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Agenda Packet 05-28-02
'-' .",¡ I\1AY 28, 2002 9:00 A1'vI BOARD OF COUNTY C011IvIISSIONERS I\1EETING }\GENDA WELCOME GENERAL RULES AND PROCEDURES AttLlchrd is thl:' agl:'nda which will dl:'termine the orde,- of business conducted at today's Boare! meeting: CONSENT .\GENDA- These items are considered routine and are enacted by one motion. There \\'illlw no separate discussion of these it ems unless a Commissioner so requests. REGUL'\.R AGENDA ITE1\lS- Proclamations, Presentations, Public Hearings, and Department requests are items which the Commission will discuss individually usually in the order listl:'d on thc agl:'nda. FUBLlC HEARINGS- Thesl:' items are usually hl:'ard on the first and third Tuesdays at 7:00 P.IvL 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.NI., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations arc intended to indicLltC' that an item ""ill not be addressed nnor to the listed time. The Chairman will opcn each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five mmutes. 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. .-'\.DDRESSING THE COMlvlISSION- Please state your name and address, speaking clearly into the m1crophone. If YOLl have backup material, please hav'e eight copies ready for distribution. NON-AGENDA ITF!\[S These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PIIB]JC COIlJ!\[ENT- T1me is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUl\!- Please be respectful of others opinion. Ì\rEETINGS All Board meetings arc 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 othenvise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these \\'orkshops. 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 (56l) 4621428 at least forty-eight(48) hours prior to the meeting. \w , ...., \VW\V.stlllci eco.go\ 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 May 28, 2002 9:00 AJ\l. INVOCATION PLEDGE OF ALLEGIA\'CE "Star S¡7Ungleä Banner" performeÛ by Fairlmvn Elemel11ùry School Chorus 3. MI!\UTES Approve the mmutes of the meeling held May 21, 2002. Approve-&- PR DCI AMA TIO'fS I PRESE'fTA TIONS l\--O (i?Jiut¡,lll+) Resolution No. 02-131- PlOclaimmg the week oOune 2,2002 through June 8,2002 as "Chamber of Commerce \Veek" in St. Lucie County, Florida. ~(O'~ GENERAL PUBLIC COivI!\lEI\'T Lf - B~~lJ CONSENT AGEê'JDA fWp-Dv-ad ,,¡2Ws &A I ..J'U-I)I'.f JJ J 1. 2. 4. .,,>1,: ,,~.~~. X~ 'tf"" :"'-f~:3íj' \"'l, :~i PUBLIC HEARINGS 5Þ,. There are no public hearings scheduled for May 28, 2002 t;nd of Public Hearings l¡{!i'A'f;JiW'¡'~¡'W¥t~j:;&&@Ä~':~f':·.,;#:"'~!~~:',,_h'!<~:~~~j{ft-~ß¡m ~treMa if _:.~_:~~!å~ ~U!¥!,¡¡r,l;~~\:~wt NOTICE: All Proceedin<Js hefore this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record ofthe proceedmr<Js and for such purpose may neeo to ensure that a verbatim record ofthe proceedings is made. Upon the reques of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will bè granted the opportunity to cross-examine any indiVidual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend tbis meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-14Z8 at least forty-cight(48) hours prior to the meeting. \w , '-.IÌ REGUL.\R AGENDA ìVIAY 28, 2002 PAGE TWO G. LiTILITIFS Treasure Coast Regional Utilities Organization - Consider staff recommendation to approve the Interlocal Agreement creating the Treasure Coast Regional Utilities Organization and authorize the Chairman to execute the agreement. Staff further requests that the Board appoint William Blazak, Utility Director, as the official reprl:'sentative and Robert Bradshaw, Assistant County Administrator, as the ,¡ltt'rnate. Ap¡ Jd (If-O) ßûJvJ~ .\D\[JNISTRATION p'b f. Bi-\\'ee](ly Committee Reports - The Board will provide committee and advisory board updates. ~r-f6 9lum . AGRICCLTURE 8. 9. Position Request No. PS02-060 and No. PS02-061 - Consider staffrecommendation to approve the position requests establishing two positions to work at the Agri- Science Education Center as outlined in the pending Interlocal Agreement between St. Lucie County and the St. Lucie County School ~ard. ,., ~ COUNTY ATTORNEY ftÇ1Jíðv.t& (If 0 ) RJrtLAiJ . {bIi.Ú\t\ f-bîe., A. Resolution No. 02-138 Amending and Restating Resolution No. 02-126 Authorizing the' Issuance of Port Revenue Bonds - Consider staff recommendation to adopt the resolution as (}rafted and authorize the Chairman to sign the resolution. 1lpp~ (b ,..0 ) B. Agri-Science Education Center / Interlocal Agreement wilh St. Lucie Count} School Board - Consider staff recommendation to approve the agreement, and authorize the Chairman to sign the agreement. A(Jp0lk!d (6-0 ) '-" J CONSF\T AGENDA 1\1a\ 28. 2.QQ2 1. WAR RANTS LIST Approve warrants list No. 34 2. PARKS & rŒCREATIQb' A. Community Parks System 1\Iaster Plan / Lawnwood Recreation Comple.>; !\!Iaster Plan Update (Parks ReIerendum) - A written report has been fOrYvarded to the Board. B. J.akewood Park Field Renovation Project - Consider staff recommendation to accept the project and release retainage in the amount of 518,150 to Recreational Design & Construction in the amount of $18,150. C. Equipment Request No. 02-221 / Budget Amendment No. 02-13 5 - Consider ?taff recomm(Ondation to grant permission to go out for bid to purchase an emergency generator Ior Thomas j. White Stadium, and approve the equipment request and budget amendment for the purchase. 3. PUBLIC WORKS A. Professional Engineering Senices Construction Management - Consider staff recommendation to approve the one year extension to the consultant agreements for construction management with American Consulting Engineers, P.L.e., and Keith & Schnars, P.A., and authorize the Chairman to sign the agreement. B. Treasure Cove / Ocean Harbor South MSBU Project - Consider staff recommendation'to approve Amendment No.1 to Work Authorization No. S to the Agreement for Continuing Professional Engineering Services with LBF & H, Inc. for construction and management engineering services during the construction of wastewater improvements in the amount of $19,200, and mlthorize the Chairman to execute the Work Authorization. C. Hidden River Estates Stormwater Improvements Additional Services - Consider staff recommendation to approve Work Authorization NO.6 to the Agreement for Continuing Professional Engineering Services for Hazen and Saìvyer, P.c., to provide additional services in the amount of $8,300, and authorize the Chairman to execute the Work Authorization. D. Equipment Request No. 02-223 - Consider staff recommendation to approve the equipment request for the purchase of three portable radios from Motorola in the total amount of 53,900. '-' """'" CONSENT AGENDA J\JAY 28, 2002 PAGE TWO 4. COUNTY ATTORNEY A. Extension of LeasE' Agreement With the State of Florida Department of Juvenile Justice - Consider staff recommendation to approve the ìvIoelification to Extend Term and authorize the Chairman to sign the ìvIoclification. B. Ninth Addenelum to Contract with Howard Industries, Ine. - Consider staff recommendation to approve the Ninth Addendum and authorize the Chairman to sign the addendum. C. ¡vlobile Irrigation Lab ("J\IlL") Grant / Interlocal Agreement with St. Lucie Soil and \Vater Conservation District - Consider staff recommendation to approve the proposed interlocal agreement for the grant, and authorize the Chairman to sign the agreement. D. Ordinance No. 02-1 G / Amending Noise Control Ordinance - Consider staff recommendation to grant permission to advertise the ordinance for a public hearing on June 18, 2002 at 7:00 pm, or as soon thereafter as possible. E. Ordinance No. 02-18 / Disposition of Surplus Real Property - Consider staff recommendation to grant permission to advertise the ordinance for a public hearing on June 18, 2002 at 7:00 pm, or as soon thereafter as possible. '1. 'vIANAGf,\,iIFNTJ,ND BUDGET A. Budget Resolution No. 02-134 - Consider staffrecommendation to approve the budget resolution to appropriate the funds in the amount of 590,665 from the North St. Lucie River Water Control District (J\'SLR WCD). B. Equipment Request No. 02-222 - Consider staff recommendation to approve the equipment request for the purchase of additional equipment for the Civic Center stage curtain. C. FY 2001 Audit Expenses - Consider staff recommendation to direct the County Attorney to review, and if necessary update the contract with Ernst & Young, LLP and allow the Office of ìvIanagement & Budget to process a change order to the existing Purchase Order in order to pay the additional fees. \.r CONSENT AGENDA fvlAY 28,2002 PAGE THREE -...I 6. PJJRCHASING A. Bid No. 02-040/ Purchase of Herbicides, Pesticides and Fertilizer - Consider staff recommendation to award the bid to multiple suppliers to ensure availability of product, and authorize the Chairman to executl' the agreements as prepared by the County Attorney. B. Bid No. 02-052 / South 25th Street Landscaping (Midway Road to Airoso Blvd.) - Consider staff recommendation to award the bidder to the second low bidder, Sterling Silver Scape and Sod, Inc., in the amount of 5261,121.71, authorize the Chairman to sign the contract as prepared b~l the Counly Attorney, and approve the transfer of funds to cover the cost. C. Bid No. 02-045 / Research Center Road Landscaping - Consider staff recommendation to reject the bid, re\'ise the specifications, and re-advertise the bid. D. Donation of Fuel Tanks, Pumps, Associated Piping and Controls - Consider staff recommendation to consider the items surplus and that they be donated to the St. Lucie County Sheriff's Office. 7. INFORIVIATION TECHNOLOGY Annual Agreement with ACS Government Systems, Ine. - Consider staff recommendation to approve the annual agreement for licenses and Remote Database Administration Support Services for Banner applications pending final approval by the County Attorney. 8. AGRICULTURE Budget Amendment !\'o. 02-136 - Consider staff recommendation to approve the budget amendment to transfer 5500 from General Fund Contingency to be used for 4-H State Legislature registration fees. 0. COl\[:\IUNITY DEVELOPMENT Heé\der Randles Subdivision - Consider staff recommendation to approve the final plat and authorize s Laft' to proceed with its final processing. Ii \.r' ..,j St. Lucie County Board of County Commissioners Announcements May 28, 2002 A. The 2002/2003 Budget Overview will be held on July 9,2002 at 2:00 pm in Room 101. B. The June 11, 2002 Board of County Commissioners Meeting has been cancelled. C. The Board of County Commissioners will hold a Parks Master Plan Workshop on July 1, 2002 at 2:30 Pl\l, in the Commission Chambers. D. The Board of County Commissioners will hold a Erosion Workshop on May 31, 2002 at 2:00 pm, in the Commission Chambers. E. The August 6, 2002 Board of County Commissioners Meeting has been cancelled. F. There will be a Joint 01eeting with the Board of County Commissioners, the City of Port St. Lucie ane! the City of Fort Pierce on June 6, 2002 at 2:00 pm in the Commission Chambers to discuss Transit. 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 tor 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 indivi(jual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the 51. Lucie County Community Services Manager at (561) 462- 1777 or TTD (561) 462-1428 alleasl lorty-eight (48) hours prior to the meeting. '-"" ...",,¡ ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT BOARD OF COMMISSIONERS John D. Bruhn District] Doug Coward District 2 Paula A. Lewis Di~tdct 3 Frannie Hutchinson Cliff Barnes District 4 District 5 AGENDA May 28, 2002 1. j\ ¡¡Nt JTES Approve the minutes of the meeting held April 23, 2002. 2. GENERAL PJJBLIC C01Vß1ENT CONSENT AGENDA 1. WARRANTS LISTS Approve Warrants List No. 30 through No. 34. 2. MOSQUITO CONTROL A. Indian River Lagoon License Plate Program FY2002 / Grant Acceptance - Consider staff recommendation to accept the grant in the amount of $56,816, execute the agreement '''lith South Florida Water Ì\lanagement District pending County Attorney review and approval, approve Equipment Request No.'s 02-218, 02-219, and 02-220 to purchase two 7,000 GPill electric pumps and one Web Cam, adopt Budget Resolution No. 02-02, and authorize the Chairman to execute the Budget Resolution, appropriating the funds. B. Declaration of Surplus Property and Acceptance of Purchase Offer- Consider staff recommendation to surplus the referenced equipment, and accept the offer from the Lee County Mosquito Control District in the amount of $1,000 for the purchase of one surplus pump. (property Record No. 203192). :SOTICE: .-\11 proceedings before this ßO~1rd arc electronically rcconled. Any persoll who decides to appealafl)' 3ctÎrlll taken hy the BO:Jrd at these meetings will need ;] rl't:md of the proceedings and for such purpose mJ)' need to ensure that a \'crbntim record of the prcceedings is mo.de. Upon the request or any party to the proceedings, inclividu::lls testifying during ¡¡ hl'nring will he sworn in. Any party In the proceedings will be granted an oPPo11unity to c¡-ass-examine any indi"idual testifyillg during a hl'~lring upon request. Anyone with a òis:lbiJity requiring nccommod:Jtion to attend this mecting should contact the St. Lucie County Community Sl'l"\-jccs \hln;¡ger at (561) .:162·1777 or 1'DD (561) 462-U28 at least fort~·.cight(4f1) hours prior to the mt'eting. \.f ....,J 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 I. !\lay 28, 2Cl02 MINUTESd- Appmvc the minutes of the meeting held April 23, 2002. ¡<VQ( OJ ÇrENERAL PLJEl Ie CO!\I\IENT 2. CONSENT AGENDA ~ ~~\O~ 1. WARRANTS LISTS Approve Warrants List :\0. 30 through No. 34. 2. MOSOUITO CŒ\TROL A. Indian River Lagoon License Plate Program FY2002 / Grant Acceptance - Consider staff recommendation to accept the grant in the amount of $56,816, execute the agreeme.nt with South Florida Water \!anagement District pending County Attorney review and approval, approve Equipment Request No.'s 02-218, 02-219, and 02-220 to purchase two 7,000 GP¡\l electric pumps and one Web Cam, adopt Budget Resolution No. 02-02, and authorize the Chairman to execute the Budget Resolution, appropriating the funds. B. Declaration of Surplus Property and Acceptance of Purchase Offer- Consider staff recommendation to surplus the referenced equipment, and accept the offer from the Lee County \losquito Control District in the amount of 51,000 for the purchase of one surplus pump. (property Record No. 203192). :\01'1C[: All proceeding:> before this BO~lrcJ are ckctronically recorded. AllY person who decides to appcaI3n~· action taken hy the Board at these meetings will need 3 r\'\-"ürd of the proceedings unci ror such purpo~ m3~" need 10 ensure that a "crbatim record of the proce-e-dings is made. Upon thl' request of an;}' party to the pÏ')(¿~Jings, indh'iduals testifying during 3 ¡waring" ill be sworn in. An)' party to the proceedings will be gr.,mted 311 opportunity to cross-examine llll)' indiyidual t?:,:jf!ing during ,1 hearing lIpDll request. Anyone with::l disahilily H'quiring accommodatiun to attend this me-eting should contact the St. Lucie County Community ':::èr\iù'o; :\1;lIld~er al (561) JG2·1777 Of TDD (561) -162-1-128 at lcast fody-eighH-lS) hours prior to the meeting. \r ...",¡ BOARD OF COUNTY COMMISSIONERS ADDITIONS AGENDA May 28. 2002 CONSENT AGENDA County Attorney C-A.I Approval of Plat of Midway Commerce Center, Ltd. Consider staff recommendation to authorize the Chairman to sign the plat of Midway Commerce Center as approved by the City of Port St. Lucie. ~~)(?J~ NOTICE: All Proceedings before thls 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, indi....iduals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross- examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) houfS prior to the meeting, \w ....J BOARD OF COUNTY COMMISSIONERS ADDITIONS AGENDA May 28. 2002 CONSENT AGENDA County Attorney C-A.l Approval of Plat of Midway Commerce Center, Ltd. - Consider staff recommendation to authorize the Chairman to sign the plat of Midway Commerce Center as approved by the City of Port 51. Lucie. NOTICE: All Proceedings before this Boa.rd <lre electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of me 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 anyindÎ\idual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the 51. Lucie County Community Services Manager at (561) 462-1777 or TOO (561) 462-1428 at least lorty-eight(48) hours prior to the meeting. \r../' AGENDA REQUEST .....J /\ r !J.,.I ITEM NO. V 0... DATE: May 28, 2002 REGULAR [] PUBLIC HEARING [] CONSENT [XX] ADDITIONS TO: BOARD OF COUNìY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Approval of Plat of Midway Commerce Center, Ltd. BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board authorize the Chairman to sign the plat of Midway Commerce Center as approved by the City of Port St. Lucie. COMMISSION ACTION: M APPROVED [ ] DENIED [ ] OTHER: ouglas Anderson County Administrator County Attorney: ~ Review and Approvals Management & Budget County Surveyor: Originoting Dept. Public Works Dir: County Eng.: Finance: (Check for Copy only, if applicable) Eff. 5/96 -" \. ....J INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: FROM: C.A. NO. DATE: SUBJECT: Board of County Commissioners Daniel S. McIntyre, County Attorney 02-774 May 24, 2002 Approval of Plat of Midway Commerce Center, Ltd. ---------------------------------------------------------------------- ---------------------------------------------------------------------- BACKGROUND: Paul Rhodes, as developer of Midway Commerce Center, donated property to the County within his proposed Midway Commerce Center subdivision to allow the construction of a building for the St. Lucie County Health Department. The property was donated before the property was platted. The Health Department building is complete and all related infrastructure has been constructed. The developer is now attempting to file a plat for the Midway Commerce Center subdivision and has obtained the approval of the City of Port St. Lucie. A copy of City Resolution 02-R16 is attached. Under City requirements, the plat must be recorded within one hundred twenty (120) days from the date of approval. Since the County owns property within the proposed subdivision, the County is required to join in the plat. The County Surveyor has reviewed the proposed plat and determined that it meets state requirements. RECOMMENDATION/CONCLUSION: Staff recommends that the Board authorize the Chairman to sign the plat of Midway Commerce Center as approved by the City of Port St. Lucie. Daniel S. McInty e County Attorne DSM/ caf Attachment \w- ....; COUNCn.ITEU liD DATe 1/28/02 I,:. RESOLUTION 02- R16 A RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND CONSTRUCTION PLANS FOR. MIDWAY COMMERCE CENTER LTD. BEING A FINAL PlAT OF P-ORT ST. LUCIE SECTION 48, TRACT "An, WITHIN THE CITY OF PORT ST. LUCIE, FLORIDA; AUTHORIZING TH~ OWNER TO CONSTRUCT THE APPROVED IMPROVEMENTS; PROVIDING AN EFFECTIVE "DATE. WHeREAS, the City of Port St. Lucie, Florida has been requested by Stephen Cooper. P.c. agent for Midway Commerce Center. Ltd. a Florida . Limited Partnership to approve the Preliminary and Final Plat and construction plans for the Midway Commerce Center beIng a final plat of Port Sl Lucie Section 46. Tract ftAft within the City of Port St. Lucie, Florida; and WHEREAS. there are private roads and/or drainage and utility facilities which have been construction within the plat by the developer; and there are improvements that have yet to be constructed by the developer; and WHEREAS, the plat conforms to Chapter 156. Port St Lucie City Code, . and meets all state requirements for such plats. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ST. LUCIE}.S FOLLOWS: Section 1. That the City Council hereÞy approves the Final Plat and construction drawings for Midway Commerce Center within 1he City of Port St. Lucie, Florida, said "final pl=rt being offered by Midway Commerce Center. Ltd. a Florida Limited Partnership as owners and title holders of said property subject to .....1 ....lo.o~I'U"'-' 0",11 ¡.~ \.r ......I RfSOl UTION 02-R16 the following c-.ondition: 1. Prior to recordation, bonding or other surety must be in place to provide for installation of the required landscaping, Section 2. This Resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Port St Luoie, Florida, this 28th day of J~, 2002_ ",..--. .....\:.t).; ~'. .' \. '1ß~~ .. ,<~? . t:\ ..'.. ' .':';' ,_. (' ..... . '," t......~;,""" ': ! :- :: (,~1"'?~~}i \'~ .-:-.,: ... ..,~. \ .\ SE^L' /ß,: , '<.; . ". I . . 1 .' ,; . '. ,. ....... 'J .~~ l' '. . -8.1. "" '.'.. .. " CITY COUNCIL. CITY OF PORT ST. lUCIE y Robert E. Minsky, MaY()f By: Sandra K Johnson, City Clerk APPROVED AS TO FORM: rHO", t:I.;l '-' ....., BOARD OF COUNTY COMMISSIONERS PUBLIC WORKS DIRECTOR Roy Wozny, P.E. January 22,2002 Mr. Paul Rhodes Midway Commerce Center 500 Australian Avenue So., Suite 110 West Palm Beach, FL. 33401 Dear Mr. Rhodes: Thank you for your letter of January 3, 2002. St. Lucie County has no objections to the revision of the Midway Commerce Center Plat as'outlined in your letter of January 3, 2002. Please call me at (561) 462-1485 if you have any questions. ~ '\f'\l17~ ~\ _ ~q \?,., ,J~_.J:;..-' \.\:; \ ~-':) L~ \~~.. ~;. . ~.j Sincerely, u: J~N 2. Ii 'lSI\1?. JOHN 0, O~UHN. Di,"'c, No.1' DOUG COWARD. Distric, NO.2· PAULA A. LEWIS. DiStrict No. J . FI'IANNIE HUTCHINSON. Dist"cr No.4' CLIFF OARNES. DiStriC' NO.5 Counry Adminlsrraror . Douglos M. Anderson 2000 Virginia Avenue · Fr. Pierce. FL J4982 Public Works: (561) 462-1485 · FAX (561) 462-2062 Division of Engineering: (561) 462-1707 Fox 462-2362 . Division of Rood & ßridge: (561) 462-2511 FAX 462-2363 Division of Solid Waste: (561) 462-1768 FAX 462-6987 Division of ßuilding & Inspections: (561) 462-1553 Fox 462-1735 . TOD (561) 462-1428 '-' "'-rJ MAY 28, 2002 9:00 AM BOARD OF COUNTY CO IvII\11 S S I 0 NERS I\1EETIN GAG END A WELCOME GENERAL RULES AND PROCEDURES ."\ttachecl is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA- These items arc considr'red routine and are enacted by one motion. There wi11 be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA ITEMS- Proclamations, Presentations, Public Hearings, and Department rrquests are items which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS- These items arc 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, ìvhich begins at 9:00 AM., then public hearings ì\ill be heard at 9:00 AM. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressedlJrior 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 \"ill be limited to five minutes. As a general rule, when issues arc 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. ¿:\DDRESSl"'G THE COlvIMISSION- Please state your name and address, speaking clearly into the microphoJ1(·. If you have backup material, plC'ase have eight copies rC'ady for distribution. NON-AGENDA ITEMS- These itr'ms are presented by an individual Comm1ssioner or staff as necessary at the conclusion of the printed agenda. PUBLIC CO!\HvlENT- Time is allotted at the beginning of each meeting for general public comment. Please llmit comments to five minutes. D_E CQßlJ0 1 - Please be respectful of others opinion. MEETINGS- All Board meetings arc 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 advC'rtised. Ivleetings are held in the County Commission Chambers in the Roger Poitras Administration AnnC'x at 2300 Virginia Ave., Ft. Pierce, rL 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 meC'ting 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. \.r .....,; \ VVV, v.stlucieco.gov John D. llruhn Doug Coward Paula A. Lewis Frannie Hutchinson Cliff Barnes District 1 District 2 District 3 District 4 District 5 ßOARD OF COUNTY COMMISSIONERS AGENDA !vIay 28,2002 0:00 AIv!. INVOCATION PLEDGE OFALLEGLi\NCE "Star Spangled Banner" performed by Fair/awn flemel1lQry School Chorus 1 . MINUTES . Approve the minutes of the meeting held :May 21,2002. 2. PROCLAMATIONS / PRESENTATIO'\S Resolution No. 02-131- Proclaiming the week ofJune 2,2002 through June 8,200:2 as "Chamlwr of Commerce Week" in St. Lucie County, Florida. 3. GENER.i\L PUBLIC COrvlIvIENT 4. CONSENT AGENDA ~~HI@"'Jii/~-:,:*,jf,f#\,*;gi1t0;.~Ætf'Á~f_@W$þ.rttm~~",,~i~,~r¡~1~>:Vy..,~f:§!~'if~~,t~:~~~~___""","-,,_;_~~~4Wfi<t'ft'1':':;)'~J PUBLIC HEARINGS SA There arc no public hearings scheduled for May 28, 2002 End of Public Hearings 1;'1~'&'&:~~:'$jhtt;::~~~W~~~i@f.¡¡it\~'\t:¥~~~k'-!"_- '__,~~Mí~~~i¡<;m~,l1:m!;ln;J~:1t~~"~ 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 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 proceedincrs, individuals testifying during a hearing will be sworn in. Any party to the proceedings will bè granted the opportunity to cross-examine any indiVIdual testifying during a hearing upon request. Anyone "ith a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Servicés Manager at (561) 462-1777 or TDD (561) 462-14:28 at least forty-eight(48) hours prior fo the meeting. "" ....; REGUl.AR AGENDA IvlAY 28,2002 PAGE TWO C. [JTII HIES Treasure Coast Regional Ctilities Organization - Consider staff recommendation to approve the Interlocal ,-\greement creating the Treasure Coast Regional Utilities Organization and authorize the Chairman to execute the agreement. Staff further requests that the Board appoint William Blazak, Utility Director, as the official representative and Robert Bradshaw, Assistant County Administrator, as the alternate. 7. ADl\UNlSTRA TION Bi-wee1<:ly Committee Reports - The Board will provide committee and advisory board updates. 8. AGRICULTURE Position Request l'-;o, PS02-0GO and No. PS02-061 - Consider staff recommendation to approve the position requests establishing two positions to work at the Agri- Science Education Center as outlined in the pending Interlocal :\greement between St, Lucie County and the St. Lucie County School Board. 9, COUNTY.ATTORì\EY A. Resolution No. 02-138 Amending and Restating Resolution No. 02-126 Authorizing the' Issuance of Port Revenue Bonds - Consider staff recommendation to adopt the resolution as drafted and authorize the Chairman to sign the resolu tion. B. Agri-Science Education Center / Interlocal Agreement ìl-ith St. Lucie County School Board - Consider staff recommendation to approve the agreement, and authorize the Chairman to sign the agreement. '-' .~ CO"l.SENT AGEI\D.-\ Ivrav 28, 2002 1. WAIŒi\NTS LIST Approve warrants list No. 34 2. PARKS & RECREATION A. Community Parks System JI.'1aster Plan / Lawnwood Recreation Complex I\'laster Plan Update (parks Referendum) - A written report has been forwarded to the Board, B. Lakewood Park Field Renovation Project - Consider staff recommendation to accept the project and release retainage in the amount of $18,150 to Recreational Design & Construction in the amount of 518,150. e. Equipment Request I\' o. 02 -2 21 / EuclgeL-\mendment No. 02-135 - Consider staff recommendation to grant permission to go out for bid to purchase an èmergency generator for Thomas ]. ì\'hite Stadium, and approve the equipment request and budget amendment for the purchase. 3. PUBLIC WORKS A. Professional Engineering Services Construction Management - Consider staff recommendation to approve the one year extension to the consultant agreements for construction management with American Consulting Engineers, P.Le., and Keith & Schnars, P.A., and authorize the Chairman to sign the agreement. B. Treasure Cove / Ocean Harbor South MSBU Project - Consider staff recommendation'to approve Amendment No.1 to Work Authorization No. 8 to the Agreement for Continuing Professional Engineering Services with LEF & H, Ine. for construction and management engineering services during the construction of wastewater impro\'ements in the amount of 519,200, and authorize the Chairman to execute the Work Authorization. C. Hidden River Estates 5tonmvater Improvements Additional Services - Consider staff recommendation to apprO\'e Work Authorization NO.6 to the Agreement for Continuing Professional Engineering Services for Hazen and Sawyer, P.c., to provide additional senices in the amount of $8,300, and authorize the Chairman to execute the Work Authorization. D. Equipment Request No. 02-223 - Consider staff recommendation to appro\'e the equipment request for the purchase of three portable radios from Jl.lotorola in the total amount of 53,900, '-' CO.\SI.\T AGENDA i\L-\Y :28, :2002 P-\ C E TI\' 0 '...I 4. COJINTY A TTOR:-\EY -\. Extension of Lease Agreement With the State of Florida Department of Juvenile Justice - Consider staff recommendation to approve the \Iodification to Extend Term and authorize the Chairman to sign the \10 di fl c a tl 0 n. B. Ninth Addendum to Contract with Howard Industries, Inc. - Consider staff recommendation to approve the Ninth Addendum and authorize the Chairman to sign the addendum. C. f'.'Iobile Irrigation Lab ("IvIIL") Grant / Interlocal Agreement with St. Lucie Soil and Water Conservation District - Consider staff recommendation to approve the proposed interlocal agreement for the grant, and authorize the Chairman to sign the agreement. D. Ordinance No. 02-16 / Amending Noise Control Ordinance - Consider staff recommendation to grant permission to advertise the ordinance for a public hearing on June 18, 2002 at ï:OO pm, or as soon thereafter as possible. E. Ordinance No. 02-18 / Disposition of Surplus Real Property - Consider staff recommendation to grant permission to advertise the ordinance for a public hearing on June 18, 2002 at 7:00 pm, or as soon thereafter as possible. ) \lAN:'.,C[i\IEt\T \0!D BUDGET A Budget Resolution No. 02-134 - Consider staff recommendation to approve the budget resolution to appropriate the funds in the amount of $90,665 from the 0!orth St. Lucie River Water Control District (NSLRWCD). B. Equipment Request No. 02-222 - Consider staff recommendation to approve the equipment request for the purchase of additional equipment for the Civic Center stage curtain. C. FY 2001 ,-\udit Expenses - Consider staff recommendation to direct the County ,-\ttomey to review, and if necessary update the contract with Ernst & Young, LLP and allow the Office of Ivlanagement & Budget to process a change order to the existing Purchase Order in order to pay the additional fees. '-' CONSENT AGENDA lVIAY 28,2002 PAGE THREE ."""" 6. PURCHASING ^. l3id No. 02 -040/ Purchase of Herbicides, Pesticides and Fertilizer - Consider staff recommendation to award the bid to multiple suppliers to ensure availability of product, and authorize the Chairman to execute the agreements as prepared by the County Attorney. B. Bid No. 02-052 / South 25th Street Landscaping ()I[idway Road to Airoso Blvd.) - Consider staff recommendation to award the bidder to the second low bidder, Sterling Silver Scape and Sod, Inc., in the amount of S 2 61 ,121. 71, authorize the Chairman to sign the contract as prepared by the County Attorney, and approve the transfer of funds to cover the cost. C. Bid No. 02-045 / Research Center Road Landscaping - Consider staff Ì'ecommendation to reject the bid, revise the specifications, and re-advertise the bid. D. Donation of Fuel Tanks, Pumps, Associated Piping and Controls - Consider staff recommendation to consider the items surplus and that they be donated to the S1. Lucie County Sheriff's Office. 7. INFOR!\1ATION TECHNOLOGY Annual Agreement with ACS Government Systems, Inc. . Consider staff recommendation to approve the annual agreement for licenses and Remote Database Administration Support Services for Banner applications pending final approval by the County Attorney. R. A0RICUL TURE Budßet Amendment No. 02-136 - Consider staff recommendation to approve the budget amendment to transfer $500 from General Fund Contingency to be used for 4-H State Legislature registration fees. 9. COMMUNITY DEVELOPMENT Header Ranches Subdivision - Consider staff recommendation to approve the final plat and authorize staff to proceed with its final processing. \.' ..., St. Lucie County Board of County Commissioners ~'1'!!!~";¡"."",.",_ """ Announcements May 28/ 2002 A The :2002/2003 Budget Overview will be held on July 9, 2002 at 2:00 pm in Room 101. B. The June 11, 2002 Board of County Commissioners :Meeting has been canceJled. C. The Board of County Commissioners will hold a Parks Master Plan "-orkshop on July 1, 2002 at 2:30 PM, in the Commission Chambers. D. The Board of County Commissioners will hold a Erosion Workshop on \'lay 31, 2002 at 2:00 pm, in the Commission Chambers. E. The August 6, 2002 Board of County Commissioners Meeting has been cancelled. F. There will be a Joint Meeting with the Board of County Commissioners, the City of Port St. Lucie and the City of Fort Pierce on June 6, 2002 at 2:00 pm in the Commission Chambers to discuss Transit. _·:t_ NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeai any action taken by the Board at these meetings ",ill need ê 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 ',',ill be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring açcorr.rr.odation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462- 1777 or TTD (561) 462-1428 at least forty'eight (48) hours prior to the meeting. \.' ....., ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT BOARD OF COMMISSIONERS John D. Bruhn Doug Coward District 1 -----.District 2 Paula A. Lewis District 3 Frannie Hutchinson Cliff Barnes District 4 District 5 AGENDA ¡Vlay 28, 2002 1, MINl'TES Approve the minutes of the meeting held April 23, 2002. ') GENERAL PUBLIC CotvIMENT CONSENT AGENDA 1. WARRANTS LISTS Approve \\'arrants List No, 30 through No. 34. ') !V[OSQUITO CONTROL A. Indian River Lagoon License Plate Program FY2002 / Grant Acceptance - Consider staff recommendation to accept the grant in the amount of 556,816, execute the agreement with South Florida Water Management District pending County Attorney review and approval, approve Equipment Request No.'s 02-218, 02-219, and 02-220 to purchase two 7,000 GPM electric pumps and one Web Cam, adopt Budget Resolution No. 02-02, and authorize the Chairman to execute the Budget Resolution, appropriating the funds. B. Declaration of Surplus Property and Acceptance of Purchase Offer- Consider staff recommendation to surplus the referenced equipment, and accept the offer from the Lee County Mosquito Control District in the amount of $1,000 for the purchase of one surplus pump. (Property Record No. 203192). :'\OTICE: All proceedings before this Board arc clcctronicêllly recorded. Any person who decides to appeal any action taken by the Board at these meetings wi!] need a rc..:ord of the proc~l'dîngs ;)Ild for such purpose may need to ensure that a yerbatim record of the proceedings is mnde. Upon the request of an~' part)' to the pnX"t't'dill~s, ¡neli\ idu:lls testifying during a headng will be SWDrn in. All)' party to the proceedings will be grunted an opportunity to cross-examine un)" indi....idual te~!ifyillg during ,I he:ll"ing: upon reqllC$t. Anyone with a disnbility requiring acconmlodation to attend this meeting should contact the St. Lucie County Community Sçr,"Î(es ~I:lll~lgcr ¡It (561) ..t62-1777 or TOD (561) 462-1"'28 at IC;lS1 forty-eight(4S) hours prior to the meeting, " '-' ",J BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: May 21, 2002 Tape: I Convened: 7:00 p.m. Adjourned: 8:30 p.m. Commissioners Present: Chairman, Doug Coward, Cliff Barnes, Frannie Hutchinson, Paula A. Lewis, John D. Bruhn Others Present: Doug Anderson, County Administrator, Ray Wazny, Public Works Director, Dan McIntyre, County Attorney, Paul Phillips, Airport Director, Dennis Murphy, Community Development Director, David Kelly, Planning Manager, DonWest, County Engineer, A. Millie Delgado, Deputy Clerk 1. MINUTES (1-0044) It was,moved by Com. Bruhn, seconded by Com. Hutchinson, to approve the minutes of the meeting held May 14,2002; and, upon roll call, motion carried unanimously. 2. PROCLAMATIONS/PRESENTATION Resolution No. 02-129- Proclaiming the month of June, 2002 as" Myasthenia Gravis Awareness Month" in St Lucie County, Florida It was moved by Com. Lewis, seconded by Com. Bruhn, to approve Resolution No. 02-129; and, upon roll call, motion carried unanimously. 3. GENERAL PUBLIC COMMENTS Mr. Charles Grande, Hutchinson Island resident, addressed the Board regarding item C4B and suggested the Board drop Ft. Pierce Development from the list of companies to provide a presentation to the Board for port development. 4. CONSENT AGENDA (1-144) It was moved by Com. Bruhn, seconded by Com., Barnes to approve the Consent Agenda to include the additions; and, upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 33. 2. PUBLIC WORKS ^. 1':ngillcerillg/NSLl~W(,I) ('allal Relro/its alld Iliddell River Es[ates Stonllwater Relrolit- Thc Board approved Amcndmcnt I to the grant agrccmcllt with FDEP ror a timc cxtcnsion and authorized the Chairman to execute the contract. B. Engineering/Sunland Gardens MSBU/Interlocal Agreements with the Property Appraiser and Tax Collector- The Board approved the agreements and authorized the Chairman to sign the agreements. 05/17/02 F'7.ABWARR FUND 001 001131 001137 001140 001143 001243 001258 001265 001266 001267 001269 001271 001809 101 101001 101003 101006 102 102001 102104 105 - ., 001 107002 107003 113 114 116 117 119 121 123 127 136 140 140121 140309 140310 140312 140314 140322 160 183 183001 183004 184203 JQ4204 002 \.r '''--------, ST. LUCIE COUNTY - BOARD 'WI WARRANT LIST #33- 11-MAY-2002 TO 17-MAY-2002 FUND SUMMARY TITLE General Fund FTA Section 5303 Grant FY01 Zora Neala Hurston Dust Tracks Heri Section 112/MPO/FHWA FYOl/02 Health & Human Srvcs CSBG FY01/02 Childern's Environ. Learning Center TDC Planning Grant FYOOjOl TDC Planning Grant FY01/02 CTD TRIP Grant FY01/02 EMPA 011.02 Dept. of Community Affai FDEP-Urban Mobile Lab Grant 01/02 DHR-Historical Museum Grant-In-Aid SFWMD-Floridian Aquifer Well 01/04 TransP9rtation Trust Fund Transportation Trust Interlocals Transportation Trust/Local Option Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU FDOT Bicycle/Pedestrian Coordinator Library Special Grants Fund Fine ~ Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper Harmony Heights 3 Fund Harmony Heights 4 Fund Sunland Gardens Fund Sunrise Park Fund Holiday Pines Fund Blakely Subdivision Fund Queens Cove Lighting Dist#13 Fund Pine Hollow Street Lighting MSTU Monte Carlo Lighting MSTU#4 Fund Port & Airport Fund FAA Taxiway A-3, Airfield Signage Instailation #236741-1-94-01 Airfield Signage #408784-1-94-01 (FDOT) Taxiway A-3 Phase I Const. Airport Utilities Imp. / FDOT Industrial Park West Development plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-ArbitrationjMediat Ct Admin.- Teen Court Ft. Pierce Beach Restoration South Co. Post Storm Study FDEP SHIP Housing Assistance FY 01/02 EXPENSES, 400,743.02 9,299.20 37.60 1,254.78 10,613.82 1,877.72 48.60 72.51 17,416.80 244.90 184.41 290.08 890.72 45,908.28 55.08 197,276.48 850.00 9,398.76 770.99 191.68 6,735.97 162,961.98 128.76 3,152.50 187.37 201.53 443.45 492.00 122.78 716.97 68.18 250.81 325.24 1,296.22 7,206.76 10,973.57 216.31 1,136.35 327.71 15,498.00 29,408.00 2,134.22 2,523.46 323.70 1,296.75 20,579.54 10,901.00 221.52 PAGE 1 PAYROLL 2,842.24 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 05/17/02 F'7.ABWARR FUND 310002 316 316001 382 399 401 418 421 441 448 449 451 458 461 471 478 479 491 505 505001 606 J '-' ...., ST. LUCIE COUNTY - BOARD WARRANT LIST #33- 11-MAY-2002 TO 17~MAY-2002 FUND SUMMARY TITLE Impact Fees-Parks County Capital Transportation Capital Environmental Land Capital Fund Grey Twig Lane MSBU Sanitary Landfill Fund Golf Course Fund H.E.W. Utilities Fund North Hutchinson Island Utilities NHI Util-Renewal & Replacement Fund NHI Util - Capital Facilities Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist-Renewal & Replace No Cty Util Dist-Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Shared Pool Cash-Property Appraiser Tourist Development Trust-Adv Fund Law Lìbrary GRAND TOTAL: EXPENSES 4,760.00 3,543.37 5,109.75 19,158.54 2,045.14 82,691. 61 6,427.86 17.27 21,007.42 6,159.22 100.67 25,690.17 114.70 9,705.48 12,946.13 7,311.20 1,143.09 5,515.07 294,905.40 1,002.61 300,000.00 921. 35 22,685.58 1,810,217.71 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 7,307.89 0.00 0.00 0.00 0.00 10,150.13 '-"' .....I C. Transportation Enhancement Grant Applications/FDOT - The Board approved the County Administrator signing three grant applications to provide pedestrian bridge crossing for Avenue J over Canal No. 80, sidewalk connection between the Oxbow Eco-Center ¡U~d River's Edge Elel1lent,¡ry and North Hutchinson Island sidewalk extension to Avalon Parle D. Transportation Enhancement Grant Application/FDOT- The Board approved the County Administrator to sign the grant application to constmct a landscape beautification buffer along Entrada A venue and Rio Mar Drive. 3. COUNTY ATTORNEY A. Petition to Abandon Schwab Road /Permission to Advertise- The Board approved advertising a public hearing to be held on June 25, 2002 at 9:00 a.m. or as soon thereafter as possible. B. Permission to Advertise/Ordinance No. 02-17/Dori Slosberg River Education Safcty Act- The Board approved advertising a public hearing on June 18,2002 at 7:00 p.m. or as soon thereafter as possible. 4. PURCIIASING A. RFP No. 02-027/Port Engineering Services- The Board approved awarding the RFP to Han Padron Associatcs and Taylor Engineering, Inc., and authorized staff to negotiate contracts and authorized the Chairman to sign the contracts as prepared by the County Attorney. B. RFQ No. 02-027/Port of F1. Pierce, Fl. /Design Build and Operation for Development of 87 Acres or a Portion Thereof- The Board approved the Review Committee's recommendation to consider Sun Resorts International non-responsive, and authorized that Fort Pierce Development LLC, The Haskell Company, and World Port, LLC provide oral presentations to the Board and Committee. 5. - SHERIFF Cops in Schools Grant Program- The Board approved the County Administrator to sign and submit a grant application on behalf of the Sheriffs Department to the US Department of Justice, "Cops in Schools" program. 6. COMMUNITY DEVELOPMENT A. Permission to advertise- The Board approved advertising RFP 02-072 for an update to the County's inventory of Native Habitat. B. Resolution No. 02-040- The Board approved the draft resolution providing for the Consolidation of the Various Fee Schedules associated with the S1. Lucie County Land Development Code. ADDITIONS Network Routing Equipment- The Board approved Equipment No. 02-216 and Budget Amendment No. 02-134 to allow County Administration-Information Technology to purchase network equipment in the amount of$3,587. 2 · . '" ..." REGULAR AGENDA 6B The Links at Savanna Club- For consideration before the Board was staff recommendation to approve the Subdivision Improvement Agreement and authorized the Chairn1an to sign the agreement. Ms. Faye Orlynson, President of the Homeowners Association for Savanna Club addressed the Board regarding her meeting with the land developer. Ms. Orlynson stated they had worked out several areas of concern and that she was told those areas would be completed by August 1, 2002. She addressed several questions which still remained which sM would be addressing with the developer on a continuous basis. Mr. Joel Jeffrey, member of the Board of Directors for Savannas Club asked the Board to consider placing a stop order on phase 5 should the concerns on phase 4 not be completed by the date given of August] , 2002. Mr. Bobby Klein, attorney for the developer, addressed the Board on this issue. It was moved by Com. Lcwis, seconded by Com. Bruhn, to approve the Improvement Agreement; and, upon roll call, motion carried unanimously. 7. Fina] Plat Approval/Savanna Club Plat No. 5- For consideration before the Board was staff recommendation to approve the Final Plat and authorize staff to complete thc final processing. It was moved by Com. Hutchinson, seconded by Com. Barnes, to approvc the Final Plat; and; upon roll call, motion carried unanimously. 5. COMMUNITY DEVELOPMENT (1-1126) A. Resolution No. 02-04]- MULBERRY STREET ITALIAN RESTAURANT- For consideration before the Board was staff recommendation to approve the resolution, subject to sited conditions granting a waiver to section 7.l0.l1(A) of the St. Lucie County Land Development Code to allow the sale of alcoholic beverages as an accessory use to a restaurant within 1,200 feet of a religious facility (Holy Faith Episcopal). Mr. Hcrbcrt Beach, White City resident, addressed the Board in favor of this waiver. Com. Coward advised the Board he had received an E-mail from a resident requesting the Board grant the waiver. It was moved by Com. Bmhn, seconded by Com. Barnes, to approve Resolution No. 02- 041; and, upon roll call, motion carried unanimously. B. Resolution No. 02-043/AIRE- For consideration before the Board was staff recommendation to approve the resolution granting a change in Zoning from the AR-] to the RS-2 for the purpose of developing a 16 lot residential subdivision. Mr. Harold Melville, attorney for the petitioner, addressed the Board on this issue. Mr. Herbcrt ßeach. While City residcnt, addressed the Board in favor of the change in zonll1g. It was moved by Com. Bruhn, second cd by Com. Hutchinson, to approve Resolution No. 02-043; and, upon roll call, motion carried unanimously. 3 , . . "'"' .-.",¡I C. Resolution No. 02-044 INDRIO VENTURES- For consideration before the Board was staff recommendation to approve the resolution granting a change in zoning from AR-1 to CG for the purpose of developing a retail food store with gas pumps as an accessory use. It was moved by Com. Hutchinson, seconded by Com. Bmhn, to approve Resolution No. 02-044; and, upon roll call, motion carried unanimously. D. Resolution No. 02-045 ALF'S SPIRITS AND WINE INC.- For consideration before the Board was staff recommendation to approve the resolution granting a Conditional Use Permit to allow a retail liquor distilled and un-distilled in the CG zoning district. It was moved by Com. Lewis, seconded by Com. Barnes, to approve Resolution No. 02- 045; and, upon roll call, motion carried unanimously. E. Resolution No. 02-046 MERCEDES ACADEMY & CHILD DEVELOPMENT- For consideration before the Board was staff recommendation to approve the resolution granting a Conditional Use Permit to allow Social Services (day care/pre school) facility in the I zoning district. Mr. Herbert Beach, White City resident, addressed the Board in opposition to the academy being a for profit business in a tax exempt religious facility. Mr. Beach was informed that this business would be paying all applicable taxes for a business. It was moved by Com. Bruhn, seconded by Com. Lewis, to approve Resolution No. 02- 046; and, upon roll call, motion carried unanimously. F. Draft Ordinance No. 02-005- For consideration was Draft Ordinance No. 02-005 an ordinance amending the St. Lucie County Land Development Code by creating Section 13.09.00 Existing Property Maintenance Code, to provide for the adoption of Chapter 3, General Requirements of the 2000 International Property Maintenance Code. The Community Development Director addressed the changes and additions made to the code in order to address the Boards' previous comments. Com. Hutchinson expressed her concerns with the enforcement issue and stated she was not comfortable with the fact that the county itself had buildings which needed to be taken care of and questioned how they could ask homeowners to do something the county has not done in previous years. . The County Administrator advised the Board that he had visited the site Com. Hutchinson was referring to and they are working on fixing up the buildings, money has been allocated in the budget for this purpose. Com. Bmhn stated he also was concerned WIth the enforcement issue and felt that residents would be calling for minute issues and requesting code enforcement action. It was moved by Com. Barnes, seconded by Com. Lewis, to approve Ordinance No. 02- 005 as amended; and, upon roll call, the vote was as follows: Nay's: Bruhn, Hutchinson; Aye's: Bames, Lewis, Coward; motion carried by a vote of3 to 2. 4 · " "",. ~ 6. COUNTY ATTORNEY(1-3287) A. St. Lucie County Art in Public Places Program- 2001102 Public Art and Design Plan- Consider staff recommendation to approve the proposed plan. Mr. Bob Russell, Cultural Affairs Council member, addressed the Board on this request. It was moved by Com. Barnes, seconded by Com. Bruhn, to approve the proposed plan; and, UpOll roll call, motion carried unanimously. B. Amendment to September 8, 1987 Easement between County and City of Ft. Pierce- This item was pulled. There being no further business to be brought before the Board, the meeting was adjourned. Chainnan Clerk of Circuit Court 5 , '" ..".¡ AGENDA REOUEST ITEM NO. J.. DATE: May 28, 2002 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 02-131 - Proclaiming the week of June 2, 2002, through June 8, 2002, as "Chamber of Commerce Week" in St Lucie County, Florida. BACKGROUND: Chairman Doug Coward has requested that this Board proclaim the week of June 2, 2002, through June 8, 2002, as "Chamber of Commerce Week" in S1. Lucie County, Florida. The attached resolution No. 02-131 has been drafted for that purpose. FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 02-131 as drafted. COMMISSION ACTION; A APPROVED [] DENIED [ ] OTHER: 4-0 (Bruhn Adsent) , County Attorney: :ÿ Review and Approvals Management & Budget Purchasing : Originating Dept. Other: Other: Finance: (Check for Copy only, if applicablel___ Eff. 5/96 'v ...." RESOLUTION NO. 02-131 A RESOLUTION PROCLAIMING THE WEEK OF JUNE 2, 2002, THROUGH JUNE 8, 2002, AS "CHAMBER OF COMMERCE WEEK" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of 81. Lucie County, Florida, has made the following determinations: 1. The chamber of commerce located in our community represents small and large businesses in operation in the community. 2. Chambers of Commerce promotes business, civic, and economic interest to their areas and provides input to leaders of all levels of government on various issues of critical concern to business and residents. 3. Today's chambers of commerce are also vigorously leading their communities in advancing economic prosperity, establishing a clear community vision, and solving tough problems. 4. Volunteers give unselfishly of their time, energy, and expertise In advancing the purposes of the chambers of commerce and in meeting the goals of their annual programs. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of 81. Lucie County, Florida: 1. This Board does hereby proclaim the week of June 2, 2002, through June 8, 2002, as "CHAMBER OF COMMERCE WEEK" in 81. Lucie County, Florida. \..- '--" 2. This Board recognizes the merits of the chamber of commerce of S1. Lucie County, and expresses its sincere appreciation for the steadfast efforts of all those involved in the organization. PASSED AND DULY ADOPTED this 28th day of May, 2002 ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY ~. ...." ........ AGENDA REQUEST ITEM NO. 6 DATE: May 28, 2002 REGULAR [Xl PUBLIC HEARING [ l CONSENT [ l TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) : Utilities Deoartment William R. Blazak SUBJECT: Treasure Coast Regional Utilities Organization Interlocal Agreement submission for approval, execution and appointment of a representative and alternate to serve on the Treasure Coast regional Utilities Organization Board of Representatives. FUNDS AVAIL:'N/A PREVIOUS ACTION: BOCC approved ipitial share funding of the Organization by St. Lucie County Utilities. RECOMMENDATION: Staff recommends that the Board approve the Interlocal Agreement creating the Treasure Coast Regional Utilities Organization. Staff further requests that the Board appoint William Blazak (Utility Director)as the official representative, Robert Bradshaw (Assistant County Administrator) as the alternate and that the Board authorize the Chairman to execute the Agreement. County Attorney:X Coordination/Siqnatures Mgt. & Budget: u.o Lfn fY\(?<] Other: if applicable) CE: COMMISSION ACTION: [ Xl [" -l APPROVED OTHER: DENIED 4-0 (Bruhn Absent) ,/ derson Administrator Purchasing Originating Dept:X Finance Director: ( Other: Eff. 5/96 ,-,. -J BOARD OF COUNTY COMMISSIONERS UTI L1TI ES DEPARTMENT WILLIAM ßLAZAK DIREGOfl. MEMORANDUM TO: Board of County Commissioners William Blazak, Utility Director \.;Jlt?;-- FROM: DATE: May 28, 2002 RE: Treasure Coast Regional Utilities Organization BACKGROUND: The Treasure Coast Regional Utilities Organization (TCRUO) was formed for the purpose of developing common projects that would benefit all participating member in an effort to provide more efficient and effective regional utility operations. The official working group com¡ists of several members that have been working together over the past 12 months to develop an Interlocal Agreement for the Organization. Currently, Fort Pierce Utility Authority, City of Stuart and the Town of Jupiter Island have already approve this Agreement. Martin County is expected to approve the Agreement the first week of June 2002. With the approval of all the participating members by the early part of June our Organization will be able to apply for grant funding in July of2002. In addition to the development of the Interlocal Agreement the group has been working toward development of a regional Bio-Solids facility to eliminate the land application of sludge generated by member wastewater treatment facilities. Montgomery Watson Harza was selected by TCRUO to conduct a feasibility study for the participating members and are well underway with the study. RECOMMENDATION: Staff recommends that the Board approve the Interlocal Agreement creating the Treasure Coast Regional Utilities Organization. Staff further requests that the Board appoint William Blazak (Utility Director)as the official representative, Robert Bradshaw (Assistant County Administrator) as the alternate and that the Board authorize the Chairman to execute the Agreement. JOHN D. GRUHN, DistriG NO.1' DOUG COWARD, Disrrict NO.2' PAULA A, LEWIS, District No. J . FRANNIE HUTCHINSON. Districr No.4. CLIFF GARNES, Districr NO.5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue · Fort Pierce, FL 34982 · Phone (561) 462-1150 . FAX (561) 462-1153 ~ ...J l ',_~ DORAN, WOLFE, ROST & ANSAYLTL: - 515 North Flagler Drive Suite 300 Pavilion West Palm Beach, Florida 33401 Telephone: (561) 802-3334 Facsimile: (561) 802-4135 "02 rL1,Y-1 ::2 '::d s·r ~! !-<._ ;-- _ .,.- ,.,:-~, J t.,}" L"-,,·_,,, -_ " ., .- 'j. I ...... - '---'.......··_f '. i i MEMORANDUM TO: William Blazak, Director St. Lucie County Utilities FROM: Carolyn S. Ansay DATE: April 17,2002 RE: Final Version ofInterlocal Agreement Creating the Treasure Coast Regional Utilities Organization Attached please find a copy of the fmal version of the Interlocal Agreement Creating the Treasure Coast Regional Utilities Organiµtion ("Interlocal Agreement"). This Interlocal Agreement was a culmination of the efforts of the Working Group Members over the last ten to twelve months. It has been reviewed by most, if not all, attorneys representing the individual Members. The final version of the Interlocal Agreement is identical to the last distributed version, with the exception of a few minor typographical revisions as well as the insertion of the following sentence in Section 5.2: In the event not all Members delineated in this Agreement approve and sign the Agreement, it may still become effective as to those Members that do indeed approve and sign the Agreement upon recordation in the Public Records of their respective counties. This sentence was inserted simply to clarify that at some point the lnterlocal Agreement may actually be recorded with certain signature blocks blank if one or more entities decide not to participate. Notwithstanding the foregoing, it remains the desire of all of the Members that all will find the Interlocal Agreement acceptable. At the April 12, 2002 meeting of the Working Group, a motion was passed approving the Interlocal Agreement for adoption by the Members. Thus, at this time, it is appropriate for each of the individual Members to take the necessary steps for approval within their individual jurisdictions. \.,f ....J Memorandum to William Blazak, Director April 17,2002 Page 2 of2 Please seek, via resolution or otherwise, official action from your individual jurisdiction: 1. Approving the Interlocal Agreement; 2. Authorizing execution of the Interlocal Agreement by your relevant board/commission member and staff upon receipt from my office; and 3. Appointing the official representative and alternate to serve on the Treasure Coast Regional Utilities Organization Board of Representatives. A set often original agreements is waiting for execution. Upon notification that the above actions have taken place within an entity, I will forward the entire set of original agreements for execution. I will then ask that the entire set of original, executed Interlocal Agreements be returned to my office so that I may then forward them to the next Member for signature. Upon execution by all Members who have indeed decided to take part in the Treasure Coast Regional Utilities Organization, I will take the necessary steps to record the Interlocal Agreement and forward an original document to each member. In'the mean time, should you have any questions or comments about the substance of the Interlocal Agreement or the procedure for its adoption, please do not hesitate to contact me. CSA:kg Enclosure fi~~ ~ 'Y . INTERLOCAL AGREEMENT CREATING THE TREASURE COAST REGIONAL UTILITIES ORGANIZATION .....1 THIS INTERLOCAL AGREEMENT CREATING THE TREASURE COAST REGIONAL UTILITIES ORGANIZATION, made and entered into this _ day of , 2002, among the County of Martin, a political subdivision of the State of Florida, the County of St. Lucie, a political subdivision of the State of Florida, the City of Stuart, a municipal corporation of the State of Florida, the Fort Pierce Utilities Authority, a Florida utility authority, the Town of Jupiter Island, a municipal corporation of the State of Florida, the Okeechobee Utility Authority, a Florida utility authority, and the City of Port St. Lucie, a municipal corporation of the State of Florida, all of which are collectively hereinafter referred to as the "Members." WITNESSETH: WHEREAS, the Members, pursuant to the provisions of Section 163.01, Florida Statutes; wish to set forth certain agreements among themselves with regard to the creation of a regional utilities organlzation for purposes of discussing and/or developing common plans and projects in an effort to operate more efficiently and effectively; and WHEREAS, it is recognized by the Members that some of the wastewater needs of their citizens can best be met by vesting certain functions in such a regional entity; and WHEREAS, it is the intent of the Members to protect and preserve the natural environment through good wastewater management practices, planning, and interlocal cooperation; and WHEREAS, it is the intent of the Members to have two levels of participation in the organization created: one for those Members that will participate in capital projects INTERLOCAL AGREEMENT CREATING THE TREASURE COAST REGIONAL UTILITIES ORGANIZATION April 16, 2002 (2:45pm) PAGE 1 OF 17 Final Version · ~~!:!e Members that will not participate in capital projects; WHEREAS, it is the intent of the Members that nothing herein shall be construed -.I to preclude the Members individually from continuing to operate wastewater treatment and transmission facilities for the purpose of meeting their respective needs; and WHEREAS, the Members find that cooperative efforts are necessary in order to effectively and efficiently meet the wastewater needs of the rapidly urbanizing areas served by the Members. NOW THEREFORE, the parties to this Interlocal Agreement agree as \follows: ARTICLE I. GENERAL Section 1.1. Creation of the Treasure Coast Regional Utilities Organization. The Members do hereby provide for and create this organization pursuant to the provisions of Section 163.01, Florida Statutes (2001), to be known as the , TREASURE COAST REGIONAL UTILITIES ORGANIZATION. The purposes of the TREASURE COAST REGIONAL UTILITIES ORGANIZATION shall be: A. To develop a coordinated venue for discussion of wastewater issues and other utility concerns of the Members; B. To discuss and/or develop joint plans for the treatment and disposal of wastewater biosolids and other matters relevant to the utility needs of the Members; C. To develop a system for operating and conducting the business of the TREASURE COAST REGIONAL UTILITIES ORGANIZATION; D. To discuss and/or develop any additional utility plans or projects as needed and agreed upon by the Members; and INTERLOCAL AGREEMENT CREATING THE TREASURE COAST REGIONAL UTILITIES ORGANIZATION April 16, 2002 (2:45pm) PAGE 2 OF 17 Final Version · r't t '.Q) E. To perform any other wastewater and other related utility purposes as are ...,¡ permitted by law and which are approved by a majority of the Members of the TREASURE COAST REGIONAL UTILITIES ORGANIZATION. Section 1.2. Tvpes of Membership. There shall be two levels of membership in the TREASURE COAST REGIONAL UTILITIES ORGANIZATION: General Members and Capital Members. General Members consist of all entities who are parties to this Agreement. All General Members \ will vote and otherwise participate in all issues and tasks except for matters relating to capital projects. Capital projects shall consist of long term efforts to construct or acquire assets such as facilities, real or tangible property and/or equipment. The Capital Members, however, consist of those General Members that desire to participate in a specific capital project or projects as set forth in separate written interlocal agreements among those Capital Members. Those separate written interlocal , agreements shall specifically define the scope and financial commitment of each Capital Member to the particular capital project. No member shall be committed to any capital project or matters related to capital projects whatsoever until such time as the member enters into the separate written interlocal agreement regarding that specific capital project. Any specific capital project entered into among respective members shall have the cost of that project shared by a uniform standard or methodology that relates to all participants and reflects a common measurable quantity. Should a General Member belatedly decide to participate in a capital. project that is already in progress, then that member shall be responsible for a pro rata and equitable share of any previously INTERLOCAL AGREEMENT CREATING THE TREASURE COAST REGIONAL UTILITIES ORGANIZATION April 16, 2002 (2:45pm) PAGE 3 OF 17 Final Version ~ 'wi , ~ @:~~~penses for that particular project, to be more fully determined by the Capital Members already participating in that particular capital project. Section 1.3 Term of MembershiD. Withdrawal and Notice. Both General and Capital Members of the TREASURE COAST REGIONAL UTILITIES ORGANIZATION agree that the term of membership shall run annually from the start of the fiscal year as described more fully below. Any Member may withdraw from the TREASURE COAST REGIONAL UTILITIES ORGANIZATION subject to the notice provisions contained herein, by agreeing to pay its obligation for all cdntractual obligations it has undertaken as a Member. A fee shall be paid by all Members, as more fully described below, to fund the administration and operation of the TREASURE COAST REGIONAL UTILITIES ORGANIZATION. In order to ensure the continuity and stability of the administration and operations of the TREASURE COAST REGIONAL UTILITIES ORGANIZATION as well as the necessary budgeting and planning on the part of aÎl Members, any withdrawing Member shall give written notice of its intent to withdraw. The notice of withdrawal-must be received by the TREASURE COAST REGIONAL UTILITIES ORGANIZATION on or before June 1 preceding the fiscal year commencing on October 1 at which time the Member will no longer participate in the TREASURE COAST REGIONAL UTILITIES ORGANIZATION. The withdrawing Member shall continue to remain obligated for the Administration Operations Fee, as well as the Capital Fee if the withdrawing Member is a Capital Member, as set forth below, for the fiscal year following the notice of withdrawal, if the notice is not received on or before June 1. There shall be no rebates or pro-rated refunds for fees, or any portion thereof, paid by a withdrawing Member prior to its withdrawal from the INTERLOCAL AGREEMENT CREATING THE TREASURE COAST REGIONAL UTILITIES ORGANIZATION April 16, 2002 (2:45pm) PAGE 4 OF 17 Final Version ~ -...I c@~ J'(ST REGIONAL UTILITIES ORGANIZATION. Section 1.4 Sovereign Immunity. It is the intent of the Members of the TREASURE COAST REGIONAL UTILITIES ORGANIZATION to have all of the privileges and immunities from liability and exemptions from laws, ordinances, rules, and common law which apply to the municipalities and counties of the State of Florida. The Members intend to avail themselves of the protections contained in §768.28 and § 163.01 (9)(c), Florida Statutes (2001), and of other statutes and the common law governing sovereign immJnity to the fullest extent possible. Pursuant to §163.01(5)(o), Florida Statutes (2001), therefore, the Members agree that they do not intend for the constituent Members of the TREASURE COAST REGIONAL UTILITIES ORGANIZATION to be jointly liable for the torts of the officers or employees, if any, of the TREASURE COAST REGIONAL UTILITIES ORGANIZATION, or any other tort attributable to the TREASURE COAST , REGIONAL UTILITIES ORGANIZATION. Further, only the TREASURE COAST REGIONAL UTILITIES ORGANIZA:rION shall be liable for torts attributable to it or for the torts of its officers or employees, if any, and then only to the extent of the waiver of sovereign immunity or limitation of liability specified in §768.28, Florida Statutes (2001). Any and all defenses otherwise available to the Members individually will also be available to the TREASURE COAST REGIONAL UTILITIES ORGANIZATION. The TREASURE COAST REGIONAL UTILITIES ORGANIZATION shall be able to acquire insurance in the amount of the limitation of liability or sovereign immunity waived by virtue of §768.28, Florida Statutes (2001). The provisions of this Interlocal Agreement are not intended to transfer any benefit or right to any third parties for the purpose of INTERLOCAL AGREEMENT CREATING THE TREASURE COAST REGIONAL UTILITIES ORGANIZATION April 16, 2002 (2:45pm) PAGE 5 OF 17 Final Version ~ ....., . 1(\\ \ç¿}'\i . t. \Uo~ing any claim which would otherwise be barred under the doctrine of sovereign immunity or by operation of law. Section 1.5 Sunshine Law and Public Records Law The TREASURE COAST REGIONAL UTILITIES ORGANIZATION is bound by both the protections and responsibilities contained in Florida's Sunshine Law and Public Records Law as set forth in §286.011 and Chapter 119, Florida Statutes (2001). ARTICLE II. POWERS The TREASURE COAST REGIONAL UTILITIES ORGANIZATION shall have the following administrative and substantive powers: 1. To provide a forum for the discussion among members and resolution of issues related to wastewater and other utility issues; 2. .To foster and encourage the development and construction of joint utility capital projects through written agreements among the Capital Members; 3. To coordinate the marmer, time and place that meetings shall be held and to provide for the calling and holding of special meetings; 4. To enter into contracts in the name of the TREASURE COAST REGIONAL UTILITIES ORGANIZATION, and to incur debts, liabilities and obligations which do not constitute the debts, liabilities and obligations of the Members individually; 5. To enter into contracts in order to secure the materials or supplies necessary for carrying out the functions and purposes of the TREASURE COAST REGIONAL UTILITIES ORGANIZATION; 6. To hire and to compensate consultants, technical and professional INTERLOCAL AGREEMENT CREATING THE TREASURE COAST REGIONAL UTILITIES ORGANIZATION April 16, 2002 (2:45pm) PAGE 6 OF 17 Final Version '-" ..J "-0./' ¡ "15':~ ( C ~~t~ it, it s'ball deem necessary in the exercise of the powers and duties set forth '0:Ü . is greement; 7. To sue and be sued, notwithstanding the sovereign immunity protections discussed herein, and be a party to administrative actions in the courts and administrative bodies of the State of Florida and of the United States; 8. To prepare budgets and set the respective membership fees of the General and Capital Members; 9. To seek out, apply for and accept funds, grants, services or oth'er assistance from the State or Federal government or from any other source, public or private; 10. To invest any money or surplus money in the TREASURE COAST REGIONAL UTILITIES ORGANIZATION treasury, in accordance with the laws of the State of Florida; 11. To prescribe a method of auditing; 12. To adopt rules, regulations and resolutions not contrary to law or this Agreement necessary for the regulation of the affairs of the TREASURE COAST REGIONAL UTILITIES ORGANIZATION; 13. To have perpetual existence unless and until terminated; and 14. To have and exercise all other powers as may be reasonably implied under this Agreement and/or necessary and proper to carry out the objectives and purposes of the TREASURE COAST REGIONAL UTILITIES ORGANIZATION. INTERLOCAL AGREEMENT CREATING THE TREASURE COAST REGIONAL UTILITIES ORGANIZATION April 16, 2002 (2:45pm) PAGE 7 OF 17 Final Version \r 6:0 rF~~\J ~ BOARD OF REPRESENTATIVES AND POWERS '....I ARTICLE III. Section 3.1 Board of Representatives. All powers, privileges and duties vested in or imposed upon the TREASURE COAST REGIONAL UTILITIES ORGANIZATION shall be exercised and performed by and through a Board of Representatives or by any person or persons authorized by the Board of Representatives to carry out such powers, privileges and duties. The Board of Representatives of the TREASURE COAST REGIONAL UTILITIES ORGANIZATION shall consist of one representative appointed and replaced from time to time by each of the General Members. Such representatives shall serve without compensation from the TREASURE COAST REGIONAL UTILITIES ORGANIZATION. Each General Member shall designate and appoint their respective representative, and any alternates to serve in their absence, to the TREASURE COAST REGIONAL UTILITIES ORGANIZATION and provide notice to the TREASURE COAST REGIONAL UTILITIES ORGANIZATION of the same. The.representative and alternates shall either be employed by the General Member or be an elected official from the General Member's jurisdiction. Section 3.2 Quorum. A quorum of the Treasure Coast Regional Utilities Organization General Membership shall exist when more than fifty percent (50%) of the General Members present through their representatives or, in the event the representative is not present, the alternate representatives. Should there be no quorum present, there may be no action taken, although discussion may take place. INTERLOCAL AGREEMENT CREATING THE TREASURE COAST REGIONAL UTILITIES ORGANIZATION Apri/16, 2002 (2:45pm) PAGE 8 OF 17 Final Version ; ".' ~ , ...,I rr: R\ ',,-:::;::,/, '\ ~ d \i"~ Ü ~ ~uBrum shall exist for purposes of dealing with issues and decisions related to the preliminary development of a capital project or projects when more than fifty percent (50%) of the Capital Members participating in that specific capital project or projects are present through their representatives or, in the event the representative is not present, the alternate representatives. Further quorum issues related to capital projects will be otherwise governed by the separate written interlocal agreement related to each individual capital project Should there be no quorum present, there may be no action taken, although discussion may take place. Section 3.3 Votina. Each representative of a General Member, or in the absence of the representative, the alternate representative, shall be entitled to one equal vote on all questions, orders or resolutions with the exception of those questions, orders or resolutions pertaining to capital projects or matters relevant to the capital budget or capital fee. Only those General Members that are also Capital Members may vote on matters related to capital projects, the capital budget or capital fee and specifically related matters. Unless otherwise stated herein, the affirmative votes of more than fifty percent (50%) of the total number of votes of the representatives present shall be necessary to carry any question, order or resolution. Section 3.4 Officers. The Board of Representatives of the TREASURE COAST REGIONAL UTILITIES ORGANIZATION shall annually elect the following officers: a Chairman, Vice-Chairman, Secretary and Treasurer,. each of whom shall serve a term beginning on May 1 and ending on April 30 of the following year. These positions shall be filled by INTERLOCAL AGREEMENT CREATING THE TREASURE COAST REGIONAL UTILITIES ORGANIZATION Apri/16, 2002 (2:45pm) PAGE 9 OF 17 Final Version ©~ t~L~ua,s e.her acting as representatives or allemales of Members. ...,.I However, if an alternate is to serve as an officer, the Member jurisdiction continues to maintain only one vote on all matters as more fully discussed above. In the event the individual ceases employment or representation of the Member an election shall be conducted to replace the officer. ARTICLE IV. BUDGET AND FUNDING Section 4.1 Budaet Year. Notice and Hearing. The fiscal year of the TREASURE COAST REGIONAL UTILITIES ORGANIZATION shall begin on October 1 of each year and end on September 30 of the following year. During the month of May of each year, the TREASURE COAST REGIONAL UTILITIES ORGANIZATION shall begin preparation of a tentative administrative operations budget (applying to all General Members) and a tentative , capital budget (applying only to Capital Members)(collectively referred to as 'Tentative Budgets"). The Tentative Budgets shall be presented at the first regularly scheduled meeting in the month of June of each year or as soon thereafter as possible. Following the preparation of the Tentative Budgets, the TREASURE COAST REGIONAL UTILITIES ORGANIZATION shall publish a notice of its intention to adopt the Tentative Budgets and shall provide copies of the Tentative Budgets to the Members. The notice shall describe the proposed Tentative Budgets in full and include the date and location for the public hearing on the Tentative Budgets. The notice shall be published once a week for two consecutive weeks in any newspaper qualified to accept legal advertisements with the last publication appearing more than one week prior to the date INTERLOCAL AGREEMENT CREATING THE TREASURE COAST REGIONAL UTILITIES ORGANIZATION April 16, 2002 (2:45pm) PAGE 10 OF 17 Final Version ....... '...,,/ ~'~" ", " "\." ~ /,~.\. .. ....-' ¡ .... /..-,-y j: '; .,; ,--' \ \ .. ¡ ~"I' l¡ ... \\£f4fl~aftng on the Tentative Budgets. The Tentative Budgets shall also include an ~ estimate of the annual contribution of each of the Members as calculated pursuant to the provisions of this Agreement. The hearing on the Tentative Budgets will occur before the TREASURE COAST REGIONAL UTILITIES ORGANIZATION where all objections may be heard. Based upon those objections, the TREASURE COAST REGIONAL UTILITIES ORGANIZATION, in its sole discretion, may amend, modify or change the Tentative Budgets. On or before September 30 of each year, the Tentative Budgets shall be approved and adopted as the final Administrative Operations Budget and the final Capital Budget for the following fiscal year. Section 4.2 Fundinq. The TREASURE COAST REGIONAL UTILITIES ORGANIZATION shall be funded by two separate mechanisms: an administrative operations budget (applying to all General Members) and a capital budget (applying only to Capital Members). T~e administrative operations budget shall be used to derive an administrative operations fee payable by all Gene~1 Members. The administrative operations fee shall be calculated by taking the administrative operations budget and dividing it by the total number of General Members. Any funds, grants, services or other assistance received from an outside source for administrative operations, such as state or federal government, shall be subtracted from the administrative operations budget prior to calculation of the administrative operations fee. In order to incur any indebtedness for purposes of administrative operations, there must be a unanimous vote of all of the Members and prior notice of such vote to.each Member not less than sixty (60) days in advance of the vote. INTERLOCAL AGREEMENT CREATING THE TREASURE COAST REGIONAL UTILITIES ORGANIZATION April 16,2002 (2:45pm) PAGE 11 OF 17 Final Version -..... /7 ......, ~-, 0~/ p 1(\\ \P \\ ~~(a\è capital budget shall be used to derive a capital fee for a specific capital project payable by only the Capital Members participating in that capital project. The capital fee shall be calculated by taking the capital budget for the specific capital project and apportioning it amongst the Capital Members participating in that capital project pursuant to the terms of a separate interlocal agreement among those Members for that project. Any funds, grants, services or other assistance received from an outside source for a specific capital project, such as state or federal government shall be subtracted from the capital budget prior to calculation of the capital fee. It, order to undertake a capital project or incur any indebtedness for a capital project, there must a separate interlocal agreement between those Capital Members executing the separate interlocal agreement who agree to take part in the capital project and to be responsible for its costs. Section 4.3 Time for Payment. AIÎ fees or charges payable by the Members shall be delivered to the Treasurer of the TREASURE COAST REGIONAL UTILITIES ORGANIZATION within 45 days of the postmark date of the initial billing invoice for the fee or charge. Should any Member fail to pay any fee or charge within such time, the Member shall not be entitled to vote at any subsequently held meeting of the TREASURE COAST REGIONAL UTILITIES ORGANIZATION until the sum is paid. All fees or charges not paid within 60 days of the postmark of the initial mailing shall accrue interest at the legal rate set by the State of Florida. Section 4.4 Audit. An audit of the TREASURE COAST REGIONAL UTILITIES ORGANIZATION INTERLOCAL AGREEMENT CREATING THE TREASURE COAST REGIONAL UTILITIES ORGANIZATION April 16, 2002 (2:45pm) PAGE 12 OF 17 Final Version ---;:::::--)~Jí!1 \\~ " {ç:::;:. \..... \ \ .1 \ U . \\. \ ~h~ s atements shall be conducted each year by independent auditors. ....." The audit shall be in accordance with generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States. ARTICLE V. INTERPRETATION, CONSTRUCTION, EFFECTIVE DATE AND AMENDMENTS Section 5.1 Interpretation and Construction. \ This Agreement shall be construed under the laws of the State of Florida. If any provision of this Agreement is determined to be contrary to law or to be unenforceable for any reason, then to the extent necessary to render the remainder of this Agreement enforceable, such provision may be modified or severed so as to, as nearly as possible, carry out the intention of the parties and the remainder of this Agreement shall remain fully valid and enforceable. Section 5.2 Approval and Effective Date. This Agreement shall be approved upon the signature of the first two Members to the Agreement. The effective date of the Agreement shall be the date the Agreement is recorded in the Public Records of each county where Members are located. In the event not all Members delineated in this Agreement approve and sign the Agreement, it may still become effective as to those Members that do indeed approve and sign the Agreement upon recordation in the Public Records of their respective counties. Section 5.3 Amendments. Amendments to this Agreement, other than the inclusion of additional INTERLOCAL AGREEMENT CREATING THE TREASURE COAST REGIONAL UTILITIES ORGANIZATION April 16, 2002 (2:45pm) PAGE 13 OF 17 Final Version ~' ~1 ~ (?'M~~:;[ by approval 01 a two-thirds majorITY 01 the Memberjurisdictions. ~ould any additional governmental entity desire to become a Member of TREASURE COAST REGIONAL UTILITIES ORGANIZATION this Agreement shall be amended to add that municipality as a Member upon the unanimous agreement of the Members and upon the agreement of the governmental entity to abide by this Agreement. Section 5.4 Duration and Termination. The TREASURE COAST REGIONAL UTILITIES ORGANIZATION will continue to have perpetual existence so long as at least two or more Members desire to remain Members. In the event all Members or all Members but one seek to withdraw from the TREASURE COAST REGIONAL UTILITIES ORGANIZATION, as otherwise governed by this Agreement, any funds and assets then owned and held by the TREASURE COAST REGIONAL UTILITIES ORGANIZATION will be distributed amongst those same Members in an equitable and consistent manner to be determined by the Board of Representatives at such time of withdrawal. . ARTICLE VI. DISSOLUTION OF TREASURE COAST REGIONAL UTILITIES WORKING GROUP The TREASURE COAST REGIONAL UTILITIES WORKING GROUP ("Working Group") was created pursuant to a Memorandum of Understanding Regarding Treasure Coast Regional Utilities. Within sixty (60) days of the effective date of this Agreement as defined above, the Working Group shall dissolve and its funds, assets, files and contracts, if any, shall be transferred to the TREASURE COAST REGIONAL UTILITIES ORGANIZATION. INTERLOCAL AGREEMENT CREATING THE TREASURE COAST REGIONAL UTILITIES ORGANIZATION April 16. 2002 (2:45pm) PAGE 14 OF 17 Final Version '-r '-iÎ 1 0~1 <=::ì ~fP. '\ J*WIT~SS WHEREOF, the undersigned have set their hands and seals as of {( \ I \) ~e y and year designated. COUNTY OF MARTIN By: ATTEST: DATE: Approved by: COUNTY OF ST. LUCIE By: ATTEST: DATE: Approve~ by: INTERLOCAL AGREEMENT CREATING THE TREASURE COAST REGIONAL UTILITIES ORGANIZATION April 16, 2002 (2:45pm) PAGE 15 OF 17 Final Version '-' '-' ,,r;:::," ! i '. ' ¡ \\. \ 1¡ ',.>_-.,...,;) \, r... ~ \.'::::/ ,;. CITY OF STUART By: ATTEST: DATE: Approved by: FORT PIERCE UTILITIES AUTHORITY \ By: ATTEST: DATE: Approved by: CITY OF PORT ST. LUCIE By: ATTEST: DATE: Approved by: INTERLOCAL AGREEMENT CREATING THE TREASURE COAST REGIONAL UTILITIES ORGANIZATION April 16, 2002 (2:45pm) PAGE 16 OF 17 Final Version '-' ~7 ~@J ì r:::::> p \ \ !( \ U \~ '...I OKEECHOBEE UTILITY AUTHORITY By: ATTEST: DATE: Approved by: TOWN OF JUPITER ISLAND By: ATTEST: DATE: Approved by: INTERLOCAL AGREEMENT CREATING THE TREASURE COAST REGIONAL UTILITIES ORGANIZATION April 16, 2002 (2:45pm) PAGE 17 OF 17 Final Version '-" AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITIED BY(DEPí): Administration SUBJECT: Bi-Weekly Committee Reports ....., ITEM NO. .:L DATE: May 28, 2002 REGULAR [X ] PUBLIC HEARING [ ] CONSENT [ ] PRESENTED BY: BOCC BACKGROUND: At the April 11, 2000 Board of County Commissioners Meeting it was decided by the Board to place an item on the agenda, on a bi-weekly basis, to give the Board an opportunity to provide updates on the various Committees and Advisory Boards that they serve on. It has been decided by the County Administrator that this item will be placed on the agenda on the 2nd and 4th Tuesday of each month. FUNDS AVAilABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: This meeting the Board will provide updates on the following Committees and Advisory Boards that they serve on: Committee Blueway Advisory Committee Chamber of Commerce Board of Dir. Children's Services Council Cultural Affairs Council Friends of SlC Library Property & Homeowners St. Lucie County Fire District Transportation DlCB Treasure Coast Regional Planning Council COMMISSION ACTION: [ J APPROVED [] DENIED IXJ OTHER: .. .... Reports Given Meetinl3 Date Monthly Monthly 2nd Thursday 2nd Tuesday 2nd Thursday 2nd Wednesday 3rd Wednesday 2nd Wednesday 3rd Friday Commissioner Barnes Coward Lewis Barnes Lewis Hutchinson Bru h n/Cowa rd Lewis Coward/Barnes '-" -....I MEMORANDUM AGRICULTURE TO: Doug Anderson, County Administrator f"., I Anita Neal, County Extension Director r FROM: DATE: May 22, 2002 RE: Agri-Science Education Center - a Cooperative Effort Between St. Lucie County and the St. Lucie County School Board As we have discussed, the St. Lucie County School Board approached this office with an opportunity for us to become more involved in their on-going Agri-Science Education Center. Working together, we can incorporate hands-on learning activities to augment classroom lecture to teach Best Management Practices for a beef cattle operation and production citrus as well as other agriculture/farm skills. This proposal involves the approval of an interlocal agreement between St. Lucie County and the St. Lucie County School Board, outlining the parameters of a partnership between the two entities. This agreement involves acreage the SLC School Board currently owns adjacent to and near the Picos Road and Campbell Road intersection. This would include the cattle pastures, "hay" fields, the citrus grove, the ZEP animal farm, proposed area for aquacu1ture/aquaponics and all areas inclusive of the school board property. The SLC School Board will provide the funding for half of for an Agri-Science Instructor/Leader, who would actually be a county employee (see Position Request #PS02-061 attached). This instructor will coordinate with SLC Extension to provide hands-on learning labs that will supplement the curriculum for production citrus and beef cattle. The School Board will also provide the County full funding for a Vocational Agricultural Technician who will also be a county employee and will provide facility, grounds and equipment maintenance at the Center (see Position Request #PS02-060 attached). Job descriptions for both positions are also attached. We anticipate being able to fill these positions by July 1, 2002 in order to have staff in place and prepared for the new school year. Staff recommends that the Board approve Position Requests #PS02- 060 and PS02-061 establishing staff positions at the Agri-Science Education Center. ASN/ca Cþ~...:- ~ 'õ~ 5 .'" .æ 1& .e Q) 1&~~ii e;:: QJ "a 5 1110 > t~ 5 '0 ~~c: .S fij Q.~.Q o~ tª~ .è- 01 ~0l11l slili ~ .S ::J's;>" "- (,).- -aQ):o.8'š o ::J CJ 0 ....:¡lù"':a ei~ Q) ~'08~ì ::J I!! 'g Q) c: c: e lii ::J .~ :.9! ~ :s t» ~ .,J - ~ 0.. ' E.~.g ùj '0 "'.S!: ~ ~l~ ~ J fij l~~ æ .æ ' tJ) :geQ). .c: i ~.ª ~ 0::: :ellS~g> . ·S ~ ~ W Q) '~J1&' '6 z (") .Q 1:5 01 ~.;æ o~~ ~ 8 ~ 10 0 111 c: 0 IÖ .....Qles::: .~ äl e U5 N 0, '- ~ I Q) .~j ~ ~ "'- tJ) N .~ "l':š~il C') i 0 ~ , ~ 1&o..o'O~ 111 01 a ~ :=E ~ c:o ë i &!£ Iii ~ 11I.s::: 8 N ~ t~ I1Ilii~ 0 ~ 8 ~ tlii¡ ~ (.) ~e ê .S ~ N is. Ol.~ Q) ¡¡ i ClO ë 111 [ .§~c:a·i 'Oo! Z ..J N e' 'O'O~Q)'" ~.S~ ~ ~ w ~ Q I!! .~ liifij"-:;S'O :., 8 ~ 0 z l! -31lii ,¡¡; (.) ~ :=E w w i~~~~ æ s::: I- U. U. ::E Q c: .Q) ~ Z ::E 0 Q) s::: Cþ :;:) 00::: ~ c: 111 .~ Q..§ ~ l (,) 8.- 0 0 o.c: .- '" 0 00 'fi¡~ --><QJ 0 fd ID ca .e 0,;:::; 8 .,JQ)~ a:: u. 0 ~~ g'~~'§Q) 0'0 ~ gt; II:: ., ~!ã~ i! w~ Q)"O l!1 t's m W s~~~1S :0 'ii '5 8 i 15>0- ~ð z c: ~~~ed~ ¡¡..!e w .9.! .è- ~ ~.'" ZW ~ (,) s::: .! :.,::> Gl ~ ~o::: ~5 :SQ)Q)~ ~~i ~~SGl oz ~ 010 ~;5.lei ; ~ c! (.)0 «.~ - W I- CD ::J et!:~~g 19Q)~ õ~ Lñ S.,J CD Q) 8. I.L .... 'Os 3 .,J 0ùj .Q°iil'OllI --ã) ~ "' I· ~ 15 '0 :¡.g> 58"l':š t-= ct:: ~ Ie ~¡l ~.~ f? 1311 fjjs:::~ tJ) ¡¡ ~ (,) 1.... c: .CD « u.: 0 a 10' cB ::J s:::.... .Q ¡ 0 :::> ~ is .~ æ 15 ïq¡ :!:::! <: e: .. :!:::!. e e '" >< c:: ~ ~"l':š [8íi2l:'" 0.. 8.Q)~ CI) C:[~IlI'- '" 01 Q) ~ e~ .~ .91 ;:, 1 g- '- c: 0 ~ 5'- ;:, ~ '¡::~'~lil ~2i ~ .~ c: -;:;'t:~Q)"'~ ñ1 15 5 '- tJ) .5 QJ ~ e . ·_0 lS«i"'¡!!Z .æ-::J~ ).. Õ 19 ~~:t::~ ~ i~ 111-10 18 t- CI) ~==~.§ ~ :g .g "2 § ...!. ~ 25 f/).,J CD~e~Gllii 8801- 0 ~ùj IO.!!! æ 0 « ~ 8lßs~ « ~.s; e ,:;: ~ w Z 0:: W ::E z I- 0 ~ ¡:: II. ~ W II. '-r .....,. \.,. ...., AGRI-SCIENCE INSTRUCTOR / LEADER QUALIFICATIONS: · Bachelor's Degree required, Master's preferred. in Agriculture Education, Agricultural Science or related field. Academic course hours and in-field experience considered. · Valid Florida CDL license, · Florida teaching certificate · Minimum of three years successful teaching experience at the secondary level · Demonstrated experience in fann management or in supervising an educational facility in agriculture education · Ability to perform the essential functions of the position REPORTS TO: Principal, Fort Pierce Westwood High School County Extension Director SALARY INFORMATION: Salary: $31,886.41 - $51,168.27 Job Code: Pay Grade: 18 DUTIES AND RESPONSmILITIES: 1. To organize and peñorm such activities on the 640 acre Agriscience Education Center to ensure the day-to-day activities, new developments and projects are carried out. 2. To develop short and long range plans, including goals, objectives and budgets for utilization of the Agrl-Science Education Center 3. Abide by the Florida Code of Ethics. 4. To integrate classroom schedules with fann activities. 5. Provide instruction and guidance for FF A membership and coordinate FF A business. 6. Oversee the cow/calf and swine operation, keeping accurate health and productivity records and mllintail1 the herd according to IFAS recommendations (to include pasture maintenance. '-' ..., 7. Oversee citrus, hay fields, and horticulture turf management and future agri-science programs. 8. Supervise part time maintenance worker. Include student activities in building fences, cow pens, other farm structures and safety and use of GPS unit. Include students in seasonal care of pastures and cow maintenance. 9. Follow school board and finance purchasing policies 10. Develop and maintain an effective Agriscience Education Advisory Committee. 11. Attend periodic trainings as determined by supervisors. 12. Provide instruction at highest standards for FF A participation at the S1. Lucie County Fair, market, swine market, steer/tractor driving, judging teams, etc. 13. Frequent public contact, as wen as dealing with vendors, suppliers and contractors on a daily or weekly basis; shall assist in provision of tours and inspection visits by clientele, general public, and representatives ofloca1, state, and federal regulatory agencies. 14. To perform activities to ensure organized, safe operation and maintenance of machinery, equipment, buildings and grounds. 15. To assist in the acquisition, disposal, maintenance, use or loan of equipment, livestock, materials, plants, products and supplies. Follow all procedural policies with regard to animal rights and welfare. 16. To maintain written equipment maintenance records and operation logs on machinery and equipment. 17. To evaluate need for replacement and repair of equipment and facilities. 18. To supervise student SEA's (supervised educational activities) and the Vo-Ag Technician while engaged in activities on the farm. 19. To perform assigned tasks in a timely manner. 20. To perform assigned tasks with a high standard of quality. 21. To peñorm other duties as assigned by supervisors. Hiring contingent on the candidate's ability to pass a physical, a background inspection, and a drug test, and candidate must be fingerprinted. ui,," .s: ~ "8 '" Q) e :¡¡ lä 8 0> ð :S .e.æ æë6oq;::¡:¡ " ·s:~:giQ)Q) l§~ i :¡¡ 'i"'Q) :s:S ~ 1::~~01::.9 ~~E~ ~ .'2 i& :¡¡ e i l: ili~ l~~ f ~ "'-f-:~~ l:>.." :::. Q) ~ c: Gl.g 'g ji ~g, 10 'ts 0> ~ ,"''¡ "'! .... ",' '" 10 .... 0-8:S.9 li5 :::.~'ts.t:,§ e '(3 ð ìii ~ j ì3:¡¡-e~l,)e ~€ e·& ~ .s: l,) 10 "Q.. C/) .9",'"2E:¡¡~ .¡: ~ .~ b .... .- '" ~ 0:: .!. "'8~ ~o e""I::l: wC") .5 ~j~·~~i 1fJ-8l:Gl .... ZC) ~~ ''t5:t:: ã 10 Q~ ë'- 3::._ lÓ Gll c l! ~ -g ,~ "fi .... :::. 2'!i 16 . .... 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It'ê '5.sïiielil~ <Xl .... ~ì3eèìii llllll!. ¡¡ 0) 10 '" 10 ~i~~"8 C/) i2 0)' C\Ì III 0 ð""ê!;¡~ ~ :¡~ 0 ::: .... .... ~ è5 iI: :S 0> :æ: .. .. lß 8 ~ ¡ ~ ~ ~'I:: ~ 't:I1::~'ts:g 0 :::."fi 8.. It 8.:== ~ ~ . Gl~iillll_ ~ ~(I) '" :s!~ GlE !E:....:>o>J ¡¡ :¡ ~ « "'~ S g>~ ~"ê:Stf :::.t<t1", .... .- ~ .s:'~ ~~'ts8 O"""pj III ~ ~o ðo>ð>..~l@1:: ~,ªê:g1 8 ~ 0 '(i3 .CD i ~ e l,) i''2,~ "1J:::.Gl~ ¡:: .- l,) e 0>'- 8..g i8.lii ts "t) '1:: Q) l::: :::. cl. § ð ~lÞ""(3:¡¡¡~ I:: !:Çs. '- ~ "'.... ~ :¡¡ ~ lre æ 0 ~ ~li5 '-IE .c:: 0 ~ ~ Q) 15 .s: ~ W ~ .:.: ...I z I- It: W ¡:: Z == Z 0 ~ 0 ¡:: ¡:: ~ ~ iñ 0 w no 0 no ........ .... ....,¡ ... ....... ...., VOCATIONAL AGRICULTURAL TECHNICIAN QUALIFICATIONS: · High school diploma or equivalent · Minimum two years experience in an agriculturally technological work environment · Good working knowledge of pesticides, herbicides, and plant/animal food supplements · A Florida certified pesticide applicator's license is required or must be obtained within six months of employment · Good working knowledge of the operation, maintenance and repair of buildings, grounds and equipment typical to agricultural operations · Good working knowledge of the care of livestock and citrus crops · Ability to schedule flextble work hours REPORTS TO: Agri-Science InstructorlLeader Vocational Education Director County Extension Director SALARY INFORMATION: Salary-Range: $9.14 - $14.15 Job Code: Pay Grade: 8 DUTIES AND RESPONSlBll..ITIES: 1. Assumes responsibility for performing maintenance on 640 acres to include land sectioned into livestock grazing pastures, citrus grove, barnyard, lawns, as well as water wells, pumps, fences, canals, and irrigation systems_ 2. Assumes responsibility for performing maintenance, repair work and general cleaning; maintaining a high standard of safety, cleanliness, and efficiency. 3. Operates, maintains, and repairs mechanical equipment and facilities including tractors, trailers, lawn mowers and other equipment. 4. Stores and inventories equipment parts, materials and supplies, pesticides and other chemical compounds, in a safe and organized manner. Maintains up-ta-date records of all chemicals and pesticides used. '" ..... ......,¡ 5. Remains alert to potential safety hazards of equipment, facilities, barns, grounds, and recommends or responds to the correction of such hazardous situations. 6. Supervises student employees~ establishes and maintains good working relationships with statI: students and visitors. 7. Assists in the daily care of livestock and citrus grove within the direction of the Agri- Science Instructor/Leader. Assists the Agri-Science Instructor/Leader with hands-on student activities. 8. Attends workshops as requested to update skills related to job requirements. 9. Performs other tasks and assumes other responsibilities as the Agri-Science InstructorlLeader or Vocational Education Director or County Extension Director. Hiring contingent on the candidate's ability to pass a physical. a background inspection, and a drug test, and candidate must be fingerprinted. ** Option to reside on School Board property adjacent to Agri-Science Farm. '-" """" AGENDA REQUEST ITEM NO. 8 DATE: May 28, 2002 REGULAR [Xl PUBLIC HEARING [ l CONSENT [ l SUBMITTED BY (DEPT) : Aariculture PRESENTED BY: Anita S. Nea1~¡Ù TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Board of County Commissioners consider the approval of Position Request #PS02-060 and PS02-061 establishing two positions to work at the Agri-Science Education Center as outlined in the pending Interlocal agreement between st. Lucie County and the st. Lucie County School Board. BACKGROUND: see attached memo FUNDS AVAIL.: Funds will be available in 001-3715-512001-300 New Positions Funding will be coming from the St. Lucie County School Board as explained in the memo PREVIOUS ACTION: n/a RECOMMENDATION: Staff recommends the Board of County Commissioners approve Position Request # PS02-060 and PS02-061 establishing two positions to work at the Agri-Science Education Center as outlined in the pending Interlocal Agreement between st. Lucie County and the St. Lucie County School Board. COMMISSION ACTION: [ X] APPROVED [ ] OTHER: 4-0 (Bruhn Absent) DENIED Review and APprovals County Attorney: ~ Management & BUdget_f/fJJ fYlrr6; Purchasing : Originating Dept. Other: ~ #.t1- Other: Finance: (Check for Copy only, if applicable)___ Eff. 5/96 ;T/ AGENDA REQUEST ..., ITEM NO. qA DATE: May 28, 2002 REGULAR (XX PUBLIC HEARING (] CONSENT (] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 02-138 Amending and Restating Resolution No. 02-126 Authorizing the Issuance of Port Revenue Bonds BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 02-138 as drafted and authorize the Chairman to sign the Resolution. COMMISSION ACTION: Do las Anderson ounty Administrator ~ APPROVED ( ] DENIED ( ] OTHER: 5-0 County Attorney: ~/ Review and Approvals Management & Budget Purchasing: Originating Dept Public Works Dir: County Eng,: Finance: (Check for Copy only, if applicable) Eff. 5/96 '-" TO: FROM: C.A. NO. DATE: SUBJECT: -...I INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA Board of County Commissioners Daniel S. McIntyre, County Attorney 02-771 May 23, 2002 Resolution No. 02-138 Amending and Restating Resolution No. 02-126 Authorizing the Issuance of Port Revenue Bonds ---------------------------------------------------------------------- ---------------------------------------------------------------------- BACKGROUND: On May 14, 2002, the Board adopted Resolution 02-126 which resolution authorized the issuance of not exceeding $15,000,000 Port Revenue Bonds to fund the cost of acquiring the Destin Beach, Inc. property. The County's Bond Counsel has proposed to amend and restate the Resolution to provide additional findings and to reference the provisions of Chapter 315, Florida Statutes (2001) pertaining to port financing. As with Resolution No. 02-126, Resolution No. 02-138 would authorize the County Attorney and Bond Counsel to validate the Bonds. Further action of the Board would be required before bonds were issued. RECOMMENDATION/CONCLUSION: Staff recommends that the Board adopt Resolution No. 02-138 as drafted and authorize the Chairman to sign the Resolution. Res~ec fully submit±fd, Daniel S. McI County Attor, '-' S SQUIRE vWDER5 LEGAL COUNSEL WORLDWIDE ....", SQUIRE, SANDERS & DEMPSEYL.L.P. MEMORANDUM To: Chairman and Members Board of County Commissioners St. Lucie County, Florida Copy: Daniel S. McIntyre, Esquire County Attorney Douglas M. Anderson County Administrator From: Robert O. Freeman Date: May 23,2002 Re: Restated Authorizing Resolution for Port Bond Issue The attached resolution would restate and supercede Resolution No. 02-126, adopted by the Board on March 14,2002. The purpose of the restatement of 02-126 is to set forth in more specific terms in Section 2 of the resolution, the findings of the Board with respect to the Port Project and to specify broader authority for the exercise of the powers of the Board in connection with the undertaking of the Port Project. Robert O. Freeman ~ ..., RESOLUTION NO. 02-138 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING AND RESTATING IN ITS ENTIRETY RESOLUTION NO. 02-126, ADOPTED BY THE BOARD ON MAY 14,2002, AND ENTITLED: "A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, DECLARING THE PUBLIC NEED FOR THE ACQUISITION OF PROPERTY IN AND FOR THE PORT OF FORT PIERCE AND THE ACQUISITION AND CONSTRUCTION OF ADDITIONS, EXTENSIONS AND IMPROVEMENTS THEREON TO SERVE PUBLIC PURPOSES OF THE COUNTY; PROVIDING FOR THE ISSUANCE OF NOT EXCEEDING $15,000,000 PORT REVENUE BONDS TO FINANCE THE COST THEREOF; PROVIDING FOR THE PAYMENT OF THE BONDS FROM PORT REVENUES AND OTHER MONEYS; AUTHORIZING PROCEEDINGS FOR VALIDATION OF THE BONDS; PROVIDING FOR THE GIVING OF NOTICE OF THE PROPOSED ACQUISITION TO AFFECTED PARTIES; AND PROVIDING AN EFFECTIVE DATE"; DECLARING THE PUBLIC NEED FOR THE ACQUISITION OF PROPERTY IN AND FOR THE PORT OF FORT PIERCE, AS MORE PARTICULARLY DESCRIBED ON EXHIBIT A HERETO, AND THE ACQUISITION AND CONSTRUCTION OF ;\DDITIONS, EXTENSIONS /\NDCAPITAL IMPROVEMENTS THEREON TO SERVE ESSENTIAL PUBLIC PURPOSES OF THE COUNTY; PROVIDING FOR THE ISSUANCE OF NOT EXCEEDING $15,000,000 PORT REVENUE BONDS TO FINANCE THE COST THEREOF; PROVIDING FOR THE PAYMENT OF THE BONDS FROM PORT REVENUES AND OTHER MONEYS; AUTHORIZING PROCEEDINGS FOR VALIDATION OF THE BONDS; PROVIDING FOR THE GIVING OF NOTICE OF THE PROPOSED ACQUISITION TO AFFECTED PARTIES; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: Section 1. Authority for Resolution. TIùs Resolution is adopted pursuant to the provisions of Chapter 125, Part I, Florida Statutes, Chapter 159, Part I, Florida Statutes, Chapter 315, Florida Statutes, and Chapter 88-515, Laws of Florida (1988), as amended and supplemented, and particularly as supplemented by the provisions of Chapter 98-497, Laws of Florida (1998) (collectively the "Project Act") and, County Ordinance No. 87-77, enacted by the Board on October 20, 1987, as amended by Ordinance No. 95-06, enacted by the Board on March 7, 1995, and Sections 315.05 08,Chapter 315, Florida Statutes (collectively, the "Bond Act" and, together with the Project Act and other applicable provisions oflaw, the "Act"). Section 2. Findings. It is hereby ascertained, determined and declared by the Board of County Commissioners (the "Board") ofSt. Lucie County, Florida (the "County") that: 8849v4v3/28902·00109/R-AlJTH SHORT '-" ....., A. The County is authorized and empowered pursuant to the provisions of the Project Act, inter alia: · "To acquire, construct lease, operate and maintain any port facilities. . . ." [sec. 315.03(1), F.S.] · "To acquire by purchase, grant, gift or lease or by the exercise of the right of eminent domain and hold and dispose of any property, real or personal, tangible or intangible, or any right or interest in any such property, for or in connection with any port facilities, whether or not subject to mortgage, liens, charges or other encumbrances." [sec. 315.03(2), F.S.] · "To acquire any existing port facilities and to fill in, extend, enlarge or improve the same, or to cause or permit the same to be extended, enlarged or improved, for any public purpose or for sale or lease for the purpose of providing funds for the acquisition by the [ county] of any port facilities or for the payment of bonds, notes or other obligations of the unit for or in connection with any port facilities." [sec. 315,03(8), F.S.]. · "To sell at public or private sale or lease for public or private purposes all or any portion for any port facilities now or hereafter owned by the [county], including any such facilities as extended, enlarged or improved, and all or any portion of any property of the [county] improved, created, extended or enlarged under the authority of this law, on such terms and subject to such conditions as the governing body shall detennine to be in the best interests of the [county]." [sec. 315.03(9)]. · "To contract for the purchase by the unit of any port facilities.to be constructed, enlarged, extended or improved by any public body, agency or instnunentality or by any private person, firm or corporation, and to provide for payment of the purchase price thereof in such manner as may be deemed by the governing body to be in the best interests of the [county], including, but without limitation, . . . the issuance of bonds or other obligations of the [county]." [see 315.03(10), F.S.]. · "To lease or rent, or contract with others for the operation of all or any part of any port facilities now or hereafter acquired, owned or constructed by the [county], on such terms and for such period or periods and subject to such conditions as the governing body shall determine to be in the best interests ofthe [county]." [see 315.03(14), F.S.]. · "To perform any of the acts hereby authorized through or by means of its own officers, agents or employees or by contract." [see 315.03(19)]. · "To do all acts and things and to enter into all contracts and agreements necessary or convenient to carry out the purposes of this law." [see 315.03(20), F.S.]. "The term 'port facilities' shall mean and shall include harbor, shipping, and port facilities, and improvements of every kind, nature, and description, including, but without limitation, . . . wharves, docks, markets, parks, recreational facilities, structures, buildings, piers, storage 2 8849v4v3/28902-00109/R·AUTH SHORT '-' ...." facilities . . . and any and all property and facilities necessary or useful in connection with the foregoing, and anyone or more or any combination thereof and any extension, addition, betterment or improvement of any thereof" [see 315.012(6), F.S.]. B. The County is authorized and empowered pursuant to the provisions of the Project Act, inter aliati: · "To acquire by purchase or to construct, or partly acquire and partly construct, and to improve, repair, reconstruct, own, operation and maintain any self-liquidating project, or any combination of one or more projects as a single project" [sec. 159.03(1), F.S.]. · "To acquire in the name of the [County], either by purchase or the exercise of the right of eminent domain, such land and rights and interests therein . . . as it may deem necessary in connection with the construction, reconstruction, improvement, extension, enlargement or operation of any project" [sec. 159.03(4), F.S.]. "The word 'project' shall include all property rights, easements, and franchises relating thereto and deemed necessary or convenient for the construction or acquisition or the operation thereof, and shall embrace. . . harbor and port facilities. . . marinas. . .." [sec. 159.02(4)]. "The term 'harbor and port facilities' shall include docks, wharves, piers, warehouses, terminals. . . and bulkheads and equipment" [sec. 159.02(10)]. "The term 'marinas' shall mean any facilities for the sale, repaIr, rental, storage and servicing of boats" [sec. 159.02(21)]. D. The County is authorized and empowered pursuant to the provisions of the Project Act, inter aliati, · "Provide and operate. . .port facilities. . . ." [sec. 125.01(1), F.S.] · "[To] construct, improve, and maintain such . . . slips, wharves, docks, warehouses, terminals, and other works * * * The construction, maintenance, and improvements of such . . . slips, wharves, docks, warehouses, and terminals connected therewith are hereby found and declared to be for public purposes and to be necessary for the use of shipping and other transportation and for the extension of commerce of the state and of the [ county], and also necessary for the maintenance of the health of the inhabitants of the territory embraced in the [county] and for the convenience, comfort, and welfare of the [county] and the inhabitants thereof" [Ch. 88-515, Laws of Florida, sec.8]. · "[To] own, hold, control, and acquire by gift, purchase, or lease for the use of the [county] any real or personal property, and to condemn any lands, easements or other property needed for the purposes of such [county]. The board is authorized to exercise the right of 3 8849v4v3/28902-oo 109/R·AUTH SHORT '-' -...I eminent domain and institute and maintain condemnation proceedings as prescribed by the laws of Florida." [Ch. 88-515, Laws of Florida, sec. 9]. The powers and rights previously vested in the St. Lucie County Port and Airport Authority were vested in this Board by the provisions of Chapter 98-497, Laws of Florida (1998). E. The County is authorized pursuant to the provisions of the Bond Act: · "[T]o acquire, construct, improve, and equip county capital projects. . . as the same may be defined and determined by the Board from time to time in accordance with the provisions of general or special law" [Ordinance No. 87-77, sec. 2] · "[T]o issue revenue bonds, notes, certificates, and other forms of indebtedness for the purpose of financing County capital projects" [Ordinance No. 87-77, sec. 3]. · "[T]o provide by resolution, at one time or from time to time, for the issuance of bonds of [the county] for the purpose of paying all or a part of the cost of anyone or more port facilities. ... ... ..." [sec. 315.05(1), F.S.]. · "[To] provide that bond issued under the provisions of [Chapter 315, F.S.] shall be payable from and secured by a pledge of anyone or more of the following sources: o "Revenues of anyone or more port facilities now owned or hereafter acquired or constructed by the [ county]; o ''Proceeds of the sale or lease of all or any part of any port facilities now or hereafter owned by the [county] as such facilities may be extended, enlarged or improved. . .."[sec. improved. . . ."rsec. 315.06(1)(a) and (b), F.S.]. · "[To] provide that such bonds shall be. . . additionally secured by a pledge of revenues, sale or lease proceeds, ...." [sec. 315.06(2), F.S.]. F. The Board formallyFollowing extensive planning and analvsis and input at advertised public hearings from all interested parties. the Board. in its legislative capacity. and to accomplish the purposes set forth in the Project Act. approved as the policy of the County the implementation of the "Goals, Objectives, and Policies for Port ofFt. Pierce" (the "Goals. Policies. and Objectives"). by Resolution No. 02-033, adopted on March 12, 2002 (the "Port Master Plan"). The Port Master Plan includes policies that2002. The Goals. Policies. and Objectives include policies that. consistent with the Proiect Act. support the development of (i) commercial marine facilities such as megayacht construction and/or maintenance facilities, (ii) research facilities, and (iii) expanded recreational and tourism facilities (collectivelv. the "Development"). facilities. The capital components of the Port Master Plan are sLHl1lnarized on Exhibit B hereto, and consist of aequisi:tioR ohhe Property G. Subsequentlv. the Board. at its regularlv scheduled meeting on May 14. 2002. at which the owner of the Property was present and addressed the Board- in furtherance of the Goals. Policies. and Objectives. authorized staff to proceed with acquisition 4 8849v4v3/2890Z-00109/R-AUTH SHORT '-' ..., (the "Acquisition") and the cORstmetion of improvemeRts therøofl (the "Impro'lements", and, together with theof the Property described on Exhibit A hereto (the }l.eqllisition,Development and the Acquisition are referred to collectively herein as the "Project"). The County is authorized to undertake the Proiect pursuant to the provisions of the Proiect Act. The timing of consummation of the Acquisition is of the essence due to the fact that permits which the County holds to begin the Project expire within a year. H. The Acquisition fulfils an essential public purpose and is necessary to provide increased trade, commerce, and jobs in the County. The Acquisition is further necessary to implement the Goals, Policies and Objectives and is in the best interests of the health, safety, and welfare of the County and its residents. The Acquisition is consistent with and in furtherance of the provisions of the Proiect Act and the determinations made therein bv the Florida Legislature. I. The costs of the Project ("Project Costs") shall include, but shall not necessarily be limited to: the cost of the acquisition of the Property, any interests therein, or any other properties deemed necessary or convenient therefor; engineering, accounting, fmancial advisory, and legal fees and expenses; expenses for plans, specifications and surveys; expenses for estimates of costs and of revenues; the fees of advisors and consultants; the cost of bond insurance and/or debt service reserve account premiums; administrative expenses; the capitalization of interest on the Bonds authorized hereby for a reasonable period of time after the date of issuance and delivery thereof; the establishment of reasonable reserves for the payment of debt service on the Bonds; discount upon the sale of the Bonds; the expenses and costs of issuance of the Bonds; such other expenses as may be necessary or incidental to the fmancing authorized by this resolution, to the undertaking of the Project, and to the placing of the same in operation; and reimbursement to the County for any sums expended for the foregoing purposes. GL The County is without adequate, currently available moneys to paythe Project Costs, and it is necessary and desirable that the County borrow the mORe)' and issue thesuch money through the issuance of Port Revenue Bonds (the "Bonds"), in an amount not to exceed $15,000,000 to pay PrDjeet Costs. The County is authorized pursuant to the provisions of the Bond Act to issue the Bonds for purposes of financing Project Costs. H-:K. It is necessary and desirable and in the best interests of the County and its residents that the Board authorize the issuance of the Bonds at this time. The details of the Bonds, including the specific covenants and agreements to be entered into by the County with the holders from time to time of the Bonds and the funds and accounts (the "Funds and Accounts") to be established for their benefit and security will be determined and specified in a subsequent resolution (the "Supplemental Resolution") to be adopted at or prior to the time of sale and issuance ofthe Bonds. hL. The principal of, premium, if any, and interest on the Bonds and all required sinking fund, reserve and other payments required under the Supplemental Resolution shall be payable from and secured solely by (i) theRet revenues received from the operation, leasing, management or use of the Project (the "Project Revenues"), grants, gifts, or other contributions received by the County with respect to the Project (the "Grant Revenues"), (iii) the moneys on deposit from time to time in the Funds and Accounts to be created by the Supplemental Resolution,(iv) earnings on the moneys on deposit in the funds and accounts created by the Supplemental Resolution (the "Investment Earnings"), and (v) such other revenues derived from sources other than ad valorem taxation as the 5 8&49v4v3/28902-00109/R-AUTH SHORT '-' ~ Board shall determine are necessary to accomplish the most favorable interest cost on the Bonds, which may be in the form of a covenant to budget and appropriate from such sources (the "Non-Ad Valorem Revenues", and, together with the Project Revenues, the Grant Revenues, the moneys in the Funds and Accounts, and the Investment Earnings, the "Pledged Revenues"). The Bonds authorized hereby shall not be or constitute a general obligation or indebtedness of the County within the meaning of any constitutional or statutory provisions. The County shall never be required to levy ad valorem taxes on any real property therein to pay the principal of and interest on the Bonds or to make any other payments provided for herein and in the Supplemental Resolution. The Bonds shall not constitute a lien upon the Project or upon any properties owned by or located within the boundaries of the County other than the Pledged Revenues. Section 3. Authorization of Project. The Project is hereby specifically authorized. Section 4. Authorization of Bonds. The issuance by the County of not exceeding $15,000,000 Port Revenue Bonds for the purpose of paying Project Costs is hereby authorized. The Bonds shall be dated, shall bear interest at a rate or rates not exceeding the maximum legal rate per annum, shall be payable, shall mature not more than forty (40) years from their first principal payment date, shall be subject to redemption, and shall have such other characteristics as shall be provided by a subsequent resolution (the "Supplemental Resolution") of the Board adopted prior to their sale. The Bonds, and the principal of, premium, if any, and interest thereon, shall be payable from and secured solely by a lien upon and pledge of the Pledged Revenues, as more particularly provided in the Supplemental Resolution; provided that the Bonds shall not constitute a lien upon the Project or a general obligation or indebtedness of the County and no holder of the Bonds shall ever have the right to require or compel the County to levy ad valorem taxes upon any property in the County to pay the principal of, premium, if any, or interest on the Bonds or to pay the Bonds and the premium, if any, and interest thereon from any moneys or funds of the County other than the Pledged Revenues in the manner provided in the Supplemental Resolution. Section 5. Validation. The Board hereby authorizes the County to institute proceedings in the Circuit Court for St. Lucie County for validation of the Bonds pursuant to the provisions of Chapter 75, Florida Statutes. Notice of such proceedings, in addition to any notice required by Chapter 75, shall be served upon the owner(s) of record of the Property by registered U.S. Mail, return receipt requested, or in such other manner as shall provide for receipted notice of the commencement of validation proceedings to such owner(s). Section 6. Repeal of Inconsistent Instruments. All resolutions or ordinances of the County or parts thereof in conflict herewith are hereby repealed to the extent of such conflict. This resolution shall be deemed to restate, supercede. and replace in its entirety Resolution No. 02-126, adopted bv the Board on May 14, 2002. 6 8849v4v3/Z890Z-00109/R·AUTH SHORT '-' ...", Section 7. Effective Date. This Resolution shall become effective immediately upon its adoption. Passed and Adopted this 28th day of May 2002, at a regular meeting duly called and held. (SEAL) BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chairman ATTEST: By: Clerk of the Circuit Court, ex-officio Clerk of the Board APPROVED AS TO FORM AND CORRECTNESS: County Attorney 7 8849v4v3128902-00109/R·AUTH SHORT '\W' 8849v4v3/28902-00109/R-AUTH SHORT EXHIBIT A DESCRIPTION OF THE PROPERTY 8 ....,j '- .....¡ EXHIBIT B DESCRIPTION OF THE PROJECT 9 8849v4v3/Z890Z-00109/R-AUTH SHORT '- ....I RESOLUTION NO. 02-138 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING AND RESTATING IN ITS ENTIRETY RESOLUTION NO. 02-126, ADOPTED BY THE BOARD ON MAY 14,2002, AND ENTITLED: "A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, DECLARING THE PUBLIC NEED FOR THE ACQUISITION OF PROPERTY IN AND FOR THE PORT OF FORT PIERCE AND THE ACQUISITION AND CONSTRUCTION OF ADDITIONS, EXTENSIONS AND IMPROVEMENTS THEREON TO SERVE PUBLIC PURPOSES OF THE COUNTY; PROVIDING FOR THE ISSUANCE OF NOT EXCEEDING $15,000,000 PORT REVENlÆ BONDS TO FINANCE THE COST THEREOF; PROVIDING FOR THE PAYMENT OF THE BONDS FROM PORT REVENlÆS AND OTHER MONEYS; AUTHORIZING PROCEEDINGS FOR VALIDATION OF THE BONDS; PROVIDING FOR THE GIVING OF NOTICE OF THE PROPOSED ACQUISITION TO AFFECTED PARTIES; AND PROVIDING AN EFFECTIVE DATE"; DECLARING THE PUBLIC NEED FOR THE ACQUISITION OF PROPERTY IN AND FOR THE PORT OF FORT PIERCE, AS MORE PARTICULARLY DESCRIBED ON EXHffiIT A HERETO, AND THE ACQUISITION AND CONSTRUCTION OF CAPITAL IMPROVEMENTS THEREON TO SERVE ESSENTIAL PUBLIC PURPOSES OF THE COUNTY; PROVIDING FOR THE ISSUANCE OF NOT EXCEEDING $15,000,000 PORT REVENlÆ BONDS TO FINANCE THE COST THEREOF; PROVIDING FOR THE PAYMENT OF THE BONDS FROM PORT REVENlÆS AND OTHER MONEYS; AUTHORIZING PROCEEDINGS FOR VALIDATION OF THE BONDS; PROVIDING FOR THE GIVING OF NOTICE OF THE PROPOSED ACQUISITION TO AFFECTED PARTIES; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: Section 1. Authority for Resolution. This Resolution is adopted pursuant to the provisions of Chapter 125, Part I, Florida Statutes, Chapter 159, Part I, Florida Statutes, Chapter 315, Florida Statutes, and Chapter 88-515, Laws of Florida (1988), as amended and supplemented, and particularly as supplemented by the provisions of Chapter 98-497, Laws of Florida (1998) (collectively the "Project Act") and, County Ordinance No. 87-77, enacted by the Board on October 20, 1987, as amended by Ordinance No. 95-06, enacted by the Board on March 7, 1995, and Chapter 315, Florida Statutes (collectively, the "Bond Act" and, together with the Project Act and other applicable provisions oflaw, the "Act"). Section 2. Findings. It is hereby ascertained, determined and declared by the Board of County Commissioners (the "Board") ofS1. Lucie County, Florida (the "County") that: 8849v4/28902-00109JR-AUTH SHORT '-' ...¡ A. The County is authorized and empowered pursuant to the provisions of the Project Act, inter alia: · "To acquire, construct lease, operate and maintain any port facilities. . . ." [sec. 315.03(1), F.S.] · "To acquire by purchase, grant, gift or lease or by the exercise of the right of eminent domain and hold and dispose of any property, real or personal, tangible or intangible, or any right or interest in any such property, for or in connection with any port facilities, whether or not subject to mortgage, liens, charges or other encwnbrances." [sec. 315.03(2), F.S.] · "To acquire any existing port facilities and to fill in, extend, enlarge or improve the same, or to cause or pennit the same to be extended, enlarged or improved, for any public purpose or for sale or lease for the purpose of providing funds for the acquisition by the [county] of any port facilities or for the payment of bonds, notes or other obligations of the unit for or in connection with any port facilities." [sec. 315,03(8), F.S.]. · "To sell at public or private sale or lease for public or private purposes all or any portion for any port facilities now or hereafter owned by the [county], including any such facilities as extended, enlarged or improved, and all or any portion of any property of the [county] improved, created, extended or enlarged under the authority of this law, on such terms and subject to such conditions as the governing body shall detennine to be in the best interests of the [county]." [sec. 315.03(9)]. · "To contract for the purchase by the unit of any port facilities to be constructed, enlarged, extended or improved by any public body, agency or instrumentality or by any private person, firm or corporation, and to provide for payment of the purchase price thereof in such manner as may be deemed by the governing body to be in the best interests of the [county], including, but without limitation, . . . the issuance of bonds or other obligations of the [county]." [see 315.03(10), F.S.]. . ''To lease or rent, or contract with others for the operation of all or any part of any port facilities now or hereafter acquired, owned or constructed by the [county], on such terms and for such1period or periods and subject to such conditions as the governing body shall determine to be in the best interests ofthe [county]." [sec 315.03(14), F.S.]. · "To perform any of the acts hereby authorized through or by means of its own officers, agents or employees or by contract." [see 315.03(19)]. · "T 0 do all acts and things and to enter into all contracts and agreements necessary or convenient to carry out the purposes of this law." [see 315.03(20), F.S.]. "The term 'port facilities' shall mean and shall include harbor, shipping, and port facilities, and improvements of every kind, nature, and description, including, but without limitation, . . . wharves, docks, markets, parks, recreational facilities, structures, buildings, piers, storage facilities . . . and any and all property and facilities necessary or useful in connection with the 2 8849v4/28902-00 L09/R-AUTH SHORT '-' ...., foregoing, and anyone or more or any combination thereof and any extension, addition, betterment or improvement of any thereof" [sec315.012(6), F.S.]. B. The County is authorized and empowered pursuant to the provisions of the Project Act, inter alia: · "To acquire by purchase or to construct, or partly acquire and partly construct, and to improve, repair, reconstruct, own, operation and maintain any self-liquidating project, or any combination of one or more projects as a single project" [sec. 159.03(1), F.S.]. · "To acquire in the name of the [County], either by purchase or the exercise of the right of eminent domain, such land and rights and interests therein. . . as it may deem necessary in connection with the construction, reconstruction, improvement, extension, enlargement or operation of any project" [sec. 159.03(4), F.S.]. "The word 'project' shall include all property rights, easements, and franchises relating thereto and deemed necessary or convenient for the construction or acquisition or the operation thereof, and shall embrace. . . harbor and port facilities. . . marinas. . .." [sec. 159.02(4)]. "The term 'harbor and port facilities' shall include docks, wharves, piers, warehouses, terminals. . . and bulkheads and equipment" [sec. 159.02(10)]. "The term 'marinas' shall mean any facilities for the sale, reparr, rental, storage and servicing of boats" [sec. 159.02(21)]. D. The County is authorized and empowered pursuant to the provisions of the Project Act, inter alia, . "Provide and operate . . .port facilities. . . ." [sec. 125.01(1), F.S.] . "[To] construct, improve, and maintain such . . . slips, wharves, docks, warehouses, terminals, and other works * * * The construction, maintenance, and improvements of such . . . slips, wharves, docks, warehouses, and terminals connected therewith are hereby found and declared to be for public purposes and to be necessary for the use of shipping and other transportation and for the extension of commerce of the state and of the [county], and also necessary for the maintenance of the health of the inhabitants of the territory embraced in the [county] and for the convenience, comfort, and welfare of the [county] and the inhabitants thereof." [Ch. 88-515, Laws of Florida, sec.8]. · "[To] own, hold, control, and acquire by gift, purchase, or lease for the use of the [county] any real or personal property, and to condemn any lands, easements or other property needed for the purposes of such [county]. The board is authorized to exercise the right of eminent domain and institute and maintain condemnation proceedings as prescribed by the laws of Florida." [Ch. 88-515, Laws of Florida, sec. 9]. 3 8849v4J28902-00109/R-AUTH SHORT '- .....,,¡ The powers and rights previously vested in the S1. Lucie County Port and Airport Authority were vested in this Board by the provisions of Chapter 98-497, Laws of Florida (1998). E. The County is authorized pursuant to the provisions of the Bond Act: · "[T]o acquire, construct, improve, and equip county capital projects. . . as the same may be defined and determined by the Board from time to time in accordance with the provisions of general or special law" [Ordinance No. 87-77, sec. 2] · "[T]o issue revenue bonds, notes, certificates, and other forms of indebtedness for the putpose of financing County capital projects" [Ordinance No. 87-77, sec. 3]. · "[T]o provide by resolution, at one time or from time to time, for the issuance of bonds of [the county] for the putpose of paying all or a part of the cost of anyone or more port facilities. * * *" [sec. 315.05(1), F.S.]. · "[To] provide that bond issued under the provisions of [Chapter 315, F.S.] shall be payable from and secured by a pledge of anyone or more of the following sources: o "Revenues of anyone or more port facilities now owned or hereafter acquired or constructed by the [ county]; o "Proceeds of the sale or lease of all or any part of any port facilities now or hereafter owned by the [ county] as such facilities may be extended, enlarged or improved. . . ."[sec. 315.06(1)(a) and (b), F.S.]. · "[To] provide that such bonds shall be. . . additionally secured by a pledge of revenues, sale or lease proceeds, . . . ." [sec. 315.06(2), F.S.]. F. Following extensive planning and analysis and input at advertised public hearings from all interested parties, the Board, in its legislative capacity, and to accomplish the putposes set forth in the Project Act, approved as the policy of the County the implementation of the "Goals, Objectives, and Policies for Port of F1. Pierce" (the "Goals, Policies, and Objectives"), by Resolution No. 02-033, adopted on March 12, 2002. The Goals, Policies, and Objectives include policies that, consistent with the Project Act, support the development of (i) commercial marine facilities such as megayacht construction and/or maintenance facilities, (ii) research facilities, and (iii) expanded recreational and tourism facilities (collectively, the "Development"). G. Subsequently, the Board, at its regularly scheduled meeting on May 14, 2002, at which the owner of the Property was present and addressed the Board, in furtherance of the Goals, Policies, and Objectives, authorized staff to proceed with acquisition (the "Acquisition") of the Property described on Exhibit A hereto (the Development and the Acquisition are referred to collectively herein as the "Project"). The County is authorized to undertake the Project pursuant to the provisions of the Project Act. The timing of consummation of the Acquisition is of the essence due to the fact that permits which the County holds to begin the Project expire within a year. 4 8849v4/28902-00 1091R-AUTH SHORT "" ....", H. The Acquisition fulfils an essential public purpose and is necessary to provide increased trade, commerce, and jobs in the COlmty. The Acquisition is further necessary to implement the Goals, Policies and Objectives and is in the best interests of the health, safety, and welfare of the County and its residents. The Acquisition is consistent with and in furtherance of the provisions of the Project Act and the determinations made therein by the Florida Legislature. 1. The costs of the Project ("Project Costs") shall include, but shall not necessarily be limited to: the cost of the acquisition of the Property, any interests therein, or any other properties deemed necessary or convenient therefor; engineering, accounting, financial advisory, and legal fees and expenses; expenses for plans, specifications and surveys; expenses for estimates of costs and of revenues; the fees of advisors and consultants; the cost of bond insurance and/or debt service reserve account premiums; administrative expenses; the capitalization of interest on the Bonds authorized hereby for a reasonable period of time after the date of issuance and delivery thereof; the establislunent of reasonable reserves for the payment of debt service on the Bonds; discount upon the sale of the Bonds; the expenses and costs of issuance of the Bonds; such other expenses as may be necessary or incidental to the fmancing authorized by this resolution, to the undertaking of the Project, and to the placing of the same in operation; and reimbursement to the County for any sums expended for the foregoing purposes. 1. The County is without adequate, currently available moneys to pay Project Costs, and it is necessary and desirable that the County borrow such money through the issuance of Port Revenue Bonds (the "Bonds"), in an amount not to exceed $15,000,000. The County is authorized pursuant to the provisions of the Bond Act to issue the Bonds for purposes of financing Project Costs. K. It is necessary and desirable and in the best interests of the County and its residents that the Board authorize the issuance of the Bonds at thís time. The details of the Bonds, including the specific covenants and agreements to be entered into by the County with the holders from time to time of the Bonds and the funds and accounts (the "Funds and Accounts") to be established for their benefit and security will be determined and specified in a subsequent resolution (the "Supplemental Resolution") to be adopted at or prior to the time of sale and issuance of the Bonds. L. The principal of, premium, if any, and interest on the Bonds and all required sinking fund, reserve and other payments required under the Supplemental Resolution shall be payable from and secured solely by (i) the revenues received from the operation, leasing, management or use of the Project (the "Project Revenues"), grants, gifts, or other contributions received by the County with respect to the Project (the "Grant Revenues"), (iii) the moneys on deposit from time to time in the Funds and Accounts to be created by the Supplemental Resolution,(iv) earnings on the moneys on deposit in the funds and accounts created by the Supplemental Resolution (the "Investment Earnings"), and (v) such other revenues derived from sources other than ad valorem taxation as the Board shall determine are necessary to accomplish the most favorable interest cost on the Bonds, whích may be in the form of a covenant to budget and appropriate from such sources (the "Non-Ad Valorem Revenues", and, together with the Project Revenues, the Grant Revenues, the moneys in the Funds and Accounts, and the Investment Earnings, the "Pledged Revenues"). The Bonds authorized hereby shall not be or constitute a general obligation or indebtedness of the County withín the meaning of any constitutional or statutory provisions. The County shall never be required to levy ad valorem taxes on any real property therein to pay the principal of and interest on 5 8849v4/28902-00 109/R-AUTH SHORT '" ...", the Bonds or to make any other payments provided for herein and in the Supplemental Resolution. The Bonds shall not constitute a lien upon the Project or upon any properties owned by or located within the boundaries of the County other than the Pledged Revenues. Section 3. Authorization of Project. The Project is hereby specifically authorized. Section 4. Authorization of Bonds. The issuance by the County of not exceeding $15,000,000 Port Revenue Bonds for the purpose of paying Project Costs is hereby authorized. The Bonds shall be dated, shall bear interest at a rate or rates not exceeding the maximum legal rate per annum, shall be payable, shall mature not more than forty (40) years from their first principal payment date, shall be subject to redemption, and shall have such other characteristics as shall be provided by a subsequent resolution (the "Supplemental Resolution") of the Board adopted prior to their sale. The Bonds, and the principal of, premium, if any, and interest thereon, shall be payable from and secured solely by a lien upon and pledge of the Pledged Revenues, as more particularly provided in the Supplemental Resolution; provided that the Bonds shall not constitute a lien upon the Project or a general obligation or indebtedness of the County and no holder of the Bonds shall ever have the right to require or compel the County to levy ad valorem taxes upon any property in the County to pay the principal of, premium, if any, or interest on the Bonds or to pay the Bonds and the premium, if any, and interest thereon from any moneys or funds of the County other than the Pledged Revenues in the manner provided in the Supplemental Resolution. Section 5. Validation. The Board hereby authorizes the County to institute proceedings in the Circuit Court for St. Lucie County for validation of the Bonds pursuant to the provisions of Chapter 75, Florida Statutes. Notice of such proceedings, in addition to any notice required by Chapter 75, shall be served upon the owner(s) of record of the Property by registered U.S. Mail, return receipt requested, or in such other manner as shall provide for receipted notice of the commencement of validation proceedings to such owner(s). Section 6. Repeal of Inconsistent Instruments. All resolutions or ordinances of the County or parts thereof in conflict herewith are hereby repealed to the extent of such conflict. This resolution shall be deemed to restate, supercede, and replace in its entirety Resolution No. 02-126, adopted by the Board on May 14, 2002. 6 g849v4IZ8902-00J09/R-AUTH SHORT .... "wi Section 7. Effective Date. This Resolution shall become effective immediately upon its adoption. Passed and Adopted this 28th day of May 2002, at a regular meeting dilly called and held. (SEAL) BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chairman ATTEST: By: Clerk of the Circuit Court, ex-officio Clerk of the Board APPROVED AS TO FORM AND CORRECTNESS: County Attorney 7 8B49v4!28902-00109!R-AUTH SHORT '" 8849v4/28902-00 109/R-AUTH SHORT ....J EXHIBIT A DESCRIPTION OF THE PROPERTY 8 \r/ AGENDA REQUEST ITEM NO:~13 Date: May 28, 2002 Regular [X] Public Hearing [ ] Consent [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Agri-Science Education Center - lnterlocal Agreement with S1. Lucie County School Board BACKGROUND: See C.A. No. 02-766 FUNDS A V AIL.(State type & No. of transaction or N/A): Account No. 001-3715-512001-300 (New Positions) RECOMMENDATION: Staff recommends the Board of County Commissioners approve the proposed interlocal agreement with the St. Lucie County School Board for the Agri-Science Education Center, and authorize the chairman to sign the agreement. COMMISSION ACTION: [~1 APPROVED [ ] DENIED [ ] OTHER: 5-0 County Attorney: f)y Coordination/Shmatures 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: 02-765 DATE: May 21,2002 SUBJECT: Agri-Science Education Center - Interlocal Agreement with St. Lucie County School Board BACKGROUND: Attached to this memorandum is a copy of a proposed interlocal agreement between the County and the St. Lucie School Board for joint operation of the Agri-Science Education Center located on FAA Road in the unincorporated areas of the County. The agreement provides for the County and the School Board to cooperate in the operation of the Agri-Science Center which provides education and training to students in agriculture programs. This joint effort is intended to both expand the current student programs conducted by the County's Cooperative Extension Service and provide for a more efficient and effective operation ofthe Agri-Science Center. As set forth in the agreement, the County will hire an Agri-Science Instructor/Leader and Vocational Agricultural Technician to be assigned to the Agri-Science Center. The County will be responsible for fifty percent (50%) of the Vocational Agricultural Technician's salary and benefits. The School Board will be responsible for the remaining fifty percent (50%) of the Vocational Agricultural Technician's salary and benefits and one hundred percent (100%) of the Agri-Science Instructor/Leader's salary and benefits. Copies of the proposed job descriptions including pay scales are attached to this memorandum. The Cooperative Extension Agent will agenda creation of these positions for the Board's May 28, 2002 meeting. In addition to working together to formulate short and long range plans for the Agr-Science Center's operations, the parties will also form an Agri-Science Education Advisory Committee for the Center. This Committee is intended to generate community support and input for the Agri-Science Center. The agreement provides for an initial one year term beginning July 1,2002, subject to extension upon agreement of the parties. RECOMMENDA nON/CONCLUSION: Staff recommends the Board of County Commissioners approve the proposed interlocal agreement with the St. Lucie County School Board for the Agri-Science Education Center, and authorize the chairman to sign the agreement. 1 Attachment HY/ Copies To: '-' Concurring Staff Clerk Secretary Press Public -..",,¡1 Respectfully submitted 1~~ Heather Young Assistant County Attorney 2 "" ~ INTERLOCAL AGREEMENT between ST. LUCIE COUNTY SCHOOL BOARD and ST. LUCIE COUNTY relating to AGRI-SCIENCE EDUCA nON CENTER THIS INTERLOCAL AGREEMENT is made this day of ,2002, by and between the ST. LUCIE COUNTY SCHOOL BOARD, hereinafter referred to as "School", and ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County". WHEREAS, the School owns and operates the Agri-Science Education Center ("Center"), located on FAA Road in the unincorporated area of the County, for the purpose of providing instruction in agricultural matters to its students; and, WHEREAS, the County provides agricultural information and training to County residents of all ages through the County's Cooperative Extension Service; and, WHEREAS, the parties have determined that it would be to the mutual advantage of each in the best interests of both the residents of St. Lucie County and the faculty, staff and students of the School for the parties to cooperate in the funding and operations of the Center. NOW, THEREFORE, in consideration of the mutual advantages accruing to the parties and the benefits, promises, and consideration hereinafter set out, the School and the County agree as follows: 1. GENERAL. This Agreement is entered into pursuant to Section 163.01, Florida Statutes, Florida Inter10cal Cooperation Act. This Agreement embodies the whole understanding of the parties. There are no premises, terms, conditions, or obligations other than those contained therein, and this Agreement shall supersede all previous telecommunications, representations, or agreements, either verbal or written, between the parties hereto. 2. PURPOSE AND INTENT. It is the intent of the parties: A. To maximize the use of funds and facilities for the Center and avoid unnecessary duplication of facilities and services. B. To jointly provide programs and facilities that are better than either entity could provide on its own. 1 \.r ..." C. To further the relationship between the School and the County in providing agricultural education to all residents of the County. 3. COUNTY RESPONSIBILITIES. The County's responsibilities hereunder shall be as follows: A. On or before July 1, 2002, the County shall hire the following full-time employees to be assigned to the Center: (1) Agri -Science InstructorlLeader (2) Vocational Agricultural Technician The qualifications, salary and benefits, and job duties for these positions shall be as agreed upon by parties. The County shall be responsible for fifty percent (50%) of the cost of the Vocational Agricultural Technician's salary and benefits. The County shall require a satisfactory background check, including fingerprinting, prior to the hiring of any employee pursuant to this Agreement. The employees shall be subject to the employee regulations of both parties. The employees will be jointly supervised and evaluated by the County Extension Director and the principal of Fort Pierce Westwood High School. B. The County shall work with the School to develop short range and long range plans, including goals, objectives and budgets for the utilization of the Center. C. The County shall store and inventory all equipment parts, materials and supplies, pesticides and other chemical compounds used in conjunction with the operation of the Center in a safe and orderly manner. The County shall maintain up-to-date records of all chemicals and pesticides used and/or stored on site. D. The County shall cooperate with the School in the establishment of an Agri- Science Education Advisory Committee for the Center. E. The County shall operate the Zoological Education Program ("ZEP") and provide instruction for the Future Farmers of America ("FF A") Program. The County shall be responsible for mowing the ZEP farm and the ZEP pasture. 4. as follows: SCHOOL RESPONSIBILITIES. The School's responsibilities hereunder shall be 2 '-' ...., A. The School shall be responsible for one hundred (100%) of the cost of the salary and benefits for the Agri-Science Instructor/Leader and fifty percent (50%) of the cost of the salary and benefits for the Vocational Agricultural Technician. The employees shall be subject to the employee regulations of both parties. The employees will be jointly supervised and evaluated by the County Extension Director and the principal of Fort Pierce Westwood High School. B. The School shall convey ownership of the Center's cattle herd to the FF A on or before July 1, 2002. C. The School shall retain title to the property, improvements, and all equipment used at the Center. D. The School shall be responsible for maintenance and repairs to the Center and its agricultural operations, including but not limited to facilities and equipment. E. The School shall cooperate with the County in development and implementation of short range and long range plans, including goals, objectives and budgets, for the utilization of the Center. F. The School shall cooperate with the County in the establishment of an Agri- Science Education Advisory Committee for the Center. 5. TERM; TERMINATION. This Agreement shall be effective for a period of one (1) year beginning July 1,2002 and ending June 30, 2003. Either party may terminate this Agreement without cause upon ninety (90) days prior written notice to the other. This Agreement will be automatically renewed upon the same terms and conditions for successive one year periods unless either party determines to terminate the Agreement by providing written notice of the termination at least ninety (90) prior to the expiration of the current term. 6. AMENDMENT. This Agreement may be amended by written agreement of the parties. 7. NOTICES. All notices, requests, consents, and other communications required permitted under this Agreement shall be in writing (including telex and telegraphic communication) and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed (airmail if international) by registered or certified mail (postage prepaid), return receipt requested, and addressed to: 3 '- 'WIÌ As to St. Lucie County: With a CODV to: St. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 As to School: With a copv to: St. Lucie County School Superintendent St. Lucie County School Board 2909 Delaware Avenue Fort Pierce, Florida 34947 Daniel B. Harrell, Esquire Riverside National Bank, Suite 200 1600 S. Federal Highway Fort Pierce, Florida 34950 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered: (a) on the date delivered if by personal delivery, (b) on the date telecornmunicated if by telegraph, (c) on the date of transmission with confirmed answer back if by telex, and (d) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 8. PUBLIC RECORDS. The parties shall allow public access to all documents, papers, letters, or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by either party in conjunction with this Agreement. 9. PUBLIC RECORDS. The parties shall allow public access to all documents, paper, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by them in conduction with this Agreement. 10. ASSIGNMENT. Neither party shall assign the Agreement to any other persons or firm without first obtaining the other party's written approval. 11. FILING: AMENDMENT. This Agreement shall be filed with the Clerk of the Circuit Court ofSt. Lucie County, Florida, prior to its effectiveness. This Agreement may only be amended by written document signed by all parties and filed with the Clerk of the Circuit Court of St. Lucie County, Florida. 4 \-. ...., IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the date aforesaid. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney ST. LUCIE COUNTY SCHOOL BOARD ATTEST: BY: BY: Chairman APPROVED AS TO FORM AND CORRECTNESS BY: School Board Attorney g: \atty\agreemnt\interloc\schoo I.agriscience. wpd 5 \., ...,J AGRI-SCIENCE INSTRUCTOR / LEADER QUALIFICA TIONS: · Bachelor's Degree required, Master's preferred, in Agriculture Education, Agricultural Science or related field. Academic course hours and in-field experience considered. · Valid Florida CDL license, · Florida teaching certificate · Minimum of three years successful teaching experience at the secondary level . Demonstrated experience in farm management or in supervising an educational facility in agriculture education . Ability to perform the essential functions of the position REPORTS TO: Principal, Fort Pierce Westwood High School County Extension Director SALARY INFORMATION: Salary: $31,886.41 - $51,168.27 Job Code: Pay Grade: 18 DUTIES AND RESPONSIBILITIES: 1. To organize and perform such activities on the 640 acre Agriscience Education Center to ensure the day-to-day activities, new developments and projects are carried out. 2. To develop short and long range plans, including goals, objectives and budgets for utilization of the Agri-Science Education Center 3. Abide by the Florida Code of Ethics. 4. To integrate classroom schedules with farm activities. 5. Provide instruction and guidance for FF A membership and coordinate FF A business. 6. Oversee the cow/calf and swine operation, keeping accurate health and productivity records and maintain the herd according to IF AS recommendations (to include pasture maintenance. '-' ...." 7. Oversee citrus, hay fields, and horticulture turf management and future agri-science programs. 8. Supervise part time maintenance worker. Include student activities in building fences, cow pens, other farm structures and safety and use of GPS unit. Include students in seasonal care of pastures and cow maintenance. 9. Follow school board and finance purchasing policies 10. Develop and maintain an effective Agriscience Education Advisory Committee. 11. Attend periodic trainings as determined by supervisors. 12. Provide instruction at highest standards for FFA participation at the St. Lucie County Fair, market, swine market, steer/tractor driving, judging teams, etc. 13. Frequent public contact, as well as dealing with vendors, suppliers and contractors on a daily or weekly basis; shall assist in provision of tours and inspection visits by clientele, general public, and representatives of local, state, and federal regulatory agencies. 14. To perform activities to ensure organized, safe operation and maintenance of machinery, equipment, buildings and grounds. 15. To assist in the acquisition, disposal, maintenance, use or loan of equipment, livestock, materials, plants, products and supplies. Follow all procedural policies with regard to animal rights and welfare. 16. To maintain written equipment maintenance records and operation logs on machinery and equipment. 17. To evaluate need for replacement and repair of equipment and facilities. 18. To supervise student SEA's (supervised educational activities) and the Vo-Ag Technician while engaged in activities on the farm. 19 . To perform assigned tasks in a timely manner. 20. To perform assigned tasks with a high standard of quality. 21. To perform other duties as assigned by supervisors. Hiring contingent on the candidate's ability to pass a physical, a background inspection, and a drug test, and candidate must be fingerprinted. \.., ...., VOCATIONAL AGRICULTURAL TECHNICIAN QUALIFICATIONS: · High school diploma or equivalent · Minimum two years experience in an agriculturally technological work environment · Good working knowledge of pesticides, herbicides, and plant/animal food supplements · A Florida certified pesticide applicator's license is required or must be obtained within six months of employment · Good working knowledge of the operation, maintenance and repair of buildings, grounds and equipment typical to agricultural operations · Good working knowledge of the care oflivestock and citrus crops . Ability to schedule flexible work hours REPORTS TO: Agri-Science InstructorlLeader Vocational Education Director County Extension Director SALARY INFORMATION: Salary Range: $9.14 - $14.15 Job Code: Pay Grade: 8 DUTIES AND RESPONSIBILITIES: 1. Assumes responsibility for performing maintenance on 640 acres to include land sectioned into livestock grazing pastures, citrus grove, barnyard, lawns, as well as water wells, pumps, fences, canals, and irrigation systems. 2. Assumes responsibility for performing maintenance, repair work and general cleaning; maintaining a high standard of safety, cleanliness, and efficiency. 3. Operates, maintains, and repairs mechanical equipment and facilities including tractors, trailers, lawn mowers and other equipment. 4. Stores and inventories equipment parts, materials and supplies, pesticides and other chemical compounds, in a safe and organized manner. Maintains up-to-date records of all chemicals and pesticides used. ~. '-' ,..", 5. Remains alert to potential safety hazards of equipment, facilities, barns, grounds, and recommends or responds to the correction of such hazardous situations. 6. Supervises student employees; establishes and maintains good working relationships with staff, students and visitors. 7. Assists in the daily care oflivestock and citrus grove within the direction of the Agri- Science Instructor/Leader. Assists the Agri-Science Instructor/Leader with hands-on student activities. 8. Attends workshops as requested to update skills related to job requirements. 9. Performs other tasks and assumes other responsibilities as the Agri-Science Instructor/Leader or Vocational Education Director or County Extension Director. Hiring contingent on the candidate's ability to pass a physical, a background inspection, and a drug test, and candidate must be fingerprinted. ** Option to reside on School Board property adjacent to Agri-Science Farm. '-' ....." CONSENT ITEMS BOARD OF COUNTY COMMISSIONERS MEETINe OS/24/02 FZABWARR FUND 001 001007 001139 001140 001143 001258 001265 001267 001268 001269 001270 001271 001809 101 101002 101003 101006 102 102001 102104 105 " - 7 /001 107002 107003 109 112 120 122 126 138 139 140 140001 140123 140315 140320 160 183 183001 183004 185002 316 316001 382 395 3C)6 '. '-' ST. LUCIE COUNTY - BOARD ...., WARRANT LIST #34- 18-MAY-2002 TO 24-MAY-2002 FUND SUMMARY TITLE General Fund General-Energy Efficiency Fund FHA Transportation for 21st Century Section 112/MPO/FHWA FY01/02 Health & Human Srvcs CSBG FY01/02 TDC Planning Grant FYOO/01 TDC Planning Grant FY01/02 EMPA 01/02 Dept. of Community Affai 01/02 Haz Mat DCA Grant FDEP-Urban Mobile Lab Grant 01/02 DJJ/SLC Mental Health Collaborative DHR-Historical Museum Grant-In-Aid SFWMD-Floridian Aquifer Well 01/04 Transportation Trust Fund Transportation Trust/SO% Constitut Transportation Trust/Local Option Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU FDOT Bicycle/Pedestrian Coordinator Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper Drug Abuse Fund River Park II Fund The Grove Fund Indian River Estates Fund Southern Oak Estates Lighting Palm Lake Gardens MST0 Fund Palm Grove Fund Port & Airport Fund Port Fund USDOT-Enviro Assessment 9l-27R Airport Drainage Master Plan- FDOT FDOT-Environmental Assessment Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court SHIP Housing Assistance FY 01/02 County Capital Transportation Capital Environmental Land Capital Fund River Branch MSBU Capital Lennard Road 1 - Roadway Capital Sanitary Landfill Fund EXPENSES 874,823.55 264,160.95 10,262.89 3,011.61 958.24 50.02- 137.31 2,977.44 7.32 430.95 24,475.00 342.40 108.39 100,124.46 21,517.00 1,340.00 447,257.24 27,768.73 33,383.52 93.81 1,871.43 543,613.45 3,745.72 2,731.32 16.26 400.00 513 . 93 151.66 853.20 110.14 105.52 659.39 25,315.13 2,513.58 9,764.67 2,717.80 8,251.33 2,348.64 822.20 864.18 1,185.14 767.97 41,958.36 2,465.00 57.00 69,174.00 6,050.00 281.,873.23 PAGE 1 PAYROLL 461,796.20 0.00 335.61 8,445.99 943.52 665.81 1,331.62 3,649.34 0.00 1,188.80 0.00 0.00 1,188.80 109,241.03 0.00 0.00 0.00 45,274.09 3,574.90 1,226.40 1,906.13 86,443.95 829.15 1,881.64 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 10,792.30 0.00 0.00 0.00 0.00 2,538.52 4,496.72 1,115.38 2,874.61 1,430.40 0.00 0.00 0.00 0.00 0.00 40,396.36 OS/24/02 FZABWARR FUND 418 421 441 448 449 451 458 461 471 478 479 491 505 505001 611 625 .,-, ST. LUCIE COUNTY - BOARD .....J WARRANT LIST #34- 18-MAY-2002 TO 24-MAY-2002 FUND SUMMARY TITLE Golf Course Fund H.E.W. Utilities Fund North Hutchinson Island Utilities NHI Util-Renewal & Replace~ent Fund NHI Util - Capital Facilities Fund S. Hutchinson UtilitiesFUL~d SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist-Renewal & Replace No Cty Util Dist-Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Law Library GRÞ~-n TOTAL: EXPENSES 27,666.36 85.55 5,159.79 713.59 239.05 763.94 286.54 13,826.28 7,793.83 4,436.12 1,040.41 14,659.68 461,364.07 386.04 8,888.29 541.10 3,371,881.68 PAGE 2 PAYROLL 20,356.60 149.54 2,960.47 1,044.67 995.58 1,805.45 670.53 13,169.43 2,019.51 421. 71 420.91 24,521.11 2,766.66 1,760.03 5,575.91 0.00 872,205.38 · '-' ...." , OS/24/02 ST. LUCIE COUNTY - BOARD FZABWARR VOID LIST# 34- 18-MAY-2002 TO 24-MAY-2002 L~ND: 001 - General Fund CHECK INVOICE VENDOR 00284715 I2219455 St Lucie Co Chamber of Commerc 00284892 I2220150 Harris, Doug PAGE 1 FUND TOTAL: TOTAL 25.00 199.50 224.50 \..--- AGENDA REQUEST ITE'1fNO. C-2a DATE: May 28, 2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Pete Keogh Director, Parks & Recreation SUBMITTED BY(DEPT): Parks & Recreation SUBJECT: Community Parks System Master Plan /Lawnwood Recreation Complex Master Plan Update (Parks Referendum) BACKGROUND: As part ofSt. Lucie County's continuing effort to assess the parks/recreational needs and wants by its residents, the Board of County Commissioners agreed to secure professional services to assist in the development of a "Community Parks System Master Plan" and a "Lawnwood Recreation Complex Master Plan." At the September 18, 2001 BOCC meeting, the Board agreed to contract with Glatting Jackson to develop both master plans. Atthe Board's direction, a "Steering Committee" was also formed to help guide the process, provide input and work with staff by providing feedback. Since the April 23,2002 update, a meeting attended by Trust for Public Land representatives and staff was held to discuss plans for the Parks Referendum and to review a draft of the completed Feasibility Study, the first of two parts outlined in TPL's scope of service. Glatting Jackson submitted the Parks Referendum phone survey results which have been distributed to the Commissioners for review. The Commission MeetinglWorkshop is scheduled for July 1, 2:30-4:30. (Attachments: Updated chronological listing of the Community Parks System Master Plan/Lawnwood Recreation Complex progress). FUNDS AVAILABLE IN: N/A PREVIOUS ACTION: N/A RECOMMENDATION: N/A COMMISSION ACTION: CE: '- Del APPROVED [] DENIED [ r OTHER: Do 9 derson County Administrator Coordination/Siqnatures Originating Dept: Mgt. & Budget: Purchasing Mgr.: County Attorney: Other: Other: Finance: (Check for Copy only if Applicable) Eft. 1/97 H: \Agenda May Park Referendum update. wpd .. ; '-' ...." BOARD OF COUNTY COMMISSIONERS PARKS & RECREATION MEMORANDUM May 28, 2002 BOCC Meeting To: From: Through: Date: Subject: Board of County Commissioners L/J / Linda Brown, Administrative Manager IT t/' Pete Keogh, Director May 28, 2002 Community Parks System Master Plan Update The following is a chronological listing of the Community Parks System Master PlanlLawnwood Recreation Complex Master Plan progress to date: ****:lIi :hlr$1it~¡fíi1i¡J,indiéåte¡,~tItTll¡fl/ll1lL"i;'~~~ " 'g., g, ",,'..' ,,--, ' " ' ,..",,, """" " ..º"",.. ',. ",,' August 8, 2001- Proposed "Community Parks System Master Plan" presentation by staff to the SLC Property & Homeowners Association August 14, 2001- Proposed "Community Parks System Master Plan" presentation by staff to the Cultural Affairs Council September 18, 2001 - Contracts with Glatting Jackson approved. September 18, 2001- Steering Committee invitations mailed. October 9, 2001- Executed copies of Glatting Jackson contracts received from County Attorneys office. October 9, 2001- Work Authorization forwarded to Glatting Jackson. October 12, 2001- Request to Community Development/GIS to prepare a Base Map as outlined in Part I Existing Conditions Analysis 2.4 (Please see attachment). 1 JOHN D. O~UHN. Distric, No, 1 . DOUG COWA~D, Districr No, 2 . PAULA A, LEWI5, Disrricl No. 0 . mANNtE HUTCHIN50N, DlStricr NO.4· CLIFF OA~NE5. DistriCT No.5 County Administraror - Douglas M. Anderson 2JOO Virginia Avenue · Phone (561) 462-1515 · TDD (561) 462-1428 i< - '-' .." October 23, 2001- "Steering Committee" ratification request (Agenda # C-4). October 24, 2001- Kick Off Meeting scheduled with Glatting Jackson & staff (Staff has completed or is in the process of completing Part I Existing Conditions Analysis 2.3 -Review of Existing Documents/Client Responsibilities) (Please see attached status update) Kick Off Meeting with staff and Glatting Jackson was held to discuss plan. Information requested by Glatting Jackson was provided (Status Meeting Minutes Attached). November 2,2001- A follow-up conference call was held with David Kutner and Victoria Zinser Johnson, project managers representing Glatting Jackson and staff to begin finalizing the Community Parks System Master Plan Schedule. November 5, 2001- Staff provided Glatting Jackson with the attached finalized schedule. (Updated schedule attached indicating the two additional Commission Workshop dates). November 9, 2001- Site visits to St. Lucie County's park and recreation areas were completed by staff and Glatting Jackson. November 28, 20Ot-First "Steering Committee" meeting held. Meeting facilitated by David Kutner from Glatting Jackson. (Meeting Minutes & Hand- Outs Attached) December 10, 2001- A Lawnwood Recreation Complex Programming Workshop, facilitated by David Kutner from Glatting Jackson, was held. Representatives from various sports groups and organizations were invited to participate. (Meeting Minutes Attached) January 8, 9,10,2002- Five (5) Community Parks System Master Plan Public Workshops were facilitated by Glatting Jackson. (Meeting Minutes & Summary Attached) 2 .. -¡ \w' ...." January 9, 2002- Glatting Jackson held a planning workshop with representatives from several county departments. (Meeting Minutes Auached) January 16, 2002- The "Steering Committee" met for the second time. (Meeting Minutes will be provided at a later date) January 17, 2002- Staff met with Trust For Public Lands representatives to discuss strategies for successfully getting a bond referendum approved. (Information on Passing a Successful Bond Measure AUached-Additional Information will be provided throughout the Master Planning process) February 1,2002- Presentation on the Parks System Master Plan, facilitated by Glatting Jackson at the "Strategic Planning Session". February 12,2002- Commission Meetin2/Workshop which included a first draft presentation of Lawnwood Recreation Complex Master Plan. February 18, 2002- Telephone survey began (Glatting Jackson). Results anticipated within four to six weeks. February 21, 2002- Mr. Anderson met with Will Abbef!~er, Associate Director for Conservation Finance of Trust for Public Land, to discuss a proposal for technical assistance ref!ardinf! the Bond Referendum. The attached proposal has been received outlininf! the scope of services. The total amount requested for these services is $17,500. Funds are available from the orif!inal $25,000 that the BOCC set aside to be used specifically for the Bond Referendum. March 14, 2002- Recreation Bond Issue discussed at the St. Lucie County BOCC and Pt. St. Lucie City Council Joint Meeting. March 15,2002- Presentation/discussion on the Community Parks System Master Plan at the Citizen Budget Committee Meeting. (Meeting Minutes will be provided at a later date by OMB). 3 ; ....1 .."", April 3, 2002- Staff met with Mr. Anderson to finalize direction for implementation plan. April 8, 2002- Campaisæ:n Kickoff Meeting. (Committee Member List and Meeting Minutes Attached) April 15, 2002- An asæ:reement with Trust for Public Land was sisæ:ned and work besæ:an on the Feasibilty and Public Opinion Research as per the scope of services. (Copy of Agreement Attached) April 17, 2002- A conference call was held between Glattinsæ: Jackson, Mr. Anderson & staff to finalize details for the next Parks Referendum BOCC Commission Workshop. cc: Dousæ: Anderson, County Administrator Robert Bradshaw, Assistant County Administrator Dan McIntyre, County Attorney Millie Deleado, Recording Secretary Chron File 4 ----r' fj V' ...", AGENDA REQUEST ITEM NO. C-2b DATE: May 28, 2002 REGULAR [ I PUBLIC HEARING [ CONSENT [XI TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks & Recreation PRESENTED BY: Pete Keogh Director SUBJECT: Request for release of Recreational Design & Construction's retainage. BACKGROUND: On January 8, 2002 Recreational & Design & Construction (ROC) was awarded RFP No. 02-016 for the lakewood Park Field renovations in the amount of $181,500. RDC has satisfactorily completed the project and are requesting that the County release retainage in the amount of $18,150. FUNDS AVAilABLE: Account No.: 316-0000-205100-7615 (County Capital Retainage) PREVIOUS ACTION: NIA RECOMMENDATION: Staff recommends that the Board accept the project and release retainage in the amount of $18,150 to Recreational Design & Construction. COMMISSION ACTION: X [.,.j APPROVED [] DENIED [ ] OTHER: ENCE: oug Anderson County Administrator Co 0 rd i n at io n IS i a n at u res Management & Budget:~.o 1Y1fYl& _ Purchasing: - Public Works: Other: Finance: (Check for Copy only, if applicable) /' '-' .....J Transmittal Cover Sheet IJRECREATIONAL DESIGN & CONSTRUCTION,INC. Detailed, Grouped by Each Transmittal Number 002-214 Lakewood Park Ballfield St. Lucie County Project # 002-214 Tel: Fax: Recreational Design & Construction, Inc. Date: 5/13/02 Reference Number: 0004 Elaine Woociker St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 Tel: 561-462-1514 Fax: 561-462-1940 Steve Westervelt Recreational Design & Construction, Inc. 3990 North Powerline Road Fort Lauderdale, FL 33309 Tel: (954)566-3885 Fax: (954)566-3335 D Acknowledgement Required Submission, Approval Hand 001 3.0 Final Application and Certificate for Payment for Period from 03-5-02 to 04-10-02 Releases of Lien Pending Approval 002 6.0 Y:f ~t!J~Ll1V¡1~ ;j11" ¡?t'JÜ~)ti .~~ iu, '&{-¡*H l 1\'(*',( , ~ ~ x~ Signature 5/t3/t:;.. I 'Signed Date Prolog Manager Printed on: 5/13/02 ROC Projects Page 1 '-" ~ -"'" - I ¡g[ RECREATIONAL DESIGN &. ., CONSTRUCTION,INC. Submittal Transmittal Detailed. Grouped by Each Number 002-214 lakewood Park Ballfield 51. Lucie County Project# 002-214 Tel: Fax: Recreational Design & Construction, Inc. Date: 5/13/02 Reference Number: 0002 Transmitted To: Elaine Woociker St. Lucie County Transmitted By: Steve Westervelt Recreational Design & Construction, Inc. 3990 North Powerline Road Fort Lauderdale, FL 33309 Tel: (954)566-3885 Fax: (954)566-3335 2300 Virginia Avenue Fort Pierce, FL 34982 Tel: 561-462-1514 Fax: 561-462-1940 10 0005 - - 0 Landscaping - Southem Seed Certification Association, Inc. - Certificates Pending Approval Approval Hand 001 SSCA Certified Grass - Bermuda - Certificates No. 23872 002 SSCA Certified Grass - Bermuda - Certificates No. 23874 003 SSCA Certified Grass - Bermuda - Certificates No. 23875 004 5SCA Certified Grass - Bermuda - Certificate No. 23876 005 SSCA Certified Grass - Bermuda - Certificate No. 23879 006 SSCA Certified Grass - Bermuda - Certificate No. 23880 007 SSCA Certified Grass - Bermuda - Certificate No. 23884 008 SSCA Certified Grass - Bermuda - Certificate No. 23885 Prolog Manager Printed on; 5/13/02 ROC Projects Page 1 009 010 '-' SSCA Certified Grass - Bermuda - Certificate No. 23886 SSCA Certified Grass - Bermuda - Certificate No. 23888 ..., Submittal Transmittal Detailed. Grouped by Each Number ~.. c... ./ ...~// 5j¡~!o:( / I Slgnèd Date Prolog Manager Printed on: 5/13/02 ROC Projects Page 2 9545663885 RDC/JC CERRONE '-' 618 P01 "'-" APR 11 '02 07:52 ~'S I'tlIAL RIln'....z 01' LUll COtlN'I.'l' OF PAtN\.. B.WH Tr,e un<lec"1.;ne,, furnlshed aervl·;.,,,, l~""r. materid. .,: supplies in o:~nnection ",nil en. f.:>ll.,win~ ~,ubli'; ;~:'rk: Lakewood Park ~02-=l4 01-002-214 1,. ·,.¡hi·;t, R&CIU!A'rtC»Ut.L I).SIGN J\NI) COllsnucrIoN nIl:. "'~. t.h.. .~"n"r~l ;.,ntu,;t',r. The underai,.ned NkMW!edges that. it. or he has r..::eived paYMent ~AID IN ruLL for sUOh ~~rv1ee$, labor, materials ot suppl1es, and d~.s hereby release ~nd s~tiafy all 11ena, lien right., claims ..r dem"nds whata·'Ever ",hi<:h the undenlgn"d now has or mlght haVe ag~1n.t ehe Clty of or tne :.....ntral'tl'r 1.n cl')nnel:ti<:ln with the above described publ1c work. :Lt.:I W WITNESS W~!I\E-:':. this in"~r,.¡ment is .:·:e,:ut~r.I !n t.he name oj the undersi.;ned and undee lea seal by pr·,pec 'J£U,;'"". t~.c~ th.. fL. ~"y "f APRIL _' ..::L oo.~. SIGN£O. SEALED ~r DELIVERED !n t.he preaB~ce ?f: J. J , -I, " I ¿Ø¡iJ;:;: H~vtRLANO BLACKROCK COR~ .'!ñT£ O~ n~: exact. name of concern furniShing services, labor materlals or auPP:les rl ~ ~ BY~~ name of peeson ..gnin9 Tltl eJA.-EsU) l::.'-.(f\ whet.het Pres1dent, Vlee Pres1dent, ~Qle propriGtor ~< partnQr ·:OUNfY OF R\ M. .ße.o...dA : ~efore me the un.;j..r~i.~".; Notary PuDl!o; pers.,nalll' appeared: !3l.o\.........de \) 71- ~C/t-V..}ad .rt,.;> a' the proper ·.'Hi:e~ ,,,,,.:uted the f.:>re90tno; Rltlelse .;¡f L1en foe and on b'lhd f oof the .,tnon ·,r :-:·rp·alÜ.,n flJm1et,irq 4,,(v1:es, 111o~r, mat.rllls or 8uppli..s, 3nd he .ckno",1~d·3~ bef.,r.. me that he ~:;::'J·:ut~.;I !I.!Ne f~'r htt" pl..ll'P·;,¡:¡It;¡ th'it.;eiil expce.s;ae:5. IN ;.IIT:1E;;:; WH¡;kE0E' ! h..lV'l t,ereur,to ~hla the J ¡ .:by of kp Y; \ : 3t"l. 1 set .I~i har,.;j and ..:lffl-=ial notarial seal ;,t 200~ ~AAJ1 NC'tHY Publi·: :'1, C..Jmmi3si·Jn E:'q:'1 f';~: $':"~'"v}. l"'~ I..O¡¡Slance Lei h À_ -'!r, - Co '. nute~ ª'!I .~ ..mll\ aalOn # o~ BUUO ~"'" lid'", LlCplroa Feb 21 ·;,fO't\(fff..-..... Boa" 2003 '.,,,.,, Atlantic Boded Thru nding Co., lno ~¥~ '-" ..., SUBCONTRACTOR'S PARTIAL RELEASE OF LIEN COUNTY OF The undersigned furnished services, labor, materials or supplies in connection with the following public "d·:"rk: Lakewood ?ark 002-214 01-002-214 i~ whiçh RECREATIONAL DESIGN AND CONSTRUCTION INC. was th~ gener31 co~tra~tor. The urldecsi9r1ed .3':~:r;(,......ledqes that it. or he has re,:eived payme;-¡t in the services, :,3bor, ~3te~ials 'Jr supplies, and does hereby release and satisfy ~'r demands whatsç,ever wh~':h the undersigned now has or might have against :·:;.ntractoc in-::onne<:ti,:)n with the above described public work. amount 0f $l'~.OI:¡ for such all liens, lien ri9~'(s, .-:lairns the City of çr the i.':.5 IN WITNESS WHEREOF, this instrumentl.?:s e:-:ecuted in the flame 'Jf the 'jndersi';jned ard ur¡der its seal by pcop"r ,:ffi:<ers, this the It '-V.L . day of PrP1? 1 L ~ùO"d- ANC DELI'IERED ,.)f: BIG D ?AVI~h3 CO/,-lPAtr,' It~,: e:o::a-:t /lces, lab:·c By Title of p~ siqnir:r;ì .P:~ w;-¡ether Preside;-¡t, ì/i',::,::;> Pr<:si.jerlt, s':,l~ proprietor or partner ...='!',:'.TE Of ¡:: l Ofl, 81'=\ ÝAun &NJI-- :OUN'!"j,' (I t Eefore me the undersiQned Notary Public personally appeared: ~ Q. tJJt+ll1.::;" ~~,~ 3S the pr'Jper )ffi':~r e;(e':uted the foregoin'J Release "f ~ien for and (,n behalf 0')[ t~e f,ersç~ or :"':'q>:.r.-.:¡t.i,:-.n furnishirJ'J 2,=rvi'::es, labor, materi3.1s .:.( supE=,lies,3nd he a':krl'':Mled'J¡:;>,j bef':,:.-e me th;¡,,: he ~:':'?,::ut~d s¿¡me f,:·[' t·,t!': puq::":'S€$ therein expresses. IN WITNESS WHEREOF r have h~reunto set my hand and offi~ial n,)t~rial seal éhis the II t-h_ jay ·of A-f-t.\ L 2002 'SEALI LJ;~~, tJ ~'~ 1':y Ci)mmis3 i.=·n E:q::·i ("-23: ~",.. úe LeTlCIAGAOORlGUEZ O~~('l ,. COMMISSION NUMBER <l" CC968371 "Y1:- # MY COIotMISSION ElCPI_ OF f\.O OCT. 10 2004 '-" ..."" SUBCONTRAC'I'OR'S FINAL RELEASE OF LIEN COUNTY OF B .f2.ùt.ù It t?. ~ The undersigned :',,::,-:--,ished services, labor, mater:als ·::,r supplies ir! corlne,:ti':'f¡ '....itrl th-= f:::,11:.win9 p'.Jbli,: work: Lakewood Pad: (JI):-214 01-'J02-214 cr, which RECREATIONAL DESIGN AND CONSTRUCTION INC. was the general contractor. The undersigr.~~ 3,:knowledges that it or h~ h35 re~eived payment PAIJ Irs FULL .~el·viçes, 13.t..:,r, n.:t":::..t:ij;:s ,:,r supplies, and d,,:,es ¡-.ere-by r..::-l<:>.:L3e and s-3tisf:./ ,,11 1i-:-:-,3, .:·r demands Wh3t.S'-':~·.·~:: ',..;;-,:::h the undersigned n,:,\.¡ has ,:·r mi<:;¡r.t have a'J3ir;s: tr¡'.: :i t~· :,:--rltract':'l' in ':;':'1':;'."': -.~ ':"':'f, ',·,¡'it~¡ the above des,:ribe,j put-Ii.: w:'r~:. f':'L" su·:h lie'l t-i':Jht:s, ·~l:J inl:;; ·:'.r r:h~ IN WITNESS ~¡~E;SOF, this instrument is e;~~cuted in th~ name o! the IJndEr3ig~ej 3~d under its seal by l ts pE'per .offiç~l3, this the / 7_ -t::11 , doy cof A(.),2 l 1_ , ~-z...- .. , 3IGNED, 3E.:"':.SD ;'JìC ::E:"I'/E~E[ in the presence c~: cmlSTRUCTIOH ':O¡'¡,õI;LTANTS s:,r,inJ V.J. rtCJJ¡J,¿E Ti tIe 7/2e- <" I 7) to; ¡...)-r whether ~re3ident, Vic~ President, s'Jle proprietor or pa~:n~r furrli3hing SEr'ii·::es, l:it,,:,r ST,'ITE OF rLO/lI"DA ßfOlDA¡?ò :OUNTY OF E'efore me the Ijn·j;:-rs~'.JLe.j N,:,tary Public pers,.:.ridlly appear,,;,d: ',.¡h·::· as the pr'Jt=,er :,Efi,:-el- e:.çe,:-ute.j the f'Jre'~c,in9 Release ·:,f Lien f':\1:" a.nd Of¡ b,,=half ':":,:c the pet"3r:.n ::·rç-,oratj·:;·r; f'.JriÜ.::~,irl'~ 3~rvi':es, laboc, materials ,:.;.' supplies, and he a,:"kr¡.:,ltl:l-::,j,:;¡ed bef,:·re me th3t. ,:;,:·:e":l.lted s'tnle f·:·r r,~E: ¡:":.Iq:")s<?;~ thereií¡ e:.::presses. V· l FiLADt<£"" ,)r he IN WITNES3 WHE~E(lF : have hereunt0 set my hand and offiL:ia1 ,his th~ \1,.- ,j3/ ,:·f ISEAL) n,,:.tari::t1 3",=a1 at ELJ-4() þ~ M4.~ , ArILIL ;;00 () .. 20')2 Cì~L N,:'tary 1?ubli·: ~¡y ~'Jmmi2si:n E:·:~~[~3: '-" ~ SUBCONTRACTOR'S FINAL RELEASE OF LIEN COUNTY OF Broward fhe undersi'~ned fur~~shed services, labor, materials or supplies in ~onne·:tic,~ with the following public work: Lakewood ?ark 002-214 01-002-214 ie, which RECREATIONAL DESIGN AND CONSTRUCTION INC. was the 'Jeneral C')nt:3,:t~r. The undersiqr.~<:j.c~:n,..)wledges that it Qr he h3s received payment P.i:..ID Hl FULL services, labor, n.3t@ci31s or supplies, and does hereby release and satisfy all liens, '')L" demands whatso:·e:er whi·::h the undersigned n,:.w has or might have against the City ~0ntractor in c~n~~;ti0r) with the above described public ~)rk. f''Jr su·:h lien rights, of or the c13irns IN WITNESS ~~S~EOF, this J.. ...:' prq:·er ff1'-:'=1"s, thi;;; the instrument is e~;~cJted in the name of the ~~d~r3~';ned and under it2 seal t~· 1 ?t"n , day ·:·f Apri 1 2002 ~I~NE~, ~E~i_ES At:: :EL:VERSD in the pres~nc~ :·f: S7:j¡JEF.. ~ A.S30CL~.TES IrK:. ~~, .~ ~" . ''-''', ~ - ~ VJhZfd2.~u~ (~'tJ7- . _____ exact name of ':0n~ern furnishing services, lab~r materials ~r sup~lies By James D. Stoner name af pers·)n signing Title President whetr;'2:- EJcEsiden:., Vi,-:'2 F're~i':J.,=r'tl 3 :,l-=: prðpri~t0c or partner ST!\TE or Florida IN WITNESS W~¿~~I:IF : h~ve hereunto this thoo 12thò;y ,,·f April (SEAL) set my h~nd and offi,:ial .2002 rl·:·t..:lrial rS':'fl ",r that. rLI7 X'UNTY or Ji.row~rd Bef'Jre me the unj~r~i'~nGj Notary Public persc'nally appeare,j: ,¡.-¡':' 3::-3 th~ pr':'f:'~:' .,ffL::~l: e:-:e':uted the füre'J·:·ir¡.;¡ Release ·:·f Lien f,.:.r ·:¡r..j ':,r. bE:-h.3lf :o·:.q:n:'l'atic·r¡ fU!.:Ll.'~liri'~ 3ervi·:es, labor, nlateri31s L'r sUF'~·lie;3, and he .;¡-::':r,,:,\t.fll7'·j';Jer '-?:·:ecuted S::tme f,-:.·r r:t"? PI.:q::-c,ses therein e:·:presse..::. '. I)' 1"'\_ 0.1. :-'!y CommlSSl,)n Exç' . I. J.Ja,_U DGI6 ~ c-mr-. CC Sl672O'I . E:I¡trM Ol.t. 27.DI BaøIId .. A!1aalIIl .... 01., ~ Dawn Sal Not,3ry Pljt.lir:r 9545663885 RDC/JC CERRONE '-' 604 P02 APR 10 '02 14:21 ...., llTJBCOll't'RAC'1'OR'S FI)IAL ~. 01' tUN Sf; LGfc.i ~ COUNTY 01' The undersigned eurnlsh~d se~Vlçes, l~bor, mat~rials or supplie~ in connec~ion wlth the following public ""-:'lek: , ~akewood park 002-214 01-002-214 1" which RIICRZA'l'IoNAI, DESIGN ANI) COWS'l'Rl1C'r:row :nre. Wall tr... gener~l con~ractor. The undeesigned aOknowledge.. ~hal; 1t or he has received p"ymen~ E'AID IN E'ULL foe such setv1ces, labor, matp.eials oe supplies, and does hereby release and lIatisfy all liens, lien rights, claims ~r demands whatsoever which the undersigned now has or might have "gains~ the Ci~y ot or the ·:,jntractor in connGction with the above described pub11c work. IN WITNESS WHEAEOF, ~hls 1nstrument is executed in ~he name o~ ~he ~nder..igned anš ~ßøe. ~\ð saal by i~a proper ofUcers, thi.. the I C) rJ, , day of H,r,/, i I ~D (J '2 v SIGNED, SEALED AND DELIVERED in the presence of: jJ,~(//{/Ø~ ~ MUSCO Z.IGHTING exact name Ill.At ..<'1 ..ervice., lat>or By Ti~le Pres1de:::nt, sole ST."TE OF ~ ('1.1 '0 . ':OUNTr or ffi.(·<X\C\ S ~ SHore me the under~l..ned NO~ðrY Public personally appeared: C \Y'\ :( -Ìû'0'r-.Lï '.1'1., aa tl'le propet ·)ffi":'H' e:tecu~ed the foregoing Release of L1ell foe and on bo!:half 'o"rpora~(on furnlstlill'~ serVices, labor, ma~er1al8 Or supplies, and 1'1.. acknowledqed ~x~cute~ ~Gm. fo~ ht~ purpo~es thereln .xpres.... ~ \1 \ Of\.(J oof the pers"'" or before me thÐ~ he IN WITNESS WH~REOr r h~ve hereunto thl~ the \ () ..:lay .,f '~'Ç>( . \ (3&."1.1 se~ my hand and off1clal no~a rl ill Ileal at C).,- k'ß- \'1)(:'-3,'.0 J;'+ 2002 . ~~¿k¿'nlf! Notary PUÞltc " My Ç"mmi3.i 1,)n Exp L t"'!S: 'il RHONOA LONG COMMISSION NO. 128688 flY COAIJIISSION ÐCNE8 '-' ...., SUBCONTRACTOR' S PlIRT IAL RELEASE OF LIEN COUNTY OF ~. Lv<-;~ The undersigned furnished services, labor, materials or supplies in connection with the following public work: Lakewood Park 002-214 01-002-214 in which RECREATIONAL DBSIGN AND CONSTRUCTION INC. was the general contractor. The undersigned acknowledges that it or he has received payment in the services, labor, materials or supplies, and does hereby release and satisfy or demands whatsoever which the undersigned now has or might have against contractor in connection with the above described public work. amount of SlO.OO for such all liens, lien rights, claims the City of or the IN WITNESS WHEREOf, this instrument is executed in the name of the undersigned and cnder its seal by its proper officers, this the \0 , day of l¡~, 'Lno ') '1 SIGNED, SEALED AND DELIVERED in the presence of: Title urnishing services, labor President, sole STATE OF ~ \O(\q,fl ~vl ~cl COUNTY OF Before me the undersigned Notary Public personally appeared: who as the proper officer executed the foregoing Release of Lien for and on behalf corporation furnishing services, labor, materials or supplies, and he acknowledged executed same for hte purposes therein expresses. c::t-w~ ~\~ oof the person or before me that he to WHEREOf I have hereunto set my hand and official notarial seal day of ....... ....._,'"- . . _ 2002. ........" ~~ ,t "'tJ"-'f' ~ ~\)~ IN WITNESS this the (SEAL) My Commission Expires: PAULA JONES-WAUŒR ca"tSSION' CC920S02 ONES MÞI. 20 2004 1CIClSI1lClUllIl --- ¡:: 'M ..... 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EA 000 000 000 0V'lV'l .".00 0\'\Ó\Ó I'M \0 10') ~ 10') z o ~ 0:: ~ '" w '" 0:: w j ~ ~ ~ ~ ~ ~ tl :;2 o ::i u ~ ... - :I: w 0:: I- 0:: t; 0:: 0 w « 0 ...l '" ell '" N M ..., o o o 10') o o o 10') ~ o o - o o o o ":- - 00 .... 10') o o o (,;<7 ~ õ o 10') N Q) 01 III 0. o o o o ":- - 00 - ~ c::> o Q Q or~ - QO - lA :;;! b E- 'P' ~ ...., AGENDA REQUEST ITEM NO. C-2c DATE: May 28, 2002 REGULAR [ l PUBLIC HEARING [ CONSENT [Xl TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks & Recreation PRESENTED BY: Pete Keogh Director SUBJECT: Request to go out for bid to purchase an emergency generator for Thomas J. White Stadium, approval to purchase generator, approval of EQ# 02-221 and BA # 02-135. BACKGROUND: The current emergency battery powered house lighting system at Thomas J. White is inoperable. This lighting system is necessary to evacuate stadium seating in the event of a power failure. In addition, Thomas J. White Stadium will be used as an emergency staging area by several agencies including the Red Cross, FP&L and the City of Pt. St. Lucie's Small Animal Shelter. The emergency electrical system needs to be upgraded as per the attached memorandum to adequately meet the necessary support criteria. The estimated cost of materials for the upgrade will be $40,000. In-house staff will be providing the labor at a cost savings of approximately $10,000. FUNDS WILL BE AVAILABLE: 461-75201-564-000 (Sports Complex Machinery & Equip) -'loo PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board give approval to go out for bid to purchase an emergency generator for Thomas J. White Stadium, approval to purchase generator, approval of EQ# 02-221 and BA# 02-135. [_~J APPROVED [ ] OTHER: [ ] DENIED RENCE: COMMISSION ACTION: oug Anderson nty Administrator ~ / / oQ County Attorney: f· Originating Dapt' ~ t Coordination/Si qnatures Management & Budget: 'y Ih~ Purchasing: Jl{2 , Public Works: Other: Finance: (Check for Copy only, if applicable) _ ñ " ....." f Parks and Recreation Department Memorandum Subject: Pete Keogh, Director Nelson Parrett, Master Electrician, Parks & Recreation Dep~ ~ Cost Evaluation, Emergency Electrical System, Mets Stadium To: From: Date: April 25. 2002 Scope: To install emergency generator system complete with all equipment necessary for three (3) days duration to provide the following electrical service under utility power out conditions: Standard emergency lighting, County office and media room power and lighting, Mets office power and lighting, entrance lighting, Mets locker room lighting, visitor's locker room lighting, basic house circuits, control circuits, and communication board. Items to purchase: cÞ s& .) 85 t<YV p;:¡dmount genset, propane driven, w/automatic transfer switch De·livered to location $20,235 3 - 300 V manual transfer switches 2,500 1,663 1,191 2,038 1,816 $29,443 Vendor installation of 1000 gal. propane tank and plumbing Incandescent fixture package for instant emergency lighting response 45 't<:VA step down transformer, Primary switch and lugs 3 - 600 V manual transfer switches Miscellaneous hardware, isolation switches and raceway materials, cabling contingency Total $10.557 $40,000 ~. , v '-' BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Parks and Recreation PREPARED DATE: AGENDA DATE: 05/17/02 05/28/02 '.., "-;~~<:';'l~~/~I:k' ~ åC.CPl.lNJ'~ TO: 461-75201-564000-700 Machine $40,000 FROM: 461-9910-599300-800 461-9910-599310-800 Reserves $31 559 $8,441 Ad'ustments Reserve REASON FOR BUDGET AMENDMEN" To urchase the emer enc electrical stem for Thomas J. White Stadium CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: 'f 02-135 G:\Budget\QUA TTRO\GENERAL\FORMS\AMENDM02.wb3 ;. \" " 'wi frl frl .....~ CI) CI) I..,.,.. i '5 S Sl' à ~ ~Ij .- 0 ü- '. Q) E · :5 ::;¡ "0"0 Æ~ c: ~ ClI 0 .. ..J E GðQ) ,¡ It E c 0 ~ "0 lI ' Q) ~ ::2: lI "5 ,~ e c Ü~ g · "0 tIl "l- .. Q) Q) \0 1t:5 It) .. , Q) ... .... :5 Q) c 0 I· 0lCl. C\ r::t: ~H .5; ãl ~ CI) CI) "0"0 , W ~ ~ ~ -5~ .... ZN \0 "I- 09 .5; Cl. -.... .:.: l/Ì::;¡ 00 ~'j Q) Q) 00 ·ù ..Q -N :E c: 0 ::Er::t: Q)- ::E<c ~ .'..~ 2'~ Ow ctf _ ClI ó:: u>- ..J e..c:: ö lh ~i5 W ~...I · Q) ~ CD W 0:., lI E :E z<c 0 ~ .... S.s! :;) =»u z ë z O~ W w ClI§2, W ~~{ .... ULL :E > ~ lI z :E 0 a!: " ClI(¡j :;) LLr::t: 0 0: ~ Ol.g 0 O~ 0 D.. 'ä (j 0 W ~ w·; 0 CI- a: a:;1 ClI-S! ~ !iiæ --= /~ ~Q) >,~ o c: O=» I 5' c: Q) r:a0 .' Q)~ ~~ ~Q) 1-- E E . 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C-3,4- DATE: May 28, 2002 REGULAR [ l PUBLIC HEARING [ l CONSENT [xl PRESENTED BY: (~~~1~,~~ County Engineer TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 SUBJECT: Professional Engineering Services Construction Management BACKGROUND: On May 23, 2000, the Board approved consultant agreements with American Consulting Engineers, P.L.C., and Keith & Schnars, PA to perform construction management on a continuing basis for a period of two years with an optional one year extension. FUNDS AVAIL.: n/a PREVIOUS ACTION: December 14, 1999 - Board approved advertising for RFP's. May 23, 2000 - Board approved the ranking and consultant agreements with the top two firms. RECOMMENDATION: Staff recommends approval of the one year extension to the consultant agreements for construction management with American Consulting Engineers, P.L.C., and Keith & Schnars, PA, and authorize the Chairman to sign. COMMISSION ACTION: CE: ~ APPROVED [ l DENIED [ l OTHER: [x]County Attorney ðt' Coordi nation/SiC! natures [x]Originating Dept. Public Works 1 construction mgt renewal.ag []Mgt. & Budget [x]Co. Eng~v\, [x]Revenue Coord~ []Other .' '-" ..., AMENDMENT TO MAY 23, 2000, CONSULTANT AGREEMENT BETWEEN ST. LUCIE COUNTY AND AMERICAN CONSULTING ENGINEERS, PLC This Amendment to the May 23, 2000, Consultant Agreement is made this _ day of ,2002, between ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, hereinafter called the "COUNTY," and AMERICAN CONSULTING ENGINEERS, PLC, or his, its or their successors, executors, administmtors, and assigns hereinafter called the "CONSULTANT": WHEREAS, the parties entered into a Consultant Agreement on May 23, 2000, wherein the Consultant agreed that the work to be done under the Consultant Agreement was to provide professional services, and WHEREAS, the parties desire to amend the Consultant Agreement to exercise their option to extend the Consultant Agreement for an additional one year from May 23, 2002 through and including May 22,2003. NOW, THEREFORE, the parties agree as follows: 1. Paragraph Four of the Consultant Agreement shall be amended to read as follows: 4. TERM Unless terminated earlier as providedfor herein, the one (1) year extension option is hereby granted and the term under the Consultant Agreement of May 23. 2000, shall begin on May 23, 2002, and is hereby extended through and including May 23, 2002. 2. Except as amended herein, the remaining terms and conditions of the May 23, 2000, Consultant Agreement shall remain in full force and effect. 1 ;" \.f- ....." AMENDMENT TO MAY 23, 2000, CONSULTANT AGREEMENT BETWEEN ST. LUCIE COUNTY AND KEITH & SCHNARS THIS AMENDMENT TO MAY 23, 2000 CONSULTANT AGREEMENT made this day of ,2002, between ST. LUCIE COUNTY, aPolitical Subdivision of the State of Florida, hereinafter called the "COUNTY," and KEITH & SCHNARS, or his, its or their successors, executors, administrators, and assigns hereinafter called the "CONSULTANT': WHEREAS, the parties entered into a Consultant Agreement on May 23, 2000 wherein the Consultant agreed that the work to be done under the Consultant Agreement was to provide professional services, and WHEREAS, the parties desire to amend the Consultant Agreement to exercise their option to extend the Consultant Agreement for an additional one year from May 23, 2002 through and including May 22, 2003. NOW, THEREFORE, the parties agree as follows: 1. Paragraph Four of the Consultant Agreement shall be amended to read as follows: 4. TERM Unless tenninated earlier as provided for herein, the one (1) year extension option is hereby granted and the term under the Consultant Agreement of May 23, 2000 shall begin on May 23, 2002 and is hereby extended through and including May 22,2003. 2. Except as amended herein, the remaining terms and conditions of the May 23, 2000 Consultant Agreement shall remain in full force and effect. 1 " - ;~'-~' AGENDA REQUEST IT~ NO. Uß DATE: May 28,2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): Enqineerinq SUBJECT: Approval of Amendment NO.1 to Work Authorization NO.8 to the Agreement for Continuing Professional Engineering Services with LBFH, Inc. for construction and management engineering services during construction ofthe wastewater improvements forthe Treasure Cove/Ocean Harbor South MSBU Project. BACKGROUND: On March 24, 1998, the Board approved Work Authorization NO.8 with Lindahl, Browning, Ferrari & Hellstrom, Inc. for Engineering Design Services to provide wastewater improvements to properties within the Treasure Cove/Ocean Harbor South MSBU. FUNDS AVAIL.: 390-411S~563005-3801 Treasure Cove/Ocean Harbor S MSBU Capital Proiects PREVIOUS ACTION: On February 24, 1998, the Board created the Treasure Cove/Ocean Harbor South MSBU and authorized the County Engineer to proceed with the engineering design and permitting of the project. On March 24, 1998, the Board approved Work Authorization NO.8 with Lindahl, Browning, Ferrari & Hellstrom, Inc. for Engineering Design Services to provide wastewater improvements to properties within the Treasure Cove/Ocean Harbor South MSBU. RECOMMENDATION: Staff recommends approval of the attached contract (Work Authorization) to the Agreement for Continued Professional Engineering Design Services with LBFH, Inc., in the amount of $19,200.00 for construction and management engineering services, and authorize the Chairman to execute the Work Authorization. L - ,." ,.. ':;.. "'" COMMISSION ACTION: íl APPROVED [] DENIED [ ] OTHER: Coord ination/S i llnatures [X]County Attorney [X]Public Works Dir [X ]Finance ~ en ¡,../J /tIÞv- [X]Co. Engl [XjUtil Dir: msbulna 1 alag-eng3.wpd .., uglas Anderson ounty Administrator [X jMSBU Coor f.P [X JOMB: ~ IY/Jtrltj '" ....., AMENDMENT NO. 1 WORK AUTHORIZATION NO.8 Treasure Cove/Ocean Harbor South MSBU Construction Administration Services Contract No. COO-03-234 Pursuant to that certain Agreement for Continuing Engineering Services (the "Agreement") between St. Lucie County (the "County") and LBFH, Inc. (the "Engineer") dated March 14,2000, and as Amendment No.1 to Work Authorization No.8 (COO-03-234), dated October 24, 2000, Engineer hereby agrees to provide professional Construction Administration Services under the terms and conditions set forth in Exhibit· A", attached hereto and made a part of this Work Authorization. Except as amended herein, the remaining terms and conditions of Work Authorization No.8 shall remain in full force and effect. IN WITNESS WHEREOF. the County and the Engineer have executed this Work Authorization Amendment No.1, effective this_ day of , 2002. ATTEST: ST. LUCIE COUNTY. FLORIDA By: DEPUTY CLERK COUNTY ADMINISTRATOR APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: LBFH, IN::- ..~ By: .~t1;/ &M= Print Name:t:Ç;rÓ71' /I. &/c/¿é!2 Title: VI ¿r; f;Ze:S//l(?l·1 C?5.dMNt.Å ~ {J.¿~haetU· ClbrJÎlÅl ~~tQ~ g: \atty\agreemnt \work.aut\lbfh TCOHSMSBUCASla.wpd /. . .. " l!2f11 ~ Exhibit A Scope of Services Treasure Cove / Ocean Harbor South MSBU Construction Administration Services SECTIONS 1 - SCOPE OF SERVICES LBFH, Inc. (Engineer) will provide the following services to St. Lucie County (County) in accordance with applicable sections of the Agreement for additional professional services needed because of construction: Perfonn services during construction including attendance at the pre-constr.,lction and progress meetings, ~itè visits, certifications and record drawing, and uther office I field engineering services. " Phase 60 I 640 - OfficelField Engineering Services During Construction: Pre-Construction Meeting: LBFH shall conduct one pre-construction meeting with SLCD, the contractor, and other applicable agencies and public utilities prior to the commencement of construction. LBFH shall issue plans for construction to the contractor at this time, and meeting minutes following the meeting. Progress Meetings: LBFH shall conduct routine progress meetings during the construction duration period and provide meeting minutes. The frequency of these meetings shall be detennined after construction commences. Design Clarifications: LBFH shall provide the contractor with clarifications concerning questions about the contract documents and/or the construction plans. Shop Drawings: LBFtI shan review shop drawings for the improvements as indicated in the approved Plans and Specification. The shop drawings shall be forwarded to SLCD for their review and approval. Review Contractor's Pay Requests: LBFH shall review pay requests as submitted by the contractor. LBFH shall verify the quantities as represented on the pay request and make a recommendation to SLCE to proceed with the payment as requested, or as modified based on LBFH's review. The contractor may submit pay requests up to one time per month'. Review Change Order Requests: LBFH shall review change orders proposed by the contractor and shall provide recommendations to the SLCD! SLCE for approval or denial. P;\96-07S I\SDC COQtrnt1 An.:OI,\IIIC'QI.Joc P~eltlf4 Tre:J.Su1"C Cove I Ocelln Hubor South MSBU ... I!e.f ~. --~ - - .... Phase 66/ Task 660 - Site VisitslProgress Inspedions LBFH shall provide construction observation services, arid shall make site visits to observe the construction of improvements such that an engineering certification can be made regarding the construction of the proposed improvements and to answer requests for clarification by the Contractor, or St. Lucie County. This estimate assumes that LBFH shall provide limited project representation by being present at the site at intervals appropriate to the various stages of construction averaging: 4 hours per week for the first month; 3 hours per work day,S work days per week, for the next 3 months; 8 hours per week for the last month (assumes 120 days to substantial completion, 150 days to final completion from Notice to Proceed with the work). The purpose of the project representation is to provide construction observation of the progress and quality of the construction work, and to determine, in general, if the construction is proceeding in accordance with the contract documents. The services provided are not intended to relieve the Contractors [rom their complete responsibiìity for the means, methods, sequence of construction and construction site safety. LBFH shall notify the County of observed permanent work which does not appear to substantially conform to the contract documents, prepare a written report describing any apparent non-conforming permanent work and make recommendations to the County for its correction. Should construction observation be required beyond the twenty week duration, these services will be considered Additional Services and compensated as such; The Contractor shall notify LBFH of all tests and installations which would require the presence of LBFH for engineering certifications as required by the various regulatory agencies with jurisdiction over the project (i.e. pressure tests, lift station start-up, etc.) LBFH shall coordinate when a County inspector is required. Phase 70 /700 - Certification and Final Inspection: Final Inspections: LBFH shall conduct a construction observation visit to determine if the project is substantially complete, and a final construction observation visit to determine if the project has been completed in accordance with the approved Plans and Specifications and in a manner satisfactory to provide the necessary certifications. All remaining cleanup and completion items will be noted for the contractor's completion. Certifications: LBFH shall submit certification applications to the necessary regulatory agencies, including the required supporting documentation. Record Drawings: LBFH shall review the record information submitted by the Contractor and the SLCD representative. Record infãrmation will be based on field measurements and survey information provided by the Contractor and by the SLCD representative. Record drawings shall identify changes made during construction and indicate record information required by the regulatory agencies. Based on this review LBFH will prepare record drawings of the project. P:\96-01S l\SOC OmmM:t AlI~ndn~Il{.OOc Page 3 H( 4 Tre:lSure Cove J Ocean Harbor South MSBU " ~ '-' AGENDA REQUEST ITEM Nö(C-3C DATE: May 28, 2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: ~~~1'p~.~ County Engineer TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): ENGINEERING DIVISION 4115 SUBJECT: Hidden River Estates Stormwater Improvements Additional Services - Work Authorization No.6, to the Agreement for Continuing Professional Engineering Services with Hazen and Sawyer, P.C. BACKGROUND: The Hidden River Estates Subdivision is located south of Prima Vista Boulevard and east of Floresta Drive, along the North Fork of the St. Lucie River (see attached location map). The subdivision consists of three streets and contains 64 single family lots. The subdivision is surrounded entirely by the City Limits of Port St. Lucie. A localized flooding problem exists within the City Limits along Forgal Street near the entrance to the Hidden River Estates Subdivision. A section of the road is under water during and after rainfall, which creates a safety hazard for the motoring public. At present, the only drainage outfall for the troubled area is through the Hidden River Estates Subdivision. Channeling more water through Hidden River Estates is a major concern, as the subdivision also experiences flooding during heavy rainfall events. Hazen and Sawyer, as authorized by the BOCC on May 26, 1998, has developed a plan to alleviate the flooding within Hidden River Estates as well as the troubled area within the City Limits. The plan includes modifying the drainage outfall within Hidden River Estates, redirecting some of the stormwater runoff from the City away from Hidden River Estates, and purchasing vacant lots within the City Limits to be used as stormwater retention areas. The cost estimate for construction is approximately $250,000. We have received $95,000 in grant funding through the St. Lucie River Issues Team. Staff has met with the City's Public Works Staff and discussed the plan and cost estimates. It was agreed that implementing this plan would benefit both the City and County and should be a jointly funded project. In addition to providing funding, the City has offered to use its construction crews for swale regrading work on the project. The project has been ongoing for several years. Over that period, the project has started and stopped for various reasons (primarily related to land acquisition). Also, over that period, the scope/concept for the project has also evolved, again primarily related to the inability to acquire certain tracts of land. These changes, along with the shear duration ofthe project, have created the need for additional services above those budgeted for in the original work authorization. These costs relate to design and production type services, collection of additional information and coordination relative to land acquisition, as well as unanticipated meetings/coordination (due to the project duration/evolution). Staff is requesting that the additional engineering services be funded in the amount of $8,300. FUNDS AVAIL.: Funds will be made available in 101211-41134-563005-425017-Engineering and 101211- 41134-563012-425017 -Inspections FDEP Canal Stormwater/Local Option Drainage. PREVIOUS ACTION: October 28, 1997, the BOCC authorized a Work Authorization with Hazen and Sawyer, P.C., for the conceptual design plan for this project in the amount of $9,940. May 26, 1998, the BOCe authorized a Work Authorization with Hazen and Sawyer, P.C. for the final design plan for this project in the amount of $25,830. .. ~ '-' '-' RECOMMENDATION: Staff recommends approval of the attached Work Authorization No. 6 to the Agreement for Continuing Professional Engineering Services with Hazen and Sawyer, P.C., to provide additional services for the Hidden River Estates Stormwater Improvements Project in the amount of $8,300, and authorization for signature by the Chairman. COMMISSION ACTION: ~ APPROVED [ ] OTHER: [ ] DENIED E: [X]County Attorney ~/ [X]Originating Depl. Public Works /;!~ I hidden river estates wa6.ag [ ]Purchasing [X]Revenue Coord. P:J1'rt'\ [X]Co. Eng ~.. \'YJ~~J'" ~R; ~:.~~ítí~J~.&~-·~~~-·· .~ "~~~ ~j:"" p,. })'_......._~.....~_. \..;~ ...~~.~~"~..~ ~o;r~' ,,' .r< .~:~'..-:\f. ,~..¡ "..=:..~." .,;_~j:r.: ~ _~. _ l~!+/;!~~lil :/. ¡j ~'. \...' ." ~ ~. 6. 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" ~ .. ........ ~~~ ,,~i} ± tb~i:"~i?'" ~i~i:-;; 1 . \ '. . 4~'''.~'' '" ~~;.-"/ T.'·;¡: ~':5~;~W. :, . .<. :a.V "..-::~~~~.I:;J:l.):l:~:f~:1:1~~~ ~ '. ~~'. . .~~.;..~. - .~-~\ . ~ ~¡.. .~ X" ",z" ~J/!t.. "".. ...~.. 0.... ,..;. " Vtf..."- f,... 1 ~:' .,}..\.Xi.~~~ " ~f~.\· q"~,,·..·".).·~~.Þ..~~;;V;I.I..I;EI.I..r~;l,:.: . d·'4Ç ¡T- ·t~J·. \ 1,\ r~ ~A \'~ t.:\~~ ~~ ~4"'çp~~"\ \.. \.aJ:-1~L..l-:l~1~:L·¡~l:'.J . ','. ....... ~~,......_.~~.._. ....,. _"_<-".....~_L,,_I_/....~-&.'. \: ¥ö~~~;i~p.,Wr~ ~ A..'\~y0wW··- .~:f0~"" \ _~~ ~ _ _ ___ ~ _.1.. -' ~.::-\ ~';-~ HID DEN RIVER ESTATES LOCATION l MAP ~ ~ '-' ....", WORK AUTHORIZATION NO.6 Engineering Services Related to Stormwater Management COO-06-085 for Hidden River Estates Drainage Improvements Pursuant to that certain Agreement Between County and Engineer for Engineering Services (the "Agreement") between S1. Lucie County (the "County") and Hazen and Sawyer, P.C. (the "Engineer") dated June 13, 2000, the Engineer agrees to provide the services in accordance with the Additional Services Agreement. IN WITNESS WHEREOF, the County has hereunto subscribed and the Engineer has affixed his, its, or their names, or name, on the dates below. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: COUNTY ADMINISTRATOR Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ENGINEER BY: Ae/ Af"7 ~ ' Print Name: Albert Muniz. P.E. Hazen and Sawyer, P.C. Date: 4-1 j- 0 ~ FfP.ProposalsSt.LucíeCounfy023.DOC ... '-' ...." EXHIBIT A SCOPE OF SERVICES ST. LUCIE COUNTY HIDDEN RIVER ESTATES DRAINAGE IMPROVEMENTS PROJECT BACKGROUND The Hidden River Estates project has been ongoing since 1998. Over that period, the project has started and stopped for various reasons (primarily related to land acquisition). Also, over that period, the scope/concept for the project has also evolved, again primarily related to the ability/inability to acquire certain tracts of land. These changes, along with the shear duration of the project, have created the need for additional services above those budgeted for in our original work authorization. These costs relate to design and production type services, collection of additional information and coordination relative to land acquisition, as well as unanticipated meetings/coordination (due to the project duration/evolution). STATEMENT OF WORK Task 1 - Additional Design Services CONSULTANT shall provide additional design services as discussed above. Task 2 - Bidding Services Additional costs due to increase in billing rates (from original work authorization). Task 3 - Construction Services Additional costs due to increase in billing rates (from original work authorization). FtP.ProposalsSt,LucieCounty023.DOC '-" ..J EXHIBIT B BUDGET ST. LUCIE COUNTY HIDDEN RIVER ESTATES DRAINAGE IMPROVEMENTS Task Cost Task 1 - Additional Design Services Task 2 - Bidding Services Task 4 - Construction Services Total $ 7,500 $ 300 $ 500 $ 8,300 FIP.ProposalsSI.LucieCounly023.DOC · . '" >, ' '-' ..." EXHIBIT C WORK SCHEDULE ST. LUCIE COUNTY HIDDEN RIVER ESTATES DRAINAGE IMPROVEMENTS Task Time to Completion from Notice to Proceed Task 1 - Additional Design Services Task 2 - Bidding Services Task 3 - Construction Services 4 Weeks To be determined To be determined FtP.ProposalsSt.LucieCounty023.DOC AGENDA REQUEST ~ ITEM NO. c-3d DATE: M av 28.2002 '-' REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (XX) TO: BOARD OF COUNTY COMMISSIONERS ~RES Y: SUBMITTED BY (DEPT): Public Works Dept./Solid Waste Division '__ o J. Cordeiro Solid Waste Manager SUBJECT: Staff requests the Board of County Commissioners approve the purchase ofthree (3) portable radios from Motorola in the total amount of $3,900 ($1,300 each) and Equipment Request No. EQ02.223. BACKGROUND: This equipment is needed to provide communications between equipment operators and employees outside the equipment. FUNDS AVAILABLE: Funds are available in Account # 401·3410·564000-300. Funds are available in the Equipment Account due to the deletion of a budgeted piece of equipment (EQ02-140). PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve the purChase of three (3) portable radios from Motorola in the amount of $3,900 ($1,300 each) and Equipment Request No. EQ02-223. .~~APPROVED o OTHER: o DENIED COMMISSION ACTION: Review and Approvals D Coooly AIlomoy./ð:' II Moo...~'" ood ""_, ~ II Po~h'''og, --L.t2- IllI Originating DePt:~ IllI Other: (Landfill) 0 Other: o Finance: Check for copy only, If applicable: AGENDA REQUEST ""ITEM NO. Cr 4cc DATE: May 28, 2002 REGULAR [] PUBLIC HEARING [] CONsENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Extension of Lease Agreement with State of Florida Department of Juvenile Justice BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve the Modification to Extend Term and authorize the Chairman to sign the Modification. ouglas Anderson County Administrator COMMISSION ACTION: Mi APPROVED [ ] DENIED [ ] OTHER: County Attorney: (.1,. t--;'4: Review and Approvals Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng.: Finance: (Check for Copy only, if applicable) Eff. 5/96 '-' ...,,¡ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. 02-721 DATE: May 15, 2002 SUBJECT: Extension of Lease Agreement with State of Florida Department of Juvenile Justice ---------------------------------------------------------------------------- ---------------------------------------------------------------------------- BACKGROUND: The County owns property, including a building, located at 119 South 10th Street in Fort Pierce. The County has leased this property to the State of Florida Department of Juvenile Justice ("Department") since June 30, 1998. The Department is using the property to provide social services to area residents. The Department is paying the County rent in the amount of five hundred and 0/100 ($500.00) dollars per month. The current lease expires on August 31, 2002. Attached is a copy of a letter dated May 6, 2002 from Eileen Sewell of the Department requesting that the County agree to sign an . Agreement for Modification to Extend Term" which would extend the lease term until August 31, 2003. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the Agreement for Modification to Extend Term and authorize the Chairman to sign the Modification. Reüp tfUIIYSUbm;~e~/ /~ . . .. J7~ ~ Daniel S. McInty County A ttorne DSM/caf Attachment ·' '- ...." STATE OF FLORIDA DEPARTMENT OF JUVENILE JUSTICE CERTIFIED MAIL RETURN RECEIPT REOUESTED ## 70011140 0002 1534 4625 May 6, 2002 St. Lucie County Board of County Commissioners 2300 Virginia Avenue 3rd Floor Administrative Annex Ft. Pierce, FL. 34952-5652 ~l P Œ œ Œ n WI ~'~;ìl ! Ð I r"'-'-~-~- n I,',' , i ' il I, ~~, MðV~ 2002 ;1", I; I ~ (' . Lease Number. Location: 800:0171 (Old lease # DJJ-15-001) 119 South 10th Street - Ft. Pierce Dear Sirs: Enclosed, please find the "Aareement for Modification to Extend Tenn". This will run through August 31, 2003 for the above referenced lease. We are requesting acceptance under the same tenns and conditions of the existing lease. Please have someone who is authorized to sign, do so where indicated on all (5) sets of the modification fonns. You will note that there is a section to the left, on page 2 of the "Agreement... " where you will need to have 2 witnesses sign verifying signatures. I am also enclosing two (2) "Updated Disclosure Statements.". By signing the two updates, you are verifying that all infonnation is current. Please return all documents to this address so that we may get necessary approvals at this end. Once approved, we will mail you a complete set of documents for your records. We would like all paperwork back here before end of June, if at all possible. Extension will commence September 1, 2002. If you have any questions concerning this package or need further assistance, please contact me at (850) 487-9716. My e-mail address is: Eileen.Sewelltw.dii.state.f1.us. Hope to hear from you soon. Have a good day. Sincerely, ~~ Eileen Sewell Purchasing Agent III Enclosures dì-¡(> u\?f "J¡" 0''\ ,*0'(/ U¡¡fI¥E0 ·n0-,..; . \ \(;vV! ):m Q~yt\ ..... STATE OF FLORIDA ""'" .. ~... ... DEPARTMENT OF MANAGEMENT SERVICES AGREEMENT FOR MODIFICATION TO EXTEND TERM ZONE: LEASE NO. MODIFICATION NO: 26 800:0171 3 WHEREAS, the Department of has previously Juvenile Justice , as Lessee, entered into Lease Number for a tenn 800:0171 , on June 30 , 1998, AD., commencmg Julv 1. 1998 . A.D., which now tenninates the 31st day of AU2Ust .2002 AD., the currel\t Lessor being St. Lucie County. a Political Subdivision of the State of (Owner's name) Florida (Owner's name) and; WHEREAS, both the Lessor and the Lessee wish to amend and modify said lease so as to change the tenn of the lease; NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the parties hereto hereby agree as follows: I. The above described Lease No. 800:0171 is hereby amended and modified to extend the tenn to and including the 31st day of AU2ust , 2003 , AD., and 2. The covenants and conditions contained in the original State of Florida, Department of Management Services' Lease Agreement No. 800:0171 as amended by the above modifications, are readopted by the Lessor and Lessee and incorporated herein. FM 4068E (ROS/Ol) 10f2 '-' LEASE NO""""'Ol71 MODIFICATlON NO.3: ....-..., ... ....,.". . IN WITNESS WHEREOF, the parties hereto have hereunto executed this instrument for the purpose herein expressed, this _ day of . 20 ANY MODIFICA nON OF A LEASE AGREEMENT SHALL NOT BECOME LEGALLY EFFECTIVE UNTIL APPROVED/ACCEPTED BY THE DEPARTMENT OF MANAGEMENT SERVICES. ORIGINAL SIGNATURES REQUESTED ON ALL COPIES Signed, sealed and delivered in the presence of: LESSOR, IF INDIVIDUAL (s): (SEAL) Print or Type Name Print or Type Name Print or Type Name AS TO LESSOR Signed, sealed and delivered in the presence of: (SEAL) Partnership, Trust, etc.: oard of County Commissioners Print or Type Name Chairman (SEAL) (SEAL) Print or Type Name As to President, General Signed, sealed and deliv Print or Type Name Print or Type Name AS TO LESSEE APPROVED As To CONDmONS AND NEED THEREFOR DEPARTMEl'<'T OF MANAGEMENT SERVICES Bureau of Contractinl! & Purchasinl! Print or T Title APPROVED As TO FORM AND LroAllTY, SUBJECT ONLY To FULL AND PROPER EXECUTION BY THE PARTIES APPROVED AB TO FORM AND LEGALITY, SUBJECT ONLY To FULL AND PROPER EXECUTION BY THE PARTIES Chie( Bw-eau of Real Property Management GENERAL COUNSEL DEPARTMENT OF MANAGEMENT SERVICES GENERAL COUNSEL DEPARTMENT OF JUVENILE SERVICES Director Division of Facilities Management By: By: Scott Wright Print or Type Name PrinlorTypeName APPROVAL DATE: APPROVAL DATE: APPROVAL DATE: FM 4068E (ROS/O 1) 20f2 , ! ,/ / AGENDA REQUEST --'ITEM NO. 011> DATE: May 28, 2002 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Ninth Addendum to Contract with Howard Industries, Inc. BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board approve the Ninth Addendum and authorize the Chairman to sign the Addendum. COMMISSION ACTION: D glas Anderson ounty Administrator {~APPROVED [ ] DENIED [ ] OTHER: County Attorney: aJ Review and Approvals mr~;ttg¡jlû!ìilt!i' Purchasing: Originating Dept. County Eng.: Finance: (Check for Copy only, if applicable) Eff 5/96 ~ ..., \ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. 02-758 DATE: May 21, 2002 SUBJECT: Ninth Addendum to Contract with Howard Industries, Inc. ---------------------------------------------------------------------- ---------------------------------------------------------------------- BACKGROUND: On August 8, 2001, the County entered into a contract with Howard Industries, Inc. ("Howard") wherein the County agreed to purchase personal computers from Howard. Attached to this memorandum is a copy of a draft Ninth Addendum. The Ninth Addendum would authorize the purchase of eleven (11) computers from Howard with MS Office 2000 Professional for $1,508.00 each for use by the County. Monies for this purchase are included in the budget approved by the Board. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the Ninth Addendum and authorize the Chairman to sign the Addendum. DSM/ caf Attachment '-' ...." NINTH ADDENDUM TO AUGUST8,2001CONTRACT BETWEEN ST. LUCIE COUNTY AND HOWARD INDUSTRIES, INC. THIS NINTH ADDENDUM is dated this day of 2002, by and between ST. LUCIE COUNTY, hereinafter called the "COUNTY", and HOWARD INDUSTRIES, INC. hereinafter referred to as the "CONTRACTOR". WITNESSETH: WHEREAS, the County and the Contractor entered into a Contract (the "Contract") on August 8, 2001, wherein the County agreed to purchase personal computers {"Product") from the Contractor; and WHEREAS, the August 8, 2001 Contract provided that the County may order additional Product from the Contractor; and WHEREAS, the County is desirous of purchasing Product from the Contractor in accordance with the August 8, 2001 Contract; and WHEREAS, the parties have previously amended the August 8, 2001 Contract as follows: First Addendum dated September 18, 2001 (Clerk - 184 PCs) Second Addendum dated September 18, 2001 (State Attorney- 50 PCs) Third Addendum dated September 25, 2001 (County-6 Laptops) Fourth Addendum dated October 16,2001 (Clerk - 4 PCs) g: \atty\agreemnt\Howard-9addendum \r- ,..." Fifth Addendum dated December 11, 2001 (County Budgeted-33 PCs; 18 Laptops) . ~ixth Addendum dated December 11, 2001 (Judicial System - 31 PCs) Seventh Addendum dated December 11, 2001 (Sheriff - 100 PCs) Eighth Addendum dated February 26, 2002 (County-11 PCs) WHEREAS, the parties desire to further amend the August 8, 2001 Contract to allow the County to purchase Product in accordance with the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. GENERAL DESCRIPTION OF WORK It is agreed that the Work to be done under the Addendum is providing installed eleven (11) computers ("Product") with Windows Operating Systems and Microsoft Office Suite in accordance with Quote dated February 20, 2002 which is attached to and incorporated into the August 8, 2001 Contract as Exhibit "A". Refresh of CPU and OS will occur after 24 months with the then current CPU and OS. 3. CONTRACT PAYMENT The County shall pay the Contractor for the performance of this Addendum in accordance with the Contract Documents, subject to adjustment by change order the total amount in current funds sixteen thousand five hundred eighty~ eight and 00/100 ($16,588.00) dollars. g: \atty\agreemnt\Howard-9addendum 2 ..... ..",,; '- The remaining terms and conditions of the August 8, 2001 Contract shall apply to the Addendum and shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Addendum in counterparts each of which shall be treated as an original upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY A TIORNEY HOWARD INDUSTRIES, INC. BY: WITNESSES: Print Name Title: 9: \atty\a9reemnt \Howard-9addendum 3 Order online o~ 1.888.912.315'1"'" " [G Page 1 of2 HOI1~bout Us I Contact Us Support I Search 1°_ I~ L Wednesday, May 08, 2002 Government Quotation Quote No: KT 238937 Customer Name: Company Name: ST LUCIE COUNTY Item Item Description System Type: Howard DeskTop E3700 Processor: Intel P4-1.6A Ghz, w/512K L2 Cache, 400 Mhz FSB Memory: 256MB 133MHz SDRAM (I DIMM) Hard Drive: 20.0GB ATAIOO nOORPM Western Digital CDROM : CD ROM, 52X, IDE, Internal, AT API Additional CDROM : Storage: Monitor: Keyboard: Mouse: Graphics Card: Speakers : Surge Protectors: Modem: Case: Floppy: Operating System: Bundled Software: AntiVirus: Printers: Motherboard: Sound Card: Network Card: Warranty: Quote Date: 2002-05-08 00:00:00 Phone Number: Fax Number: Qty. Unit Price Ext. Price I $1,158.00 $1,158.00 No CD-RW Drive Selected No Storage Selected Optiquest Q71, 17 (16.0 viewable, .27dp) 1280xlO24 Monitor 104-Key Windows PS/2 Keyboard Microsoft® lntelJimouse® PS/2 with Howard Mouse Pad AT! Xpert 2000 Pro Ultra, 32 MB, 4X AGP Allec Lansing A VS200 Powered Stereo Speakers No Power Accessories Selected No Modem Selected Chassis, Micro A TX Mini Tower, 250 Watt Power Supply 1.44MB 3.5 Floppy Drive Windows 2000 Professional SR2 No Bundled Software Selected No Anti-Virus Software Selected No Printer Selected Motherboard, SiS 650 chipset, Socket478, microATX, 400 MHz FSB, 4X AGP, 3 Integrated 32 bit PCI Audio with AC97 Codec 3Com 3C905CX-TXM 10/100 Ethernet Card w/Wake-on- Lan CPU = Total 4 Year On-Site with 2 Year Refresh; Monitor, Keyboard, Mouse = 4 Year Warranty SubTotal: $1,158.00 Shipping: Included Taxes: Tax Exempt Total: $1,158.00 ..--....-...........-....----......-.----..-..-.-..--,..-........-.-'-.-.-...------,.....--- ..-,±···_3SQ~..co Notes: .¡t. 150 2! crt) PRICE QUOTED IS VALID FOR 30 DAYS FROM 05/08/02. OPTIONS: 256MB to 512MB Memory, ADD $80.00 each. MS Office 2000 Professional (07SWR20101202), ADD $350.00 each. -.--. '-'---'-"~---'--- EXHIBIT "fAII file:1 Ie: \Documents%20and%20 Settings\ brodeurp \Local %20 Settings\ Temp \CustPrint.htm ~ 'V' AGENDA REOUEST ITEM NO. ~.C Date: May 28, 2002 Regular [ ] Public Hearing [ ] Consent [ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Mobile Irrigation Lab ("MIL") - Interlocal Agreement with St. Lucie Soil and Water Conservation District BACKGROUND: See c.A. No. 02-763 FUNDS A V AIL. (State type & No. of transaction orN/A): Account No. 001151-3720-331610-300 (USDA Urban Mobile Irrigaton Lab Grant) RECOMMENDATION: Staff recommends the Board of County Commissioners approve the proposed interlocal agreement with the St. Lucie Soil and Water District for the Mobile Irrigation Lab ("MIL") and authorize the chairman to sign the agreement. COMMISSION ACTION: Cj APPROVED [] DENIED [ ] OTHER: County Attorney: t:2r Coordination/Sil!natures Mgt. & Budget: Purchasing: Originating Dept.: Other: Other: Finance (Check for Copy only, if applicable): \w """'" INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney c.A. NO: 02-763 DATE: May 21,2002 SUBJECT: Mobile Irrigation Lab ("MIL") - Interlocal Agreement with St. Lucie Soil and Water Conservation District BACKGROUND: Attached to this memorandum is a copy of a proposed interlocal agreement between the County and the St. Lucie Soil and Water Conservation District for the continuation of the Mobile Irrigation Laboratory (MIL) project which is being funded by the 2001-2002 grant to the District from the US Department of Agriculture. As in years past, the agreement provides for the County to administer the grant on behalf of the District. The County will retain five percent (5%) of the grant funds as compensation for administration of the grant. As this is an ongoing project and is intended to continue past the expiration of the 2001-2002 grant, the agreement also provides for the County to administer future USDA grants to the District for the project. RECOMMENDATION/CONCLUSION: Staff recommends the Board of County Commissioners approve the proposed interlocal agreement with the St. Lucie Soil and Water District for the Mobile Irrigation Lab ("MIL") grant, and authorize the chairman to sign the agreement. Respectfully submitted ~~ Heather Young Assistant County Attorney Attachment HY/ Copies To: Concurring Staff Clerk Secretary Press Public \wt .., INTERLOCAL AGREEMENT THIS AGREEMENT is entered into this _ day of , 2002, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida (the "County") and the ST. LUCIE SOIL AND WATER CONSERVATION DISTRICT, a special taxing district (the "District"). WHEREAS, the District has entered into an agreement with the United States Department of Agricultural (the USDA Agreement) which provides for the District's continued operation of an Urban Mobile Irrigation Lab in St. Lucie County (the "Project") during fiscal year 2001-2002; and, WHEREAS, the District anticipates entering into future annual agreements with USDA for the continued operation of the Project; and, WHEREAS, the District has requested that the County assist it by coordinating the fiscal administration of the fiscal year 2001-2002 USDA Agreement and subsequent annual USDA agreements for the Project on behalf of the District, including processing the payroll and benefits for the employee hired by the District to operate the Urban Mobile Irrigation Lab ("MIL"),; and, WHEREAS, the County is willing and able to assist the District in this regard. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1. GENERAL. This Agreement is entered into pursuant to Section 163.01, Florida Statutes, the Florida Interlocal Cooperation Act. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained therein, and this Agreement shall supersede all previous telecommunications, representations, or agreements, either verbal or written, between the parties hereto. 2. PROJECT MANAGERS. The Project Manager for the County is Bess McKinney at (561) 461-4546. The Project Manager for the District is Philip C. "Flip" Gates, JI. at (561) 461-4546. The parties shall direct all matters arising in connection with the performance of this Agreement, other than invoices and notices, to the attention of the Project Managers for attempted resolution or action. The Project Managers shall be responsible for overall resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the 1 '-' ...", performance of this Agreement. 3. COUNTY RESPONSIBILITY. A. The County agrees to coordinate the fiscal administration of the 2001-2002 USDA Agreement and any future USDA grants for the Project, on behalf of the District. The County shall deposit into an interest bearing account funds received from the USDA on behalf of the District pursuant to the USDA Agreements. Upon receipt and verification of invoices from the District for services or equipment obtained by the District pursuant to the USDA Agreements, the County shall pay such invoices on behalf of the District using the funds received from USDA. The County shall retain five percent (5 %) of the funds received from USDA as compensation for its services on behalf of the District under this Agreement. Within forty-five (45) days following the date of termination of this Agreement and payment of all outstanding invoices under the USDA Agreements, the County shall return the remaining funds and any accrued interest to the District. B. The County agrees to be responsible for payment of the salary, benefits, and withholding for the employee hired by the District to operate the MIL (the "Employee"). The USDA funds shall be used for the payment of such expenses. The Employee shall be not be considered an employee of the County. 4. DISTRICT RESPONSIBILITY. A. The District shall be responsible for the performance of the Project under the 2001- 2002 USDA Agreement and any future USDA grants for the Project, as set forth in the Scope of Work thereunder incorporated herein by reference. The District shall submit to the County invoices for services or equipment obtained by the District pursuant to the USDA Agreements. The District shall cooperate with the County in providing any documentation or information required for the County to process such invoices for payment or otherwise administer the USDA Agreements. B. The District shall be responsible for the hiring and supervision of the Employee to operate the MIL. The District shall determine the salary and benefits for such the Employee. The District shall provide the County Finance Department with the employee's timesheets on or before the Monday preceding a payday. C. The District shall notify the Employee and the County Finance Department regarding any changes in the Employee's status, including termination of employment. D. The District shall be responsible for the collection of funds from USDA. In the event the funds awarded become unavailable or must be returned to USDA, the District shall repay all payroll and other expenses incurred by the County on behalf of the District. E. The District shall be solely responsible for the Employee's performance and 2 '-' ...., professional conduct. F. The District shall be solely responsible for any work related licenses or insurance which may be required for the Employee. G. Any equipment and other fixed assets purchased with the grant funds shall become the property of the District unless otherwise agreed upon by the parties. 5. TERM: TERMINATION. The term of this agreement shall commence on the date set forth above and shall continue until the USDA Agreements and any future USDA grants for the Project thereof are terminated. Either party may terminate this agreement with or without cause upon thirty (30) days prior written notice to the other party. 6. NOTICES. All notices, requests, consents, and other communications required or permitted under this Agreement shall in writing (including telex and telegraphic communication) and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, and addressed to: As to County: With a CODV to: County Administrator 2300 Virginia A venue Administration Building Annex Fort Pierce, Florida 34982 S1. Lucie County Attorney 2300 Virginia Avenue Administration Building Annex Fort Pierce, Florida 34982 As to District: S1. Lucie Soil and Water Conservation District 8400 Picos Road, Suite 202 Fort Pierce, Florida 33945 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered: (a) on the date delivered if by personal delivery , (b) on the date telecommunicated if by telegraph, (c) on the date of transmission with confirmed answer back if by telex, and (d) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 3 "" .....I 7. AUDIT. The parties agree that the other party or any of its duly authorized representatives shall, until the expiration of three (3) years after expenditure of funds under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of that party involving transactions related to this Agreement. 8. PUBLIC RECORDS. The parties agree to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by them in conjunction with this Agreement. 9. ASSIGNMENT. Neither party shall assign this Agreement to any other persons or firm without first obtaining the other parties' approval. 10. FILING. This Agreement and any subsequent amendments thereto shall be filed with the Clerk of the Circuit Court of St. Lucie County pursuant to Section 163.01(11), Florida Statutes. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the date stated below. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DEPUTY CLERK DATE: APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY 4 '- ATTEST: SECRETARY wp Ig: lagreemntlinterlocallswcd. mil. 02. wpd .J ST. LUCIE SOIL AND WATER CONSERVATION DISTRICT BY: CHAIRMAN DATE: 5 .~ AGENDA REOUEST ITEM NO. ~ Date: May 28, 2002 Regular [ ] Public Hearing [ ] Consent [ X ] REVISED TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Ordinance No. 02-16 (Amending Noise Control Ordinance) - Permission to Advertise for Public Hearing BACKGROUND: See CA No. 02-764 FUNDS A V AIL. (State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff requests permission to advertise proposed Ordinance No. 02-16 for a public hearing on June 18,2002 at 7:00 p.m., or as soon thereafter as it may be heard. COMMISSION ACTION: ~ APPROVED [] DENIED [ ] OTHER: County Attorney: Jl Coordination/SÏI!:natur es Mg!. & 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: 02-764 DATE: May 21, 2002 SUBJECT: Ordinance No. 02-16 (Amending Noise Control Ordinance) - Permission to Advertise for Public Hearing BACKGROUND: Attached to this memorandum is a copy of proposed Ordinance No. 02- 16 which would amend the County's noise ordinance to provide for measurement of noise by octave band and also establish maximum permissible vibration levels. The proposed revisions to the ordinance are based upon the results of the noise study conducted by the Midwest Environmental Assistance Center. Copies of the noise study are available for review in the County Attorney's office. Staff is requesting permission to advertise a June 18, 2002 public hearing on the proposed ordinance. RECOMMENDATION/CONCLUSION: Staff requests permission to advertise proposed Ordinance No. 02-16 for a public hearing on June 18,2002 at 7:00 p.m., or as soon thereafter as it may be heard. Respectfully submitted ~ t:nr- Heather Young Assistant County Attorney Attachment HY/ Copies To: Concurring Staff Clerk Secretary Press Public '- ...., ORDINANCE NO. 02-16 AN ORDINANCE AMENDING CHAPTER 1-13.8, NOISE CONTROL, OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY AMENDING SECTION 1-13.8-16 ("DEFINITIONS") TO CHANGE THE NAME TO "TERMINOLOGY, STANDARDS AND DEFINITIONS", TO PROVIDE FOR TERMINOLOTY AND STANDARDS AND TO ADD CERTAIN DEFINITIONS; AMENDING SECTION 1- 13.8-18 ("MAXIMUM PERMISSIBLE SOUND LEVELS BY USE DISTRICT") TO ESTABLISH MAXIMUM PERMISSIBLE SOUND LEVELS AND VIBRATION LEVELS BY USE DISTRICT; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE AND THE DEPARTMENT OF REVENUE; PROVIDING FOR AN EFFECTIVE DATE AND FOR TERMINATION, AND CODIFICATION. WHEREAS, on February 2, 1988, the Board of County Commissioners adopted Ordinance No. 88-20 which created Chapter 1-13.8, Noise Control, of the S1. Lucie County Code of Ordinances and Compiled Laws; and, WHEREAS, Chapter 1-13.8 established maximum permissible sound levels by use districts based upon decibel levels; and, WHEREAS, this Board has conducted a nOIse measurement program with vibration analysis for 81. Lucie County; and, WHEREAS, based upon the results of the noise measurement program, this Board has determined that it is appropriate to amend Chapter 1-13.8 to provide for sound measurement based upon octave bands rather than decibel levels. NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of 81. Lucie County, Florida: 1 Struck throaga words are deleted; underlined words are added. '- "'" PART A. CHAPTER 1-13.8, NOISE CONTROL, OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, IS HEREBY AMENDED BY AMENDING SECTION 1-13.8-16 AS FOLLOWS: Section 1-13.8-16. Definitions. Terminolol!V, standards, and definitions. (a) All technical acoustical terminology and standards used in this article which are not defined below shall be read or constructed in conformance with the American National Standards Institute. Inc.. ("ANSI") publication entitled "Accoustical Terminology", designated as ANSI S 1.1-1960. or its successor publication. {Ql For the purposes of this chapter, the following definitions shall apply: Ambient noise is theall-encompassing noise associated with a given environment, being usually a composite of sounds from many sources, near and far, independent of any single, identifiable noise source. Bel is a unit of level when the base of logarithm is ten (10). Use of the Bel is restricted to levels of quantities proportional to power. Boat is a description of watercraft, barge and airboat used or capable of being used as a means of transportation on water, mode of habitation or a place of business or professional or social association on the water of the unincorporated areas of St. Lucie County including but not limited to: (1) Foreign and domestic watercraft engaged in commerce; (2) Passenger or other cargo-carrying watercraft; (3) Privately owned recreational watercraft; (4) Airboats and seaplanes; (5) Houseboats or other floating homes. Decibel is a unit for measuring the volume of a sound, equal to twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound measured to the reference pressure, which is twenty (20) micropascals (twenty (20) micronewtons) per square meter. 2 Struck throHgh words are deleted; underlined words are added. '-' ..., Discrete tone is the condition of a noise source in which sham, piercing or hum- like steady tones occur in the octave noise spectrum. Downwind )!radient is within plus or minus 45° of the wind direction connecting the center of the noise source and the center of the receiver, with the wind blowing from source to receiver. The wind speed is given as UP to 11 mph (5m/sec). Emergency work is work made necessary to restore property to a safe condition following a public calamity or work required to protect persons or property from an imminent exposure to danger. Frequency of a function periodic in time is the reciprocal of the primitive period. The unit is the cycle per unit time and must be specified. Ldn level is the twenty-four (24) Leg level in an environment in which all the ambient sound and other noises at night (defined as 10:00 p.m. to 7 a.m.) are added UP as 10 dB(A) above actual noise level. Leq level is the level of the time-weighted. mean-square. A-weighted sound pressure. Stationary noise sources are measured, in terms of octave band Leg, for a minimum of ten (10) minutes of operation. The background sound level measured for a minimum of five (5) minutes with the source off, must be subtracted from the LeQ level in each of the nine octave frequency bands. Person is any person, person's firm, association, copartnership, joint venture, corporation or any entity, public or private in nature. Sound level meter is an instrument including a microphone, an amplifier, and output meter and frequency weighting networks for the measurements of noise and sound levels in a specified manner. Sound pressure level in decibels of sound is twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of this sound to the reference pressure, which reference pressure must be explicitly stated. 3 Struck thnmgh words are deleted; underlined words are added. '- ~ ,^.ll technical definitions are in accordance ","ith AmeriofrFl National Standards Institute Standard S 1.1 1960 entitled }.eeustical; TermÜ=lOlogy, as reaffirmed. PART B. CHAPTER 1-13.8, NOISE CONTROL, OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, IS HEREBY AMENDED BY AMENDING SECTION 1-13.8-16 AS FOLLOWS: Section 1-13.8-18. Maximum permissible sound levels and vibration levels by use district. ill It shall be unlawful to project a sound or noise from one property into another property within the boundary of the use district which exceeds either the limiting noise spectra set forth in Table 1 below or exceeds the ambient noise level by more than three (3) decibels for any minimum part of a measurement period which measurement period shall not be less than sixty (60) seconds when measured as specified under the noise enforcement practices as adopted by the board of county commissioners by resolution. fB ill} Sound or noise projecting from one (1) use district into another use district with a different noise level limit shall not exceed the limits of the district into which the noise is projected. ~ (Q} The limits hereinabove referred to shall 'eo in accordance with the following table:Unless provided otherwise, such sound that tests in excess of any such sound affected site specific applicable resultant value, after applying all site-specific impulse sound and lor pure tone (character of sound) adiustment s, shall be a violation of this article. ß:) © Corrections for character of sound: 1. Steady pure tone. For each sound that is a steady pure tone. the applicable maximum sound level limits set forth in Table 1 shall be reduced by five decibels at sound-affected sites/units in residential use districts. 4 £truek through words are deleted; underlined words are added. '-' """" 2. Non-repetitive impulsive sound. For any non-repetitive impulsive sound (up to five impulses in an hour). the maximum sound level limits set forth in Table 1 shall be increased by ten decibels from 7:00 a.m. to 10:00 P.rn. Ti\RLE 1 ....~PPLICA.BLE NOISE LIMITS MeasHreffient period one qHarter hour (continHous) as measured at the property boundary of the receiving property. Use Clø.ssfjìcetien Sound Ie'c! in Decibels A Sct¡/e (dEA) Dey .\Tight 0700 2200 22Q{) ()700 b.¡. LIg hH! hI hI!) hw 70 65 éO 65 60 55 75 70 65 70 65 60 75 70 65 75 70 65 Residential Commercial Industrial Lc:ct L(1). That noise (A 'lieighted sOHnd lø\'eO oJœeeding one (1) percent of a measurement time eqHi'/aleat to at least fifteon (15) minutes. Level L(10). Tha-t aoise V. weighted sound leyol) exceeding ton (10) percent of a measurement time equivalent to at least fifteen (15 minutes. Level L(50). That noise (A weighted sCHmd le'/el) exceeding fifty (50) percent ofa measuremont time equiyalent to at least fifteen (15) mimites. (1) If the noise occurs at any time on Sunday or holidays, the deeibel level applicable between 10:00 p.m. and 7:00 a.m. shall prenil. 5 £trHek through words are deleted; underlined words are added. '- "-' (5) Noise levels shall not exceed the peak noise levels, independent of time duration, set Elèlt iR Table II belm'!: Use ClassijìcatifJn Residential Commereial Indèlstrial TAElE II PEAK NOlSE LEVELS &nmd Lc-.,d in Decibels A &tl!c (dBA) gO g5 85 ~ The conE!itioflS regardÜ'Ig times of operation f-or miRing and manufacturing activities as specified in a permit issued by the board of county commissioners shall prevail over the provisions of this chaptør. (6) For noise af implilsive charaetør (hammering, etc.), the pemlissible deeibelleyels set out in Table I shall be corrected by subtracting five (5). Impulsive soood is any sound of short duration, usually less than one (1) second with an abrupt ORset aRE! rapid decay, e.g. explosions, blasting, and disoharge of firearms. 6 Struok through words are deleted; underlined words are added. '-' ..., TABLEl OCTAVE BAND NOISE LIMITS IN TERMS OF UN-WEIGHTED DECIBELS AND EQUIVALENT A-WEIGHTED DBA LEVELS ResidentiaVResidential Commercial! Residential Industrial/Residential Octave Band Day Night Dav Night Day Night Center Frequency !Hertz) 31.5 57-59 52-52 64 59 64 59 63 57-59 52-54 64 59 64 59 125 54-56 49-51 61 56 61 56 250 50-52 45-47 57 52 57 52 500 46-48 41-43 53 48 53 48 1000 41-43 36-38 48 43 48 43 2000 37-39 32-34 44 39 44 39 4000 34-36 29-31 41 36 41 36 8000 30-32 25-27 37 32 37 32 dBA 48-50 43-45 55 50 55 50 (2) It is a violation of this article to operate, permit, of suffer operation or use of any industrial, manufacturing and/or commercial device, facility, operation, or process that causes any vibrations which exceed the applicable displacement(s) in inches specified in Tables 2 and 3 below, at the property boundary of, or within, any vibration affected site or unit in a residential use district. Steady state vibrations are continuous or occur in discrete pulses more frequently than 100 impulses per minute. Discrete pulses that do not exceed 100 impulses per minute must not cause displacement in excess of twice the applicable value(s) in Tables 2 or 3. Impact vibrations occur in discrete pulses which are separated by a time interval of at least one minute and which occur no more than eight times in any 24-hour period. These vibrations regulations do not apply to activities conducted pursuant to, and to the extent authorized by, blasting permits 7 Struck through words are deleted; underlined words are added. '-' ,.." issued by the board or any other governmental entity that is authorized to issue such permits. TABLE 2 APPLICABLE VIBRATION LIMITS RESIDENTIAL TO RESIDENTIAL USE DISTRICT ResidentiaVResidential - Commercial Measured Levels Frequency Permitted Level Ambient Level: RJR Measured!ãl XII. Y6 Ambient Level: RJC Measured!ãl Y5 Rate of Vibrational Strokes Greater than Less than Less than Less than 100/Min 100IMin 100IMin 100IMin Less than 10HZ .0004 .0008 .0007 .0003 10-19 Hz .0002 .0004 .00004 .00015 20-29 Hz .0001 .0002 .00001 .0001 30-39 Hz .0001 .0002 .00001 .0001 40-49 Hz .0001 .0002 .00001 .00004 50 and Over .0001 .0002 .00001 .00001 TABLE 3 APPLICABLE VIBRATION LIMITS COMMERCIAL TO RESIDENTIAL AND INDUSTRIAL TO RESIDENTIAL Commercial. Industrial to Residential Measured Levels FreQuencv Permitted Level Ambient Level: C/R Measured @XII. Y6 Ambient Level: I/R Measured!ãl Y5 Rate of Vibrational Strokes Greater than Less than 100IMin 100/Min Less than 100/Min Less than 100IMin Less than 10HZ .0004 .0008 .0003 .0004 10-19 Hz .0002 .0004 .0001 .00006 8 Struck through words are deleted; underlined words are added. 20-29 Hz \.; """" .0001 .0002 .00005 .00002 .00001 30-39 Hz .0001 .0002 .00001 .00001 40-49 Hz .0001 .0002 .00001 .00002 50 and Over .0001 .0002 .00001 (a) The following standards shall be used, as applicable, to measure vibrations: ISO-2631 (Mechanical vibrations and shock - Evaluation of human exposure to whole body vibration); ANSI S 2.2-1959 (RI990) (Calibration of shock and vibration pickups); ANSI S 2.61-1989 (ASA 78) (Mechanical mounting of accelerometers); ANSI S 24.21-1957 (RI989) Characteristics of shock and vibration measurements). (b) PART C, A three component measuring system shall be used to measure vibrations. The testing system shall measure earth borne vibrations in three directions, each of which occurs at right angles to the other two. CONFLICTING PROVISIONS Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, 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. PARTD. SEVERABILITY If any portion of this ordinance IS for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. PART E. APPLICABILITY OF ORDINANCE This ordinance shall be applicable in the unincorporated areas of St. Lucie County. 9 £truek thrsllgli words are deleted; underlined words are added. '-' ...., PART F. FILING WITH DEPARTMENT OF STATE The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART G. FILING WITH DEPARTMENT OF REVENUE The County Attorney shall send a certified copy of this ordinance to the Department of Revenue, The Carlton Building, Tallahassee, Florida, 32301, within ten (10) days after approval ofthe Ordinance. PART H. EFFECTIVE DATE; TERMINATION This ordinance shall take effect upon filing with the Secretary of State. PART I. ADOPTION After motion and second, the vote on this ordinance was as follows: Chairman Doug Coward. XX Vice Chairman Cliff Barnes XX Commissioner Paula A. Lewis XX Commissionerlohn D. Bruhn XX Commissioner Frannie Hutchinson XX PARTI K. CODIFICATION Provisions of this ordinance shall be incorporated in the County Code 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 D to K shall not be codified. 10 í>truck through words are deleted; underlined words are added. '-' """ 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 11 Sffi¡ek tÌlrougÌl words are deleted; underlined words are added. ~/ .~ AGENDA REQUEST '-!-rEM Ncf4E DATE: May 28, 2002 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Victoria Winfield Assistant County Attorney SUBJECT: Ordinance No. 02-18 - Disposition of Surplus Real Property BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff requests permission to advertise proposed Ordinance No. 02-18 for a public hearing at 7:00 p.m. on June 18, 2002. COMMISSION ACTION: ~ APPROVED [] DENIED [ ] OTHER: Review and Approvals County Attorney: Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng.: Finance: (Check for Copy only, if applicable) Eft. 5/96 \w "" INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Victoria Winfield, Assistant County Attorney C.A. NO. 02-722 DATE: May 22, 2002 SUBJECT: Ordinance No. 02-18 - Disposition of Surplus Real Property ---------------------------------------------------------------------------- ---------------------------------------------------------------------------- BACKGROUND: Attached to this memorandum is a copy of proposed Ordinance No. 02-18 which, if adopted, would create Chapter 1-16.2, 'Public Property" and Article I, "Disposition of Surplus Real Property." Pursuant to the provisions of this article, the County could dispose of real property declared surplus by the Board of County Commissioners via an alternative method to selling and conveying real property owned by the County in accordance with the standards of competition provided by the recent amendment to section 125.35, Florida Statutes. If adopted, the ordinance would take effect upon receipt by the Clerk of the Board of notice that it has been filed with the Department of State. RECOMMENDATION/CONCLUSION: Staff requests permission to advertise proposed Ordinance No. 02-18 for a public hearing at 7:00 p.m. on June 18, 2002. Respectfully submitted, Ý(~~W\'1r~ Victoria Winfield Assistant County Attorney VW / caf Attachment '-" ,..., ORDINANCE NO. 02 -18 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, CREATING CHAPTER 1-16.2, "PUBLIC PROPERTY", CREATING ARTICLE I, ST. LUCIE COUNTY CODE AND COMPILED LAWS, ENTITLED DISPOSITION OF SURPLUS REAL PROPERTY; CREATING SECTION 1-16.2-1, ENTITLED PURPOSE; CREATING SECTION 1-16.2-2, ENTITLED DECLARATION OF SURPLUS PROPERTY ; CREATING SECTION 1- 16.2-3, ENTITLED PROCESS BY WHICH INTERESTED PERSONS MAY ACQUIRE SURPLUS PROPERTY; CREATING SECTION 1- 16.2-4, ENTITLED STANDARDS OF COMPETITION AND NOTICE OF DISPOSAL; CREATING SECTION 1-16.2-5, ENTITLED NEGOTIATION PROCEDURES; CREATING SECTION 1-16.2 - 6, ENTITLED NOTIFICA TION OF DISPOSITION TO INTERESTED PARTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE ST. LUCIE COUNTY CODE; PROVIDING AN EFFECTIVE DATE. WHEREAS, section 125.35, Florida Statutes, governs the way in which a county is permitted to sell or convey real property owned by the county; and WHEREAS, the Florida Legislature recently amended section 125.35, Florida Statutes, to provide counties with an alternative method to selling and conveying real property owned by the county; and WHEREAS, the amendment to section 125.35, Florida Statutes, allows counties to prescribe by ordinance disposition standards and procedures for surplus real property; and WHEREAS, the Board of County Commissioners now desires to enact such an ordinance and finds that such an ordinance is in the best interest of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida, as follows: \w ~ PART A. Recitals. The foregoing recitals are true and correct and incorporated herein by reference. PART B. Creation. Chapter 1-16.2 "PUBLIC PROPERTY' is hereby created, Article I, St. Lucie County Code, entitled Disposition of Surplus Real Property of Chapter 1-16.2 is hereby created to read as follows: ARTICLE I. DISPOSITION OF SURPLUS REAL PROPERTY Section 1-16.2 -1 Purpose. This Article is created for the purpose of establishing a method of disposition of surplus County real property in accordance with section 125.35(3). Florida Statutes. Section 1-16.2 - 2 Declaration of surplus proDerty. ÍQ) When the Board of County Commissioners finds that any real property owned by the County is unusable or not needed for County purposes, the Board may declare the real property to be surplus property. Once the property is declared surplus, the property may be sold, dedicated, donated or otherwise conveyed to interested parties pursuant to the terms of this Article. The declaration of surplus property shall be recorded in the minutes of the Board. ßù Once the real property is declared surplus by the Board of County Commissioners, the County Administrator or desiqnee shall have the authority to sell the property to the highest and best bidder. A deed transferring the property to the highest and best bidder shall be presented to the Chairman of the Board of County Commissioners for signature without any further approval of the Board beinq reauired. The County Administrator or designee shall have the authority to re iect all bids if the bids are determined to be too low or not in the best interest of the County. In the event the County Administrator or desiqnee desires to transfer the property to Q person other than the highest and best bidder, the matter shall be presented to the Board for approval. 2 \..- "'" Section 1-16.2 - 3 Process by which interested persons may acquire surplus property. ÍQ) Any person. corporation. governmental body. or other leaal entity may request to acquire surplus real property by submittina a letter of interest to the County Administrator or desianee. The letter shall include the followina information: ill name of the person or legal entity interested in the property; ßì the reason for aCQuirina the property. i.e.. personal. charitable. governmental. etc.; ill the proposed purchase price; and ill the legal description. the alternate key number and. if available. the street address of the property; and @ any other information the person deems relevant. íQ) Upon receipt of the letter of interest, the County Administrator or designee shall verify. whether the property has in fact been declared surplus. If the property has not been declared surplus. the County Administrator or designee shall make a determination as to whether the property is needed for County purposes. If the property is no lonaer needed. then the County Administrator or desianee shall request the Board of County Commissioners to declare the property surplus. Once the property is declared surplus. then the County Administrator or designee shall seek to dispose of the property in accordance with the standards of competition set forth in this Article. ÍfÌ The County may. on its own initiative. dispose of surplus property by followina the standards of competition. Section 1-16.2 -4 Standards of competition and notice of disposal ÍQ) For real property valued more than $ 25 .000. as appraised by the Property Appraiser's Office. the County may sell the property to the highest and best bidder. Notice callina for bids shall be published in a newspaper of general 3 '-' -...I circulation once each week for two (2) consecutive weeks. The County shall have the option to convey the property to the highest bidder or re iect all bids. This procedure applies regardless of whether the surplus property is beina disposed of on the County's own initiative or upon receivina a letter of interest. íQ} For real property valued at $50.000 or more. as appraised by the Property Appraiser. the County shall have the property re-appraised by a fee appraiser designated by a fee appraiser designated by the County. W Alternatively. for real property appraised under $25.000 by the Property Appraiser's Office, the County may ne90tiate the private sale of the property to an interested person. The County shall send notice to all ad iacent property owners by certified mail indicatina the County's desire to dispose of the real property. If. within ten (10) business days after receivina such notice. any ad iacent property owners indicate their desire to purchase the property, the County shall accept sealed bids for the property from the interested parties. The County may then convey the property to the hiahest bidder or re iect all bids. This procedure applies re9ardless of whether the surplus property is beina disposed of on the County's own initiative or upon receivina a letter of interest. {Q} The County. reaardless of the appraised value of the property. may convey such property to another aovernmental entity or charitable institution at a private sale for such price as the Board of County Commissioners may fix. The conveyance shall be done in accordance with section 125.38. Florida Statutes. Section 1-16.2 - 5 Neaotiation procedures. íg) In negotiatin9 the terms and conditions of the disposal of surplus property, the County Administrator or desianee shall take into consideration the following factors: ill The appraised value of the real property; ill The condition of the real property, and the extent to which the party seekina to acquire the property will have to expend funds to make the property useable. or. to brina the property into compliance with the St. Lucie County Code of Ordinances. 4 '- """" m The proposed use of the party seeking to acquire the property. fQ} In no event shall the disposition of surplus property violate the· St. Lucie County Comprehensive Plan or the zoning regulations of St. Lucie County, Florida. Section 1-16.2 -6 Notification of disposition to interested parties. The County Administrator or designee shall publish a notice in a newspaper of qeneral circulation once at least twenty (20) days prior to the Board of County Commissioners' hearinq in which the real property is to be declared surplus. The notice shall contain a description of the surplus property sought to be disposed of, the name of the County Administrator or designee to which ob iections shall be addressed, and the date of the reqular meeting of the Board in which proposed final action is to be taken. Ob iections to the final disposition of surplus property shall be made in writing no later than ten (10) days prior to the final disposition and shall be qiven to the Board prior to making its final decision. PART C. Severability . If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. PART D. Inclusion in the Code. It is the intention of the Board and it is hereby provided that the provisions of Parts A and B of this ordinance shall be made a part of the St. Lucie County Code of Ordinances; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section", "article", or other appropriate designation. PART E. Filing by Clerk. The Clerk shall file a certified copy of this ordinance with the Department of State within ten (10) days after enactment. 5 \.' ...." PART F. Effective Date. This ordinance shall become effective immediately upon filing with the Department of State. PASSED AND DULY ADOPTED this DA Y OF ,2002. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS BY: County Attorney 6 '" . AGENDA REOUEST ITEl\J). C-5 4- DATE: May 28, 2002 REGULAR PUBLIC HEARING [ TO: CONSENT [X ] BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Management & Budget PRESENTED BY: Marie Gouin SUBJECT: Acceptance of funds from North St. Lucie River Water Control District (NSLRWCD) per Inter-local Agreement and approval of Budget Resolution 02-134. BACKGROUND: The County entered into a contract on December 11,2001 with Lucas Marine construction for the Goldsmith Road and Header Canal No. 59 sheet pile installation and embankment improvements. The North S1. Lucie River Water Control District (NSLRWCD), through an Interlocal Agreement with the County, agreed to contribute to the project by transferring FEMA grant funds to the County in the amount of$90,665.00. fu order to use the funds for the intended purpose the Board must budget and appropriate the unanticipated revenue. The attached Budget Resolution 02-134 will accomplish this in accordance with Florida Statutes. FUNDS AVAILABLE: See attached Budget Resolution 02-134 PREVIOUS ACTION: None RECOMMENDATION: Staff recommends the Board approve Budget Resolution 02-134 budgeting and appropriating the funds in the amount of $90,665 from the North S1. Lucie River Water Control District (NSLRWCD). COMMISSION ACTION: [Ii APPROVED [] DENIED [ ] OTHER: CoordinationlS i ¡matures I County Attorney: XX ~' Management & Budget: ~urChaSing: / PWorks Dep~ Central Servic~ \}.J..~ ¡Finance: (Check for Copy only, if applicable) L- ather: Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at 561-462-1777 or TOO 561-462-1428 at least forty-eight (48) hours prior to the meeting. G :\Budgel\ WPlAGEN DA'SlAgenda02\5'28N S LR weD, wpd '-' RESOLUTION NO. 02-134 .-..1 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the North St. Lucie River Water Control District (NSLRWCD) in the amount of $90,665. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 28TH day of May, 2002, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2001-02, and the County's budget is hereby amended as follows: REVENUES 101003-41131-337320-400 NSLRWCD-Physical Env $90,665 APPROPRIATIONS 101003-41131-599330-400 Project Reserves $90,665 After motion and second the vote on this resolution was as follows: Commissioner Frannie Hutchinson Commissioner Doug Coward Commissioner Cliff Barnes Commissioner John D. Bruhn Commissioner Paula A. Lewis PASSED AND DULY ADOPTED THIS 28TH DAY OF MAY, 2002. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY G :\!ludge'\ W PlAGEN DA SlAgenda02\5'28N SLR weD. wpd -, '- " STATE OF FLORIDA NORTH .r- LUCIE RIVER WATE~NTROL DIS. TREASURER OF N. ST. LUCIE RlVERSIC E NA TKlNAL BANK OF FLORIDA FORT PIERCE. FL 34954 53-111"'õiO ~T~T",,= . "WI 5110/02 ~ PAY ïO THE ORDER OF St. Lucie County $ **90,665.00 Ninety Thousand Six Hundred Sixty-Five and 00/100+H,+oU**oUH·++-U'U,.,dHH+ ~ ~ St. Lucie County Attn: County Administrator 2300 Virginia Avenue Ft. Pierce, FL 34982 DOLlARS 6J;cn.,-... . =- . :c.Ql't3lO:. MEMO ~ II" 0 ~ l, ~ l, ~ II" I: 0 b ? 0 ~ ~ ~ l, 21: 0 ~ 0 2 ß L, 2 b 0211' 0 ~ STATE OF FLORIDA NORTH ST. LUCIE RIVER WATER CONTROL 015. ¡ TREASURER OF N. ST. LUCIE 14141 St. Lucie County 452' Deferred Revenues 5/10/02 90,665.00 Riverside - Opera 90,665.00 " '- FEE, KOBLEGARD & DeROSS ATTORNEYS AT LAW ""'" An AffiJiluiDn of ProfwillNll A=ciIuiDIlS 401 SOUTII INmAN RIVER DRIVE FORT PIERCE. R.ORIDA 34950 FRAN K H. FEE. III R.N. KOBLEGARD,III.· Board Ctrtijid Civil T riJJJ /.awy<r of FEE & KOBLEGARD, P.A. FRANK FEE (1913-1983) OTIS R. PARKER, JR. (l9 ()·1982) JOSEPH 1. DeROSS, JR. of JOSEPH J. DeROSS, JR., P.A. ::-1 TELEPHONE .í;,,}:{n¡'flS~1 == May 9,2002 iUÙ¡ MAY I 0 2002 i01 (772)468·8461 I : L--.-~ , , CGJNTY AïïORNE\~ Daniel S. Mcintyre County Attorney 3rd Floor Admin. Annex 2300 Virginia Avenue Fort Pierce, FL 34982-5652 Re: Interlocal Agreement/North St. Lucie River Water Control District Goldsmith Road/Header Canal Dear Dan: I am pleased to enclose the Interlocal Agreement prepared by your staff that was executed on behalf of the North St. Lucie District at its last monthly meeting held April 25, 2002. Also enclosed is the District's check for the participation amount mentioned in the Agreement. I am sending both the Agreement and the check in your care as I am not sure exactly who should receive it. Don't hesitate to call upon me if there is anything else the District needs to do or furnish, Ver¡ truly yours, ~ Frank H. Fee, III FHF/csm enclosures - , '-' ....I INTERLOCAL AGREEMENT THIS AGREEMENT is entered into thisdS1t.cJay of ~R" I 2002, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, and NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT, a special taxing district, hereinafter referred to as the "District". WHEREAS, the County has entered into a contract dated December 11, 2001 with Lucas Marine Construction, Inc., for Goldsmith Road and Header Canal No. 59 Sheet Pile Installation & Embankment Improvements (the "Project") within the jurisdiction of the District; and WHEREAS, the District would like to contribute to the project by transferring FEMA grant funds to the County in the amount of Ninety thousand six hundred sixty-five and 00/100 dollars ($90,665.00). NOW, THEREFORE, the parties agree as follows: 1. Authority This Agreement is entered into pursuant to Section 163.01, Florida Statutes, Florida Interlocal Cooperation Act. 2. Administrator of Grant The District agrees to transfer FEMA grant funds in the amount of Ninety thousand six hundred sixty-five and 00/100 dollars ($90,665.00) to the County for Project construction within thirty days of execution of this agreement. The District shall direct all inquiries regarding the Project to the County unless prior written approval is received from the County permitting the District to contact Lucas Marine Construction, Inc. Page 1 of 4 '- ~ 3. Amendment This Agreement may only be amended by a written document signed by all parties and filed with the Clerk of the Circuit Court of St. Lucie County, Florida. 4. Notice All notices, requests, consents and other communications required or permitted under this agreement shall be in writing. AS TO DISTRICT WITH A COPY TO: North St. Lucie River Water Control District 2721 S. Jenkins Road Fort Pierce, Florida 34981 Frank H. Fee, III, Esquire Fee, Bryan & Koblegard, PA 401 S. Indian River Drive Fort Pierce, Florida 34950 AS TO COUNTY: WITH A COPY TO: County Administrator 2300 Virginia Avenue Fort Pierce, Florida 34982 St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 St. Lucie County Engineer 2300 Virginia Avenue Fort Pierce, Florida 34982 5. Record Retention; Inspection The County agrees that the District or any of its duly authorized representatives shall, until the expiration of three (3) years after expenditure of funds under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of the County involving transactions related to this Agreement. The District agrees that the County or any of its duly authorized representatives shall, until the expiration of three (3) years after expenditure of funds under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of the District involving transactions related to this Agreement. 1 Page 2 of 4 '- "'" 6. Public Record The County and the District shall allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by them in conjunction with this Agreement. 7. Assignment Neither party shall assign this Agreement to any other persons or firm without first obtaining the other party's written approval. 8. Effective Date This Agreement shall be filed with the Clerk of the Circuit Court of St. Lucie County, Florida, prior to its effectiveness. 9. Whole Agreement This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained therein, and this Agreement shall supersede all previous telecommunications, representations, or agreement, either verbal or written, between the parties hereto. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the date stated below. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Deputy Clerk Chairman , Page 3 of 4 \w ATTEST: ._ '~ . I .. 1 ..' y '. / ... / '" ./,.. í i: (/' 1. V'/.;Ô...-l.-C·i( l.ðJYJj~- , eterl{-~~ / ...tI APPROVED AS TO FORM AND CORRECTNESS County Attorney APPROVED AS TO FORM AND COR~':9J- 7 Attorney for the District Page 4 of 4 AGENDA REOUEST ...""J ITEM NO. C-5B DATE: May 28,2002 REGULAR [ PUBLIC HEARING [ TO: BOARD OF COUNTY COMMISSIONERS CONSENT [ X ] SUBMITTED BY: Office of Management & Budget PRESENTED BY: Marie Gouin SUBJECT: Winch, Reaction and Sag Bars for Civic Center Stage Curtain BACKGROUND: In March 2001, a company confirmed the findings of the County's Risk Management Office that the fire curtain in the Civic Center positively contained asbestos. While the company was conducting their survey, it was also determined that the stage equipment needed a great deal of work as well. This equipment is 25 years old and had been damaged over the years. Based on this report, a determination was made that the "asbestos" contained in the fire curtain and the condition of the stage equipment constituted a safety hazard. Funding for this project was approved during the BOCC capital projects workshops, held on August 13,2001 and September 25,2001. Staff is recommending the approval of Equipment Request 02-222 in order to properly capitalize the purchase of the Winch, Reaction and Sag Bar for the Civic Center stage curtain. FUNDS ARE AVAILABLE IN: 316-7510-564000-150017 PREVIOUS ACTION: NONE RECOMMENDATION: Staff recommends the purchase of the Winch, Reaction and Sag Bars for the Civic Center stage curtain and approval of Equipment Request 02-222. COMMISSION ACTION: ~~ APPROVED [] DENIED [ ] OTHER: ï~ oug Anderson County Administrator ) County Attorney: XX ;r- CoordinationJSÜmatures ""'.''''''''''' & BOOg<t XX tdL)~m'h;p7t Public Works: Other: Parks ,{. f7 !..-/'V I ,~ Originating Dept: Finance: (Check for Copy only, if applicable) XX G:\Budget\ WPIAGEN DA'S\Agenda02\Curtain- 5- 28. wpd tIJ 0::: W ZN oC? -.... tlJo tlJo -N :to::: :tc(N OWO U>O >..IN I-c(CÖ ZUN :)tIJ....... Oü:< Uo::::t OLL 0 .. LLW Ol-~ O:::tlJO c(w O:)c( mOO >WZ I-O:::W ZI-G :)zc( ow u:t w!!: -:) Uo 3w ¡..; tIJ ¡:.:: z w :E w ~ -I 0. W 0::, ~ w z· ZI,· -Ic' «I ~. c::: W· ~~ :::l Ü ; ~ ¿. ~ . iì5 ... ~ c::: ( ) Ü o '::; ë3 ... .e ~ ;< ~ , Ctl ;. - lil' .'.., CI) "0 c:: ~ c::: ~ o ~ ( ) 0:: , ,-. a 1IJ CI) S; ~ .~ ';J a'%· lIJi CI):" S^~· lJ.J~ 0:: .;,.. c. . o ~ o ~ CI) ~ CI) ~ ;" I', c o w o z w :E :E o o w 0:: I, I'; 01" wl-·' > o 0:: 0. 0.' « , . ...~ , : :,' ; ~ o ¡::: ùS 0:: ~ 0:: ~ oq: CI) ::.::: 0:: ~ Ìi' ;', I" 0:::" ~~ ~;:;: lIJh ü.', ü::' J:::." S;. 0 __; .S Ü ~ .' :! ....' ¡:.: z w :E ~ cr:: « 0. w o '. ¡:.: z w :E 0. :5 CJ w z. o ¡¡; 5= Õ I- ~'. ~ 1IJ ',. ü ~ 0:: ,-- 0: '" Ol o .... ~ ¡:.: ·,.C Z :) o :E « ~. w C) o :) al ;.;. ,,:'\ '" I?'o '\' I;' :, , , I 1;'·'- I ; e! tll .Q Ol g¡ .... o ~ e C\ "0 c::: ~ ... ~ .Q c::: ~ o tll e "0 c::: tll -§ .S: ~ ...., .... o ¢(ij ~ ( ) ._ "0 :1:::.... III ~ 8.e ... Ol ~~ c:::"O ~~ .0 ~ .~ c::: ü.... Q) ã5 :S E c::: .s. '- :::l ,c:::_ 0- tll Q) "t:Q) a Ol .s e III .." ( ) Q):S :S- .... tll caS 1:: :S"O Q) Q) ( ) E: o .S: ( ) IE E 0 0" .!!! ( ) . Q. ~~~~ E:o~al Q).!Q( )( ) 0l~J:::.c::: tlllll....O c::: ro ... III ~~~7ã .:.::~o;::::: .!!¡ ~ al'~ 0:: ( ) Ol.... ~ ~ c::: ,lIl :::l <:- ( ) -è-lIlc¡¡E: § .~ "0 .s. o ( ) c::: :::l ü:s( )g- Q) Ol~ Ol :S :§ "0 .~ .... 0 tll =- O:::lJ:::.O (1)"0 :::::: Olc:::-g.e ~ 8 tll ( ) c:::lIl!:1:S .." tll 0 " Q) ~ ~.s: :S 2 tll ~ "0 tll ~ :::l Q)Q.--O ê § ~ ~ ~ (,).~ ~ OQ)....lIl 0:Sã5~ 2~ E 1: ~,.c:::,s.Q) ~~ :::lÜ o CIj g-.~ <.l 0 III .- tllêi;:E:ü " Q) ¡...; Q) o~-':S O~-Ol C\ "0 ~ .S: J:::. ( ) <.l ¡:.s: ~.!!! ~ ~~ ~ c::: 0 ~ c::: _ u ~_ "- .... o o '" .... , o o o ~ <c '" , o .... ~ , <c .... C") Ii:: w al :E :) z ~ z :) o o o ~ C\ C\ C\ , C\ o o 1IJ :it o W 0:: ~ Z w :E 0. :5 CJ w z o ~ ~ u.. ¡:: CIl :) .., ..... AGENDA REQUEST ..,.I ITEM NO. C5c.. DATE: May 28,2002 REGULAR PUBLIC HEARING [ CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie Gouin SUBJECT: FY 2001 Audit Expenses BACKGROUND: The Office of Management and Budget has received a letter from Ernst & Young, LLP, the Auditors for the St. Lucie County Board of County Commissioners, containing a bill for $15,500 for additional services rendered. The letter states that the increase is required due to the necessity to comply with changes in the Florida Single Audit Act (FSAA), Section 215.97, Florida Statutes. These resulted in a significant change in the scope of services to be provided. In past years, testing compliance took between 4 - 8 hours for each grant, of which last there were two. Beginning July 1, 2000, the auditors are required to test 50% of all State grants given to Counties categorized as a 'High Risk' auditee. Since this is the first year St. Lucie County is being audited under the FSAA, the County is categorized as 'High Risk'. The auditors must also issue an opinion on compliance, versus a report on management's assertion they are in compliance. Based on the new criteria, Ernst & Young, LLP estimate it will take between 15 - 20 hours per grant to audit. There will be seven grants chosen for testing. The Board has budgeted $200,000 in fiscal year 2002 for Accounting and Auditing. There is currently $76,100 remaining in the account which can be used to pay the additional fees. FUNDS AVAILABLE: Funds are available in 001-1300-532000-100 General Fund -Financial and Administrative PREVIOUS ACTION: None. RECOMMENDATION: Staff recommends the Board direct the County Attorney to review, and if necessary update the contract with Ernst & Young, LLP and allow the Office of Management & Budget to process a change order to the existing Purchase Order in order to pay the additional fees. 1 attachments: Letter from Ernst & Young, LLP G:\Budget\WP'AG·t::\'DA'S\Agenda02\.5'28 Auditor BilLw-pd ~ \w COMMISSION ACTION: [XJ APPROVED [] DENIED [ ] OTHER: County Attorney: XX [k Originating Dept: CoordinationlS i gnatures Management & Budget: XX \.f'nrvt ~ Purchasing: Public Works: Other: J Finance: (Check for Copy only, if applicable) XX G:\Budget\WP\AGENDA'S\Agenda02\5'23 A Llditor Bill.wpd II ª-/ ERNST & l'6UNG w January 28,2002 . Ernst & Young UP Suite 1700 390 North Orange Avenue Orlando, Florida 32801-1671 . Phone: (4071 872-6600 www.eY.com W"P'.l'.s\';;:::::::' ':=- r.... - 6 L Ms, Marie Gouin, Management and Budget Manager St. Lucie County Office of Management and Budget 2300 Virginia Avenue Ft. Pierce, FL 34982 C"";~. ll:::::~ c:~:..-· :"!<: _" Re: Amendment to the Agreement between St. Lucie County and Ernst & Young, LLP. Dear Marie: The Florida Single Audit Act (FSAA), Section 215.97, Florida Statutes, is effective for the fiscal year beginning on or after July 1, 2000. The FSAA states that all nonstate entities that have State Financial Assistance expenditures greater than or equal to $300,000 must comply with this Act. St. Lucie County has approximately $3.7 million in State Financial Assistance expenditures for the year ending September 30,2001. The New Act was established to have unifonn State Audit requirements for state financial assistance and to promote audit economy and efficiency. This Act was established to parallel the federal audit requirements and therefore involves additional audit procedures to be prefonned by the auditors. Under the "old" State requirements, Section 216.349, Fl. Statutes, Grants and Aids Appropriations, we issued an attestation report on management's assertion that the County was in compliance, which was limited to testing compliance with Allowable Costs. This took approximately 4-8 hours to perfonn for each State grant chosen for testing and included two grants in the prior fiscal year. Under the new FSAA, Section 215.97, Fl. Statutes, we are required to select the grants to be tested on a risk-based approach and also test all grants greater than $300,000. Since this is the first year auditing the grants under the FSAA, the County must be categorized as a high-risk auditee and therefore we must also ensure we test at least 50% of all State grants (rather than 25% for a low-risk auditee as can be applied for federal grant testing if an entity meets certain criteria). We are also now required to issue an opinion on the compliance requirements, which are prescribed procedures issued by the State, rather than a report on management's assertion. This has caused a significant change in scope and services to be provided to the County because we must now test ten compliance requirements for each grant selected (rather than perfonn limited procedures for one compliance requirement under the old regulations). We estimate that this will take approximately 15-20 hours to perfonn for each State grant chosen for testing. A Member PrJctice or Ernst &. Young Glob,]; ~ 'WfI Based on the criteria above and our review of the State grants to be tested, our additional fees for the fiscal year ending 2001 are $15,500 for testing seven State grants based on our contract rates as follows: Staff Estimated Hourly Estimated Level Hours Rate Fee Staff 120 $ 95 $11,400 Senior 20 115 2,300 Senior Manager 10 150 1,500 Partners 2 295 590 Totals 152 15,790 Amount to Bill $15,500 Please sign one copy of this letter and return to Ernst & Young LLP, 390 North Orange Avenue, Suite 1700, Orlando, FL 32801, attention: Mike Murphy. The second copy is for your records. Sa:r~ J;~ V odenicker Partner Agreed to by St. Lucie County Name Title Date , \.' ã!J ERNST & YOUNG LLP ..." INVOICE NUMBER: May 7, 2002 21481433 PLEASE REMIT TO: St. Lucie County Ms. Marie Gouin 2300 Virginia Avenue Fort Pierce, FL 34982 Ernst & Young-Atlanfa-406725 Bank of America P.O. Box 406725 Atlanta, GA 30384-6725 EIN: 34-6565596 BU: US017 CLIENT NUMBER: 60012310 For professional services rendered as follows: Billing for the single audit of St. Lucie County for the year ended September 30, 2001 Total Due $15,500.00 PLEASE PAY BY INVOICE NUMBER ~'ID ENCLOSE REMITI ANCE COPY DUE UPON RECEIPT CLIENT COPY ,.. AGENDA REQUEST ""EM NO. C-6-A DATE: May 28,2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Purchasinq Michael Rath, Purchasinq Director SUBJECT: Award of Bid No. 02-040, Purchase of Herbicides, Pesticides and Fertilizer BACKGROUND: On March 20, 2002 bids were opened for the purchase of Herbicides, Pesticides and Fertilizer as needed by the County Departments. Seven hundred eighty-one (781 ) vendors were notified, twenty-two (22) bid documents were distributed and eleven (11) bids were received (tabulation attached). Staff has reviewed the bids received and found that several suppliers bid products that were not considered to be equal to the products specified and recommends that the award be made lowest bidders, meeting specifications, by item, to multiple suppliers to ensure availability of product, as listed on the attached Bid Award spreadsheet. FUNDS AVAilABLE: Funds will be made available from the various Departments operating supplies accounts on an as-needed basis. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends award of Bid No. 02-040, Purchase of Herbicides, Pesticides and Fertilizer to the suppliers listed on the attached Bid Award spreadsheet and authorization for the Chairman to execute the Agreements as prepared by the County Attorney. COMMISSION ACTION: ~ APPROVED [] DENIED [ ] OTHER: -- -""'¡ '--;',j--/' . . 4 County Attorney:(X) Jv. Mgl. & Budget ( ~ Purchasing Mgr.:(X) ~ <~r·'·-_ Originating Dept: Other: Other: Finance: (Check for Copy only, if Applicable) Eft. 1/97 \.,; ~ (.o,)wt.:¡WW(..Jc..JWNNN -. 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" '" '" 6 o '- ....J ~t®m§ ~YJtt M®®tt~~9J §¡pl®cüficæ¡ttüYJIJ1)§ Item #16 - Daconil: Diamond R Fertilizer and Southeastern Turf did not bid as specified. Item # 19 - Distance Fire Ant Bait Diamond R Fertilizer did not bid as specified Item #22 - Dursban Pro Diamond R Fertilizer did not bid as specified Item # 23 - Dursban (granular) Diamond R Fertilizer did not bid as specified Item #24 - Dyne-amic Diamond R Fertilizer and Pro Source did not bid as specified Item # 28 - Garlon Diamond R Fertilizer did not bid as specified Item # 32 -llIoxan Southeastern Turf did not bid as specified Item # 34 - Infiltrix Diamond R Fertilizer did not bid as specified Item # 35 -Impel Red Diamond R Fertilizer did not bid as specified Item # 36 -Induce Diamond R Fertilizer did not bid as specified Item # 37 - JBL Oil Diamond R Fertilizer, Helena Chemical @ Lakeland, and Pro Source did not bid as specified Item # 39 - Liquid Iron Diamond R Fertilizer did not bid as specified Item # 55 - Primer Diamond R Fertilizer did not bid as specified Item #58 - Rodeo Future Horizons did not bid as specified Item # 59 - Round-up Future Horizons and Southeastern Turf did not bid as specified Pê¡Ç;2 ,¡ '-' -...I ltem # 60 - Round-up Pro Diamond R Fertilizer, Future Horizons, and Southeastern Turf did not did as specified Item #65 - Subdue Max Diamond R Fertilizer did not bid as specified Item # 89 - Sulfate of Potash (0-0-50) Diamond R Fertilizer did not bid as specified Item #90 - Sulfate of Potash (0-0-22) Diamond R Fertilizer did not bid as specified Item #91 -11-2-22 3.03Mg, .5Mn, .4Fe Diamond R Fertilizer did not bid as specified Pa-ç;s 2 .... 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( ) co 0) » ã N :r ( ) ...... 0) ~ I ...... co S' :::::l (¡) o c ~- w::T WCD 03 O(¡) 0- Cl CD en d CIJ en -l Gl (¡) Gl 0 0 c 0 -00 ~Q. c 0 :::::l ~ õ- 0 .... :::::l r~ ~ :::;; W ~@ Ï\,)ï co- W @ CD en ..... co< Nºl < -. .þ. ..... '< co -. en 3@ N 0 .þ. en;O:- 0> CD m:::::l .þ. CD 0 OCD . :::::l O(¡) 0 :::::l en S2-. 0 c W 0- e- o 0 0 g 0 oen OC 0- 0 0 Cl 0 .... Cl .... CD ..... ctl CD ctl 0 0 0 en en en CIl -l CIJ 0 0 c Z :::::l ~ Z Z Z Z @ :..... 0 0> CD 0 0 0 0 IlJ W N 3 IlJ IlJ IlJ IlJ 5 N en CIJ 5 5 5 5 en 0 ãi 0 CD 0 en -0 tll co CD 0:> '- ...." .. BID AWARD FORM Department: All St. Lucie County Departments Bid #: 02-040. Purchase of Pesticides. Herbicides, and Fertilizers Vendor Name Vendor #1 Adapco, Inc. James L. Barr, Vice President 2800 S. Financial Court Sanford, FL 32773-8118 Phone (800) 367-0659 Fax (407) 330-9888 Vendor #2 Biko, Inc. R. Myers, Manager P.O. Box 522 Hernando, FL 34442 Phone (352) 527-8482 Fax (352) 527-8481 Vendor #3 Diamond R Fertilizer Eric Childs, Sales Representative 41 00 Glades Road Ft. Pierce, FL 34981 Phone (772)201-5237 Fax (772)464-9308 Vendor #4 Helena Chemical Co. Bo O'Neil P.O. Box 5115 Tampa, FL 33675 Phone (813) 626-5121 Fax (813) 664-8575 Vendor #5 Helena Chemical Co. Tammy Gould, Administrative Assistant 2101 E. Edgewood Drive Lakeland, FL 33803 Phone (863) 665-5800 Fax (863)667-4651 \.. ..., . Vendor #6 Golf Ventures, Inc. Tammy Gould, Administrative Assistant 2101 E. Edgewood Drive Lakeland, FL 33803 Phone (863) 665-5800 Fax (863) 667-4651 Vendor #7 Lykes Agri Sales Tammy Gould, Administrative Assistant 2101 E. Edgewood Drive Lakeland, FL 33803 Phone (863) 665-5800 Fax (863)667-4651 Vendor #8 Pro Source One David Ackley, Florida Turf Sales Manager 7361 Commercial Circle Ft. Pierce, FL 34951 Phone (772) 466-6607 Fax (772) 466-8829 Vendor #9 Southeastern Turf Grass Supply, Inc. Robert H. Wicker, President 6942 Phillips Parkway Drive, N. Jacksonville. FL 32256 Phone (800) 327-7218 Fax (904) 262-6733 Vendor #10 Southern States Fred Marshall, Regional Account Manager 4630 Willow Bend Drive Melbourne, FL 32935 Phone (321) 720-0651 Fax (321) 242-1913 ... AGENDA REQUEST .~ ITEM NO. C-6-B DATE: May 28,2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasina Department Michael Rath, Purchasina Director SUBJECT: Award of Bid No. 02-052, South 25th Street Landscaping (Midway Road to Airoso Blvd.) BACKGROUND: On May 10,2002 bids were opened for South 25th Street Landscaping (Midway Road to Airoso Boulevard). Nine hundred twenty (920) vendors were notified, thirteen (13) bid documents were distributed and six (6) bids were received. The low bidder, Big Lake Landscaping & Irrigation, Inc., has requested that their bid be withdrawn due to errors in the submission (letter attached). The Public Works Department has reviewed the bids received and recommends that the bid be awarded to the second low bidder, Sterling Silver Scape and Sod, Inc., in the amount of $261,121.71. Recommendation and tabulation attached. FUNDS AVAILABLE: Funds will be made available in Transportation Trust/Impact Fees Account No. 101006-4116-563000-4109 and will be made available in Transportation Trust/Local Option Account No. 101003-4113-563000-4109. Funds will be transferred from 101006-4116-561007-4108 (S. 25th Street Phase I) Transportation Trust/Impact Fees in the amount of $22,359 and transferred from 101003-4113- 599330-400 in the amount of $100,000, which were approved by the Board at Capital Workshops. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends award of Bid No. 02-052, South 25th Street Landscaping (Midway Road to Airoso Blvd.) to the second low bidder, Sterling Silver Scape and Sod, Inc., in the amount of $261,121.71, authorization for the Chairman to sign the contract as prepared by the County Attorney and authorization to transfer funds from 101006-4116-561007-4108 (S. 25th Street Phase I) Transportation Trust/Impact Fees in the amount of $22,359 and from 101003-4113-599330-400 in the amount of $100,000. COMMISSION ACTION: ~ APPROVED [] DENIED [ ] OTHER: CE: County Altomey.(X) r , r 7;v' V'-' Coordination/Signatures Mgt & Budget (Xl .W '"1ì1M~'ì Other: Originating Dept:: Finance: (Check lOr Copy only, if Applicable) Purchasing Mgr.:(X) Other: .12.. \."1 Eff.1/97 ~ N Il) 0 . 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UJ..J 04:J: ~~ C)lli WCi) <!i: z~ ::!ð -:::.::: I-lI) :;)" ECo UJi: zf2 UJli: >..J <C~ ...", M o ... cø N Ol " c W I- ;:) lQ ~. æ c I- W lI) g; Õ l- ll) ë 0 I- Z Z W lI) W > W :E jjj E Z ;:) 0 « 0 W 0 0 0:: lJ D. C ~ :e lI) III 0 C C - 0 ãi ãi r/ 'tl u. u. u. c 0 0 0 III 0:: 0:: 0:: E W W W CIl a:l a:l a:l 'tl ::æ ::æ :æ .... ;:) ;:) ~ CIl C :z "ZI 'Z :~ I , . ...,¡ BIG LJUŒ LANDSCAPING . IRRIGATION, INC. t 54' N.W. 98TH STREET OKEECHOBEE. FL 34972 May 16,2002 RE: Bid #02-052 Dear Don West, We regret that we will have to withdraw our bid for the 25th Street landscape and inigation project. There were some items that were over looked at the time we put our bid together. We teel we may not be able to complete this project adequately with the numbers bid Thank you for your time and we are sorry for any inconvenience that may have been caused Sincerely. Angelo Lopez Phone(161)3S7.1344 Fax ("1)lS7~St.. '- ...., , DIVISION OF ENGINEERING MEMORANDUM 02 - 160 -.-.---.-.-.-.--.-.-.....-....-.---.---...-..-.....---------------. -.-.---.-------...................................-...-'-'-'-'-.-. ._._-_._-_._---~.---.-.---.-.-.-----_._-_._-_._-_._-_..-..,-...-...-...-.......-...-...-.-.-.-.-...-...-...-.".-.".-.".-.-.-.-.-.-.- -.-.-.-.-.-.-.-.-.---.",-.---.-.-.-.-.-.".".-.-.-.".-.".-,"--.-----.---.-.-.-.",-.",-.".-:'.-.-.-.".-.".-.-.-.",-...-..,-...-...-.... .._._._._-----------------~---------_._._-~----------------.-...-.. _...............___.____un_.......__n__U____._Hnnnn_..... ...--.....-.-..---.--.-.---.---.----.-------.---..-.---------"----- .~ ,~ TO: FROM: Michael Rath, Purchasing Director Donald West, County Engineer~~ . May 20,2002 . . T" ,) ~.,._-' ,'--, ~_...." DATE: ':,~,i'1 ''.J'Î SUBJECT: Bid #02-052 - S. 25th St. Landscaping (Midway Road to Airoso Boulevard) On May 10, 2002, bids for the subject project were opened in the Purchasing office. We have reviewed all six bids received. Two of the bids had multiplication errors, which we corrected using the unit price they provided. The apparent low bidder has withdrawn their formal bid as per attached memorandum. Based on our review of the bids, we recommend award of the contract to the second low bidder, Sterling Silver Scape and Sod in the amount of $261,121.71. The following budget is established for the project: Construction: Testing: Reserves: TOTAL: $261,122 $ 2,500 $ 16.378 $280,000 Funds will be made available in 101006-4116-563000-4109, Transportation Trust -Impact Fees. Funds will be made available in 101003-4113-563000-4109, Transportation Trust - Local Option. Funds will be transferred from 101006-4116-561007-4108 (S. 25th St. Phase I) Transportation Trust - Impact Fees in the amount of $22,359. Funds will be transferred from 101003-4113-599330-400 in the amount of $100,000, which were approved by the Board at capital workshops. , H 8 f fi e iiH Š~ . on 0.. .tf . :i§æ .œ . s~ ~ ] -; ¡( .. . .5 .. c -! ~¡=CL. § li ., :> . ~;al:3 .~ Is;§ æ i 1 z> ~ ! Cl c 'ii ro o Ul 'tl c ro ...J 'Íi . '¡' a. \., 888¡;:88 UUU g;t~~g!Í ;; ........ ... .~ ~.. UU¡;:1i! ~ãUH ~ lON'-1Ø tit ..."'...... H aua~¡;: UU'l~ ~t:œ~&a ¡¡ u a88888 ~_~U~g ;!: :UI II ¡¡ u aaaau UU¡:¡§ ~Ü:~~ .. :; . d ~äUUI ¡¡¡ :;;:::¡¡: """'" ~ 8 au ~ ..! ~ ~ ~ 'l í - ha ! 88 aaaa :q UU i" ;......= Ii! i:; ill o ~ t- .. .; .. .. .. 8888888888 ~~~:2;i~~~lri~ tt..~~;..ìtw.!.. 888iiliiliiliil8iil8 ~ â~1i~¡¿~;t~~= B; 11 ! .. '" .: .. ¡¡ i8i3g::~Ill!1;;l;:a ~~g~~~g§l~ $ggt¡¡¡¡~i1Îr 18 ~ IIPllllliH'i ~ :q lÓllllllãl'lI2I!!:;ji'ii!l! Pl....r-. l'I"'fØ¡"'V1~ s"r.i ';¡¡û;;; ~~~~lì :;~qa! :gill¡;~:;j¡ ¡¡&l~_ u¡;t:a...u.t':¡;:¡. ~:!!t::õðøGt;;;i! lin ~~ti;!igagg::'ö: ..... .. ... ....... 'i1 lå\ aaa8¡;:~8aaa ~~a~~~~~¡;:8 ~ !~~~~.~¡.~ ~-~a--.~~~ ~ g~ggg¡¡ag~; ;t~;;ãa¡¡;:¡¡; ~ .. .. a ~ a a a ~ ¡;: a 8 a !lH!EUn .~~ ~~!i~~;e!if!¡eg ~it lia¡;¡li:n;¡jlitii1i .~ ~1: r~ i!! g .. .: o :;t aaaUU8§8 UH~~ãi!i~r¡ ¡htia:i¡¡~ti!.. a¡¡:qau~au ~§gU~H~ ; ... ø, ........... 888aa8aa88 8iil~8~8~88iil ~ H~H~Hää liá;Ii¡¡¡¡¡¡Ii::/1i !ãï 8:q¡;:aaaaa¡;:a ~a~~8*~~~~ ~~~~~~~~~~ !~~~gl5~li ~U=;~;;~a¡; ...... ..... - :; ~- ;¡; '" .. a:qaa888aaa ~8;~~~-~~s ~ ~;~R~~;~~iil :i~~i~~aågti a..¡;;tt¡;¡¡"¡¡£lZl :q¡¡a~~~~aa~ ~~~~~~~~~~ ii5~~~¡~~~ ¡~~~ii'.ii Úig~:;~~!W ~;; ;~ - "" N "" .. Ñ :2 .. 8 ~ ¡¡:q ¡;::q~ :qiq:q â H~S~_qill~ """"""""....u..ttu. ~ ~ ~ ~ ~ ~ ~.~ ~ ~ ::;¡utiatiati~~ AGENDA REQUEST ...., ITEM NO. C-6-C -, DATE: May 28, 2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Purchasinq Michael Rath. Purchasinq Director SUBJECT: Rejection of Bid #02-045 Research Center Road Landscaping BACKGROUND: On March 13,2002 bids were opened for Research Center Road Landscaping. Seven hundred forty-nine (749) vendors were notified, eight (8) bid documents were distributed and four (4) bids were received. The Public Works Department has reviewed the bids received. As the bids received exceed the proposed budget, it is staffs recommendation that all bids be rejected, the specifications be revised to reduce the cost and that the bid be re-advertised. FUNDS AVAIL.: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends rejection of Bid No, 02-045 for Research Center Road Landscaping, that the specifications be revised and a new bid be advertised. COMMISSION ACTION: !\ APPROVED [] DENIED [ ] OTHER: County Attomey:(X) ~n , , '/ y- Coordination/Signatures Mgt. & Budget '})ti) ~~ Other: Originating Dept: Purchasing Mgr.:(X) Other: '- /?.- Finance: (Check ibr Copy only, if Applicabie) Elf. 1197 \., CI) 0::.." W"d' Zo 0' _N Cl)O ~~e z:E£O :J:E. 0°1- o°ltl W>-:I: -I-CI) oz :J:Jz ..Joo " 0 - t;LL~ O..J C) c:J 0::£0 Z ca:~ ii: :æ ° ca: D. £0 0 0 CI) M C Z N ~ (§) C N ca: 0 0 ° N 0:: M- 0:: "I"" W :I: I- 0 Z 0:: W C) ca: 0 z :æ :I: æ 0 0:: W C ca: W W Z W ë:5 z CI) W W Z D. 0:: W ° c ãi Ln 0 0 0 w ~ Ln 0 ( ) ~ N an ~ ,...: Ln N 0 0 Z M CO '''It_ q 0:: ...¡ Ñ "I"" (0 W (0 ...... ...... (0 ~ ~ ~ ~ ~ ca: 0 C Ln Ln 0 ~ ãi CO ~ ~ ( ) an "I"" 0 M W N Ln N "I"" M 0 "I"" ......- CI) ò I() ......- ...... ca: ...... ...... ...... ~ £0 ~ ~ ~ 0 z - c ° CI) 0 c Z D. Z ca: 0:: - en - w 0:: ° Z tn D. 0 0 C) C ca: c en en "õ. 0 z 0:: w co en w w c u > :I: III 0:: C "C W I- C..J 0 Z > ~ COli.. ..J O::..J ..J ~ U)..J £O~ zltl ~!ã! W..J o:%: C)~ ~u. enO ZW o~ ~ _W :I: ~ ..J::æ ~~ CI)~ oð~ o::::æ z< wCñ o::::æ :J:::l ~o I-en ca:~ CI)~ >..J Cl)S2 "" O'J "'" .... ';' o W ¡:¡: ¡::: o z en W z < c.. ::æ o o II.. o ~ W ED :E :::l Z E o " ..: (l - (/ "'C l:: (l E Q) "'C ... Q) a. CIO "'" ';' o W I- :::l ED it: I- en c en I- z W ::æ :::l o o c C ED II.. o ~ W ED :E :::l Z c W > W () W ~ en C ãi II.. o ~ W ED :E :::l Z \w .."" " ENGINEERING DIVISION MEMORANDUM 02-166 '~'~ ~ ..:;:::; -c: ;......'" ':? From: Michael Rath - Purchasing Manager Michael Powley, P.E. - Capital Projects Engineer M Ij P 1, ,....., ~; ;,AJ To: Date: May 21, 2002 Subject: Reject Bids for Research Center Road Landscaping - Bid No. 02-045 Bids for Bid #02-045 were opened on March 13, 2002. We have reviewed all of the bids received. As they all exceed the proposed budget, we wish to reject them and rebid this project. After we revise the bid documents to bring this project within our budget, we will contact your office to coordinate the dates. cc: Don West. P.E. - County Engineer Anita Neal - County Extension Director AGENDA REQUEST "'" ITEM NO. C-6-D DATE: May 28,2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Purchasinq Michael Rath, Purchasinq Director SUBJECT: Donation of Fuel Tanks, Pumps, Associated Piping and Controls to the S1. Lucie County Sheriff's Office BACKGROUND: The County currently owns and maintains the fuel tanks, pumps, associated piping and controls located at the S1. Lucie County Sheriff's Office that staff is requesting to be considered surplus. The Sheriff's Office has requested that the Board of County Commissioners donate this equipment to them for their use in accordance with Florida Statue 274.05. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the of Fuel Tanks, Pumps, Associated Piping and Controls be considered surplus and that they be donated to the S1. Lucie County Sheriff's Office. COMMISSION ACTION: [~~ APPROVED [] DENIED [ ] OTHER: County Attorney:(X) r\ ,~/ ,t:.. '1/ Coordination/Signatures Mgt. & Budget :(X) ~ Other: Purchasing Mgr.:(X) ,¿ß . Originating Dept: Other: Finance: (Check for Copy only, if Applicable) Eft. 1/97 4> ~ 'wtI AGENDA REQUEST ITEM NO. (2;--1 DATE: May 28,2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Dennis Wetzel, Director SUBMITTED BY(OEPT): Information Technology SUBJECT: Permission to proceed with the annual agreement from ACS Government Systems Inc. for the software licenses and Remote Database Administration support services for all the Banner applications utilized by the county. This year the Information Technology department revised the previous annual agreement that will now provide additional costs savings to the county. See the attached revised agreement. BACKGROUND: The county has had a previous agreement with SCT Corp.- Banner who provided the licenses and RDBA Services. SCT sold these licenses to ACS and the name was changed to ACS. The annual license and support agreement is now with ACS. FUNDS AVAIL: The payment for the License and RDBA service agreement is currently included in the software support contract in account #001-1955-53411 0-1 00 Information Technology FY02 budget. The payment for the renewal will be paid for with the existing budgetary funds only at the reduced rate of $24,000.00. No additional funds are required to enter into this agreement with ACS and this does constitute additional cost savings of $9,600.00 to the county. PREVIOUS ACTION: The Board of County Commission had approved the SCT - Banner annual agreement in the FY02 budget in the amount of $33,600.00. RECOMMENDATION: Staff recommends the Board of County Commissions approve the staff recommendation to enter into the annual agreement with ACS Government Systems, Inc for licenses and Remote Data Base Administration support pending final approval by the County Attorney. COMMISSION ACTION: ~ APPROVED [] DENIED [ ] OTHER: sAnderson nty Administrator County Attorney: 0';9;nol;n9 oep,ª ~ f)/ Review and ADDrovals Management & BUdget~urChaSing: Other: " ~ ...." A c S· ACS GOVERNMENT SYSTEMS, INC. 1733 Harrodsburg Road Lexington, KY 40504-3617 FAX Number (859) 277-2300 ("ACS") , and ST. LUCIE COUNTY, FL Attn: Steve Barber 2300 Virginia Avenue Ft. Pierce, FL 34982 FAX Number (772) 462-1443 ("Client") This Scope of Services is made subject to all terms and conditions of the Software License and Services Agreement between ACS and the Client. SCOPE OF SERVICES ACS will provide Remote Database Administration Services and on-going support, and/or the availability of a client shared Remote Database Administrator for the Client. This service and/or support will be provided for the ACS System(s), as specified below under Remote DBA Deliverables, for the Client for a period of TWELVE months at a fixed fee of $2,000.00 per month. ACS will either be available for service on a shared resource basis, or provide a minimum of 160 service hours, over the twelve-month period. A minimum of 13.33 hours will be billed each month for having the Remote DBA resource available, and/or for providing services described below. The service period will commence on June 1,2002, and will end May 31,2003. Use of service hours in excess of 13.33 hours per month may result in all service hours being expended prior to the end date of May 31,2003. ACS will use the hours enumerated in this Scope of Services to provide the following services to the Client. An ACS Project Manager will be responsible- for coordinating the resources and schedules for the mutually agreed upon services. Remote DBA Deliverables ACS will speak with representatives of the Client to review and document the existing computing environment and discuss the goals and direction of Client. ACS Government Systems 859.277.1500.859.277.2300 (Fax) 1733 Harrodsburg Road. Lexington, KY 40504 ;, '-" ,.." A c S· ACS will periodically connect into the Client computer system to review and monitor the Oracle environment and operating characteristics of the ACS System(s), and propose needed changes, upgrades, and tuning adjustments as necessary. ACS staff will coordinate with data processing and administrative staff to assist in or implement the needed changes. It is expected that the Client Information Systems Manager and ACS consultant will / . mutually agree upon the monthly hours expended to momtor and support the system. ACS agrees to perform the following support activities, as requested and agreed to by Client: · Conduct an initial on-site visit, if necessary, to review, document the existing environment, and meet with Information Systems staff to discuss the goals and direction of the Client. During the initial visit, ACS will assist in developing the policies regarding the administration of the ACS System(s) and work towards devising a mutually agreeable plan for performing database maintenance that will minimize impact to the Client's production computer environment. · Objectives of the initial on-site visit include the following: introduce the assigned Remote DBA to client staff; ensure that the appropriate facilities for remote access are available; establish database availability and define maintenance windows; review policies and procedures for database environment; establish general expectation level for Remote DBA and client; and review security policies and backup/recovery plans. · Perform periodic ACS System and Oracle upgrades delivered by ACS for the following ACS Chancery Court and Circuit System(s): General, Civil, Accounting, Extended Case Information, Active Archive, Banner Finance, Human Resources, Position Control, Accounts Receivable, and CIS. Upgrades must be scheduled in coordination with Information Systems staff and are typically performed in a test environment, then placed into the production environment after end users approve changes. · Install minor software corrections and fixes for the previously named ACS System(s) when received from ACS. · After hours work should be scheduled at least two weeks in advance. ACS realizes that certain emergency situations may arise that will dictate off hours work be performed immediately, but work efforts such as upgrades or maintenance that need to be performed should be scheduled in advance. Services provided after hours will be charged at a double-time rate, i.e., each hour of service will be charged at a rate equivalent to two service hours. ACS Government Systems 859.277.1500.859.277.2300 (Fax) 1733 Harrodsburg Road. Lexington, KY 40504 ~ ~ '-' "WI A c s~ · Periodically, dial-in to monitor database activities, tune the database and work with the system and network manager(s) to improve overall performance. · Develop and implement security and backup/recovery plans. , . Create new accounts and grant ánd revoke database privileges. · Identify and resolve data and application-oriented problems. Help system and network managers identify problems in their areas. · Propose changes, upgrades or tuning adjustments as necessary. Coordinate with the Information Systems staff to assist in or implement recommended changes, including on-site visits as necessary. . If requested, ACS will send personnel on-site to perform any of the previously mentioned tasks. The client will be charged for all travel and living expenses related to such on-site assistance. Additionally, preparation, actual travel time, and follow-up time required for such on-site assistance will be charged against the available hours covered by this Scope of Services. Professional Fees The cost of Remote Database Administration Services for the following service periods are: June 1,2002 through May 31, 2003. Remote Database Administration support and/or availability of a client shared Remote Database Administrator for 160 hours of Remote Database Administration Services at the rate of $150 per hour -- $24,000.00. Services rendered above and beyond the 160 hours during the twelve-month service period covered by this Scope of Services will be charged at the rate of$165/hour. Expected Completion Date The services specified above will be provided beginning June 1', 2002, assuming that both parties have signed this Scope of Services prior to that date, and ending twelve months from such date (the "expiration date"). If the Client does not utilize the entire amount of services during the service period, then notwithstanding such fact, the services described within this Scope of Services will nonetheless be deemed to have been completed and Client will be responsible for payment of the ACS Government Systems 859.277.1500 . 859.277.2300 (Fax) 1733 Harrodsburg Road. Lexington, KY 40504 ;, '-' ....,¡ A c Sit full amount of fees for the service period. Unused service hours may not be carried forward from one service period to the next. Payment Terms The Client will be billed in twelve monthly installments as follows: June 1, 2002 through May 31, 2003. Minimum monthly charge will be 13.33 hours at a rate of$150 per hour -- $2,000.00. ACS will provide invoices for Remote DBA Services on a monthly basis. Any such invoices shall be payable by Client within 45 days of the invoice date. Reimbursable expenses are not included in the fees outlined herein, will be additional and shall be invoiced monthly, as such expenses are rendered. Time is charged for all activities related to the provision of Remote Database Administration services for the Client, including preparation time, actual travel time, identification of follow-up tasks via a formal trip report, telephone consultation, and management follow-up. In addition, the Client will reimburse ACS for travel and living expenses incurred by ACS personnel in the performance of the services covered by this Scope of Services in accordance with Section 112.061. Florida Statute. Warranty ACS warrants the services provided hereunder will be performed in a professional and workmanlike manner. Except as specifically provided herein, there are no warranties expressed or implied, including but not limited to, any implied warranties of merchantability or fitness for a particular purpose. Acceptance By signing and returning this agreement to ACS no later than May 31, 2002, the client agrees to accept this agreement. If not accepted by that time, the agreement shall be void and non-binding. ACS Government Systems 859.277.1500.859.277.2300 (Fax) 1733 Harrodsburg Road. Lexington, KY 40504 " '-' ....., A c S'- Limitation of Liability ACS AND THE CLIENT ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL ACS'S LIABILITY IN CONNECTION WITH THE SERVICES PROVIDED UNDER THIS SCOPE OF SERVICES, OR ANY OTHER MATTER RELATING TO THIS SCOPE OF SERVICES (EXCEPT FOR LIABILITYBOR BODILY INJURY OR PHYSICAL DAMAGE TO TANGmLE / PERSONAL PROPERTY DIRECTLY CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OF ACS EMPLOYEES, FOR WHICH ACTS ACS'S LIABILITY SHALL INSTEAD AND NOT ADDITIONALLY BE LIMITED TO THE AVAILABLE PROCEEDS OF THE INSURANCE THAT ACS MAINTAINS FOR SUCH ACTS AND OMISSIONS), EXCEED THE AMOUNT ACTUALLY PAID TO ACS BY THE CLIENT UNDER THIS SCOPE OF SERVICES, AND ACS WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF DATA, AND LOSS OF REVENUES, EVEN IF INFORMED OF THE POSSffiILITY THEREOF IN ADVANCE. THESE LIMITATIONS APPLY TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, MISREPRESENTATION, AND OTHER CAUSES OF ACTION BASED ON SIMILAR LEGAL THEORIES. ACS Government Systems 859.277.1500.859.277.2300 (Fax) 1733 Harrodsburg Road. Lexington, KY 40504 " '-' ....." A c s~ THE PARTIES have executed this Scope of Services through the signatures of their respective authorized representatives. ACS CLIENT By: , . '/ By: (Printed Name and Title of Signatory) (printed Name and Title of Signatory) Date: Date: ACS Government Systems 859.2n.1500. 859.277.2300 (Fax) 1733 Harrodsburg Road. Lexington, KY 40504 '-' """" AGENDA REOUEST ITEM NO. C8 DATE: May 28, 2002 REGULAR [ ] PUBLIC HEARING ] CONSENT [Xl TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) : Aariculture Anita S. Neal Árf0 SUBJECT: Board of County Commissioners consider approving Budget Amendment #BA02-136 to allow transfer of $500 from General Fund Contingency to be used for 4-H State Legislature registration fees. BACKGROUND: see attached memo FUNDS AVAIL.: Registrations FUNDS WILL BE AVAILABLE IN: 001-3715-554200-300 Training-Seminar PREVIOUS ACTION: n/a RECOMMENDATION: Staff recommends the Board of County Commissioners approve BA02-136 allowing the transfer of $500 from General Fund Contingency to be used for 4-H State Legislature registration fees. COMMISSION ACTION: :¡¡ [. -'] APPROVED [ ] OTHER: DENIED Review and ADprovals County Attorney: :J:.' Management & BUdgetCk!!j 1'\ N\ ~'71 Purchasing : Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable)___ Eff. 5/96 '-' ...." AGRICULTURE MEMORANDUM TO: Doug Anderson, County Administrator FROM: Anita Neal, County Extension Director DATE: May 22, 2002 RE: 4-H State Legislature Each year, 4-H members have the opportunity to attend an annual event in Tallahassee called State Legislature where participants meet with state legislators, participate in state decision making processes and learn hands-on about state government. Staff recommends that funds from Contingency be transferred to the St. Lucie County Extension (Agriculture) training and registration account to enable these 4-H participants to attend this event. ASN/ca BUDGET AMENDMENT REQUEST FORM ....¡ REQUESTING DEPARTMENT County Extension Office PREPARED DATE: OS/21/02 AGENDA DATE: OS/28/02 TO: 001-3715-554200-300 Trainin Seminar Re istratlons $500 FROM: 001-9910-599100-800 Contin en $500 REASON FOR BUDGET AMENDMEN To rovlde su lemental fundin to the 4-H 0 anization for educational adivities involvin tri to the State L islation CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: $687,385 $500 $686,885 DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: DEPARTMENT Approved Budget BA02-125 BA02-131 BA02-132 Proposed action: BA02-136 '-' FISCAL YEAR 2001·2002 FUNDS APPROVED FROM CONTINGENCY GENERAL FUND AMOUNT REMAINING: $686,886 IRM ACCOUNT # Contingency 001-991O-5991~OO Reserved for Supervisor of Elections Supervisor of Elect. Loan Payoff to Suntrust Bank Tourism Recovery Plan in Partnership with FLAUSA AS400 Public Safety Software Upgrade Reimbursement of expenses for the AMIST AD Sailing Ship Risk Management/Safety Equipment Request #02-177 Defibrillators Electrical system upgrade at the Ft Pierce Amphitheater County Coalition for Resp Mgt of Lake Okee... Preliminary Engineering Services - Indian River Estates MSBU SOE Voting Equipment (additionaQ SLC Chamber of Commerce (Comp Everglades Restoration Plan) SOE Voting Equipment (additional) Total used: Balance Available 4-H Organization Educational Activities ....I AMOUNT DATE 1,107,452 $107,452 10/01 $5,648 10/09 $109,931 11/20 $18,000 12/18 9,554 01/22 9,450 01/22 6,000 02/05/02 $1,000 02/12/02 $100,000 02119/02 5,348 03/12/02 20,000 04/17102 $27,684 05/07/02 420,067 687,385 $500 OS/28/02 "~ To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: '-' ...,.¡ Agenda Request Item Number Date: Consent Regular Public Hearing Leg. [ ] Board of County Commissioners Community Development Dept. C9 May 28, 2001 [ X ] [ ] [ ] Quasi-JD [ Header Ranches Subdivision - Final Plat Review On April 29, 2002, the Community Development Director approved CD Order 02-008, which granted Minor Site Plan approval for a 6-lot subdivision on 38.2 acres of land to be known as Header Ranches Subdivision. This parcel is located at the northeast corner of the intersection of Header Canal Road and Goldsmith Road. There are no subdivision improvements associated with this project. Staff recommends that the Board approve the final plat for the subdivision to be known as Header Ranches Subdivision, and authorize staff to proceed with its final processing. ,-X. COMMISSION ACTIè::J L:.3 APPROVED DENIED D OTHER County Attorney Originating Dept.: Finance: Coordination/ Signatures Mgl. & Budget: Other: Purchasing: Other: , '-' ~ COUNTY COMMISSION REVIEW: MAY 28, 2001 COMMUNITY DEVELOPMENT DEPARTMENT Administration MEMORANDUM TO: County Commission FROM: Community Development Director DATE: May 22,2001 SUBJECT: Consider final plat approval for Header Ranches Subdivision On April 29, 2002, the Community Development Director approved CD Order 02-008, which granted Minor Site Plan approval for a 6-lot subdivision on 38.2 acres of land to be known as Header Ranches Subdivision. This parcel is located at the northeast corner of the intersection of Header Canal Road and Goldsmith Road. There are no subdivision improvements associated with this project. Staff recommends that the Board approve the Final Plat for Header Ranches Subdivision and authorize staff to complete the final processing of this Plat. 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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 May 28, 2002 1. MINUTES Approve the minutes of the meeting held April 23, 2002. 2. GENERAL PUBLIC COMMENT CONSENT AGENDA 1. WARRANTS LISTS Approve Warrants List No. 30 through No. 34. 2. MOSQUITO CO-'JTROL A. Indian River Lagoon License Plate Program FY2002 / Grant Acceptance - Consider staff recommendation to accept the grant in the amount of $56,816, execute the agreement with South Florida Water Management District pending County Attorney review and approval, approve Equipment Request No.'s 02-218, 02-219, and 02-220 to purchase two 7,000 GPM electric pumps and one Web Cam, adopt Budget Resolution No. 02-02, and authorize the Chairman to execute the Budget Resolution, appropriating the funds. B. Declaration of Surplus Property and Acceptance of Purchase Offer- Consider staff recommendation to surplus the referenced equipment, and accept the offer from the Lee County Mosquito Control District in the amount of $1,000 for the purchase of one surplus pump. (property Record No. 203192). NOTICE: All proceedings before this Board an~ electnmicaJly 1'"C(~ordcd. Any person who decides to appeal any action taken by the Board at these meetings wiUneed a record of the pmceerHngs .llll! fur sut'h purpose mny need to ensure that a verbatim recOl'd of the pruccl.-dings Is m,lde, Upon the request of any party to the prm'l'cdings, indl.....lduals testifying during a hearing will be sworn in. An}' party to the proceedings will be granted an opportunity to cross-cxaßÙne any individual testifying during ~ hearing upon request. Anyone with <l dislJbilily requiring acconunodation to attend this meeting should contact the St. Lucie County Conununity Senices Manager' at (5lll) 462-1777 or TDD (561) 462·1428 at least forty-eight(48) hours prior to the meeting. \p" ...., MOSQUITO CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: April 23, 2002 Tape: 2 Convened: 11 :30 a.m. Adjourned: 11 :31 a.m. Commissioners Present: Chairman, John D. Bruhn, Paula A. Lewis, Frannie Hutchinson, Doug Coward, Cliff Barnes Others Present: Doug Anderson, County Administrator, Robert Bradshaw, Asst. County Administmtor, Dan McIntyre, County Attorney, Jim David, Mosquito Control Director, Ray Wazny, Public Works Director, Paul Phillips, Airport Director, Dennis Murphy, Community Development Director, Bill Blazak, Utilities Director, A. Millie Delgado, Deputy Clerk 1. MINTUES (2-1296) It was moved by Com. Hutchinson, seconded by Com. Coward, to approve the minutes of the meeting held April 9, 2002; and, upon roll call, motion carried unanimously. 2. '. GENERAL PUBLIC COMMENTS None 3. CONSENT AGENDA It was moved by Com,. Coward, seconded by Com. Lewis, to approve the Consent Agenda; and, upon roll call, motion carried unanimously. A. WARRANT LIST The District approved Warrant List No. 28 and 29. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of Circuit Court OS/24/02 FZABWARR FUND 145 TITLE '- ST. LUCIE COUNTY - BOARD ...,I WARRANT LIST #34- 18-MAY-2002 TO 24-MAY-2002 FUND SUMMARY- MOSQUITO Mosquito Fund GRAND TOTAL: EXPENSES 41,372.65 41,372.65 PAGE 1 PAYROLL 25,680.97 25,680.97 04/26/02 FZABWARR FUND 145 TITLE ~ ...J / LUCIE COUNTY - BOARD WARRANT LIST #30- 20-APR-2002 TO 26-APR-2002 FUND SUMMARY- MOSQUITO EXPENSES Mosquito Fund 4,875.45 GRAND TOTAL: 4,875.45 PAGE 1 PAYROLL 24,016.36 24,016.36 05/03/02 F"7.ABWARR FUND TITLE '" ST. LUCIE COUNTY - BOARD .,J WARRANT LIST #31- 27-APR-2002 TO 03-MAY-2002 FUND SUMMARY- MOSQUITO 145 Mosquito Fund GRAND TOTAL: EXPENSES 15,819.24 15,819.24 PAGE 1 PAYROLL 0.00 0.00 05/10/02 F'i'ABWARR FUND 145 TITLE ~ ST. LUCIE COUNTY - BOARD ..J WARRANT LIST #32- 04-MAY-2002 TO 10-MAY-2002 FUND SUMMARY-MOSQUITO Mosquito Fund GRAND TOTAL: EXPENSES 4,389.66 4,389.66 PAGE 1 PAYROLL 25,745.79 25,745.79 05/17/02 F'7.ABWARR FUND 145 /'-' / TITLE Mosquito Fund ST. LUCIE COUNTY - BOA-qn - WARRANT LIST #33- l1-MAY-2002 TO 17-MAY-2002 FUND SUMMARY- MOSQUITO GRAND TOTAL: EXPENSES 11,315.10 11,315.10 PAGE 1 PAYROLL 0.00 0.00 '- '-' .J AGENDA REOUEST ITEM NO. C - 2a DATE: May 28, 2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: MOSQUITO CONTROL DISTRICT BOARD PRESENTED BY: SUBMITTED BY(DEPT): Mosquito Control James R. David SUBJECT: Indian River Lagoon License Plate Program FY2002 - Grant Acceptance BACKGROUND: A $56,816.00 grant has been awarded to the District by the Indian River Lagoon License Plate FY'2002 Program. Issuance of an Agreement from the South Florida Water Management District will be forthcoming. The funds will target improvement of newly acquired coastal wetlands, and those currently targeted by public acquisition programs, by I) enhancing water quality over 500 acres of wetlands; 2) providing public access to the Lagoon; 3) improving public awareness of the Lagoon; 4) meeting additional ADA access needs to the Lagoon. Improvements planned for the project, include: Task 1) Construction of one Quad pump station and purchase of four pumps at Bear Point; Task 2) Conversion ofa 7,000 GPM pump station to 14,000 GPM and purchase of one pump at Blind Creek; Task 3) Construction of one combination Outlook/Fishing Pier at Vitolo Family Park; Task 4) Purchase and installation of a Web Cam at Vitolo Family Park The local match proposed includes federal, state and local monies targeting improved water quality and public access to the Indian River Lagoon, and the total project cost is estimated to be $165,089.00. The local share proposed is $13,000.00 ofin-kind support toward one new pump station construction and one pump station conversion, and $12,000 in funding matches towards the permit, design and construction of the Outlook/Fishing Pier and the purchase and installation of a Web Cam. Budget Resolution 02-02 has been prepared for Board execution, which grants authority to appropriate and expend the grant funds. FUNDS A V AIL.: to be made available in 145-6230-512000-600 Salaries + Ben.; 145-6230-534000-600 Other Contracted Services; 145816-6230-564000-6950 Machinery & Equipment; 145816-6230-563000-6950 Improvements OfT B Idg; 145112- 6230-563000-6950 Improvements orr B1dg; 145112-6230-564000-6950 Machinery & Equipment; 145-6230-563011-6950 Improvements OfT Bldg - Permitting PREVIOUS ACTION: Board authorization to apply for IRL License Plate FY'02 grant on February 12,2002 RECOMMENDA TION: Staff recommends that the Board authorize acceptance of the Indian River Lagoon License Plate FY 2002 Grant in the amount of $56,816.00, execute the Agreement with the South Florida Water Management District pending County Attorney review and approval, approve Equipment Request No.'s EQ02-218, EQ02-219 and EQ02-220, to purchase two, 7,000 GPM electric pumps and one Web Cam, adopt Budget Resolution No. -02, and authorize the chairman to execute the Budget Resolution, appropriating the License Plate grant funds. MMISSION ACTION: CONCU 0' APPROVED [] DENIED [ ] OTHER: Do (as nderson Coun Administrator fJÝ1~chaSing : Other: Eff. 5/96 tk'ounty Attorney: '--Õriginating Dept. Finance: (Check for ~ Review and A r ðA'Ínagemem & Budget Other: , if applicableL \w ...,I MEMORANDUM TO: Mosquito Control District Board FROM: James R. David, Mosquito Control Director DATE: May 15, 2002 SUBJECT: Indian River Lagoon License Plate Program FY 2002 Grant Acceptance BACKGROUND: A $56,816.00 grant has been awarded to the District by the Indian River Lagoon License Plate FY'2002 Program. Issuance of an Agreement from the South Florida Water Management District will be forthcoming. The funds will target improvement of newly acquired coastal wetlands, and those currently targeted by public acquisition programs, by 1) enhancing water quality over 500 acres of wetlands; 2) providing public access to the Lagoon; 3) improving public awareness of the Lagoon; 4) meeting additional ADA access needs to the Lagoon. Improvements planned for the project, include: Task 1) Construction of one Quad pump station and purchase of four pumps at Bear Point; Task 2) Conversion of a 7,000 GPM pump station to 14,000 GPM and purchase of one pump at Blind Creek; Task 3) Construction of one combination Outlook/Fishing Pier at Vitolo Family Park; Task 4) Purchase and installation of a Web Cam at Vitolo Family Park The local match proposed includes federal, state and local monies targeting improved water quality and public access to the Indian River Lagoon, and the total project cost is estimated to be $165,089.00. The local share proposed is $13,000.00 of in-kind support toward one new pump station construction and one pump station conversion, and $12,000 in funding matches towards the permit, design and construction of the Outlook/Fishing Pier and the purchase and installation of a Web Cam. Budget Resolution 02-02 has been prepared for Board execution, which grants authority to appropriate and expend the grant funds. RECOMMENDA TION: Staff recommends that the Board authorize acceptance of the Indian River Lagoon License Plate FY 2002 Grant in the amount of $56,816.00, execute the Agreement with the South Florida Water Management District pending County Attorney review and approval, approve Equipment Request No.'s EQ02-218, EQ02-219 and EQ02-220, to purchase two, 7,000 GPM electric pumps and one Web Cam, adopt Budget Resolution No. 02-02, and authorize the chairman to execute the Budget Resolution, appropriating the License Plate grant funds. '" '-' ..,1 RESOLUTION NO. 02-02 WHEREAS, subsequent to the adoption of the St. Lucie County Mosquito Control District Board budget, certain funds not anticipated at the time of adoption of the budget have become available in a form of a $56,816.00 grant from the Indian River Lagoon License Plate FY2002 Program. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of the St. Lucie County Mosquito Control Distdct Board to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Mosquito Control District Board of St. Lucie County, Florida, in meeting assembled this 28th day of May, 2002, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2001-2002, and the District's budget is hereby amended as follows: REVENUES 145816-6230-337310-6950 South Florida Water Management District $56,816 APPROPRIATIONS 145816-6230-563000-6950 145816-6230-564000-6950 Imp orr Bldg Machinery & Equipment $24,700 $32,116 After motion and second the vote on this resolution was as follows: Commissioner John D. Bruhn Commissioner Paula A. Lewis Commissioner Cliff Barnes Commissioner Doug Coward Commissioner Frannie Hutchinson xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 28TH DAY OF MAY. 2002. 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W ,\\'.K .ltl.l. ~"'."'I'" ....'. . ... #,1(> i~^'~ - .... .::" ~ J~--g:::- ~~"~.':"-':"..;:¡:; ",.J. . ,-. 'l <~:"Y (.10" r.~I;I:~"""~~~ .f . . . \. "" ...., SOUTH FLORIDA WATER :MANAGEMENT DISTRICT 3301 Gun Oub Road. West Palm Beach, Florida 33406 . (561) 686-8800 . FL WATS 1-800-432-2045 . TOO (561) 697-2574 Mailing Address: P. O. Box 24680. West Palm Beach, FL 33416-4680 . www.sfwrnd.gov ADM 28-06 ,~~:". RECEIVED May 1, 2002 Mr. James R. David, Director St. Lucie-Board of County Commissioners Mosquito Control District 2300 Virginia A venue F1. Pierce, FL 34982 MAY J--~ 2D02 ¡J,¿J jr f'Y\ S ¡ I MOSQU' :O ~{~"'':"''''' . I " v\.: {I, . >-;" " . . -l J J . ",,. ~.. Subject: Indian River lagoon License Plate Program - FY 2002 Dear Mr. David: The South Florida Water Management District (District) would like to take this opportunity to express our appreciation for your interest and to notify you that the evaluation committee has completed its review of all applications submitted in response to the above referenced solicitation. After careful consideration of your application and written proposal, the District is pleased to inform you that funding has been approved in the amount of $56,816.00 for the proposed Mosquito Impoundment Restoration and Public Access/Awareness project in S1. Lucie County. The District will authorize this award through the issuance of an Agreement within the next month. We look forward to working with you on this important project. If you have any questions, please feel free to contact me at (561) 682-6444. Respectfully yours, ~~~.M. Contract Administrator GOVERNING BOARD Trudi 1<. Williams, Chair Lennart E. Lindahl, Via-Ourir Pamela Brooks-Thomas EXECUITVE OFFICE Michael Collins Hugh M. English Gerardo B. Femández Patrick J. Gleason, Ph.D., P.G. Nicolás J. Gutiérrez, Jr., Esq. Harkley R. Thornton " Henry Dean, ú=tÎI1< Direc/or "" .,¡ This is a sample agreement. If your project is selected. this agreement will be mailed to you for execution. DO NOT COMPLETE TillS FORM AS PART OF YOUR APPLICATION FOR FUNDING. . 2002-2003 SOUTH FLORIDA WATER MANAGEMENT DISTRICT SAMPLE FUNDING PROGRAM AGREEMENT -- Recipient's Name: Address: District's Project Manager: Address: Telephone Number: Insurance Attachment: Applicable Recipient's Project Manager: Address: Tele hone Number: ( ) Project Title: e/.!t ~ Fax No: ( ) ~~S241 18 ". . .~. '-' ...,,¡ This Agreement is entered into between "the Parties", the South Florida Water Management District, (the "District"), and the undersigned Applicant, hereinafter referred to as the "Recipient". The Recipient warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this Agreement, and shall abide by all legal, financial, and reporting requirements, such as matching funds and final reports for all funding received by the Recipient from the District. ARTICLE 1 - PROJECT 1.1 The Redpient shall, to the satisfaction of the District, fully and timely construct and perform all work items described in the "Project Summary," attached hereto as Exlùbit "A", and made a part of this Agreement. . 1.2 As part of the services to be provided by the Recipient under this Agreement, the Recipient shall substantiate, in whatever forum reasonably requested by the District, any supporting documentation utilized as a basis for payment by the District. This paragraph shall survive the expiration or termination of this Agreement. ARTICLE 2 - TERM OF THE AGREEMENT 2.1 The period of performance of this Agreement shall commence on the date of this Agreement and shall continue for a period of one (1) year. 2.2 The Parties agree that time is of the essence in the performance of each and every obligation under this Agreement. . ARTICLE 3 - COMPENSA TION/CONSIDERA TION 3.1 As consideration for providing the goods and services required by this Agreement, the District shall pay the Recipient the funding amount as specified above. Such amount is a fixed amount and therefore, no additional consideration shall be authorized. 3.2 The Recipient assumes sole responsibility for all work, which is performed pursuant to Exhibit "A." By providing funding hereunder, the District does not make any warranty, guaranty, or any representation whatsoever regarding any of the work performed hereunder, including but not limited to the adequacy or sufficiency of all or any part of work described in Exhibit "A". 3.3 The Recipient hereby agrees that it shall use other sources of funding for all work associated with the design and permitting aspects of the Project. District funds shall only be used for capital or infrastructure costs for the construction activities described in Exhibit "A". ¡~S241 19 .'. '-' ~ ARTICLE 4 - FUNDING PAYlVIENTS AND REPORTING 4.1 The District shall make payment to the Recipient upon completion and acceptance of the Project. The Recipient shall provide certification that all construction has been completed in accordance with Exhibit "A" of this Agreement. 4.2 The Recipient's invoice shall reference the District's Application Nwnber and shall be sent to the Project Manager at the following address: South Florida Water Management District (project Manager's Name as stated on the first page of the Agreement) (Address as stated on the first page of the Agreement) The Recipient shall not submit an invoice to any other address at the District. 4.3 The District shall inspect all work and review fmal reports before authorization of payment is made to the Recipient. The District shall pay the full amount of the invoice within thirty (30) days of receipt and acceptance, provided the Recipient has performed the work according to the terms and conditions of this Agreement. Funding will be withheld of the Recipient has not submitted required reports or met all of the administrative requirements. 4.4 However, failure by the Recipient to follow the foregoing instructions may result in an unavoidable delay of payment by the District. ARTICLE 5 - PROJECT MANAGEMENT 5.1 The Parties shall direct all matters arising in connection with the performance of this Agreement, other than invoices and notices, to the attention of the Project Managers for attempted resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Agreement. 5.2 All notices, demands, or other communications to the Recipient under this Agreement shall be in writing and shall be deemed received if sent by certified mail, return receipt requested, to the address stated. All notices to the District under this Agreement shall be in writing and sent by certified mail to: South Florida Water Management District Attn: Procurement Division B-1 Building 3301 Gun Club Road West Palm Beach, Florida 33406 5.3 The Recipient shall also provide a copy of all notices to the District's Project Manager. All notices required by this Agreement shall be considered delivered upon receipt. Should either f~S311 20 .... \. .J ""'" Party change its address, written notice of such new address shall promptly be sent to the other Party. 5.4 All correspondence to the District under this Agreement shall reference the District's Contract Number. ARTICLE 6 . TERMINATIONIREMEDIES 6.1 If Recipient fails to fulfill its obligations under this Agreement in a timely and proper manner, the District shall have the right to terminate this Agreement by giving written notice of any deficiency. The Recipient in default shall then have ten (10) calendar days from receipt of notice to correct the deficiency. If the Recipient fails to correct the deficiency within this time, the District shall have the option to terminate this Agreement at the expiration of the ten- (10) daytime period. 6.2 The District may terminate this Agreement at any time for convenience upon thirty (30) calendar days prior written notice to the Recipient. The performance of work under this Agreement may be terminated by the District in accordance with this clause in whole, or from time to time in part, whenever the District shall determine that such termination is in the best interest of the District. Any such termination shall be effected by delivery to the Recipient of a Notice of Termination specifying the extent to which performance of work under the Agreement is terminated, and the date upon which such termination becomes effective. 6.3 In the event of termination, the District shall compensate the Recipient for all authorized and accepted work performed through the termination date. The District shall be relieved of any and all future obligations hereunder, including but not limited to, lost profits and consequential damages under this Agreement. The District may withhold all payments to the Recipient for such work until such time as the District determines the exact amount due to the Recipient. 6.4 If either Party initiates legal action, including appeals, to enforce this Agreement, the prevailing ·Party shall be entitled to recover a reasonable attorney's fee, based upon the fair market value of the services provided. 6.5 In the event the Recipient's funding becomes unavailable, that shall be good and sufficient cause for the District to terminate the Agreement, pursuant to Paragraph 6.2, above. 6.6 In the event a dispute arises which the Project Managers cannot resolve between themselves, the Parties shall have the option to submit to non-binding mediation. The mediator or mediators shall be impartial, shall be selected by the Parties, and the cost of the mediation shall be borne equally by the Parties. The mediation process shall be confidential to the extent permitted by law. ARTICLE 7 . RECORDS RETENTION 7.1 The Recipient shall maintain records and the District shall have inspection and audit rights as follows: 1·~ŸÊS241 21 "" ......, A. Maintenance of Records. The Recipient shall maintain all financial and non-financial records and reports directly or indirectly related to the negotiation or performance of this Agreement, including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from completing performance and receiving final payment under this Agreement. B. Examination of Records. The District or its designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly relàted to this Agreement. Such examination may be made only within five (5) years from the date of final payment under this Agreement and upon reasonable notice, time and place. C. Extended Availabilitv of Records for Lee:al Disputes. In the event that the District should become involved in a legal dispute with a third party arising from performance under this Agreement; the Recipient shall extend the period of maintenance for all records relating to the Agreement until the final disposition of the legal dispute, and all such records shall be made readily available to the District. ARTICLE 8 - STANDARDS OF COMPLIANCE 8.1 The Recipient, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this Agreement. The District undertakes no duty to ensure such compliance, but will attempt to advise the Recipient, upon request, as to any such laws of which it has present knowledge. 8.2 The laws of the State of Florida shall govern all aspects of this Agreement. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims which are justiciable in federal court. 8.3 The Recipient shall allow public access to all Project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the Recipient assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the Recipient. 8.4 Pursuant to Section 216.347, Florida Statutes, the Recipient is prohibited from the expenditure of any funds under this Agreement to lobby the Legislature, the judicial branch, or another state agency. 8.5 The Recipient shall obtain, at its sole expense, all necessary licenses, authorizations and pennits from the appropriate private party or federal, state, municipal or local agency, and other governmental approvals, prior to commencing performance of this Agreement. 8.6 The Recipient hereby assures that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age, or sex, from participation in, denied the benefits of, or is ¡~ÿgS241 22 ._, ". \w ....,¡ otherwise subjected to discrimination in any activity under this Agreement. The Recipient shall take all measures necessary to effectuate these assurances. ARTICLE 9 - RELATIONSmP BETWEEN THE PARTIES 9.1 The Recipient is an independent contractor and is not an employee or agent of the District. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor between the District and the Recipient, its employees, agents, subcontractors, or assigns, during or after the performance of this Agreement. The Recipient is free to p-rovide similar services for others. 9.2 The Recipient shall not assign, delegate, or otherwise transfer its rights and obligations as set forth in this Agreement without the prior written consent of the District. Any attempted assignment in violation of this provision shall be void. 9.3 It is the intent and understanding of the Parties that this Agreement is solely for the benefit of the Recipient and the District. No person or entity other than the Recipient or the District shall have any rights or privileges under this Agreement in any capacity whatsoever, either as third-party beneficiary or otherwise. ARTICLE 10 - GENERAL PROVISIONS 10.1 Notwithstanding any provisions of this Agreement to the contrary, the Parties shall not be held liable for any failure or delay in the performance of this Agreement that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of Government, riots, ciVil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the Parties. Failure to perform shall be excused during the continuance of such circumstances, but this Agreement shall otherwise remain in effect. This provision shall not apply if the "Statement of Work" of this Agreement specifies that performance by the Recipient is specifically required during the occurrence of any of the events herein mentioned. 10.2 In the event any provisions of this Agreement shall conflict, or appear to conflict, the Agreement, including all Attactunents, attachments and all documents specifically incorporated by reference, shall be interpreted as a whole to resolve any inconsistency. 10.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this Agreement by the Parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other Party from performing any subsequent obligations strictly in accordance with the terms of this Agreement. No waiver shall be effective unless in writing and signed by the Party against whom enforcement is sought. Such waiver shall be limited to provisions of this Agreement specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 1~§24 23 .'. '- ...., lOA Should any term or provlSlon of this Agreement be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this Agreement, to the extent that the Agreement shall remain operable, enforceable and in full force and effect to the extent permitted by law. 10.5 This Agreement may be amended only with the written approval of the Parties. 10.6 This Agreement states the entire understanding and Agreement between the Parties and supersedes any and all written or oral representations, statements, negotiations or Agreements previously existing between the Parties with respect to the subject matter of this Agreement. The Recipient recognizes that any representations, statements or negotiations made by District staff do not suffice to legally bind the District in a contractual relationship unless they have been reduced to writing and signed by an authorized District representative. This Agreement shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this Agreement on the date written below. SOUTH FLORIDA WATER MANAGElVIENT DISTRICT, BY ITS GOVERNING BOARD By: Frank Hayden, Director Procurement Division Date: Recipient's Legal Name: By Authorized Official: TItle: Date: _ SFWlVID Procurement Approved By: Date: r~s241 24 ", '-' ..", AGENDA REQUEST ITEM NO. C . 2b DATE: May 28, 2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: MOSQUITO CONTROL DISTRICT BOARD 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. In addition, a list of equipment was approved by the Board for surplus, on February 12,2002. We have received an offer for a surplus pump, Property Record No. 203192, from the Lee County Mosquito Control District, in the amount of $1 ,000.00. FUNDS AVAIL.: N/A PREVIOUS ACTION: Board approval of Surplus Sales on February 12,2002 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. In addition, staff recommends Board acceptance of the offer from the Lee County Mosquito Control District, in the amount of $1 ,000.00, for the purchase of one surplus pump (Property Record No. 203192). COMMISSION ACTION: .M. APPROVED [] DENIED [ ] OTHER: Review and Approvals County Attorney: Management & Budget ~inating Dept.M Other: Finance: (Check fJ Copy only, If apphcableL Purchasing : Other: Eft. 5/96 \w 'WìÎ MOSQUITO CONTROL DISTRICT MEMORANDUM FROM: Mosquito Control District Board James R. David, Mosquito Control Director qy¡ TO: DATE: May 21, 2002 RE: 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. In addition, a list of equipment was approved by the Board for surplus, on February 12, 2002. We have received an offer for a surplus pump, Property Record No. 203192, from the Lee County Mosquito Control District, in the amount of $1,000.00. RECOMMEND A nON: 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. In addition, staff recommends Board acceptance of the offer from the Lee County Mosquito Control District, in the amount of $1,000.00, for the purchase of one surplus pump (Property Record No. 203192). cc: file H\ WP\AGENDA \2002\Surplus Sale No.2_mem.wpd '-' ...., DIVISION OF MOSQUITO CONTROL MEMORANDUM TO: FROM: DATE: SUBJECT: All Mosquito Control County and District Programs James R. David, Mosquito Control Director May 21, 2002 Disposition of SurDlus ProDerty 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. 1997 Personal Computer, Pentium, K5100...................................Best Offer Includes 16 MB Ram and 17 inch monitor (ref. PR 203792) 2. 1988 Microcomputer System, 80386....... .......... ............ ............. ..Best Offer Includes peripherals (ref. PR 203599) 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 1, 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 '-' A - ,.~. J:w.' (b-ßcA~ . ~ .Ì)w"d /' , REPORT OF ACQUISmON OR DISPOSmON OF ROPE'n'Y , . ST. LUCIE COUNTY, FLORIDA TO: BOARD OF COUNTY COMMISSIONERS FROM: MO~Qu..i..to ContJtol Date MalLc.h 14. (;j\ ]~("r 1 tL Nulllher203792 19~ OffiCWl' ... ~ Gcademe;: The foUow¡;'. changes have occured in the pràpeny in my custody. This infonnatioa ÚlouJd be _cered _ your Property Record. IDENTlFlCA nON DATA N_ 0' 1_ LoaICÎOIl Make Pvuonal. Computvr. MocIe.I MOSQCT (15) PelttúJm Y.r Mfp. I.....àfìcacio& NlIaaber 1(5100 OnŒJl DESlCUPTION: 1997 970199501 17 .i./tc.h mo~1t ACQUISITION OR DISPOSmON DATA PURCHASED DISPOSED OF Au.toma;ted ~ vr.v.l.c.e.4 , To I Fr_ Transferred 0 Sold 0 Traded 0 Junked 0 Ruson for Disposal Amounc Rulized .. ._ R~ined co Dare 19 r .~, . ,,' , . ,,~. .,,) VOUCHII fUND Silned Tide PIOPIlRTY ACQUtSmoN OR DISJIOSAL FOUl '-, \w .."", REPORT OF ACQUISITION OR DISPOSITION OF PROPERTY ST. LUCIE COUNTY, FLORIDA TO: BOARD OF COUNTY COMMISSIONERS Number J 03 )''11 FROM: 1WSQUI'l'O COHTRûL Date SEPTEl'iBER 2 19~ F'R'~NK EVANS OffiCft' Or Oep.nmau: G'èndemen: The following changes have occured in the property in my custody. This information mould be entered _ your Property Record. IDENTIFICA TION DATA N..... of 1.- Location MaJ.. ¡'U: CRUCGi·1P U'i'ER SYS'J:E¡'j ¡r¡OSQUl'i'ü CONTROL MoclooJ Y.r Mfp. Idencificatio... Number ilå03bo OTHER DESCRIPTION: ífo'J3.3b 1',lICi¡OCO~¡PU .lEH SYS'I'Ej1i ~JíPERIPHERAL ACQUISITION OR DISPOSmON DATA Ik"",¡J'!A':'~:=G T. DISPOSED OF I From Reference P. l). F:"7·~'.)7 Transferred 0 Sold 0 Purchase Price $ 7:1':",] .CO Traded 0 Junlced 0 Freight $ Reason for Disposal Inorall.uion $ $ $ Gross COSt Amount Realized .. . $ Less Trade Remitted to Nee Cose . . . $ 61'00 .GO Da'ee 19 Remarlcs VOUCHER FUND . / ~c ~;¡ ~ Signed' y /1- ~ Tide ß?a/~ e/lO-/7Ce.. !1u-/J'f3.J'U/gCY· v .- PROPERTY ACQUISrnON OR DISPOSAL FORM." i'lAnt, Ry: I pp r.nlJnty Mn,::,."itn (:.,nt,...,l n1!'.TjA41 AA4 !iAil:?j 'iw M~y.1R-n:? 4:14PV """ F'AOP 1/1 lH coum~ mOSQUlìO mnmOl DlgRICl DOA"C c,. eQMMI81510NI::H~ TIMOTHy A. GARDNER, l;HAJIlMAN I.ARRl' J. MU......Y. VIC!!: CHAlAt.V.N """..... ....,.,100_ SECA~ARY·T"-....un~ JQS£PH N. BUR<õE55 THQMA.$ a. HART '=IIOJlC1: T. MNlN. JIt. RIOiARD )01. PIllTCif:1T, III 8T1~'7.4 o.41-G"M-:1:IU 5UNCCM '72501011 FA ( IUHIlI:J.!lD1l I"OST C1J'1c:F. ~ lV"1(\~ FOIlT Ion'ERs' "'-OAICA 339lltI WWw.~eo"ORci WIl.UAM R. CI'P. OI!l1lÇfOR ,. May 16, 200::! Mr. James R. David, Director Saint Lucie County Mosquito Control District 3150 Will Fee Road Fort Pi~~f':, Florida 34982 Re: ~urplu:s Property Reference #203192 Dear Mr. David: The Lee County Mosquito Contra.1 Dí:rtrict is offering $1,000 to St. Lucie County Mosquito Control Dislriclli,r (he reftrrencr:d Ìlem, i.e., Tuner Machine 15 inch Diameter Portable Axial flow Pump With "tan." Sincerely, ." 1 ~,.... William R. Opp . ~~ '..