration, the parties 1 '-' ""'" hereto agree that the Contractor will provide financial advisory services as described in this section. A. Develop a FinancinQ Plan For each project or program specified by the County's designated representative, the financial advisor will develop a plan of finance in consultation with County staft, the County Attorney or his designee, the County's independent auditors, engineering consultants, bond counsel, special counselor other consultants as authorized by the County's designated representative. The plan shall be based on engineering or feasibility studies relating to the proposed projects or programs, studies pertaining to revenue projections and the existing financial and legal structure of the County. The plan of finance will include, but not be limited to the following: 1. A thorough review and analysis of the existing financial resources and of all relevant data pertaining to the project(s) planned by the County. 2. Recommendations as to possible changes in or additions to the existing financial resources. 3. Review existing debt structure and financial resources to determine available borrowing capacity and the desirability of refinancing any or all of the County's existing debt. 4. Recommend appropriate financial structure for proposed projects and provide the County with information about the structure of financing programs used by other issuers. 5. Recommendations as to the need for short or intermediate-term financing prior to or in conjunction with long-term financing. 6. Provide advice on terms and features of bonds and on timing and marketing of bond issues. 7. Assist the County with the preparation of cash flow forecasts for proposed issues addressing debt service requirements and sources of funding. B. Services Related to Debt Issuance In addition, the financial advisor shall, under normal circumstances, provide the following services in conjunction with the issuance of debt instruments by the County: 1. Evaluate and/or recommend a financial structure. 2. Prepare or assist in the preparation of preliminary and financial official statements. 3. Develop and assist in rating agency presentations. 2 '-' .., 4, Assist counsel in preparation of trust indentures, bond resolutions, loan agreements or similar documents. 5. Evaluate bids for competitive sales. 6. Assist in the selection of underwriters for negotiated sales. 7, Monitor market conditions and recommend optimal time for market entry, 8. For negotiated sales, the financial advisor should assist in negotiating the gross-spread and the interest rates for each maturity offered. 9, Participate and assist in closings. 10. Provide recommendations at the County's request on the investment of proceeds. 11. Obtain or assist in obtaining commitments from bond insurers. 12. Obtain bids or proposals for financial printing services. 13. Obtain quotations for escrow verification services. 14. Provide an evaluation of the underwriters' performance, 15. Make recommendations to the County which, in Contractors opinion, will be helpful in maintaining favorable relationship with financial institutions. C. General Investment Services Participation and review of St, Lucie County's Investment Policy and general investments as might be requested by the County, In this regard, with advance County authorization, participate in Investment Policy meetings and review any such information in connection therewith as may be requested by the County; review and participate in any such meetings regarding County investments as may be requested by St. Lucie County. III. COMPENSATION A, Compensation for Services Performed Under IIA and liB In return for the faithful performance by Contractor of the services provided in accordance with the terms and conditions of this agreement, the County agrees to pay the Contractor as follows: In the event that bonds are sold (including pooled loan programs or bank borrowing for capital improvement financing), the County agrees to pay the Contractor as follows: 3 '-' .., Par value of obliQations issued Fee per $1,000 $1 - $15,000,000 $15,001,000 - $25,000,000 $25,001,000 - $35,000,000 $35,001,000 and over $1. 75 $1.00 for all over $15,000,000 $ .75 for all over $25,000,000 $ .40 for allover $35,000,000 In the event that short-term bond anticipation notes are sold, Contractor would be compensated as follows: Par value of obliQations issued Fee per $1 ,000 $1.25 $1.00 for allover $15,000,000 $ .50 for all over $25,000,000 $ .35 for all over $35,000,000 $1 - $15,000,000 $15,001,000 - $25,000,000 $25,001,000 - $35,000,000 $35,001,000 and over Notwithstanding the preceding paragraphs, in the event financial advisory services are provided in support of a debt issuance of less than $3,000,000, such services shall be compensated at a rate 1-1/2 % of the principal amount of the transaction, not to exceed $5,000 per transaction. In any event, there will only be payment due to Contractor when financing is completed. Contractor's fee shall be payable at settlement contingent upon the successful sale of the above mentioned securities. Acceptance or rejection of bid prices for said securities shall be at the sole discretion of the County. The County agrees to reimburse Contractor for his reasonable expenses of the bond issue incurred on behalf of the County, in accordance with Section 112.061, Florida Statutes. Contractor agrees that the compensation earned above shall be the sole compensation Contractor shall receive, either directly or indirectly, for the services provided in accordance with this Agreement. Contractor shall not earn a commission, profit, gain or any other remuneration for any transaction or other activity connected to the services provided in accordance with this Agreement, including, without limitation, the sale of securities to the County at a profit. B. Compensation for Services Performed Under 11 C Payment for services rendered, including travel time, pursuant to 11 C shall be made to Contractor on a Time Basis Method, compensating the Contractor only for actual work required by this Work Order. Hough shall be paid on an hourly basis for time expended by its personnel, as follows: President Senior Vice President First Vice President Vice President $175 per hour $1 60 per hour $140 per hour $125 per hour 4 '-' """" Assistant Vice President and Financial Analyst Support Staff $ 75 per hour $ 25 per hour These fees shall not exceed $ 1 0,000 in anyone fiscal year and shall be subject to change by a written amendment in subsequent years upon mutual agreement of the parties. IV. TERM OF CONTRACT/TERMINATION The term of the Contract shall run from October 1, 2002 to September 30, 2005. This Agreement may be terminated by either party on 3D-days written notice to the other party. V. 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. 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 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 Agreement. VI. NOTICES All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified or registered mail, return receipt requested, first class, postage prepaid and addressed as follows: 5 '-' ....., AS TO ST. LUCIE COUNTY: WITH A COPY TO: St. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, FL 34982 St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, FL 34982 AS TO CONTRACTOR: William R, Hough & Co. 225 E. Robinson Street, Suite 465 Landmark Center II Orlando, FL 32801-4322 unless written notice of a change of address is given pursuant to the provisions of this paragraph. IN WITNESS WHEREOF, and intending to legally bound hereby, the parties cause this Agreement to be executed and attested to by their respective authorized officials each having affixed their corporate seals hereto on the dates indicated below. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN DATE: (SEAL) APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WILLIAM R. HOUGH & CO. ATTEST: BY: DATE: 9 :\atty\ag reemnts\H au gh 6 " AGENDA REQUEST ITEM NO. ~.C Date: Ju]y 9, 2002 Regular [ ] Public Hearing [ ] Consent [ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Permission to Advertise Ordinance No. 02-23 - Creating Section 1-15-30.] (Restraint of Dogs) to Require Dogs to be Under Restraint by Lead or Leash in County Owned or Leased Properties or Facilities Which Permit Dogs BACKGROUND: See C.A. No. 02-994 FUNDS A V AIL.(State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff requests permission to advertise proposed Ordinance No. 02-23 for public hearing on August 20, 2002 at 7:00 p.m., or as soon thereafter as may be heard. COMMISSION ACTION: )C APPROVED [] DENIED [ ] OTHER: County Attorney: l~ Coordination/SÍl!natu r es Mgt. & Budget: Purchasing: Originating Dept.. Other: Other: Finance (Check for Copy only, if applicable): ~ ...., \ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 02-994 DATE: July 2, 2002 SUBJECT: Permission to Advertise Ordinance No. 02-23 - Creating Section 1-15-30.1 (Restraint of Dogs) to Require Dogs to be Under Restraint by Lead or Leash in County Owned or Leased Properties or Facilities Which Permit Dogs BACKGROUND: Section 1-4-21 of the S1. Lucie County Code of Ordinances and Compiled Laws makes it unlawful for an animal owner to permit his or her animal to be off of the owner's private property in the unincorporated areas of the County unless the animal is restrained by a leash or lead, or actively engaged in the sport of hunting. As Section 1-4-21 applies only to the unincorporated areas of the County, this requirement does not extend to the County's parks and other facilities located within the incorporated areas of the County, such as the Lawnwood Recreation Area. Attached to this memorandum is a copy of a letter from Hector Arias, Fort Pierce City Engineer, requesting that the County amend its ordinances to extend this leash requirement to County parks within the City of Fort Pierce. Proposed Ordinance No. 02-23 has been drafted to address the request from the City of Fort Pierce. In light of the fact that the County also operates parks within the City of Port S1. Lucie, the proposed ordinance extends to all County properties and facilities where dogs are permitted. A copy of the draft ordinance is attached to this memorandum. RECOMMENDATION/CONCLUSION: Staff requests permission to advertise proposed Ordinance No. 02-23 for public hearing on August 20,2002 at 7:00 p.m., or as soon thereafter as may be heard. Respectfully submitted ')~~ Heather Young Assistant County Attorney 1 , Attachment HYI Copies To: "-' ...., Concurring Staff Clerk Secretary Press Public 2 ~ ,.."" , ORDINANCE NO. 02-23 AN ORDINANCE CREATING SECTION 1-15-30.1 (RESTRAINT OF DOGS) OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY, FLORIDA, TO REQillRE ALL DOGS IN PROPERTIES AND FACILITIES OWNED OR LEASED BY THE COUNTY WHERE DOGS ARE PERMITTED TO BE RESTRAINED ON A LEASH OR LEAD; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; ADOPTION; AND CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The County owns or leases certain parks and other properties, which lie wholly or in part within the incorporated areas of the County. 2. The regulations governing the use of these County properties and facilities are set forth in Article II, Chapter 1-15 (Parks and Recreation) of the St. Lucie County Code of Ordinances and Compiled Laws. 3. Section 1-4-21 of the St. Lucie County Code of Ordinances and Compiled Laws makes it unlawful for an animal owner to permit his or her animal to be off of the owner's private property in the unincorporated areas of the County unless the animal is restrained by a leash or actively engaged in the sport of hunting. 4. In the interest of the safety of residents and visitors using the County's parks and other facilities, it is appropriate to amend Chapter 1-15 to extend the same requirement to dogs in any County property or facility where dogs are permitted. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. CREATION OF SECTION 1-15-30.1 (RESTRAINT OF DOGS) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES AND COMPILED LAWS Section 1-15-30.1 (Restraint of dogs) of the Code of Ordinances and Compiled Laws of St. Lucie County, Florida, is hereby created to read as follows: 8tfliGlŒIH-SHgh words are deleted; underlined words are added. ~ ...,., \ Sec. 1-15-30.1. Restraint of dogs. Any dog in a property or facility owned or leased by the County where dogs are permitted shall be under restraint by lead or leash. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PARTD. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART E. EFFECTIVE DATE. This ordinance shall take effect on October 1, 2002. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Doug Coward XX Vice Chairman Cliff Barnes XX Commissioner Frannie Hutchinson XX Commissioner Paula A. Lewis XX Commissioner John D. Bruhn XX 2 Struckt.'rrough words are deleted; underlined words are added. "- ...", , PART G. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of 51. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through G shall not be codified. PASSED AND DULY ADOPTED this XX day of XX, 2002. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS BY: County Attorney 3 StruelctnnlHgR words are deleted; underlined words are added. '-" ..,¡ -, AGENDA REQUEST ITEM NO. ClOd.. DATE: July 9,2002 REGUlAR I ] PUBLIC I-IEARING [ ] CONSENT [xx] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITfED BY(DEPT): County Attorney Victoria Winfield Assistant County Attorney SUBJECT: Contract approval for Legal Representation of Indigent for Dependency Cases and Termination of Parental Rights Cases - Trial level with Dawn A. Kirk, P.A., T. Charles Shafer, Esquire, Keith C. Pickering, P.A. and Reginald B. Sessions, Esquire ("Kirk"). BACKGROUND: See attached Memorandum. FUNDS AVAIL: PREVIOUS ACfION: On June 18,2002, the Board ofCounly Commissioners awarded the bid for the above Contract to Kirk. RECO MMENDA TI 0 N: Staff recommends that the Board of County Commissioners approve the proposed Contract with Kirk and authorize the chairman to sign the at,'Teement upon receipt of the signed originals from Kirk. IX APPROVED I] DENIED [ ] OTHER: - COMMISSION ACTION: County Attorney:~' Review and Approvals Management & Budget:_ Purchasing: Originating Dept: Other: Other: Finance:(check for copy only, ¡fapplicable) "'" ...., .. INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Victoria Winfield, Assistant County Attorney C.A. NO: 02-1002 DATE: July 2, 2002 SUBJECT: Contract approval for Legal Representation of Indigent for Dependency Cases and Termination of Parental Rights Cases - Trial level with Dawn A. Kirk, P.A., T. Charles Shafer, Esquire, Keith C. Pickering, P.A. and Reginald B. Sessions, Esquire ("Kirk"). BACKGROUND: On June 19, 2002, the Board of County Commissioners awarded the bid for the above Contract to Kirk. A copy of the proposed Contract is attached. CONCLUSION/RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the Contract and authorize the Chairman to sign the agreement. Respectfully submitted, V¡~"- \,Ì ~,JJ Victoria Winfiel Assistant County Attorney Attachments VW/as H:\Memos\ VW\dependency.doc '-' ..., , AGREEMENT BETWEEN ST. LUCIE COUNTY AND DAWN G. KIRK, P.A. and T. CHARLES SHAFER, ESQUIRE. and KEITH C. PICKERING, P.A. and REGINALD B. SESSIONS, ESQUIRE FOR LEGAL REPRESENTATION OF INDIGENTS FOR DEPENDENCY CASES AND TERMINATION OF PARENTAL RIGHTS CASES - TRIAL LEVEL THIS AGREEMENT made in the year 2002 on the dates indicated on page 7 hereafter between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY" and Reginald Sessions, Esq., Dawn G. Kirk, P.A, Law Office of Keith C. Pickering, PA. and T. Charles Shafer, Esquire, hereinafter collectively referred to as "ATTORNEYS". This Agreement is made with reference to certain facts, to wit: A. It is in the public interest that St. Lucie County enter into an Agreement with private attorneys to render legal services to indigent persons in circumstances wherein they are legally entitled to be represented by counsel; and B. The cost and expense of such representation for indigent persons is a proper and lawful charge upon St. Lucie County. NOW, THEREFORE, the parties agree as follows: 1. COUNTY hereby contracts with ATTORNEYS, who hereby represent that each is a member in good standing of the Florida Bar, to provide legal representation for indigent persons in those cases arising under Chapter 39, Part III, Florida Statutes, Dependency cases, as well as under Chapter 39, Part VI, Florida Statues, Termination of Parental Rights when a case is referred to ATTORNEYS by the Court. ATTORNEYS will perform all legal services from the time a filed case is assigned to ATTORNEYS until final disposition or discharge by the Court including, if requested, the filing of a Notice of Appeal. 2. ATTORNEYS agree and covenant that they shall perform, or cause to be performed, the legal services described in paragraph 1 while at all times complying with all current requirements of the code of Professional responsibility and the disciplinary rules of the Florida Bar. Page 1 of 7 '-' .." , 3. ATTORNEYS shall perform, or cause to be performed, the legal services defined in paragraph 1, and shall assume full responsibility for furnishing alternative counsel whenever Attorney is unavailable to provide daily representation in the category of cases set forth above. 4. ATTORNEYS shall, in each case in which he/she is appointed by the Court, render to and on behalf of his/her client all professional legal services reasonably required therein from the time of appointment to, and including filing of a Notice of Appeal. ATTORNEYS shall only be responsible for the case until said Notice of Appeal is filed. 5, ATTORNEYS shall, at no cost to COUNTY, provide legal representation for Children under the following circumstances: A. When the child is in the custody of the Department of Children and Family Services; and B. When the child is admitted into a psychiatric facility; and C. When no conflict exists for one of the attorneys to provide representation. 6. COUNTY shall pay to ATTORNEYS the following sums for each Dependency case assigned pursuant to the terms of this agreement: A. Commencing on the 22nd day of June 2002 and on the first day of each month thereafter until termination of this Agreement, the COUNTY shall pay to the ATTORNEYS the sum of $990,00 for each case appointed to the ATTORNEYS in the previous month upon the COUNTY receiving proper documentation from ATTORNEYS. The ATTORNEYS shall provide all legal representation for the parents appointed counsel for said sum. B. Upon termination of the contract for any reason, the COUNTY shall thereafter pay the ATTORNEYS in the following manner: (1) For those cases that have not yet reached Disposition, the ATTORNEYS will receive no further payment on the case until after a Disposition Order is entered and then will be compensated pursuant to Paragraph 6(8)(2) below. The ATTORNEY will also be reimbursed for costs as provided for in the Agreement. (2) After the case has reached Disposition or in the event that the case has reached Disposition at the time of the termination of the contract, COUNTY will pay each ATTORNEY the sum of $39.00 per hour spent on each case until the conclusion of the case by an Order Terminating Supervision, an Order Discharging the Attorney or the Filing of a Petition for Termination of Parental Rights. Page 2 of 7 '"' ...., , (3) The ATTORNEYS shall submit to the COUNTY each month a voucher which reflects the amount of time spent on a case in the previous month (or months), the date and copy of the Order of Disposition, the number of previous billings made on that case and the total amount of attorney's fees previously paid on the case. Except for final billings, cases should not be billed until the ATTORNEY has expended at least four (4) hours on the case. C. This compensation method shall not affect that rights of the parties or payment method for cases to which ATTORNEYS were appointed or assigned under a previous contract. 7. COUNTY shall pay to ATTORNEYS the following sum for each Termination of Parental Rights case assigned pursuant to the terms of this agreement: AFTER THE TERMINATION OF PARENTAL RIGHTS PETITION IS FILED, PAYMENT IS MADE WHEN A DISPOSITION ORDER AND/OR DISCHARGE ORDER IS ENTERED ON A PER PARENT BASIS AT THE RATE OF $800 FOR UP TO 20.5 HOURS OF LEGAL WORK AFTER THE PETITION FOR TERMINATION OF PARENTAL RIGHTS IS FILED AND $39.00 PER HOUR THEREAFTER. When a Petition for Termination of Parental Rights is filed, it will be considered an extraordinary case for billing purposes. 8. For the purposes of this Agreement, the term "case" shall mean all cases filed against a person prior to the case reaching disposition, arising out of the same set of facts, regardless of the number of children involved. When multiple children of parent(s) or person(s) are involved in a dependency action and are included in the original case, the dependency action shall be treated as one case for each attorney appointed for purposes of payment under this Agreement. 9. The following items shall be included within the above-described fee: office overhead expenses including support staff, photocopying, long distance telephone calls, local mileage, parking, office supplies, office space and all materials, equipment and facilities necessary for the support of personnel in the performance of legal services under this Agreement. The following items shall be expenses incurred by COUNTY or reimbursed to ATTORNEYS as applicable: A. Investigative Fees; B. Expert Witness Fees; C. Interpreter Fees; D. Court Reporter Fees; E. Out of County travel costs E. Transcription costs; F. Process Serving; and G. Service of Subpoenas per Statute. Page 3 of 7 '-' .." With the exception of process serving, service of subpoenas and Court reporter fees, all of the above ATTORNEY reimbursed/COUNTY incurred expenses shall require prior approval of the Court. 10. ATTORNEYS shall be paid monthly reimbursable costs and attorney's fees as set forth in paragraphs 6 and 7 above, The monthly invoices, accompanied by supporting documentation, shall be submitted and summarized, Attorney DAWN G. KIRK will act as liaison between the COUNTY and the ATTORNEYS for the purpose of establishing and coordinating a monthly billing process whereby one billing packet (with requisite documentation) and a monthly summary will be submitted to the COUNTY each month. All compensation for representation under this Agreement shall be in the form of a check made payable to the individual attorney performing services as set forth in the monthly billing summary, 11. ATTORNEYS shall keep proper records to enable St. Lucie County to establish the cost of representing all categories of persons in Court proceedings and shall make such records available to the COUNTY at all reasonable times. 12. COUNTY may, at its discretion, audit or inspect ATTORNEYS' books and/or financial records at any and all reasonable times. ATTORNEYS agree to make available for inspections, without restriction, all books, statements, ledgers and other financial records relating to services under this Agreement for a period of three (3) years from the termination of this Agreement. 13. The parties agree that this Agreement does not create the relationship of attorney and client between ATTORNEYS and COUNTY; that such relationship, if any is created, is restricted to ATTORNEYS and those persons on whose behalf ATTORNEYS furnished the legal services provided herein. ATTORNEYS are independent contractors. This Agreement is not intended and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association as between COUNTY and ATTORNEYS. 14. ATTORNEYS are, and shall at all times be deemed independent and shall be wholly responsible for the manner in which they perform services reqUire by the terms of this Agreement. ATTORNEYS exclusively assume the responsibility for the acts of his/her employees as they relate to the services to be provided during the course and scope of their employment. ATTORNEYS, their agents and employees shall not be entitled to any rights or privileges of St. Lucie County employees and shall not be considered in any way to be employees of St. Lucie County. 15. ATTORNEYS agree to indemnify and hold harmless COUNTY against all costs, attorneys' fees, expenses and all losses and liability which COUNTY may incur by reason of any suit, action, claim or proceeding for injury or damage occasioned wholly, or in party, by a negligent act or omission of ATTORNEYS, their associates, law partners or employees in the performance of the legal services hereunder. Page 4 of 7 '"' ...., , 16. ATTORNEYS shall provide and maintain at their own expense during the term of this Agreement a policy or policies of professional liability insurance in amounts not less than $100,000.00 in the aggregate, insuring ATTORNEYS against any and all claims which may arise out of or in connection with the performance of services pursuant to this Agreement. ATTORNEYS further agree that no assignment of the rights and responsibilities of this Agreement shall be made unless the assignee maintains a similar policy or policies. 17. For administrative purposes only, all case appointments shall be made to Dawn G. Kirk, PA In those cases which will not be handled by DAWN G. KIRK, PA, a Notice of Assignment will be filed which reflects which of the other ATTORNEYS will represent the parent(s). The Notice of Assignment will be filed within five (5) working days of the date DAWN G. KIRK receives the Order of Appointment from the Court. A. If a change in circumstances occurs, the ATTORNEYS may, with County approval, add other qualified attorneys to accept cases under the terms of this Contract. The assignee attorneys shall sign an Affidavit stating that they have read this Agreement, accept its terms and agree to be bound by and comply with all terms and conditions of this Agreement to which ATTORNEYS are bound. 18. ATTORNEYS shall make every effort conduct an initial interview of each client assigned under the terms of this Agreement within ten (10) working days of the date he/she receives the Order of Appointment or Notice of Assignment. 19, In the event that a case assigned to ATTORNEYS is transferred to a private attorney, or to another jurisdiction, the ATTORNEYS shall be reimbursed at the rate of $39.00 per hour for the verifiable hours spent on the case, up to the contract rate. 20. In the event the ATTORNEYS, after accepting an appointment, determines that he/she has a conflict of interest regarding any case assigned to him/her, ATTORNEYS shall notify the presiding Court and withdraw from the case and the case will be assigned to an alternate ATTORNEY, if one is available without conflict. The withdrawing ATTORNEY shall be compensated at the rate of $39.00 per hour for the verifiable hours spent on the case, up to the contract rate. 21. This Agreement shall take effect on the 22nd day of June 2002 and continue until the 22nd day of June 2003 but shall be renewable annually at the same or different contract price upon the consent of the contracting parties. The Agreement is not retroactive for existing cases to which the ATTORNEYS have been appointed except as may be specifically set forth regarding compensation in paragraph 6 above. This Agreement may be terminated by either party without cause at any time upon thirty (30) days written notice. 22. Except in circumstances set forth in Paragraphs 19 and 20 above, once ATTORNEYS have received payment for representation of indigent person(s) in a filed case assigned to him/her, ATTORNEYS will remain the attorney of record until final disposition of the case, unless the Court orders that ATTORNEYS be discharged as attorney of record in a case prior to that time. Page 5 of 7 "'" ."., ~ 23, ATTORNEYS agree and acknowledge that the compensation to be paid pursuant to this Agreement shall be the sole, exclusive and full compensation to which ATTORNEYS shall be entitled with the exception of extraordinary cases. 24. ATTORNEYS shall not be prohibited from engaging in the private practice of law, including practice in dependency/termination cases, providing that no private case shall be accepted which may cause a conflict of interest to arise where an attorney would be unable to represent any indigent person under this Agreement. Should ATTORNEYS believe that an indigent referred to him/her does not qualify for his/her services, ATTORNEYS shall immediately so advise the indigent person and the COUNTY. In no event shall ATTORNEYS accept anything of value as consideration for services rendered to any indigent referred to ATTORNEYS by the Court, except from the COUNTY. ATTORNEYS shall not charge any indigent nor receive any fee or payment from any indigent or his family or guardian or other person, for services rendered pursuant to this Agreement. 25. ATTORNEYS shall operate continuously throughout the terms of this Agreement with at least the minimum number of staff required to deliver the program services outlined herein. 26. ATTORNEYS shall remain available for appointment by the Court to cases outside this Agreement, provided, however, that acceptance of same shall not interfere with ATTORNEYS' duties and responsibilities under this Agreement. 27. Notwithstanding the provisions of paragraph 20 above, the failure of ATTORNEYS, or his/her agents or employees to comply with the terms of this Agreement and any reasonable directions by, or on behalf of the Court issued pursuant thereto, shall constitute a material breach of the Agreement by ATTORNEYS, and, in addition to other remedy authorized by law, COUNTY shall have the right to terminate said Agreement immediately. Failure to exercise this right of termination shall not constitute a waiver of such right, which may be exercised at any subsequent time. At the option of the COUNTY, this Agreement shall terminate upon any of the following events occurring: A. Violation of any material provisions of the Agreement; B. Institution of proceedings by, or against ATTORNEYS under the Bankruptcy laws of the United States; C. Discovery by the COUNTY that this Agreement was obtained through Fraud by commission or omission. D. Suspension of business operations, failure or receivership of ATTORNEYS. E. Any assignment of this Agreement without prior COUNTY approval; except as set forth in Paragraphs 17 and 21 regarding assigned cases. F. Disciplinary actions against ATTORNEYS by the Florida Bar; or G. The commencement of criminal prosecution of ATTORNEYS in any Court. Page 6 of 7 '-' ..." " It is understood that the above-noted occurrences are not exclusive of any other causes for termination, and failure of COUNTY to exercise its rights to terminate shall not constitute a waiver of such right, which may be exercised at any subsequent time, In the event of termination pursuant to this paragraph, ATTORNEYS shall immediately cease representation of persons in all cases assigned to him/her and shall surrender all files and documents. ATTORNEYS shall be paid according to paragraph 6 above if applicable; or for cases upon which ATTORNEYS have begun performance at the time of termination of the contract, ATTORNEYS shall be paid a pro rata amount as determined by the Dependency Judge of St. Lucie County based on the services provided through the date of termination of the Agreement. 28. No waiver by either party of any existing default by the other party shall be deemed to waive any subsequent default by such party. 29. All rights hereunder are cumulative, not alternative, and are in addition to any other rights given by law. 30. This Agreement expresses the understanding of the parties concerning all matters covered. No addition to, or alteration of the terms of this Agreement, whether by written or verbal understanding of the parties, agent or employees, shall be valid unless made in the form of a written Amendment of this Agreement and formally approved by the parties. IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. Approved as to Form and Content by the County Attorney By: By: By: T. Charles Shafer, Esquire Dated: (p - 2-&'-0 î,--- DAWN G. KIRK, P.A. Q)ŒJ.(~ Dawn G. Kirk, Esquire Dated: Gr2i.(J-{) 'L County Attorney Clerk of Circuit Court Deputy Clerk st. Lucie County Board of Commissioners KEITH C. PICKERING, P.A. Doug Coward, Chairman Dated: By: Å Kith C. Pickering, Esq Dated: {p- z~- 0 2- R~1.:* Dated: /..e--Zto.--o2- ~ By: Page 7 of 7 """" "-' AGENDA REQUEST ~ .JÎ ') , I" ..... I '. .'~ ITEM NO.U/\U~· DATE: July 9, 2002 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Voting Systems Assistance Agreement BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMEND A nON: Staff recommends that the Board approve the Agreement and authorize the Chairman to sign the Agreement. ~ APPROVED [ ] DENIED [ ] OTHER: COMMISSION ACTION: Q.. Review and Approvals C'""" An"",,, ~ ~~~~..! mme, Originating De~..d. ú .?I'~/ {$~r.~riiõ,í;,:õ:f't:' ~ç,t¡~íÍ~ ~ifl¡;'6.Ck for Copy only, if applicable) Purchasing: County Eng,: Eff.5/96 "'-' """ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. 02-997 DATE: July 3, 2002 SUBJECT: Voting Systems Assistance Agreement BACKGROUND: Attached is a copy of a draft voting systems assistance agreement with the Florida Department of State, Division of Elections. Under the terms of the Agreement, the state is providing the County with two hundred ninety-two thousand five hundred and 0/100 dollars ($292,500.00) payable in two installments of one hundred forty-six thousand two hundred fifty and 0/100 dollars ($146,250.00) for fiscal years 2001-2002 and 2002-2003. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the Agreement and authorize the Chairman to sign the Agreement. DSM/ caf Attachment '-" ..." MEMORANDUM OF AGREEMENT This agreement, effective as of _ day of , 2002, is by and between, the State of Florida, Department of State, Division of Elections ("Department"), the address of which is The Collins Building, Room 100, 107 West Gaines Street, Tallahassee, Florida 32399-0250 and S1. Lucie County Board of County Commissioners ("County") the address of which is 2300 Virginia Avenue, F1. Pierce, Florida 34982. WHEREAS, section 76, of Chapter 2001-40, Laws of Florida, provides for the disbursement of funds to be used for voting systems assistance, I. Governing Law Funds appropriated to the Division of Elections of the Department of State in the 2001-2002 General Appropriations Act for Voting Systems Assistance shall be distributed to the counties in the following manner: 1. Counties having a population of75,000 or fewer based on the 2000 census shall receive a total of $7,500 per precinct based on the number of precincts as certified by the Department of State for the 2000 General Election, to be distributed in two equal installments. 2. All other counties shall receive a total of $3,750 per precinct based on the number of precincts as certified by the Department of State for the 2000 General Election, to be distributed in two equal installments. II. Disbursement Each county shall receive a sum certain as provided above and outlined in Appendix A. The second installment shall be paid as soon as possible after the execution of this agreement. III. Audits The administration of funds awarded by the Department of State to the County may be subject to audits and monitoring by the Department of State, as described in this section. 1. In the event that the County expends a total amount of State awards (i.e., State financial assistance provided to the County to carry out a State project) equal to or in excess of $300,000 in any fiscal year in accordance with Section 216.3491, Florida Statutes, applicable rules of the Executive Office of the Governor and the Comptroller, and Chapter 10.600, Rules of the Auditor General, shall apply. Appendix A to this agreement indicates State funds awarded through the Department of State by this agreement. In determining the State awards expended in this fiscal year, the County shall ~ ...,,¡ consider all sources of State awards, including State funds received from the Department of State, except that State awards received by a non-state entity for Federal program matching requirements shall be excluded from consideration. 2, In connection with the audit requirements addressed above; the County shall ensure that the audit complies with the requirements of Section 216.3491(7), Florida Statutes. This includes submission of a reporting package as defined by Section 216.3491(2)(d), Florida Statutes, and Chapter 10.600, Rules of the Auditor General. 3. If the county expends less than $300,000 in State awards in its fiscal year, an audit conducted in accordance with the provisions of Section 216.3491, Florida Statutes, is not required. In the event that the County expends less than $300,000 in State awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 216.3491, Florida Statutes, the cost of the audit must be paid from non-State funds (i.e., the cost of such an audit must be paid from County funds obtained from other than State entities). 4. The Internet web addresses listed below will assist the County in locating documents referenced in the text of this agreement and the interpretation of compliance issues. State of Florida Department of Banking and Finance (Comptroller) httr ://www.dbf.state.fl.us State of Florida Office of the Auditor General Rules Index http://www.state.fl.us/audgen/pages/rulepage.htm State of Florida Legislature (Statutes, Legislation relating to the Florida Single Audit Act) http://www.leg.state.fl.us IV. Report Submissions Copies of reporting packages required by PART III of this agreement shall be submitted by or on behalf of the County directly to each of the following: 1. The Department of State at the following address: Department of State Division of Elections The Collins Building, Room 100 107 West Gaines Street Tallahassee, Florida 32399-0250 ~ ..., 2. The Auditor General's Office at the following address: State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 v. Record Retention The County shall retain sufficient records demonstrating its compliance with the terms of the agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of State, or its designee, access to such records upon request. The County shall ensure that audit working papers are made available to the Department of state, or its designee, upon request for a period of five (5) years from the date the audit report is issued, unless extended in writing by the Department of State. IN WITNESS THEREOF, the parties have caused this Agreement to be executed by their undersigned officials as duly authorized Department of State, Division of Elections: County Commission: By: By: Division Director Witness Typed Name and Title Date Witness Date \w ...., , LARGE COUNTIES - POPULATION OVER 75,000 TOTAL STATE 2000 CENSUS NUMBER OF STATE FUNDING FUNDING FOR COUNTY POPULATION1 PRECINCTS2 PER PRECINCT COUNTY ALACHUA 217,955 53 $3,750 $198,750 BAY 148,217 47 $3,750 $176,250 BREVARD 476,230 177 $3,750 $663,750 BROWARD 1,623,018 618 $3,750 $2,317,500 CHARLOTTE 141,627 63 $3,750 $236,250 CITRUS 118,085 35 $3,750 $131,250 CLAY 140,814 51 $3,750 $191,250 COLLIER 251,377 96 $3,750 . $360,000 DUVAL 778,879 268 $3,750 $1,005,000 ESCAMBIA 294,410 108 $3,750 $405,000 HERNANDO 130,802 51 $3,750 $191,250 HIGHLANDS 87,366 24 $3,750 $90,000 HI LLSBOROUGH 998,948 320 $3,750 $1,200,000 INDIAN RIVER 112,947 38 $3,750 $142,500 LAKE 210,528 86 $3,750 $322,500 LEE 440,888 150 $3,750 $562,500 LEON 239,452 95 $3,750 $356,250 MANATEE 264,002 135 $3,750 $506,250 MARION 258,916 96 $3,750 $360,000 MARTIN 126,731 40 $3,750 $150,000 MIAMI-DADE 2,253,362 617 $3,750 $2,313,750 MONROE 79,589 33 $3,750 $123,750 OKALOOSA 170,498 48 $3,750 $180,000 ORANGE 896,344 231 $3,750 $866,250 OSCEOLA 172,493 66 $3,750 $247,500 PALM BEACH 1,131,184 531 $3,750 $1,991,250 PASCO 344,765 132 $3,750 $495,000 PINELLAS 921,482 345 $3,750 $1,293,750 POLK 483,924 163 $3,750 $611,250 SANTA ROSA 117,743 36 $3,750 $135,000 SARASOTA 325,957 142 $3,750 $532,500 SEMINOLE 365,196 133 $3,750 $498,750 ST. JOHNS 123,135 57 $3,750 $213,750 ST. LUCIE 192,695 78 $3,750 . $292,500 VOLUSIA 443,343 172 $3,750 $645,000 SUBTOTAL $20,006,250 $24,093,750 $12,046,875 $12,046,875 TOTAL STATE FUNDING ALL COUNTIES AMOUNT APPROPRIATED FOR 2001-2002 AMOUNT APPROPRIATED FOR 2002-2003 1 Source: The Florida Legislature, Office of Economic and Demographic Research.:~ http://www.state.fl.us/edr/Population/census_counts.xls r.æ rn@rnoWlrni- 2 Source: Florida Department of State, Division of Elections: n 'I http://election.dos.state.fl.us/pdf/2000voterreg/2000gen race. Pdf. I, JUL ;", 2 2002 Appendix A.xls S8 111808/02/011:17 PM , Lr;OlJNTY ATTORNE'(J Page 2 of 2 {J,()()endoc ''J:J'' ..... ..",,¡ CS/SB 1118 FLORIDA ELECTION REFORM ACT OF 2001 STATE FUNDING ASSISTANCE FOR PURCHASE OF, OR REIMBURSEMENT FOR NEW VOTING MACHINES FUNDING ASSUMPTIONS: (1) Counties with populations of 75,000 or less receive full state funding assistance. Counties with populations over 75,000 receive 50% of full state funding assistance. (2) Full state funding assistance is set at $7,500 per precinct, based on a survey of 16 counties that have purchased optical scan precinct-based voting systems. Actual costs identified from that survey range from $5,000 to $10,000 per precinct, generally including the cost of installation and training, and in some cases including other enhancements, (3) State funding assistance will be disbursed in two equal installments on July 1, 2001 and July 1, 2002 in order to match cash disbursements with expected vendor payment schedules. SMALL COUNTIES - POPULATION OF 75,000 OR LESS ,. TOTAL STATE 2000 CENSUS NUMBER OF STATE FUNDING FUNDING FOR COUNTY POPULA TION1 PRECINCTS2 PER PRECINCT COUNTY BAKER 22,259 8 $7,500 $60,000 BRADFORD 26,088 20 $7,500 $150,000 CALHOUN 13,017 13 $7,500 $97,500 COLUMBIA 56,513 31 $7,500 $232,500 DESOTO 32,209 15 $7,500 $112,500 DIXIE 13,827 12 $7,500 $90,000 FLAGLER 49,832 27 $7,500 $202,500 FRANKLIN 11 ,057 8 $7,500 $60,000 GADSDEN 45,087 16 $7,500 $120,000 GILCHRIST 14,437 12 $7,500 $90,000 GLADES 10,576 13 $7,500 $97,500 GULF 13,332 14 $7,500 $105,000 HAMILTON 13,327 8 $7,500 $60,000 HARDEE 26,938 12 $7,500 $90,000 HENDRY 36,210 22 $7,500 $165,000 HOLMES 18,564 16 $7,500 $120,000 JACKSON 46,755 27 $7,500 $202,500 JEFFERSON 12,902 13 $7,500 $97,500 LAFAYETTE 7,022 5 $7,500 $37,500 LEVY 34,450 21 $7,500 $157,500 LIBERTY 7,021 8 $7,500 $60,000 MADISON 18,733 11 $7,500 $82,500 NASSAU 57,663 21 $7,500 $157,500 OKEECHOBEE 35,910 18 $7,500 $135,000 PUTNAM 70,423 50 $7,500 $375,000 SUMTER 53,345 24 $7,500 $180,000 SUWANNEE 34,844 16 $7,500 ..~ $120,000 TAYLOR 19,256 14 $7,500 $105,000 UNION 13,442 11 $7,500 $82,500 WAKULLA 22,863 12 $7,500 $90,000 WAL TON 40,601 32 $7,500 $240,000 WASHINGTON 20,973 15 $7,500 ~ $112,500 SUBTOTAL $4,087,500 Appendix A.xls sa 111808/021011:17 PM Page 1 of 2 '-' ...., ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT BOARD OF COMMISSIONERS John D. Bruhn District 1 Doug Coward District 2 Paula A. Lewis District 3 Frannie Hutchinson Cliff Barnes District 4 District 5 AGENDA July 9, 2002 1. MINUTES Approve the minutes of the meeting held June 25, 2002. 2. GENERAL PUBLIC COMMENT CONSENT AGENDA 1. WARRANTS LISTS Approve Warrants List No. 39 and No. 40. 2. MOSOUITO CONTROL Approval to Surplus Equipment and Acceptance of Purchase Offer - Consider staff recommendation to grant permission to surplus the District equipment referenced, and offer the surplus equipment to interested Mosquito Districts at the values estimated for those items and consideration of "Best Offers" for purchase, and approval to publicly auction the surplus equipment that is not successfully bid upon by another District. ~OTICE: All proceedings hc('orc this BO<ll'd arc elcctrunicall)' recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record ot' the proceedings and for sm:h purpose may need to ensure that;] verhatim record or the proceedings is made. Upon the request or any party to the pmœcdings, individuals testifying during a hl'aring will be sworn in. Any parly to the proceedingswiIJ be granted an opportunity tocross.examine un)' individual tcstil'ying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services ~1anager at (561) 462-1777 or TDD (561) 462-1428 at least forty-ei~ht(48) hours prior to the meeting. ~ ...J MOSQUITO CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: June 25, 2002 Tape: 1 Convened: 10:21 a.m. Adjourned: 10:21 a.m. Commissioners Present: Chairman, John D. Bruhn, Frannie Hutchinson, Cliff Barnes, Paula A. Lewis, Doug Coward Others Present: Doug Anderson, County Administrator, Robert Bradshaw, Asst. County Administrator, Dan McIntyre, Count) Attorney, Ray Wazny, Public Works Director, Paul PhilÌips, Airport Director, Bill Blazak, Utilities Director, Don West, County Engineer, A. Millie Delgado, Deputy Clerk 1. MINUTES (1-3490) It was moved by Com. Hutchinson, seconded by Com. Coward, to approve the minutes of the meeting held May 28,2002; and, upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENTS I None 3. CONSENT AGENDA It was moved by Com. Barnes, seconded by Com, Coward, to approve the Consent Agenda; and, upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List Nos. 35 through 38. 2. MANAGEMENT AND BUDGET Budget Resolution No. 02-03- The Board approved the budget resolution for the router reimbursement in the amount of$4,197.34. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of Circuit Court 07/05/02 F7.ABWARR FUND 145 TITLE Mosquito Fund ~ ST. LUCIE COUNTY - BOARD ..., WARRANT LIST #40- 29-JUN-2002 TO 05-JUL-2002 FUND SUMMARY- MOSQUITO GRAND TOTAL: .. EXPENSES 11,803.21 11,803.21 PAGE 1 PAYROLL 27,488.22 27,488.22 . -- 06/28/02 FZABWARR FUND TITLE ....,. ST. LUCIE COUNTY - BOARD "-' WARRANT LIST #39- 22-JUN-2002 TO 28-JUN-2002 FUND SUMMARY- MOSQUITO 145 Mosquito Fund GRAND TOTAL: EXPENSES 15,397.24 15,397.24 PAGE 1 PAYROLL 0.00 0.00 . "'- ..... ...¡ AGENDA REQUEST ITEM NO. C - 2 DATE: July 9, 2002 TO: MOSQUITO CONTROL DISTRICT BOARD REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: SUBMITTED BY(DEPT): Mosquito Control James R. David SUBJECT: Approval to Surplus Equipment and Acceptance of Purchase Offer BACKGROUND: In order to meet the requirement of Chapter 388,323, Florida Statutes, surplus equipment must first be offered to other Mosquito Control Districts through the Department of Agriculture and Consumer Services, Bureau of Entomology and Pest Control, prior to conducting a public auction of the equipment. A list of proposed surplus equipment is attached for Board consideration. FUNDS AVAIL.: N/A PREVIOUS ACTION: Board approval of Surplus Sales in FY'02 Budget Process RECOMMENDATION: Staff recommends Board approval to surplus the District equipment referenced in the attached list, Board authorization to offer the surplus equipment to interested Mosquito Districts at the values estimated for those items and consideration of 'Best Offers' for purchase, and Board approval to publicly auction the surplus equipment that is not successfully bid upon by another District. COMMISSION ACTION: ~ APPROVED [] DENIED [ ] OTHER: Review and Approvals County Attorney: ~ating Dept. Management & Budget ~aSing : Other: Other: Finance: (Check for opy only. if applicableL Eff. 5/96 ...... ...¡ MOSQUITO CONTROL DISTRICT MEMORANDUM TO: Mosquito Control District Board FROM: James R. David, Mosquito Control Director cp1 DATE: June 27, 2002 RE: Approval to Surplus Equipment BACKGROUND: In order to meet the requirement of Chapter 388.323, Florida Statutes, surplus equipment must first be offered to other Mosquito Control Districts through the Department of Agriculture and Consumer Services, Bureau of Entomology and Pest Control, prior to conducting a public auction of the equipment. A list of proposed surplus equipment is attached for Board consideration. RECOMMENDATION: Staff recommends Board approval to surplus the District equipment referenced in the attached list, Board authorization to offer the surplus equipment to interested Mosquito Districts at the values estimated for those items and consideration of 'Best Offers' for purchase, and Board approval to publicly auction the surplus equipment that is not successfully bid upon by another District. cc: file H:\ WP\AGENDA \2002\Surplus Sale No.3_mem.wpd ~ '..I DIVISION OF MOSQUITO CONTROL MEMORANDUM TO: FROM: DATE: SUBJECT: All Mosquito Control County and District Programs James R. David, Mosquito Control Director f'..AM June 27, 2002 'I y." Disposition of Surolus Property In compliance with Chapter 388.323 Florida Statutes, the Saint Lucie County Mosquito Control District Board is making available the following list of surplus property for State/District purchase: Minimum Bid! Best Offer 1. 1978 Dayton Speedair Air Compressor............................................Junk (ref. PR 203277) A Mosquito Control District or program seeking to purchase any of these items may inspect them at the District compound between 8:00 am and 3:00 pm, Monday through Friday. This offer will expire on July 16, 2002, after which date all equipment will be sold at public auction. If you have any questions please call 772- 462-1686 or fax the District at 772-462-1565. cc: fIle