HomeMy WebLinkAboutAgenda Packet 07-23-02
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JULY 23, 2002
9:00 .~1
BOARD OF COUNTY
COI\1NIISSIONERS I\IEETING AGENDA
WELCOJ\!E
GENERAL RULES AND PROCEDURES
Attached is the agenda which will determine the order of business conducted at today's Board
meeting:
CONSENT AGENDA- These items are considered routine and are enacted by one motion. There
will be no separate discussion of these items unl~ss a Commissioner so requests.
REGULAR AGENDA ITEMS- Proclamations, Presentations, Public Hearings, and Department
requests are items which the Commission will discuss individually usually in the order listed on
the agenda.
PUBLIC HEARINGS- These items are usually heard on the first and third Tuesdays at 7:00 P.!\!. or
as soon thereafter as pcissible. However, if a public hearing is scheduled for a meeting on a second
or fourth Tuesday, which begins a: 9:00 A.M., then public hearings "ill be heard at 9:00 A.!\!. or
as soon thereafter as possible. Thê:se time designations are intended to indicate that an item will
not be addressed prior to the listed time. The Chairman will open each public hearing and asks
anyone wishing to speak to come fOlì\'ard, one at a time. Comments ì\ill be limited to five
minutes.
As a general rule, when issues are scheduled before the Commission under department request
or public hearing, the order of presentation is: (1) County staff presents the details of the Board
item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public
comment, (4) further discussion a.'1d action by the Board.
ADDRESSING THE COMMISSIO!\- Please state your name and address, speaking clearly into the
microphone. If you have backup material, please have eight copies ready for distribution.
NON-AGENDA ITEMS- These items are presented by an individual Commissioner or staff as
necessary at the conclusion of the printed agenda.
PUBLIC CO:'L\IENT- Time is allotted at the beginning of each meeting for general public comment.
Please limit comments to five minutes.
DECORUÌll- Please be respectful of others opinion.
l\IEETINGS- All Board meetings are open to the public and are held on the first and third Tuesdays
of each month at 7:00 P.ÌlI. and on the second and fourth Tuesdays at 9:00 A.M., unless othemise
advertised. Meetings are held in the County Commission Chambers in the Roger Poitras
Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional
workshops throughout the year necessary to accomplish their goals and commitments. Notice is
provided of these workshops. Anyone ìvith a disability requiring accommodation to attend this
meeting should contact the St. Lucie County Community Services !\Ianager at (561) 462-1 ïï7 or
TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting.
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www.stlucieco.gov
John D. Bruhn
Doug Coward
Paula A. Lewis
Frannie Hutchinson
Cliff Barnes
District 1
District 2
District 3
District 4
District 5
ßOARD OF COUNTY
COMMISSIONERS
AGENDA
July 23,2002
9:00 AJvI.
INVOCATION
PLEDGE OF ALLEGl-\i\TCE
1. MINUTES
Approve the minutes of the meeting held July 16, 2002.
2. PROCLAè\IATIONS / PRESENTATIO\'S
. A. Resolution No. 02-188 - Proclaiming August 4, 2002 as ":\"ational Kids Day"
in St. Lucie County, Florida.
B. Presentation / Paul Hiott ì\ill present the Chili Cookoff Awards to the Board.
3. GENERAL PUBLIC COMMENT
4. CONSENT AGENDA
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PUBLIC HEARINGS
5A. There are no public hearings scheduled for July 23, 2002.
End of Public Hearings.
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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 recoró ofthe proceedmgs 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 paI1)' to the proceeämgs will be granted the
opportunity to cross-examine any indiVIdual testifying during a hearing upon request. Anvone with a disability
requiring accommodation to attend this meeting should contact the St. Lucie County t:ommunity Services
Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting.
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REGULAR AGENDA
JULY 23,2002
PAGE TWO
6. COUNTY ATTORNEY
A
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Resolution No. 02-182 / Authorizing Term Loan to PrO\ide Financing for
Rock Road Jail Facility Security System - Consider staff recommendation to
adopt the resolution, and authorize the Chairman to sign the Resolution.
B.
St. Lucie County Cultural Affairs Council Vacancy - Consider staff
recommendation to appoint one of the persons nominated by the Cultural
Affairs Council to fill the vacancy on the Council.
Resolution No. 02-86 - Consider staff recommendation to approve the
resolution amending the penalties for certain violations of Article II (Animal
Control) of Chapter 1-4 of the St. Lucie County Code of Ordinances and
Compiled Laws.
Resolution 1\0. 02-189 Consider staff recommendation to adopt the
resolution authorizing term loan to provide financing for Thomas J. White
Stadium Improvements.
I. MANAGEMENT & BUDGET
Approval of Ì\Iillage Rates / Public Hearing Dates - Consider staff recommendation
to approve the following:
1. Approve millage rates as outlined on "Worksheet ..:\nalysis of Roll-Back
Millage Rate for Fiscal Year 2002-2003" under the column headed "2002-
2003 proposed millage".
2. Set t\\'O public hearings on September 12 and 19 at 5:03 P.M. in the Roger
Poitras Administration Annex Commission Chambers.
3. Authorize the County Administrator to transmit the millage rates to the
Property Appraiser on Form DR-420.
4. Set aggregate millage at 8.5302 mills which is 5.94% over the roll-back rate
for ta.x year 2002.
8. PURCHASING
Purchasing / Bid No. 02-057 / Security and Fire Alarm System Improvements and
Replacements for St. Lucie County Correctional Facility - Contingent upon the
Board Approving Agenda Item 6AI, consider staff recommendation to award the
biel to the lowbidder,l\'orment Security Group, Inc., in the amount of 51,962,000,
and authorize the Chairman to sign the contract as prepared by the County
Attorney.
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REGULi\R AGENDA
JULY 23,2002
PAGE THREE
9. AD!vlINISTRA TION
Bi-weekly Committee Reports - The Board will provide committee and advisory
board updates.
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CONSENT AGENDA
lulv 23. 2002
1. WARRANTS LIST
Approve warrants list No. 42.
2. PARKS AND RECREATIO.'\
A. Budget Resolution :\'0. 02-183 / Lawnwood Stadium Capital Maintenance
Improvement Agreement - Consider staff recommendation to approve the
budget resolution and accept the reimbursement from the St. Lucie School
District in the amount of $3,000 for capital maintenance improvements per
the provisions of the 1999 Agreement.
B. Request to Serve _-\lcohol at Pepper Park - Consider staff recommendation
to approve the request of Culpepper & Terpening, Inc. for the annual
company picnic on July 27, 2002.
C. State Cultural Facilities Program Grant - Consider staff recommendation to
approve submission of the grant to assist with improvements for the Civic
Center. .
D. Department of State / Division of Historical Resources Grant - Consider
staff recommendation to authorize the County Administrator to sign the
535,000 grant award agreement, the addendum to the grant award and the
advance payment forms for an outdoor educational exhibit featuring the
Boating and Fishing Heritage theme for the Historical ì\Iuseum.
3. PUBLIC WORKS
A. Fairgrounds Buildings - Consider staff recommendation to obtain a loan in
the amount of 5900,000 to fund the construction of 8 buildings, and grant
permission to adnrtise for bids.
B. Port Engineering SeITices - Consider staff recommendation to approve the
Consultant Agreements with Han-Padron Associates, LLP, and Taylor
Engineering, Inc., and authorize the Chairman to sign the agreements, as
prepared by the County Attorney.
C. Landfill Gas Collection System Expansion Project - Consider staff
recommendation to approve Change Order No. 1 to ERC General
Contracting Services, Inc., in the amount of $32,360.ï2, bringing the new
contract amount to 5538,360.ï2.
D. Final Payment - Consider staff recommendation to apprO\-e final payment
to Sierra International Machinery, Inc., for the purchase and installation of
one MacPresse conveyor in the amount of $115,291.
E. Treasure Cove/Ocean Harbor South MSBU Project - Consider staff
recommendation to approve Amendment NO.2 to Work Authorization No.
8 to the Agreement for Continued Professional Engineering Design Services
with LBFH, Inc., in the amount of $3,275 for additional engineering services
necessary to rebid the project, and authorize the Chairman to execute the
Work Authorization.
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CONSENT AGEND.\
JULY 23,2002
PAGE TWO
3. PUBLIC WORKS (CONTINUED)
F. Midway Road and Glades Cut-Off Road Intersection Improvement Redesign
Modifications - Consider staff recommendation to approve Work
Authorization NO.6 in the amount of $279,300 \\ith LBFH, Inc., and
authorize the Chairman to sign the agreement.
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First Amendment to December 5, 2000 Agreement with Jenkins & Charland, Inc. -
Consider staff recommendation to approve the first amendment, and authorize the
Chairman to sign the amendment.
5. PURCHASE\'G
A. Bid 1\0. 02-084 / Ray Lein Ditch Improvements - -Consider staff
recommendation to award the Did to the low bidder, Shenandoah General
Construction, Inc., in the amount of $ 51 ,400 and authorize the Chairman
to sign the contract as prepared by the County Attorney.
B. Amendment to Contract No. C02-03-296 with Highway Valets, Inc., to
Pro\'¡de Road Striping and Maintenance of Pavement ~Iarkers - Consider
staff recommendation to approve the amendment, and authorize the
Chairman to execute as prepared by the County Attorney, increasing the
total "\'ot to E;xceed .'-\mount" to $85,000.
C. Bid \'0, 02-083 / Re-Roofing of County Facilities - Consider staff
recommendation to award the bid to the overall total lowest bidder, Therma
Seal Roofs, Inc., in the amount of $667,656, and authorize the Chairman to
sign the contract as prepared by the County Attorney.
D. Bid 1\0. 02-082 / Civic Center Roof Top Air Conditioning System
Replacement - Consider staff recommendation to reject the sole bid
received, review and amend the specifications as necessary, and re-bid the
project.
6. MANAGEi\IB\T AND BUDGET
A. Budget Resolution No. 02-181 - Consider staff recommendation to approve
the budget resolution to appropriate and expend funds in the amount of
S 1 00,000 from the St. Lucie County Juvenile ¡"Iental Health Grant Program.
B. Permission to Advertise - Consider staff recommendation to grant
permission to advertise a public hearing for acceptance of the Local Law
Enforcement Block Grant 2002, on behalf of the Sheriffs Office, to be held
on August 13, 2002 at 9:00 am, or as soon thereafter as possible.
C. Budget Resolution No. 02-180 - Consider staff recommendation to approve
the budget resolution to appropriate and expend funds from the Process
Server's Certification Fees.
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CONSENT AGENDA
JULY 23,2002
PAGE THREE
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6. !\IANAGElVIENT AND BUDGET (CONTINUED)
D. Budget Resolution No. 02-185 - Consider staffrecommendation to approve
the budget resolution to appropriate and expend funds in the amount of
$ï,OOO from the Urban and Community Forestry Grant.
I.
UTILITIES
Equipment Request No. 02-234 - Consider staff recommendation to approve the
equipment request for the purchase of a credit card machine for processing
customer payments in the amount of S 1,095.
8. COl\IMUNITY DEVELOPMENT
A. Ten Mile Creek Project - Consider staff recommendation to authorize staff
to submit the application to Florida Communities Trust for lands located
west of Interstate 95 along Ten'Mile Creek and Gordy Road.
B. Ten Mile Creek Phase Two Project / Consider staff recommendation to
authorize staff to submit the application to Florida Communities Trust for
lands located on the east side of Interstate 95 between and e..\:tending to
Ralls Road.
C. PGA Commerce Centre at the Reserve - Consider staff recommendation to
approve the Second Replat and authorize staff to complete the final
processing of this Plat.
9, ADl\IlNISTRA TION
State Division of Cultural Affairs Program / Budget Resolution No. 02-186 -
Consider staff recommendation to authorize the County Administrator and
Cultural Affairs Council Chairman to sign the grant award agreements to accept
the S 1 ,493 grant, and approve the budget resolution to appropriate and expend the
funds from the grant.
10. AIRPORT
A. Aircraft Parking Apron Project - Consider staff recommendation to approve
Change Order No. 2 \\"Ìth Dickerson Florida, Inc. for a decrease in the
contract amount of S18,82ï.44 for a total project amount of S418.85ï.5ï
and authorize release of retainage.
B. Phase 2 Security Fencing Project - Consider staff recommendation to
approve the proposal and S 14,800 scope of work with Williams, Hatfield &
Stoner (WHS) for the design phase services, bid and award services, and
construction phase senices.
C. Request for Qualification (RFQ) / Federal Aviation Regulation (FAR) Part 150
Noise Study - Consider staff recommendation to grant permission to
advertise for a Request for Qualification.
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CONSENT AGENDA
JULY 23,2002
PAGE FOUR
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11. COivIl\IUNITY SERVICES
State of Florida Department of Community Affairs Community Senices Block
Grant Allocation / Resolution No. 02-189 - Consider staff recommendation to
approve the application and acceptance of the CSBG Allocation, approve the
resolution and authorize the Chairman to execute all documents necessary for this
allocation.
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St. Lucie County Board of County Commissioners
Announcements
July 23, 2002
A. There will be Consultant Interviews for the Urban .-\rea Allocation Study
on July n, 2002 at 1:30 pm in Conference Room 3,
B. The August 6, 2002 Board of County Commissioners Meeting has been
cancelled.
C. There will be a Ground Breaking for Little Jim Bridge Boat Ramp on
August 26,2002 at 10:00 am.
D. There will be a Erosion Workshop on August 26, 2002 at 2:00 pm in
Conference Room 3.
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NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board
at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the
proceedlngs is made. Upon the request of any party to the proceedings. individuals testifying during a hearing will be sworn in. Any party
to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a
disability requiring accommodation to attend this meeting should contact the SI. Lucie County Community Services Manager at (561) 462-
1777 or TTD (561) 462-1428 at least forty-eight (48) hours prior to the meeting. '.
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BOARD OF COUNTY
COMMISSIONERS
DEPARTMENT OF
VETERAN SERVICES
PAUL J, HIOlT
Director
Presentation to St. Lucie County employees chili cook-off team
The team showed their creativity in the various categories booth competition,
stage performance, parade float, and the chili cook- off.
The St. Lucie County employee's chili cook-off team received the Ft Pierce
exchange club CASTLE'S 2002 chili cook-off Chairman's award this award
is( awarded to the team whose actions and conduct added positively to the
event while demonstrating behavior which enhanced the cook-off festivities.
The team placed in the top 20 teams for fund raising $ 1,360 .00 with the
overall chili cook-off raising more than $ 120,000.00 for the prevention of
child abuse on the treasure coast.
OHN D nRUHr---1 Ostrler No 1 . OOI~G COWAKD. Dlstrrct NO.2. PAULA A. lE')/IS, District No. J . FRANNIE HUTCHINSON District NO.4· CLIFF GARNES. District No 5
(ounry AdminlsTraror - Douglas M. Anderson
2JOOVirgi"ioAvenue. FortPierce,FLJ4982-565J . Phone (561) 871-5416 · Fox (561) 871-5492
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RESOLUTION NO. 02-188
A RESOLUTION PROCLAIMING AUGUST 4,
2002, AS "NATIONAL KIDSDAY" IN ST.
LUCIE COUNTY, FLORIDA
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made
the following determinations:
1. The children of St. Lucie County are the foundation on which our future success is built.
2. Children seek parents, mentors and friends to aid them in reaching important goals.
3. Families and communities play vital roles in helping children develop a positive self
image, sense of belonging and a sense of competence.
4. National KidsDay, (the first Sunday in August) is a special day set aside each year to
encourage and remind adults that the meaningful time they share with children is important to their
development.
5. National KidsDay emphasizes the importance of meaningful time spent with kids on this
Day and every day, all year long.
6. The National KidsDay Alliance is working to establish National KidsDay on the national
calendar.
NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners ofSt.
Lucie County, Florida:
1. This Board does hereby proclaim August 4, 2002 as National KidsDay in St. Lucie
County, Florida.
2. This Board urges the citizens ofSt. Lucie County to join in recognizing and commending
the National KidsDay Alliance organizations in our area for providing their everyday contributions
and commitment to improving the lives of the children and young adults in our communities.
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PASSED AND DULY ADOPTED this 23rd day of July, 2002.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
DEPUTY CLERK
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
COUNTY ATTORNEY
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July 9, 2002
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The Honorable Doug Coward
Chairman
St. Lucie County Commission
2300 Virginia Avenue
Fort Pierce, FL 34982
Dear Chairman Coward:
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BOYS & GIRLS CLUBS
OF ST. LUCIE COUNTY
Boys & Girls Clubs
of St. Lucie County, Inc.
607 North 7th Street, Suite 1
Fort Pierce, FL 34950
Tel 561-460-9918
Fax 561-460-2196
Do you want to help make history? I am writin tell you about an exciting initiative
that is doing just that. It's called National KidsDay, and it's happening the first Sunday
in August annually. This year the Boys & Girls Club of St. Lucie County is hosting the
second annual celebration on Sunday, August 4th at Pepper Park in Fort Pierce with an
"Old Fashioned Picnic" for Club members and their families.
National KidsDay is an annual day to celebrate and honor America's children through
adults spending meaningful time with children. Four youth-serving organizations united
to launch this new national tradition. Boys & Girls Clubs of America is leading the effort
of national youth organizations who are encouraging adults and children to share in
relationship-building activities that create positive and memorable experiences. Our
organizations, like you, know that strong communities and families help build strong
kids. That is why we need your support and leadership.
As a community leader and the voice for thousands of Americans, you are pivotal in
bringing National KidsDay to your constituents. The National KidsDay Alliance
respectfully requests you:
. Proclaim St. Lucie County a National KidsDay community. (In 2001, the U.S.
ConferenCf of Mayors passed a Resolution, ~oclaiming National KidsDay as
t!!e first Sunday in August. We hope you will do so on a local level, too.)
. Participate in the National KidsDay events with the Boys & Girls Club of St.
Lucie County on Sunday, August 4. We respectfully encourage you to set aside
time on August 4th, between 11 a.m. and 4 p.m. in preparation for the "Old
Fashioned Picnic" at Pepper Park in Fort Pierce for Club members and their
families. Please let us know if you can attend. Any time you can dedicate is
greatly appreciated.
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CO. ADMIN. OFFICE
The Positive Place For Kids
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On behalf of the National KidsDay Alliance, thank you in advance for supporting this
worthy and long overdue endeavor and for helping us share a moment, create a
memory and make a kid's day.
Best Regards,
-
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nnie Hargrave ? .-
Director of Development
Boys & Girls Club of St. Lucie County
Enclosures
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COMMISSION PROCLAMATION
WHEREAS,
The children of S1. Lucie County are the foundation on which our future success is built; and
WHEREAS,
Children seek parents, mentors and friends to aid them in reaching important goals; and
WHEREAS,
Families and communities play vital roles in helping children develop a positive self image, sense of
belonging and a sense of competence; and
WHEREAS,
National KidsDay is a special day set aside each year (the first Sunday in August) to encourage and
remind adults that the meaningful time they share with children is important to their development; and
WHEREAS,
The National KidsDay Alliance, comprised of Boys & Girls Clubs of America a·nd other leading youth
serving organizations, together reach millions of youth via their services and community involvement;
and
WHEREAS,
National KidsDay emphasizes the importance of meaningful time spent with kids on this Day and
every day, all year long; and
WHEREAS,
The National KidsDay Alliance is working to establish National KidsDay on the national calendar.
NOW, THEREFORE, I DOUG COWARD, CHAIRMAN OF THE ST. LUCIE COUNTY
COMMISSION, DO HEREBY PROCLAIM AUGUST 4,2002 AS NATIONAL KIDSDAY IN ST.
LUCIE COUNTY, FLORIDA.
And call upon all citizens to join with me in recognizing and commending the National KidsDay
Alliance organizations in OUf area for providing their everyday contributions and commitment to
improving the lives of the children and young adults in our communities.
Signed
Date
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BOYS &.: ClRLS CLUB
OF ST. WClE COUNTY
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AGENDA REQUEST
...I J_ it
, ITEM NO. (fin
DATE: July 23, 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. 02-182 Authorizing Term Loan to Provide Financing for Rock Road Jail
Facility Security System
BACKGROUND:
See attached memorandum
fUNDS A V AILABLE:
PREVIOUS ACTION:
RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 02-182 and authorize
the Chairman to sign the Resolution.
COMMISSION ACTION:
~ APPROVED [ ] DENIED
[ ] OTHER: 5-0
County Attorney: )~} !Jf/l.1
Review and Approvals
Management & BUdgetQ
(
Purchasing:
úV
Originating Dept.
Public Works Dir:
County Eng.:
Finance: (Check for Copy only, if applicable)
Eff. 5/96
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SSQVlRE
v\NDERS
LEGAL
COUNSEL
WORLDWIDE
SQUIRE, SANDERS & DEMPSEYL.L.P.
MEMORANDUM
To: Board of County Commissioners
of St. Lucie County, Florida
From: Robert O. Freeman
Date: July 15, 2002
Re: Resolution Authorizing Term Loan to Provide Financing for Rock Road Jail Facility
Security System
The County has determined the need for a new security system for the Rock Road Jail
Facility. To provide the financing for this project it has been recommended to the Board that the
County borrow funds from Wachovia Bank, National Association (formerly First Union National
Bank) in an amount of$2,190,000.
The attached Resolution would authorize the execution of a Loan Agreement between the
County and Wachovia evidencing the financing. The Loan Agreement is an attachment to the
Resolution, and the Bank's proposal letter is an exhibit to the Loan Agreement.
The security for repayment of the loan is Non-Ad Valorem Revenues annually budgeted and
appropriated in amounts sufficient to make the annual principal and interest payments due on the
Note and, to the extent the Note has not been either paid off or refinanced, to pay the final principal
due on the Note in August 2012.
cc: Daniel S. McIntyre, County Attorney
Douglas M. Anderson, County Administrator
Marie Gouin, Management and Budget Manager
Christann K. Hartley, Finance Director
Loomis C. Leedy, III, William R. Hough & Co.
8927vJl28902-00001/M·BOARD ROCK ROAD
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RESOLUTION NO. 02-182
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST.
LUCIE COUNTY, FLORIDA, AUTHORIZING THE ACQUISITION AND
INSTALLATION OF A NEW SECURITY SYSTEM IN THE ROCK ROAD JAIL
FACILITY; PROVIDING FOR THE BORROWING OF $2,190,000 TO
FINANCE THE COST THEREOF; APPROVING THE PROPOSAL OF
WACHOVIA BANK, NATIONAL ASSOCIATION, TO MAKE A TERM LOAN
TO THE COUNTY IN SUCH PRINCIPAL AMOUNT; PROVIDING FOR THE
ISSUANCE OF A $2,190,000 IMPROVEMENT REVENUE NOTE, SERIES
2002A (ROCK ROAD JAIL SECURITY SYSTEM), AS EVIDENCE OF THE
COUNTY'S OBLIGATION TO REPAY SUCH TERM LOAN; PROVIDING
FOR THE PAYMENT OF THE NOTE AND THE EXECUTION AND
DELIVERY OF A LOAN AGREEMENT BETWEEN THE COUNTY AND THE
BANK CONTAINING TERMS AND CONDITIONS RELATING TO SUCH
LOAN; COVENANTING TO BUDGET AND APPROPRIATE FROM NON-AD
VALOREM REVENUES AMOUNTS NECESSARY TO PAY THE PRINCIPAL
OF AND INTEREST ON SUCH NOTE; AUTHORIZING FURTHER OFFICIAL
ACTION IN CONNECTION WITH THE DELIVERY OF THE NOTE AND THE
LOAN AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE
COUNTY, FLORIDA:
Section 1. Authority for this Resolution. This Resolution is adopted pursuant to the
provisions ofthe Act.
Section 2. Definitions. The following terms shall have the following meanings when used
in this resolution unless the context clearly requires otherwise. Words importing singular number
shall include the plural number in each case and vice versa, and words importing persons shall
include firms and corporations. Capitalized terms used herein and not otherwise defined shall have
the meaning set forth in the Loan Agreement.
"Act" means Chapter 125, Florida Statutes as amended, Ordinance No. 87-77 of the
Board, as amended, and other applicable provisions of law.
"Bank" means Wachovia Bank, National Association, Deerfield Beach, Florida.
"Board" means the Board of County Commissioners, as the governing body of the County.
"Chairman" means the Chairman of the Board, or in the Chairman's absence, the Vice
Chairman.
"Clerk" means the Clerk of the Circuit Court ofSt. Lucie County, Florida, or, in the Clerk's
absence, any Deputy Clerk.
8926VlI28902-0000IIR-AUTH ROCK RD SECURlTY
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"County" means St. Lucie County, Florida, a political subdivision of the State of Florida.
"County Administrator" means the County Administrator ofthe County.
"Covenant" means the covenant to budget and appropriate moneys to pay the Note
contained in Section 10 of the Loan Agreement.
"Loan" means the advance of moneys from the Bank to the County pursuant to the Loan
Agreement.
"Loan Agreement" means the Loan Agreement between the Bank and the County setting
forth the terms and details of the Loan, in substantially the form attached hereto as Exhibit A, with
such modifications and changes thereto as shall be approved by the Chairman, upon the advice of
the County Attorney, such approval to be evidenced by the Chairman's execution thereof
"Note" means the Improvement Revenue Note, Series 2002 (Rock Road Jail Security
System), ofthe County, which shall be in substantially the form attached to the Loan Agreement as
Exhibit A, with such modifications and changes thereto as shall be approved by the Chairman, upon
the advice of the County Attorney, such approval to be evidenced by the Chairman's execution
thereof.
"Paying Agent" means the Clerk of the Circuit Court ofthe County.
"Project" means the acquisition and installation of a new security system in the Rock Road
Jail Facility, and all costs incidental thereto.
"Proposal" means the proposal submitted to the County by the Bank, dated June 19, 2002.
"Project Costs" means all or a portion of the cost of undertaking the Project including, but
not limited to: engineering, legal, accounting, and financial expenses; expenses for estimates of
costs and of revenues; expenses for plans, specifications and surveys; fees of fiscal agents, financial
advisors or consultants; administrative expenses relating solely to the Project; reimbursement to the
County for any sums heretofore expended for the foregoing purposes to the extent permitted under
the Code; and such other costs and expenses as may be necessary or incidental to the financing of
the Project.
"Resolution" means this resolution and all resolutions amendatory hereof and supplemental
hereto.
Section 3. Findings. It is hereby found, declared, and determined by the Board:
(A) It is necessary and in the best interests of the health, safety and welfare of the
County and its inhabitants that the County undertake the Project. The County is authorized
pursuant to the provisions of the Act to undertake the Project.
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8926Vl/28902-00001/R-AUTH ROCK RD SECURITY
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(B) The County is without adequate, currently available funds to pay Project Costs,
and it is necessary and desirable and in the best interests of the County that it borrow the moneys
necessary for the Project. The County is authorized pursuant to the provisions of the Act to
borrow moneys necessary to pay the Project Costs.
(C) The County has requested and received proposals from various lending
institutions in connection with the Project, and, based upon the advice of the William R. Hough
& Co., Financial Advisor to the County, determines that it is in the best interests of the County
that the Proposal be accepted.
(D) It is necessary and desirable and in the best interests of the County that it enter
into the Covenant to secure repayment ofthe Loan.
(E) It is necessary and desirable and in the best interests of the County to authorize
and approve the execution and delivery of the Loan Agreement and the Note, and the taking of
all other action in connection with the consummation of the Loan.
(F) The County does not reasonably expect to issue more than $10 million in debt, the
interest on which is excluded from gross in come under Section 103 of the Code, and, therefore, is
entitled to designate the Note as a "qualified tax-exempt obligation" pursuant to Section
265(b)(3)(B) ofthe Code.
Section 4. Authorization Of Note; Designation Under Code Section 265. Subject and
pursuant to the provisions hereof and in accordance with the provisions of the Loan Agreement and
the Proposal, the issuance by the County of its Improvement Revenue Note, Series 2002 (Rock
Road Jail Security System), in a principal amount of Two Million One Hundred Ninety Thousand
Dollars ($2,190,000) to be dated, to bear interest, to be payable, to mature, to be subject to
redemption and to have such other characteristics as provided in the Loan Agreement and the
Proposal, and to be secured solely by the Covenant, is hereby authorized. The Note is hereby
designated a "qualified tax-exempt obligation" pursuant to Section 265(b)(3)(B) of the Code
Section 5. Approval of Proposal. The recommendation of William R. Hough & Co.,
Financial Advisor to the County, to accept the Proposal is hereby approved. The Proposal is hereby
accepted. The County Attorney and Bond Counsel, are hereby authorized and directed to proceed to
prepare the necessary documents to consummate the Loan.
Section 6. Approval of Form of Loan Agreement and Note. The Loan Agreement
and the Note are hereby approved, and the Chairman and Clerk are hereby authorized to execute
and deliver the Loan Agreement and the Note to the Barne
Section 7. Authorization of Other Action. The Chairman, the Clerk, the County
Administrator, the Management and Budget Administrator, and the County Attorney are each
designated agents of the County in connection with the execution and delivery of the Loan
Agreement and the Note and are authorized and empowered, collectively or individually, to take all
action and steps to execute and deliver any and all instruments, documents or contracts on behalf of
the County which are necessary or desirable in connection with the execution and delivery of the
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8926VI128902-000011R-AUTH ROCK RD SECURITY
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Loan Agreement and the Note to the Bank, including, but not limited to, the making of
modifications to the Loan Agreement and the Note to conform the provisions thereof to the
provisions ofthe Proposal.
Section 8. Application of Proceeds of Loan. The proceeds of the Loan shall be
applied solely to the payment of Project Costs.
Section 9. Repeal of Inconsistent Provisions. All resolutions or parts thereof in conflict
with this resolution are hereby repealed to the extent of such conflict.
Section 10. Severability. If anyone or more of the covenants, agreements, or provisions of
this resolution should be held contrary to any express provision of law or contrary to the policy of
express law, though not expressly prohibited, or against public policy, or shall for any reason
whatsoever be held invalid, then such covenants, agreements, or provisions shall be null and void
and shaH be deemed separate from the remaining covenants, agreements or provisions, and in no
way affect the validity of all other provisions of the Resolution or of the Note or Loan Agreement
delivered hereunder.
Section 11. Amendment. This resolution may not be amended or repealed except with the
prior written consent of the Bank.
Section 12. Effective Date. This resolution shall take effect immediately upon its
adoption.
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892GYlf28902-00001IR-AUTH ROCK RD SECURITY
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Passed and Adopted this 9th day of July 2002, at a regular meeting duly called and held.
ST. LUCIE COUNTY, FLORIDA
(SEAL)
By:
Chairman of the Board of County
Commissioners
ATTEST:
By:
Clerk of the Circuit Court, ex-officio
Clerk of the Board
APPROVED AS TO FORM AND
CORRECTNESS:
County Attorney
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8926V 1!28902-0000llR-AUTH ROCK RD SECURITY
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EXHIBIT A
FORM OF LOAN AGREEMENT
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8925vl/28902-00001/A-I.QAN AGREE
TERM LOAN AGREEMENT
between
ST. LUCæ COUNTY, FLORIDA
and
W ACHOVIA BANK, NATIONAL ASSOCIATION
Dated July _, 2002
Relating to
St. Lucie County, Florida
$2,190,000
hnprovement Revenue Note, Series 2002
(Rock Road Security System)
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TABLE OF CONTENTS
Page
SECTION 1. DEFINITIONS............................,........................................................................................... 1
SECTION 2. INTERPRETATION...... ...... ....... ........... ,.. .............. ........ ............ ... ..... ...... ........ ....... ..... .......... 4
SECTION 3. THE LO~ .................................,..........................................................................................4
SECTION 4. DESCRIPTION OF NOTE .....................................................................................................4
SECTION 5. EXECUTION OF NOTE .........,.............................................................................................. 4
SECTION 6. REGISTRATION AND TRANSFER OF NOTE.................................................................... 5
SECTION 7. NOTE MUTILATED, DESTROYED, STOLEN OR LOST................................................... 6
SECTION 8. FORM OF NOTE ..........................................................:........................................................6
SECTION 9. SECURITY FOR NOTE; NOTE NOT DEBT OF THE COUNTY......................................... 6
SECTION 10. COVENANTS OF THE COUNTY...............,....................................................................... 6
SECTION 11. REPRESENTATIONS AND WARRANTIES...................................................................... 7
SECTION 12. CONDITIONS PRECEDENT.............................................................................................., 8
SECTION 13. NOTICES ....,........................................................................................................................ 9
SECTION 14. EVENTS OF DEFAULT DEFINED..................................................................................... 9
SECTION 15. REMEDIES ........................................................................................................................ 10
SECTION 16. NO RECOURSE................................................................................................................. 11
SECTION 17. PAYMENTS DUE ON SATURDAYS, SUNDAYS AND HOLIDAYS ............................11
SECTION 18. AMENDMENTS, CHANGES AND MODIFICATIONS ................................................... 11
SECTION 19. BINDING EFFECT ............................................................................................................ II
SECTION 20. SEVERABILITY ................................................................................................................ 11
SECTION 21. EXECUTION IN COUNTERPARTS ................................................................................. 11
SECTION 22, APPLICABLE LAW .......................................................................................................... 11
8925v1l28902·0000 II A-LOAN AGREE
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This TERM LOAN AGREEMENT is made and entered into as of July _, 2002, by and
between ST. LUCIE COUNTY, FLORIDA (the "County"), and W ACHOVIA BANK,
NATIONAL ASSOCIATION (the "Bank").
WITNESSETH:
Whereas, the County has previously determined that it is necessary, desirable and in the
best interests of the County and its inhabitants that the County undertake the Project hereinafter
described, and that the Project will serve public purposes of the County; and
Whereas, the County has determined that it is without adequate currently available funds to
pay the Project Costs and that it will be necessary that funds be made available to the County in
order to undertake the Project; and
Whereas, pursuant to the Proposal, a copy of which is attached hereto as Exhibit B, the
Bank has proposed to lend the County the aggregate principal amount of $2,190,000 to finance the
Project Costs; and
Whereas, the County has determined that it is in the best interest of the health, safety, and
welfare of the County and the inhabitants thereof that the County enter into the Covenant to secure
the obligation of the County to repay the principal of and interest on the Note when due and to make
the other payments provided for herein; and
Whereas, the obligation of the County to repay principal of and interest on the Note will not
constitute a general obligation or indebtedness of the County as a "bond" within the meaning of any
provision ofthe Constitution of the State, but shall be and is hereby declared to be a special, limited
obligation of the County, secured solely by the Covenant in the manner provided herein; and
Whereas, the County is not authorized and cannot be compelled to levy taxes on any
property of or in the County to pay the principal of or interest on the Note or to make any other
payments provided for herein. Furthermore, neither the Note nor the interest thereon shall be or
constitute a lien upon the Project or upon any other property of or in the County;
Now, Therefore, in consideration of the premises and the mutual covenants herein set forth
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties do hereby agree as follows:
Section 1. Defmitions. The following terms shall have the following meanings herein,
unless the text otherwise expressly requires:
Act" means Chapter 125, Part I, Florida Statutes, as amended, Ordinance No. 87-77 of the
Board, as amended, and other applicable provisions oflaw.
"Authorized County Representative" means the County Administrator or his designee.
8925vI/28902-0000¡iA·LOAN AGREE
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"Authorized Investments" means any investment, obligation, agreement or other financial
instrument to the extent not inconsistent with the terms of the investment policy of the County and
applicable law.
"Bank" means Wachovia Bank, National Association, a national banking association, with
offices located at 1950 Hillsboro Boulevard, 2nd Floor, Deerfield Beach, Florida 33442.
"Board" means the Board of County Commissioners of the County, as the governing body
of the County.
"Bond Counsel" means Squire, Sanders & Dempsey L.L.P.
"Business Day" means any day of the year other than a day on which the Bank, or the
County are lawfully closed for business.
"Chairman" means the Chairman of the Board, or, in the Chainnan's absence, the Vice-
Chairman of the Board, or such other person as may be duly authorized to act on the Chairman's
behalf.
"Clerk" means the Clerk of the Circuit Court for St. Lucie, County, or, in the Clerk's
absence, any Deputy Clerk duly authorized to execute documents or take other action, as the case
maybe, on the Clerk's behalf.
"Code" means the Internal Revenue Code of 1986, as amended.
"County" means St. Lucie County, Florida.
"County Administrator" means the County Administrator, as the chief operating officer of
the County.
"Covenant" means the covenant of the Board to budget and appropriate funds to pay the
Note and the interest thereon, as set forth in Section lO(A) hereof.
"Default" means an Event of Default as defined and described in Section 16 hereof.
"Disbursement Date" means July _, 2002, or such other date on which proceeds of the
Loan are disbursed to the County.
"Fiscal Year" means the period from each October 1 to the succeeding September 30.
"Interest Rate" means the annual interest rate of
to adjustment as provided in Schedule 1 to the Note.
percent L%), subject
"Loan" means the advance of moneys from the Bank to the County pursuant to this Loan
Agreement.
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"Loan Agreement" means this agreement between the Bank and the County setting forth the
terms and details of the Loan.
"Maturity Date" means the date on which the final principal payment on the Note, together
with accrued interest, is due as shown on Exhibit A hereto.
"Non-Ad Valorem Revenues" means all revenues received by the County (a) from sources
other than the levy of ad valorem taxes upon property, and (b) not restricted by law so as to be
unable to be applied to pay the principal of and interest on the Note.
"Note" means the Improvement Revenue Note, Series 2002 (Rock Road Security System),
ofthe County, substantially in the form attached hereto as Exhibit A.
"Paying Agent" means the Clerk of the Circuit Court ofthe County.
"Payment Date" means the dates on which interest on, and principal of, the Note is payable,
as shown on Exhibit A, hereto.
"Person" or words importing persons, means firms, associations, partnerships (including
without limitation, general and limited partnerships), joint ventures, societies, estates, trusts,
corporations, public or governmental bodies, other legal entities, and natural persons.
"Pledged Revenues" means the Non-Ad Valorem Revenues budgeted, appropriated and
deposited into the Sinking Fund pursuant to the Covenant.
"Prepayment Date" means any date of prepayment of the principal of the Note by the
County, whether in whole or in part.
"Principal Amount" means Two Million One Hundred Ninety Thousand Dollars
($2,190,000).
"Project" means the acquisition and installation of a new security system at the Rock Road
jail facility.
"Project Costs" means all or a portion of the cost of undertaking the Project including, but
not limited to: engineering, legal, accounting, and [mancial expenses; expenses for estimates of
costs and of revenues; expenses for plans, specifications and surveys; fees of fiscal agents, financial
advisors or consultants; administrative expenses relating solely to the Project; reimbursement to the
County for any sums heretofore expended for the foregoing purposes to the extent permitted under
the Code; and such other costs and expenses as may be necessary or incidental to the financing of
the Project.
"Proposal" means the proposal submitted to the County by the Bank, dated June 19,2002.
"Register" means the books maintained by the Registrar in which are recorded the name and
address ofthe Registered Owner of the Note.
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8925vl/28902-00001/A-LOAN AGREE
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"Registered Owner" means the person in whose name the ownership of the Note IS
registered on the books maintained by the Registrar. The Registered Owner shall be the Bank.
"Registrar" means the Person maintaining the Register. The Registrar shall initially be the
Clerk.
"Regulations" means the lncome Tax Regulations promulgated by the lntemal Revenue
Service under Sections 103 and 141 through 150 ofthe Code.
"Resolution" means Resolution No. 02-_, adopted by the Board on July 9, 2002, and all
resolutions amendatory thereof and supplemental thereto
"Sinking Fund" means the fund created pursuant to Section 9 hereof.
"State" means the State of Florida.
Section 2. Interpretation. Unless the context clearly requires otherwise, words of
masculine gender shall be construed to include correlative words of the feminine and neuter genders
and vice versa, and words of the singular number shall be construed to include correlative words of
the plural number and vice versa. This Loan Agreement and all the terms and provisions hereof (a)
have been negotiated between the County and the Bank; (b) shall not be construed strictly in favor
of or against either party hereto; and ( c) shall be construed to effectuate the purpose set forth herein
and to sustain the validity hereof.
Section 3. The Loan.
A. Loan. The Bank hereby makes and the County hereby accepts the Loan, upon the
terms and conditions set forth herein.
B. Disbursement of Proceeds. Proceeds of the Loan shall be made available by the
Bank to the County by deposit of the principal amount thereof to or for the order of the County by
2:00 p.m. on the Disbursement Date in immediately available funds.
Section 4. Description Of Note. The obligation of the County to repay the Loan shall be
evidenced by the Note. The Note shall be dated as of the Disbursement Date; shall mature as set
forth therein; shall be in registered form; and shall bear interest from its date until payment of the
principal amount thereof, at the lnterest Rate. lnterest shall be payable as set forth on Exhibit A,
calculated on the basis of 360-day year consisting of twelve 30-day months, from its date as to
principal at the lnterest Rate shown on Exhibit A hereto. The Note may be prepaid in whole or in
part prior to maturity upon the terms and conditions contained in the Note.
Section 5. Execution of Note. The Note shall be executed in the name of the County by
the Chairman and attested by the Clerk, and its corporate seal or a facsimile thereof shall be affixed
thereto or reproduced thereon. The Note may be signed and sealed on behalf of the County by any
person who at the actual time of the execution of the Note shall hold the appropriate office in the
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8925v1/28902-0000 1/ A-LOAN AGREE
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County, although at the date thereof the person may not have been so authorized. The Note may be
executed by the facsimile signatures of the Chairman and/or Clerk, provided that at least one of the
foregoing signatures must be a manual signature.
Section 6. Registration and Transfer of Note. The Note shall be and shall have all the
qualities and incidents of a negotiable instrument under the Uniform Commercial Code-lnvestment
Securities Laws of the State of Florida, and each Registered Owner, in accepting the Note, shall be
conclusively deemed to have agreed that such Note shall be and have all of the qualities and
incidents of negotiable instruments thereunder.
There shall be a Registrar who shall be responsible for maintaining the Register. The person
in whose name ownership of the Note is shown on the Register shall be deemed the Registered
Owner thereof by the County and the Registrar, who may treat the Registered Owner as the absolute
owner of the Note for all purposes, whether or not the Note shall be overdue, and any notice to the
contrary shall not be binding upon the County or the Registrar.
Ownership of the Note may be transferred only upon the Register. Upon surrender to the
Registrar for transfer or exchange of the Note accompanied by an assignment or written
authorization for exchange, whichever is applicable, duly executed by the Registered Owner or its
attorney duly authorized in writing, the Registrar shall deliver in the name of the Registered Owner
or the transferee or transferees, as the case may be, a new fully registered Note of the same amount,
maturity and interest rate as the Note surrendered.
The Note presented for transfer, exchange, redemption or payment (if so required by the
County or the Registrar) shall be accompanied by a written instrument or instruments of transfer or
authorization for exchange, in form and with guaranty of signature satisfactory to the County or the
Registrar, duly executed by the Registered Owner or by his duly authorized attorney.
The County and the Registrar may charge the Registered Owner a sum sufficient to
reimburse them for any expenses incurred in making any exchange or transfer after the fIrst such
exchange or transfer following the delivery of such Note. The Registrar or the County may also
require payment from the Registered Owner or his transferee, as the case may be, of a sum
sufficient to cover any tax, fee or other governmental charge that may be imposed in relation thereto.
Such charges and expenses shall be paid before any such new Note shall be delivered.
The new Note delivered upon any transfer or exchange shall be a valid obligation of the
County, evidencing the same debt as the Note surrendered, shall be secured under this Loan
Agreement, and shall be entitled to all of the security and benefIts hereof to the same extent as the
Note surrendered.
Whenever the Note shall be delivered to the Registrar for cancellation, upon payment of the
principal amount thereof, or for replacement, transfer or exchange, such Note shall be cancelled and
destroyed by the Registrar, and counterparts of a certifIcate of destruction evidencing such
destruction shall be furnished to the County.
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8925v1l28902-00001lA-WAN AGREE
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Section 7. Note Mutilated, Destroyed, Stolen Or Lost. In case the Note shall be
mutilated, or be destroyed, stolen or lost, upon the Registered Owner fumismng the Registrar
satisfactory indemnity and complying with such other reasonable regulations and conditions as the
County may prescribe and paying such expenses as the County may incur, the Registrar shall issue
and deliver a new Note oflike tenor as the Note so mutilated, destroyed, stolen or lost, in lieu of or
substitution for the Note, if any, destroyed, stolen or lost, or in exchange and substitution for such
mutilated Note, upon surrender of such mutilated Note, if any, to the Registrar and the cancellation
thereof; provided however, if the Note shall have matured or be about to mature, instead of issuing a
substitute Note, the County may pay the same, upon being indemnified as aforesaid, and if such
Note be lost, stolen or destroyed, without surrender thereof Any Note surrendered under the terms
oftms Section 7 shall be cancelled by the Registrar.
Any such new Note issued pursuant to tms section shall constitute an original, additional
contractual obligation on the part of the County whether or not, as to the new Note, the lost, stolen
or destroyed Note be at any time found by anyone, and such new Note shall be entitled to equal and
proportionate benefits and rights as to security for payment to the same extent as the Note originally
issued hereunder.
Section 8. Form Of Note. The Note shall be in substantially the form of Exmbit A hereto,
with such variations, omissions and insertions as may be necessary, desirable and authorized or
permitted by this Loan Agreement.
Section 9. Security For Note; Note Not Debt Of The County. The payment of the
principal of and interest on the Note shall be secured forthwith solely by a lien upon and pledge of
the Pledged Revenues. The principal of and interest on the Note shall not constitute a general
obligation or indebtedness of the County, and the Registered Owner shall never have the right to or
compel the levy of taxes upon any property of or in the County for the payment of the principal of
and interest on the Note. The Note shall not be secured by, nor constitute, a lien upon the Project or
upon any money of or in the County, but shall be secured solely by the Pledged Revenues in the
manner provided herein.
There is hereby created and established an "Improvement Revenue Note, Series 2002 (Rock
Road Security System Sinking Fund', which shall be maintained on the books of the County as a
separate account (but need not be maintained as a separate bank or deposit account). On or before
each Payment Date, the County will, pursuant to the Covenant, deposit into the Sinking Fund from
Non-Ad Valorem Revenues amounts sufficient to pay the principal and interest due in the Note in
such Payment Date. Moneys in the Sinking Fund shall be used only to pay principal of and interest
on the Note (including any Breakage Fee) and for no other purpose.
Section 10. Covenants Of The County. Until the principal of and interest on the Note
shall have been paid in full or until provision for payment of the Note shall have been made in
accordance with the provisions of this Loan Agreement, the County covenants with the Registered
Owner of the Note as follows:
A. Covenant to Budget and Appropriate. The County will budget and appropriate in
each Fiscal Year from Non-Ad Valorem Revenues amounts sufficient to provide for the timely
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payment of the principal of and interest on the Note. The COilllty will include in its annual budget,
by amendment if necessary, such amoilllts of Non-Ad Valorem Revenues as shall be needed in
order to provide for payment of the principal of and interest on the Note, when due. The obligation
of the COilllty illlder this Covenant shall be deemed to be junior and subordinate to any lien upon
any specific source of Non-Ad Valorem Revenues, whether now existing or hereafter created, and
shall not be deemed to preclude the COilllty from hereafter pledging any specific source of Non-Ad
Valorem Revenues to secure the payment of any debt or obligation of the COilllty hereafter issued,
so long as such future issuance will not have the effect of impairing the obligation of the COilllty
under this Loan Agreement and the Note or of making illlavailable sufficient amounts of reasonably
anticipated Non-Ad Valorem Revenues to make timely payment of the principal of and interest on
the Note.
B. Pavments. The County will make timely payments of all principal and interest on
the Note when due by wire transfer to the Banle
C. Financial Statements. Not later than 180 days following the end of each Fiscal Year ,
the County will provide the Bank a copy of the Comprehensive Annual Financial Report of the
County.
D. Annual Budget and Other Information. The COilllty will prepare its annual budget in
accordance with the Act, and will provide to the Bank (i) a copy of its final annual budget for each
Fiscal Year within 30 days of adoption thereof by the Board and (ii) such other public information
as the Bank may reasonably request.
E. Tax Compliance. The County will take all actions necessary to maintain (1) the
exclusion from gross income for purposes of the Code of interest on the Note to the same extent as
on the date of issuance of the Note, and (2) the status of the Note as a "qualified tax-exempt
obligation" under the provisions of Section 265(b )(3)(B) ofthe Code.
F. Coverage. While the Note is outstanding and illlpaid, the average of the Non-Ad
Valorem Revenues (excluding amounts necessary for payment for services and programs affecting
the health, safety and welfare of County residents or payments mandated by applicable law) for the
two most recent Fiscal Years of the County must always equal or exceed one and one-half times
(1.5x) the annual debt service payments on all outstanding and proposed debt secured by all or any
specified portion of Non-Ad Valorem Revenues. The County will certify annually to the Bank its
compliance with this requirement.
G. Other Covenants. The County shall comply with such additional covenants as may
be required by the Bank pursuant to its Proposal and specified in Exhibit B attached hereto.
Section 11. Representations And Warranties. The County represents and warrants to
the Bank that:
A. Organization. The County is a political subdivision, duly organized and existing
illlder the laws of the State of Florida.
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8925vl/28902-0000IlA-LOAN AGREE
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B. Authorization of Loan Agreement and Related Documents. The County has the
power and has taken all necessary action to authorize the execution and delivery of and the
performance by the County of its obligations under, this Loan Agreement and the Note in
accordance with their respective terms. This Loan Agreement and the Note have been duly
executed and delivered by the County and are valid and binding obligations of the County,
enforceable against the County in accordance with their respective terms, except to the extent that
such enforcement may be limited by laws regarding bankruptcy, insolvency, reorganization or
moratorium applicable to the County or by general principles of equity regarding the availability of
specific performance. The County does not expect to issue more than $10 million in debt the
interest on which is excluded from gross income under the Code during the calendar year ending
December 31, 2002, and it entitled to designate the Note as a "qualified tax-exempt obligation"
under the provisions of Section 265(b)(3)(B) of the Code.
C. Non-Ad Valorem Revenues. The County currently receives the Non-Ad Valorem
Revenues and is legally entitled to covenant to budget and appropriate from such Non-Ad Valorem
Revenues amounts necessary to pay the principal of and interest on the Note when due. The Non-
Ad Valorem Revenues are estimated to be sufficient to pay the principal of and interest on the Note
as the same becomes due. The County will take all lawful action necessary to enable the County to
continue to receive the Non-Ad Valorem Revenues in at least the amounts necessary to pay
principal and interest on the Note to the extent not paid from some other source; provided that the
County shall not be required to maintain any specific program or provide any particular services that
may be a source of Non-Ad Valorem Revenues.
D. Financial Statements. The financial statements of the County for the Fiscal Year
ended September 30, 2001, previously provided to the Bank were prepared in accordance with
generally accepted accounting principles and present fairly the financial condition of the County as
of such date and the results of its operations for the period then ended. Since such date, there has
been no material adverse change in the financial condition, revenues (including, without limitation,
the Non Ad Valorem Revenues), properties or operations of the County.
Section 12. Conditions Precedent. The obligation of the Bank to make the Loan is subject
to the satisfaction of each of the following conditions precedent on or before the Disbursement Date:
A. Action. The Bank shall have received a copy of the Resolution certified as complete
and correct as of the closing date, together with an executed Loan Agreement, the executed Note,
and the customary closing certificates.
B. Incumbencv of Officers. The Bank shall have received an incumbency certificate of
the County in respect of each of the officers who is authorized to sign this Loan Agreement and the
related financing documents on behalf of the County.
C. Opinion of Co un tv Attornev. The Bank shall have received a written opinion of the
County Attorney as to (1) the corporate existence of the County; (2) the due adoption of the
Resolution; (3) the due authorization and execution of this Loan Agreement and the Note and the
related fmancing documents; and (4) the absence of litigation against the County relating to its
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existence or powers, or the proceedings for the authorization and issuance of the Note, in form and
substance satisfactory to the Bank.
D. Opinion of Bond Counsel. The Bank shall have received an approving opinion of
Bond CounseI or, alternatively, a letter from Bond Counsel authorizing the Bank to rely on the
approving opinion of Bond Counsel delivered to the County in respect to the Note to the same
extent as if such opinion were addressed to the Bank.
E. Representations and Warranties: No Default. The representations and warranties
made by the County herein shall be true and correct in all material respects on and as of the
Disbursement Date, as if made on and as of such date; no Default shall have occurred and be
continuing as of the Disbursement Date or will result from the consummation of the Loan; and the
Bank shall have received a certificate from the County to the foregoing effect.
F. Other Documents. The Bank shall have received such other documents, certificates
and opinions as the Bank or its counsel shall have reasonably requested.
Section 13. Notices. All notices, certificates or other communications hereunder shall be
sufficiently given and shall be deemed given when hand delivered, delivered by telecopier, mailed
by registered or certified mail, postage prepaid, or delivered by courier service to the parties at the
following addresses:
County:
St. Lucie County, Florida
County Administration Building
2300 Virginia Avenue
Fort Pierce, Florida 34982
Attention: County Administrator, with a required copy to
the County Attorney at the same address
Bank:
Wachovia Bank, National Association
1950 Hillsboro Boulevard, 2nd Floor
Deerfield Beach, Florida 33442
Attention: Government Banking
Any of the above parties may, by notice in writing given to the others, designate any further or
different addresses to which subsequent notices, certificates or other communications shall be sent.
Communication via telecopier shall be confirmed by delivery by hand, mail, or courier, as specified
above, of an original promptly after such communication by telecopier.
Section 14. Events Of Default Defined. The following shall be "Events of Default" under
this Loan Agreement, and the terms "Default" and "Events of Default" shall mean (except where
the context clearly indicates othexwise), anyone or more of the following events:
A. Failure by the County to make any payment of principal of or interest on the Note
within three (3) days of the applicable Payment Date.
9
8925vI/28902-00001/A-WAN AGREE
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B. Failure by the County to include in its annual budget or to appropriate and deposit
into the Sinking Fund the amounts required to pay the principal of and interest on the Note in the
Fiscal Year to which the annual budget relates.
C. Failure by the County to observe and perform any other covenant, condition or
agreement on its part to be observed or performed under this Loan Agreement for a period of thirty
(30) days after written notice of such failure shaIl have been delivered to the County by the Bank,
unless the Bank shall agree in writing to an extension of such time prior to its expiration;
D. The making of any warranty, representation or other statement by the County or by
an officer or agent of the County in this Loan Agreement or in any instrument furnished in
compliance with or in reference to this Loan Agreement which is false or misleading in any material
adverse respect;
E. Payment default by the County on other debt secured by Non-Ad Valorem Revenues
or by a covenant to budget and appropriate from Non-Ad Valorem Revenues.
F. The filing of a petition against the County under any bankruptcy, reorganization,
arrangement, insolvency, readjustment of debt, dissolution or liquidation law of any jurisdiction,
whether now or hereafter in effect, if an order for relief is entered under such petition or such
petition is not dismissed within sixty (60) days of such filing;
G. The filing by the County of a voluntary petition in bankruptcy or seeking relief
under any provision of any bankruptcy, reorganization, arrangement, insolvency, readjustment of
debt, dissolution or liquidation law of any jurisdiction, whether now or hereafter in effect, or the
consent by the County to the filing of any petition against it under such law; or
H. The admission by the County of its insolvency or bankruptcy or its inability to pay
its debts as they become due or that it is generaIly not paying its debts as such debts become due, or
the County's becoming insolvent or bankrupt or making an assignment for the benefit of creditors,
or the appointment by court order of a custodian (including without limitation a receiver, liquidator
or trustee) of the County or any of its property taking possession thereof and such order remaining
in effect or such possession continuing for more than sixty (60) days.
Section 15. Remedies. The Bank may sue to protect and enforce any and all rights,
including the right to specific performance, existing under the laws of the State of Florida, of the
United States of America, or granted and contained in this Loan Agreement, and to enforce and
compel the performance of all duties required by this Loan Agreement or by any applicable laws to
be performed by the County, the Board or by any officer thereof, and may take all steps to enforce
this Loan Agreement to the full extent permitted or authorized by the laws of the State of Florida or
the United States of America, including acceleration of all amounts outstanding under this Loan
Agreement or the Note. The County waives its right to trial by jury in the event of any proceedings
in state or federal courts to enforce the terms of the Note or of this Loan Agreement, and the Bank
waives its right to trial by jury in any such proceedings.
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8925vl/2S902-00001/A-LOAN AGREE
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In addition, upon the occurrence of an Event of Default described in paragraphs F, G or H,
of Section 14, and upon the occurrence of any other Event of Default and thirty (30) days notice
to the County, by the Bank, the principal of and interest on the Note shall immediately become
due and payable.
Any amount due hereunder not paid when due shall bear interest at the default rate equal
to the interest rate on the Note plus 3% per annum.
Section 16. No Recourse. No recourse shall be had for the payment of the principal of and
interest on the Note or for any claim based on the Note or on this Loan Agreement, against any
present or former member or officer of the Board or any person executing the Note.
Section 17. Payments Due On Saturdays, Sundays And Holidays. In any case where
the date for making any payment or the last date for performance of any act or the exercise of any
right, as provided in this Loan Agreement, shall be other than a Business Day, then such payment or
performance shall be made on the succeeding Business Day with the same force and effect as if
done on the nominal date provided in this Loan Agreement, provided that interest on any monetary
obligation hereunder shall accrue at the applicable rate to and including the date of such payment.
Section 18. Amendments, Changes And Modifications. This Loan Agreement may be
amended only in writing signed by both parties hereto.
Section 19. Binding Effect. To the extent provided herein, this Loan Agreement shall be
binding upon the County and the Bank and shall inure to the benefit of the County and the Bank and
their respective successors and assigns.
Section 20. Severability. In the event any court of competent jurisdiction shall hold any
provision of this Loan Agreement invalid or unenforceable such holding shall not invalidate or
render unenforceable, any other provision hereof.
Section 21. Execution In Counterparts. This Loan Agreement may be simultaneously
executed in several counterparts, each of which shall be an original and all of which shall constitute
but one and the same instrument.
Section 22. Applicable Law. This Loan Agreement shall be governed by and construed in
accordance with the laws of the State.
11
8925vIl28902·0000IlA·LOAN AGREE
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In Witness Whereof, the parties hereto have duly executed this Loan Agreement as of the
date fIrst above written.
ST. LUCIE COUNTY, FLORIDA
(SEAL)
By:
Chairman,
Board of County Commissioners
ATTEST:
By:
Clerk of the Circuit Court,
ex-offIcio Clerk of the
Board of County Commissioners
APPROVED AS TO FORM AND
CORRECTNESS:
County Attorney
W ACHOVIA BANK, NATIONAL ASSOCIATION
By:
Title:
12
8925v1l28902-00001lA-LOAN AGREE
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EXHIBIT A
FORM OF NOTE
No. R-1
$2,190,000
ST. LUCIE COUNTY, FLORIDA
IMPROVEMENT REVENUE NOTE, SERIES 2002
(Rock Road Security System)
RATE OF INTEREST
MATURITY DATE
DATE OF ISSUE
%
August 1,2012
July _, 2002
REGISTERED OWNER: Wachovia Bank, National Association
PRINCIPAL AMOUNT: Two Million One HWldred Ninety Thousand Dollars
KNOW ALL MEN BY THESE PRESENTS, that S1. Lucie COWlty, Florida (the "COWlty"),
for value received, hereby promises to pay to the Registered Owner designated above, or registered
assigns, solely from the special funds hereinafter mentioned, on August 1, 2003, and on each
August 1 thereafter, to and including the Maturity Date specified above, the installments of the
above Principal AmOWlt, as shown on Schedule 2 attached hereto and forming a part hereof (the
"Schedule"), and to pay solely from such funds interest thereon from the date of this Note or from
the most recent date to which interest has been paid, whichever is applicable, Wltil payment of such
Principal Amount, interest at the Rate of Interest shown above, subject to adjustment as set forth in
Schedule 1 attached hereto, such interest being payable semi-annually on each February 1 and
August 1 (an "Interest Payment Date") commencing February 1, 2003, with all unpaid interest
being due on the Maturity Date, by wire transfer in accordance with written instructions delivered
by the Registered Owner to the COWlty or by such other medium acceptable to the COWlty and to
such Registered Owner. The principal of, premium, if any, and interest on this Note are payable in
lawful money of the United States of America. Interest due hereon shall be calculated on the basis
of a 360-day year consisting of twelve 30-day months.
The COWlty may prepay this Note at any time by paying to the Registered Owner the
outstanding principal balance of the Note together with accrued interest to the date of prepayment
and the Breakage Fee, if any determined as set forth in Schedule 3 hereto.
A-I
8925vl/28902-00001lA-LOAN AGREE
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This Note is issued to finance the costs of the acquisition and installation of a new security
system at the Rock Road jail facility within the County ("the Project"), under the authority of and in
full compliance with the Constitution and Statutes of the State of Florida, including particularly
Chapter 125, Florida Statutes, as amended, Ordinance No. 87-77 of the Board, as amended, and
other applicable provisions of law, and Resolution No. 02-_, duly adopted by the Board of
County Commissioners (the "Board") on July 9, 2002 (the "Resolution"), and pursuant to a Loan
Agreement between the County and Wachovia Bank, National Association, dated July _,2002 (the
"Loan Agreement"), to which reference should be made to ascertain those terms and conditions.
This Note is payable from and secured solely by the Pledged Revenues, as defined in and in
the manner provided in, and subject to the terms and conditions of, the Resolution and the Loan
Agreement.
The principal of and interest on this Note do not constitute a general obligation or
indebtedness of the County, and the Registered Owner shall never have the right to require or
compel the levy of taxes on any property of or in the County for the payment of the principal of and
interest on this Note. The principal of and interest on this Note are not secured by a lien upon the
Project, or upon any property of or in the County, but are secured solely by the Pledged Revenues in
the manner provided herein and in the Loan Agreement. Reference is made to the Loan Agreement
for the provisions relating to the security for payment of this Note and the duties and obligations of
the County hereunder.
The Registered Owner may sue to protect and enforce any and all rights, including the right
to specific performance, existing under the laws of the State of Florida, of the United States of
America, or granted and contained in the Loan Agreement, and to enforce and compel the
performance of all duties required by the Loan Agreement or by any applicable laws to be
performed by the County, the Board or by any officer thereof, and may take all steps to enforce the
Loan Agreement to the full extent permitted or authorized by the laws of the State of Florida or the
United States of America, including acceleration of all amounts of principal outstanding hereunder
together with interest thereon. The County waives its right to trial by jury in the event of any
proceedings in state or federal courts to enforce the terms of this Note or of the Loan Agreement,
and the Registered Owner, by its acceptance of this Note, waives its right to trial by jury in any such
proceedings.
This Note may be transferred or assigned by the Registered Owner without the prior written
consent of the County provided that (1) the County is given notice of such transfer not later than ten
(10) days prior to the next Interest Payment Date on the Notes and (2) the transferee provides to the
County an investment letter in form and substance materially the same as the letter provided by the
Bank to the County upon the original issuance hereof .
Upon the occurrence of an Event of Default, as defined in the Loan Agreement, the County
shall also be obligated to pay from moneys budgeted and appropriated pursuant to the Covenant all
costs of collection and enforcement hereof, including attorneys' fees (including fees incurred on
appeal).
A-2
8925vI128902-0000¡/A·LOAN AGREE
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It is hereby certified and recited that all acts, conditions and things required by the
Constitution and laws of the State of Florida to be performed, to exist and to happen precedent to
and in the issuance of this Note, have been performed, exist and have happened in regular and due
form and time as so required.
IN WITNESS WHEREOF, St. Lucie County, Florida, has caused this Note to be executed
by the Chairman or Vice-Chairman of its Board of County Commissioners, and attested by the
Clerk or Deputy Clerk of the Circuit Court, ex officio Clerk of the Board of County Commissioners,
either manually or with their facsimile signatures, and its seal or a facsimile thereof to be affixed,
impressed, imprinted, lithographed or reproduced hereon, all as of the Date ofIssue above.
ST. LUCIE COUNTY, FLORIDA
(SEAL)
By:
Chairman,
Board of County Commissioners
ATTEST:
By:
Clerk of the Circuit Court,
ex-officio Clerk of the
Board of County Commissioners
A-3
8925v1l28902-00001/A-LOAN AGREE
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SCHEDULES TO
ST. LUCIE COUNTY, FLORIDA
IMPROVEMENT REVENUE NOTE, SERIES 2002
(Rock Road Security System)
Schedule 1 - Adjustments To Interest Rate In Certain Events
Schedule 2 - Amortization Schedule
Schedule 3 - Breakage Fee
8925vI128902.0ooo II A-LOAN AGREE
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SCHEDULE 1
ADJUSTMENTS TO INTEREST RATE IN CERTAIN EVENTS
The rate of interest on this Note shall be adjusted, as set forth below:
The interest rate on the Note is based on (a) the status of the Note as a tax exempt
obligation under Section 103 of the Internal Revenue Code of 1986, as amended ("Code"); (b)
the laws in effect on the Date of Issue of the Note; and ( c) the maximum corporate income tax
rate in effect and applicable to the Registered Owner on the Date ofIssue of the Note.
If the Note should be determined not to be (a) a tax-exempt obligation for purposes of
Section 103 of the Code, the interest rate on the Note will be adjusted retroactive to the date
that such determination became effective in order to preserve to the Registered Owner the after-
tax yield that the Registered Owner enjoyed on the Date ofIssue of the Note; (b) a "qualified
tax-exempt obligation" for purposes of Section 265(b )(3)(B) of the Code, the interest rate on
the note will be adjusted retroactive to the date that such determination became effective to
80% of the lO-year US Dollar Swap Offering Rate plus 81 basis points. The County will pay
any amounts due as a result of the foregoing determinations within 180 days of such
determination becoming final and, in addition, shall pay any additions to tax, penalties, any
interest on the Note, and any arrears in interest resulting from such a determination.
If the (A) laws in effect or (B) the maximum corporate income tax rate in effect on the
Date ofIssue of the Note should change, the Registered Owner may adjust the interest rate on the
Note retroactive to the date of such change to the extent necessary to preserve to the Registered
Owner the after-tax yield that the Registered Owner enjoyed on the Date ofIssue of the Note.
If any amounts due on the Note are in default, then the interest rate on the Note shall be
adjusted to the rate of the Rate of Interest on the Note plus 3% per annum.
Any additional interest, and any additions to tax, penalties and interest payabIe pursuant
to the preceding paragraphs shall be payable on the earlier of the first day of the first month or
the first interest payment date following the date the Registered Owner notifies the County ofthe
amount due, and thereafter, such increased interest rate shall be payable on the same dates
interest would have otherwise been payable. The adjustments provided for in this schedule and
the obligation of the County to pay any additional amounts hereunder shall survive the payment
of the Note until the expiration of the statute oflimitations applicable to the ability of the Internal
Revenue Service to determine that the Note was not a tax-exempt obligation.
SCHEDULE 1-1
8925vI/28902-ll000JiA·LOAN AGREE
\..,
Date
02/01/2003
08/01/2003
02/01/2004
08/01/2004
02/01/2005
08/01/2005
02/01/2006
08/01/2006
02/01/2007
08/01/2007
02/01/2008
08/01/2008
02/01/2009
08/01/2009
02/01/2010
08/01/2010
02/01/2011
08/01/2011
02/01/2012
08/01/2012
8925v[/28902-00001/A-LOAN AGREE
SCHEDULE 2
ST. LUCIE COUNTY, FLORIDA
IMPROVEMENT REVENUE NOTE, SERIES 2002
(Rock Road Security System)
AMORTIZATION SCHEDULE
Principal
Interest
SCHEDULE 2-2
Total P&I
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SCHEDULE 3
ST. LUCIE COUNTY, FLORIDA
IMPROVEMENT REVENUE NOTE, SERIES 2002
(Rock Road Security System)
BREAKAGE SCHEDULE
In addition to principal, interest and any other amounts due under this Note,
the County shall on demand pay the Bank any" Breakage Fee" due hereunder
for each Break Event. "Break Event" means any voluntary or mandatory
prepayment or acceleration, in whole or in part, of principal of this Note
occurring prior to the date such principal would, but for that prepayment or
acceleration, have become due ("Scheduled Due Date"). For each date on
which a Break Event occurs ("Break Date"), a Breakage Fee shall be due only
if the rate under "A" below exceeds the rate under "B" below and shall be
determined as follows:
Breakage Fee = the Present Value of ((A-B)xC) + UBOR Breakage, where:
A = The rate per annum equal to the sum of (i) the bond equivalent yield
(bid side) of the U.S. Treasury security with a maturity closest to the
Maturity Date as reported by the Wall Street Journal (or other
published source) on the date the Interest Rate of this Note was set
("Lock in Date"), ~ (ij) the corresponding swap spread of Bank on
the Lock in Date for a fixed rate payor to pay Bank the fixed rate side
of an interest rate swap of that maturity, ~ (iii) .25%.
B = A rate per annum equal to the sum of (i) the bond equivalent yield (bid
side) of the U.S. Treasury security with a maturity closest to the
Maturity Date as reported by the Wall Street Journal (or other
published source) on the Break Date, plus (ii) the corresponding swap
spread that Bank determines another swap dealer would quote to Bank
on the Break Date for paying to Bank the fixed rate side of an interest
rate swap of the maturity.
C = The sum of the products of (i) each Affected Principal Amount for
each Affected Principal Period, times (ij) the number of days in that
Affected Principal Period divided by 360 (if this Note uses the
Actual/360 Computation) or the actual number of days in the year (if
this Note uses the Actual/Actual Computation).
"Affected Principal Amount" for an Affected Principal Period is the principal amount
of this Note scheduled to be outstanding during that Affected Principal Period
SCHEDULE 3-3
8925vl/28902-oo001l A-LOAN AGREE
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determined as of the relevant Break Date before giving effect to the Break Event on
that Break Date, and for any prepayment, multiplying each such principal amount
times the Prepayment Fraction.
"Affected Principal Period" is each period from and including a Scheduled Due Date
to but excluding the next succeeding Scheduled Due Date, provided that the first
such period shall begin on and includes the Break Date.
"L1BOR Breakage" is any additional loss, cost or expense that Bank may incur with
respect to any hedge for the fixed rate of this Note based on the difference
between the London interbank offered rate (for U.S. dollar deposits of the relevant
maturity) available in the London interbank market at the beginning of the interest
period in which the Break Date occurs and that which is available in that market on
the Break Date.
"Maturity Date" is the date on which the final payment of principal of this Note
would, but for any Break Event, have become due.
"Prepayment Fraction" is a fraction equal to the principal amount being prepaid
over the principal amount of this Note outstanding immediately prior to that
prepayment on the Break Date.
"Present Value" is determined as of the Break Date using "B" above as the
discount rate.
In addition, a Break Event shall be deemed to occur hereunder if, on any date
("Borrowing Date") after the date hereof but prior to any acceleration of this Note,
any advance of principal under this Note is scheduled to be made and that advance
fails to be made on that Borrowing Date (whether due to Borrower's default,
Borrower's failure to borrow, the termination of any loan commitment, any
unsatisfied condition precedent, or otherwise), in which case that Borrowing Date
shall be a Break Date, the Affected Principal Amount for that Break Event shall be
based on the amount of the failed advance, and the Borrower shall on demand pay
to the Bank any Breakage Fee due hereunder for that Break Event.
Breakage Fees are payable as liquidated damages, are a reasonable pre-estimate of
the losses, costs and expenses Bank would incur in the event of any prepayment or
acceleration of this Note, are not a penalty, will not require claim for, or proof of,
actual damages, and Bank's determination thereof shall be conclusive and binding
in the absence of manifest error. For any Break Event hereunder, the foregoing
Breakage Fee provisions supersede any breakage compensation agreement that
Borrower and Bank may have executed with respect to this Note.
SCHEDULE 3-4
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EXHIBIT B
BANK'S PROPOSAL LETTER
B-1
8925vl/28902-00001lA-LOAN AGREE
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June 24, 2002
Ms. Marie Gouin
Management and Budget Manager
St. Lucie County
2300 Virginia Avenue
Fort Pierce, FL 34982-5652
Re: Rock Road Jail Security System Financing
Dear Ms. Gouin:
On Friday, June 21, we received responses to a Request For Proposal (RFP) to provide
the financing for the new security system at Rock Road Jail. The bank loan will be
amortized over 10 years, and the security will be a covenant by St. Lucie County to
budget and appropriate the required debt service payments from legally available non-ad
valorem revenues each year.
As shown on the enclosed attachment, a total of six bids were received. It would appear
that the bid of First Union National Bank is low, with a fixed rate of 4.71 % under current
market conditions. The second place bid was from SunTrust, at 4.78%. First Union also
included an option giving the County the right to prepay the loan without penalty after
2007, at a fixed rate of 5.07%. Because there are no immediate plans to prepay this loan,
we recommend that the County approve the 4.71 % option, thereby saving 36 basis points
per year. We therefore recommend approval of the First Union National Bank proposal
for this financing.
Please call if you have any questions or need additional information.
Sincerely,
WILLIAM R. HOUGH & CO.
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Loomis C. Leedy, III
First Vice President
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Landmark Centre II, 225 Easr Robinson Street, Snite 465, Orlando FL 32801-4322 Toll Free, 800624-8836 Local, 407 422-5161 f;¡x, 407 422-5659
MEMBER. NASD/SIPC
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St. Lucie County, Florida
Rock Road Jail Security System Financing
Results of ReQuest For Proposals
Banking Additional Terms and
Institution Proposed Rate Costs Conditions
First Union Option I - 4.71% $2,500 legal · 1.5x coverage
National Prepayable at any time at on covenant debt.
Bank prepayment penalty IF interest rates · Standard bank
are lower at time of prepayment. "gross up"
Option II - 5.07% Prepayable after language.
2007 at no prepayment penalty.
SunTrust Option I - 4.78% Prepayable at any $3,000 legal · 2.Ox coverage
time at prepayment penalty IF on covenant debt.
interest rates are lower at time of · Standard bank
prepayment. "gross up"
Option II - 5.057% Prepayable at language
any time without penalty.
Bank of Proposed rate - 4.83% Prepayable $1,500 legal · 1.75x coverage
America at anytime at prepayment penalty IF of covenant debt
interest rates are lower at time of · Standard bank
prepayment "gross up"
language.
Harbor Proposed rate 5.91 % $2,500 legal
Federal
Riverside Proposed rate - 6.61 % $5,000 legal
National
Bank
First Proposed rate - 7% $5,475 loan
National fee
Bank and
Trust
Company
Fill lnion National Bank
FL~
Government Banking
1950 Hillsboro Boulevard
2nd Floor
Deerfield Beach, Florida 33442
954 596-6900
..."
f~~:9. 2002
Ms. Marie Gouin
Management and Budget Manager
St. Lucie County
2300 Virginia Avenue
Fort Pierce, Florida 34982-5652
Dear Ms. Gouin:
First Union National Bank (the "Bank") is pleased to submit the Commitment
described below to St. Lucie County (the "County") subject to the following terms
and conditions: As of April 1.2002 First Union National Bank has changed its name to Wachovia Bank. National
Association. All loan documents will be prepared in that name.
Borrower:
St. Lucie County, Florida
Amount:
$2,190,000
Facility:
Term Loan
Purpose:
To provide financing for the acquisition and installation of a new
security system at the Rock Road jail facility.
Term:
Interest payments will be payable semi-annually commencing
February 1, 2003 and each February 1 and August 1 thereafter.
Principal will be payable annually commencing August 1, 2003
and each August 1"t thereafter. All Principal and Interest will be
due on August 1, 2012. Interest on the outstanding balance of
the loan will be calculated on a 30/360 day basis.
Security:
The Loan will be secured by a Covenant to Budget and
Appropriate from legally available Non Ad Valorem Revenues.
Interest Rate:
Assumes Non- Bank Qualified Tax Exempt Obligation
Option 1:
Indication Fixed Rate:
4.71 %
The above rate is an indication rate subject to change based on
XSTLUCI $2MM Jail.DOC
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market conditions. The actual rate will be set three days prior to
closing and will approximate 80% of the 10-year US Dollar
Swap Offering Rate plus 81 basis points.
Option 2:
Indication Fixed Rate:
5.07%
Should the above rate be chosen, the County will have to ability
to prepay this loan in whole or in part after year August 1,
2007 and on any principal payment anniversary date thereafter,
but only on those dates.
The above rate is an indication rate subject to change based on
market conditions. The actual rate will be set three days prior to
closing and will approximate 80% of the 10-year US Dollar
Swap Offering Rate plus 117 basis points.
Prepayment: Should the County choose Option 1 and prepay during the life of the
loan, or choose Option 2 and prepay on any date other than the anniversary dates
indicated above, the County may incur a breakage fee as outlined in Exhibit A.
Conditions
1. The County, by official action, shall approve entering into this
commitment and the loan facility described herein
2. In the event that the interest on any drawing under this Commitment is ever
determined to be taxable for purposes of federal or state income taxation, or
in the event that any or all of the interest on any drawing under this
Commitment is deemed to be included in the gross income of the Bank for
federal or state income taxation, or in the event the Bank is unable to deduct
any other amounts as a result of purchasing or carrying any borrowings
resultant from the Commitment, or in the event of a change in the marginal
tax rate applicable to corporations or the alternative minimum tax rate or in
the method prescribed by federal income tax laws for calculating the
alternative minimum tax to which the Bank may be subject, or in the event
of any action which would otherwise decrease the after tax or taxable
equivalent yield to the Bank, the interest on this Commitment shall be
subject to a full gross up modification, as determined by the Bank and its
counsel. In no event, however, shall the interest rate on this Commitment
exceed the maximum rate permitted by law.
3. All legally available Non-Ad Valorem Revenues shall mean all revenues of the
County derived from any source whatsoever, other than Ad Valorem taxation
XSTLUCI $2MM Jail.DOC
2
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on real and personal property, which are legally available to make the loan
repayments required under this proposal, but only after provision has been
made by County the for payment of services and programs which are for
essential public purpose affecting the health welfare and safety of the
inhabitants of the County or which are legally mandated by applicable law.
4. The average of the prior two years legally available Non Ad Valorem
Revenues, as defined above, must cover existing and projected annual debt
service on debt secured by and/or payable from such Revenues by at least
1.5x. The County will certify its compliance with this requirement annually.
5. Legal opinions relating to this facility shall be prepared by Bond Counsel
listed in "The Bond Buyer's Municipal Marketplace", (Red Book), and shall be
in such form and content as are acceptable to the Bank and its counsel. Bank
counsel fees shall not exceed $2,500. All costs relating to the preparation of
documents and to otherwise complete this transaction shall be paid for by
the County. Documents shall be available for review at least 5 business days
prior to closing.
6. On an ongoing basis, the County agrees that it shall deliver to the Bank,
when available, or within 180 days of each fiscal year end, which ever is
sooner, Annual Financial Statements or Comprehensive Annual Financial
Report if available, a Current Year Operating Budget and a Capital
Improvement Plan and Compliance Certification.
7. This Commitment shall remain in full force and effect through 3:00 p.m.,
local time, July 18, 2002, at which time, if not accepted by execution of the
acceptance clause below and mailed to the Bank at its 1950 Hillsboro Blvd.,
Deerfield Beach, FL 33442 , office to my attention, this Commitment shall
expire and shall not be enforceable by either the Bank or the County unless
extended by the Bank in writing. Unless extended by the Bank in writing,
this facility must close on or prior to August 30, 2002 after which this
commitment shall expire.
8. If the Bank chooses to waive any covenant, paragraph, or provision of this
Commitment, or if any covenant, paragraph, or provision of this Commitment
is construed by a court of competent jurisdiction to be invalid, it shall not
affect the applicability, validity or enforceability of the remaining covenants,
paragraphs or provisions.
9. The preceding terms and conditions are not exhaustive. Any final
commitment may include other covenants, terms and closing conditions as
are customarily required by the Bank for similar transactions including but
not limited to a cross default with like secured debt, default rate, events of
default and acceleration upon default. This Commitment Letter shall not
survive closing.
XSTLUCI $2MM Jail.DOC
3
'"
......
10. The County represents and agrees that all information provided to the Bank
is correct and complete. No material adverse change may occur in, nor may
any adverse circumstance be discovered as to, the financial condition of the
County prior to closing. The Bank's obligations under this Commitment are
conditioned on the fulfillment to the Bank's sole satisfaction of each term
and condition referenced by this Commitment.
11. This Commitment supersedes all prior Commitments and proposals with
respect to this transaction, whether written or oral, including any previous
loan proposals made by the Bank or anyone acting within its authorization.
No modification shall be valid unless in writing and signed by an authorized
Officer of the Bank. This Commitment is not assignable and no entity other
than the County shall be entitled to rely on this Commitment.
First Union National Bank appreciates the opportunity to submit this Commitment
to you and looks forward to your favorable response. Should you have any
questions, please do not hesitate to contact me at (954) 596-6901.
Best Regards,
FIRST UNION NATIONAL BANK
¡Júu.Lt/~
Paul Vincent
Vice President
Cc: Mr. Bill Leedy
ACCEPTANCE
The above Commitment is hereby accepted on the terms and conditions outlined
therein by authority of the Governing Board of the County:
Please indicate the Interest Rate Option Selected:
Option 1 :
Option 2:
By:
Its:
Date:
XSTLUCI $2MM Jail.DOC
4
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'..J
EXHIBIT A
In addition to principal, interest and any other amounts due under this Note, Borrower shall on demand pay to Bank
any "Breakage Fee" due hereunder for each Break Event. "Break Event" means any voluntary or mandatory
prepayment or acceleration, in whole or in part, of principal of this Note occurring prior to the date such principal
would, but for that prepayment or acceleration, have become due ("Scheduled Due Date"). For each date on which
a Break Event occurs ("Break Date"). a Breakage Fee shall be due only if the rate under "A" below exceeds the rate
under "B" below and shall be determined as follows:
Breakage Fee = the Present Value of ({A-BIxel + UBOR Breakage, where:
A
The rate per annum equal to the sum of (i) the bond equivalent yield (bid side) of the U,S. Treasury
security with a maturity closest to the Maturity Date as reported by the Wall Street Journal (or other
published source) on the date the Interest Rate of this Note was set ("Lock in Date"), Jlli¡§ W) the
corresponding swap spread of Bank on the Lock in Date for a fixed rate payor to pay Bank the fixed rate
side of an interest rate swap of that maturity, Jlli¡§ (iii) ,25%,
B
A rate per annum equal to the sum of (i) the bond equivalent yield Ibid side) of the U.S. Treasury security
with a maturity closest to the Maturity Date as reported by the Wall Street Journal (or other published
source) on the Break Date, ~ (ii) the corresponding swap spread that Bank determines another swap
dealer would quote to Bank on the Break Date .for paying to Bank the fixed rate side of an interest rate
swap of the maturity.
C
The sum of the products of (i) each Affected Principal Amount for each Affected Principal Period, times
(ii) the number of days in that Affected Principal Period divided by 360 (if this Note uses the Actual/360
Computation) or the actual number of days in the year (if this Note uses the Actual/Actual Computation),
"Affected Principal Amount" for an Affected Principal Period is the principal amount of this Note scheduled to be outstanding
during that Affected Principal Period determined as of the relevant Break Date before giving effect to the Break Event on that
Break Date, and for any prepayment, multiplying each such principal amount times the Prepayment Fraction.
"Affected Principal Period" is each period from and including a Scheduled Due Date to but excluding the next succeeding
Scheduled Due Date, provided that the first such period shall begin on and includes the Break Date,
"L1BOR Breakage" is any additional loss, cost or expense that Bank may incur with respect to any hedge for the fixed rate of
this Note based on the difference between the London interbank offered rate ltor U.S, dollar deposits of the relevant
maturity) available in the London interbank market at the beginning of the interest period in which the Break Date occurs and
that which is available in that market on the Break Date.
"Maturity Date" is the date on which the final payment of principal of this Note would, but for any Break Event, have become
due.
"Prepayment Fraction" is a fraction equal to the principal amount being prepaid over the principal amount of this Note
outstanding immediately prior to that prepayment on the Break Date.
"Present Value" is determined as of the Break Date using "B" above as the discount rate,
In addition, a Break Event shall be deemed to occur hereunder if, on any date ("Borrowing Date") after the date hereof but
prior to any acceleration of this Note, any advance of principal under this Note is scheduled to be made and that advance
fails to be made on that Borrowing Date (whether due to Borrower's default, Borrower's failure to borrow, the termination of
any loan commitment, any unsatisfied condition precedent, or otherwise), in which case that Borrowing Date shall be a Break
Date, the Affected Principal Amount for that Break Event shall be based on the amount of the failed advance, and the
Borrower shall on demand pay to the Bank any Breakage Fee due hereunder for that Break Event.
Breakage Fees are payable as liquidated damages, are a reasonable pre-estimate of the losses, costs and expenses Bank
would incur in the event of any prepayment or acceleration of this Note, are not a penalty, will not require claim for, or proof
of, actual damages, and Bank's determination thereof shall be conclusive and binding in the absence of manifest error, For
any Break Event hereunder, the foregoing Breakage Fee provisions supersede any breakage compensation agreement that
Borrower and Bank may have executed with respect to this Note.
XSTLUCI $2MM Jail.DOC
5
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VOTING BALLOT
Cultural Affairs Council
Jack Connolly
~
Ramon Trias -
Sidney Cole
.
,
COMMISSIONER'S SIGNATURE:
,.
,/ ~''l,.f{) /'/
~"-'
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.....
-....I
VOTING BALLOT
Cultural Affairs Council
Jack Connolly )<
Ramon Trias -
Sidney Cole
,
('1 ~C---1
COMMISSIONER'S SIGNATURE: '1 Þu
-- J
.......
.....J
VOTING BALLOT
Cultural Affairs Council
Jack Connolly ",----
Ramon Trias -
Sidney Cole
,
21-' ~..
COMMISSIONER'S SIGNATUR~<'llnr,-,~~~-
'-w
VOTING BALLOT
Cultural Affairs Council
.....
Jack Connolly V
Ramon Trias -
Sidney Cole
,
10qJ
COMMISSIONER'S SIGNATURE: ¿ rsl'-v L--
V I
.,-,"
.....,
VOTING BALLOT
Cultural Affairs Council
Jack Connolly
Ramon Trias
l
Sidney Cole
COMMISSIONER'S SIGNATURE:
~
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.....
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AGENDA REQUEST
ITEM NO, ¡.JiB
DATE: July 23, 2002
REGULAR [xxI
PUBLIC HEARING [ I
CONSENT [ I
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMIT'TED BY(DEPT): County Attorney
Victoria'Vinfield
Assistant County Attorney
SUBJECT: St Lucie County Cuhural Affairs Council- Vacancy
BACKGROUND: See attached Memorandum.
RECOMMENDATION: Staff recommends that the Board of County Commissioners appoint one
of the persons nominated by the Cultural Affairs Council to fill the vacancy on the Council.
Jack Connolly appointed.
ENCE:
COMMISSION ACTION:
I)G APPROVED I ] DENIED
1 r OTHER:
COWlty Attorney:~
Review and Approvals
Management & Budget:_
Purchasing:
Originating Dept:
Other:
Other:
Finance:( check for copy only, if applicable)
'-"
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..
INTER-OFFICE MEMORANDUM
ST. LUCIE COUNTY, FLORIDA
TO: Board of County Commissioners
FROM: Victoria Winfield, Assistant County Attorney
C.A. NO: 02-1065
DATE: July 12, 2002
SUBJECT: St. Lucie County Cultural Affairs Council- Vacancy
BACKGROUND:
Pursuant to Section 265.32, Florida Statutes, the Cultural Affairs Council is required to
submit three (3) names to the Board of County Commissioners to fill any vacancy on the County
Council. The Council has reviewed and accepted the following applications for Board
consideration in filling the vacancy on the Council:
1. Jack Connolly
2. Ramon Trias
3. Sidney Cole
Copies of their applications are attached.
CONCLUSION/RECOMMENDATION:
Staff recommends that the Board of County Commissioners fill the vacancy on the
Cultural Affairs Council from the list of nominees submitted by the Council.
Respectfully submitted,
i:~:.::';,,~~;y ~
Assistant County Attorney
Attachments
VW/as
Copies to:
County Administrator
Deputy Clerk
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St. Lucie County
Board of County Commissioners
lication for Servin on Count Boards and Committees
Thank you for applying for a position on one of St. Lucie County's many advisory boards and committees.
The minimum requirements for committee membership are:
*Must be a County resident
*Must not be related to another committee member, County Commissioner or County employee
involved with the committee of interest
*Must not be employed by the same business entity as other committee members.
*Must not serve on more than 2 County committees
Note: Some committees have additional requirements, please inquire when submitting this
application. In addition, service on committees with planning, zoning or natural resources
responsibilities may require disclosure of financial interests.
Please complete the following information:
1.
2.
3.
PLEASE INDICATE THE COMMITTEE(S) YOU ARE INTERESTED IN, SEE THE REVERSE SIDE
NAME: ::í(1C« r:.C9NNO~ . PHON¡[7''l;Z) -"If· -:¡'.¡fJ'bS-
HOME ADDREss: f4fjg ( nV'\ S-r
Pl- R.Q'ícQ ç\ Ó-+C; ~ I ~ 44,(j3
WHICH COMMISSION DISTRICT DO YOU LIV IN?
BUSINESS/OCCUPA nON R.Q..:Å-\ ",Q. Sr::~'" ð ( A c( ..}-' -+e00-l.V"'l1<j)
BUSINESS ADDRESS:
4.
5.
6.
---
7.
6.
9.
~Y\ -+h('.....
10,
11.
DATE: s= /4-0L
APPLICA TION WILL RE AIN EFFECTIVE FOR ONE YEAR
Submit to:St. ucìe County Administrator's Office
2300 Virginia Ave., Ft. Pierce, FI. 34982 Phone: 462-1453
'-'
St. Lucie County ~r~J~Üj¡91
Board of County Commissioners it!!,: I MAY 2 4 2002 i'
Application for Serving on County Boards and ¿omrl,~i::t:ee$~u~,_--1
L:~(2.:JN1Y ÀTYORNEY ,
-'--"--"
Thank you for applying for a position on one of St. Lucie County's many advisory boards and committees,
The minimum requirements for committee membership are:
*Must be a County resident
*Must not be related to another' committee member, County Commissioner or County employee
involved with the committee of interest
* Must not be employed by the same business entity as other committee members.
* Must not serve on more than 2 County committees
Note: Some committees have additional requirements, please inquire when submitting this
application. In addition, service on committees with .planning, zoning or natural resources
responsibilities may require disclosure of financial interests.
Please complete the following information:
1.
2.
3.
4.
5.
6.
7.
B.
9.
10.
11.
PLEASE INDICA TE THE COMMITTEE(S) YOU ARE INTERESTED IN, SEE THE REVERSE SIDE
NAME: SOl 'J~,/ C:> 1--<- P.HONE: ~61-S J.., c
HOME ADDREss: '3 S Ð 0 -r....., ,'V\ L.... k~s ~Vlr"'-C~ Fl. /?~;c
,
WHICH COMMISSION DISTRICT DO YOU LIVE IN?
BUSINESS/OCCUPA nON ~ -+~:-"'cf
BUSINESS ADDRESS:
BRIEF RESUME OF EDUCA no
2 ~I.- C.J
"3 ~ y'j¿4-V' ~
PHONE:
& EXPERIENCE:(please attach resume)
.¿~, 1"
DO YOU CURRENTLY SERVE ON A COUNTY COMMITTEE(S). IF SO, PLEASE
LIST:
WHY DO YOU THINK YOU ARE QUALIFIED TO SERVE ON THE COMMIT, T~E~
INDICATED? 13,v:t-lr~¡v1~0-<..V' - FI- ¡::~~c..p7"'~,:> {'oQ..(.......'" I
r :~ .
'" ·-r-<-~'r -.p M(.J (~t"'I:'_ -
WOULD YOU CONSIDER SERVING ON ANOTHER BOARD OTHER THAN THE ONE(S) STATED
ABOVE?(PLEASE SPECIFY)
COMMENTS:
..,
SIGNA TURE: 4- ~ . J!~ DA TE: 5" Ä 0 If) '2-
/ APPLkA TION WILL REMAIN EFFECTIVE FÓR ONE YEAR
Submit to:St. Lucie County Administrator's Office
2300 Virginia Ave., Ft. Pierce, FI. 34982 Phone: 462-1453
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ST. LucrE COUNTY CULTl;RAL AHArR$ COCNcrL QlJESTrONArRE
FOR PROSPECTIVE BOARD OF DrRECTORS MEMBERS
""'ST. LUCrE COU:'lTY RESIDENCY REQUIRED""
NAME: f'-A.I1" N
Tf\.ll\\
ADDRESS: 703 fLoF'-lþA. AVOJut
Fop\.í Plé~ FL 34'7S0
TELEPHONE NUMBERS: .4- (p 3 -10 I ¡(HOME) -4 b 0 - 2.:2. 00
BUSh"I/ESS AFFILH.TION: (..1 T'( of- f oltT P f ¡:1l..c..é
(W 0 RK)
CULTURAL AFFILlATION(S): CPlJG{t~H F-o~ \ltC }JEw U'f--ßANdt-1
Þ.¡z'0{...11 rt (...T\Jr........t- CLuC> OF- .II I ^ 1-'11
EXPERTISE/BACKGROUND: f?"()..¡eLo~ p.,¡.rp f1M'íl::7/J 'DeG~e.é<¡ o+=' AfZC,HJífvTU/<£
)
f¡(TEN<,IV¿ UR.¡)ÀIV DEsiGN AOJp 'íð"'-'N f'l..ÂN"'/~G E:xftft1e¡.Jc.Æ:.;
F~é.Q.L."EAlT L.6(.TùF<-(:lt, IN b..R..T I-l'/STQ <-'f
Þ<N])
~ ~úH 11'ev7U~A L ~I \ STô '{..'f '
,
TIUIININ(. IIV ",=1'--. T .
:PL.EASE INDICATE ANY OTHER PERTTNE~T INFORMATION: S~f:u kl 'kl'í"8RE\ r
(U f'U(3L.,I(. A-~T
k'lY QUESTIONS PLEASE CALL: 462-1441
ST. LUCIE COUNTY CULTURAL AFFAIRS COUNCIL
2300 Virginia Avenue, Admini:ltratioIl Anne~
Fort Pierce, Florida 34982
DATE RECErvED:
"
AGENDA REOUEST
ITEM~. ~
Date: July 23, 2002
Regular [ X ]
Public Hearing [ ]
Consent [ ]
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney
Heather Young
Assistant County Attorney
SUBJECT: Resolution No. 02-86 - Amending the penalties for certain violations of Article II (Animal ControI)
of Chapter 1-4 of the St. Lucie County Code of Ordinances and Compiled Laws
BACKGROUND: See C.A. No. 02-1001
FUNDS A V AIL. (State type & No. of transaction or N/ A): N/ A
RECOMMENDA nON: Staff recommends that the Board of County Commissioners adopt proposed Resolution
No. 02-86, as drafted.
COMMISSION ACTION:
CE:
~ APPROVED [] DENIED
[ ] OTHER: 5-0 Increase fines to $150.00 to
$250.00 for vicious animals.
Coordination/Sie:natur es
County Attorney: 'l~ i' D J ,..,
Originating Dept.:
Mg!. & Budget:
Purchasing:
Other:
Other:
Finance (Check for Copy only, ¡fapplicable):
.......
...."
INTER-OFFICE MEMORANDUM
ST. LUCIE COUNTY, FLORIDA
TO: Board of County Commissioners
FROM: Heather Young, Assistant County Attorney
C.A. NO: 02-1001
DATE: July 17, 2002
SUBJECT: Resolution No. 02-86 - Amending the penalties for certain violations of Article II
(Animal Control) of Chapter 1-4 of the St. Lucie County Code of Ordinances and
Compiled Laws
BACKGROUND:
On September 29, 1987, the Board of County Commissioners adopted Resolution No. 87-
184 that established penalties for violations of Article II (Animal Control) of Chapter 1-4 of the
St. Lucie County Code of Ordinances and Compiled Laws. On September 27, 1994, the Board
adopted Resolution No. 94-210 that added penalties for violations of provisions added to the
Animal Control Ordinance under Ordinance No. 94-05. The funds generated from the penalties
assessed for these violations are used towards the cost of providing animal control services in the
unincorporated areas of the County. These costs have risen substantially, however, since the
adoption of Resolutions No. 87-184 and 94-210. Accordingly, the Animal Control Division
reviewed the penalties currently in place in surrounding jurisdictions and determined that it was
appropriate for the Board to consider increasing some of the penalties. These proposed increases
are reflected in Resolution No. 02-86, a copy of which is attached to this memorandum. If
approved, the revised fee schedule would take effect on October 1, 2002.
RECOMMENDATION/CONCLUSION:
Staff recommends that the Board of County Commissioners adopt proposed Resolution No.
02-86, as drafted.
Respectfully submitted
~~
Heather Young
Assistant County Attorney
Attachment
HY/
Copies To:
Concurring Staff
Clerk Secretary
Press Public
¥
,...,
RESOLUTION NO. 02-86
A RESOLUTION AMENDING RESOLUTION NO. 87-184,AS
AMENDED, BY AMENDING THE PENAL TIES FOR
CERTAIN VIOLATIONS OF ARTICLE II (ANIMAL
CONTROL) OF CHAPTER 1-4 OF THE ST. LUCIE COUNTY
CODE OF ORDINANCES AND COMPILED LAWS AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the
"Board"), has made the following determinations:
1. On September 29, 1987, the Board adopted Resolution No. 87-184 which established
penalties for violations of Article II (Animal Control) of Chapter 1-4 of the St. Lucie County Code
of Ordinances and Compiled Laws.
2. On September 27, 1994, the Board adopted Resolution No. 94-210 which established
penalties for violations of provisions added to Article II (Animal Control) of Chapter 1-4 pursuant
to Ordinance No. 94-05.
3. The costs of enforcing the County's animal control ordinance have increased
substantially since the adoption of Resolution No. 87-184 and Resolution No. 94-210.
4. It is appropriate and necessary to increase the amount of certain penalties established
under Resolution No. 87-184, as amended, in order to meet the rising cost of providing animal
control services to the unincorporated areas of the County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
Lucie County, Florida, Resolution No. 87-184, as amended, is hereby further amended as follows:
1. Section A is hereby further amended to read as follows:
SECTION
DESCRIPTION OF OFFENSE
FIRST
OFFENSE
SECOND
OFFENSE
HABITUAL
OFFENDER
1-4-17
Allowing an animal to become
a public nuisance or for an
individual to create a public
nuisance as defined in 1-4-16
$ 25.00
$ 50.00
$ 50.00
$100,00
Mandatory
Court
Appearance
(MCA)
St:ttlGk tll.1oug,h words are deleted; underlined words are added.
1
"'"
..."
1-4-18 Failure to confine female $ 50.00 $100.00 MCA
A~imals in heat estrus $100,00 $200.00
1-4-19 K""piüg a .i"iou'" ciJ.Ümal uülc.ss
(.oU£ll"d 01 mtl:z:z:kd and ulld"l
l"...l1aint Failure to confine or $ 50.00 $100.00 MCA
vicious animal $100.00 $200.00
1-4-20 Failure to obtain dangerous
dog certificate or registration $ 25.00 $ 50.00 MCA
$ 50.00 $100.00
1-4-21 r"lmlttlng an lu.l~l11<'ll not UÜdCl
1"...l1a~llt off 0 1'H1Gl'... PlûP"l t)
Failure to restrain animal when $ 25.00 $ 50.00 MCA
off owner's property $ 50.00 $100.00
'-"
.,I
1-4-23(g) Improperly putting an animal
to death $100.00 MCA MCA
$200.00
1-4-23(h) Improperly disposing of a dead
animal $100.00 $300.00 MCA
1-4-23(i) rlohibition against Unlawful
use of an animal as a prize $100.00 MCA MCA
$200.00
1-4-24 Failure to have dog or cat
vaccinated for rabies, faill11G tu
havc dog 01 cat I'IiCð.1 ¡abies tag $ 25.00 $ 50.00 MCA
$ 75.00 $150.00
1-4-26 Intcrference with duties of an
animal control officer $ 50.00 $100.00 MCA
$100.00 $200.00
2. The revisions set forth in this resolution shall take effect October 1,2002.
After motion and second, the vote on this resolution was as follows:
Chairman Doug Coward
Vice Chairman Cliff Barnes
Commissioner John Bruhn
Commissioner Frannie Hutchinson
Commissioner Paula Lewis
xx
XX
XX
xx
XX
PASSED AND DULY ADOPTED this
day of
,2002.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
DEPUTY CLERK
CHAIRMAN
Stltld.. thlöu¡?,ll words are deleted; underlined words are added.
3
'""'"
....,
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
StWGl. tluougll words are deleted; underlined words are added.
4
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AGENDA REQUEST
~TEM NO. 0-D
DATE: July 23, 2002
REGULAR [XX]
PUBLIC HEARING []
CONsENT []
TO: BOARD Of COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney
Robert O. freeman
Bond Counsel
SUBJECT: Resolution No. 02-190 Authorizing Term Loan to Provide Financing for Thomas J. White
Stadium Improvements
BACKGROUND:
See attached memorandum
FUNDS A V AILABLE:
PREVIOUS ACTION:
RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 02-190 and authorize
the Chairman to sign the Resolution.
t)cl' APPROVED [] DENIED
[ ] OTHER: 5-0
D glos Anderson
ounty Administrator
COMMISSION ACTION:
C'""yA",,"y' ~~
Originating Dept. ------
Finance: (Check for Copy only, if applicable)
Review and Approvals
Management & BUdget1l!{'fI~
Public Works Dir:
Purchasi ng:
County Eng.:
Eff.5/96
~
Parks and Recreation Department
Memorandum
To:
From:
Through:
Subject:
Date:
Marie Gouin, OMB Director
Linda Brown, Administrative Mana~
Pete Keogh, Director
Loan Allocation - Thomas J. White Stadium
June 26, 2002
As per our discussion, Staff has compiled ·priority list" of projects that could conceivably
be completed by December 2002.
PROJECT
AMOUNT
Air conditioning replacement
Total Project Cost: $499,357.00
$240,000.00 (down payment)
Scoreboard Upgrades
(including maintenance agreement)
$ 21,340.00
Reimbursement to operating budget
for the attached project Imaintenance
expenditures
$ 53,275.00
Repair of Ticket Office and County
Offices' Roof leaks
$ 20,000.00
Renovation of four (4) back in-fields
$ 106,595.00
Installation of shade screens
(5 ea @ $1100.00)
$ 5,500.00
Replacement of stadium seating
(1182 seats) we will continue to phase
in until all seats have been replaced.
$ 44,000.00
One Warning Track Replacement
$ 39,290.00
TOTAL:
$ 30.000.00
$ 560,000.00
Maintenance Barn Renovations
cc: D. Anderson
Chron File
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SSQUlRE
~DERS
LEGAL
COUNSEL
WORLDWIDE
SQUIRE, SANDERS & DEMPSEY L.L.P.
MEMORANDUM
To: Board of County Commissioners
of St. Lucie County, Florida
From: Robert O. Freeman
Date: July 17,2002
Re: Resolution Authorizing Term loan to Pro\ide Financing for Thomas J. White Stadium
Improvements
The attached resolution provides for approval of a revolving bank loan/line of credit
("loan") from SunTrust Ban1e. The loan, in a principal amount not to exceed $560,000 until July
31, 2003, would finance a portion of the cost acquisition and construction of certain capital
projects connected with the Thomas J. White Stadium (Attachment II to the Resolution) or other
capital projects permissible under the Act. The documentation for this loan consists of a Loan
Agreement between the County and SunTrust Bank, similar in form to documentation the Board
approved for the loan for the stadium financing in 2000. The loan is being taken on a taxable
basis to facilitate the short-term revolving line of credit format with the approval of the County's
Financial Advisor.
Security for the repayment of the loan would be the revenues recéived from the fourth
percent tourist development tax levied and collected within the County pursuant to Section
125.0104(3)(1), Florida Statutes and County Ordinance No. 97-14, enacted by the Board on June
17, 1997. Neither the faith and credit nor the ad valorem taxing power of the County is pledged
to secure the loan. The lien on the tourist development tax for the 2002 Note would be junior
and subordinate to the lien for the 2000 Note.
Closing of the loan is scheduled to occur on July 31, 2002. I plan to be present at the
Board meeting on July 22 to answer any questions members of the Board may have about the
proposed financing, the resolution, or the loan agreement attached thereto.
cc: Daniel S. Mcintyre, County Attorney
Douglas M. Anderson, County Administrator
Marie Gouin, Management and Budget Manager
Christann K. Hartley, Finance Director
8931vl/28902-000011M-BOARD TDT
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RESOLUTION NO. 02-190
A RESOLUTION OF THE BOARD OF COu').ìY CO~L\[lSSIONERS OF ST.
LUCIE COUNTY, FLORIDA, AUTHORIZL'\G THE _-\CQUISITION AND
CONSTRUCTION OF ADDITIONS, EXTENSIOKS A.'\TI I\lPROVEMENTS
TO THE THOMAS 1. WHITE STADTIJM A..ND RELATED FACILITIES;
PROVIDING FOR THE BORROWING ON A ?\l£GOnUED BASIS OF NOT
EXCEEDING $560,000 ON A REVOLVING BASIS FRO:-'I Su').iRUST BANK,
TO PAY A PORTION OF THE COSTS ASSOCLUED WITH SUCH
IMPROVEMENTS; PROVIDING FOR THE ISSUA.'\CE OF A TOURIST
DEVELOPMENT TAX REVENUE NOTE, SERIES 2002 (THOMAS 1. WHITE
STADIUM) TO EVIDENCE THE COUNTY'S OBLIGATIO)i TO REPAY SUCH
AMOUNT; PROVIDING FOR THE EXEClHIO)i A. '\TI DELIVERY OF A
LOAN AGREEMENT IN CONNECTION THERE"YVITH; PROVIDING FOR
PAYMENT OF THE PRINCIPAL OF AND l),ìEREST O)i THE NOTE FROM
THE FOURTH PERCENT TOURIST DEVELOP.ME1\'T T_~\:, AND MAKING
CERTAIN COVENANTS IN CONNECIIO::; THERE\\1TH: AUTHORIZING
FURTHER OFFICIAL ACTION IN CONNECTIOX WITH THE DELIVERY OF
THE NOTE; PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE BOARD OF COL').'TY CO:-'L\IISSIONERS OF ST. LUCIE
COUNTY, FLORIDA:
Section 1. Authority For This Resolution. This resolution is adopted pursuant to the
provisions of Chapter 125, Part I, and Chapter 159, Part VII, Florida Statutes, Ordinance No. 87-77
of S1. Lucie County, Florida (the "County"), as amended, and other applicable provisions of law
(collectively, the "Act").
Section 2. Defmitions. Capitalized terms used in this resolution shall have the following
meanings unless the context clearly requires otherwise. Words importing singular numbers shall
include the plural number in each case and vice versa, and words importing persons shall include
firms and corporations. Capitalized terms used herein and not othen\ise defined shall have the
meaning set forth in the Loan Agreement.
"Bank" means SunTrust Bank, a bank organized under the laws of the State of Georgia,
acting by and through its office in West Palm Beach, Florida.
"Board" means the Board of County Commissioners of the County, as the governing body
of the COlmty.3
"Bond Counsel" means Squire, Sanders & Dempsey L.L.P.
"Chairman" means the Chairman of the Board, or in the Chairman's absence, the Vice-
Chairman.
'-'
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"Clerk" means the Clerk of the Circuit Court, ex officio Clerk of the Board, or in the Clerk's
absence, any Deputy Clerk.
"Commitment" means the Commitment for the making of the Loan submitted to the County
by the Bank and attached to the Loan Agreement as Exhibit B.
"County" means St. Lucie County, Florida, a political subdivision of the State of Florida.
"County Administrator" means the County Administrator of the County or his designee.
"County Attorney" means the County Attorney of the County or, in his absence, any
Assistant County Attorney.
"Financial Advisor" means William R. Hough & Co., Orlando, Florida.
"Fourth Percent Tourist Tax Revenues" means the proceeds of the fourth percent tourist
development tax levied and collected within the County pursuant to the provisions of Section
125.0104(3)(1), Florida Statues, and County Ordinance No. 97-14, enacted by the Board on June 17,
1997, when, as and if remitted to and received by the County.
"Loan" means the advance of moneys from the Bank to the County pursuant to the Loan
Agreement.
"Loan Agreement" means the agreement between the Bank and the County setting forth the
terms and details of the Loan, in substantially the form attached hereto as Attachment I with such
modifications or changes thereto as may be necessary or desirable, in the opinion of the County
Administrator, upon the advice and reconunendation of the Financial Advisor, the Cmmty Attorney,
and Bond Counsel, to conform the terms thereofto the terms of the Conunitment or to secure for the
County any additional rights or privileges not inconsistent \\ith the terms of the Commitment, such
approval to be presumed by the execution and delivery thereof by the County to the Bank.
"Note" means the Tourist Development Tax Revenue Note, Series 2002 (Thomas J. White
Stadium), of the County, in substantially the form attached to the Loan Agreement as Exhibit A
with such modifications or changes thereto as may be necessary or desirable, in the opinion of the
County Administrator, upon the advice and reconunendation of the Financial Advisor, the County
Attorney, and Bond Counsel, to conform to terms thereof to the terms of the Commitment or to
secure for the County any additional rights or privileges not inconsistent with the terms of the
Commitment, such approval to be presumed by the execution and delivery thereof by the County to
the Bank.
"Pledged Revenues" means collectively: (i) Fourth Percent Tourist Tax Revenues, (ii) the
moneys on deposit in the Sinking Funds established pursuant to the Loan Agreement, and (iii) the
investment earnings on the moneys on deposit in the Sinking Funds.
8929VLJ28902·00001JR·AUTH TOT KOTE
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"Prior Note" means the County's $960,000 Tourist Development Tax Revenue Note, Series
1997, dated August 28,1997.
"Prior Resolution" means Resolution No. 97-150, duly adopted by the Board on August 17,
1997.
"Project" means the acquisition and construction of certain capital projects in the County as
described on Attachment II hereto, or other capital projects pennissible under the Act and as may be
provided from time to time by resolution supplemental hereto.
"Project Costs" means all or a portion of the cost of undertaking the Project including, but
not limited to: engineering, legal, accounting, and financial expenses; expenses for estimates of
costs and of revenues; expenses for plans, specifications and surveys; fees of fiscal agents, financial
advisors or consultants; administrative expenses relating solely to the Project; reimbursement to the
County for any sums heretofore expended for the foregoing purposes; payment of interest on the
Loan prior to its maturity; and such other costs and expenses as may be necessary or incidental to
the financing or refinancing of the Project.
"Resolution" means, collectively, this resolution and all resolutions amendatory hereof and
supplemental hereto.
Section 3. Findings. It is hereby found, declared, and determined by the Board:
(A) It is necessary and desirable and in the best interests of the health, safety and welfare
of the residents of the County that the County undertake the Project. The County is authorized
pursuant to the provisions ofthe Act to undertake the Project.
(B) The County is without adequate, currently available funds to pay the Project Costs
and it is necessary and desirable and in the best interests of the County and its residents that the
County borrmv the moneys necessary to pay the Project Costs. The County is authorized pursuant
to the provisions ofthe Act to borrow moneys to pay the Project Costs.
(C) The County has received the Commitment from the Bank, a copy of which is
attached to the Loan Agreement as Exhibit B.
(D) The County hereby finds that acceptance of the Commitment is in the best interest
ofthe County.
(E) It is necessary and desirable and in the best interests of the health, safety and welfare
of the County and its residents to secure the County's obligation to repay the Loan by pledging the
Pledged Revenues. The County is authorized pursuant to the provisions of the Act to pledge the
Pledged Revenues to repay the Loan.
(F) The obligation of the County to repay the Loan in accordance with the terms set
forth in the Note and the Loan Agreement and to make the other payments, if any, required under
the Loan Agreement is hereby declared to be and shall be a special, limited obligation of the
8929V IIZ8901-00001/R·ALTH TDT NOTE
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...."
County, secured solely by the Pledged Revenues, subject to the lien thereon and pledge thereof
to secure the Prior Note. The obligation of the County to repay the Note in accordance with its
terms and to make other payments, if any, required under the Note or the Loan Agreement shall
not be or constitute a general obligation or indebtedness of the County and neither the Note nor
the Loan Agreement shall be or constitute a "bond" of the County within the meaning of Article
VII, Section 12, Florida Constitution (1968). Neither the Bank nor any successor owner of the
Note shall be entitled to compel the payment of the principal of or interest on the Note or the
making of any payments required under the Note or the Loan Agreement from any moneys of the
County other than the Pledged Revenues, subject to the lien thereon and pledge therof to secure
payment of the Prior Note. In particular, neither the Bank nor any successor owner of the Note
shall be entitled to compel the levy of ad valorem taxes by the County to pay the principal of and
interest on the Note or to make any payments required under the terms of the Loan Agreement.
Furthermore, the obligation of the County to repay the Note in accordance with its terms and to
make the payments, if any, required under the Loan Agreement shall not constitute a lien upon or
pledge of an interest in the Project or any other property of the County, but shall constitute a lien
only upon the Pledged Revenues, subject to the lien thereon and pledge thereof to secure
payment ofthe Prior Note.
Section 4. Authorization of Note. Subject and pursuant to the provisions hereof and in
accordance with the provisions of the Loan Agreement and the Commitment, the issuance by the
County of its Tourist Development Tax Revenue Note, Series 2002 (Thomas J. White Stadium), in
a principal amount not to exceed Five Hundred Sixty Thousand Dollars (S560,000), to be dated, to
bear interest, to be payable, to mature, to be subject to redemption and to have such other
characteristics as provided in the Loan Agreement and the Commitment, and to be secured solely by
the Pledged Revenues, is hereby authorized.
Section 5. Approval of Form of And Delivery of Loan Agreement And Note. The Loan
Agreement and the Note attached thereto, incorporated herein by this reference, are hereby
approved, and the Chairman and Clerk are hereby authorized to execute and deliver such documents
and to take such other actions as shall be necessary to consummate the Loan. The delivery of the
Note to the Bank is hereby authorized. The Chainnan, the Clerk, the County Administrator, the
Management and Budget Administrator, the Finance Director, and the County Attorney are each
designated agents of the County in connection with the execution and delivery of the Note and are
authorized and empowered, collectively or individually, to take all action and steps to execute and
deliver any and all instruments, documents or contracts on behalf of the County which are necessary
or desirable in connection with the execution and delivery of the Note to the Bank, including, but
not limited to, modifications to the Loan Agreement and the Note to conform to or supplement the
Commitment.
Section 6. Repeal of Inconsistent Provisions. All resolutions or parts thereof in conflict
with this resolution are hereby repealed to the extent of such conflict.
8929Vl/28902-000011R-AUTH TOT NOTE
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Section 7. Severability. If anyone or more of the covenants, agreements, or provisions of
this resolution should be held contrary to any express provision of law or contrary to the poIicy of
express law, though not expressly prohibited, or against public policy, or shall for any reason
whatsoever be held invalid, then such covenants, agreements, or provisions shall be null and void
and shall be deemed separate from the remaining covenants, agreements or provisions, and in no
way affect the validity of all other provisions of this resolution or of the Note or Loan Agreement
delivered hereunder.
Section 8. Amendment. This resolution may not be amended or repealed except with the
prior written consent ofthe Bank.
Section 9. Effective Date. This resolution shall take effect inunediately upon its adoption.
Passed And Adopted at a meeting duly called and held this 23rd day of July 2002.
ST. LUCIE COUNTY, FLORIDA
By:
Chairman, Board of County
Commissioners
ATTEST:
Clerk of the Circuit Court,
ex officio Clerk to the Board of
County Commissioners
APPROVED AS TO FORM AND
CORRECTNESS:
County Attorney
8929V 1128902-000011R-AUTH TDT NOTE
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8929V1I28902-0000l;R-Al T:J TDT NOTE
...,.I
ATTACHMENT I
FORi\1 OF LOAN AGREEMENT
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A TT ACHMENT II
PROJECT DESCRIPTION!
Item Cost
Air conditioning system replacement I $240,000 .
Scoreboard Upgrades I 21,340
Roof repairs (Ticket Office and County Office 20,000
Renovation of four back in-fields 106,595
lnstallation of shade screens 5,500
(5 @ $1100)
-
Replacement of stadium seating' 44,000
One Warning Track Replacement 39,290
Maintenance Barn Renovations 30,000
Elevator 150,000
Reimbursement ofFYE 2002 53,275
Renewal and Replacement Expenditures ,
(per attached list)
Total $710,000
I Project list contains all items to be fmanced with Note proceeds or other available moneys to the extent that Note
proceeds are insufficient therefor.
8929V1I28902-ll000! R·AL:nJ TOT ~OTE
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LOAN AGREE\IÐ.TT
between
ST. LUCIE COU1\TY, FLORIDA
and
SUNTRUST R\__'\lC
West Palm Beaèh, Florida
Dated July 31,2002
Relating to
St. Lucie County, Florida
$560,000
Tourist Development Tax Revenue Note, Series 2002
(Thomas 1. White Stadium)
5334v3/28902-00093/A-LO^," AGREE TOT
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T A RLR O'F C01\iF'çrS
£age
SECTION 1. DEFINITIONS......................................... ................................................................1
SECTION 2. INTERPRETATION .................... ...................,.......... ..... ............................ ... ..........4
SECTION 3. THE LOAN ..........................................................., ..............., ... ...... ...............,.........5
SECTION 4. DESCRIPTION OF NOTE ......................................................................................5
SECTION 5. EXECUTION OF NOTE .........................................................................................5
SECTION 6. REGISTRATION AND TRANSFER OF :\"OTE.....................................................5
SECTION 7. NOTE MUTILATED, DESTROYED, STOLEN OR LOST....................................6
SECTION 8. FORM OF NOTE........................................................·····... ... ............:....... ..............7
SECTION 9. SECURITY FOR NOTE; NOTE NOT DEBT OF THE COUNTy......................... 7
SECTION 10. COVENANTS OF THE COUNTY .......................................................................7
SECTION 11. REPRESENTATIONS AND WARR-\.'\lIES...............................................,......·8
SECTION 12. CONDITIONS PRECEDENT ......................., .................................... .................... 9
SECTION 13. NOTICES.....................................................,....····..·..···..······················..··········..·1 0
SECTION 14. EVENTS OF DEFAULT DEFINED.............................................................·......l1
SECTION 15. REMEDIES....... ..................... ...................... .,........,......., ...................... ..... ..........11
SECTION 16. NO RECOURSE ..................................................................................................12
SECTION 17. PAYMENTS DUE ON SATURDAYS, Sl;J\TIAYS AND HOLIDAYS............. 12
SECTION 18. AMENDMENTS, CHANGES AND ~10DIFICATIONS....................................12
SECTION 19. BINDING EFFECT.......................................................·..··..............,...................12
SECTION 20. SEVERABILITY ............................................................ ................ .....................12
SECTION 21. EXECUTION IN COUNTERPARTS........................................................,......... 12
SECTION 22. APPLICABLE LA W............................................................·..··........···................12
5334v3/28902-00093/A-LOAN AGREE TDT
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This LOAN AGREEMENT is made and entered into as of July 31,2002, by and bet\veen
ST. LUCIE COUNTY, FLORIDA (the "County"), and SUNTRUST BANK, West Palm Beach,
Florida (the "Bank").
WTTNESSFTH'
WHEREAS, the County has determined that it will be necessary, desirable and in the best
interests of the County and its inhabitants that the County undertake the Project hereinafter
described and that the Project will serve essential public purposes of the County; and
WHEREAS, the County has determined that it will be without adequate currently available
funds to pay the Project Costs, and that it will be necessary that funds be made available to the
County in order to undertake the Project; and
WHEREAS, the County has received the commitment from the Bank to provide the County
with financing for the Project Costs; and
WHEREAS, pursuant to the Commitment, a copy of which is attached hereto as Exhibit B,
the Bank has agreed to make available to the County under a revolving line of credit the principal
amount of not exceeding $560,000 to finance a portion of the Project Costs; and
WHEREAS, the County has determined that it is in the best interest of the health, safety,
and welfare of the County and the inhabitants thereof that the County pledge the Pledged Revenues
to secure the obligation of the County to repay the principal of and interest on the Note when due
and to make the other payments, if any, required under the terms hereof; and
WHEREAS, the obligation of the County to repay principal of and interest on the Note and
to make the other payments, if any, required under the terms hereof, shall not constitute a general
obligation or indebtedness of the County as a "bond" within the meaning of any provision of the
Constitution of the State, but shall be and is hereby declared to be a special, limited obligation of
the County, secured solely by the Pledged Revenues in the marmer provided herein; and
WHEREAS, the County is not obligated to levy taxes on any property of or in the County to
pay the principal of or interest on the Note or to make any other payments provided for herein, and
the Note, the interest thereon and the obligations hereunder shall not be or constitute a lien upon the
Project or upon any other property of or in the County;
NOW, THEREFORE, in consideration of the premises and the mutual covenants herein set
forth and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the County and the Bank do hereby agree as follows:
SECTION 1. DEFINITIONS. Capitalized terms used herein shall have the following
meanings herein, unless the text otherwise expressly requires:
1
5334v3128902-OO093IA-LOAN AGREE TDT
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....,
"Act" means, collectively, (1) Chapter 125, Part I, and Chapter 159, Part VII, Florida
Statutes, as amended (collectively, the "State Act"); (2) Ordinance No. 87-77 of the County,
enacted by the Board on October 20, 1987, as amended, and Ordinance No. 97-14, enacted by the
Board on June 17, 1997 (collectively, the "County Act"); and (3) other applicable provisions oflaw.
"Adjustment Date" means the last day of each month, beginning with August 31, 2002.
"Authorized Investments" means any obligations, deposit certificates, or other evidences of
indebtedness legal for investment pursuant to law, to the extent not inconsistent with the terms of
the investment policy of the County and applicable law.
"Bank" means SunTrust Bank, a bank organized under the laws of the State of Georgia,
acting by and through its office in West Palm Beach, Florida.
"Board" means the Board of County Commissioners, as the governing body ofthe County.
"Bond Counsel" means Squire, Sanders & Dempsey L.L.P, J acksomille, Florida.
"Business Day" means any day of the year other than a day on which the Bank or the
County are lawfully closed for business.
"Chairman" means the Chairman of the Board or, in the Chairman's absence, the Vice
Chairman.
"Clerk" means the Clerk of the Circuit Court, ex officio Clerk of the Board or, in the
Clerk's absence, any Deputy Clerk duly authorized to execute documents or take other action, as
the case maybe, on the Clerk's behalf
"Commitment" means the Commitment of the Bank, dated July 8,2002, a copy of which is
attached hereto as Exhibit B.
"County" means S1. Lucie County, Florida.
"County Administrator" means the County Administrator of the County or, in the County
Administrator's absence, any designee duly authorized to execute documents or take other action,
as the case may be, on the County Administrator's behalf
"Default" means an Event of Default as defined and described in Section 14 hereof
"Disbursement Date" means the Initial Disbursement Date and the date of each subsequent
disbursement, if any, of a portion of the Loan. The Disbursement Date shall be the second Business
Day following receipt by the Bank of a Requisition.
"Financial Advisor" means William R. Hough & Co., Orlando, Florida.
"Fiscal Year" means the period from each October 1 to the succeeding September 30.
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"Fourth Percent Tourist Tax Revenues" means the proceeds of the fourth percent tourist
development tax levied and collected within the County pursuant to the provisions of Section
125.0104(3)(1), Florida Statues, and Comlty Ordinance No. 97-14, enacted by the Board on June 17,
1997, when, as and if remitted to and received by the County, subject to the lien thereon and pledge
thereof to secure payment of the Prior Note.
"Initial Disbursement Date" means the Date ofIssue as shown on Exhibit A hereto.
"Initial Requisition Amount" means the amount requested to be disbursed in Requisition
No.1, which shall be not less than $350,000.
"Interest Rate" means the annual rate of interest on the Note, which is a floating rate equal
to 30-day LIBOR plus 150 basis points, adjusted on the Anniversary Date to the 30-day LIBOR rate
on the immediately preceding Business Day.
"Loan" means the loan by the Bank to the County for the purpose of financing Project Costs
pursuant to the terms of this Agreement. .
"Maturity Date" means the date on which all outstanding principal of the Note is due as
shown on Exhibit A hereto.
''Note'' means the Tourist Development Tax Revenue Note, Series 2002 (Thomas J. White
Stadium), of the County in substantially the form attached hereto as Exhibit A.
"Paying Agent" means the County Finance Director.
"Payment Date" means the dates on which interest on the Note is payable, as shown on
Exhibit A hereto.
"Person" or words importing persons, means firms, associations, partnerships (including
without limitation, general and limited partnerships), joint ventures, societies, estates, trusts,
corporations, public or governmental bodies, other legal entities, and natural persons.
"Pledged Revenues" means collectively: (i) Fourth Percent Tourist Tax Revenues, (ii) the
moneys on deposit in the funds and accounts established by the Resolution, and (iii) the investment
earnings on the moneys on deposit in the funds and accounts.
"Prepayment Date" means any date of prepayment of the principal of the Loan by the
County, whether in whole or in part.
"Principal Amount" means the principal amount of the Loan outstanding at any time, as
shown on Schedule 3 to Exhibit A hereto, which shall not at any Five Hundred Sixty Thousand
Dollars ($560,000)..
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"Prior Note" means the County's $960,000 Tourist Development Tax Revenue Note, Series
1997, dated August 28, 1997.
"Prior Resolution" means Resolution No. 97-150, duly adopted by the Board on August 17,
1997.
"Project" means the acquisition and construction of certain capital projects in the County as
described on Attachment IT to the Resolution, or other capital projects pem1issible under the Act
and as may be provided from time to time by resolution of the County.
"Project Costs" means all or a portion of the cost of undertaking the Project including, but
not limited to: engineering, legal, accounting, and financial expenses; expenses for estimates of
costs and of revenues; expenses for plans, specifications and sUlì'eys; fees of fiscal agents, financial
advisors or consultants; administrative expenses relating solely to the Project; reimbursement to the
County for any sums heretofore expended for the foregoing purposes, payment of interest on the
Loan prior to its maturity; and such other costs and expenses as may be necessary or incidental to
the fmancing or refinancing of the Project.
"Register" means the books maintained by the Registrar in which are recorded the names
and address ofthe Registered Owner of the Note.
"Registered Owner" means the person in whose name the ownership of the Note is
registered on the books maintained by the Registrar. The Registered Owner shall initially be the
Banle
"Registrar" means the Person maintaining the Register. The Registrar shall initially be the
County Finance Director; any subsequent Registrar must be approved by the Bank or its authorized
transferee.
"Requisition" means a request by the County to the Bank for an advance, in substantially
the form of Exhibit C hereto.
"Resolution" means Resolution No. 02-_, adopted by the Board, on July 23, 2002, as
amended and supplemented from time to time.
"State" means the State of Florida.
"30-Day LIBOR" means the one-month London Interbank Offered Rate as quoted in the
Wall Street Journal.
SECTION 2. INTERPRET A nON. Unless the context clearly requires othenvise, words of
masculine gender shall be construed to include correlative words of the feminine and neuter
genders and vice versa, and words of the singular number shall be construed to include correlative
words of the plural number and vice versa. This Agreement and all the terms and provisions hereof
(a) have been negotiated in an arms-length manner between the County and the Bank; (b) have been
reviewed by the County Attorney and counsel for the Bank; (c) shall not be construed strictly in
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favor of or against either party hereto; and (d) shall be construed to effectuate the purpose set forth
herein and to sustain the validity hereof.
SECTION 3. THE LOAN.
A. Loan. The Bank hereby agrees to make and the County hereby accepts the Loan,
upon the terms and conditions set forth herein.
B. Dishmsp.mp.nt of Proœp.cls. Proceeds of the Loan shall be made available to the
COlmty on the Disbursement Date referenced in the Requisition to which the disbursement relates,
subject to the prior review and approval of the Bank, which approval shall not be unreasonably
withheld. A portion of the proceeds of the Loan, in the amount of the Initial Requisition Amount,
shall be made available by the Bank to the County by deposit to or for the order of the County by
2:00 p.m. on the Initial Disbursement Date in immediately available funds.
C, Rp.volvine Line. The maximum Principal Amount available to the County under
this Agreement shall be determined by reference to the Principal Amount, as defmed in Section 1
hereof, by subtracting therefrom the amount of all Requisitions and by adding thereto the amount of
all pa)1TIents and prepayments of principal.
SECTION 4. DESCRIPTION OF NOTE. The obligation of the County to repay the Loan
shall be evidenced by the Note. The Note shall be dated as of the Initial Disbursement Date; shall
mature as to principal oIl the dates and in the amounts as set forth in the Note; shall be in registered
fom1; and shall bear interest from its date until payment in full of the principal amount thereof, at
the Interest Rate shown on Exhibit A hereto, subject to adjustment as set forth in Schedule I to
Exhibit .-\. Interest shall be payable as set forth on Exhibit A, calculated on the basis of a 360-day
year consisting of twelve 30-day months and the actual number of days elapsed. The Note may be
prepaid in whole or in part prior to maturity without penalty.
SECTION 5. EXECUTION OF NOTE. The Note shall be executed in the name of the
County by the Chairman and countersigned and attested by the Clerk, and its corporate seal or a
facsimile thereof shall be affixed thereto or reproduced thereon. The Note may be signed and
sealed on behalf of the County by any person who at the actual time of the execution of such Note
shall hold the appropriate office in the County, although at the date thereof the person may not have
been so authorized. The Note may be executed by the facsimile signatures of the Chairman and/or
Clerk, provided that at least one of their signatures must be a manual signature.
SECTION 6. REGISTRATION AND TRANSFER OF NOTE. The Note shall be and
shall have all the qualities and incidents of negotiable instruments under the Uniform Commercial
Code-Investment Securities Laws of the State of Florida, and each Registered Owner, in accepting
the Note, shall be conclusively deemed to have agreed that such Note shall be and have all of the
qualities and incidents of negotiable instruments thereunder.
There shall be a Registrar who shall be responsible for maintaining the Register. The
person in whose name ownership of the Note is shown on the Register shall be deemed the
Registered Owner thereof by the County and the Registrar, \vho may treat the Registered Owner as
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the absolute owner of the Note for all purposes, whether or not the Note shall be overdue, and any
notice to the contrary shall not be binding upon the County or the Registrar.
Ownership of the Note may be transferred only upon the Register. Upon surrender to the
Registrar for transfer or exchange of the Note accompanied by an assignment or \yritten
authorization for exchange, whicheyer is applicable, duly executed by the Registered Owner or its
attorney duly authorized in writing, the Registrar shall deliyer in the name of the Registered Owner
or the transferee or transferees, as the case may be, a new fully registered Note of the same amount,
principal amortization schedule, final maturity and interest rate provisions as the Note surrendered.
No transfer of the Note shall be effective until entered on the registration books maintained
by the Registrar and until the transferee (which must be an "accredited investor" within the meaning
of Rule 501(a) of Regulation D promulgated under the Securities Act of 1933, as amended) shall
have delivered to the Registrar an investment letter in similar form and substance to the investment
letter delivered by the Bank upon the original issuance of the Note.
The Note presented for transfer, exchange, redemption or payment (if so-required by the
County or the Registrar) shall be accompanied by a ,vritten instrument or instnunents of transfer or
authorization for exchange, in form and with guaranty of signature satisfactory to the County or the
Registrar, duly executed by the Registered Owner or by its duly authorized attorney.
The County and the Registrar may charge the Registered Owner a sum sufficient to
reimburse them for any expenses incurred in making any exchange or transfer after the first such
exchange or transfer following the initial delivery of the ?\ote. The Registrar or the County IDay
also require payment from the Registered Owner or its transferee, as the case may be, of a sum
sufficient to cover taxes, fees or other governmental charges or expenses, if any, that may be
imposed in relation thereto (other than charges imposed by the County).> Such charges and
expenses shall be paid before a new ~ote is delivered.
The new Note delivered upon any transfer or exchange shall be a valid obligation of the
County, evidencing the same debt as the Note surrendered, shall be secured under this Agreement,
and shall be entitled to all of the security and benefits hereof to the same extent as the Note
surrendered.
Whenever the Note shall be delivered to the Registrar for cancellation, upon payment of the
principal amount thereof, or for replacement, transfer or exchange, the Note shall be cancelled and
destroyed by the Registrar, and counterparts of a certificate of destruction evidencing such
destruction shall be furnished to the County.
SECTION 7. NOTE MUTILATED, DESTROYED, STOLEN OR LOST. In case the Note
shall be mutilated, or be destroyed, stolen or lost, upon the Registered Owner furnishing the
Registrar satisfactory indemnity and complying with such other reasonable regulations and
conditions as the County may prescribe and paying such expenses as the County may incur, the
Registrar shall issue and deliver a new Note oflike tenor as the Note so mutilated, destroyed, stolen
or lost, in lieu of or substitution for the Note, if any, destroyed, stolen or lost, or in exchange and
substitution for such mutilated Note, upon surrender of such mutilated Note, if any, to the Registrar
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and the cancellation thereof; provided however, if the Note shall have matured or be about to
mature, instead of issuing a substitute Note, the County may pay the same, upon being indemnified
as aforesaid, and if such Note be lost, stolen or destroyed, without surrender thereof. Any Note
surrendered under the terms of tills Section 7 shall be cancelled by the Registrar.
Any such new Note issued pursuant to tills section shall constitute an original, additional
contractual obligation on the part of the County whether or not, as to the new Note, the lost, stolen
or destroyed Note be at any time found by anyone, and the new Note shall be entitled to equal and
proportional benefits and rights as to security for payment to the same extent as the Note originally
issued hereunder.
SECTION 8. FORM OF NOTE. The Note shall be in substantially the form of Exillbit A
hereto, with such variations, omissions and insertions as may be necessary, desirable and authorized
or permitted by this Agreement.
SECTION 9. SECURITY; NOTE NOT DEBT OF THE COUNTY. The obligation of the
County to pay the principal of and interest on the Note and to make the other payments, if any,
required under the Note and this Agreement, shall' be secured solely by the Pledged Revenues,
subject to the lien thereon and pledge thereof to secure payment of the Prior Note. The principal of
and interest on the Note and the other payments, if any, required under the Note and this Agreement
shall not constitute a general obligation or indebtedness of the County, and the Registered Owner
shall never have the right to compel the levy of taxes upon any property of or in the County for the
payment of the principal of and interest on the Note and the other payments, if any, required under
the Note and tills Agreement. The principal of and interest on the Note and the other payments, if
any, required under the Note and tills Agreement shall neither be secured by nor constitute a lien
upon the Project or upon any other property of or in the County, but shall be secured solely by the
Pledged Revenues, subject to the lien thereon and pledge thereof to secure payment of the Prior
Note, in the manner provided herein.
SECTION 10. COVENANTS OF THE COUNTY. Until the principal of and interest on
the Note and the other payments, if any, required under the Note and this Agreement shall have
been paid in full or until provision for payment of the Note and the other payments, if any,
required under the Note and this Agreement shall have been made in accordance with the
provisions of this Agreement, the County covenants with the Registered Owner of the Note as
follows:
A. Sinking Fund. The County hereby creates and establishes a special separate fund to
be called the "St. Lucie County, Florida, Tourist Development Tax Revenue Note, Series 2002
(Thomas 1. White Stadium), Sinking Fund" (hereinafter called the "Sinking Fund").
On or before the last Business Day of each month in each Fiscal Year, the County will
deposit all Fourth Cent Tourist Tax Revenues received since the last Business Day ofthe preceding
month and remaining after making the required deposits for the benefit of the Prior Note pursuant
to the Prior Resolution, into the Sinking Fund until amounts on deposit therein are sufficient to pay
the interest and principal becoming due on the Note during such Fiscal Year. Thereafter, for the
remainder of such Fiscal Year, the County shall use and apply the Fourth Percent Tourist Ta"X
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Revenues to the prepayment of principal of the Note at such times and in such amounts as the
County shall determine.
Amounts on deposit in the Sinking Fund may be invested and reinvested by the County in
Authorized Investments maturing or redeemable at the option of the County not later than the date
such amounts are needed for the payments required hereunder.
Except to the extent otherwise required by any provision hereof or of any tax compliance
certificate delivered in connection with the delivery of the Note, all income from the investment of
moneys in the Sinking Fund shall be retained in the Sinking Fund and used for the purposes thereof.
The designation of the Sinking Fund as a special fund for this Loan Agreement shall not be
construed to require the establishment of completely independent, self-balancing fund, as such term
is commonly; used and defined in governmental accounting, but is intended solely to constitute an
earmarking of certain moneys and investments for certain purposes and to establish certain
priorities for application of such moneys and investments as herein provided. The moneys and
investments required to be accounted for in the Sinking Fund may be pooled with other moneys in a
single fund or account, provided that adequate acèounting records are maintained to reflect the
allocation of the moneys and investments on deposit therein to the Sinking Fund and to control the
restricted uses of such moneys and investments for the various purposes as herein provided.
The County shall not be required to make any further payments into the Sinking Fund when
the aggregate amount of money and Authorized Investments in said fund is at least equal to the
maximum principal amount permitted to be drawn on the Note plus accmed interest thereon
calculated at the then current rate through the Maturity Date (provided, that the sufficiency of
moneys in the Sinking Fund shall be redetermined as of each Adjustment Date, and, if there is an
insufficiency of moneys as of any Adjustment Date, the County will cure such deficiency prior to
the next succeeding Adjustment Date).
B. Pl'lyment. The County will pay the principal of and interest on the Note when due
by wire transfer or other medium acceptable to the County and the Bank.
C. Finl'lnc.il'll Stl'ltements. As soon as available, and in any event not later than one
hundred eighty (180) days following the end of each Fiscal Year, the County will provide the Bank
with a copy of its audited Financial Statements or its Comprehensive Annual Financial Report, as
the case may be.
D. Annlll'll RlIne;et l'lnn other Tnforml'ltion. The County will prepare its annual budget in
accordance with the Act, and will, within thirty (30) days of adoption thereof by the Board, provide
to the Bank a copy of its final annual budget for each Fiscal Year. The County will also provide to
the Bank such other public information regarding the County and its affairs as the Bank may
reasonably request.
SECTION 11. REPRESENTATIONS AND WARRANTIES. The County represents and
warrants to the Bank that:
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A. Oreilniz::1ficln. The County is a political subdivision, duly organized and existing
under the laws ofthe State of Florida and eligible to issue obligations pursuant to the Act..
B. AlItnoriz;;¡tion of Aprf'f'mf'nt ;Inn Notf'. The County has the power and has taken all
necessary action to authorize the execution and delivery of, and the performance by the County of
its obligations under, this Agreement and the Note in accordance with their respective terms. This
Agreement and the Note have been duly executed and delivered by the County and are valid and
binding obligations of the County, enforceable against the County in accordance with their
respective terms, except to the extent that such enforcement may be limited by laws regarding
bankruptcy, insolvency, reorganization or moratorium applicable to the County or by general
principles of equity regarding the availability of specific performance.
C. PletÌef,n Revemlf'~. The County currently receives the Pledged Re\'enues and is
legally entitled to pledge the Pledged Revenues to pay the principal of and interest on the Note and
to make the other payments, if any, required under the Note and this Agreement when due. The
Pledged Revenues are estimated to be sufficient to pay the principal of and interest on the Note and
to make the other payments, if any, required under the Note or this Agreement and-to make all other
payments required to be made from the Pledged Revenues as the same become due. The County
will take all lawful action necessary to enable the County to continue to receive the Pledged
Revenues in at least the amounts necessary to pay principal and interest on the Note and to make
the other payments, if any, required lmder the Note or this Agreement to the extent not paid from
some other source and to make all other payments required to be made from Pledged Rewnues.
D. Finilnci;;¡l St;;¡tements. The Consolidated Annual Financial Report of the County for
the Fiscal Year ended September 30, 2001, previously provided to the Bank was prepared in
accordance with generally accepted accounting principles and presents fairly the financial condition
of the County as of such date and the results of its operations for the period then ended. Since
September 30,2001, there has been no material adverse change in the financial condition, revenues
(including, without limitation, the Pledged Revenues), properties or operations ofthe County.
E. No Amf'ntÌmf'nt of Act The County will not amend or repeal the pro\isions of the
County Act in any manner which would have the effect of reducing the amount of Pledged
Revenues available to pay the principal of and interest on the Note.
SECTION 12. CONDITIONS PRECEDENT. The obligation of the Bank to make the
Loan is subject to the satisfaction of each of the following conditions precedent on or before the
Initial Disbursement Date:
A. Action. The Bank shall have received a copy of the Resolution certified as complete
and correct as of the Disbursement Date, together with an executed Agreement, the executed Note,
and the customary closing certificates.
B. Tncnmhf'ncy ofOffí('f'J"S The Bank shall have received an incumbency certificate of
the County in respect of each of the officers who is authorized to sign this Agreement and the
related financing documents on behalf of the County.
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C. Opinion of(~mmty Attompy. The Bank shall have received a written opinion of the
County Attorney addressing matters relating to (1) the existence of the County; (2) the due adoption
of the Resolution; (3) the due authorization and execution of this Agreement and the Note and the
related financing documents; and (4) the absence oflitigation against the County relating to (a) its
existence or powers, (b) the Pledged Revenues or (c) the proceedings for the authorization and
issuance of the Note, in form and substance satisfactory to the Bank and its counsel.
D. Opinion of Bonn rmmspl. The Bank shall have received an approving opinion of
Bond Counselor, alternatively, a letter from Bond Counsel authorizing the Bank to rely on the
approving opinion of Bond Counsel delivered to the County in respect to the Note to the same
extent as if such opinion were addressed to the Bank, in either case, in form and substance
acceptable to the Bank and its counsel.
E. Rpf1rpspntMions ann Wammties; No Default The representations and warranties
made by the County herein shall be true and correct in all material respects on and as of the
Disbursement Date, as if made on and as of such date; no Default shall have occurred and be
continuing as of the Disbursement Date or will result from the consummation of the Loan; and the
Bank shall have received a certificate from the County to the foregoing effect.
F. Ofher DoclImpnts. The Bank shall have received such other documents, certificates
and opinions as the Bank or its counsel shall have reasonably requested.
SECTION 13. NOTICES. All notices, certificates or other communications hereunder
shall be sufficiently given and shall be deemed given when hand delivered, delivered by telecopier,
mailed by registered or certified mail, postage prepaid, or delivered by courier service to the parties
at the following addresses:
County:
St. Lucie County, Florida
2300 Virginia Avenue
Fort Pierce, Florida 34982
Attention: Douglas M. Anderson, County Administrator
Copy to: Daniel S. McIntyre, County Attorney
Bank:
SunTrust Bank
501 South Flagler Drive, 2nd Floor
West Palm Beach, Florida 33401
Attention: Michael P. Miller, Jr., Relationship Manager
Any of the above parties may, by notice in writing given to the others, designate any further or
different addresses to which subsequent notices, certificates or other communications shall be sent.
Communication via telecopier shall be confirmed by delivery by hand, mail, or courier, as specified
above, of an original promptly after such communication by telecopier.
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SECTION 14. EVENTS OF DEFAULT DEFINED. The following shall be "Events of
Default" under this Agreement, and the terms "Default" and "Events of Default" shall mean
(except where the context clearly indicates otherwise), anyone or more of the following events:
A. failure by the County to make any payment of principal of or interest on the Note
within three (3) days of the applicable Payment Date or the Maturity Date;
B. failure by the County to observe and perform any covenant, condition or agreement
on its part to be observed or performed under this Agreement for a period of thirty (30) days after
written notice of such failure shall have been delivered to the County by the Bank, unless the Bank
shall agree in writing to an extension of such time prior to its expiration;
C. the making of any warranty, representation or other statement by the County or by
an officer or agent of the County in this Agreement or in any instrument furnished in compliance
with or in reference to this Agreement which is false or misleading in any material adverse respect;
D. the filing of a petition against the County under any bankruptcy; reorganization,
arrangement, insolvency, readjustment of debt, disšolution or liquidation law of any jurisdiction,
whether now or hereafter in effect, if an order for relief is entered under such petition or such
petition is not dismissed within sixty (60) days of such filing;
E. the filing by the County of a \'oluntary petition in bankruptcy or seeking relief under
any provision of any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt,
dissolution or liquidation law of any jurisdiction, whether now or hereafter in effect, or the consent
by the County to the filing of any petition against it under such law; or
F. the admission by the County of its insolvency or bankruptcy or, its inability to pay its
debts as they become due or that it is generally not paying its debts as such debts become due, or
the County's becoming insolvent or bankrupt or making an assignment for the benefit of creditors,
or the appointment by court order of a custodian (including without limitation a receiver, liquidator
or trustee) of the County or any of its property taking possession thereof and such order remaining
in effect or such possession continuing for more than sixty (60) days.
SECTION 15. REMEDlES. The Bank may sue to protect and enforce any and all rights,
including the right to specific performance, existing under the laws of the State of Florida, of the
United States of America, or granted and contained in this Agreement, and to enforce and compel
the performance of all duties required by this Agreement or by any applicable laws to be performed
by the County, the Board or by any officer thereof, and may take all steps to enforce this Agreement
to the full extent permitted or authorized by the laws of the State of Florida or the United States of
America. In addition to such remedies, upon the occurrence of an Event of Default, the Bank shall
have the right to declare the entire unpaid principal of the Note, together with interest accrued
thereon, due and payable, in which event the unpaid amount shall be due and payable within 10
days of such declaration. The County and the Bank waive the right to a trial by jury of any and all
claims made between them related to and arising out of this Agreement, the Commitment, the
Resolution and the Note, whether now existing or arising in the future, including, without
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limitation, any and all claims, and intervenor's claims, whether arising from or related to the
negotiation, execution and performance ofthe transactions to which the Commitment relates.
SECTION 16. NO RECOURSE. No recourse shall be had for the payment of the principal
of and interest on the Note or for any claim based on the Note or on this Agreement, against any
present or former member or officer of the Board or any person executing the Note.
SECTION 17. PAYI\.1ENTS DUE ON NON-BUSINESS DAYS. In any case where the
date for making any payment or the last date for performance of any act or the exercise of any right,
as provided in this Agreement, shall be other than a Business Day, then such payment or
performance shall be made on the succeeding Business Day with the same force and effect as if
done on the nominal date provided in this Agreement, provided that interest on any monetary
obligation hereunder shall accrue at the applicable rate to and including the date of such payment.
SECTION 18. AMENDMENTS, CHANGES AND MODIFICATIONS. This Agreement
may be amended only in writing signed by both parties hereto.
SECTION 19. BINDING EFFECT. To the èxtent provided herein, this Agreement shall be
binding upon the County and the Bank and shall inure to the benefit of the County and the Bank
and their respective successors and assigns.
SECTION 20. SEVERABllJTY. In the event any provision of this Agreement shall be
held invalid or unenforceable by any court of competent jurisdiction, such holding shall not
invalidate or render unenforceable any other provision hereof
SECTION 21. EXECUTION IN COUNTERPARTS. This Agreement may be
simultaneously executed in several counterparts, each of which shall be an original and all of which
shall constitute but one and the same instrument.
SECTION 22. APPLICABLE LAW. This Agreement shall be governed by and construed
in accordance with the laws of the State.
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IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the
date fIrst above written.
(SEAL)
ST. LUCIE COUNTY, FLORIDA
ATTEST:
Chairman
Clerk of the Circuit Court, ex officio
Clerk of the Board of County Commissioners
APPROVED AS TO FORiYf AND
CORRECTNESS:
County Attorney
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Title:
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FORM OF NOTE
No. R-l
ST. LUCIE COUNTY, FLORIDA
TOURIST DEVELOPMENT TAX REVENUE NOTE, SERIES 2002
(THOMAS J. WHITE STADTIJM)
R A TF OF TNTEREST
A Floating Rate equal 30-day
LIBOR plus 150 basis points, as
adjusted on the Anniversary
Date based on 30-day LIBOR in
the immediately preceding
Business Day
MATT TRTTY DA TF
July 31, 2003
DATF OF TSSTTF.
July 31, 2002
REGISTERED OWNER:
SunTrust Bank
PRINCIPAL AMOUNT:
Five Hundred Sixty Thousand Dollars ($560,000)
KNOW ALL MEN BY THESE PRESENTS, that St. Lucie County, Florida (the "County"),
for value received, hereby promises to pay to the Registered Owner designated above, or registered
assigns, from the special funds hereinafter mentioned, on the Maturity Date specified above, the
Principal Amount shown above, or such lessor amount as shall be outstanding hereunder, and to
pay from such funds interest on the principal balance outstanding from time to time from the date of
this Note or from the most recent date to which interest has been paid, whichever is applicable, until
payment of such principal balance, at the Rate of Interest set forth above, calculated on the basis of
a 360-day year consisting of twelve 30-day months, subject to adjustment as set forth on Schedule I
hereto, such interest being payable on each Adjustment Date and on the Maturity Date (each an
"Interest Payment Date") until maturity, by wire transfer in accordance with written instructions
delivered by the Registered Owner to the County. The principal of and interest on this Note are
payable in lawful money ofthe United States of America.
The principal outstanding and evidenced by this Note may be prepaid at any time and from
time to time, and such prepayments shall be applied to reduce the principal balance outstanding.
This Note is issued to finance the costs of the acquisition and construction of improvements
to the Thomas J. White Stadium and related facilities (the "Project"), under the authority of and in
full compliance with the Constitution and Statutes of the State of Florida, including particularly
Chapter 125, Part 1, and Chapter 159, Part VI, Florida Statutes, Ordinance No. 87-77 of the County,
and other applicable provisions oflaw, and Resolution No. 02-_, duly adopted on July 23, 2002
(the "Resolution"), and a Loan Agreement between the County and SunTrust Bank, dated July 31,
5334v3/28902"'()()Q93/A-LOAN AGREE TOT
1
\..
....,
2002 (the "Agreement"), all of which are by this reference incorporated herein and to which
reference should be made to ascertain those terms and conditions.
This Note is payable from and secured solely by a lien upon and pledge of (i) the Fourth
Percent Tourist Tax Revenues, subject to the prior lien thereon to secure payment of the County's
$960,000 Tourist Development Tax Revenue Note, Series 1997, (ii) the moneys on deposit in the
funds and accounts established by the Resolution and the Agreement, and (iii) the investment
earnings on the moneys on deposit in the funds and accounts (collectively, the "Pledged
Revenues").
The principal of and interest on this Note shall not constitute a general obligation or
indebtedness of the County, and the Registered Owner shall never have the right to require or
compel the levy of taxes on any property of or in the County for the payment of the principal of and
interest on this Note. The principal of and interest on this Note shall not be secured by a lien upon
the Project, or upon any other property of or in the County, but shall be secured solely by the
Pledged Revenues, in the manner provided herein and in the Agreement. Reference is made to the
Agreement for the provisions relating to the security for payment of this Note and the duties and
obligations of the County hereunder. .
This Note may be transferred or assigned by the Registered Owner to any accredited
investor as defined in, in the manner provided in, and subject to the limitations contained in the
Agreement. Otherwise, this Note may not be transferred or assigned by the Registered Ü\mer
without the prior written consent of the County.
It is hereby certified and recited that all acts, conditions and things required by the
Constitution and laws of the State of Florida to be performed, to exist and to happen precedent to
and in connection with the issuance of this Note, have been performed, exist and have happened in
regular and due form and time as so required.
5334v3128902-00093/A-LOAN AGREE TDT
2
'-'
...."
IN WITNESS WHEREOF, St. Lucie County, Florida, has caused this Note to be executed
by its Chairman or Vice Chairman, and attested by the Clerk of the Circuit Court, ex officio Clerk
of the Board, either manually or with their facsimile signatures, and its seal or a facsimile thereofto
be affixed, impressed, imprinted, lithographed or reproduced hereon, all as ofthe Date ofIssue.
(SEAL)
ST. LUCIE COUNTY, FLORIDA
Chairman
ATTEST:
By:
Clerk of the Circuit Court, ex officio
Clerk of the Board of County Commissioners
5334v3/28902-00093/A-LOAN AGREE TDT
3
'-
....,
EXHIBIT B
COMMITMENT LETTER
B-1
S334v3/28902-00093!A-LOA_' AGREE ruT
'-
""
EXHIBIT C
FORM OF REQUISITION
LOAN ADVANCE REQUEST
From: St. Lucie County, Florida
To: SunTrust Bank
West Palm Beach, Florida
Date:
Requisition No.:
Under the terms of the not excèeding $560,000 Tourist Development Tax
Revenue Note, Series 2002 (Thomas J. White Stadium), dated July 25, 2002, and the
Loan Agreement related thereto, St. Lucie County, Florida, hereby requests an advance in
the amount of $ to be credited to the account of the undersigned,
account # on July 26, 2002.
The principal balance of the Loan outstanding prior to this Request is the sum of
$ , and the principal balance of the Loan outstanding after this Request will
be $ , which is less than $ , the maximum amount that may be
outstanding under the Loan.
ST. LUCIE COUNTY, FLORIDA
By:
County Administrator
C-l
S334v3/28902-00093/A·LOAN AGREE TDT
"
-
AGENDA REOUEST
-."",
I1J:<:MNO.
7
DATE:
7-23-02
REGULAR [X ]
PUBLIC HEARING [
CONSENT []
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY: OMB
PRESENTED BY: Marie M. Gouin
SUBJECT: Approval of millage rates to be submitted to the Property Appraiser and set dates for public
hearings.
BACKGROUND: The recommended rates were established pursuant to the budget reviews concluded by the
Board on July 16, and as required to meet special district, debt service, and related millage requirements.
FUNDS AVAILABLE: NA
PREVIOUS ACTION: NA
RECOMMENDATION: Staff recommends the Board of County Commissioners approve the following:
1. Approve millage rates as outlined on "Worksheet Analysis of Roll-Back Millage Rate for Fiscal Year 2002-
2003" under the column headed "2002-2003 proposed millage".
2,Set two public hearings on September 12 and 19 at 5:05 P.M. in the Roger Poitras Administration Annex
Commission Chambers.
3. Authorize the County Administrator to transmit the millage rates to the Property Appraiser on Form DR-420,
4. Set aggregate millage at 8.5302 mills which is 5.94 % over the roll-back rate for tax year 2002.
COMMISSION ACTION:
[X] APPROVED [] DENIED
[ ] OTHER: 5-0
I? ug Anderson
County Administrator
Coordination/S ignatures
County Attomey:~ Management & Budget: XX rrI~ Purchasing:
Originating Dept:
Public Works:
Other:
\.r
...,.,
OFFICE OF MANAGEMENT & BUDGET
MEMORANDUM #02-50
TO:
DOUG ANDERSON, COUNTY ADMINISTRATOR
FROM:
MARIE M. GOUIN, MANAGEMENT & BUDGET DIRECTOR
SUBJECT: FY 2003 MILLAGE RATES
DATE:
JULY 23, 2002
The attached worksheet reflects the FY 2002 proposed and roll-back núllage rates.
Significant points are:
1. The proposed Maximum Total Countywide núllage remains at 7,9551, or no increase from the current year, as
directed by the Board. Mosquito Control has been included with countywide núllages for purposes of this
calculation.
2. The millage rate for the Storm water MSTU has been increased by 0 .0608 núlls, off-set by a decrease in the
núllage rate for the Debt Service Funds, which includes Environmental Land Bond, Beach Bond and Port Property
Bond by .0608 núlls.
3. The total aggregate núlIage has increased by .0232 núlls over 2002. The result primarily from the increased in
property values and Storm water MSTU rate increase over FY 2002 [mal.
4. The increase in roll back aggregate núllage over current aggregate núllage is5.94%. This is due essentially to the
nominal increase in certified value of 8.62%.
5. The Unincorporated Services and Law Enforcement MSTU's remain unchanged; the special district, debt, and
related MSTU's have been adjusted as required by the applicable agreements.
MG:
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AGENDA REQUEST
~EM NO.~
.....
DATE: July 23, 2002
REGULAR r,il
PUBLIC HEARING [ l
CONSENT r I
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY: Purchasinq Department
Michael Rath. Purchasina Director
SUBJECT: Award of Bid No. 02-057, Security and Fire Alarm System Improvements and Replacements
for St. Lucie County Correctional Facility
BACKGROUND: On May 22,2002 bids were opened for Security and Fire Alarm System Improvements
and Replacements for St. Lucie County Correctional Facility. This bid was issued to the six (6) pre-
qualified firms approved by the Board of County Commissioners on February 6, 2002. Three (3) bids
were received. The Central Services Department and the engineer of record (Sims Wilkerson
Engineering, Inc.) have reviewed the bids received and recommend that the bid be awarded to the low
bidder, Norment Security Group, Inc., in the amount of $1,962,000. Recommendation and tabulation
attached.
FUNDS AVAilABLE: Funds in the amount of $445,872 are available in Rock Road Detention Center
Improvements Account No. 316-1940-546200-1527. The balance will be made available once staff
secures the loan proceeds.
PREVIOUS ACTION: See Agenda Item 6A
RECOMMENDATION: Contingent upon the Board approving Agenda Item ~ staff recommends
award of Bid No. 02-057, Security and Fire Alarm System I mprovements and Replacements for St. Lucie
County Correctional Facility to the low bidder, Norment Security Group, Inc., in the amount of $1,962,000
and authorization for the Chairman to sign the contract as prepared by the County.
COMMISSION ACTION:
r'I APPROVED [l DENIED
[ l OTHER: 5-0
o 9 nderson
County Administrator
Coordination/Signatures
Mgt. & Budget (X) UtJ j~n,~
Other:
County Atlorney.(X) \~fn!)J"....
Originating Dept::
(l
llL-
Purchasing Mgr.:(X) [\. I
Other:
Finance: (Check for Copy only, if Applicable)
Eft,1/97
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Sims Wilkerson Engineering, Inc.
1555 Howell Branch Road, Suite A-I
Winter Park, Florida 32789-1170
(407) 645-1566 Fax (407) 645-2399
..""
June 26, 2002
St. Lucie County Purchasing Division
2300 Virginia Avenue
Fort Pierce FL 32982
Attention:
Mr. Michael A. Rath, Director
Reference:
Security and Fire Alarm Systems, Improvements, and Replacement
St. Lucie County Correctional Facility
SWE #01098
Subject:
Contract A ward
Dear Mr. Rath:
The County received three bids for the above reference project on May 15,2002. The amounts of these
are as follows:
1.
2.
3.
Norment Security Group
SEMCO
Integrated Systems, Inc.
$1,962,000.00
$2,090,709.00
$2,485,990.00
Each of these bidders had been pre-qualified by the County through established procedures.
The bids from SEMCO and Integrated Systems, Inc. were not completely filled as required in Section
00110 Bidder's Check List. SEMCO was missing Section 110 and 480 and did not indicate if they had
received addendum 1 through 5. Integrated Systems Inc. did not complete Section 110.
Norment Security Group submitted the lowest bid and no irregularities in their bid have been noted;
therefore, we recommend award of the Contract to Norment Security Group.
Sincerely,
SIMS WILKER~SON E~GINEiERING' INC.
1,· -
I / ì ..
(Ucnl/~ / (']./,/ e-z'µ"'<.--
Howard W. Sims, P.E.
President
cc: Paul Julin, SLC Central Services
Anthony Frassetta, Vitetta
AGENDA REQUEST
TO:
BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY(DEPT): Administration
SUBJECT:
Bi-Weekly Committee Reports
ITEM NO. '1
DATE: July 23,2002
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 2".0 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:
[ ] APPROVED [] DENIED
.~ OTHER: Reports given
Meeting Date
Monthly
Monthly
2nd Thursday
2nd Tuesday
2n.o Thursday
2nd Wednesday
3rd Wednesday
2nd Wednesday
3rd Friday
Commissioner
Barnes
Coward
Lewis
Barnes
Lewis
Hutchinson
Bruhn/Coward
Lewis
Cowa rd/Ba rnes
.......
-....II
CONSENT
ITEMS
BOARD OF
COUNTY
COMMISSIONERS
MEETING
'-'
......"
BOARD OF COUNTY COMMISSIONERS
ADDITIONS AGENDA
July 23. 2002
CONSENT AGENDA
Supervisor of Elections
C-A.1 Permission to Advertise - Consider staff recommendation to grant permission to
advertise Resolution No 02-193 as drafted.
NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings
will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of
any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-
eXdlTline 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 SelVices Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting.
'~
'-'
§ e'tt'tude"'walke't
Supervisor of Elections
St. Lucie County
2300 Virginia Avenue . Ft, Pierce. Florida 34982 . (772) 462-1500 . Fax [772) 462-1439
AGENDA REQUEST
ITEM No.
4,4-1
DATE: 07-23'02
REGULAR: [ ]
PUBLIC HEARING [
CONSENT [ X
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY (DEPT): SUPERVISOR OF ELECTIONS
GERTRUDE WALKER
SUBJECT: A RESOLUTION AMENDING RESOLUTION NO 97-206, AS DESCRIBED IN THE ATTACHED
HEADING OF RESOLUTION NO. 02-193.
BACKGROUND: PER ATTACHED MEMORANDUM AND HEADING
FUNDS A V AIL. (State type & No. of transaction or N/A):
PREVIOUS ACTION:
RECOMMENDATION:
STAFF RECOMMENDS THE BOARD TO GRANT PERMISSION TO ADVERTISE
RESOLUTION NO. 02-193 AS DRAFTED.
COMMISSION ACTION:
CONCURRENCE:
M
APPROVED
[ ]
DENIED
[ ] OTHER:
County Attorney:
(7Y-
Review and Approvals ~ / J
supervisorofElect~~
250 NW. Country Club Drive . Port St, Lucie. Florida 34986 . (772) 871-5410 . Fax [772) 871-5323
9340 S, Federal Highway . Port St, Lucie. Florida 34952 . (772) 337-5623 . Fax (772) 337-5626
www.slcelections.com . e-mail: gertrude@slcelections.com
......,
§e~t~ude \Wa[ke~
Supervisor of Elections
St. Lucie County
2300 Virginia Avenue . Ft. Pierce, Florida 34982 . (772) 462-1500 . Fax (772) 462-1439
MEMORANDUM
TO: St. Lucie County Board of County Commissioners
FROM: Gertrude Walker, Supervisor of Elections
DATE: July 22, 2002
SUBJECT: Resolution 02-193
BACKGROUND:
On Octoberl4, 1997, at my request, the board adopted
Resolution No. 97-206 which amended Resolution No. 96-152 by
subdividing Election Precinct 19 and creating Election Precinct 1-19;
and changing the polling locations for Election Precincts 25, 53, and
70.
It is necessary to amend Resolution No. 97-206 as described in
the attached heading of Resolution No. 02-193.
RESOLUTION/CONCLUSION:
Staff recommends the Board grant permission to advertise
Resolution No. 02-193 as drafted.
Respectfully submitted,
~~..
/riertrude Walker
/' Supervisor of Elections
250 N.w. Country Club Drive . PoltSt, Lucie, Florida 34986 . (772) 871-5410 . Fax (772) 871-5323
9340 S, Federal Highway . Polt St, Lucie, Florida 34952 . [772J 337-5623 . Fax (772) 337-5626
www.slcelections.com . e-mail: geltrude@slcelections.com
\.,.
'..I
RESOLUTION NO. 02-193
A RESOLUTION AMENDING RESOLUTION NO. 97-206
WHICH SUBDIVIDED ELECTION PRECINCT 19 AND
CREATED ELECTION PRECINCT 1-19, AND CHANGED
THE POLLING LOCATIONS FOR ELECTION PRECINCTS
25, 53, AND 70; BY SUBDIVIDING ELECTION
PRECINCT 6 AND CREATING ELECTION PRECINCT 88,
SUBDIVIDING ELECTION PRECINCT 7 AND CREATING
ELECTION PRECINCT 78 AND 81, SUBDIVIDING
ELECTION PRECINCT 8 AND CREATING ELECTION
PRECINCT 79 AND 80, SUBDIVIDING ELECTION
PRECINCT 37 AND CREATING ELECTION PRECINCT 84,
SUBDIVIDING ELECTION PRECINCTS 49 AND 50 AND
CREATING ELECTION PRECINCT 83, SUBDIVIDING
ELECTION PRECINCT 67 AND CREATING ELECTION
PRECINCT 85 AND 87, SUBDIVIDING ELECTION
PRECINCT 68 AND CREATING ELECTION PRECINCT 82;
FURTHER BY INCORPORATING ELECTION PRECINCT 2
INTO ELECTION PRECINCT 24 AND 60,
INCORPORATING ELECTION PRECINCT 3 INTO
ELECTION PRECINCT 10 AND 16, INCORPORATING
ELECTION PRECINCT 4 INTO ELECTION PRECINCT
17, INCORPORATING ELECTION PRECINCT 5 INTO
ELECTION PRECINCT 18, INCORPORATING ELECTION
PRECINCT 34 INTO ELECTION PRECINCT 57,
INCORPORATING ELECTION PRECINCT 58 INTO
ELECTION PRECINCT 59, INCORPORATING ELECTION
PRECINCTS 61, 62, 66, AND A PORTION OF 2 INTO
ELECTION PRECINCT 60, AND INCORPORATING
ELECTION PRECINCT 64 INTO ELECTION PRECINCT
29; FURTHER BY CHANGING THE POLLING LOCATIONS
FOR ELECTION PRECINCTS 6, 8, 9, 12, 13, 24,
32, 43, 44, 46, 49, 53, 55, 56, 59, 68, AND
73; FURTHER BY CHANGING THE LEGAL DESCRIPTIONS
FOR ELECTION PRECINCTS 1, 11, 13, 15, 19, 21,
22, 28, 29, 31, 32, 33, 38, 39, 40, 44, 48,
54, 55, 69, AND 74; AND FURTHER BY CORRECTING
SCRIVENER ERRORS IN THE LEGAL DESCRIPTIONS FOR
ELECTION PRECINCTS 41, 47, 71, 76, AND 77
07/19/02
F'7t\BWARR
FUND
001
001001
001137
001139
001141
001143
001151
001249
001266
001267
001269
001809
101
101002
101003
101006
102
102001
102104
105
107
001
... ,002
107003
109
113
114
116
117
119
121
123
127
136
138
140
140001
140121
140312
140800
145112
160
183
183001
183002
183004
J~'\203
204
'-
...
ST. LUCIE COUNTY - BOARD
"wi
WARRANT LIST #42- 13-JUL-2002 TO 19-JUL-2002
FUND SUMMARY
TI TLE
General Fund
Recreation Special Events
Zora Neala Hurston Dust Tracks Heri
FHA Transportation for 21st Century
Section 112/MPO/FHWA FY02/03
Health & Human Srvcs CSBG FY01/02
Urban Mobile Irrigation Lab Grant
Section 8 Grant FY 99/00
CTD TRIP Grant FY01/02
EMPA 01/02 Dept. of Community Affai
FD3P-Urban Mobile Lab Grant 01/02
SFWMD-Floridian Aquifer Well 01/04
Transportation Trust Fund
Transportation Trust/80% Constitut
Transportation Trust/Local Option
Transportation Trust/Impact Fees
Unincorporated Services Fund
Drainage Maintenance MSTU
FDOT Bicycle/Pedestrian Coordinator
Library Special Grants Fund
Fi~e & Forfeiture Fund
Fine & Forfeiture Fund-Wireless Sur
Fine & Forfeiture Fund-E911 Surchar
Fine & Forféiture Fund-800 Mhz Oper
Drug Abuse Fund
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
Palm Lake Gardens MSTU Fund
Port & Airport Fund
Port Fund
FAA Taxiway A-3, Airfield Signage
(FDOT) Taxiway A-3 Phase I Const.
IRL Taylor Creek Restoration SFWMD
NOÞ~/CIP Bear Point Integration
Plan Maintenance RAD Fund
Ct Administrator-19th Judicial Cir
Ct Administrator-Arbitration/Mediat
Ct Admin.-County Arbitration/Mediat
Ct Admin.- Teen Court
Ft. Pierce Beach Restoration
South Co. Post Storm Study FDEP
EXPENSES
338,597.74
946.30
12.45
29.08
502.67
6,887.41
639.10
13,425.09
17,416.80
267.13
9.45
92.35
40,936.83
4,250.00
2,550.00
45,745.82
5,929.12
519.37
99.92
2,610.10
246,244.60
63.05
63.05
3,184.04
400.00
201.53
443.45
492.00
122.78
716.97
68.18
250.81
325.24
1,296.22
105.52
7,151.08
3,762.80
29,977.91
3,330.88
3,634.47
559.22
5,428.84
567.83
2,114.49
150.00
215.13
17,742.00
3,251.50
P,;\G E
1
PAYROLL
481,759.60
0.00
0.00
380.16
6,703.71
943.57
1,061.91
0.00
0.00
3,649.34
126.89
1,188.80
108,305.11
0.00
0.00
0.00
46,499.15
3,495.97
1,287.72
2,045.10
91,627.21
829.15
829.16
0.00
0.00
0.00
0.00
0.00
0.00
C.OO
0.00
0.00
0.00
0.00
0.00
10,798.64
0.00
0.00
0.00
0.00
0.00
2,612.41
4,496.72
1,115.38
0.00
2,874.61
0.00
0.00
t_
07/19/02
F'7ABWARR
FUND
185002
316
382
396
399
401
418
421
441
441802
448
449
451
458
461
471
478
479
491
505
505001
r .
~
630
672
w
\Ò.
ST. LUCIE COUNTY - BOARD
...""",
WARRANT LIST #42- 13-JUL-2002 TO 19-JUL-2002
FUND SUMMARY
TITLE
SHIP Housing Assistance FY 01/02
County Capital
Environmental Land Capital Fund
Lennard Road 1 - Roadway Capital
Grey Twig Lane MSBU
Sanitary Landfill Fund
Golf Course Fund
H.E.W. Utilities Fund
North Hutchinson Island Utilities
SFWMD N. Hutchinson Water Main
NHI Util-Renewal & Replacement Fund
NHI Util - Capital Facilities Fund
S. Hutchinson Utilities Fund
SH Util-Renewal & Replacement Fund
Sports Complex Fund
No County Utility District-Operatin
No Cty Util Dist-Renewal & Replace
No Cty Util Dist-Capital Facilities
Building Code Fund
Health Insurance Fund
Property/Casualty Insurance Fund
Tourist Development Trust-Adv Fund
Law Library
Tax Deed Overbid Agency Fund
F.F.A. Road Fund
GRAND TOTAL:
EXPENSES
1,350.78
31,825.76
30,780.00
32,500.00
2,322.53
126,643.31
6,216.54
1,565.70
22,554.52
5,724.60
5,567.80
9,934.70
23,729.32
63.56
7,001.38
11,415.97
2,034.52
1,205.19
4,651.95
68,737.14
129.24
17,106.62
3.19
37,096.65
1,015.63
1,264,506.92
PAGE
2
PAYROLL
1,430.40
0.00
0.00
0.00
0.00
53,248.76
21,195.46
202.45
2,949.57
0.00
981.76
1,074.97
1,819.09
855.63
ï-O, 539.72
2,064.02
404.40
345.90
24,079.67
2,766.66
2.,760.03
3,575.91
0.00
0.00
0.00
903,924.71
'- .. ....,¡
07/19/02 ... ST. LUCIE COUNTY - 30ARD PAGE
F'7.ABWARR VOID LIST# 42- 13 -J',TL- 2002 TO 19-JUL-2002
ÞvND: 101 - Transportation Trust Fund
CHECK INVOICE VENDOR TOTAL
00282319 12213480 Isberner, Scott 16.30
00282606 12214585 Isberner, Scott 2.20
Fl~u TOTAL: 18.50
"-
~
,
\...--
'"
, """
AGENDA REQUEST
ITEM NO: ~
DATE: July 23,2002
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [X]
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY: Parks & Recreation
PRESENTED BY: Pete Keogh
Director
SUBJECT: Acceptance of $3,000 from the St. Lucie School District for reimbursement of
dollars expended by the Parks & Recreation Department for Capital Maintenance
Improvements at Lawnwood Stadium and approval of Budget Resolution No: 02-183.
BACKGROUND: On August 24,1999, the BOCC and the St. Lucie County School District
entered into an Agreement For Operation of Lawnwood Stadium stipulating that the School
Board would be responsible for annual inspections and in addition would be responsible for all
expenses related to capital improvements. The Parks & Recreation Department has expended
$3,000 for deep-tine aerification & sod replacement on the athletic field. The School Board is
reimbursing those dollars expended as per the provisions of the agreement.
FUNDS AVAILABLE: 001-7210-369930-700 (Parks-Revenue)
001-7515-369930-700 (Lawnwood-Revenue)
PREVIOUS ACTION: N/A
RECOMMENDATION: Staff recommends acceptance of $3,000 from the St. Lucie County
School District as per the provisions of the 1999 Lawnwood Stadium Agreement and approval
of Budget Resolution No: 02-183.
COMMISSION ACTION:
CONCURRENCE:
[Xl APPROVED [] DENIED
[ ] OTHER:
County Attorney:
_ Purchasing:
Originating Dept: Þ-
Other:
Finance: (Check for Copy only, if applicable) /
~
Coordination/Sianatures
Management & Budget: rc-¡ tv) ffit
Public Works:
'-'
"""'"
RESOLUTION NO. 02-183
WHEREAS, subsequent to the adoption of the S1. Lucie County Board of County Commissioners budget for S1. Lucie
County, certain funds not anticipated at the time of adoption of the budget have become available in the formof
reimbursement from Saint Lucie County School District for dollars expended by the Parks and Recreation Department
in Capital Maintenance Improvements at Lawnwood Statium and approval of Budget Resolution number 02-183.
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 ofS1. Lucie County, Florida, in
meeting assembled this 23rd day of July, 2002, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby
appropriated for the fiscal year 2001-2002, and the County's budget is hereby amended as follows:
REVENUES
001-7210-369930-700
001-7515-369930-700
Parks-Revenue
Lawnwood-Revenue
$1,950
$1,050
APPROPRIATIONS
001-7210-546300-700
001-7515-546300-700
Parks - Grounds Maintenance
Lawnwood Football- Grounds Maint
$ 1,950
$1,050
After motion and second the vote on this resolution was as follows:
Commissioner Doug Coward, Chairperson
Commissioner Cliff Barnes, Vice Chairperson
Commissioner John D. Bruhn
Commissioner Paula A. Lewis
Commissioner Frannie Hutchinson
xxx
XXX
XXX
XXX
XXX
PASSED AND DULY ADOPTED THIS 23rd DAY OF JULY 2002.
A TIEST:
BOARD OF COUNTY COMMISSIONERS
ST LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
APPROVED AS TO CORRECTNESS
AND FORM:
COUNTY A TIORNEY
\.or
....,
"
ST. LUCIE COUNTY BOARD OF COUNTY
COMMISSIONERS
Parks and Recreation Department
INVOICE
DESCRIPTION
AMOUNT
Completion of Capital Improvements to Lawnwood Stadium
$2,500.00
For í of Aerating services to be performed at Lawnwood
Stadium.
$ 500.00
Total:
$ 3 .000.00
,
MThis billing is being initiated in order to execute the provisions of the Lawnwood
Stadium Agreement between the Dacc and the SLCSD on August 24, 1999. II
')
Please make out check to:
St. Lucie County Board of County Commissioners - Parks and Recreation Dept.
2300 Virginia Avenue, Fort Pierce, FL 34983
FROH. : COBRA ATHLET I CSO FP CENTRAL
\...
PURCHASE ORDER
SCHOOL DISTRICT OF ST. LUCIE: COUNT'!
2909 DELAWARE AVENUE
FORT PIERCE. FLORIDA 34947-7299
TELEPHONE 15611 469-5050
.tc
06/05/02
F~ NO. : 551 458 5765
Jun. 07 2002 11:52AM P2
VfNOO~'
SHIP TO'
SLC BOARD OF COUNTY COMMISSION
ATTN: DIANE BERNARDO, FINANCE
2300 VIRGINIA AVE
FT PIERCE FL 34982
"
0161
FT PIERCE CENTRAL
1101 EDWARDS ROAD
FORT PIERCE
HIGH
FL 34982
003
004
005
2,500.00
500.00
.00
3,000,00
~'. J.;';~'...- .~,.
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:~.~ :.:. ;.;.: '. _ '. .<~>:::::.n~-.~ ;::~; '~\~.~; ~~-.:~..,. ,. ~. ""0. -. ---- . .- ~...
. - .~,._ __~.... _" ::"".~.;;._...: ~<·~·,;,t~..I.":'-';"'._....~o#." .'~
I hereby ctnily t~., fuftd. Ir. """il,ble i" .". budg.' to
((lV't, U-" purchòl!"-o ufdðr. end IPPfO"'') '$ hereby ar.ant.d.
ACCEPTANce OF THIS PURCHASE ORDER CONSTITUTES
AGREEMENT TO THE TERMS AND CONDITIONS PRINTED
ON THE REVERSE SIDE.
)SI ~.... ...._n, IPIC. ~f..1 "'f'.~'
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~.~
PUPCHASING AG'NT
NOTE: Tft. Schaol Board o. S.. \"l.ICiR Caunty it exemp' Ifnlft
t"e 'all(lwifta 'i)c":
I. 5'1M' 01 Florida S.Ic:s r.x c.tti'iciJI'. Nn. ell·OO·O"la6·~3C
2. 'ea.,,! EXClsa Tax "eOistfiltior¡ N\lml (:, ..·207S53
'-'HE SCHOOL BOARD OF ST. LUCIE COUNTY
2909 DELAWARE AVENUE FORT PIERCE FL, 34947-7299
REMITTANCE ADVICE - CLEARING ACCOUNT
CAPITAL IMPROVE
'"-
..
"CCK'
::.:',::. HE'" .,':' ,
,AMOUNT,':,:
3,000.0
THE SCHOOL BOARD OF ST. LUCIE COUNTY
FORT PIERCE, FLORIDA
~,
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O~6~:15
63-121
, :~: 670
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PAY M:¡¡[::I!BII~:fmHQI§mjJœ'lmº%:~:~gjf.Æl§ø$m$$fth'$llmøg$fl$1~ml$.BIfu;$ffft%Ëmm~ft:triOì.LARS
THIS WARRANT NOT VALID AFTER 6 MONTHS FROM D....TE <...:J
'--¡
TO THE
ORDER
OF:
SLC BOARD OF COUNTY COMMISSION
ATTN: DIANE BERNARDO, FINANCE
2300 VIRGINIA AVE
FT PIERCE FL 34982
. PAYABLE THROUGH CLEARING ACCOUNT
SUNTRUST BANK, TREASURE COAST
FT. PIERCE, FLORIDA
II" 0 31 b 5 ¡ Sil" I: 0 b 7 0 0 ¡ 2 ¡ 7 I: 0 7 8 ... 0 2 b ¡ 0 b b 7 bil"
..--
"-""
.,
AGENDA REQUEST
ITEM NO. C-2b
DATE: July 23, 2002
REGULAR
[ 1
PUBLIC HEARING [ 1
CONSENT [Xl
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY: Parks & Recreation
PRESENTED BY: Pete Keogh
Director
SUBJECT: Request for approval to serve alcohol at PepperPark
BACKGROUND: Culpepper & Terpening Inc., has reserved a pavilion at the Pepper Park picnic
area for the purpose of holding its annual company picnic to be held on July 27, 2002. Alcohol
will be served but not sold. As required by County Ordinance 1-15-23, they are now seeking
BOCC approval to serve alcohol during the event.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: N/A
RECOMMENDATION: Staff recommends that the Board of County Commissioners approve
Culpepper & Terpening, Inc.'s request to serve alcohol at Pepper Park on July 27, 2002 during
its annual company picnic.
COMMISSION ACTION:
LX] APPROVED [] DENIED
[ ] OTHER:
ENCE:
oug Anderson
County Administrator
County Attorney:
y
Coord ination/Siq natures
Management & Budget:
Purchasing:
Originating Dept:
r
Public Works:
Other:
Finance: (Check for Copy only, if applicable) _
,..
'-'
."""
St. Lucie County
Recreation Department
Alcohol Bevera~e Permit
I, D.A/.L4\.oo- 12.- ~... t~........ , representing ~~;rr t:P'7 request a permit to consume and/or sell
alcoholIc beverages for on site consumptIOn at ...,... on ð"1 /2-7 / Ö 2. .
Criteria for Issuance of Permit:
I) Applicant must be at least twenty-one (21) years of age.
2) Applicant must possess a valid drivers liccnse or other form of identification containing a current county
address.
3) Application for permit must be completed and delivered to the Recreation Department at least fifteen (15)
days prior to event.
Condition of Permit:
1) Person signing permit application must be present during event.
2) Permittee will be responsible for verifYing age of all persons to whom alcoholic beverages are sold or
dispensed under the permit.
3) Area of permit use will be confined to the arca specified in the permit.
4) Proof of a permit to sell alcoholic beverages, if applicable, issued by the Alcoholic Beverage Commission shall
be delivered to the Recreation Department ten (10) days before the event
5) Alcoholic beverages shall be sold only in conjunction with food sales,
6) Sheriff's deputies will be required when live music is performed or alcoholic
Beverages are sold, (A half an hour before the event until a half an hour after the event.)
7) If alcoholic beverages will be sold during the event, the permittee shall carry
for the period of the permit on all operations under the permit workman's
compensations, general liability comprehensive form insurance, bodily injury,
property damage insurance, automotive liability insurance. The permittee shall
furnish certificates of insurance to the Recreation Department no later than ten
(10) days prior to the event. The permittee shall indemnifY and hold St. Lucie
County harmless from any liability arising out of acts, errors or omissions by the Permittee or its agents to
the extent of the insurance coverage set out below. Minimum coverage shall be:
A. General Liability - Comprchensive Form - $1,000,000.00 each
occurrence and $2,000.000.00 aggregate.
B, Automotive Liability - Bodily Injury and Property Damage - $1,000,000
combined.
C. Workman's compensation - statutory.
8) A disclaimer in all advertising stating that St. Lucie County is neither sponsoring or participating in the
event.
By signing, I agree to abide by the laws of the State of Florida as they apply to the consumption of a1cohólic
beverages, any applicable St. lucie County ordinances and the conditions of Penn it as set out above.
,..~--- ~P--~
Signature of Applicant
" ~ A.. I'l-. HI £.."Tô"'-'--
t;;; J-urk2-
, I-
Date
~-
Alcoholic Beverage Commission
Insurance Certificate
Date Received
Date Received
I
I
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~JUL-12-Ø2 FRI 138:32 AM SLC LEISURE SERVICES
......,
St. Lucie County parks & ReercldioD Department
Reservation Request! Facility Use Permit
./ I .. .... or .LJ" Date: -
Name of Group La... f"'!pfd ~ f"~"-"''":J ..L- , -
Appll(llnt Name RuJ.~ Te"" f'" .....I-~ Pbone: '77"2 - 'I'.'1-3$:S 7
. Appllant's ¡\ddress .2-"ftO 5........H. 2.,'1'0 ;<;VtJ City 1:...+ A~..a Zip ~~.,r-.1
FlldlityfParkIlequested ~P"'f-/ PAA~.j&q..t- ¡Jau,'/Í'°1fi.me: From .,:~to ;:~r
f (include set up &. tear down)
Dllte(s) requested :'f ....~_ 2..-7 "" ?-<I?......?
Intended Use / ..A"'p A.......j p~;Jrr-'
Aleohil~or~Pti~J
List any special circumstances, services, and I or materials needed
No. oC People Expeded to Attend
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1) The following capacity limits bave been established:
Indrio School House: 116
Walton Community Center: 110
Room at Marvb.la Park: J 30
Facilities are inlended to be used for recreational activities, not commercial ventures, The Parks and Recreation DepartlXlent reserves the righl
to refuse rental for commercial ventures, events exceeding capacity limits or those deemed nol to be adequately supervised. The Departmenl
may require security guard and/or unifonneð officers depending on the event, at the renter's expense, A county employee ("Houseman") wi\!
be present and will be paid for by the renleT.
2) General Liability insurance in the amount of $1 Million per occunenccl$lmillion in the aggregate is required. Non-profit orl!anizations
. i amil on s can arran e for is insurance lhroil ecreation De ent. Insurance rates var'j depending 0.0. the number of
attendees al the event. An insurance certificate must be produced showing Sl Lucie County Board of CounÌy Commissioners as an additional
illSured. Products are included but not medical payments. Conswnption of alcoholic beverages requires additional insurance. If selling alcohol,
aU applicable State permits must be obtained and submitted to the Parks and Recreation Department.
3) All fees, deposits and insurance documentation musl be received no later than 2 weeks in advance of the renta\. Failure to provide anyone
of these will result in cancellation of the rental, No refunds will be given if the Parks and Recreation Department Is not notified 2 weeks in
advance of the scheduled event.
4) Should any visible danger be observed by the Pennittee or brought to hislher attention by those persons using the facilities under Ihis pewt,
said Penninee shall not lIse the facility and shall report the visible danger to the Recrealion Department at 462-1521 betweet,lthe hours of 8:00
AM 10 5:00 Pm Monday through Friday-
5) Please DO NOT go on the fields if they have water on them, or if they Me muddy. At no time will anyone alter, damage or deface the
playing fields, press box, concession stand. restroom or any part of the fac.ilities IInder this permit.
6) Possession of permit is reqUired wbile using facilities or outdoor areas- Failure to supply pemlÍt when requested by Director or h.is designee
may result in removal from area.
7) Facililies or oUldoor aleas mu51 be left in clean and adeqUale condition as determined by Director or his desìgnee, or deposit wì1\ be partially
or fully forfeited.
8) The group or individuals to whom a permit is issued shall be liable for any loss, damage. negligence or injury sustained by other person(s) in
their party-
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Service and Sale of Alcoholic Beverages
A. Serving of Alcoholic Beverages
These provisions apply for any event where alcoholic beverages will be available.
No alcohol may be made available without a valid Certificate of Insurance on file.
1. User must present a General Liability Policy for the date of use which
specifically includes contractual liability and host liquor liability in an
amoUnt not less than one million dollars ($1,000,000) at least five (4) weeks
prior to the event.
B. Sale of Alcoholic Beverages
In the event any user intends to sell alcoholic beverages, they
will be required to meet all State requirements regarding the
sale of alcohol and obtain all required permits. Copies of said
permits shall be filed with the Recreation Division.
C. Rules and Regulations for Users Serving Alcoholic Beverages
1. It is the responsibility of the user that no alcoholic beverage
shall be allowed outside assigned meeting room(s)
auditorium.
2. The user is responsible to ascertain that no alcoholic beverage
shall be served to any person under the age of 21.
3. The user shall be responsible for the behavior of any parties
with the user's group.
4. The user shall be responsible to assure that no alcoholic
beverages are served during the last thirty (30) minutes of
user's scheduled event.
5. The user will be responsible for supplying a Certificate of
Insurance at least four (4) weeks prior to scheduled event (see
insurance provisions).
6. The user will be responsible to comply with Chapter 562,
Florida Statutes.
7. The user must abide by all other operational policies and
procedures of the St. Lucie County Parks & Recreation
Department. Any violation of any ofthese rules can result in
termination ofthe event.
8. The user must pay the cost of security provided by the St.
Lucie County Sheriffs Office. The fee is payable to St.
Lucie County Parks & Recreation Department at the time of
payment for facility use.
AGENDA REQUEST
""""
c- 2. c.
ITEM NO.
DATE: July 23, 2002
CONSENT
[X ]
REGULAR
]
PUBLIC HEARING [ ]
Leg. [ Quasi-JD.
TO:
BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY (DEPT)
SUBJECT:
BACKGROUND:
FUNDS AVAIL:
PREVIOUS ACTION:
RECOMMENDATION:
COMMISSION ACTION:
[Xl
[ ]
APPROVED
OTHER:
County Attorney: ~ t'D.rt'"l
Originating Dept:
Parks and Recreation
Pete Keogh
Authorize the submittal of one grant application to the Florida
Department of State, Division of Cultural Affairs for funds to
improve the Civic Center so that more diverse and improved cultural
events can be held in the facility.
The purpose of the Cultural Facilities Program is to coordinate and
guide the State of Florida's support and funding of renovation,
construction, or acquisition of cultural facilities. The proposed
project must serve the region regarding new or improved programming
and community services. This grant application is due August ?,
2002 and the project will have to be completed between July 1, 2003
to June 30, 2004. The grant request will be for $,000 and requires
a match of in-kind services and cash. The 2:1 match can include
funds expended to improve the project in the last five years and at
least 25% must be cash-on-hand at the time of the grant application.
In 2002-2003, the Central Services has $275,000 allocated for new
air conditioning units and $300,000 scheduled to replace the Civic
Center roof. The grant funds would primarily be used to improve the
acoustical, lighting and stage and dressing room appearance of the
facility to attract more professional acts. By repairing the roof
and a/c, the investment to the interior of the Civic Center will be
protected and should attract more professional and cultural acts.
The $575,000 cash-on-hand match is located in the 2002-2003 Central
Services budget account #316-1931-599330-100.
In last year's budget process the Board approved $575,000 to replace
the roof and a/c and have approved other improvements to the Civic
Center concourse areas, kitchen, restrooms and meeting rooms.
Staff recommends that the Board authorize the submittal of the grant
application to the Florida Department of State, Division Cultural
Affairs for improvements to the Civic Cent r.
DENIED
Coordination/Signatures
Mgt & Budget: îLf) f11/Vi&¡
Public Works:
J?urchasing:
Other:
Finance: (copies only):
.\.,.t
Cultural Facilities Program Grant Match
Location of match fund within five years of the proposed project:
Capital improvements to Civic Center five years. 1998-2003
Central Services
Replace kitchen AlC $9,400.00 1998-1999
Replace lobby Doors $27,900.00 1999-2000
Paint interior $18,875.00 1999-2000
Replace fire alarm system $15,000.00 1999-2000
Remodel meeting rooms band c $25,000.00 2000-2001
Re-tile concourse floor $20,000.00 2000-2001
Remodel Restrooms $28,000.00 2001-2002
Replace Concourse AlC unit $75,000.00 2002-2003 *
Replace Auditorium AIC $200,000.00 2002-2003 *
Replace Auditorium roof $300,000.00 2002-2003 *
* cash-an-hand match $575,000 2002-2003
Parks and Recreation Budget
Stage Extensions $11,000 2000-2001
New forklift $21,000 2000-2001
New cooking range $ 4,950 2000-2001
New wheelchair lift $ 5,160 2000-2001
Stage lighting $ 4,850 2000-2001
Meeting room furniture $ 4,611 2001-2002
Replace fire curtain, asbestos
removal and stage rigging $ 40,000 2001-2002
Dressing room furniture $ 3,000 2001-2002
....",
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TO:
AGENDA REQUEST
'...,I
ITEM NO. C-2 d _
DATE: July 23, 2002
CONSENT [X
REGULAR [
PUBLIC HEARING [ ]
Leg. [ Quasi-JD. [
BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY (DEPT): Parks and Recreation
SUBJECT:
BACKGROUND:
FUNDS AVAIL:
PREVIOUS ACTION:
RECOMMENDATION:
COMMISSION ACTION:
[Xl
[ 1
APPROVED
OTHER:
County Attorney: '~f" OjM
Originating Dept:
Pete Keogh
Authorize the County Administrator to sign the $35,000 grant award
agreement, the Addendum to grant the award and the advance payment
forms from the Florida Department of State, Division of Historical
Resources for an outdoor educational exhibit featuring the Boating
and Fishing Heritage theme.
The Florida Department of State, Division of Historical Resources
provides funds to Florida History Museums for general operating
support and exhibits. This grant will fulfill the State's funding
goal to "to implore museums to utilize tactile interpretation and
other methods in their exhibits and educational programs that will
enable visually impaired visitors to enjoy Florida's rich cultural
heritage." The objectives of the grant fulfills the state's intent
by developing a hands-on exhibit that shows the native trees that
were used in boat building and the products produced. In addition,
the exhibit will focus on the history of boats ranging from the
Native American canoes to modern day. All items and signage
exhibi ted will be able to withstand the elements and be located
adjacent to the new sidewalk that is being built as part of the rock
revetment area on the west side of the Historical Museum. The grant
request will be for $35,000 and requires a match of in-kind services
and cash match. The project will have to be completed between July
1, 2002 to June 30, 2003.
The $ 3 e:,. 0 0 0 cash match will come from the Historical Museum account
#001-7910-599330-700 Project Reserves with in-kind time from staff
and the Historical Commission and Historical Society.
On December 2001, the Board approved the submission of this grant
application and match to the Florida Department of State.
Staff recommends that the Board authorize the County Administrator
to sign the grant award agreements, the Addendum to the grant award,
and the advance payment forms from the Florida Department of State,
Division of Historical Resources for an outdoor exhibit on boating
and fishing.
DENIED
---
Mgt & Budget:
Purchasing:
Public Works:
other:
Finance: (copies only) :
agehmvisualacc.doc
TO:
AGENDA REQUEST
ITEM NwÎ C-2 d _
DATE: July 23, 2002
CONSENT [X
REGULAR [
PUBLIC HEARING [ ]
Leg. [ ] Quasi-JD. [
BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY (DEPT): Parks and Recreation
SUBJECT:
BACKGROUND:
FUNDS AVAIL:
PREVIOUS ACTION:
RECOMMENDATION:
COMMISSION ACTION:
APPROVED
OTHER:
County Attorney: '~~OjM
Originating Dept:
Pete Keogh
Authorize the County Administrator to sign the $35,000 grant award
agreement, the Addendum to grant the award and the advance paÿment
forms from the Florida Department of Scate, Division of Historical
Resources for an outdoor educational exhibit featuring the Boating
and Fishing Heritage theme.
The Florida Department of State, Division of Historical Resources
provides funds to Florida History Museums for general operating
support and exhibits. This grant will fulfill the State's funding
goal to "to implore museums to utilize tactile interpretation and
other methods in their exhibits and educational programs that will
enable visually impaired visitors to enjoy Florida's rich cultural
heritage." The objectives of the grant fulfills the state's intent
by developing a hands-on exhibit that shows the native trees that
were used in boat building and the products produced. In addition,
the exhibit will focus on the history of boats ranging from the
Native American canoes to modern day. All items and signage
exhibited will be able to withstand the elements and be located
adjacent to the new sidewalk that is being built as part of the rock
revetment area on the west side of the Historical Museum. The grant
request will be for $35,000 and requires a match of in-kind services
and cash match. The project will have to be completed between July
1, 2002 to June 30, 2003.
The $30:;,OOOcash match will corne from the Historical Museum account
*001-7910-599330-700 Project Reserves with in-kind time from staff
and the Historical Commission and Historical Society.
On December 2001, the Board approved the submission of this grant
application and match to the Florida Department of State.
Staff recommends that the Board authorize the County Administrator
to sign the grant award agreements, the Addendum to the grant award,
and the advance payment forms from the Florida Department of State,
Division of Historical Resources for an outdoor exhibit on boating
and fishing.
CONCURRENCE:
DENIED
Douglas Anderson
County Administrator
Coordination/Signatures
Mqt & Budget: !-(
I
Purchasing:
Public Works:
Other:
Finance: (copias only) :
agehmvisualace.doc
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Contract Number ì\I4264
Historical Museums Grant Award Agreement
AGREEMENT
This AGREElvfEL,,'T is between the State of Florida, Department of State, Division of
Historical Resources, hereinafter referred to as the Department, and St. Lucie County Board of
County Commissioners, hereinafter referred to as the Grantee, relative to the Reflections of
Florida's Fishing and Boating Heritage Project, and is entered into this day of
,200_ and shall end June 30, 2003.
UNLESS there is a change of address, any notice required by this agreement shall be
delivered to Historical Museums Grants, The Old Capitol, room B-ll, 400 South Monroe Street,
Tallahassee, Florida 32301, for the Department, and to 2300 Virginia Avenue, Fort Pierce,
Florida 34982 for the Grantee. The Grantee must notify the Department in writing by return
receipt mail prior to any change of address. Failure to do so shall constitute a def~u1t pursuant to
paragraph B.2. of this Agreement.
The Department is responsible for the administration of grant-in-aid assistance for historical
museums and historical exhibits under the provisions of Section 267.0619, Florida Statutes.
The Grantee has applied for grant-in-aid assistance for the Project, and
The application has been reviewed and approved in accordance with Chapter 1A-43, Florida
Administrative Code, which regulates Historical Museums Grants-in-Aid.
Subject to the limitations set forth in this Agreement, grants-in-aid funds in the amount of
thirty-five thousand dollars have been reserved for the Project by the Department;
In consideration of the mutual covenants herein, the Department and the Grantee agree as
follows:
1. The Grantee agrees to complete the project, as approved for grant assistance, which
shall include the following authorized project work:
for research, scriptwriting, design, and fabrication of an exhibit about the fishing and boating
industry in Florida; includes audio-visual components as described in the application
incorporated by reference.
HR2E590700
In rc c:: P f!
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JU1.. 1 5 2002
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II. The Department agrees to pay the Grantee for 50% of the Grantee's total cash
expenditures and donated values, so long as the Grantee's cash expenditures equal
or exceed the amount of donated values, up to a maximum payment thirty-five
thousand dollars. If the donated values exceed the amount of cash expenditures,
the Department shall only pay the Grantee for 1 00% of actual cash expenditures
up to a maximum payment of thirty-five thousand dollars. The total amount as
prescribed above shall be made to the Grantee in four quarterly installments. The
first three installments may be made at the end of each quarter for which they are
allotted. The total grant funds transferred to the grantee prior to final completion
of the project work shall not exceed seventy-five percent of the amount reserved
for the project as stated in this agreement. Grantees shall submit a request for
advance payment, using the Request for Advance Payment Form (No.
HR2E560R04-0l, effective 4/01), herein incorporated by reference, with this
signed Grant Award agreement to initiate the grant. Subsequent reports are
required on a quarterly basis and must include the request for advance payment for
the next quarter, a Quarterly Project Progress Report and a Quarterly Expenditure
Report for the quarter just completed. The last installment shall be paid at the end
of the quarter for which allotted upon completion of the project and upon receipt
and verification ofthe Grantee's fourth Quarterly Project Progress Report and
Quarterly Expenditure Report. Final payment for project costs will also be
contingent upon the inspection and approval of the grant assisted work by the
Department. The Department shall confer with the Grantee and its professional
consultants as necessary throughout the course of the Project, to assure
compliance with the objectives, requirements and limitations ofthe state
Historical Museums Grants-in-Aid Program.
In order for any expenditure to qualify for payment, it must be properly
documented, be for work performed during the term of the Agreement, and for a
charge which is reasonable in amount and directly related to and necessary for the
completion of the authorized project work.
When advance payments have been made by the Department, adjustments for
overpayments shall be made quarterly, and upon receipt of the Final Quarterly
Project Progress and Expenditure Report, unless otherwise agreed by the parties.
In addition, in the event that all project work which is the subject ofthis
agreement is not fully completed in both a timely and satisfactory manner, the
Department will demand and receive full reimbursement of all sums which it has
paid Grantee under this agreement.
m. This instrument, and the provisions of Attachment A, embody the whole
Agreement of the parties. There are no provisions, terms, conditions, or
obligations other than those contained therein; and this Agreement shall
supersede all previous communications, representations or agreements, either
verbal or written, between the parties. No amendment shall be effective unless in
writing and properly executed by the parties. Amendments will be
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prepared by the Department, either at its own initiative or upon approval of the
written request of the grantee.
The grantee may not, without formal amendment ofthe grant award agreement,
make changes in the scope of the project which would alter the allowable project
work or services as stipulated in the grant award agreement or make any changes
which might result in a deviation from the intent of the legislation which
authorized the award ofthe grant. In the event of uncertainty, questions should be
referred to the Department for final determination.
IV. The agreement is executed and entered into in the State of Florida, and shall be
construed, performed, and enforced in all respects in accordance with the laws and
rules of the State of Florida. Each party shall perform its obligations hereunder in
accordance with the terms and conditions of this agreement.
If any term or provision of the agreement is found to be illegal and unenforceable,
the remainder of the agreement shall remain in full force and effect and such term
of provision shall be deemed stricken.
V. The grantee agrees that all acts to be performed by it in connection with this
agreement shall be performed in strict conformity with all applicable laws and
regulations ofthe State of Florida.
VI. The grantee will not discriminate against any employee employed in the
performance of this agreement, or against any applicant for employment because
ofrace, creed, color, handicap, national origin, or sex. The Grantee shall insert a
similar provision in all subcontracts for services by this agreement.
VII. The following provisions shall apply for the voluntary and involuntary suspension
or termination of the grant by either the Department or the Grantee:
A. Suspension. Suspension is action taken by the Department which
temporarily withdraws or limits the Grantee's authority to utilize grant
assistance pending corrective action by the Grantee as specified by the
Department or pending a decision by the Department to terminate the
grant.
1. Notification. When the Grantee has materially failed to comply
with the terms and conditions of the grant, the Department will
suspend the grant after giving the Grantee reasonable notice (30
calendar days) and an opportuIÙty to show cause why the grant
should not be suspended. The notice of the suspension will detail
the reasons for the suspension, any corrective action required of the Grantee, and the effective date of the suspension.
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2.
Commitments. No commitments of funds incurred by the Grantee
during the period of suspension will be allowed under the
suspended grant, unless the Department expressly authorizes them
in the notice of suspension or an amendment to it. Necessary and
otherwise allowable costs which the Grantee could not reasonably
avoid during the suspension period will be allowed if they result
from charges properly incurred by the Grantee before the effective
date of the suspension, and not in anticipation of suspension or
termination. Third party contributions applicable to the suspension
period shall not be allowed in satisfaction of matching share
requirements, unless otherwise agreed by the parties.
3.
Adjustments to payments. Appropriate adjustments to the
payments submitted after the effective date of suspension under the
suspended grant will be made by withholding future payments and
not allowing the Grantee credit for disbursements made in payment
of unauthorized costs incurred during the suspension period.
4.
Suspension period. Suspensions will remain in effect until the
Grantee has taken corrective action to the satisfaction of the
Department or given written evidence satisfactory to the
Department that corrective action will be taken, or until the
Department terminates the grant.
B. Termination is the cancellation of grant assistance, in whole or in part,
under a grant or project at any time prior to the date òf completion.
1. Preservation of remedies, No delay or omission to exercise any
right, power or remedy accruing to either party upon breach or
default by either party under this agreement, shall impair any such
right, power or remedy of either party; nor shall such delay or
omission be construed as a waiver of any such breach or default, or
any similar breach or default.
2. Termination for cause. This agreement shall be terminated by the
Department because offailure of the Grantee to fulfill its
obligation under the agreement in a timely or satisfactory manner.
Satisfaction of obligation by the Grantee shall be determined by
the Department. The State shall provide Grantee awritten notice of
default letter. Grantee shall have 15 calendar days to cure the
default. If the default is not cured by Grantee within the stated
period, the Department shall terminate this agreement. Notice
shall be sufficient if it is delivered to the party personally or mailed
to its specified address. In the event of termination of this
agreement, the Grantee will be compensated for any work
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satisfactorily completed prior to notification of termination.
3. Termination for convenience. The Department or the Grantee may
terminate the grant in whole or in part when both parties agree that
the continuation of the Project would not produce beneficial results
commensurate with the further expenditure of funds. The two
parties will agree upon the termination conditions, including the
effective date, and in the case of partial terminations, the portion to
be terminated.
4. Termination by Grantee. The Grantee may unilaterally cancel the
grant at any time prior to the first payment on the grant, although
the Department must be notified in writing. After the initial
payment, the Project may be terminated, modified, or amended by
the Grantee only by mutual agreement of the Grantee and the
Department. Request for termination prior to completionmust
fully explain the reasons for the action and detail the proposed
disposition of the uncompleted work.
5. Commitments. When a grant is terminated, the Grantee will not
incur new obligations for the terminated portion after the effective
date of termination. The Grantee will cancel as many outstanding
obligations as possible. The Department will allow full credit to
the Grantee for the Department's share of the non-cancelable
obligations pJ;operly incurred by the Grantee prior to termination.
Costs incurred after the effective date of the termination will be
disallowed.
Vill. The Grantee agrees to administer the Project in accordance with Attachment A
and Chapter lA-43, Florida Administrative Code, and the following specific
conditions:
A. The grantee shall cause work on the project to be commenced with a
reasonable time not to exceed sixty days after the effective date of the
grant award agreement. The grantee shall prosecute the authorized project
work to completion with reasonable diligence and within the project
period.
B. The grantee will assure that competent and adequate professional
supervision and inspection is provided and ensure that the completed work
conforms to the approved standards and specifications.
C. The Grantee agrees to complete the Project by June 30, 2003 and submit a
Final Project Progress Report and Final Expenditure Report as specified in
the Grant Administrative Requirements, Part B., 1., b., within 30 days of
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completion of project work. No costs incurred prior to the beginning date
are eligible for reimbursement from grant funds. No costs incurred after
the above project work completion date will be eligible for
reimbursement, unless otherwise agreed by the parties.
D. All news releases and promotional materials relating to the project and
exhibit credit panels shall contain acknowledgment of grant assistance,
substantially as follows: "This project (or publication) has been
financed in part with Historical Museums Grants-in-Aid Program
assistance provided by the Bureau of Historical Museums, Division of
Historical Resources, Florida Department of State, Secretary of
State. "
E. The Grantee shall be responsible for all \york performed and all expenses
incurred in connection with the Project. The Grantee understands and
agrees that any work performed or expenses incurred on the Project is
undertaken at the sole risk of the Grantee. Neither the Department nor the
State of Florida shall be financially liable for any expenses incurred in
connection with the Project by the Grantee or its professional consultants,
contractors, or agents.
F. The Grantee shall coordinate consultation between its professional
consultants and appropriate Department staff representatives as necessary
to assure mutual understanding of and agreement on the objectives,
requirements, and limitations of the Project in relation to the state
Historical Museums Grants-in-Aid Program.
G. The Department shall unilaterally cancel this Agreement in the event that
the Grantee refuses to allow public access to all documents or other
materials subject to the provisions of Chapter 119, Florida Statutes, and
made or received by the Grantee in conjunction with this Agreement.
H. The State of Florida's performance and obligation to pay under this
agreement is contingent upon an annual appropriation by the legislature.
In the event that the state funds on which this agreement is dependent are
withdrawn, this agreement is terminated and the State has no further
liability to the Grantee, beyond that already incurred by the termination
date.
1. The Grantee recognizes that the State ofFlorida, by virtue of its
sovereignty, is not required to pay any ta:œs on the services or goods or
equipment purchased as an incident to such service.
J. The Department shall not be liable to pay attomey fees, interest or cost of
collection.
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K.
Bills for services or expenses shall be submitted in detail sufficient for
proper preaudit and postaudit.
IX. Limitations on Grant Assistance. Grant funds cannot in any case exceed the
grantee's actual cash expenditure for authorized project work. The grantee
assumes fiscal responsibility, without recourse to the Department, for all expenses
incurred prior to the effective date or subsequent to the completion date of the
agreement, and for expenses that do not carry out the approved purposes or
activities of the project. All expenses incurred for the project must be supported
by approved contracts, purchase orders, requisitions, bills, or other evidence
which is in sufficient detail to support the expense.
X. Conflict of Interest. The grantee shall comply with the laws of the State of
Florida governing conflict of interest and standards of ethical conduct, including
Chapter 112, Part ill, Florida Statutes. In addition, no grantee, official, employee,
or consultant who is authorized in his or her official capacity to negotiate, make,
accept, approve, or take part in decisions regarding a contract, subcontract, or
other agreement in connection with a grant assisted project shall take part in any
decision relating to such contract, subcontract or other agreement in which he or
she has any [mancial or other interest, or in which his or her spouse, minor child,
or partner, or any organization in which he or she has or is serving as an officer,
director, trustee, partner, or employee or with which he or she has or is negotiating
any arrangement concerning employment has such interest.
XI. When publications, films, or similar materials are developed directly or indirectly
from a program, project, or activity supported by grant funds,'the author is free to
arrange for copyright without approval. However, such materials shall include
acknowledgment of grant assistance. As a condition of grant assistance, the
grantee agrees to, and awards to the State of Florida and to its officers, agents, and
employees acting within the scope of their official duties, a royalty-free,
nonexclusive and irrevocable license throughout the world to publish, translate,
reproduce, and use all subject data or copyrightable material based on such data
covered by the copyright.
The grantee shall not include in the subject data any copyrighted matter without
the written approval of the copyright owner which provides the State of Florida
with the written permission of the copyright owner for the State of Florida to use
the material in the manner provided above.
XII. The Museum of Florida History reserves the right to exhibit at the Museum,
without rental fee, traveling exhibits produced through the Historical Museums
Grants-in-Aid program.
XIII. The Secretary of State of the State of Florida and the State Auditor General, or
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any of their duly authorized representatives, shall have access for the purpose of
financial or programmatic audit and examination to any books, documents,
papers, and records ofthe grantee that are pertinent to the grant at all reasonable
times during a period of five years following completion of the project, or until all
claims or audit findings have been resolved. The grantee shall repay to the
Department immediately any expenses which the certified audit reveals as
unallowable or overpaid.
XN. These grant funds will not be used for lobbying the Legislature, the judicial
branch or for lobbying any state agency. Each grantee, other than a grantee which
is a state agency, shall within six months of the end of the grantee's fiscal year
submit an audit or attestation statement pursuant to Section 216.349, Florida
Statutes.
A. Due to the time necessary for the performance of the audit specified above,
reimbursement of project costs will be made in response to a grantee's
invoice, prior to receipt of the certified audit.
B. The grantee shall repay to the Department immediately any expenses
which the certified audit reveals as unallowable or overpaid.
XV. If advance payment of grant funds is approved, the payment schedule shall be
subject to any special conditions stipulated to by the Office of the Comptroller,
State of Florida.
Surplus funds must be temporarily invested and the interest earned on such
investments shall be returned to the State quarterly. All quarterly interest
revenues under $100 shall be accumulated by Grantee and submitted in a lump
sum payment prior to the issuance of the fourth quarterly grant payment.
XVI. The State shall not assume any liability for the acts, omissions to act or negligence
of the Grantee, its agents, servants or employees; nor shall the Grantee exclude
liability for its own acts, omissions to act or negligence to the State. In addition,
the Grantee hereby agrees to be responsible for any injury or property damage
resulting from any activities conducted by the Grantee.
A. Grantee, other than a grantee which is the State or agency or subdivision
of the State, agrees to indemnify and hold the State harmless from and
against any and all claims or demands for damages resulting from personal
injury, including death or damage to property, arising out of any activities
performed under this agreement and shall investigate all claims at its own
expense.
B. Grantee shall be responsible for all work performed and all expenses
incurred in connection with the Project. The Grantee may subcontract as
necessary to perform the services set forth in this Agreement, including
8
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....,
entering into subcontracts with vendors for services and commodities,
PROVIDED THAT it is understood by the Grantee that the Department
shall not be liable to the subcontractor for any expenses or liabilities
incurred under the subcontract and that the Grantee shall be solely liable to
the subcontractor for all expenses and liabilities incurred under the
subcontract.
XVII. The parties hereto agree that the Grantee, its officers, agents and employees, in
performance of this agreement, shall act in the capacity of an independent
contractor and not as an officer, employee or agent of the State. Grantee is not
entitled to accrue any benefits of state employment, including retirement benefits
and any other rights or privileges connected with employment in the State Career
Service. Grantee agrees to take such steps as may be necessary to ensure that each
subcontractor of Grantee will be deemed to be an independent contractor and will
not be considered or permitted to be an agent, servant, joint venturer, or partner of
the State.
XVIII. Neither party shall assign, sublicense or othenvise transfer its rights, duties or
obligations under this Agreement without the prior written consent of the
Department which consent shall not be unreasonably withheld. If the Department
approves a transfer of the Grantee's obligations, the Grantee remains responsible
for all work performed and all expenses incurred in connection with the
Agreement. In the event the Legislature transfers the rights, duties and
obligations of the Department to another government entity pursuant to Section
20.06, Florida Statutes, or othenvise, the rights, duties and obligations under this
Agreement shall also be transferred to the successor government entity as if it
were an original party to the Agreement.
XIX. This agreement shall bind the successors, assigns and legal representatives of the
Grantee and of any legal entity that succeeds to the obligation of the Florida
Department of State.
9
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IN WITNESS WHEREOF, the Department and the Grantee have read this Agreement
and the Attachments and have affixed their signatures:
DEPARTIvŒNT OF STATE:
JANET S?\YDER MATTHEWS, Ph.D.
Director, Di\Ìsion of Historical Resources
St. Lucie County Board of County Commissioners:
Douglas M. Anderson
St. Lucie County Administrator
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Addendum to Grant Award Agreement Number M4264
CSFA#: 45.017
This Addendum is made to Historical Museums Grant Award Agreement, Grant Number
M4264, by and between the State of Florida, Department of State, Division of Historical
Resources (hereinafter referred to as the Department) and St. Lucie County Board of County
Commissioners (hereinafter referred to as the Grantee) for the purpose of conveying to the
Grantee their responsibilities under Section 215.97 Florida Statutes, titled the Florida Single
Audit Act, effective July 1, 2000.
The Grantee agrees to comply with the Florida Single Audit Act and affirms that in the event the
Grantee expends a total amount of State financial assistance provided to the Grantee to carry out
a State project that is equal to or in excess of $300,000.00 in any fiscal year of the Grantee, the
Grantee must have a State single or project-specific audit for such fiscal year in accordance with
Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and
the Comptroller, and Chapter 10.600, Rules of the Auditor General. In determining the State
awards the Grantee shall consider all sources of the State awards, including StateJunds received
from the Department.
If the Grantee expends less than $300,000.00 in State awards in its fiscal year, an audit
conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required.
The Grantee has read this Addendum to the Grant Award Agreement and has affixed their
signature:
St. Lucie County Board of County Commissioners'
Douglas M. Anderson
St. Lucie County Administrator
\...-
'wi
M4264
Department Of State
Division of Historical Resources
Historical Museums Grants-in-Aid Program
The Old Capitol, Room B-ll, 400 South Monroe Street
Tallahassee, Florida 32301
Cycle 14 FY 2002/03
Request for Advance Grant Payment
ATTN:
St. Lucie County Board of County Commissioners
2300 Virginia Avenue
Fort Pierce, Florida 34982
Ms. Todv Rosier Bonet
TO:
**************************************
Total Contract Amount
Prior Payments
Balance to Date
THIS PAYMENT - Quarter 1
Balance Due
$35,000.00
-0-
535,000.00
$8,750,00
$26,250.00
Authorized Signature of Grantee
Douglas M. Anderson, St. Lucie County Administrator
45017
C
Fund 510002 Category 100125
Enc. # M4264 Pay #
FEID # 596000835 I INV.# 1 M4264
Org EO Obj Code CFI Amount
45200720500 SM 750021 $8,750.00
Description 1st Q. payment
BF Org T BF EO I BF Obj
Inv, Rc'd Goods Insp. N/A
Goods Rc'd N/A Start Date
HP7F~¡;()R()4-() I
'-'
Department Of State
Division of Historical Resources
Historical Museums Grants-in-Aid Program
The Old Capitol, Room B-ll, 400 South MOlioe Street
Tallahassee, Florida 32301
Cycle 14 FY 2002/03
Request for Advance Grant Payment
....,
M4264
St. Lucie County Board of County Commissioners
2300 Virginia Avenue
Fort Pierce, Florida 34982
Ms. lodv Rosier Bonet
TO:
ATIN:
**************************************
Total Contract Amount
Prior Payments
Balance to Date
THIS PAYMENT - Quarter 2
Balance Due
Authorized Signature of Grantee
Douglas M. Anderson, St. Lucie County Administrator
Fund 510002 Category 100125
Ene. # M4264 Pay #
FEID # 596000835 I INV. # 2 M4264
Org EO Obj Code CFI Amount
45200720500 SM 750021 $8,750.00
Description 2" Q. payment
BF Org I BFEO I BF Obj
Inv. Re'd Goods Insp. N/A
Goods Re' d N/A Start Date
HR2E560R04-01
535,000.00
$8,750.00
$26,250.00
58,750,00
517,500.00
45017
C
~
Department Of State
Division of Historical Resources
Historical Museums Grants-in-Aid Program
The Old Capitol, Room B-ll, 400 South Monroe Street
Tallahassee, Florida 32301
Cycle 14 FY 2002/03
Request for Advance Grant Payment
"'wI
M4264
St. Lucie County Board of County Commissioners
2300 Virginia Avenue
Fort Pierce, Florida 34982
Ms, lodv Rosier Bonet
TO:
ATIN:
**************************************
Total Contract Amount
Prior Payments
Balance to Date
THIS P A Y1vŒÌ\rr - Quarter 3
Balance Due
Authorized Signature of Grantee
Douglas M. Anderson, St. Lucie County Administrator
Fund 510002 Category 100125
Ene. # M4264 Pay #
FEID # 596000835 I INV.# 3 M4264
Org EO Obj Code CFI Amount
45200720500 SM 750021 $8,750.00
Description 3' Q. payment
BF Org I BFEO I BF Obj
!nv. Rc'd Goods Insp. N/A
Goods Rc'd N/A Start Date
HR2E560R()..l-Ol
$3;5,000.00
$17,500.00
$17,500.00
$8,750.00
$8,750.00
45017
C
~
..J M4264
Department Of State
Division of Historical Resources
Historical Museums Grants-in-Aid Program
The Old Capitol, Room B-ll, 400 South Momoe Street
Tallahassee, Florida 32301
Cycle 14 FY 2002/03
Request for Advance Grant Payment
ATIN:
St. Lucie County Board of County Commissioners
2300 Virginia Avenue
Fort Pierce, Florida 34982
Ms. lody Rosier Bonet
TO:
**************************************
Total Contract Amount
Prior Payments
Balance to Date
THIS PAYMENT - Quarter 4
Balance Due
$3.5,000.00
$26,250,00
$8,750.00
$8,750.00
$0.00
Authorized Signature of Grantee
Douglas M. Anderson, St. Lucie County Administrator
45017
C
Fund 510002 Category 100125
Ene. # M4264 Pay#
FEID # 596000835 I INV. # 4F M4264
Org EO Obj Code CFI Amount
45200720500 SM 750021 $8,750.00
Description 4t Q. payment
BF Org I BFEO I BF Obj
!nv. Rc'd Goods Insp. N/A
Goods Rc' d N/A Start Date
HR2E560R04-0 1
'-"
..."",
AGENDA REQUEST
ITEM NO. C-3A-
DATE: Julv 23. 2002
REGULAR: ( )
PUBLIC HEARING: ( )
CONSENT: ( X)
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY (DEPT): PUBLIC WORKS· ADMIN
SUBJECT: Staff recommends obtaining a loan of $900,000 to fund the co
8 buildings at the new County Fairground.and permission to
bids.
BACKGROUND: In FY 01/02 the Board funded $1.1million for infrastructure improvements
at the new Fairgrounds. The following reflects contributions to date:
St. Lucie West
Fair Association Land Purchase
St. Lucie County
FY 01/02 Budget
$600,000 (in kind)
$1,033,000
$489,117 (in kind)
$1.1 Million
FUNDS AVAILABLE:
Debt service payments will be budgeted in FY 02/03 in the Fairground
Fund. 316.
PREVIOUS ACTION:
RECOMMENDATION:
Staff recommends that the Board approve applying for a $900,000 loan and
move forward with construction of 8 buildings at the new Fairgroundf and
permission to advertise for bids.
COMMISSION ACTION:
¡J APPROVED 0 DENIED
o OTHER:
Review and Aoorovals
C!ìI County Attorney: ~
C!ìI Originating Dept: (Pub. Wks.)
C!ìI Management and Budget:
UfJ' lfry;;'
/
C!ìI Purchasing:
')
l{é~
o Other:
o Other:
o Finance: Check for copy only, if applicable:
Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County
Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight (48) hours prior
to the meeting.
,.. v-,
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PUBLIC WORKS DEPARTMENT
ADMINISTRATION
MEMORANDUM
"iW,;;.w','joWM""!"'''¡;'''J'i¡,','l
k'/Y"'~'<"',-,-,',-'¿'¡¡""::;¡:I¡I:i'¡'¡¡I:I¡::¡¡::¡¡::¡¡':¡¡'¡¡IV'-""
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1'1'1: 'Im:"::"'~"">!:j~~~:::::::::;;;;;'ii: @'l"i','
i'I¡,'H'i¡1
_O~
TO:
Board of County Commissioners
FROM:
Ray Wazny, Public Works Director
DATE:
July 23, 2002
RE: Fairground Buildings
************************************************************************************************************
In order to facilitate timely construction of required buildings at the new Fairgrounds Staff
is requesting the Board for approval to obtain a loan of $900,000. Staff will budget $90,000
in the Parks and Recreation Department to pay the annual debt service. However, as the
buildings are constructed, naming rights will be sold to offset debt re-payment
requirements. Currently $1 0,000 annually has been committed through the Fair Association
efforts.
The St. Lucie County Board of County Commissioners has previously approved $1.1 million
in budgeted money and $800,000 of in-kind services. St. Lucie West has contributed
$600,000 in fill material. The Fair Association purchased the land with $1.0 million.
RLW/sm
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AGENDA REQUEST
...""
ITEM NO. -.f..:::3!'
DATE: July 23, 2002
TO: BOARD OF COUNTY COMMISSIONERS
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [x]
PRESENTED BY:
,.W~
Donald B. We t, P.E.
County Engineer
SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115
SUBJECT:
Consultant Agreements with Han-Padron Associates, LLP, and Taylor Engineering, Inc., for Port
Engineering Services
BACKGROUND:
On May 21, 2002, the Board approved staff's recommendation to award RFP 02-027 for Port
Engineering Services to Han-Padron Associates, LLP, and Taylor Engineering, Inc., and authorized staff
to negotiate contracts as prepared by the County Attorney. All work authorizations under this contract
will require BOCC approval.
FUNDS AVAIL.: n/a
PREVIOUS ACTION:
2/22/00 - Board granted permission to advertise for proposals from consultants to provide general
engineering services relative to the development of the Port of Ft. Pierce.
4/4/02 - Committee shortlisted Han-Padron Associates, LLP and Taylor Engineering, Inc.
5/9/02 - Oral presentations performed.
5/21/02 - Board approved award of RFP No. 02-027 for Port Engineering Services to Han-Padron
Associates, LLP, and Taylor Engineering, Inc., and authorized staff to negotiate contracts.
RECOMMENDATION:
Staff recommends Board approve the consultant agreements with Han-Padron Associates, LLP, and
Taylor Engineering, Inc., as prepared by the County Attorney, and authorize the Chairman to sign.
~MMISSION ACTION:
[" APPROVED [ ] DENIED
[ ] OTHER:
sAnderson
ty Administrator
[x]County Attorney ·L ~~ . I
[x]Originating Dept. Public Works ~
port contract award ..
Coordination/Signatures
[ JMgt. & Budget
[x]Co. Eng 1t ~ .
í
[ ]Purchasing
[ lather
, .
,
~
~
. .
AGREEMENT BETWEEN COUNTY AND
CONSULTANT FOR PROFESSIONAL SERVICES
FOR
PORT ENGINEERING SERVICES
THIS AGREEMENT, made and entered into this _ day of
~vdy , 2002, by and between ST. LUCIE COUNTY, hereinafter referred
to as the "County" and HAN-PADRON ASSOCIATES, LLP hereinafter referred to
as "Consultant".
WIT N E SSE T H:
WHEREAS, the County proposes to retain the services of a Consultant to
provide general engineering and consulting services as may be authorized by the
County from time to time in conjunction with the implementation of the County's
Port Master Plan and to accomplish those assignments generally described in
Exhibit· A", and,
WHEREAS, the Consultant desires to provide such professional services in
accordance with this Agreement.
NOW THEREFORE, in consideration of the premises and the mutual
benefits which will accrue to the parties hereto in carrying out the terms of this
Agreement, it is mutually understood and agreed as follows:
1. PROFESSIONAL AND TECHNICAL SERVICES. The scoRe of
services to be provided to accomplish the County's objective will be set forth in
individual Work Authorizations for the several programs and projects that are
described in Exhibit· A", or work authorized by the County, or determined by the
County to be in its best interests. The Consultant shull advise the County of any
rejection or suggestion received from any regulatory agency concerning a particular
program or project. The' Consultant shall be willing and capable of challenging any
regulatory agencies requirements or suggestions if it is felt to be in the best
interest of the County. However, this shall be done only after written approval of
the County.
2. DURATION OF AGREEMENT. This Agreement shall remain in full
force and effect until completion of all engineering services, programs, and
projects described in Exhibit . A" unless otherwise terminated by the parties
hereto pursuant to Section 14.
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3. TIME FOR COMPLETION. The time for completion of each project
or program shall be defined in each Work Authorization.
4. COUNTY'S RESPONSIBILITIES. The County shall do the following
in a timely manner so as not to delay the services of the Consultant:
Provide any available information on the proposed projects and
programs. The County's project manager shall be the County Administrator or his
designee. The County Administrator or his designee shall be the Consultant's point
of contact with the County and shall have the authority to act on the County's
behalf concerning the- proposed projects and programs.
5. GENERAL CONSIDERATIONS.
A. All sketches, tracings, drawings, computations, details, design
calculations, and other documents and plans that result from Consultant's services
under this Agreement shall become the property of and shall be delivered to the
County without restriction or limitation as to use. The County agrees that no
additions, deletions, changes or revisions shall be made to such documents unless
Consultant's name and professional seal are removed from such changes or revised
materials. Any reuse of documents prepared by the Consultant without written
verification or adaptation by the Consultant for the specific purpose intended will
be at the sole risk of the County and without liability or legal exposure to
Consultant.
B. The County shall, at no additional expense, be furnished one (1)
set of reproducible copies of any maps and/or drawings prepared by the Consul:ant.
C. The County hereby acknowledges that estimates of probable
construction costs or time for completion cannot be guaranteed.
D. Upon the Consultant's written request, the County will furnish
or cause to be furnished such reports, studies, instruments, documents, and other
information as the Consultant and the County mutually deem necessary.
6. INSURANCE: INDEMNIFICATION. The Consultant shall indemnify
and hold the County harmless from any and all claims, suits, judgments and liability
for death, personal injury, or property damage, including attorneys' fees and costs,
arising directly from the negligent performance of the Agreement by the
Consultant, its subcontractors, employees, or agents to the extent of the insurance
coverage set out below.
.\.
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Without limiting any of the other obligations or liabilities of the Consultant,
the Consultant shall (at its own expense) provide and maintain in force at all times
during the performance of services under this Agreement such insurance, including
Worker's Compensation insurance, Employer's Liability insurance, Comprehensive
General Liability insurance, and assure to County the full protection (without loss of
any kind) contained in the foregoing indemnification undertaken by Consultant. The
Comprehensive General Liability policy shall clearly identify the foregoing
indemnification as insured under this section.
The Consultant shall specifically protect the County by naming the County as
an additional named insured under a Comprehensive General Liability insurance
policy as hereinafter described. The Professional Liability policy or certificate
shall reference this Agreement by endorsement.
A. Professional Liability Insurance with limits of liability no less
than One Million Dollars ($1,000,000.00) per occurrence to assure County the full
indemnification specified in this Agreement. The policy shall require written notice
to the County at least thirty (30) days prior to cancellation or restriction of
coverage. The coverage shall be afforded on a form acceptable to the County. If
such coverage is provided on an occurrence basis, coverage must be afforded until
all services to be performed under this Agreement have been completed and
accepted by the County.
B. Worker's Compensation insurance to apply for all employees in
compliance with the 'Workers' Compensation Law" of the State of Florida and all
applicable federal laws. In addition, the policy(ies) must include:
(1) Employer's Liability with minimum limits of One
Hundred Thousand Dollars ($100,000.00) each accident.
(2) Notice of Cancellation and/or Restriction: the
policy(ies) must be endorsed with requirement that the County must be provided
with at least thirty (30) days written notice of cancellation and/or restriction
before same takes effect.
C. Comprehensive General Liability with minimum limits of One
Million Dollars ($1,000,000.00) per occurrence combined single limit for Bodily
Injury Liability and Property Damage Liability. Coverage must be afforded on a
form no more restrictive than the latest edition of the Comprehensive General
Liability Policy, without restrictive endorsements, as filed by the Insurance
Services Office and must include:
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(1) Premises and/or Operations
(2) Independent Contractors
(3) Explosion, Collapse and Underground Coverages
(4) Broad Form Property Damage
(5) Broad Form Contractual Coverage applicable to this
specific Agreement, including any hold harmless and/or indemnification agreement.
(6) Personal Injury Coverage with minimum limits of
coverage equal to those required for Bodily Injury Liability.
(7) The County is to be specifically included as an
Additional Insured for the liability of the County resulting from operations
performed by or on behalf of the Consultant in performance of this Agreement.
The Consultant's insurance, including that applicable to the County as an Additional
Insured, shall apply to a primary basis and any other insurance maintained by the
County shall be in excess of and shall not contribute with the consultant's insurance.
(8) Notice of Cancellation and/or Restriction: The
policy(ies) must be endorsed with a requirement that County must be provided with
at least thirty (30) days written notice of cancellation and/or restriction before
the same takes effect.
D. Business Automobile Liability with minimum limits of -Five
Hundred Thousand Dollars ($500,000.0) per occurrence combined single limit for
Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on
a form no more restrictive than the latest edition of the business Automobile
Liability Policy, without restrictive endorsements, as filed by the Insurance
Services Offices and must include:
(1) Owned Vehicles
(2) Hires and nonowned vehicles
E. Prior to commencement of services, Consultant shall provide to
the County, Certificates of Insurance evidencing the insurance coverages specified
herein. The required Certificates of Insurance shall not only name the types of
policy(ies) provided, but also shall refer specifically to this Agreement. Consultant
shall also provide to County a certified copy of the professional liability insurance
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4
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coverage required herein. If the initial insurance policy(ies) required by this
Agreement expire prior to the completion of the services, renewal Certificates of
Insurance or policies shall be furnished thirty (30) days prior to the date of their
expiration.
The Consultant acknowledges that the consideration paid includes
compensation for the commitment to indemnify the County and it is solely
responsible for compliance with the terms of this Section.
7. FORCE MAJEURE. Neither party shall be liable to the other for
failure to perform its obligations hereunder if and to the extent that such failure
to perform results from causes beyond its reasonable control (financial difficulty
shall not be considered a cause beyond a party's control), all of which causes herein
are called "Force Majeure", including, but without being limited to, strikes, lockouts,
or other industrial disturbances; fires; unusual climatic conditions; acts of God;
acts of a public enemy; or inability to obtain transportation or necessary materials
in the open market. The party unable to perform as a result of force majeure
promptly shall notify the other of the beginning and ending of each such period, and
the County shall compensate the Consultant at the rates set forth in the Work
Authorizations, for the services performed by the consultant hereunder, up-tO-
date of the beginning of such period. If any period of force majeure continues for
thirty (30) days or more, either party shall have the right to terminate this
Contract upon ten (10) days prior written notice to the other party.
8. LITIGATION SERVICES. It is understood and agreed that the
Consultant's services under this Agreement do not include participation,
whatsoever, in any litigation. Should such services be required, a supplem~ntal
agreement may be negotiated between the County and the Consultant describing
the services desired and providing a basis for compensation to the Consultant.
9. INDEPENDENT CONTRACTOR. The Consultant is an independent
contractor and is not an employee or agent of the County. Nothing in this
Agreement shall be interpreted to establish any relationship other than that of an
independent contractor, between the County and the Consultant, its employees,
agents, subcontractors, or assigns, during or after the performance of this
Agreement.
10. ASSIGNMENT OF AGREEMENT. The County and the Consultant
each binds itself and its successors, legal representatives, and assigns to the other
party to this Agreement and to the partners, successors, legal representatives, and
permitted assigns of such other party, in respect to all covenants of this
Agreement; and, neither the County nor the Consultant will assign or'transfer its
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5
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rights and obligations in this Agreement without the written consent of the other.
Nothing herein shall be construed as creating any personal liability on the part of
any officer or agent of any public body which may be a party hereto.
11. SUBCONSULTANTS AND SUBCONTRACTORS. In the event the
Consultant requires the services of any subconsultant, subcontractor or
professional associate in connection with the services to be provided under this
Agreement, the Consultant shall secure the written approval of the county's Project
Manager before engaging stich subconsultant, subcontractor or professional
associate.
12. COMPENSATION. The Consultant shall be compensated for all
services rendered under this Agreement in accordance with the provisions of each
Work Authorization. The basic compensation and form of compensation shall be
mutually agreed upon by the Consultant and the County prior to the issuance of
each Work Authorization.
13. PROHIBITION AGAINST CONTINGENT FEES. Thè Consultant
warrants that he has not employed or retained any company or person, other than a
bonafide employee working solely for the Consultant, to solicit or secure this
Agreement, and that he has not paid or agreed to pay any persons, company,
corporation, individual or firm. other than a benefit employee working solely for the
Consultant, any fee, commission, percentage, gift, or any other consideration,
contingent upon or resulting from the award of making of this Agreement.
14. TERMINATION. This Agreement may be terminated with or
without cause by either party by thirty (30) days prior written notice. If this
Agreement is terminated, the Consultant shall be paid in accordance with the
provisions of the active Work Authorizations for all work performed up to the date
of termination.
15. RECORDS: ACCESS. The Consultant shall maintain records of all
accounts, invoices for reimbursable expenses, and supporting documentation for any
research or reports, for a period of five years from completing performance of
this Agreement. Such records shall be sufficient to permit a proper pre and post
audit in accordance with general accounting methods. The Consultant shall permit
the County or its designated agent to inspect such records at the location where
they are kept upon reasonable prior notice.
The Consultant shall allow public access to all project documents and
materials in accordance with the provisions of Chapter 191, Florida Statutes.
'\'
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16. NO DISCRIMINATION. The Consultant shall assure that no
person, on the grounds of race, color, creed, national origin, handicap, or sex, be
excluded from participation in, denied the benefits of, or otherwise subjected to
discrimination in any activity under this Agreement. The Consultant shall take all
measures necessary to effectuate these assurances.
17. COMPLIANCE WITH LAWS. The Consultant, 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 County
undertakes no duty to ensure such compliance, but will attempt to advise
Consultant, upon request, as to any such laws of which it has present knowledge.
18. TRUTH-IN-NEGOTIATION CERTIFICATE. Signature of this
Agreement by the Consultant shall act as the execution of a truth-in-negotiation
certificate stating that wage rates and other factual unit costs supporting the
compensation of this Agreement are accurate, complete and current at the time of
contracting. The original contract price and any additions thereto shall be adjusted
to exclude any significant sums by which County determines the contract price was
increased dueto inaccurate, incomplete, or noncurrent wage rates and other factual
unit costs. All such contract adjustments shall be made within one year following
the end of this Agreement.
19. AMENDMENT. This Agreement may be amended only with the
written approval of the parties.
20. WAIVERS. Failures or waivers to enforce any covenant, condition, or
provision of this Agreement by the parties, their successors and assigns shall, not
operate as a discharge or, invalidate, such covenant, condition, or provision~ or
impair the enforcement rights of the parties, their successors and assigns.
21. COMPLETE AGREEMENT. This Agreement states the entire
understanding between the parties and supersedes any written or oral
representations, statements, negotiations, or agreements to the contrary. The
Consultant recognizes that any representations, statements or negotiations made
by the County staff do not suffice to legally bind the County in a contractual
relationship unless they have been reduced in writing, authorized and signed by an
authorized County representative. This Agreement shall bind the parties, their
assigns, and successors in interest.
22. NOTICES. All notices required in this Agreement shall be sent by
certified mail, return receipt requested, and if sent to the County shall be mailed
~: ~
-""
7
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St. Lucie County Administrator
2300 Virginia Avenue
Fort Pierce, Florida 34982
St. Lucie County Attorney
2300 Virginia Avenue
Fort Pierce, Florida 34982
And if sent to the Consultant shall be mailed to:
Han-Padron Associates
5401 West Kennedy Blvd., Suite 700
Tampa, Florida 33609
23. SEVERABILITY. If any portions of this Agreement shall be held
invalid or unenforceable, such invalidity or unenforceability shall not affect any
other provisions hereof, and this Agreement shall be construed and enforced as if
such provisions had not been included.
24. CONFLICT OF INTEREST. The Consultant represents that it
presently has no interest and shall acquire no interest, either direct or indirect,
which would conflict in any manner with the performance of services required
hereunder, as provided for in Florida Statutes 112.311. The Consultant further
represents that no person having any interest shall be employed for said
performance.
The Consultant shall promptly notify the County in writing by
certified mail of all potential conflicts of interest prohibited by existing state law
for any prospective business association, interest or circumstance, the nature of
work that the Consultant may undertake and request an opinion of the County,as to
whether the association, interest or circumstance would, in the opinion of the
County, constitute a conflict of interest if entered into by the Consultant. . The
County agrees to notify the Consultant of its opinion by certified mail within thirty
(30) days of receipt of notification by the COrisultant. If, in the opinion of the
County, the prospective business association, interest or circumstance would not
constitute a conflict of interest by the Consultant, the County shall so state, at
his/her option, enter into said association, interest or circumstance and it shall be
deemed not in conflict of interest with respect to services provided to the County
by the Consultant under the terms of this Agreement.
25. SITUS; VENUE. This Agreement shall be governed by the laws of
the State of Florida. In the event it is necessary for either party to initiate legal
action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit
. in St. Lucie County for claims under state law and the Southern District of Florida
for any claims which are justifiable in federal court.'
-""
8
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. .
. :
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY
BY:
Deputy Clerk
CHAIRMAN
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
COUNTY ATTORNEY
ATTEST: HAN-PADRON ASSOCIATES, LLP
r-- ~
m,L~')~Y:
Title:
.--"
9
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STATEMENT OF WORK
,
PART II
2-1 SCOPE OF WORK
A INTRODUCTION
With this Request For Proposal (RFP), SI. Lucie County is soliciting proposals for
professional engineering selVices related to various Port projects in St. Lucie County.
B. SCOPE OF SERVICES
The exact scope of work under this contract will be determined during the life of
the contract. Individual work projects will be identified and payment schedules will be
negotiated at that time. These work projects may involve one or more of the following:
1. Assist in maritime and port related activities including, but not limited to, providing
professional consulting selVices for engineering, planning, sUlVeying,
architecture, landscape architecture and port management, including operations,
finance, forecasting and market development.
2. Assist in the preparation and approval process of all required permits through the
appropriate local, state and federal agencies.
3. Assist in the preparation and presentation of reports and studies to appropriate
local, state, federal and private agencies and civic and business groups as
requested.
4. Provide engineering cost estimates for marine and port related construction and
operational activities as needed.
5. Prepare marine/port feasibility studies as needed.
6. Provide design and construction management selVices as needed for port
projects including bulkheads, infrastructure, buildings and equipment and other
related improvements.
7. Evaluate proposals and projects submitted by private parties for port related
facilities.
8. Provide environmental assessments, studies, analyses and other related
selVices. .
9. Provide land and marine sUlVeying and testing selVices as needed.
10. Evaluate and design necessary environmental mitigation activities which may be
needed.
11. Provide or secure demolition and physical site security selVices as requested.
12. Assist in the preparation of grant applications and to assist in the approval
process as requested.
13. Evaluate traffic patterns and prepare traffic impact reports as they relate to port
activities. .\
~
EXHIBIT
RFP No. 02-027 .
8
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. '
14.
,-
15.
16.
17.
18.
RFP No. 02-027
"""
Evaluate future utility needs of the port, such as water, sewer, electric, etc., and
make recommendations and prepare related construction plans as required.
Analyze various port activities from a cost/benefits ratio and recommend the most
beneficial activities.
Provide transportation consulting services including mullimodal systems.
Provide planning and development impact assistance, including design and
construction management for adjacent off-site infrastructure improvements.
Provide other engineering job functions as they may be assigned.
---
9
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HAN-P ADRON ASSOCIATES, LLP
Consulting Engineers
TECHNICAL PERSONNEL
BILLING RATE SCHEDULE
January 2002
Classification Hourly Rate Daily Rate
Sr. Partner $225 $1,800
Partner $190 $1,520
Senior Principal Engineer $175 $1,400
Principal Engineer $150 $1,200
Senior Engineer $115 $920
Engineer $90 $720
Designer/Technician $105 $840
CAD Operator $75 $600
P.E.-Diver $125 $1000
Engineer-Diver $110 $880
Technician-Diver $100 $800
Technical Assistant
$75
$600
Word Processor Operator
$65
$520
c:\temp\2002 billing rate schedule,doc
PRODUCER
PROSURANCE BROKERAGE ASSOCIATES, INC.
III Broadway, 14th Floor
New York, NY 10006-1901
(212) 693-1550
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
DATE (MMlDD/VY)
5/29102
ACORD.. CE
IFICA TE OF LIABILITY INSURANCE
INSURED
HAN-PADRON ASSOCIATES, L.L.P.
5401 Kennedy Boulevard, Suite 700
Tampa, FL 33609
INSURER A: VALLEY FORGE INSURANCE COMPANY
LEGION INSURANCE COMPANY
INSURER C: CONTINENTAL CASUALTY COMPANY
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
Irf~ TYPE OF INSURANCE POLICY NUMBER P0l}~Y ~FFJgTlVE
A ,GENERAL LIABILITY
rnOMMERCIAL GENERAL LIABILITY
__m CLAIMS MADE [Xl OCCUR
GEN'L AGGREGATE LIMIT APPLlESPER:!
POLICY prð'-i LOC I
~AUTOMOBILE LIABILITY
A X ANY AUTO
ALL OWNED AUTOS
,
1---' SCHEDULED AUTOS
HIRED AUTOS
INSURER E:
1-31522536
ll/05/01
11105/04
FIRE DAMAGE (Anyone fire)
MED EXP (Anyone person)
PERSONAL & ADV INJURY
GENERAL AGGREGATE
PRODUCTS, COM PlOP AGG
BI-31522567
11/05/01
11/05/02
COMBIN,E, D SINGLE LIMIT I $
(Ea accident) 1,000,000
I BODILY,INJUR~s
j (Per person)
BODILY INJURY
(Per aCCident) I $
NON-OWNED AUTOS
I
I GARAGE LIABILITY
!i ANy' AUTO
¡----1
~ESS LIABILITY
A ~J OCCUR 0 CLAIMS MADE
I
!' L Umbrella Liability
I DEOUCTIBLE
!----, RETENTION $
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
PROPERTY OAMAGE $
(Per accidenf)
! AUTO ONLY - EA ACCIDENT $
OTHER THAN EA ACC $
AUTO ONLY: AGG $
lEACH OCCURRENCE $ 10,000,000
AGGREGATE --l: 10,000,000
I
2049768908 1lI05/0 I ll/05/02 I -Is
r $
IOTH-
ER
$ 100,000
WCI-1941989 10/20/01 10/20/02 $ 100,000
E.L DISEASE - POLICY LIMIT $
51,000,000 per claim & annual aggregate of
AEA 113766463 07/09/00 07/09/03 all claims made during the policy period.
B
i OTHER
I
C I' Engineers ProCessional
Liability
DESCRIPTION OF OPERATIONSlLOCATIONSlVEHICLESlEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
REFERENCED PROJECT: AWARD OF RFP NO. 02-827/ PORT ENGINEERING SERVICES
AS RESPECTS COMMERCIAL GENERAL, AUTOMOBILE & UMBRELLA LIABILITY ONLY, ST. LUCIE COUNTY IS INCLUDED AS AN ADDITIONAL
INSURED.
CERTIFICATE HOLDER
X ADDITIONAL INSURED; INSURER LETTER, A
CANCELLATION
ST. LUCIE COUNTY
ENGINEERING DEPARTMENT
2300 Virginia Avenue
Ft. Pierce, FL 34982
ATTN: Mr. Don West
ill œMA~: IU~ ~m
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
30
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABI ITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
I
ACORD 25-S (7/97)
""
...",
AGREEMENT BETWEEN COUN17' AND
CONSULTANT FOR PROFESSIONAL SERVICES
FOR
PORT ENGINEERING SERVICES
THIS AGREEMENT, made and entered into this day of
, 2002, by and between ST. LUCIE COUN17', hereinafter referred
to as the ·County" and TAYLOR ENGINEERING, INC., hereinafter referred to as
"Consultant".
WIT N E SSE T H:
WHEREAS, the County proposes to retain the services of a Consultant to
provide general engineering and consulting services as may be authorized by the
County from time to time in conjunction with the implementation of the County's
Port Master Plan and to accomplish those assignments generally described in
Exhibit "A", and,
WHEREAS, the Consultant desires to provide such professional services in
accordance with this Agreement.
NOW THEREFORE, in consideration of the premises and the mutual
benefits which will accrue to the parties hereto in carrying out the terms of this
Agreement, it is mutually understood and agreed as follows:
1. PROFESSIONAL AND TECHNICAL SERVICES. The scope, of
services to be provided to accomplish the County's objective will be set forth in
individual Work Authorizations for the several programs and projects that are
described in Exhibit· A", or work authorized by the County, or determined by the
County to be in its best interests. The Consultant shall advise the County of any
rejection or suggestion received from any regulatory agency concerning a particular
program or project. The Consultant shalt be willing and capable of challenging any
regulatory agencies requirements or suggestions if it is felt to be in the best
interest of the County. However, this shall be done only after written approval of
the County.
2. DURATION OF AGREEMENT. This Agreement shall remain in full
force and effect until completion of all engineering services, programs, and
projects described in Exhibit . A" unless otherwise terminated by the parties
hereto pursuant to Section 14.
1
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3. TIME FOR COMPLETION. The time for completion of each project
or program shall be defined in each Work Authorization.
4. COUNTY'S RESPONSIBILITIES. The County shall do the following
in a timely manner so as not to delay the services of the Consultant:
Provide any available information on the proposed projects and
programs. The County's project manager shall be the County Administrator or his
designee. The County Administrator or his designee shall be the Consultant's point
of contact with the County and shall have the authority to act on the County's
behalf concerning the proposed projects and programs.
5. GENERAL CONSIDERATIONS.
A. All sketches, tracings, drawings, computations, details, design
calculations, and other documents and plans that result from Consultant's services
under this Agreement shall become the property of and shall be delivered to the
County without restriction or limitation as to use. The County agrees that no
additions, deletions, changes or revisions shall be made to such documents unless
Consultant's name and professional seal are removed from such changes or revised
materials. Any reuse of documents prepared by the Consultant without written
verification or adaptation by the Consultant for the specific purpose intended will
be at the sole risk of the County and without liability or legal exposure to
Consultant.
B. The County shall, at no additional expense, be furnished one (1)
set of reproducible copies of any maps and/or drawings prepared by the Consultçmt.
C. The County hereby acknowledges that estimates of probable
construction costs or time for completion cannot be guaranteed.
D. Upon the Consultant's written request, the County will furnish
or cause to be furnished such reports, studies, instruments, documents, and other
information as the Consultant and the County mutually deem necessary.
6. INSURANCE; INDEMNIFICATION. The Consultant shall indemnify
and hold the County harmless from any and all claims, suits, judgments and liability
for death, personal injury, or property damage, including attorneys' fees and costs,
arising directly or indirectly from the negligent performance of the Agreement by
the Consultant, its subcontractors, employees, or agents to the extent of the
insurance coverage set out below.
2
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Without limiting any of the other obligations or liabilities of the Consultant,
the Consultant shall (at its own expense) provide and maintain in force at all times
during the performance of services under this Agreement such insurance, including
Worker's Compensation insurance, Employer's Liability insurance, Comprehensive
General Liability insurance, and assure to County the full protection (without loss of
any kind) contained in the foregoing indemnification undertaken by Consultant. The
Comprehensive General Liability policy shall clearly identify the foregoing
indemnification as insured under this section.
The Consultant shall specifically protect the County by naming the County as
an additional named insured under a Comprehensive General Liability insurance
policy as hereinafter described. The Professional Liability policy or certificate
shall reference this Agreement by endorsement.
A. Professional Liability Insurance with limits of liability no less
than One Million Dollars ($1,000,000.00) per occurrence to assure County the full
indemnification specified in this Agreement. The policy shall require written notice
to the County at least thirty (30) days prior to cancellation or restriction of
coverage. The coverage shall be afforded on a form acceptable to the County. If
such coverage is provided on an occurrence basis, coverage must be afforded until
all services to be performed under this Agreement have been completed and
accepted by the County.
B. . Worker's Compensation insurance to apply for all employees in
compliance with the 'Workers' Compensation Law" of the State of Florida and all
applicable federal laws. In addition, the policy(ies) must include:
(1) Employer's Liability with minimum limits of One
Hundred Thousand Dollars ($100,000.00) each accident.
(2) Notice of Cancellation and/or Restriction: the
policy(ies) must be endorsed with requirement that the County must be provided
with at least thirty (30) days written notice of cancellation and/or restriction
before same takes effect.
C. Comprehensive General Liability with minimum limits of One
Million Dollars ($1,000,000.00) per occurrence combined single limit for Bodily
Injury Liability and Property Damage Liability. Coverage must be afforded on a
form no more restrictive than the latest edition of the Comprehensive General
Liability Policy, without restrictive endorsements, as filed by the Insurance
Services Office and must include:
3
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(1)
Premises and/or Operations
(2)
Independent Contractors
(3)
Explosion, Collapse and Underground Coverages
(4)
Broad Form Property Damage
(5) Broad Form Contractual Coverage applicable to this
specific Agreement, including any hold harmless and/or indemnification agreement.
(6) Personal Injury Coverage with minimum limits of
coverage equal to those required for Bodily Injury Liability.
(7) The County is to be specifically included as an
Additional Insured for the liability of the County resulting from operations
performed by or on behalf of the Consultant in performance of this Agreement.
The Consultant's insurance, including that applicable to the County as an Additional
Insured, shall apply to a primary basis and any other insurance maintained by the
County shall be in excess of and shall not contribute with the consultant's insurance.
(8) Notice of Cancellation and/or Restriction: The
policy(ies) must be endorsed with a requirement that County must be provided with
at least thirty (30) days written notice of cancellation and/or restriction before
the same takes effect.
D. Business Automobile Liability with minImum limits of Five
Hundred Thousand Dollars ($500,000.0) per occurrence combined single limit for
Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on
a form no more restrictive than the latest edition of the business Automobile
Liability Policy, without restrictive endorsements, as filed by the Insurance
Services Offices and must include:
(1) Owned Vehicles
(2) Hires and nonowned vehicles
E. Prior to commencement of services, Consultant shall provide to
the County, Certificates of Insurance evidencing the insurance coverages specified
herein. The required Certificates of Insurance shall not only name the types of
policy(ies) provided, but also shall refer specifically to this Agreement. Consultant
shall also provide to County a certified copy of the professional liability insurance
4
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..."
coverage required herein. If the initial insurance policy(ies) required by this
Agreement expire prior to the completion of the services, renewal Certificates of
Insurance or policies shall be furnished thirty (30) days prior to the date of their
expiration.
The Consultant acknowledges that the consideration paid includes
compensation for the commitment to indemnify the County and it is solely
responsible for compliance with the terms of this Section.
7. FORCE MAJEURE. Neither party shall be liable to the other for
failure to perform its obligations hereunder if and to the extent that such failure
to perform results from causes beyond its reasonable control (financial difficulty
shall not be considered a cause beyond a party's control), all of which causes herein
are called "Force Majeure", including, but without being limited to, strikes, lockouts,
or other industrial disturbances; fires; unusual c1imafic conditions; acts of God;
acts of a public enemy; or inability to obtain transportation or necessary materials
in the open market. The party unable to perform as a result of force majeure
promptly shall notify the other of the beginning and ending of each such period, and
the County shall compensate the Consultant at the rates set forth in the Work
Authorizations, for the services performed by the consultant hereunder, up-tO-
date of the beginning of such period. If any period of force majeure continues for
thirty (30) days or more, either party shall have the right to terminate this
Contract upon ten (10) days prior written notice to the other party.
8. LITIGATION SERVICES. It is understood and agreed that the
Consultant's services under this Agreement do not include participation,
whatsoever, in any litigation. Should such services be required, a suppleme¡1tal
agreement may be negotiated between the County and the Consultant des,cribing
the services desired and providing a basis for compensation to the Consultant.
9. INDEPENDENT CONTRACTOR. The Consultant is an independent
contractor and is not an employee or agent of the County. Nothing in this
Agreement shall be interpreted to establish any relationship other than that of an
independent contractor, between the County and the Consultant, its employees,
agents, subcontractors, or assigns, during or after the performance of this
Agreement.
10. ASSIGNMENT OF AGREEMENT. The County and the Consultant
each binds itself and its successors, legal representatives, and assigns to the other
party to this Agreement and to the partners, successors, legal representatives, and
permitted assigns of such other party, in respect to all covenants of this
Agreement; and, neither the County nor the Consultant will assign or transfer its
5
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rights and obligations in this Agreement without the written consent of the other.
Nothing herein shall be construed as creating any personal liability on the part of
any officer or agent of any public body which may be a party hereto.
11. SUBCONSUL T ANTS AND SUBCONTRACTORS. In the event the
Consultant requires the services of any subconsultant, subcontractor or
professional associate in connection with the services to be provided under this
Agreement, the Consultant shall secure the written approval of the county's Project
Manager before engaging such subconsultant, subcontractor or professional
associate.
12. COMPENSATION. The Consultant shall be compensated for all
services rendered under this Agreement in accordance with the provisions of each
Work Authorization. The basic compensation and form of compensation shall be
mutually agreed upon by the Consultant and the County prior to the issuance of
each Work Authorization.
13. PROHIBITION AGAINST CONTINGENT FEES. The Consultant
warrants that he has not employed or retained any company or person, other than a
bonafide employee working solely for the Consultant, to solicit or secure this
Agreement, and that he has not paid or agreed to pay any persons, company,
corporation, individual or firm, other than a benefit employee working solely for the
Consultant, any fee, commission, percentage, gift, or any other consideration,
contingent upon or resulting from the award of making of this Agreement.
14. TERMINATION. This Agreement may be terminated with or
without cause by either party by thirty (30) days prior written notice. If this
Agreement is terminated, the Consultant shall be paid in accordance with the
provisions of the active Work Authorizations for all work performed up to the date
of termination.
15. RECORDS; ACCESS. The Consultant shalt maintain records of all
accounts, invoices for reimbursable expenses, and supporting documentation for any
research or reports, for a period of five years from completing performance of
this Agreement. Such records shall be sufficient to permit a proper pre and post
audit in accordance with general accounting methods. The Consultant shalt permit
the County or its designated agent to insþect such records at the location where
they are kept upon reasonable prior notice.
The Consultant shall allow public access to all project documents and
materials in accordance with the provisions of Chapter 191, Florida Statutes.
6
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16. NO DISCRIMINATION. The Consultant shall assure that no
person, on the grounds of race, color, creed, national origin, handicap, or sex, be
excluded from participation in, denied the benefits of, or otherwise subjected to
discrimination in any activity under this Agreement. The Consultant shall take all
measures necessary to effectuate these assurances.
17. COMPUANCE WITH LAWS. The Consultant, 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 County
undertakes no duty to ensure such compliance, but will attempt to advise
Consultant, upon request, as to any such laws of which it has present knowledge.
18. TRUTH-IN-NEGOTIATION CERTIFICATE. Signature of this
Agreement by the Consultant shall act as the execution of a truth-in-negotiation
certificate stating that wage rates and other factual unit costs supporting the
compensation of this Agreement are accurate, complete and current at the time of
contracting. The original contract price and any additions thereto shall be adjusted
to exclude any significant sums by which County determines the contract price was
increased due to inaccurate,incomplete, or noncurrent wage rates and other factual
unit costs. All such contract adjustments shall be made within one year following
the end of this Agreement.
19. AMENDMENT. This Agreement may be amended only with the
written approval of the parties.
20. WAIVERS. Failures or waivers to enforce any covenant, condition, or
provision of this Agreement by the parties, their successors and assigns shall, not
operate as a discharge or, invalidate, such covenant, condition, or provision, or
impair the enforcement rights of the parties, their successors and assigns.
21. COMPLETE AGREEMENT. This Agreement states the entire
understanding between the parties and supersedes any written or oral
representations, statements, negotiations, or agreements to the contrary. The
Consultant recognizes that any representations, statements or negotiations made
by the County staff do not suffice to legally bind the County in a contractual
relationship unless they have been reduced in writing, authorized and signed by an
authorized County representative. This Agreement shall bind the parties, their
assigns, and successors in interest.
22. NOTICES. All notices required in this Agreement shall be sent by
certified mail, return receipt requested, and if sent to the County shall be mailed
to:
7
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St. Lucie County Administrator
2300 Virginia Avenue
Fort Pierce, Florida 34982
St. Lucie County Attorney
2300 Virginia Avenue
Fort Pierce, Florida 34982
And if sent to the Consultant shall be mailed to:
Taylor Engineering, Inc.
c¡ððc -ge&Cypress Green Drive, Suite 200
Jacksonville, Florida 32256
í2?;r
23. SEVERABILITY. If any portions of this Agreement shall be held
invalid or unenforceable, such invalidity or unenforceability shall not affect any
other provisions hereof, and this Agreement shall be construed and enforced as if
such provisions had not been included.
24. CONFLICT OF INTEREST. The Consultant represents that it
presently has no interest and shall acquire no interest, either direct or indirect,
which would conflict in any manner with the performance of services required
hereunder, as provided for in Florida Statutes 112.311. The Consultant further
represents that no person having any interest shall be employed for said
performance.
The Consultant shall promptly notify the County in writing by
certified mail of all potential conflicts of interest prohibited by existing state law
for any prospective business association, interest or circumstance, the natur~ of
work that the Consultant may undertake and request an opinion of the County as to
whether the association, interest or circumstance would, in the opinion of the
County, constitute a conflict of interest if entered into by the Consultant. The
County agrees to notify the Consultant of its opinion by certified mail within thirty
(30) days of receipt of notification by the Consultant. If, in the opinion of the
County, the prospective business association, interest or circumstance would not
constitute a conflict of interest by the Consultant, the County shall so state, at
his/her option, enter into sa.id association, interest or circumstance and it shall be
deemed not in conflict of interest with respect to services provided to the County
by the Consultant under the terms of this Agreement.
25. SITUS; VENUE. This Agreement shall be governed by the laws of
the State of Florida. In the event it is necessary for either party to initiate legal
action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit
8
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"""'"
in St. Lucie County for claims under state law and the Southern District of Florida
for any claims which are justifiable in federal court.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY
BY:
CHAIRMAN
Deputy Clerk
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
COUNTY ATTORNEY
ATTEsT:
Ý'~F
BY: }
R. Bruce Taylor,
Title: President
9
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STATEMENT OF WORK
..
PART II
2-1 SCOPE OF WORK
A INTRODUCTION
With this Request For Proposal (RFP), 51. Lucie County is soliciting proposals for
professional engineering services related to various Port projects in St. Lucie County.
B. SCOPE OF SERVICES
The exact scope of work under this contract will be determined during the life of
the contract. Individual work projects will be identified and payment schedules will be
negotiated at that time. These work projects may involve one or more of the following:
1. Assist in maritime and port related activities including, but not limited to, providing
professional consulting services for engineering, planning, surveying,
architecture, landscape architecture and port management, including operations,
finance, forecasting and market development.
2. Assist in the preparation and approval process of all required permits through the
appropriate local, state and federal agencies.
3. Assist in the preparation and presentation of reports and studies to appropriate
local, state, federal and private agencies and civic and business groups as
requested.
4. Provide engineering cost estimates for marine and port related construction and
operational activities as needed.
5. Prepare marine/port feasibility studies as needed.
6. Provide design and construction management services as needed for port
projects including bulkheads, infrastructure, buildings and equipment and other
related improvements.
7. Evaluate proposals and projects submitted by private parties for port related
facilities.
8. Provide environmental assessments, studies, analyses and other related
services.
9. Provide land and marine surveying and testing services as needed.
10. Evaluate and design necessary environmental mitigation activities which may be
needed.
11. Provide or secure demolition and physical site security services as requested.
12. Assist in the preparation of grant applications and to assist in the approval
process as requested.
13. Evaluate traffic patterns and prepare traffic impact reports as they relate to port
activities.
EXHIBIT
RFP No. 02-027
8
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14.
Evaluate future utility needs of the port, such as water, sewer, electric, etc., and
make recommendations and prepare related construction plans as required.
,
15. Analyze various port activities from a cosUbenefits ratio and recommend the most
beneficial activities.
16. Provide transportation consulting services including multimodal systems.
17. Provide planning and development impact assistance, including design and
construction management for adjacent off-site infrastructure improvements.
18. Provide other engineering job functions as they may be assigned.
"
RFP No. 02-027
9
'-'
..."J
Schedule of Burdened Hourly Rates and Fees
for
Agreement Between St. Lucie County and Taylor Engineering, Inc. for Professional Services for
Port Engineering Services
The following labor rates for Taylor Engineering, Inc. and its subcontractors are effective for one year
following date of execution of the Agreement. Taylor Engineering will submit a revised rate schedule for
each subsequent year of the Agreement.
L Taylor Engineering, Inc.
Labor Cate20rv
Burdened
Hourlv Rate
R. Bruce Taylor, Ph.D., P.E.
Vice President
Chief Engineer
Director
Senior Professional
Project Professional
Staff Professional
Senior Editor
Senior Technician
Staff Technician
Administrative
$222.00
$119.00
$109.00
$100.00
$90.00
$77.00
$59.00
$73.00
$70.00
$41.00
$62.00
IL Gee & Jenson, A Division ofCH2M Hill
Labor Cateeorv
Burdened
Hourlv Rate
Program Manager
Senior Project Manager
Senior Professional/Project Manager
Professional
Cost Estimator
Staff Professional/Senior Technician
JuaiGr Professional
Graphics Technician
Technician
Junior Technician/Accounting
CADD
Office/Clerical
$180.00
$150.00
$13Ò.00
$110.00
$95.00
$80.00
$70.00
$100.00
$80.00
$60.00
$65.00
$60.00
Other Costs
Rate
Health and Safety Charge (for field labor where Health and Safety
training is reasonable necessary)
$1.95/hour
F:\PRorOSAL\p2002-018 Sl. Lucie County Port Engineering\Fee Schedule.doc
'-'
"-'
III Morgan & Eklund, Inc.
Labor Catee:orv
Burdened
Hourlv Rate
Chief Surveyor
Project Surveyor / Manager
Computer Technician
Three Man Survey Crew
Two Man Survey Crew
Party Chief
Survey Technician
Clerical
$95.00
$55.00
$50.00
$95.00
$75.00
$40.00
$50.00
$45.00
Equipment
Rate
25' Parker Survey Boat
22' privateer Survey Boat
16' Skiff
14' Skiff
16' Custom Airboat
12' Custom Airboat
Trimble 4000 RTK
Trimble 4000 DGPS
Echotrac Depth Sounder
Hydrotrac Depth Sounder
Submersible Tide Gauge
Polaris Ranger Beach Vehicle
Gator Beach Vehicle
Jet Pump
TSS Motion Compensator
$350.00/day
$250.00/day
$ 125.00/day
$75.00/day
$250.00/day
$200.00/day
$450.00/day
$350.00/day
$75.00/day
$75.00/day
$50.00/day
$75.00/day
$65.00/day
$50.00/day
$200.00/day
IV Geotechnical Engineering Services
Labor Catee:orv
Burdened
Hourlv Rate
Principal Engineer
Registered Professional Engineer/Special Inspector
Project Engineer
Staff Engineer
Clerical/Word Processing
Computer Graphics (CADD)
Technician Inspection Services
· Engineering Technician
. Senior Engineering Technician
Threshold or Structural Steel Inspection
$115.00
$95.00
$80.00
$70.00
$40.00
$45.00
$40.00
$50.00
$60.00
Soil Testine:
Rate
Standard or Modified Proctor
$65.00/test
F:\PROPOSAL\p2002-018 St. Lucie County Port EngineeringIFee Schedule.doc
'-'
Field Density Test (nuclear and drive sleeve methods) (3 test minimum)
Limerock Bearing Ratio (LBR)
Florida Bearing Value (FBV)
Sieve Analysis
Sieve Analysis (material finer than No. 200 sieve)
Atterberg Limits
Chemical Analysis (carbonates of calcium and magnesium)
Organic Content
Unconfined Compression Test (Undisturbed) (Maximum stress only)
Unconfined Compression (Remolded)
Unconfined Compression - rock core (Maximum stress only)
Hydrometer Test (includes grain size and specific gravity)
Falling Head Permeability Test
Chemical Analysis (pH, sulfate, chloride and electrical resistivity)
Concrete Testinl!
Concrete Cylinders: sampling, slump test, casting, transporting,
curing and testing (4 per set)
Air Content
Additional Cylinders
Additional Slump Tests
Unit Weight of Concrete
Compressive Strength of Masonry Prisms (set 00)
Mortar Cubes (set 00)
Swiss Hammer & Pachometer Test
· Equipment Usage
· Senior Engineering Technician
Field Coring of Hardened Concrete
· Equipment Usage
· Field Coring
Compression Testing of Field Cores
* Quoted on project-by-project basis.
Asphalt Testinl!
Marshall Stability Tests
Bitumen Content (extraction)
Sieve Analysis of Extracted Aggregate
Field Coring of In-Place Asphalt
. Equipment Usage
. Field Coring
Specific Gravity of Asphalt Cores for Density Determination
* Quoted on project-by-project basis.
Hand or Power AUJ!er BorinflS
0' - 20'
F:\PROPOSALlp2002-0 18 SI. Lucie County Port EngineeringIFee Schedule. doc
...."
$18.00/test
$225.00/test
$20.00/test
$40.00/test
$20.00/test
$85.00/test
$50.00/test
$25.00/test
$35.00/test
$55.00/test
$40.00/test
$ 1 25.00/test
$175.00/test
$150.00/test
$65.00/set
$15.00/test
$15.00/cyl.
$IO.OO/test
$25.00/test
$225.00/set
$45.00/set
$25.00/trip
$50.00/hour
$IOO.OO/trip
*
$25.00{each
$lOO.OO/test
$ 1 25.00/test
$50.00/test
$lOO.OO/trip
*
$35.00/each
$7.50/LF
'-'
....,
Mobilization and demobilization of drilling rig (power augers)
$175.00/each
Standard Penetration Testinl!
0-50'
50' - 75'
75' - 100'
Mobilization and demobilization of drilling rig
$9.50ILF
$11.00ILF
$ 13.50ILF
$1 75.00/each
Supplemental Field Exploration
Casing, up to 4" ill (0' - 50')
Grout seal borings
0' - 50'
50' - 75'
75' - 100'
Rock coring (HQ Barrel)
0' - 50'
Thin-Walled Tube Samples
0' - 50'
$5.50/foot
$3.50/foot
$4.00/foot
$4.50/foot
$26.00/foot
$85.00/each
Installation of Piezometers and Monitorinl! Wells
* Quoted on a project specific basis
Exfiltration Test (SFWMD usual open hole test)
2 or more per site
$300.00/each
$250.00/each
V. Other Direct Costs
Other direct costs incurred in the performance of the port engineering services will be billed at
actual cost. Examples of these are travel and per diem, subcontractor fees, engineering compúter time,
reproduction, and graphics materials.
F:IPROPOSALlp2002-018 St. Lucie County Port EngineeringIFee Schedule.doc
ACORD~
c
.. 'TIFICA TE OF liABILITY INSURANC~~d~ ~:~~o;;2
THIS CERTIFIC4TE IS ISSUI!D AS A MATTER OF INFORMATION
ONL V AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVEMGE AFFORDED BY THE POucles BELOW.
I'IIoDUc:EIl
..
ACRe/HARSH
800 Market St, S~e. 2600
St. ~ouiø MO 63101-2500
Phone:800-338-1391 Fax,B88-621_3173
INSURERS AFFORDING COVERAGE
INSlIIlED
Tay~or Engineering rnç.
9000 Cypress Green Drive
Jacksonville FL 32256-7791
INSURER A, Hartford J:nsuranee CO!1lPan
INSURER 8:
tH9URlill C:
INSURER 0'
_lie,
COVERAGES
TIlE POLICIES OF IkSURANCE LISTED BE\.OW HAVE BEEN ISSUED TO THE INSllRED NAMEO .o.eo~E FOR THE PO~ICI' PERIOD ltIOICATED. NOlWrrHSTANOING
NlY 1lE0utR~Mel'ff. 1£11101 011 CONDITION OF AkY CON_CT <m OTHER OOCUMENT WITH ""SP~CT TO W1ilCH THIS CÐlTlFlCATE fAAI' BE ISSUEo OIl
MAY PERTA..., THE INSURANCE Al'FOIlDED BY 1HE POlICIES OESCMIel) HEREIN IS SU8JECT TO AlL THE TeRMS. ~LUSIQNS ANO CONDITIONS Of' SUCH
POlICIES. AGGReGATE LIMITS SHOWN fAAI' HAVE BEfN REDuCliO BY PAIQ ClAIMS.
~ TYP£ OF INSURANÇE POUCY NUMlIER IlIITÈìIotMlODIl'vï OAT~ L1MfT6
~NERAL LI.UILlT'r EACH OCCURRGNCe , 1000000
A X COMIoIERClAL GENERIU. LI"81UN 84SBXNA6176 n/Ol/Ol 11/01/02 FIRE DAMAGE lA"l'........, $ 300000
'-- _J CLAIMS....oe [RJ OCCUR MEO El<P (My .n,,_) $ 10000
- PERSONAL & AJ:N INJURY S 1000000
GENER.\t."GGREG"n; 12000000
.- S 2000000
GEN'L Þ.GG~-iì~ LIMIT lorY PER: _CTS 'COMPIOP AGG
I PRo·
POLICY X JEcr LOC
~TOIiI08ILE UAOIUTY COMBINED SltIGlE LIMIT , 1000000
A ~ ANY.wTO 84trK\'LP06,:l7 11/01/01 11/01/02 felõJQ;menl)
r- Al.L OWNl:O ~UTOS eoOll. I' INJURY S
SCHEDULEO AUTOS (1'",_)
-
-.!. HIRED AUTOS BODILY INJURY
S
..!. NON·OWNEO AUTOS l"~ aaident)
I-- PROPER1Y O"....GE S
(P,,_,)
GARAGe lIAB1I.1TY "UTO ONI. y. EA ACCID~l'ff S
R ANY -'UTO OTHER TI'AN EA ACe S
"'UTO ONLY; "130 S
EXC£S$ UABlUT'r EACH OCCU'lRENCE $ 1000000
A ~OCCIJR 0 ClAIMS .....oe 84SBXNA6176 11/01/01 11/01/02 "'GGREG"'TE S 1000000
,
H ,D~OUCTI8lE $
RETeNTION S I
WORKEra COMPENSATIoN ANO X I fo"R~'{¡':'Yi9 , ¡"ÈR'-
A EMPLOYERS' LIA8lt.ITY 84WBVGJ6000 11/01/01 1.1./0UO;¡ E.L EACH ",CCIOENT $ 10.0000
E.l. DISEASE. EA EMPLOYEe , 100000
E.L DISUSE - POLICY LIMIT S 500000
OTNER
DEscRIPTION OF 0l'~1lA1l0HSIlOCATIONSNeH1ClE$tél<CLU51ONS AllOEO BY ENIlOR$ÞoIeNT/sPECIAL PflCllllSlON$
ST. LUCIK COUNTY FLORIDA IS INCLOllED AS AtlDI'l'IONAL INSm!Jw AS RBSPBCTS WORIt
PKRPORDD BY' THE NAMED rNSUltBD i'OR PROJBCT: PORT KNGrnERnrG SERVrCIilS
AGRKEJŒNT.
CERTIFICATE HOLDER I N ¡ADIltTloHAlIN5URED; IN!lUUlllUTEA, CANCELLATION
Bounce SNOUI.ll AN't M THe ABDYE ueSCRISED POUCllis BE CANCEl~OllEl'ORE THE g........1lON
OATE THEREOI'. TIlE ISSUING 1N$UIUõR WIl.L ENOEAVOfl TO MAIL ...llL.. IMYS WRfTTEN
BOARD 01' CO'lJlITy COKMrSsJ:ONBR Nonce TO THE CEll'TIFICATE IlOI.IlER NA~D TO TIlE LEFT. 8VT PAlLURE ro DO 80 SHAU
PlnlLIC "OUS DJ:PARTM2RT IMPose NO 06uG.\TlON OR lIAl111UTY 01' ANY (1t O UI'ON THE INSUIlER, rrs AGENTS DR
ST. .t.OCU COON'l'Y FLORJ:DA
2300 V:rJl.GXNrA AVENml: REPRI!IENTATIVU.
PT. PIDCX rL 34982 AIJTtfORlZEO tü.~':' ,i D.... ~"IT1ò1 .lIo.~
I
ACORD 25..$ /97 IOAcdRD CORPORATION 19'8
(7
~
....J.M NO. C-3c
DATE: Julv 23. 2002
AGENDA REQUEST
REGULAR: ( )
PUBLIC HEARING: ( )
CONSENT: (XX)
SUBMITTED BY (DEPT): Public Works Dept./Solid Waste Division
p~.
Leo J. Cordeiro
Solid Waste Manager
TO: BOARD OF COUNTY COMMISSIONERS
SUBJECT:
Staff requests the Board of County Commissioner's approval of Change Order #1 to ERC General
Contracting Services, Inc., $32,360.72, bringing the new contract amount to $538,360.72.
BACKGROUND:
On February 6, 2002 bids were opened for the Landfill Gas Collection System Expansion. The low bidder
was ERC General Contracting Services, Inc., in the amount of $506,000.
FUNDS AVAILABLE:
Funds are available in Account #401-3410-599300-300. After Board approval a Line to Line will be done
moving the funds to Account #401-3410-563000-3604.
PREVIOUS ACTION:
On March 5, 2002, the Board awarded Bid 02-029 Landfill Gas Collection System Expansion to ERC
General Contracting Services, Inc.. in the amount of $506,000.
RECOMMENDATION:
Staff requests the Board of County Commissioner's approval of Change Order #1 to ERC General
Contracting Services, Inc., $32.360.72. bringing the new contract amount to $538,360.72.
K APPROVED
o OTHER:
o DENIED
,\,'
COMMISSION ACTION:
Review and Approvals
4A Il mrvl.... Ie
181 County Attorney: 'll11ç-OJ'VI I8IManagement and Budget: t4t.U ,',f!..Q IlIIPurchasing: L
181 Originating Dept: /Pub. Wks.l ~18I0ther: /Landfilll 0 Other:
o Finance: Check for copy only, if applicable:
CHANGE ORDéR '-
ST. LUCIE COUNTY
PROJECT:
(name, address)
Landfill Gas Collection System Expansion
Glades.Cut-offRoad Landfill
6120 Glades Cut-off Road
Ft. Pierce, FL 34981
TO (Contractor):
ERC General Contracting Services, Inc.
215 Capitol Court
Ocoee, Florida 34761
You are directed to make the following changes in this Contract
(Additional sheet attached as Exhibit A - ~ ~
~
....,
CHANGE ORDER NUMBER:
One (I)
INIT1A TlON DATE:
June 27, 2002
CONSULTANT'S PROJECT NO.: 6277-32468-093
ST. LUCIE COUNTY
CON-mACT NO:
02-029
CON-mACT DATE:
March 29, 2002
The original (Contract Sum) (C¡,¡srsFlleea Melil'l'ltlFFl ~!5Il was........................................................$
Net change by previous authorized Change orders ..........................................................................$
The (Contract Sum) tC¡'¡SFaRteeEl Ms)(iFFltlfl'l Cilit) prior to this Change Order was...........................$
The C.Contract Sum) (Ci:laFElRteeEl MaJlÍFFltlfl'l Celi~) will be 'increased,) (seeresses .r
ElAûR§siiI) by the Change Order..........................................................................................................$
The new (Contract Sum) (Ci:lGFElRtes61 M:¡¡)(i¡;:¡IolFFl Ç'ç¡:-) including this Change Order will be ...........$
The Contract Time will be liFlEl-s¡¡¡saiil) f¡ssr6ce~) (unchanqed) by..................................................
The Date of Final Acceptance as of the date of this Change Order therefore is:
Funds Available:
Account Number 401-3410-563000-3604
506,000.00
0.00
506,000.00
32,360.72
538,360.72
The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time
adjustment due or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the
Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work
contained in the Change order, including costs and delays associated with the interruption of schedules, extended overheads, delay,
and cumulative impacts or ripple effect on all other non-affectred work under this Contract Signing of the Change Order constitutes
full and mutual accord and satisfaction for the adjustment in contract price or time as a result of increases or decreases in costs and
time of perfonnance caused directly and indirectly from the Change Order, subject to the current scope of the entire work as set forth
in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change
Order represents an equitable adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change Order
after it is properly executed. All work performed unde this Change Order shall be performed in accordance with the contract
spedñcations.
Recommended:
Camp Dresser & McKee Inc.
Architect/Engineer
1701 State Road A-I-A, Ste. 301, Vero Beach, FL 32963
By
A,greed 0: . .
ERC General Contractmg ServIces, Inc.
Contractor
215 Capitol Court, Ocoee, Florida 34761
~ç:::;f2&. 1 -, - 0 ~
~HITE - VEND GOLDENROD - FI~:~CE
ApQroved:
Solid Waste Division, Public Works Dept.
St. Lucie County Department
6120 Glades Cut-off Road, Ft. Pierce, FL 34981
Address
By Date
Authõrized:
Sl Lucie County: 2300 Virginia Ave., Ft. Pierce, FL 34982
By
Date
Approved as to Fonn and Correctness
County Attorney
GREEN - PURCHASING PINK - DEPARTMENT
'-'
.....,¡
EXHIBIT A
ITEM DESCRIPTION
St. Lucie County, Florida
Glades Cut-off Road Landfill
Landfill Gas Collection System Expansion
CDM Project No. 6277-32468-093
Change Order No.1
Item No.
1
Description: Vertical Well Extension
.
Purpose:
Extend vertical wells due to increased landfill elevations
Cost:
$15,523.81
2 Description: Miscellaneous Assistance
Purpose: Services to assist County fire protection at landfill
Cost: $3,680.00
3 Description: Spare Parts
Purpose: Bulk purchase at reduced rate and additional County
services/ installation capability
Cost: $15,051.78
4 Description: Access Risers
Purpose: Credit for alternate design/ equipment
Cost: ($1,894.87)
File: 6277-32468-093
rb420S.doc
'-"
....,
CHANGE ORDER COST SUMMARY
St. Lucie County, Florida
Glades Cut-off Road Landfill
Landfill Gas Collection System Expansion
CDM Project No. 6277-32468-093
Change Order No.1
~
Item
Cost/Credit
1
$15,523.81
3,680.00
15,051.78
2
3
4
(1,894.87)
Total Change this e.O. No.1
$32,360.72
This Change Order includes not only all direct costs of contractor such as labor, material, job
overhead, and profit markup, but also includes any costs for modifications or changes in
sequence of work to be performed, delays, rescheduling, disruptions, extended direct overhead
or general overhead, acceleration, material or other escalation which includes wages, and other
impact costs.
File: 6277-32468-093
rb4205.doc
'--'
....,
EXHIBIT A
ITEM DESCRIPTION
St. Lucie County, Florida
Glades Cut-off Road Landfill
Landfill Gas Collection System Expansion
CDM Project No. 6277-32468-093
Change Order No.1
Item No.
1
Description: Vertical Well Extension
,
Purpose:
Extend vertical wells due to increased landfill elevations
Cost:
$15,523.81
2 Description: Miscellaneous Assistance
Purpose: Services to assist County fire protection at landfill
Cost: $3,680.00
3 Description: Spare Parts
Purpose: Bulk purchase at reduced rate and additional County
services/installation capability
Cost: $15,051.78
4 Description: Access Risers
Purpose: Credit for alternate design/ equipment
Cost: ($1,894.87)
File: 6277-32468-093
rb4205.doc
'-"
...""
CHANGE ORDER COST SUMMARY
St. Lucie County, Florida
Glades Cut-off Road Landfill
Landfill Gas Collection System Expansion
CDM Project No. 6277-32468-093
Change Order No. 1
..
Item
Cost/Credit
1
$15,523.81
2
3,680.00
3
15,051.78
4
(1,894.87)
Total Change this CO. No.1
$32,360.72
This Change Order includes not only all direct costs of contractor such as labor, material, job
overhead, and profit markup, but also includes any costs for modifications or changes in
sequence of work to be performed, delays, rescheduling, disruptions, extended direct overhead
or general overhead, acceleration, material or other escalation which includes wages, and other
impact costs.
File: 6277-32468-093
rb4205.doc
'-'
...,J.M NO. C-3d
DATE: Julv 23. 2002
AGENDA REQUEST
SUBMITTED BY (DEPT): Public Works Dept.lSolid Waste Division
REGULAR: ( )
PUBLIC HEARING: ( )
CONSENT: (XX)
p~
Leo J. Cordeiro
Solid Waste Manager
TO: BOARD OF COUNTY COMMISSIONERS
SUBJECT:
Staff requests the Board of County Commissioner's approval of Final Payment to Sierra International
Machinery, Inc., for the purchase and installation of one MacPresse conveyor in the amount of $115,291.
BACKGROUND:
On March 12, 2002, the Board awarded sole source to Sierra International Machinery, Inc., for the purchase
and installation of a MacPress conveyor.
FUNDS AVAilABLE:
Funds are encumbered on Purchase Order #P2212424 in the amount of $115,291.
Funds are available in Account number- 401-3410-564000-300.
PREVIOUS ACTION:
N/A
COMMENDATION:
Staff requests the Board of County Commissioner's approval of Final Payment to Sierra International
Machinery, Inc., for the purchase and installation of one MacPresse conveyor in the amount of $115,291.
COMMISSION ACTION:
.~ APPROVED 0 DENIED
o OTHER:
IllI County Attorney: .~ ø-- lJ-i n
IllI Originating Dept: (Pub. WkS.lltA-
Review and APprovals
Il!lIManagement and Budget: ~
Il!lIOther: (Landfill)
I!IIPurchasing:
þ¡¿
o Other:
o Finance: Check for copy only, if applicable:
\0 . ~.)
S)¡'RRA INTERNATIONAL MACHINE~ INC.
BALER / LOGGERS
PORTABLE OR STATIONARY
SHEAR / BALER / LOGGERS
MACPRESSE BALERS & MRF's
SERVICE & PARTS
1620 EAST BRUNDAGE LANE (93307)
P.O. BOX 1340 BAKERSFIELD
CALIFORNIA · 93302
661-327 -7073 . FAX 661-322-8759
USA 800-343-8503
STATE LICENSE # 770603
SALES INVOICE
'"
INVOICE DATE PAGE# INVOICE #
July 8, 2002 1 5795
SOLD TO SHIP TO
St. Lucie County Solid Waste St. Lucie County Solid Waste
6120 Glades Cut-Off Road 6120 Glades Cut-Off Road
Ft. Pierce, FL 34981 Ft. Pierce, FL 34981
ORDER DATE & NUMBER DELIVERY DATE
2/22/02 - RH031202
FREIGHT FORWARDER METHOD OF PAYMENT
Check
DESCRIPTIO[\;
One MacPresse 1800 PP Conveyor
The goods an·:for services as bined Total Cost Now Due $115,291.00
hereon ;'¡we l..e"" r¡:celvcd in the
qUiJlI:ity and qual.ty stated.
P. O. if INC_
Signed COM_
GROSS WEIGHT NET WEIGHT # PACKAGES
OTHER INSTRUCTIONS INVOICE TOTAL
USA $ 115,291.00
www.sierraintl.com
a Printed on 100% recycled ~aper
AGENDA REQUEST
MM NO. C·3e
DATE: July 23,2002
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [XX ]
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
>~o&l~.~~
( Donald B. est, P.E.
County Engineer
SUBMITTED BY(DEPT): Engineering
SUBJECT:
Approval of Amendment NO.2 to Work Authorization NO.8 to the Agreement for Continuing Professional
Engineering Services with LBFH, Inc. to provide additional engineering services necessary to rebid the
wastewater improvements for the Treasure Cove/Ocean Harbor South MSBU Project.
BACKGROUND:
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 the initial engineering design contract with LBFH to commence
engineering design services for the project. Additional amendments to the contract were approved for
design changes, additional services relative to easement issues, and for construction/management
services during construction of the project.
Due to the timeframe in obtaining the final easements, the construction bids expired. Amendment No.
2 provides for the compensation to LBFH, Inc. for the additional engineering services necessary to rebid
the project. All easements have been obtained and construction is now ready to commence.
S
FUNDS AVAIL.: 390-411A-563005-3801 Treasure Cove/Ocean Harbor S MSBU Caoital Proíects
,
PREVIOUS ACTION:
On March 24, 1998, the Board approved Work Authorization NO.6 with Lindahl, Browning, Ferrari &
Hellstrom, Inc. for engineering design services to provide wastewater improvements to properties within
the Treasure Cove/Ocean Harbor South MSBU.
On October 24,2000, the Board approved Work Authorization No.8 with LBFH, Inc. to provide additional
engineering services and to perform the remaining engineering services approved under Work
Authorization NO.6 (closed out).
, .
'-"
....¡
On October 2, 2001, the Board adopted the preliminary assessment roll and authorize the
engineer to proceed with construction of the project.
On May 28, 2002, the Board approved Amendment NO.1 to Work Authorization NO.8 with
LBFH, Inc. for construction and management services during the construction phase of the
project.
RECOMMENDATION:
Staff recommends approval of Amendment No. 2 to Work Authorization No. 8 to the
Agreement for Continued Professional Engineering Design Services with LBFH, Inc., in the
amount of $3,275.00 for additional engineering services necessary to rebid the project, and
authorize the Chairman to execute the Work Authorization.
COMMISSION ACTION:
CONCURRENCE:
[~, APPROVED [] DENIED
[ ] OTHER:
o M. Anderson
unty Administrator
Coord ination/Sianatures
[X]County Attorney "~t O.f'M
[X]Public Works Dir .I ,íJ
IX ]Finance 61 - IMP> (Jt7 if JI ~
(
[X]Co. Eng
[X]Util Dir.
[X]MSBUCOor~
IX ]OMB: tbJ 1Y/I¥' b;
msbu\tcdunes\ag-eng4, wpd
\ ~
~
'-'
AMENDMENT NO. 2
WORK AUTHORIZATION NO.8
Treasure Cove/Ocean Harbor South MSBU
Design Adjustment and Bidding
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, which was previously amended as Amendment No.1 to Work Authorization
No.8 (COO-03-234), dated May 28, 2002, Engineer hereby agrees to provide professional
Design Adjustment and Bidding Services under the terms and conditions set forth in Exhibit
. AU, attached hereto and made a part of this Amendment No.2 to Work Authorization No.
8. Except as amended herein, the remaining terms and conditions of Work Authorization No.
8, as amended, shall remain in full force and effect.
\;
IN WITNESS WHEREOF, the County and the Engineer have executed this Work
Authorization Amendment No.2, effective this_ day of , 2002.
ATTEsT:
ST. LUCIE COUNTY, FLORIDA
By:
DEPUTY CLERK
COUNTY ADMINISTRATOR
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
COUNTY ATTORNEY
~:H. I~~
Print Name: &6 ì7 II. E::clc l &/2
Title: V/¿e P/2i55fo~-~,./r
g: \atty\agreem nt\work.aut \Ibfh TCOHSMSBUCAS2a.wpd
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Exhibit A
Scope of Services
Treasure Cove / Ocean Harbor South MSBU
Design Adjustment and Bidding
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
design services needed because of utility easement issues:
Phase 20 - Adjust Desil!ll Based on Utility Easement Locations
1. Adjust the gravity sewer alignment to be within the mOT right-of-way
due to an easement not being obtained from an adjacent property owner.
Add sewer manholes based on new main alignment.
2. Revise the construction plans accordingly to reflect actual easement
locations.
3. Revise specific utility design quantities and engineering estimate of
probable construction costs.
Phase 35 - Revise Contract Documents for Biddinl!
1. Revise administrative documents (front end documents) to reflect new
bidding requirements, including bid schedule, as a result of utility
easement issues.
2. Working with SLC Purchasing, convert the project manual to PDF
format in preparation for bidding.
3. Working with SLC Purchasing, convert the construction drawings to
PTL format in preparation for biddng.
4. Revise bid schedule for inclusion in the Project Manual.
5. Prepare and supply up to 12 sets of bid plans and documents to SLC
Purchasing.
\\pc\projects\96-075] \Re-Design and Bidding AFS.doc
Treasure Cove I Ocean Harbor South MSB U
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Phase 62 - Bidding Coordination
1. Prepare for and attend the Mandatory Pre-Bid meeting.
2. Review bid packages for completeness.
3. Prepare a bid summary and bid tabulation for County to review.
4. Check contractor references and prepare a letter of recommendation for
County.
SECTION 2 - DELIVERABLES
ENGINEER will provide the following Deliverables to County:
1. Twelve (12) copies of revised construction plans and specifications for
bidding.
SECTION 3 - TIME OF PERFORMANCE
Execution of this Authorization shall constitute Notice to Proceed (NTP).
ENGINEER and County agree to the following completion schedule:
Phase
Description
Duration (Days) *
20
35
62
Adjust Design based on Utility Easement Location
Revise Contract Documents
Bidding Coordination
14
14
30
*
The above-identified duration will commence upon the receipt of written or
verbal acceptance of Conceptual Design.
SECTION 4 - METHOD OF COMPENSATION
County will compensate ENGINEER for professional services under this
Authorization in accordance with the following pay schedule:
Payment
Phase Description Method Compensation
20
Adjust Design based on Easement Locations
LS
$725
35
Revise Contract Documents
$1,100
LS $1,450
LS
62 Bidding Coordination
\\pc\projeClS\%-0751 \Re-Design and Bidding AFS.doc
Treasure Cove I Ocean Harbor South MSBU
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SECTION 5 - OWNER'S RESPONSIBILITIES
1. OWNER hereby designates Rebecca Padrick as County's representative.
SECTION 6 - OTHER PROVISIONS
1. Payment for drawing reproduction beyond tweIve (12) sets shall be
paid at time and expense rates.
2. Any conflict between the terms and conditions of this work
authorization and the terms and conditions of the "Agreement"
should be resolved in favor of the Agreement.
\\pc\projeclS\96.Q751\Re-Design and Bidding AFS.doc
Treasure Cove I Ocean Harbor South MSBU
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AGENDA REQUEST
V
ITEM NO. C-3f
DATE: July 23,2002
REVISED
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [x]
PRESENTED BY:
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115
Donald B. West, P.E.
County Engineer
SUBJECT:
Work Authorization No.6 to the Contract for Roadway and Intersection Design with LBF&H, Inc. - Midway Road
and Glades Cutoff Road Intersection Improvement Redesign Modifications
BACKGROUND
Due to current and anticipated growth in and near the Midway Road and Glades Cutoff Road Intersection,
improvements are needed to accommodate and plan for the future traffic demands.
The attached work authorization (Contract COO-1 0-1 07) with LBF&H, in the amount of $279,025, updates the
previous ultimate roadway section by adding additional turn lanes. The result of the added lanes is the shift of the
southern most curb and gutter, and signal poles further to the south. This work authorization also includes new
limits of 1.7 miles of roadway, surveying services, environmental assessment services, and permitting.
Previous purchase orders will be closed out and funds will remain in the Midway Road and Glades Cutoff Road
project.
FUNDS AVAIL.:
Survey
Engineering
Reimbursable
_$ 24,500 - 101002-4112-563003-410045 Transportation Trust/Constitutional
-$237,800 - 101002-4112-563005-410045 Transportation Trust/Constitutional
_$ 16,725 - 101002-4112-563021-410045 Transportation Trust/Constitutional
PREVIOUS ACTION:
October 10, 1995 - Board approved original contract.
November 25, 1997 - Board approved master contract with LBF&H.
March 14, 2000 - Board approved Work Authorization No. 13 (C-97-11-187) Midway Glades Intersection
Improvements for engineering and surveying - $77,585.00.
RECOMMENDATION:
Staff recommends Board approve Work Authorization NO.6 in the amount of $279,025 with LBFH , Inc., for
Midway Road and Glades Cutoff Road Intersection Improvements, and signature the Chairman.
COMMISSION ACTION:
~. APPROVED
[ ] OTHER:
[ ] DENIED
Coord ¡nation/S III natures
[x]Mgt. & Budget
[x]Co. Eng
[x]Revenue Coord._
[x]County Attorney
[x]Originating Dept. Public Works
midway glades.ag
(]Other
-
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WORK AUTHORIZATION NO.6
ENGINEERING SERVICES
Related to Roadway and Intersection Design
COO-1 0-1 07
for
Midway Road and Glades Cutoff Road Intersection
Pursuant to that certain Agreement between County and Engineer for
Engineering Services (the "Agreement") between St. Lucie County (the "County") and
LBFH, Inc. (the "Engineer") dated October 1, 2000, the Engineer agrees to provide the
Scope of Services described in Exhibit "A" for the Compensation described in Exhibit
"B," All services provided under this Work Authorization shall be completed according
to the schedule described in Exhibit "C."
IN WITNESS WHEREOF, the County has hereunto subscribed and the Engineer
has affixes his, its, or their names, or name, on the dates below.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
DATE:
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
WITNESS:
ENGINEER:
LBFH, INC.
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BY: dcU. (),&
John E. Donahue, P.E., Vice President
l~. .______
Date: Julv 16, 2002
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EXHIBIT A
MIDWAY ROAD and GLADES CUTOFF ROAD
INTERSECTION IMPROVEMENTS
(June 2002 Expansion and Revision of 65 % Plans)
I. PURPOSE
The COUNTY desires to supplement the ENGINEER's original Scope of Services
(previously approved on October 10, 1995, and modified Mareh 22, 1999) for the
purpose of expanding the project limits and the typical roadway section shown on the
ENGINEER's 65% completed plans for the intersection improvements at Midway and
Glades Cutotf Roads.
II SCOPE OF ADDITIONAL SERVICES
Generally, the original intersection improvements design consisted of the widening of the
existing intersection pavement for approximately 1,000 feet in all four directions to create
left-turn, straight, and right-turn movements on each leg of the intersection, With the
exception of the two stonn water ponds and the ultimate pavement along the Rinker
property, all improvements were to lie within the existing rights-of-way (RfW's).
The proposed expanded limits for the intersection improvements are to lie entirely within
the COUNTY or NSLRWCD Canal 103 R!W's, with lane designations as follows:
A. Midway Road WEST of Glades Cutoff Road to the 4-lane 1-95 service roadway
under the 1-95 bridge:
2 Westbound through lanes connecting to the existing 4-lane section under 1-95.
2 Eastbound to Northbound left turn lanes.
I Eastbound through lane.
I Eastbound shared through/right turn lane,
B. Midway Road EAST of Glades Cutoff Road to the 2-lane bridge over Turnpike:
1 Westbound shared through/right turn lane.
I Westbound through lane.
2 Westbound to Southbound left turn lanes (I now and 1 reserved for future).
2 Eastbound through lanes.
C. Glades Cutoff Road NORTH of Midway Road to 1,800 ' ± north of Midway
Road & within Glades Cutoff Road RIW.
1 Southbound from northern limits of work to a Westbound right turn lane.
1 Southbound through lane.
1 Southbound to Eastbound left turn lane.
2 Northbound through lanes, with transition to 1 lane at northern limits of work.
D. Glades Cutoff Road SOUTH of Midway Road:
1 Southbound thru lane.
1 Northbound to Westbound left turn lane.
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I Northbound through lane.
I Northbound to Eastbound right turn lane.
The ENGINEER shall include additional design criteria as follows:
· Midway Road EAST of Glades Cutoff Road to the 2-lane bridge over Turnpike:
The design for Midway Road east of Glades Cutoff Road shall include thc
intersection improvements at Torino Parkway for an Eastbound to Southbound drop
right at Torino Parkway, and Westbound to Southbound left turn lane onto Torino
Parkway. The connection to the existing 2-lane pavement is anticipated to be just
west of the Florida Turnpike along Midway Road.
· Glades Cutoff Road NORTH of Midway Road to the Turnpike bridge over 2-
lane Glades Cutoff Road:
The expanded linúts along Glades Cutoff Road north of Midway Road shall include
the longest transition possible that keeps all construction within the Glades Cutoff
Road R1W, with no encroachment into the FECRR R1W. The Northbound outside
lane shall transition to match the existing 2-lane Glades Cutoff Road in the vicinity of
the old rail spur crossing to the Tropicana property, which is approximately 1,800'
north of Midway Road.
· Midway Road EAST and WEST of Glades Cutoff Road:
As requested by the COUNTY, the proposed expanded roadway design will hold the
existing north RIW line along Midway Road and any additional right-of-way or
easements needed shall be acquired from Canal 103 along the south. Preliminary
discussions with the staff of the North St. Lucie River Water Control District
(NSLRWCD) indicate that this is one of the canals that the District is quit claiming
the RIW to the COUNTY (see attached July 15, 2002 letter from District Engineer,
Stuart McGahee, P.E., concerning this matter). If this is correct, then portions of
Canal 103 could be piped or relocated to accommodate the proposed expanded
roadway without obtaining permits or approvals. The ENGINEER shall confirm this
as a part of this proposal. Also, it is the ENGINEER's understanding that the
COUNTY desires a sidewalk on the north side of Midway Road. The limits of the
sidewalk and the feasibility of incorporating this will be discussed and determined
with the COUNTY prior to finalizing the final roadway alignment.
· The new limits of work for the expanded roadway design shall include updated RIW
and topographic surveys, environmental assessments, and geotechnical soils reports
for the areas outlined in Sections A-D above, plus preparing RIW and topographic
surveys, and an environmental assessment, for approximately one núle of Glades
Cutoff Road east of the Turnpike bridge over Glades Cutoff Road.
. The work shall include additional field inspection, utility coordination, surveying,
design and permitting services necessary to revise the existing 65% completed plans
to delete the west basin stormwater detention pond and connect the west basin
drainage into the adjacent LTC Ranch system.
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· Also included is the revision and re-submittal of the project's South Florida Water
Management District (SFWMD) Environmental Resource Permit (ERP) application,
and the modification of the existing ERP's for the LTC Ranch, the City of Port St.
Lucie (PSL) ERP for Section 47. This work shall also include the addition to the
project ERP of the new dramage areas outlined in Sections A, B, and C, above.
. Also, the ENGINEER shall evaluate three drainage alternates to accommodate the
future widening and extension of Glades Cutoff Road from its limits described in
Section C above, to the entrance into the County's landfill site. This shall include an
ultimate 2 lanes southbound, and a 2 tanes northbound with the inside drop left turn
into the Landfill entrance. These lanes shall transition into the existing 2-lane
roadway in the vicinity of the Turnpike Bridge over Glades Cutoff Road.
The work shall be completed in specific tasks as Collows:
Task 1: SURVEYING SERVICES (Ph. 10)
The ENGINEER shall perform a walk-through and a limited topographic survey within
the original project limits to locate any miscellaneous improvements that have been
added or changed since the original 1995 survey and the previous 1999 update survey.
Additionally, the ENGINEER shall prepare a separate RIW and topographic survey of
Glades Cutoff Road for approximately one mile east of the Turnpike Bridge over Glades
Cutoff Road, and a topographic survey of the additional roadway resulting from the
expansion and widening as outlined in Sections A-D above. This would include a route
survey of the RIW's, with cross-sections at 100' stationing, and the locations of Canal
103, as needed, to relocate the canal within the existing RIW. The ENGINEER shall
provide copies of the revised 65% plans and additional roadway, with the conceptual
expansion limits included, to the various utility companies for confirmation of existing
utilities within the limits of construction, including coordination with utilities owners to
field verify the location of underground utilities. Also, the ENGINEER shall provide
control for the geotechnical exploration of the existing conditions. Additionally, the
ENGINEER shall work with the NSLRWCD and the COUNTY in resolving the
discrepancy that exists between the RIW for Midway Road and the NSLRWCD Canal
103 RIW. This work will include the search and review of title documents, and the quit
claiming of the Canal 103 RfW to the COUNTY.
Task 2: ENVIRONMENTAL ASSESSMENT OF RIW (Ph. 05)
The ENGINEER shall provide the following environmental services for the design and
permitting of the RfW of Glades Cutoff Road for approximately one mile east of the
Turnpike Bridge over Glades Cutoff Road, and an update of the previously assessed areas
associated with the roadway expansion and widening as outlined in Sections A-D above:
a. Acquire background materials including, but not limited to, soil maps, aerial
photography and USGS quadrangle maps.
b. Conduct a site investigation to rlescribe and map the existing conditions along the
road right-of-way, ¡C,ld examine, in detail, the vegetative composition, soil
characteristics and hydrologic evidence within those areas meeting State and Federal
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criteria for wetlands or "other surface waters." Evaluations will be made at
approximately 10 representative locations along the highway.
c. Coordinate with the SFWMD to verify conditions along the site by providing
background materials, preliminary maps and wetland delineation data sheets.
Conduct a site visit to confirm presence and conditions of wetlands.
d. Provide a written report describing the wetland (or surface water) locations,
composition, hydrologic characteristics and any related natural resource
considerations. This report will be submitted with permit application materials for an
Environment Resource Permit to the SFWMD.
e. Prepare application materials to obtain any necessary u.s. Army Corps of Engineers
permits required for the project.
f. Provide responses to comments or Request for Additional Information from the
regulatory and jurisdictional agencies.
g, Update of Contamination Assessment (copy attached): The ENGINEER submitted in
May 1996, and updated February 2001, a Contamination Assessment Report that
identified the potential effects of the petroleum contamination on the implementation
of the project. To proceed with the redesign, it is necessary to update the current
status of the contamination plume to determine any migration of thc plume's
boundary towards the work area.
Phase I: To accomplish this, the ENGINEER will collect and analyze groundwater
samples from five (5) existing monitor wells located outside the contamination area.
If the existing wells show no movement, then the work can proceed as outlined in the
previous report.
Phase II: If the groundwater analysis shows the presence of contamination, the
ENGINEER proposes to install five (5) additional wells to determine the extent of the
current contamination. A brief and comprehensive report which overviews the
sampling activities, transmit the results of the laboratory analysis, evaluates the data
and provides an update of the potential construction concerns, will be prepared for
Phase I and/or Phase II.
Task 3: GEOTECHNICAL ENGINEERING SERVICES (Ph. 06)
The ENGINEER shall provide geotechnical evaluations and reports as required to design
the proposed expanded roadway alignment as outlined in Sections A-D, above. These
services shall include auger borings, Standard Penetration Test (SPT) borings, exfiltration
tests, pavement cores, laboratory tests and engineering analyses. Our proposed services
are as follows and as itemized on the attached tabulation:
a. SFWMD exfiltration tests shall be performed at designated intervals to aid us with
our design of the pavement section and the surface water management system that
will serve the project.
b. Pavement Cores shall be performed at selected intervals along the existing asphalt
roadway to determine the characteristics of the existing pavement sections.
c. At the conclusion ·Jf our fieldwork, soil samples obtained from our explorations and
tests will be returned to the testing laboratory for analyses. The laboratory tests shall
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include grain size analyses (sieves), and moisture content, organic content, Atterberg
limits and Limerock Bearing Ratio (LBR) tests. These tests are required to
determine the acceptability of the existing roadway and shoulder material for the
construction of the proposed roadway section.
d. A geotechnical engineering report will be prepared at the conclusion of our field
exploration and laboratory testing tasks. The report will describe our explorations
and tests, and will present recommendations for site preparation procedures, and
foundation and pavement design.
e. In order to determine the general subsurface soil conditions below the proposed
corridor, the ENEINEER shall perform auger borings to depths of five (5) feet
below the land surface at intervals of approximately 100 feet. A Standard
Penetration Test (SPT) boring to a depth of 10 feet shall be substituted for every fifth
auger boring. The borings will be performed on alternating sides of the roadway
within the proposed travel lanes. .
f. Signalization Mast-Arms: There are five (5) mast-arms proposed for this project as
shown on the attached sketch. Location #1 was designed to originally be rclocated
during the ultimate pavement construction and, therefore, will need to be relocated
as a part of this work. The remaining four locations were designed to be outside the
limits of all pavement construction. However, based on this requested expansion, it
will be necessary to relocate #2 and #3. It appears that #4 and #5 can remain. SPT
borings to depths of 35 feet below the land surface shall be performed at the two
proposed relocated mast-arm signal locations. Prior to performing the explorations,
we will coordinate with various utility agencies to determine the location of buried
utility lines that may interfere with our fieldwork.
g. Maintenance of Traffic during all testing is included in this task.
Task 4: FINAL DESIGN AND CONSTRUCTIN PLANS (Ph, 20)
The ENGINEER shall incorporate all of the updated and new surveys (including the
resolution of the NSLRWCD Canal 103 abandonment), topographic and utilities
information into the major redesign of the 65% completed construction plans, and the
proposed roadway expansion as outlined in Sections A-D above, and shall include the
following items:
a. Major redesign of the west basin drainage system plan and associated details.
b. Revised typical sections of expanded roadway.
c. Plan/profile and cross-section sheets, including piped or relocated Canal 103.
d. Signalization and mast-arm redesign.
e. Signing and pavement marking plan.
f. Summary of estimated quantities, using FDOT bid item index numbering.
g. Technical specifications, in accordance with FDOT Section 300.
The ENGINEER shall provide 30%, 60%, and 90% plans to the COUNTY for . their
review and written approval.
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Task 5: PERMITTING (Ph. 40)
Based on the final redesign of the drainage system for the west basin and the new flood
routing for the expanded roadway section, the ENGINEER shall revise and resubmit to
SFWMD an application for an Environmental Resource Permit (ERP) for the Intersection
Project as described in Sections A-D above. The ENGINEER shall redesign the west
basin to drain into and to be a part of the already permitted drainage system for the LTC
Ranch project at the SW comer of the intersection. Also included will be the permit
modification of the ERP for the existing LTC Ranch. Additionally, the ENGINEER shall
incorporate the drainage revisions to the east stormwater detention pond as requested by
the City of Port St Lucie Public Works Department, as outlined in the attached letter
from Laney Southerly, date 1I-08-ûO. The ENGINEER shall modify the existing
SFWMD permit for Section 47 of the PSL plat as impacted by the construction of the east
pond. Also, the ENGINEER shall evaluate three drainage alternates to accommodate the
future widening and extension of Glades Cutoff Road from its·lìmits described in Section
C above, to the entrance into the County's landfill site. This shall include an ultimate 2
lanes southbound, and 2 lanes northbound with the inside drop left turn into the Landfill
entrance. These lanes shall transition into the existing 2-lane roadway in the vicinity of
the Turnpike Bridge over Glades Cutoff Road. The three alternates are as follows:
· If site conditions allow, the ENGINEER shall design and permit a roadside
water treatment system for that new portion of expanded Glades Cutoff Road
from the Tropicana entrance to the Turnpike Bridge over Glades Cutoff Road.
· Contact Tropicana (the adjacent property owner) to detennine if the drainage
from this portion of roadway could be incorporated into the drainage system,
and modify their ERP.
· Extend the storm sewer system from the west basin of the intersection work to
include this portion of roadway.
Based on results of the evaluation, the ENGINEER and the COUNTY shall detennine
which alternate will be selected.
Task 6: TEAM MEETINGS (ph 50)
The ENGINEER shall schedule and attend team meetings with the COUNTY and the
design team, as needed, during the limits of the project These meetings shall include the
staff and representatives of the various pennitting and regulatory agencies having
jurisdiction over the project, or private landowners or developments that are or will effect
the deign and construction of the proposed roadway improvements.
Deliverables:
Task 1
The ENGINEER will provide the COUNTY the following at the completion of these tasks:
Shown on Engineering Base Map and to be incorporated into Task 4 with revised
R!W map. A separate R!W shall be prepared for that portion of Glades Cutoff
Road east of the Florida Turnpike Bridge.
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Task 2
Copy of Environmental Report and updated "Environmental Assessment of
Pctroleum Contamination Upon Midway Road-Glades Cutoff Road Intersection
Improvements" report, and shown on Engineering Base Map and incorporated
into Tasks 4 and 5.
Task 3
Copy of Soils Report and Shown on Engineering Base Map on Task 4.
Task 4
Construction Plans: Four (4) sets of signed and sealed prints of the construction
plans and estimated quantities and four (4) sets of Tcchnical Specifications
(manuscript form in Word Perfect format); one (1) set of Mylars, and an
elcctronic file of construction plans on disk (AutoCAD format).
Task 5
Permitting: One (I) copy of submitted application documents and RFI responses.
Task 6
As required,
SPECIAL PROVISIONS
L The ENGINEER shall proceed with the final design based on the attached preliminary sketch
of the intersection configuration. The final draim.ge plan shall be in accordance with Task 5,
and as approved by the COUNTY.
2. Prior to the Notice to Proceed, the COUNTY shall provide the ENGINEER with a copy of
the drainage agreement with LTC Ranch, and will assist the ENGINEER obtaining the LTC
Ranch ERP permit, and an electronic copy of their design flood routing and modeling
information. Also, the COUNTY shall assist the ENGINEER in their deliberations with the
City of PSL to modify the City's SFWMD permit of the area being taken for the east basin
drainage pond.
3. If the NSLRWCD fails to quit claim the Canal 103 RJW to the COUNTY, the County's
surveyor shall provide assistance to the ENGINEER in resolving the noted conflict in the
south RJW of Midway Road between Glades Cutoff Road and the Turnpike.
4. Based on the final letter from Milleson Environmental Consulting, Inc., dated 12-08-00, there
are no USACOE jurisdictional wetlands associated with this project, and construction can
proceed as designed and approved in the Nationwide Permit #20oo03676(NW-JC).
However, this permit expired on February 11, 2002 and it will be necessary for the
ENGINEER to resubmit for re-verification of this permit prior to proceeding.
5. Because of the interaction and cooperation needed from the adjacent landowners (LTC
Ranch, FECRR, and Tropicana) and governmental agencies (City of PSL Engineering &
Public Works, FOOT, SFWMD and NSLRWCD) to complete the design of this project, the
days indicated on Exhibit C, Time and Performance, are achievable only if there is a mode of
cooperation extended by each of the parties. If it appears there i~ a problem in achieving this
schedule, the ENGINEER will contact the COUNTY;mmediately. As good as the
ENGINEER is, there are still aspects of the work over which he has no controL
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6. Fees for services authorized by the COUNTY on a "Time and Expense" basis are estimates,
and the ENGINEER will charge only for the time spent on that task. If it appears that this
amount will be exceeded, the ENGINEER will notified the COUNTY, in writing. and shall
obtain authorization to proceed.
7. This proposal does not include the following:
· Permit application fees.
. Landscaping, lighting or irrigation plans,
. Services during construction.
· License Agreement from the FECRR.
8. According to Section 61GI5-19.001 (6)(f), Florida Administrative Code, the ENGINEER
notifies the COUNTY that the ENGINEER also is engaged to provide professional services
to the Ft. Pierce Farms Water Control District, the North St. Lucie River Water Control
District, Sr. Lucie County, and Tropicana Products, who could have conflicting interests.
Therefore, the work performed by the ENGINEER for these clients and for this project could
be interrelated, although the ENGINEER's work should be beneficial to all parties through
the exchange and interchange of ideas and information. However, the potential for conflict
will in no manner influence the ENGINE5!<'s judgment or quality of service. The
COUNTY hereby acknowledges and approves the relationship (s) referenced above.
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EXHIBlT B
COMPENSATlON
The COUNTY agrees to pay the ENGINEER as compensation for the additional services
rendered and described above. "Lump Sum" (LS) fees are fixed amounts to be paid in full for
the service or activity indicated. "Time and Expense" (T&E) fees are only estimates and are to
be paid for as incurred in accordance with the attached Exhibit D, "Schedule of Hourly Billing
Rates",
Task 1: Survey Services $ 24,500 (LS)
Task 2: Environmental Assessment $ 6,700 (LS)
Task 3: Geotechnical Services $ 16,900 (LS)
Task 4: Final Design & Construction Plans $164,400 (LS)
Task 5: Permitting $ 63,600 (T&E)
Task 6: Team Meetings $ 3.200 (LS)
Total..........................,........... .$279,300
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EXlllBIT C
SCHEDULE
TlME AND PERFORMANCE
The work associated with this Agreement shall be completed in accordance within the time
frame specified in the following schedule for the project, and as indicated in item #5 of the
Special Provisions. The tasks listed below shall be completed as follows:
Task 1:
Task 2:
Task 3:
Task 4:
Task 5:
Task 6:
30-45 calendar days after written Notice to Proceed.
30 calendar days after written Notice-to-Proceed.
45 calendar days after written Notice-to-Proceed.
180 calendar days after written Notice-to-Proceed.
150-180 calendar days after written Notice-to-Proceed.
As needed.
P,195-00I0\2002 work\Scope of Services ·COS 3-ll3.doc 10 of II
Midway & Glades Cutoff Roads
Intersection Improvements
June 2002 Revisions
~-
LBFH PROPOSAL FOR PROFESSIONAL ENGIN~ SERVICES. ST. LUCIE COUNTY
."". ,-r _r AFS' "s.iJøIiXF C....: - 204 -.' -1115t02
MAN-HOUR TABULATION far Addttla.ull Servlc.. to Expand and R.vl..lhe RoadwllY Design and PermlUlng for MldwllY Road IInd
Glades Cutoff Road Intersection Improvements
, 2 3 S 7 8 » 11 12 16 17 21 21
i
t t
~ Oucrlatlon
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~
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SO $0 $140 S:JotO 18700
, "noo- ~
. · , 1-'- -
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HI
S7!I "00
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'100 ..
m
w.t_fEJ\400... ..OM_....... SO
" .... $0 SO !!,700 -- '0
'---":1; ~
. , . . -. ~ . . ·
0fi0 Wet....¡ E_... DmIllllIW_
TASK 2........$ublot.J .
Oe~ö.~/~...¡;;-....o;;,......ïd;,., ·_~$-º--t--1L
aïèfci~ai_ilit<l'3"!!1~c'''''~. -ij
TASK!._....Subror. D'
i4D::I'_
$3 eo $400 $2441G ., lOCI sa sa 0 $0 loa
-"
o
.- m
"".. '" - . . . . ,~
.. " ,. .....
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· "
· n. .
OO,Lcal'......,'-,....
10,'l'ft.lOEIMi'arlA_
't1O'LcalOlllrlcl
FWl....d~~....l
2:4 ---'.,MII4tlI
241Or. ,OM I
TASK 6....._
:n FlIIIID..ø~ICaNtIudlon...,," -- $10800 1&000 $iÎÏiøo ~2~º5ô _~ ~ ~.. SO:= - ,-SO:= ~~~~ ~~~~ j1!Q.Q..~ $0 _.1 $123.800
r-- ... "" ''''-~---'I--- 7: ;;L¿~-:::rii.: cc"c
- :104~·~:_':=_ :::,',: .'::~ ,~'-::~c~~~"-.
, ',.,.... L:. '.~~~ :"":ll,";'~a ·.·',-;Ío___~~t"o. 0
TASK4.......~!Ø D tIl .. .. .au ~~µ_ II (I Y.!...~ _ '" _~.__
IMpa_
so ""
"'M
'3740 " 75 SO SO SO 0
.. · : ,IV ·11'· ·
· .. ff · . . ·
$5600 134ao 350 10
17100
li!I &Pa........,¡....... ¡La ::'Ii
TASK ........Subtot. a
m
m
.
"
.~WIclnDMIIlllIClroltndDn""- ..-f---I!-
___290~~~~ --~"':
_.. TA~~4.......S~~ II
'ª- ~ S3~.:.,$3,OiXi ~O:=~~~~ _..!~_ !~.2. !f:!~
.. Q:IJL.: ::-:~"-, 9~ 4rJ CJ1"
· a _~~. II ( ":Ill..
._~º__ ~':!_ _Jl!'~
,.
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so
SOia 11 00 $0 $0 'A
$0 II 80 11440 $0
'0
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-,
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37..Qua Ta...dl 0 $240 S20Q- _~li __._~ sr.:: .~_ _-19_ __ sg:~ ~"L~ --$.!~~_ =.IQ-= _1~'::::
3700.. TIkH! e'" 15' 0 II ~~i:=: ~Ji_~_~~~-£,"~_~I'.~_.._O'__-__--__
~_----.1MK4....._~~~ --.!...- ---..!_ ------.!...~ _....!!__ _~__ ,- _L.~_...!_ _.L u ~_,
·Jf.i.OL
-----
'50 T_.fMl~"MI
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$eoo $0 10 SO
so
10 $MO Ið
&OQ,,......IOleIlI......
TASK........Subtot. II
..
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.
~- J~It= ,~:itI~~~ c>c ~ ":'~Æ
_._._,___~-___TASI(.f":-~I-===__. 0 _"_ ,_JL ~~=_~~~~__~__!l.., __ ___~--
.- --- ,-- ---- "'c_-c- ----...--,=
"~Tot. 0 121 II 860 ð9!. __30. f-!!- OQ._ ._150 ._.!9? _5~~m !~~._ .$1~J-º:2...I~!.!...300.
Tasks 1, 2, 3, 4, 5 & 6
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BOARD OF SUPERVISORS
MYRON (/dAq VARN.,'&.
PRESIDENT
..." -¡ ð7n F Y r
)OHNSCDTrO
STEVEN D. CASSENS
?RESIDENT PRO TEM
NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT
2721 SOUIB )EN1<lNS ROAD
FORT PIERCE. FLORIDA 34981
TELEPHONE (561) 461-'õ050
STUART E.McGAHEE.l'.E.
DISI'IUCT ENGINEER
CUOL A. DONAHUE
S¡¡=ARY-llŒASURE.R
FRANK H.l'EE. []I
A7TORN£Y
July 15, 2002
Richard Schoenborn, P. E.
Hazen and Sawyer
Environmental Engineers & Scientists
1905 South 25th Street - Suite 103
Ft. Pierce, FL 34950
Re: North S1. Lude River Water Control District - Canal 13 at Platt's Creek, and other
District Canals
Dear Mr. Schoenborn:
I appreciate you stopping by my office recently to discuss the status of the NSLRWCD Canal 13
north of Platt's Creek. As you axe aware, I presented your request to fill and/or modify the
canal at last month's Board of Supervisors meeting. At that time, I was authorized by the North
St. Lucie River Water Control District (NSLRWCD) to quit claim Canals 2, 3,4,9,13 and 1æ to
St. Lucie County. -==-
The Board has elected to quit claim these canals because of the escalating difficulties associated
with keeping them maintained. Canals 2, 3 and 4 are in the center of expanding residential
communities that do not typically allow for our standards of maintenance. In addition; the
banks slopes have been modified and no longer lend themselves to agricultural-type cleaning
activities. Canal 9 and Canal 9A have similar issues in that they are located in the budding
residential areas of the county, and the landowners are becomin 1 reciativ~
traditional standards of maintenan Canal 103 is located "in the way" or the Midway)
Road/Glades Cut-o ill rsection improvement area, and will most likely need to be piped or
otherwise relocate
These canals were originally designed for agricultural land uses and, as you are aware,
agricultural· operations generally allow for less " aesthetic" cleaning and maintenance
procedures than those required by residential landowners. The continuing urbanization of the
eastern portion of Ft. Pierce and St. Lucie County has continued to isolate these canals from the
rest of the District creating tougher and harder to manage residential "zones."
Page 1 of2
..:--;--"
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Standard cleaning and maintenance operations in the majority of our agricultural settings allow
for us to deposit the materials removed from these canals on the bank. Residential applications
do not generally allow us this same luxury and, in the past, it has been necessary for us to
coordinate with the city or county to have the material hauled off_
I Wlderstand that you are assisâng SLC with this project, and I would appreciate it if you would
introduce these transfers to the county staff. Please contact me at 461-2450, at your convenience
so that we can discuss this opportunity in more detail.
Respectfully,
Stuart E. McGahee, P. E.
District Engineer
cc: Mike Wrack, Don West
NSLRWCD Board of Supervisors
Frank Fee
Bob Gifford
Ray Garcia
P:\74-0901 \PJatt's Branch\Hazen Sawyer SLC Quit Claim doc
Page 2 of2
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PSL PUBLIC WORKS
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CITY OF PORT ST. LUCIE.
PUBLIC WORKS
. . . . . . . . . . . . . . . . . . oW .
"Servin.g With E:.::celùmc~"
November 8. 2000
J. Scott Hec:ing, P.E, ,;. ..oñ~t Road &; Bridge Manager
St. Lw::ie Cotmty Public Works Dc:;p.u.lu3arJt
2300 ViIginia Ave.
Fort Picxcc, FL 34982
Re: Midway Road and. Glades ~fÏRoad ~ Improvements
Dear Mr. Herring:
We bavt; reviewed the layout fix tb.e proposed CllSt ~ de1=ø:io.n pond:tOr the projc:t
refemnc:ed above. It seems that the portion of Tract H-1S requested migbI work. well fur your
project !:rut will a:ffi:ct 1Ì18 maiotc:nmce and operation of ~ City stom1Wæ::r syst=n. Some
mcdifí..";'¡nmo¡ axe suggested below tc minùni:z.c the d:1'ccts on our sysœm.
TractH-lS:tim.cticms as astoragelU'C&and a.c:onveya:aœ ~ÍDtbeCity ~ ~ 'I'lK:
pond as shown by the Cmmty would bloafc the bi-diœctioaal. flaw and· 5fety overflow
capabilities of the system. A dtaiDage bypass system wou1d. m:ed to be cœ:s.strw:t=d to provide the .
same d1:a.i.lIagc functions. .
The City is willing to allow use of this portion of Thu;t H-15 by the County in the ~ of a.
draiDage easement to the CoUDty. Tbeœ will be no direct .land acquisition costs since an
eascmcmt may be gr-mf'~ but tbete arc other i:Ddizect casts involved 1bat me County would n=d
to 'bear for this use to occur. The conditions that the City desiIes are as :fellows:
· St. tud.e County is to bear all coStS and labor involved in the desigu, approval and actual use
aip!op.;1ty. .
· The City and County drainage systems ate to remain sepuaœ systems with each. entity
re.spoD5i.ble for 'the maintenanc:e of each respective system. -.
· An eqOaJizcr pipe system (rein:fbrced c:onc:œœ) shall be eoDSttUCtcd around the proposed east
detm:ItiOD pond to allow the: pre-c1eve1apmmt flow to CCClll' 1hmugh Tract H-1S. (A sketch is
mtt..~l'\l".d to show ODe possible coatîgw:ation of1he bypass system)
PUBLIC ~EP.ARTMENT
450 SW Thornhill Drive. Port 51. Lucie. FL 34984-4370 " 561/871-5100 . 58,/B71-5101 . FAX 561/871-'7397
! ¡ ..i..ll'_
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',11/09/00
lO:4~ . 'el'15ãH' '397
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PSL P~~LIC WORKS
1iJ.~a.2
'W1f'1
. 'Iñe County or it' 5 agent shall notify South Florida Wa1r::t Management District of the
proposed change to the· City d:minage systcm. 3Dd mala: my madiíications to the: msting Ciry
stonnwatcr ma:nagemCJIt pcm1Ít Qr syst=n as m:cessary.
· The Port St. Lucie City. F.1Ig;."...... and the Public Wades Director shall approve all
cansnuctí.on plaDs.. .
· The PDrt St. Lucie, City Attnmey sball appx0V8 a111cgal. issues r=gærling the œe of 1'1act H-
IS. .
If the termS li.stc:d above arc acceptable to jUU and you.d.1l get County C..---.mi!'tCI'Ìon approval at
the November 20lß m~g. we should be able to put 1he m:tedocal Agreem.ent on the agenda for
the Novcmbc:r 27th City CO'UJlCÛ met"tÌag.
The City Legal Departm.=rt is drafti:ag lID. Interlocal Agreement fCr the use of the œqum.ed.
portion. of'Tra.ct H-15. We will JlJ:r'Wm the draft agrr-nem: to you as JOQ!l as it is completed.
Ple:!se respond in writing if tbesc conditi.cns are acceptable to the: County or ii you have ath.er
ideas. If you would.like m discusstbis 1brtber. p.lc:a8c giVl;mc a call at 1J71-514&.
Sincerely,
Laney C. . o1Jt:berly, P.R.
Project Fng;nP.P.l'
cc: Don Cooper, City ~
Bonme Dyga. Assistm.t City Maœger
Lauy l"harm, Puhlie Woika Director
Walt::r EnglMld. P .E., City Pllgjn~
Pam. Booker. AssiSWlt City Attomey
Matt ;\ TnTT1an. Civil Rng1neet'
1108llQS1{,<Iac
Page 2 o:f2
~ ~(/
~ THE SOIITH UNE OF THE I'IIORTH
STJ..UCIE RNai WATER ~ ~ 'to;:! is
T.AICDl TO a~ SM"S 1'D8-e: A/lID AlL OTHER
8£ARlNGS ARE. RE1.ATlVE THERE:l'O. I
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SECTION. 1.
TOWNSHIP 36 SOUTH,
RANGE 39 EAST
MIJJ W'-A.Y ROAlJ
CIJUNTT ./l124Q nz
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HaRTH ST.¡'UC1E JUVØ JP'.A1'RJI SCIJll1 RlQiT-<:lF-WA'l'
MANAGBJaNT DISTRICT aN..Lt 11M UNE c:.A*L 1103
RFAfiUNr. Fl4 _sa9":l·~PE.- _ _1
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PORT ST. LUCIE
SECTION FORTY SEVEN
"
BLOCK 3180
~o.æ:CT NAME:
MID7fAY/CUDES CUTOFF
EÁ.ST RETENTION POND
ST.L/1C1E COUNTY. FLDRl1JA
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AeIISICHS:
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6/20/2000
F"d: N/A
Pra;.c:t Na.
95-0010
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LBFH, Inc.
2222 Colonial Road, Suite 201
Ft. Pierce, Florida 34960 -
February 14,2001
Project No. 00-12-869
Attention:
Ms. Cyndy Kendrick
Subject:
Update of Environmental Assessment of
Petroleum Contamination Upon
Midway Road - Glades Cut-off Road
Intersection· Improvements
St. Lucie County, Florida
Dear Ms. Kendrick:
INTRODUCTION
In accordance with your authorization, Dunkelberger Engineering & Testing, Inc. (DET)
has prepared an update of the report entitled "Environmental Assessment of Petroleum
Contamination Upon the Midway Road - Glades Cut-off Road Intersection
Improvements, St Lucie County, Florida". The report had been submitted to LBFH by
DET on April 23,1996 (DET Project No. 95-22-128).
We understand that you are proceeding with the final design phas~ for the project and are
preparing a revised Scope of Services for St. Lucie County. The revised scope of
services will include an environmental assessment component that addresses the impacts
on construction of existing petroleum hydrocarbon contamination that exists in the
groundwater of the Qwik 'N' Easy Food & Fuel facility, located at the northwest comer of
the junction of Midway Road and Glades Cut-off Road. Details of the update are
provided herein along with recommendations for a monitoring plan to be implemented
during the course of construction dewatering.
PROJECT CONSIDERATIONS
".
LBFH designed traffic improvements for the Midway Road and Glades Cut-off Road
intersection in St Lucie County, Florida in 1996. The improvements were proposed to
extend a distance of 2000 feet along the roadways in all directions from the referenced
intersection.
523A N.W Enterprise Drive · Port St. Lucie, Florida 34986
Telephone (561) 343-9787 . Fax (561) 343-9404
E-mail: detpsl@bellsouth.net
Slate at Florida Board of PratesslOnai Engineers Authorization No. 6870
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LBFH,Inc_
Project No. 00-12-869
..."
Page 2
As part of the scope of work for that project, LBFH conducted a cursory survey of the
traffic corridors to identify pollutant sources that could impact the planned construction.
One such source was found in the project area. this being Qwik 'N' Easy Food & Fuel,
located at 6600 West Midway Road (northwest comer of the intersection of Midway
Road and GladesCut-off Road).
Review of the Florida Department of Environmental Protection (FDEP) Petroleum
Contamination Detail Report shówed that the Qwik 'N' Easy Food & Fuel facility has
underground fuel tanks from which a release of unleaded gasoline occurred according to
a discovery report dated July 17, 1989. The fuel release impacted soil and groundwater
quality at the facility site.
Because of concerns for petroleum contamination impacts on construction related to the
Midway Road - Glades Cut-off Road intersection improvements, LBFH retained DET to
review the contamination known to exist at the Qwik 'N' Easy Food & Fuel facility and
evaluate its potential effects on implementation 'of the traffic improvements. A report
titled "Environmental Assessment of Petroleum Contamination Upon Midway Road -
Glades Cut-offRoad Intersection Improvements, St. Lucie County, Florida" was prepared
by DET on April 23, 1996 (DET Project No. 95-22-128). That repçrt summarized the
soil and groundwater conditions that were known to exist and provided recommendations
which, were intended to mitigate impacts that the contamination could impose on
construction of the roadway improvements.
PROPOSED TRAFFIC IMPROVEMENTS
Traffic improvements planned for the Midway Road and Glades Cut-off Road
intersection will include expansion of the roadways from their present two lane
configurations to four lane' configurations. Enhancement of surface drainage facilities is
also contemplated as part of the intersection improvement work.
Expansion of the roadways will occur to both sides of the existing paved sections. The
Midway Road paved section will be widened some 42 feet to the north and 18 feet to: the
south and that for Glades Cut-<lff Road about 32 feet to the northwest and 20 feet to the
southeast. Roadway expansion will mainly necessitate filling of topographically low
areas followed by construction of flexible pavement components.
"
Surface drainage enhancement was to have involved the installation of catch basins and
belöw groWld piping in the northerly and w~rly right-of-ways of Midway Road and
Glades Cut-off Road, respectively. Stormwater was proposed to be routed to Canal No.
103, which parallels Midway Road on the south side, via a retention pond to be
constructed on the west side of Glades Cut-off Road south of Midway Road. Invert
elevations for the storm drainage pipes adjacent to the Qwik 'N' Easy were conteIIlplated
to be about 5 feet below existing grades. which are on the order to +23 feet National
Geodetic Vertical Datum (NGVD). The wet season water table elevation in the
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LBFH, Inc.
Project No. 00-12-869
Page 3
immediate area of the Midway Road - Glades Cut-off Road intersection is expected to be
on the order of +20 feet NGVD. Details of the drainage improvements were shown on
the "Conceptual Drainage Plan, Glades Cut-off and Midway Road" prepared by LBFH.
We understand that the piping is now proposed to be installed in the southerly and
easterly right-of-ways òf Midway Road (main trunk line) and Glades Cut-off Road
(drainage trunk line), respectively. Drainage structures are proposed to be located on the
north side of Midway Road (at the southwest comer of the Qwik 'N' Easy Food & Fuel
facility) and the west side ofGIades Cut-off Road (at the northeast comer of the Qwik. 'N'
Easy Food & Fuel facility). The drainage structures will be connected to the trunk lines
by cross drains. Proposed invert elevations for the drainage works are to range from a
high of +20.00 feet to a low of +16.10 feet NGVD. Details of the current drainage
improvements are included in the "Plan and Profile, Midway Road and Glades Cut-off
Road Intersection Improvements" prepared by LBFH (dated February 15,2000) for the
St. Lucie County Engineering Department. Key components of the drainage
improvements are shown pictorially on Sheet 1.
PETROLEUM CONTAMINATION OVERVIEW
The report previously prepared by DET overviewed the extent of both soil and
groundwater contamination resulting from a discharge of unleaded gasoline at the Qwik
'N' Easy· Food & Fuel facility. Information regarding the contamination· was gleaned
from a Contamination Assessment Report (CAR) prepared for the facility by M&E Pieco,
Inc. in 1992. A petroleum contamination overview of the Qwik 'N' Easy Food & Fuel
facility is provided hereafter.
Soil Contamination
At the time that our report was prepared, petroleum impacted soils described as
"excessively contaminated" existed in the area of the underground fuel tanks and
dispensers. Unsaturated soils exhibiting a net- organic vapor response of 500 parts per
million (ppm) are considered to be "excessively contaminated" pursuant to Chapter 62-
770 of the Florida Administrative Code (F AC). The "excessively contaminated" soils
covered an area roughly 70 feet by 170 feet and were about 3 feet thick. The volume of
the impacted soils was estimated to be 1350 cubic yards.
Groundwater Coiltamination
The horizontal limits of the plume of petroleum impacted groundwater with pollutant
concentrations that exceeded the F AC Chaptei 62-770 target levels for cleanup were
shown in the M&E Pieco, Inc. CAR to be wholly within the boundaries of the facility on
the east and coincident with the facility boundary on the south. Benzene levels in the
impacted groundwater ranged from 3 to 14,371 parts per billion (Ppb). Total volatile
organic aromatics (VOAs) concentrations varied from 68 to 54,845 ppb. The plume
measured about 90 feet by 130 feet in plan dimen:;ions. M&E Pieco, Inc. dete~ed that
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LBFH, Inc.
Project No. 00- [2-869
Page 4
the vertical extent of the plume did not extend beyond a depth of 60 feet below the site
grade.
Surficial AQuifer Characterization
Borings drilled for the' CAR were used to develop generalized stratigraphy for the
contamination site. The stratigraphic profile is presented hereafter.
Description of Material
Groundwater table measurements made in the monitor wells in late April 1992 showed
the free water surface to exist at about 5 feet below the planar grade of the site.
Groundwater flow in the surficial aquifer was determined to be primarily to the south.
Slug tests were performed by M&E Pieco, Inc. in two of the shallow monitor wells
installed at the contamination site to evaluate the coefficient of permeability of the
surficial soils (i.e., those in the upper 15+ feet of the stratigraphic profile). Those tests
yielded permeability values of 68 and·23 feet per day, respectively. Based on this data,
the velocity of groundwater flow in the shallow aquifer was estimated by M&E Pieco,
Inc. to be 200 feet per year.
Remedial Action Plan
A Remedial Action Plan (RAP) for cleanup of petroleum contamination at the site was
prepared by M&E Pieco, Inc. in February 1993. That plan prescribed cleanup of the
contaminatt:d soil via a vapor extrac.tion system (YES) and remediation of the
hydrocarbon impacted groundwater by means of a pump and treat system. The RAP for
the site was approved by FDEP on January 14, 1994. çomponents of the system were
installed about one year prior to our completing om environmental assessment report. but
have not been operated because of a shortfall in funding of the State of Florida's
petroleum contamiñation cleanup fund.
-
CURRENT STATUS OF PETROLEUM CONTAMINATION SITE
In order to. assess potential impacts of the documented petroleum contamination on the
planned roadway improvements, it was necessary to update the current status of the Qwik
'N' Easy Food & Fuel facility and the east and south limits of the phone of hydrocarbon
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LBFH, Inc.
Project No. 00-12-869
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Page 5
impacted groundwater to determine if any migration of the plume's bOWldary had
occurred towards the work area.
Mr. Craig Stevens of the EDEP's Storage Tank Program was contacted by telephone on
August 4, 2000 regarding the status of Qwik 'N' Easy Food & Fuel, 6600 West Midway
Road. Mr. Stevens stated that the facility is now know as Town Star 38 (facility I.D. No.
568942900). No other petroleum discharges have been reported by the facility since the
July 17, 1989 discharge. Per FDEP's database, the cleanup status of Town Star 38 is
listed as "Remedial Action" and cleanup information appears as "inactive". The facility
has been accepted into the Florida Petroleum Liability and Restoration Insurance
Program (FPLRIP) for State assisted cleanup.
FDEP has established a scoring system per the Site Priority Ranking Rule, Chapter 62-
771, FAC,which assigns priority scores to petroleum contaminated sites. Each site
which is eligible for State assisted cleanup funding is scored according to this system and~
- ' . . .
is ranked in relation to all other eligible sites. Town Star 38 was assigned a score of 26
per the database information. Currently, the State is "funding sites that are 'scored above"
40 for cleanup.
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GROUNDWATER QUALITY ANALYSIS
Mr. Steve earn of Town Star Food Stores of Port St Lucie, Florida· and Mr. Neeld
Wilson of Gator Environmental, Inc. of Orlando, Florida (Town Star's environmental
consultant) were contacted and granted permission to DET to collect groundwater
samples from existing monitoring wells located on the Town Star 3.8 property. It had
been originally proposed to collect groundwater samples· from ~o existing monitoring
wells located in a swale to the south of the Town Star 38 facility (designated MW-21 and
MW-23) and three existing monitoring wells located along the east boWldary of the
facility (MW -7, MW -8, and MW -18). The locations of the monitoring wells are shòwn
on the attached Sheet 2. These monitoring wells were selected since they were located
outside of the hydrocarbon plume defined at the time of the CAR. However, monitoring
well MW-21 and a westerly companion designated MW-22 could not be located.
Therefore, monitoring well MW-14 (which also lies outside of the hydrocarbon plume,
originally defined by M&E Pieco, Inc.) was sampled in lieu ofMW-21.
Monitoring well MW -23 is located about 11.5 feet north of the north edge of the
pavement of Midway Road, on the south side of the swale. Monitoring well MW -14 is
situated about 23 feet north of the same edge of pavement, o.n the north side of the swale.
Monitoring well MW -23 lies within the zone of roadway improvements and will
probably be eliminated during construction ãctivities. Monitoring well MW-l4 is
situated just outside the zone öf roadway improvements and may be eliminated during
construction. If both monitoring wells are removed, it will be necessary to install an
additional monitoring well on the south side of the Qwik 'N' Easy Food & Fuel facility to
evaluate contaminant plume movement.
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LBFH, Inc.
Project No. 00-12-869
Page 6
Groundwater Sampline:
Groundwater samples were collected from monitoring wells MW-7, MW-8, MW-14,
MW-18 and MW-23 on August 10, 2000 by an environmental technician of Jupiter
Environmental Laboratòries, Inc. (Jupiter Lab). Before sample collection, a minimwn of
five (5) casing volumes of groundwater were extracted from each well to assure that
representative samples of the formational groundwater surrounding the wells were·
obtained. Measurements of temperature, pH, and conductivity were made during the
purge process to confirm that a stabilized condition existed prior to sampling. The
groundwater samples were collected using pre-cleaned teflon bailers and transferred to
laboratory supplied containers. The containers were placed in an ice-filled. insulated
chest and transported to Jupiter Lab's Jupiter, Florida facility for analysis. Sampling was
performed in accordance with procedures prescribed in Jupiter Lab's Comprehensive
Quality Assurance Plan (No. 960152) which is approved by the FDEP and is on file with
the Department in Tallahassee, Florida.
Groundwater levels were measured in each of the sampled wells on August 10, 2000.
The groundwater table elevation on that date was determined to be on the order of +20
feet NGVD.
Groundwater Quality Analvsis
The groundwater S$lples were analyzed for the Gasoline Analytical Group parameters
(EP A Method 602) prescribed by Chapter 62-770, F AC. A summary of the parameters
found in the groundwater samples which were above the laboratory detection limit and
the groundwater cleanup target level, per the applicable Stat€; of Florida criterion, is
presented below. The complete laboratory groundwater quality analysis report is
furnished in Appendix A.
Par~ter Monitoring Well D.(!SÏgnation Groundwater Cleanup TargetLeveJs,
Table l, Chapter 62-777, FAC
MW-18 I MW-23
MTBE 3.8 I 1.0 50
Notes:
1. All units in micrograms per liter (ug/I).
2. MTBE denotes methyl tert butyl ether.
The presence ot low levels of MTBE in the groundwater samples obtained from
monitoring wells MW -18 and MW -23 indicates that the edge of the cont;¡minant plwne
has migrated to the east and south of that reported in the CAR prepared by M&E Pieco,
Inc. as shown on Sheet 2.
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LBFH, Inc.
Project No. 00-12-869
Page 7
GROUNDW ATER LOWERING AND RADIUS OF INFLUENCE
Dewatering of excavations for drainage structures and stoonwater piping will be required
for the Midway Road and Glades Cut-off Road intersection improvements to enable these
features to be installed in the dry. From information presented on the Plan and Profile
drawings prepared by LBFH, we estimate that some 2 to 6.5 feet of temporary lowering
of the groundwater table will be needed to construct the below ground facilities in the
dry. The groundwater lowering estimates assume an ambient water table elevation of
+20 feet NGVD and pre-drainage to a depth of two feet beneath the invert elevations of
structures and piping. Such dewatering presents a concern for contaminant plume
movement since it could cause the radius of influence of the pre-drainage system to
extend into the area of petroleum impacted groundwater.
The radius of influence of groundwater lowering due to trench dewatering can be
estimated using the following empirical relationship established by Sichart and presented
in the text Foundation Engineering (Leonards, 1962): .
R = C (H-h) Kl!.
where:
R is the radius of influence of the dewatering (feet)
C is an empirical constant that ranges from 1 to 3
H-h is the drawdown produced at the source of dewatering (feet)
K is the foonational peoneability (microns per second)
Experience has shown that the radius of influence due to pumpage from a single line of
wellpoints is best approximated with the constant C equal to 1.5 to 2.
Using the higher value of 2 for C and a value of 162 microns per second for K (aver;age
of two values determined by M&E Pieco, Inc.), the radii of influence due to groundw~er
lowering necessary for the installation of structures and associated piping which are most
proximate to monitoring wells Mw-18 and MW-23 were computed and tabulated
hereafter.
.$tructWe Dístllnufrom . Pipe Flow Line at Drawdown Radlilul ..
Deshmation MonitJJrlnf! Well . Structure (N(;Ji'D) Iirf'/llence. .
5-19 115' west ofMW-23 +18.65' 3.S' 89'
S-20 125' southwest ofMW-23 +15.80' 6.S' 165'
5-18 175' southeast ofMW-23 . +16:07' 6.0' 153'
50\8 125' south ofMW-18 . +16.07' 6.0' 153'
S-17 135' northeast ofMW-18 T16.26' 6.0' 153'
Outfall for S-29 160' southeast ofMW-18 . +16.10' 6.0' 153'
8-29 175' southeast ofMW-18 +20.00' 2.0' 51'
$-16 230' northeast ofMW-18 +16.40' 6.0' 153'
$-14 500' northeast ofMW-18 +17.81' 4.5' lIS'
S-15 500' northeast ofMW-18 +16.58' 5.0' 140'
5oI8A 10' east ofMW-18 16.25' 6.0' 153~
$-18B 9Q'soutlieast ofMW-18 16.15'· 6.0' 153;
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LBFH, Inc.
Project No. 00-12-869
Page 8
Notes:
1. Drawdown was computed using a groundwater elevation of +20 feet NGYD and a
groundwater elevation at the structure that is approximately 2 feet below the pipe flow line to
allow for in-the-dry construction and a stable subgrade.
2. Shading indicates a radius of influence greater than or nearly equal to' the distance of the
structure from the designated monitoring well.
While the radii of influence of groundwater lowering due to trench dewatering for some
of the structures referenced previously do not extend into the area of petroleum impacted
groundwater, those of the piping runs between the structures do. Furthermore, estimates
of the· radius of influence of groundwater lowering due to trench dewatering does not
include superposition of drawdown effects resulting from dewatering other than at a
single location at one time. Therefore, a dewatering plan that prevents contaminant
plU1!l~ movement is necessary for the installation of drainage structures 8-14, 8-15, 8-16,
8-17, S-18, S-18A, 8-18B, 8-19, 8-20, and 8-29 and their associated piping.
CONCEPTUAL DEWATERING PLAN
Dewatering for the project should be accomplished in four separate phases of
construction:
1. Construction of Structures S-14 through S-17 and associated piping.
2. Construction of Structures S-18A, S-18B, and S-29, piping be~een Structure S-29
and its outfall, piping between Structures S-18A and 8-18B, and piping between
Structures 8-17 and 8-18.
3. Construction of Structures 8-18 and 8-20 and associated piping.
4. Construction of8tructure S-19 and piping between Structures 8-20 and 8-19.
Dewatering for construction Phase Nos. 1 and 3 may be accomplished by open pumping,
through use of a line of vacuum wellpoints, or by means of a buried perforated pipe
wrapped with filter cloth. 8heeting of the excavations other than· for protection of the
stability of the cut slopes is not required. Dewatering for construction Phase Nos. 2 and 4
should be accomplished by pumping. from within a sheet piled excavation to limit the
radius of influence to be caused by pre-drainage. The total penetration of the sheet piling
below the ground'surface should not be less than three times the contemplated depth of
excavation (e.g., a 6-foot excavation would require sheeting with an overall penetration
of 18 feet measured from the ground surface). -
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LBFH, Inc.
Project No. 00-12-869
Page 9
In general, the trench section for each construction component should be of a length
needed to prepare the excavation bottoms and install the structures, piping, and their
appurtenances. Compacted earth plugs may be placed at each end of the construction
section to create a temporary cofferdam for the work area. Once a given section of the
work is completed, its dewatering system should be disengaged and moved to the next
section.
The existing drainage swale located along the north and west sides of the northwest
comer of the Midway Road and Glades Cut-off Road intersection should be converted to
a groundwater recharge basin that is fed with suitable quality dewatering effluent during
each of the four phases of constrUction to create a head of +23 feet NGVD. The length of
the recharge basin in effect at any time should be not less than the active length of trench
over which piping installation is occurring and should be a mirror image of the trench
length plus a minimUm of 15 percent of the trench length added to either end. The intent
of the recharge basin is to preclude groundwater lowering north and west of the work
area thereby creating a stagnation condition for the contaminant plume that exists at the
Town Star 38 facility. Creation of a given length of recharge basin will necessitate
placement of a compacted earth plug across the swale at each end of the basin to a crest
elevation of about +24 feet NGVD along with a temporary overflow structure at the
downstream plug.
Generally, dewatering effluent from the active work area should be directed to the
recharge basin to maintain an elevation not1ess than +23 feet NGVD. Groundwater
lowering caused by the temporary dewatering for the installation of structures and piping
should be monitored to determine if it causes excessive drawdown that may lead to
contaminant plwne movement. If excessive drawdown is indicated, the utility contractor
should be prepared to install a line of shallow :wells north and west of the work area that
can induce a recharge mound with a suitable top elevation to prevent plwne migra4on.
The recharge wells ~ be fed with suitable quality effluent from the dewatering system.
We envision that dewatering for the four phases of below ground construction would be
accomplished in the manner described below.
1. Construction of Structures 8-14 through S-17 and associated piping. . .
A compacted earth plug should be placed across the drainage swale at about Station
255+50 and another at 8tation 250+60 to form the recharge basin. Construct
Structures 8-14, 8-15, 8-16 and 8-17 and associated piping from 8-14 to 8-17 using
open pumping, vacuiun wellpoints, or the horizontal drain with the dewatering
effluent routed to the discharge basin. .
2. Construction of Structures 8-18A, 8-18B, and 8-29, piping between 8-29 and its
outfall, piping between 8tructures 8-18A and 8-18B, and piping between Structures
8-17 and 8-18.
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LBFH, Inc.
Project No. 00-12-869
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Page 10
Relocate compacted earth plugs across drainage swale to Station 253+00 and Station
49+00. Construct Structures S- I 8A, S-188, S-29, piping from S-29 to its outfall,
piping from S-18A to- S-188, and piping from 8-17 to S-18 within an excavation
lined with sheet piles. Perform dewatering within the sheet pile cofferdam using open
pumping or wellpoiÌ1ts and route the effluent to the recharge basin.
3. Construction of structure S-18 and associated piping from S-18 to 8-20.
Relocate compacted earth plug that had been placed across drainage swale at Station
49+00 to Station 46+00. Construct Structures S-18 and S-20 and associated piping in
an open trench.
4. Construction of Structure S-19 and S-20 and the piping between them.
Relocate compacted earth plug that had been placed across drainage swale at Station
253+00 to Station 49+00. Construct Structures 8-19 and S-20 and piping between
them within an excavation lined with sheet piles. Perform dewatering within the
sheet pile cofferdam using open pumping or wellpoints and route the effluent to the
recharge basin.
GROUNDWATER MONITORING
Background quality and groundwater levels should be determined at the Town Star 38
monitoring well locations prior to commencement of construction and monitored during
the dewatering activities to detennine possible changes indicative of contaminant plume
migration due to pre-drainage. Groundwater levels at monitoring· wells MW-7, MW-8,
MW-14, MW-18, and MW-23 should be determined on a twice per day basis (beginning
and end of work shift) for a two day period prior to the commencement of "the
dewatering/recharge activities tQ establish ambient conditions. This schedÙle of
groundwater level measurements should be maintained throughout the period of
constrUction dewatering. Groundwater elevation data should be submitted to the St.
Lucie County Public Health Unit (SLCPHU) on a once per week basis. A complete
record of the groundwater· elevation readings should also be maintained in the
construction field office.
Prior to the o~t of dewatering, groundwater samples should be collected from
monitoriIig wells MW-7, MW-8, MW-14, MW-18, and MW-23 on a one time basis and
analyzed for the Gasoline Analytical Group parameters. These analytical results will
establish background groundwater quality.·
LBFH. Inc. '-'"
Project No. 00-12-869
....,
Page I]
During the first week of the dewatering operations, water samples should be collected
from the five monitoring wells and dewatering effluent discharge pipe at a frequency of
once per day and analyzed for the parameters described earlier with laboratory results
reported within a 24-hour tum-around time.
After the first week of dewatering, water samples should be obtained from the five
monitoring wells and the dewatering effluent discharge pipe ala frequency of twice per
week and tested for the Gasoline Group parameters provided no significant change in
groundwater quality is determined. This screening process should be utilized over the
balance of the dewatering period unless changes in groundwater quality occur.
Water quality data should be submitted to SCLPHU on a once per week basis. Complete
data should be maintained in the construction field office.
000
We trust that the information provided herein is sufficient for your current needs. Should
it require any clarification or amplification, please feel free to contact us.
Very truly yours,
DUNKELBERGER ENGINEERING & TESTING, INC.
~~
Lynn Bellizzi, E.I.
Staff Engineer
~
Thomas J. Tepper, P.E.
Principal Engineer
FL Registration No. 27451
'Z/I+(ðl
LBrrJT/pg
869111'
Attaclunents: Sheet 1 - Location Plan
Sheet 2 - Plume of Petroleum Impacted Groundwater
Appendix A - Groundwater Quality Analysis
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APPENDIX A
GROUNDWATER QUALITY ANALYSIS
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Jupiter
Environmental Llhn¡-at''''e,. fne.
Glient # 1121PSL
Address: Dunkelberger Engineering & Testlng, Inc.
523A N.W. Enterprise Drive -
Port 51. Lucie. R. 34986
A ttn:L ynn Bellizzi
Page; 1 of 5
Date: 8115100
Log # 4067-01
Sample Description COC#: 6089
6600 Midway road
Project #: 00-12869
Water Analysis
Label: MW-a
Dale Sampled: 8/10100
Date Received: 8/10/00
Collected By: JEL
Dilution Detection Extraction Analysis
EPA Method 602 Results Units Method Factor Limit Date Date Analyst
BENZENE U ugll 5030/8260 1 1.0 8111/00 8114/00 ED
TOLUENE U ugll 503018260 1 1.0 8111/00 8/14/00 ED
CHLOROBENZENE U ug/I 503018260 1 1.0 8111/00 8/14/00 ED
ETHYLBENZENE U ugll 503018260 1 1.0 8111/00 8/14/00 ED
m,p-XYLENE U ug/l 503018260 1 1.0 8/11/00 8/14/00 ED
o-XYLENE U ugll 503018260 1 1.0 8/11/00 8/14/00 ED
1,3-DlCHLOROBENZENE U ugll 503018260 1 1.0 8111/00 8/14/00 ED
1,4-0ICHLOROBENZENE U ugll 5030/8260 1 1.0 8/11/00 8/14/00 ED
1.2-OICHLOROBENZENE U ugII 503018260 1 1.0 8/11/00 8/14/00 ED
MTBE U ugll 5030/8260 1 1.0 8/11/00 8114/00 ED
U = Below l..abooItory Detectioo ~
R~':~~i~~/
/¿fI-(!efAfrl!/
- í..:7l!..afl! Shore-loeb
I t/ Quality Assurance Director
. These Compounds are screened only, with an estimated detection Jimil
All Analyses were peñonned using EPA, ASTM. USGS. or Standard Methods.
CompQAP # 960152 EPA #FL01040 HRS #E86546
c;:¡ '-:-\ '
~~J. L-I...bo- /
Edward Dabrea
Technic;al Director
Pagel
220 Venus Street, Suite 16. lunitf-'f FI ~ 14.58 fS61ìI17l)-{)(1".¡n ¡::~Y ¡Sh l'¡'i7'i_41I H i-'t"/t-itã)<"J.ltP n,;:.f
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",
Jupiter
Environmental Ll1)()r..¡lOri",; '11C.
Client # 1121 PSL
Address: Dunkelberger Engineering & Testing, Ine.
523A N. W. Enterprise Drive -
Port S t. Lucie, FI. 34986
Attn:Lynn Bellizzi
Page: 2 of 5
Date: 8/15/00
Log # 4067-01
Sample Description cae#: 6089
6600 Midway road
Project #: 00-12869
Water Analysis
Label: MW-18
Date Sampled: 8110/00
Date Received: 8110100
Collected By: JEL
Dilution Detection Extraction Analysis
EPA Method 602 Results Units Method Factor Limit Date Date Analyst
BENZENE U ugll 5030/8260 1 1.0 8/11/00 8/14/00 ED
TOLUENE U ugll 5030f8260 1 1.0 8/11/00 8/14/00 ED
CHLOROBENZENE U ug/1 5030f8260 1 1.0 8/11/00 8114100 ED
ETHYlBENZENE U ugJI 5030/8260 1 1.0 8/11/00 8/14/00 ED
m,p-XYLENE U ugll 503018260 1 1.0 8111100 8/14100 ED
o-XYLENE U ugll 5030/8260 1 1.0 8/11/00 8/14100 ED
1,3-DICHLOROBENZENE U ugll 5030/8260 1 1.0 8/11fOO 8I14fOO ED
1,4-DICHLOROBENZENE U ugII 5030/82eO 1 1.0 8/11fOO 8/14/00 ED
1,2-DICHLOROBENZENE U ugII 503018260 1 1.0 8I11fOO 8I14fOO ED
MTBE 3.8 ugll 503018260 1 1.0 8/11/00 8114100 ED
U = Below Laboratory Detection Urnits
'"
~es. ..' IIY. uþrili\t~..: '/J
¿(?t ~Sfdf
¡'qJ( . m Shore-Loeb
, Quality Assurance Director
. These Compounds an¡ screened only, wiÖ1 an estimated detedlon .mil
All Analyses were performed using EPA, ASThI, USGS, or Standard Methods.
CompQAP # 960152 EPA #FL01040 HRS #E86546
éÇii<.j~"-ð-UL~
Edward Dabrea
Technical Director
Page 1
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Jupiter
Enví ronmenta LdÌìnr,-itu'I<-" !nl.,
Client # 1121PSL
Address: Dunkelberger Engineering & Testing. Inc.
523A N.W. Enterprise Drive -
Port St Lucie, R. 34986
Attn:Lynn Bellizzi
Page: 4 of 5
Date: 8/15/00
Log # 4067-01
Sample Description COC#: 6089
6600 Midway road
Project #: 00-12869
Water Analysis
Label: MW-23
Date Sampled: 8110100
Dale Received: 8110100
Collected By: JEL
Dilution Detection Extraction Analysis
EPA Method 602 Results Units Method Factor Umlt Date Date Analyst
BENZENE U ugll 503018260 1 1.0 8111/00 8114100 ED
TOLUENE U ugll 503018260 1 1.0 8111/00 8114/00 ED
CHLOROBENZENE U ugIl 503018260 1 1.0 8111/00 8114/00 ED
ETHYLBENZENE U ugll 503018260 1 1.0 8111/00 8114100 ED
m,p-XYLENE U ugll 503018260 1 1.0 8111/00 8114/00 ED
o-XYLENE U ugll 5030JlÌ260 1 1.0 8111/00 8114/00 ED
1.3-DiCHLOROBENZENE U ugll 503018260 1 1.0 8111/00 8114/00 ED
1.4-0ICHLOROBENZENE U ugll 503018260 1 1.0 8111/00 8114/00 ED
1,2-DICHLOROBENZENE U ugIl 503018260 1 1.0 8/11/00 8114/00 ED
MTBE 1.0 ugll 503018260 1 1.0 8111/00 8114/00 ED
U = Below Labonltory Detection U~
ø;es .ctfu~rY ., m~' ~
f;J/f'rl: 'i ,
?~ ¡'It ;~,
·rí.tP.¡¡m Shore-Loeb
Quality Assurance Director
. These Compounds are screened only, with an estimated detection limit.
All Analyses were performed using EPA. ASTM, USGS, or Standard Methods.
CompQAP # 960152 EPA #FL01040 HRS #E86546
é5Lv't:-ri UL-;<.--
Edward Dabrea
Technical Director
Page 1
ì?()Vf'lnl ..~trPØT ~llitPlh Illnit¡::¡,· ¡:r ~·~4¡;;~ ('ìhl\t;"7r::;_{)fl1:t) ¡:),,(;:;hI1¡;;7C;;_.J.ll~ ~,¡rU;¡j(l:'t.on..)l
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Jupiter
Environnlentd! i_,ibnrrltr;rit",-. !11C
Client # 1121PSL
Address: Dunkelberger Engineering & Testing, Inc.
523A N,W. Enterprise Drive
Port 51. Lucie, FI. 34986
Attn:Lynn Bellizzi
Page: 5 of 5
Date: 8/15/00
Log # 4067-<l1
Sample Description COG#: 6089
6600 Midway road
Project #: 00-12869
Water Analysis
label: MW-14
Date Sampled: 8/10100
Date Received: 8/10/00
Collected By: JEL
Dilution Detection Extraction Analysis
EPA Method 602 Results Units Method Factor Umit Date Date Analyst
BENZENE U ugll 503018260 1 1.0 8/11/00 8114/00 ED
TOLUENE U ug/I 503018260 1 1.0 8111/00 8114/00 ED
CHLOROBENZENE U ugll 503018260 1 1.0 8/11/00 8/14/00 ED
ETHYLBENZENE U ugll 503018260 1 1.0 8111/00 8114/00 ED
m,p-XYLENE U ug/I 503018260 1 1.0 8/11/00 8/14/00 ED
o-XYLENE U ugll 5030/8260 1 1.0 8/11/00 8114/00 ED
1.3-DICHLOROBENZENE U ugll 5030/8260 1 1.0 8111/00 8114/00 ED
1.4-DICHLOROBENZENE U ug/I 503018260 1 1.0 8/11/00 8/14/00 ED
1,2-D1CHLOROBENZENE U ugII 503018260 1 1.0 8/11/00 8114/00 ED
MTBE U ugll 503018260 1 1.0 8111/00 8114/00 ED
U = Below laboratOl'f Detection Um~
. These Compounds are screened only, with an estimated detection "mil
Respj ctfufly ~.. . itted, /'
/{)L'" / c-ý'
@trr/f::::ZtióS¿ .~
r-;.t/.. Pam Shore-loeb
. c· Quality Assurance Director
All Analyses were performed using EPA, ASTM, USGS, or Standard Methods.
CompQAP #960152 EPA #FL01040 HRS #E86546
.:::~~""~c'-j wJ-ðv---
Edward Dabrea
Technical Director
Page I
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AGENDA REQUEST
.....,; /I I
ITEM NO. L-,
DATE: July 23, 2002
REGULAR []
PUBLIC HEARING []
CONSENT [XX]
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney
Daniel S. McIntyre
County Attorney
SUBJECT: First Amendment to December 5, 2000 Agreement with Jenkins & Charland, Inc.
BACKGROUND:
See attached memorandum
fUNDS AVAILABLE:
PREVIOUS ACTION:
RECOMMENDA TION: Staff recommends that the Board approve the First Amendment and authorize
the Chairman to sign the First Amendment.
COMMISSION ACTION:
Do las Anderson
ounty Administrator
~ APPROVED [ ] DENIED
[ ] OTHER:
County Attorney:
~
Review and Approvals
Management & Budget
'.l'Iiil'SrTèWõr~tlir~ 413
-;",.. ¿f¡;
Q;~t#l:Sêr1{ioe$: ~
Originating Dept.
"if;fi\'i\f¡oÛ(Cheok for Copy only, if applioable)
Eff. 5/96
""
....,¡
~
INTER-OFFICE MEMORANDUM
ST. LUCIE COUNTY, FLORIDA
TO:
Board of County Commissioners
FROM:
Daniel S. McIntyre, County Attorney
C.A. NO.
02-1067
DATE:
July 12, 2002
SUBJECT:
First Amendment to December 5, 2000 Agreement
with Jenkins & Charland, Inc.
BACKGROUND:
On December 5, 2000, the County entered into an agreement with
Jenkins & Charland, Inc. to provide structural engineering services on County
bridge projects. Attached to this memorandum is a copy of a proposed First
Amendment to the December 5, 2000 Agreement. The purpose of the First
Amendment is to properly categorize the various work authorizations/
contracts that have been previously authorized.
RECOMMENDATION/CONCLUSION:
Staff recommends that the Board approve the First Amendment and
authorize the Chairman to sign the First Amendment.
Respectfully submitted,
""
...,,¡
DSM/ caf
Attachment
""
.'WIII
FIRST AMENDMENT TO DECEMBER 5, 2000 AGREEMENT
BETWEEN ST. LUCIE COUNTY AND JENKINS & CHARLAND, INC.
THIS FIRST AMENDMENT made and entered into this _ day of
,2002,
by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter
called (the "County"), and JENKINS & CHARLAND, INC., (the "Engineer"):
WIT N E SSE T H:
WHEREAS, the County and the Engineer entered into a Agreement on December 5, 2000 to
perform engineering services in connection with bridge evaluation and design projects; and
WHEREAS, the December 5,2000 Agreement provided for work assignments to be set forth
in individual work authorizations; and
WHEREAS, the parties desire to clarify which work authorizations previously entered are
related to the December 5, 2000 Agreement
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties
agree as follows:
1. Paragraph 3 TERM OF AGREEMENT; WORK AUTHORIZATIONS IS
amended to add subparagraph C as follows::
C.(I) Renumberinl! of Work Authorizations
The following work authorizations shall be renumbered as follows:
Work Authorization
Repair of 25th S1.
Bridge over
10 Mile Creek
(Date)
(County SÍlmature)
3/13/01
Old W A#
2
New W A#
1
(Date)
-1-
·
...,.,
..."
Work Authorization (Countv Sil!:nature) Old W A# NewWA#
Bridge #940019 6/18/02 7 2
Carlton Road over
C-24
Bridge #940025 6/18/02 8 3
Shinn Road over
10 Mile Creek
Bridge #940030 6/18/02 9 4
McCarty Road over
10 Mile Creek
Bridge #940031 6/18/02 10 5
McCardy Road over
10 Mile Creek
C. (2) Redesegnating Certain Work Authorizations as Separate Contracts
The following work authorizations shall be designated as separate contracts
and identified by an individual contract number assigned by the County's
Finance Department
Work Authorization
Date (County SÌlrnature)
Old WA #
I
3
4
5
6
7
Juvenile Courtroom Facility 2/21/01
Mental Health Work 5/15/01
Prima Vista Library 7/03/01
South County Sports Stadium 11/8/01
Civic Center 1/24/02
Rasmussen House 5/14/02
2. Except as amended herein, the remaining terms and conditions of the December 5,
2000 Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the County has hereunto subscribed and the Engineer has
-2-
.~
affixed his, its or their names, or name.
ATTEST:
DEPUTY CLERK
ATTEST:
SECRETARY
G.\A TTY\AGREEMNT\] AMENDI 1 A-Jenkins&Charland.wpd
....,t
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
JENKINS & CHARLAND
BY:
Print name
-3-
~
AGENDA REQUEST
""lfEM NO. C-5-A
~
DATE: July 23, 2002
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [X]
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY: Purchasinq Department
Michael Rath. Purchasinq Director
SUBJECT: Award of Bid No. 02-084, Ray lein Ditch Drainage Improvements
BACKGROUND: On June 10,2002 bids were opened for Ray lein Ditch Drainage Improvements. One
thousand twenty-one (1021) vendors were notified, twenty-one (21) bid documents were distributed and
three (3) bids were received. The Public Works Department has reviewed the bids received and
recommends that the bid be awarded to the low bidder, Shenandoah General Construction, Inc., in the
amount of $51 ,400. Recommendation and tabulation attached.
FUNDS AVAilABLE: Funds are available in Transportation Trust/local Option Account No. 101003-
41131-563000-430017.
PREVIOUS ACTION: N/A
RECOMMENDATION: Staff recommends award of Bid No. 02-084 Ray lein Ditch Drainage
Improvements to the low bidder, Shenandoah General Construction, Inc., in the amount of $51,400 and
authorization for the Chairman to sign the contract as prepared by the County Attorney.
COMMISSION ACTION:
pc¡ APPROVED [] DENIED
[ ] OTHER:
D nderson
County Administrator
County Attomey.(X) :;~V"''-'\l.
Originating Dept::
Mgt. & Budget (X)
Other.
/..(2-
Purchasing Mgr,:(X)
Other:
Finance: (Check for Copy only, if Applicable)
Eft. 1/97
'-"
....."
DIVISION OF ENGINEERING
MEMORANDUM
02 - 209
...-.......-----_._----------------_.........-.._-_.......---.....
uuu____________..____________.........·..________···....·______
··0_...._.__._.......__..__.___________··_··___·___·___·___.___._.
--_.0.------ _ ___________________...._."._.______..
_________________________________________n_________.____.._._..
.-.-.-----.-.-----.---.........._......._-_._.............---.--
.._.___................._______________.___.__..._._..M._..____....
..-...-..................-...............-............"."-----
..-.-.-.---------.-.-------------..-.------.---.-------.-.---.----.
TO: Michael Rath, Purchasing Director
VIA: Donald West, County Engineer~~'
VIA: Barbara Meinhardt, Revenue Coordinator 'tJ-~
FROM: Mark Warner, Project Manager~
DATE: July 12,2002
SUBJECT: Bid #02-084 - Ray Lein Ditch Drainage Improvements
On June 10,2002, bids for the subject project were opened in the Purchasing office. We have
reviewed all three bids received. Based on our review of the bids, we recommend award of the
contract to the low bidder, Shenandoah General Construction in the amount of $51,400.00.
The following budget is established for the project:
., ,~, ,'-..,J
Construction:
Reserves:
TOTAL:
$51,400
$27,910
$79,310
'-..¡
-,:-$
Vl
Funds are available in 1010036-41131-563000-430017, Transportation TrustfLocatÇ>ptiòJ1.
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AGENDA REQUEST
~EM NO. C-5-B
DATE: July 23,2002
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [X]
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY (DEPT): PURCHASING
Michael Rath. Purchasinq Director
SUBJECT: Amendment to Contract No. C02-03-296 with Highway Valets, Inc., to Provide Road Striping
and Maintenance of Pavement Markers
BACKGROUND: On February 12, 2002 the Board of County Commissioners authorizedJPursuant to
Martin County Bid No. 00-195 a contract with Highway Valets, Inc., to provide road striping and
maintenance of pavement markers for the Road and Bridge Division. It was originally estimated that the
use of this contract would not exceed $50,000. It is now estimated, based upon additional usage ofthis
contract, that an increase to this contract is needed in the amount of $35,000.
FUNDS AVAILABLE: Funds will be made available in the Transportation Trust Funds, Roadway Marking
Account No. 101-4109-546200-4910.
PREVIOUS ACT I ON: On February 12, 2002 the Board approved Contract No. C02-03-296 with Highway
Valets, Inc.
RECOMMENDATION: Staff recommends that the Board of County Commissioner's approve the
amendment to the contract with Highway Valets, Inc., and authorize the Chairman to execute the
amendment as prepared by the County Attorney increasing the total "not to exceed amount" to $85,000.
COMMISSION ACTION:
pq APPROVED [] DENIED
[ ] OTHER:
County Attomey.(X) '~..p-.J)~
Originating Dept:
Mgl. & Budget (X)
¡)
Purchasing Mgr.:(X) /.J----
Other:
Other:
Finance: (Check 1br Copy oniy, if Applicable)
Eft. 1/97
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FIRST AMENDMENT TO FEBRUARY 12, 2002
AGREEMENT
THIS FIRST AMENDMENT, is made and entered into this day of
,2002, by and between ST. LUCIE COUNTY, a political subdivision
of the State of Florida, (the "County") and HIGHWAY VALETS, INC., (the "Contractor").
WHEREAS, on February 12, 2002, the parties entered into an Agreement which
provided striping and maintenance of pavement markings on County Roads from
October 1, 2001 to August 30, 2002; and,
WHEREAS, the parties desire to amend the Contract to increase the total "not to
exceed" amount of the Contract from $50,000 to $85,000.
NOW, THEREFORE, in consideration of the mutual promise contained herein,
the parties agree to amend the Contract as follows:
1. Paragraph 2. PURPOSE; TERMS shall be amended to read as follows:
2. PURPOSE; TERMS
That Contractor agrees with County that pursuant to the term and
conditions of this Agreement and the Schedule of Prices, attached hereto and
made a part hereof as Exhibit "A", Contractor shall furnish all labor, materials,
equipment, services and incidentals necessary to provide striping and
maintenance of pavement markings on County Roads. Quantities stated in
Exhibit "A" are for Contractor's guidance only and no guarantee is given or
implied by the County as to what quantities will be ordered by the County during
the term of this Agreement. The County expressly reserves the right to increase
or decrease the quantities set forth in Exhibit "A" to meet additional or reduce
requirements of the County. Payments to the Contractor pursuant to this
Agreement shall not exceed Eighty-five Thousand and 00/100 dollars
($85,000.00).
2. Except as amended herein, all other terms and conditions of the Contract
shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have accepted, made and executed
this Agreement upon the terms and conditions above stated.
ATTEST:
BOARD OF COUNTY
COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
DEPUTY CLERK
CHAIRMAN
1
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WITNESSES:
....,
APPROVED AS TO FORM AND
CORRECTNESS
COUNTY ATTORNEY
HIGHWAY VALETS, INC.
BY:
Authorized Representative
Print Name:
Title:
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AGREEMENT
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THIS AGREEMENT, made this P-day of ,1.- ,..ir¡,Uf"C:( ,2001 by and between
ST. LUCIE COUNTY, a Political Subdivision of the State of FlìWida, hereinafter called the
"County," and HIGHWAY VALETS, INC., a Florida corporation, or its successors, executors,
administrators, and assigns hereinafter called the "Contractor" in conjunction with an
AGREEMENT between the MARTIN COUNTY and HIGHWAY VALETS, INC.{alr oo-19!5)
for roadway striping:
WIT N E SSE T H:
WHEREAS, pursuant to due procedures of law, bids were received by the Martin
County for roadway striping, as described below; and
WHEREAS, Martin County considered the bids, and determined that the bid of the
Contractor was the best and most desirable bid submitted, and awarded the Agreement to
the Contractor; and
WHEREAS, in the St. Lucie County Purchasing Policy, the County is authorized to
purchase goods and services from the Contractor at the same price as the Martin County's
Agreement; and
WHEREAS, the Contractor agrees to provide the services to the County pursuant to
the prices established in the Martin County Contract.
NOW THEREFORE in consideration of the mutual covenants and obligations set forth
below, the County and the Contractor desire to enter into an Agreement as follows:
1. PURPOSE; TERMS
That Contractor agrees with County that pursuant to the terms and conditions of t~is
Agreement and the Schedule of Prices, attached hereto and made a part hereof as Exhibit
"A," Contractor shall furnish all labor, materials, equipment, services and incidentals
necessary to provide striping and maintenance of pavement markings on County Roads.
Quantities stated in Exhibit II A" are for Contractor's guidance only and no guarantee is given
or implied by the County as to what quantities will be ordered by the County during the term
of this Agreement. The County expressly reserves the right to increase or decrease the
quantities set forth in Exhibit" A" to meet additional or reduced requirements of the County.
g:\atty\cgrumnt\highway valets
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Payments to the Contractor pursuant to this Agreement shall not exceed Fifty thousand and
0/100 ($50,000.00) dollars
2. SPECIFICATIONS
The Standard Specifications for the Agreement shall be the latest edition of the
Florida Department of Transportation's Standard Specifications for Road and Bridge
Construction. Thermoplastic Stripes and Markings shall be Alkyd Type only. Theremoplastic
Stripes and Markings shall be applied utilizing extrusion application equipment only.
3. PAYMENT TO Contractor
The County shall make payment to the Contractor within forty-five (45) days of the
date of receipt and acceptance by the County of an invoice for the installation of striping.
Payment to the Contractor shall be based on the unit prices set forth in Exhibit -A".
4. CONTACT PERSONS
The Contact Person for the County is J. Scott Herring at (561) 462-2829. The Contact
Person for the Contractor is Tim Parker at (407) 321-1010. 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 Contact Person for attempted resolution or action. The
Contact Persons shall be responsible for overall resolution or action. The Contact Persons
shall be responsible for overall coordination and oversight relating to the performance of this
Agreement.
5. WARRANTY
Contractor shall warrant all striping installed under this Agreement to be free from
any and all defects for a period of one year from the date of delivery to the County.
6. TAXES
The County is exempt from the payment of all sales, use and like taxes. The County's
tax exempt number shall be shown on all purchase orders.
7. TERM
The term of this Agreement shall be from October 1, 2001 to August 30, 2002.
g:\atty\agrumnt\highwcy vclcts
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8. TERMINATION
A. FOR CAUSE
If either party fails to fulfill it's obligations under this Agreement in a timely
and proper manner, the other party shall have the right to terminate this Agreement by
giving written notice of any deficiency and by allowing the party in default ten (10) calendar
days to correct the deficiency. If the defaulting party fails to correct the deficiency within
this time, this Agreement shall terminate at the end of the ten (10) calendar day period. With .
regard to the Contractor, the following shall be considered a default under this Agreement:
(1) Failure to make complete deliveries within the promised time.
(2) Unauthorized substitution or delivery of goods deemed by the County to be
inferior.
(3) Inability of the Contractor to fulfill the terms and conditions of this
Agreement.
B. WITHOUT CAUSE
Either party may terminate this Agreement without cause upon thirty (30)
days prior written notice.
9. INDEMNITY
To the extent of the insurance requirements set forth herein, the Contractor shall
and will indemnify and hold harmless the County from and against any and all liability, claims,
demands, damages, expenses, fees, fines, penalties, suits, proceedings, actions, and costs of
actions, including reasonable attorney's fees of any kind and nature arising or growing out of
or in any way connected with this Agreement except for injuries, damages or claims which are
the result of the primary negligence of the County, its agents, servants, or employees and.for
which the County is legally, directly, and primarily liable. The Contractor hereby
acknowledges that the payments made under this Agreement includes specific consideration
for the indemnification provided herein.
10. INSURANCE
The Contractor shall procure and maintain during the life of this Agreement insurance
of the types and subject to the limits set forth below. The Contractor shall also provide the
g:\atty\agreemnt\highway vo.lcts
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County with evidence of this insurance in the form of Certificates of Insurance which shall
be subject to the County's approval for adequacy.
A. WORKER'S COMPENSATION
The Contractor shall provide and maintain during the life of this Agreement,
at his, its or their own expense, Workers' Compensation insurance coverage to apply for all
employees for Florida statutory limits.
B. COMMERCIAL GENERAL LIABILITY
The Contractor shall provide and maintain during the life of this Agreement,
at his, its or their own expense, Commercial General Liability insurance on an occurrence basis
for a minimum combined single limit of one million dollars ($1,000,000.00) per occurrence, for
claims of bodily injury including death, property damage and personal injury.
C. COMMERCIAL AUTO LIABILITY
The Contractor shall provide and maintain during the life of this Agreement,
at his, its or their own expense, Commercial Auto Liability for claims of bodily injury and
property damage for minimum limits of one million dollars ($1,000,000.00) combined single
limit.
11. AUDIT
The Contractor agrees that the County or any of its duly authorized representatives
shall, until the expiration of three years after expenditure of funds under this Agreement,
have access to and the right to examine any directly pertinent books, documents, papers, and
records of the Contractor involving transactions related to this Agreement. The Contractor
agrees that payment(s) made under this Agreement shall be subject to reduction for amounts
charged thereto which are found on the basis of audit examination not to constitute allowable
costs under this Agreement. The Contractor shall refund by check payable to the County ~he
amount of such reduction of payments. All required records shall be maintained until an audit
is completed and all questions arising therefrom are resolved, or three years after completion
of the project and issuance of the final certificate, whichever is sooner.
g:\atty\agrumnt\highway valets
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12. PUBLIC RECORDS
The Contractor shall allow public access to all documents, papers, letters, or other
material subject to the provisions of Chapter 119, Florida Statutes, and made or received by
the County in conjunction with this Agreement
13. ASSIGNMENT
Contractor shall not assign this Agreement to any other persons or firm without first
obtaining County's written approval.
14. NOTICES
A II notices, requests, consents, and other communications required or permitted under
this Agreement shall be in writing and shall be (as elected by the person giving such notice)
hand delivered by messenger or courier service, or mailed by registered or certified mail
(postage prepaid) return receipt requested, addressed to:
As To County:
With A Copy To:
St. Lucie County Administrator
Administration Building Annex
2300 Virginia Avenue, 3rd Floor
Fort Pierce, Florida 34982
St. Lucie County Attorney
Administration Building Annex
2300 Virginia Avenue, 3rd Floor
Fort Pierce, Florida 34982
As To Contractor:
Highway Valets, Inc.
600 Hickman Circle
Sanford, Florida 32771
or to such other address as any party may designate by notice complying with the terms, of
this Section. Each such notice shall be deemed delivered (a) on the date delivered if by
personal delivery, (b) on the date upon which the return receipt is signed or delivery is
refused or the notice is designated by the postal authorities as not deliverable, as the case
may be, if mailed.
g:\atly\agreemnt\highway volets
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15. INDULGENCE NOT WAIVER
The indulgence of either party with regard to any breach or failure to perform any
provision of this Agreement shall not be deemed to constitute a waiver of the provision or
any portion of this Agreement either at the time the breach or failure occurs or at any time
throughout the term of this Agreement.
16. CONFLICT OF INTEREST
The Contractor represents that it presently has no interest and shall acquire no
interest, either direct or indirect, which would conflict in any manner with the performance
of services required hereunder, as provided for in Section 112.311, Florida Statutes (2000)
and as may be amended from time to time. Contractor further represents that no person
having any interest shall be employed for said performance.
Contractor shall promptly notify the County in writing by certified mail of all potential
conflicts of interest prohibited by existing state law for any prospective business association,
interest or other circumstance which may influence or appear to influence the Contractor's
judgment or quality of services being provided hereunder. Such written notification shall
identify the prospective business association, interest or circumstance, the nature of work
that the Contractor may undertake and request an opinion of the County as to whether the
association, interest or circumstance would, in the opinion of the County, constitute a conflict
of interest if entered into by the Contractor. The County agrees to notify the Contractor
of its opinion by certified mail within thirty (30) days of receipt of notification by the
Contractor. If, in the opinion of the County, the prospective business association, interest
or circumstance would not constitute a conflict of interest by the Contractor, the County
shall so state in the notification and the Contractor shall, at his/her option, enter into said
association, interest or circumstance and it shall be deemed not in conflict of interest with
respect to services provided to the County by the Contractor under the terms of this
Agreement.
17. ATTORNEYS' FEES AND COSTS
In the event of any dispute concerning the terms and conditions of this Agreement in
the event of any action by any party to this Agreement to judicially interpret or enforce this
Agreement any provision hereof, or in any dispute arising in any manner from this
Agreement, the prevailing party shall be entitled to recover its reasonable costs, fees and
expenses, including but not limited to, witness fees, expert fees, consultant fees,
attorney, paralegal and legal assistant fees, costs and expenses and other professional fees,
g:\at1y\agrumnt\highway valets
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costs and expenses, whether suit be brought or not, and whether any settlement shall be
entered in any declaratory action, at trial or on appeal.
18. DISPUTE RESOLUTION
Any disputes relating to a question of fact arising under this Agreement shall be
resolved through good faith efforts upon the part of the Contractor and the County or its
representative. At all times, the Contractor shall carry on the work and maintain its progress
schedule in accordance with the requirements of the Agreement and the determination of the'
County or its representatives, pending resolution of the dispute. Any dispute which is not
resolved by mutual agreement shall be decided by the County or its representatives who shall
reduce the decision to writing.
19. MEDIATION
In the event of a dispute between the parties in connection with this Agreement
other than a question of fact to be resolved as described above, the parties agree to submit
the disputed issue or issues to a mediator for non-binding mediation prior to filing a lawsuit.
The parties shall agree on a mediator chosen from a list of certified mediators available
from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally
by the parties. To the extent allowed by law, the mediation process shall be confidential and
the results of the mediation or any testimony or argument introduced at the mediation shall
not be admissible as evidence in any subsequent proceeding concerning the disputed issue.
20. INTERPRETATION: VENUE
This Agreement constitutes the entire agreement between the parties with respect
to the subject matter hereof and supersedes all prior verbal or written agreements between
the parties with respect thereto. This Agreement may only be amended by written document,
properly authorized, executed and delivered by both parties hereto. This Agreement shall
be interpreted as a whole unit and section headings are for convenience only. All
interpretations shall be governed by the laws of the State of Florida. In the event i~ is
necessary for either party to initiate legal action regarding this Agreement, venue shall be
in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and
the Southern District of Florida for any claims which are justiciable in federal court.
9' \at1y\agrumnt\hi9hway valets
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IN WITNESS WHEREOF, the County has hereunto subscribed and the Contractor
has affixed his, its, or their names. or name.
ATTEST:
WITNESSES:
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g;\atty\agreemnt\highway valets
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLOR!DA
BY:
. -
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CHJ:i. é~
HIGHWAY VALETS, INC.
~~H~-;;R~SENTATIVE
PRINT NAME: ~Þ' ~¿µ
TITLE: ¡) AzÓ//L#"1-
-8-
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SCHEDULE OF PRICES, BID #A1R 00-195
PAY ITEM - DESCRIPTION
PAINTING TRAFFIC STRIPES AND
MARKINGS
6" Skip Stripe, 1:3 Ratio
6" Solid Line
Stop Bars, 2' wide x 24' long
Handicap Stalls w/symbol & Drop-off Lane
Handicap Stalls w/symbol Only
SUBTOTAL PAINTING - $8,700.00
THERMOPlASTIC TRAFFIC STRIPES AND MARKINGS:
4" Skip Stripe, 1:3 Ratio
4" Solid Line
4" Solid Line-For Parking Stalls
6" Skip Stripe, 1:3 Ratio
6" Skip Stripe, 6:10 Ratio
6" Solid Line
8" Solid Line
12" Solid Line
18" Solid Line
SUBTOTAL THERMOPLASTICS - $39,199.75
MISCELLANEOUS ITEMS I OTHER:
Raised Reflective Markers
Remove Raised Reflective Markers
Line Removal, Paint & Thermo, by Grinding
SUBTOTAL MISCELLANEOUS
ITEMS I OTHERS - $8,969.88
TOTAL BID PRICE - $49,999.63
..."
ESTIMATED UNIT PRICE
QUANTITY
5,000 NET LF
10,000 LF
o EACH
o EACH
o EACH
20,000 NET LF $
30,000 LF $
o $
5,000 NET LF $
1,000 NET LF $
20,145 LF $
o $
o $
o $
2507 EACH
2500 EACH
1,000
$ .24/LF
$.115/LF
$50.00/EA
$65.00/EA
$30.00/EA
.48/N LF
.39/LF
.70
.68/NLF
.70/NLF
.55/LF
.78/LF
1.24/LF
1.88/LF
$ 2.84/EA
$ .50/EA
$ .60/LF
TOTAL
PRICE
$1,200.00
$1,150.00
$ 9,600.00
$11,700.00
$3,400.00
$ 700.00
$13,279.75
$ 7,119.88
$ 1,250.00
$ 600.00
TOTAL Bm PRICE IN WORDS - Forty-nine thousand nine tU.'IÐ1dli"ed i'!Iir¡eìY-¡jh:2 anc 75/'1 :::::':::":;
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AGENDA REQUEST
-.,rEM NO. C-5-c.
....
DATE: July 23,2002
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [X]
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY: Purchasinq Department
Michael Rath, Purchasinq Director
SUBJECT: Award of Bid No. 02-083, Re-Roofing of County Facilities
BACKGROUND: On July 10,2002 bids were opened for Re-Roofing of County Facilities (Administration
Building, Rock Road Correctional Facility, State Attorney Empire I and State Attorney Empire II). One
thousand two hundred ninety-five (1295) vendors were notified, thirty-six (36) bid documents were
distributed and six (6) bids were received. The Central Services Department has reviewed the bids
received and recommends that the bid be awarded to the overall total lowest bidder, Therma Seal Roofs,
Inc., in the amount of $667,656. Recommendation and tabulation attached.
FUNDS AVAilABLE: Funds are available in Account Numbers:
316-1931-546200-1536 Central Services, Maintenance Projects, Administration Building
316-1940-546200-1527 Central Services, Maintenance Projects, Rock Road Detention Center
316-1931-546200-1524 Central Services, Maintenance Projects, State Attorney Building
316-1931-546200-1519 Central Services, Maintenance Projects, Empire II Building
PREVIOUS ACTION: N/A
RECOMMENDATION: Staff recommends award of Bid No. 02-083, Re-Roofing of County Facilities to the
overall total lowest bidder, Therma Seal Roofs, Inc., in the amount of $667,656 and authorization for the
Chairman to sign the contract as prepared by the County Attorney.
COMMISSION ACTION:
p\ APPRÓVED [] DENIED
[ ] OTHER:
County AttomeY;(XL_~_~Jl.:[~._
Originating Depl::
Coordination/Signatures
Mgt. & Budget (X) 'bf1J ~,
I
Purchasing Mgr.:(X)
¿12
,
Other:
Other:
Finance: (Check for Copy only, if Applicable)
Eft,1/97
'-"
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t
DEPARTMENT OF CENTRAL SERVICES
MEMORANDUM
TO:
Mike Rath, purchasing Director
FROM:
Ken Hall, projects Coordinator
THROUGH:
Roger Shinn, Director Central Services
DATE:
JUly 15, 2002
SUBJECT:
Re-Roofing of County Facilities
Bid 02-083
********************************************************************
The vendor we recommend from the Tabulation Sheet for this project is the
lowest bid, Therma Seal Roofs, Inc., for $667,656.00. These are the following
funding sources:
$ 75,000.00 (316-1931-546200-1519) state Attorney/Empire II
$ 40,000.00 (316-1931-546200-1524) state Attorney/Empire I
$275,000.00 (316-1931-546200-1536) Admin. Bldg.
$400,000.00 (316-1940-546200-1527) Rock Road Jail
Please process this recommendation accordingly and should you have any
questions, do not hesitate to contact me.
Thank you
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DEPARTMENT OF CENTRAL SERVICES
MEMORANDUM
t"'"
FROM:
Mike. Rath, Purchasing Director
~ Projects Coordinator r2
Roger Shinn, Director Central S~es
TO:
THROUGH:
DATE:
July 15, 2002
SUBJECT:
Re-Roofing of County Facilities
Bid 02-083
********************************************************************
The Vendor we recommend from the Tabulation Sheet for this project is the
lowest bid, Therma Seal Roofs, Inc., for $667,656.00. These are the
following funding sources:
$ 75,000.00 (316-1931-546200-1519) State Attorney/Empire II
$ 40,000.00 (316-1931-546200-1524) State Attorney/Empire I
$275,000.00 (316-1931-546200-1536) Admin. Bldg.
$400,000.00 (316-1940-546200-1527) Rock Road Jail
Please process this recommendation accordingly and should you :..-;ha~ ~ttly
questions, do not hesitate to contact me. -:-i ',,"'"
--:~~: :::.
Thank you
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AGENDA REQUEST
...,
ITEM NO. C-5-D
DATE: July 23, 2002
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [X]
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY: Purchasinq Department
Michael Rath. Purchasinq Director
SUBJECT: Rejection of Bid No. 02-082, Civic Center Roof Top Air Conditioning System Replacement
BACKGROUND: On June 26, 2002 bids were opened for the Civic Center Roof Top Air Conditioning
System Replacement. One thousand seventy-nine (1079) vendors were notified, twenty-five (25) bid
documents were distributed and one (1) bid was received. The Central SerVices Department has
reviewed the bid received and recommends that the bid be rejected as it exceeds the budgeted amount,
that the specifications be reviewed and amended as necessary, and the project be re-bid.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: N/A
RECOMMENDATION: Staff recommends that the sole bid received in response to Bid No. 02-082, Civic
Center Roof Top Air Conditioning System Replacement be rejected, the specifications be reviewed and
amended as necessary, and that the project be re-bid.
COMMISSION ACTION:
~. APPROVED [] DENIED
[ ] OTHER:
Anderson
ty Administrator
Coordination/Signatures
County Attorney. (X) ~ dn O¡)-..-¡
Originating Dept::
Mgt. & Budget
Purchasing Mgr.:(X)
142
Other:
Other:
Finance: (Check for Copy only, if Applicable)
Elf. 1/97
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From:
To:
Date:
Subject:
Don McLam
Michael Rath
Wednesday, July 17,2002 9:37AM
BID #02-082 Civic Center Roof NC
Central Services has reviewed the single bid received and are requesting a rejection of this bid. Please
take to the BOCC July 23rd, Thank you.
Bid came in over budget and as a single bid we have nothing to compare the single bid with, We are
looking at other options along with a possible rebid with a break down of cost.
Again, with the SOCC not meeting until August 13,2002 we need the rejection to go before the SOCC the
23 of July. DON
cc:
Roger A Shinn
"
AGENDA REOUEST
I~l NO. C-6a
DATE: July 23, 2002
REGULAR
PUBLIC HEARING [
CONSENT [ X ]
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY:
OMB
PRESENTED BY: Marie M. Gouin
SUBJECT:
Budget Resolution # 02 - 181 for the St Lucie County Juvenile Mental Health
Grant Renewal.
BACKGROUND:
On July 1,2001 the St. Lucie County was awarded $100,000 for the Juvenile Delinquency
Prevention Program. The funding was applied towards Juvenile Mental Health activities
coordinated by the Kids Connected by Design. In June of 2002, the grant was
automatically renewed for another year by the Department of Juvenile Justice. A budget
resolution is necessary to appropriate and expend the funding beginning on July 1, 2002.
FUNDS WILL BE AVAILABLE: 001278-6420-334204-600 S1. Lucie County Juvenile Mental Health Grant
Program
PEEVIOUS ACTION: N/A
RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Budget Resolution
#Ú2-18I, to appropriate and expend the funds from the SLC Juvenile Mental Health Grant
Program.
COMMISSION ACTION:
~ APPROVED [] DENIED
[ ] OTHER:
~
County Attorney: XX '~/'µ-1I.f
Originating Dept:
Coordination/Silmatures
Manag=ent & Budget: XXC ~j ~PurChasing:
Public Works: Other: Cormnunitv Srvcs copy only XX
Finance: (Check for Copy only, if applicable) XX
G:\Budgel\ WPlAGENDA'S\Agenda02\ n3JuvMenl wpd
~
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RESOLUTION NO. 02-181
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 Florida Dept. of JuveIÙle Justice in form of a $100,000 Juvenile Delinquency Prevention Program Grant.
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 ofSt. Lucie County,
Florida, in meeting assembled this 23rd day of July, 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
001278-6420-334204-600
Dept. of JuveIÙle Justice
$100,000
APPROPRIATIONS
001278-6420-534000-600
Other Contractual Services
$100,000
After motion and second the vote on this resolution was as follows:
Commissioner Doug Coward XXX
Commissioner Cliff Barnes XXX
Commissioner John D. Bruhn XXX
Commissioner Paula A. Lewis XXX
Commissioner Frannie Hutchinson XXX
PASSED AND DULY ADOPTED THIS 23RD DAY OF JULY, 2002.
ATIEST:
BOARD OF COUNTY COMMISSIONERS
ST LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
APPROVED AS TO CORRECTNESS
AND FORM:
COUNTY ATTORNEY
O;\Budget\ WPIAGENDA 'SlAgenda02\ 7'23J uvMent wpd
'-"
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STATE OF FLORIDA
DEPARTMENT OF JUVENILE JUSTICE
June 14, 2002
Frannie Hutchinson
St. Lucie County Board of County Commissioners
2300 Virginia Avenue
Fort Pierce, FL 34982-5652
.~,
..
r ' !~'~f;;~=' O~ '
ì f\~W,c:'Ël,t~;·r:r_~ 2'JD~i
Subject: Grant # Q2044
2 A 2002
..~
'c···· LUC',::: C,:,L¡;·jT\' FL02.,ùA _,
-_.~.-_._--
Dear Ms. Hutchinson:
The Governor's Juvenile Justice and Delinquency Prevention State Advisory Group (SAG)
reviewed your grant for renewal. The SAG has recommend that the Department of Juvenile
Justice renew your grant renewal. The Department will review the SAG recommendations
and make the final decision regarding renewal. You must comply with all grant requirements
for the duration of the grant. Your grant is subject to termination as stated in the grant.
Your agency should continue to target youth that reside in high crime neighborhoods and
school-aged youth most likely to enter or re-enter the juvenile justice system.
Please sign the enclosed renewal form and grant amendment. Also, you must submit a
budget summary and budget narrative to reflect the renewal amount with the signed forms to
the Department by June 21, 2002 for the final consideration of the Department. If the
Department agrees to the renewal, a copy will be forward to your agency.
If you have any questions, please contact me Joyce Wilson at (850) 921-5210.
~l~
Assistant Secretary for Prevention and Victim Services
Cc: Paula Friedrich, Delinquency Prevention Specialist
File
L,-~"\"-O;)...
Q..Q..:. ~ 0 e.. ~
e-c . f\&'('I'\ .
c:o.f>..~ ~
lc~ l~~
2737 CENTERVIEW DRIVE
JEB BUSH, GOVERNOR
TALLAHASSEE, FLORIDA 32399-3100
W. G. "BILL" BANKHEAD, SECRETARY
'-'
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DEP ARTMENT OF JUVENILE JUSTICE
GRANT RENEWAL FOR GRANT Q2044
THIS RENEWAL is entered into between the State of Florida, Department of Juvenile
Justice, hereinafter referred to as the "department", and St. Lucie County Board of
County Commissioners hereinafter referred to as the "grantee". .
The Department and the Grantee, on July 1 2001 entered into a grant to provide
community prevention services to target identified community needs to mobilize
community wide support and implement programs to address youth that resign in high
crime neighborhoods and school-aged youth most likely to enter or re-enter the juvenile
justice system. Each youth must meet at least three of the following four risk factors:
1) Significant family problems;
2) Significant problems at school;
3) Pattern of substance abuse, including drugs, alcohol or smoking cigarettes; and
4) Pre-delinquent behavior as evidenced by gang membership, or chronic running
away.
The grant has a renewal clause [Page 7, Grant Conditions (39)] which provides for a
renewal if mutually agreed to by both parties and subject to the same terms and
conditions of the original grant.
The department is exercising its option for the 1 st renewal to this grant in the amount of
$100,000.00.
This renewal shall begin on July 1, 2002 an9 end on June 30, 2003.
All terms and conditions of said original Grant and any supplements and amendments
thereto shall remain in force and effect for this renewal.
IN WITNESS WHEREOF, the parties have executed this Renewal by their undersigned
officials as duly authorized. .
GRANTEE
St. Lucie County Board of
County Commissioners
SIGNEDBY -I]')L ~
NA]ŒE: Douglas Coward
STATE OF FLORIDA,
DEP ARTl\'lENT OF JUVENILE JUSTICE
SIGNED BY:
NA]ŒE:
Francisco J. Alarcon
TITLE:
Chairman
TITLE:
Deputy Secretary
DATE:
6-25-02
DATE:
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i
STATE OF FLORIDA
.
DEPARTMENT OF JUVENILE JUSTICE
July 3,2002
"" .
~ ("'1;-.-,.-.....:. ~:~;. ---.- u -- _
¡ II.~P!.¿\G':~~i:ji.':':'J87;i
Delinquency Prevention Providers:
I I 0 2C:-2
f ~":~ LLC:: ..: _ ,
,
~--_.._-_._-
Congratulations on your FY 2002-2003 DJJ grant awards! As we begin the new fiscal year, I
would like to take the opportunity to communicate the importance of several issues. Bringing
forth these issues at the beginning of the fiscal year will assist in the understanding of some
of the department's expectations.
The first issue I need to address is that of data submission. According to Florida Statute
985.3045 (3) (C) "all entities that receive or use state moneys to fund the juvenile
delinquency prevention services through contracts or grants with the department shall, as a
condition of receipt to state funds, provide the department with personal demographic
information concerning all participants receiving services to allow the department to verify
criminal or delinquent history information, school attendance or academic information,
employment information, or other requested performance information".
With the advent of the Juvenile Justice Information System Prevention Web site, all providers
are expected to enter data on youth minimally once a month. The department will monitor
data input of each program monthly before payment for prior month's funding is made. This
will include review by local Delinquency Preventiçm Specialist as well as oversight by DJJ staff
in Tallahassee. The department will exercise its rights to withhold payments to programs that
do not submit data until such time acceptable data is inputted as outlined in the DJJ grants
"Terms and Conditions".
A second critical issue is that of serving the number of youth as outlined in the approved grant
application. Your grant was recommended for a set-funding amount based on both the
services to be provided and the number of youth to be served. In order to be in compliance
with your approved grant, it is imperative that programs serve those numbers approved in the
application. For new programs with extenuating circumstances there is an amendment
process in place to possibly adjust the number of youth served based upon prior approval by
the department. Many times our staff can assist new programs that are struggling to meet
their grant/contracted-obligated youth served numbers. So please contact your local
Delinquency Prevention Specialist early in your programs' development if you are having
problems with meeting the number of youth you are required to serve.
~ .'",
It is important to refer to the grants Terms and Conditions and review the policy on Grant
Amendments, Data Collection and Termination. I have attached excerpts from the "Terms
and Conditions as well as F.S 985.3045.
"",.-
2737 CENTERVIEW DRIVE
JEB BUSH, GOVERNOR
TALLAHASSEE, FLORIDA 32399-3100
W. G. "BILL" BANKHEAD, SECRETARY
I·
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~~'-
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Thank you for your commitment to work with the department in reducing juvenile crime. We
appreciate your cooperation in this endeavor and look forward to reaching the goal of 100%
youth utilization rate statewide.
I.·..~· ~
;-. /~ I
I' Rod Love ~
Assistant Secretary
.~. Prevention and Victim Services
'l; CC: Secretary W. G. "Bi"" Bankhead
-. Deputy Secretary Francisco Alarcon
Circuit Delinquency Prevention Specialist
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Attachment
985.3045 Prevention service program; monitoring; report; uniform performance
measures.--
(a) All entities that receive or use state moneys to fund juvenile delinquency prevention
services through contracts or grants with the department shall design the programs providing
such services to further one or more of the strategies specified in paragraphs (2)(a)-(d).
(b) The department shall develop an outcome measure for each program strategy specified
in paragraphs (2)(a)-(d) that logically relates to the risk factor addressed by the strategy.
(c) All entities that receive or use state moneys to fund the juvenile delinquency prevention
services through contracts or grants with the department shall, as a condition of receipt of
state funds, provide the department with personal demographic information concerning all
participants in the service sufficient to allow the department to verify criminal or delinquent
history information, school attendance or academic information, employment information, or
other requested performance information,
Terms and Conditions:
,
Grant Amendments
Grants may be amended with adequate justification. Amendments are effective on the last
date signed and will not be made retroactive. Grantee shall obtain prior written approval
from the grant manager for changes in the grant including but not limited to:
a) Changes in project activities; designs or research plans set forth in the approved grant.
b) Budget modifications may be accomplished with the proper grant amendment form and a
written request. The modification shall have supporting justification. The grant manager
will reject justification if unsatisfactory. The grant amendment is contingent upon the
approval of the grant manager.
c) Under no circumstances can transfer of funds increase the total approved award.
Ten percent (10%) or $1 ,000 may be modified without grant manager approval
within/between already approved budget categories once during a six-month period. The
grant manager must be notified within (30) days in writing of the budget changes.
Data Collection
The provider will collect client specific data on all youth served in the program. The
provider will enter data into the Juvenile Justice Information System (JJIS) Prevention
Web. The JJIS Prevention Web requires the provider to have a computer with dedicated
phone line, Each youth will also be screened to determine whether the youth meets the
goals of the DJJ Delinquency Prevention Plan. All information on youth will be collected in
hard copy format until the provider is connected to the JJIS Prevention Web. Failure to
comply with reporting requirements will result in non-payment or termination of the
grant.
'-'
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Termination
Termination for Convenience: This grant may be terminated by the grantee upon no less
than thirty (30) calendar days notice, without cause, at no additional cost, unless a
different notice period is mutually agreed upon by both parties. The grantee must be
operating in a state of compliance with the terms and conditions of the grant at the time
the notice is issued and must remain compliant for the duration of the performance period.
The grant may be terminated by the Department upon no less than thirty (30) days' notice,
without cause, at no additional cost, unless the parties mutually agree upon different
notice period.
t
\
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t
Termination for Default: Unless the department waives the grantee's breach is writing, the
department may, by written notice to the grantee, terminate this grant upon notice. Waiver
of breach of any provisions of this grant shall not be deemed to be a waiver of any other
breach and shall be construed to be a modification of the terms of this grant. The
provisions herein do not limit the department's right to remedies at law or to damages.
All termination notices shall be sent by certified mail, or other delivery service with proof of
delivery.
Xi'
.;
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i
~
AGENDA REQUEST
ITl!IIt NO. C- 6b
DATE: July 23,2002
REGULAR []
PUBLIC HEARING [ ]
CONSENT [ X ]
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY:
OMB
PRESENTED BY: Marie M. Gouin
SUBJECT:
Request for permission to advertise a public hearing to accept the Local
Law Enforcement Block Grant 2002 (LLEBG).
BACKGROUND:
St. Lucie Sheriffs Office applied for and was awarded $63,926 for the Local
Law Enforcement Block Grant. Granting agency requires a public hearing
to be held regarding the proposed use of grant funds within 45 days from
the date of award, which in 2002 is the 3rd of July. A budget resolution for
this pass-through grant will be presented during the public hearing.
FUNDS WILL BE AVAILABLE: N/A
PREVIOUS ACTION: On June 25, 2002, the St. Lucie BOCC approve LLEBG application.
RECOMMENDATION: Staff recommends that the St. Lucie Board of County Commissioners approve
request for permission to advertise a public hearing for the acceptance of the
LLEBG 2002 Grant.
¡)Q APPROVED [] DENIED
[ ] OTHER:
COMMISSION ACTION:
Doug Anderson
County Administrator
County Attorney: XX ')~b t)r'M
Originating Dept: XX
Coordination/Sionatures
Management & Budget: ;o(~tt!i mrn;urChasing:
V
Public Works: Other:
Finance: (Check for Copy only, if applicable) XX
G:\Budget\ Wl'IAGENDA 'S\Agenda02\ 7'23u.BG _Grant wpd
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...."
MEMORANDUM
FROM:
Chief Deputy Garry Wilson, St. Lucie County Sheriff
r 'y
í M~~~~~c'.
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;
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TO:
Mika Goriewicz, Budget Analyst
St. Lucie County Management & Budget Department
b (!'i J
k---
m: WCŒ COUi,W rLVI".¡i.I",
DATE:
July 15, 2002
SUBJECT: St. Lucie County Commission Meeting - Agenda Request for July 23,2002,9:00
a.m.
Commission Approval to:
. schedule a Public Hearing on August 13, 2002, 9:00 a.m., as required by U.S.
Department of Justice, Bureau of Justice Assistance for our 2002 Local Law
Enforcement Block Grant Application. *This application was approved by
the commission on June 25, 2002.
Application Award Amount: $63,926
Agency Required Match: $ 7.103
Total Project Cost: $71,029
Special Condition/Requirement: Each jurisdiction must hold at least one public hearing
regarding the proposed use of funds prior to the obligation of funds. Jurisdictions should
encourage public attendance and participation.
Program Area: Procurement of equipment, technology, and other material directly related to basic
law enforcement functions.
Use of Funds: The St. Lucie County Sheriffs Office will use this funding to expand our current
wireless communications network by 19 users and purchase new or replacement computer related
hardware, software, equipment, and/or supplies.
Our Grant Administrator, William R. Simon, will function as the Primary Point of Contact for our
agency with the U.S. Department of Justice/Office of Justice Programs. It is our
understanding that Maria Gorniewicz will function as the Jurisdiction Contact between the
County and OJP.
Upon approval by the B.O.C.C. the County Administrator should direct Maria Gorniewicz to
request and authorize a draw-down of funds. Prompt attention to this matter will assure our
meeting the submission deadlines. If you have any questions, please contact Mr. Simon at
462-3359 (office) or 489-5660 #108 (pager).
Award Overview
'-'
rage 1 or 1
RFD
Grant Chanqes
Reports
...."
8
Correspondence ISwitch to... ~
Application
Award
Award Handbook
Overview
Review CEO
lnformation
Accept A ward
View Award Document
Financial Institution
Information
Decline A ward
HelplFrequently Asked
Ouestions
LLEBG Home
Log-Off
Overview
The Award Tab allows you to accept your FY 2002 LLEBG Award. You are able to
accept or decline your award and print the formal award documents for your records.
To ensure that the jurisdiction and CEO information provided during the application
process is current and accurate, please verify the information on the following
screens.
The award date of your FY 2002 award is 03-JUL-2002, and it is now ready for your
acceptance.
You have 45 calendar days to accept this award and 90 calendar days to complete
the Request for Drawdown (RFD) process.
FY 2002 LLEBG Award Information
FY 2002 LLEBG Final Award Amount"
This amount reRects the final award amount for FY $ 63,926.00
2002 plus any needed adjustment to the FY 2001
Award amount
Matching Amount $
7,103.00
Please click on the Contjnue button to review your CEO information, view the award
documents, and accept the award. If you choose to decline your award, please skip
to the Decline Award step on the left.
Continue I
httPs:/jgrants.ojp.usdoj .gov:8004/gms _ user/plsqVaward.overview?p _ bgid=4
7/11/2002
LLEBG Correspondence Handbook
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~I~l ~ FY 2002 Local Law Enfor~ement Block Grants Program G:._·"·'·~
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LLEBG Home
Log-Off
Message Created: 11-JUL·02
From: ojp@ojp.usdoj.gov
CC:
Subject: Award Approval Notification.
Message: Congratulations! Your Award for the FY 2002 Local Law Enforcement 81,
Grants (LLEBG) Program has been approved by the Bureau of Justice
Assistance (BJA).
You have 45 calendar days from the date on your Award to review and ê
this Award. All Awards not accepted within this 45 day period will be
deobligated and funds will be redistributed among FY 2003 eligible appli.
during the next LLEBG funding cycle.
To accept your award, go to
http://grants,ojp.usdoj.gov:8003/gms/plsql/llebgJog in .lIebg_main and lo~
using your user id and password.
You have 90 calendar days from the date on your Award to submit your
Request for Orawdown, Any funds not drawn down within this 90 day pel
will be deobligated and funds will be redistributed among FY 2003 eligibl
applicants during the next LLEBG funding cycle.
Again, please do not reply directly to this message as your reply will not
us.
Back I
https:llgrants.ojp.usdoj,gov:8004/gms_ user/plsql/llebg_ app,show _ mail?p _ note=91200&p _I... ï /11/2002
"""
....,
NOTICE OF PUBLIC HEARING
TO BE HELD ON
AUGUST 13, 2002
9:00 AM
ST. LUCIE COUNTY
ROGER E. POITRAS
ADMINISTRATIVE ANNEX BUILDING
COMMISSION CHAMBERS
2300 VIRGINIA AVENUE
FORT PIERCE, FLORIDA
FOR THE ST. LUCIE COUNTY
BOARD OF COUNTY COMMISSIONERS
TO CONSIDER AMENDING FISCAL YEAR 2001-2002
BUDGET
BY
BUDGET RESOLUTION NO. 02 -187
THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS IS HOLDING A PUBLIC
HEARING TO INCREASE CERTAIN BUDGETARY FUNDS AS FOLLOWS:
INCREASE FINE AND FORFEITURE FUND BY APPROPRIATING $63,926 FROM THE U.S.
DEPARTMENT OF JUSTICE FOR THE LOCAL LAW ENFORCEMENT BLOCK GRANT TO BE
USED FOR THE EXPANSION OF THE CDPD WIRELESS COMMUNICATIONS NETWORK. THE
TOTAL BUDGETARY FUND WILL INCREASE FROM $48,373,203 TO $48,437,129.
TO BE PUBLISHED ON: SATURDAY, AUGUST 10, 2002
G:\Budge~ WP\AGENDA 'S\Agenda02\ 7'23LLBG _Grant wpd
"""'
RESOLUTION NO. 02-187
...",
THE RESOLUTION WILL INCREASE
THE FINE AND FORFEITURE FUND
WHEREAS, the Board of County Commissioners of St. Lucie County (Board) has made the following determ ination:
1. The terms of the U.S. Department of Justice Local Law Enforcement Block Grant award document
require a public hearing to be held prior to the acceptance of the grant funds, and
2. On August 10th, 2002, legal notice of public hearing was published in The Fort Pierce Tribune
pursuant to Chapter 129.06, Section (2) (f), Florida Statues for the purpose of setting the time, da El, placeþFthe public
hM~g~d /
4. The resolution will increase the Fine and Fort eiture Fund.
3. On August 13, 2002 a public hearing was held to accept comm
amendment to the Budget for the Board for Fiscal Year 2001-2002, and
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commission
The following budgetary fund is hereby increased for the Fiscal Year 2001-200
REVENUES
107128-2110-331210-200
$63,926
APPROPRIATIONS
107128-2110-591900-200
$63,926
After motion and second the v
PASSED AND DULY AO.OPTED THIS
ATTEST:
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COUNTY ATTORNEY
G :\Budget\ WP\AG EN DA'S\Agenda02\8'¡ J LLBG _ GranL wpd
...
AGENDA REOUEST
11~ NO. C- 6c
DATE: July 23, 2002
REGULAR
PUBLIC HEARING [ ]
CONSENT [ X ]
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY:
OMB
PRESENTED BY: Marie M. Gouin
SUBJECT:
Budget Resolution # 02 - 180 for the Process Servers Certification Fees
BACKGROUND:
On May 16, 2002, the 191h Circuit Court issued Administrative Order 2002-08 to address
the matters regulating the appointment and certification of process servers. This Order
establishes a $75 non-refundable process fee that applicants seeking appointment as
process servers will be required to pay. The fees will be used for the Courts
Administrations Office Supplies account. A budget resolution is necessary to appropriate
and expend the fees.
FUNDS WILL BE AVAILABLE: 183-601-329001-6000 Court Administration Certification Fees
PREVIOUS ACTION: N/A
RECOMMENDA nON: Staff recommends that the Board of County Commissioners approve Budget Resolution
#02-180, to appropriate and expend the funds from the Process Servers Certification Fees.
[~APPROVED [] DENIED
[ ] OTHER:
COMMISSION ACTION:
Coordination/Signatures
County Attorney: XX .}ts In 0 f'¡£, Management & Budget: ~ mff\.~hasing:
Originating Dept: Public Works: Other:
Finance: (Check for Copy only, if applicable) XX
G:\Budget\WP\AGENDA'SlAgenda02\ 7'23ProcServ. wpd
'-"
RESOLUTION NO. 02-180
'wtII
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 collection of Process Server Certification Fees based on the 19th Circuit Court Administrative Order
2002-08.
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 ofSt. Lucie County,
Florida, in meeting assembled this 23rd day of July, 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
183-601-329001-600
Certification Fees
$2,000
APPROPRIATIONS
183-601-551000-600
Office Supplies
$2,000
After motion and second the vote on this resolution was as follows:
Commissioner Doug Coward XXX
Commissioner CliffBames XXX
Commissioner John D. Bruhn XXX
Commissioner Paula A. Lewis XXX
Commissioner Frannie Hutchinson XXX
PASSED AND DULY ADOPTED THIS 23RD DAY OF JULY, 2002.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
APPROVED AS TO CORRECTNESS
AND FORM:
COUNTY ATTORNEY
G :\Budgct\ WPIAGENDA 'SlAgcnda02\ 7'23ProcServ. wpd
.....,
INTER-OFFICE
MEMORANDUM
'. i ',....
1,:
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2002-130
TO: Chris Hartley, Finance Director, St. Lucie County
FROM/h Willis, Court Administrator
DATE:
June 17,2002
RE:
Process Server
Attached is the first of many checks we will be receiving from certified process servers as
they renew or apply for their certification.
Also attached is a copy of Administration Order 02-08 which indicates payment to be
made payable to the Board of County Commissioners rather than to the Clerk of Court and that
these monies be deposited into the Court Administration office supplies fund.
THW/ds
cc Marie Gouin, Office of Management and Budget Director
Attachment: Check
Thomas H. Willis, Court Administrator . 229 Courthouse Addition, 218 South Second St., Fort Pierce, Florida 34950 . (561) 462-1472
'-r
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IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, IN AND FOR
INDIAN RIVER, MARTIN, OKEECHOBEE, AND SAINT LUCIE COUNTIES,
FLORIDA.
ADMINISTRATIVE ORDER 2002-08
IN RE: APPOINTMENT OF CERTIFIED PROCESS SERVERS
Effective immediately this Administrative Order replaces the Amended Administrative
Order 97-16, entered on September 3,1997.
WHEREAS, sections 48.27 through 48.31, Florida Statutes (2001), authorize the ChiefJudge
of each Judicial Circuit to qualify, appoint, and remove certified process servers in the respective
Circuit, therefore, it is:
ORDERED AND ADJUDGED that pursuant to the authority vested in me as Chief Judge
of the Nineteenth Judicial Circuit of Florida, there shall be established an approved list of certified
process servers for service of process within the Nineteenth Judicial Circuit, pursuant to section
48.27, Florida Statues (2001), who may be chosen by counsel, pursuant to the following
requirements:
I.
QUALIFICATIONS OF CERTIFIED PROCESS SERVERS
TO BE INCLUDED ON THE APPROVED LIST
The prospective certified process server must meet and comply with the following
requirements:
a. Be at least 18 years of age;
b. Have no mental or legal disability;
c. Be a permanent resident of the State of Florida;
d. Never have been convicted, had adjudication of guilt withheld, or have been placed
on pre-trial intervention for any felony; nor within the five years preceding application, have been
convicted of a misdemeanor involving moral turpitude or dishonesty. The applicant will submit to
a background investigation, which shall include the right to obtain and review criminal records of
the applicant;
e. File with the Court Administrator's Office, proof of successful completion of an
1
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approved Process Server's Education Class offered through Indian River Community College. The
applicant will be required to successfully complete the class and pass a required test. Documentation
of the successful completion of this class shall be placed in the applicant's file. If deemed necessary
the Chief Judge may require the applicant to re-take and successfully complete the process server's
education class before renewing their certification;
f. Execute a bond in the amount of $50,000.00, with a surety company authorized to
do business in this State, for the benefit of any person or persons wrongfully injured by any
malfeasance, misfeasance, neglect of duty, or incompetence in connection with his or her duties as
a process server, with said policy to remain in effect as long as the certified process server is
authorized to act;
g. The applicant must file with the Court Administrator's Office an oath of office that
he or she will honestly, diligently, and faithfully exercise the duties of a certified process server.
n.
APPLICATION FOR APPOINTMENT
Any indi vidual seeking appointment as a certified process server under this order, shall make
his or her request for such appointment to the Chief Judge of the Nineteenth Judicial Circuit. The
application must be filed with the Court Administrator, and shall include the following information
and documentation:
a. The applicant's name, date of birth, social security number, and other identifying
information;
b. The applicant's address and telephone number;
c. Information regarding the existence of any mental or legal disabilities, felony
convictions or adjudications of guilt withheld, or pre-trial intervention agreements,
misdemeanor convictions, and pending criminal charges;
d. Three letters of recommendation attesting to the applicant's sound moral character;
e. A signed copy of the Nineteenth Judicial Circuit's "Statement of Policy Regarding
Conduct of Certified Process Servers;"
f. Each applicant shall include a $75.00 non-refundable process fee payable to the
Saint Lucie County Board of County Commissioners for deposit in the office
2
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supplies fund of the Court Administration Budget and a $15.00 money order payable
to the Florida Department of Law Enforcement, for the applicant's background check.
Said fees shall be forwarded to the Saint Luciè . County Board of County
Commissioners, and the Florida Department of Law Enforcement by the Court
Administrator, if the application meets the requirements set forth herein. If the
application fails to meet the requirements, the fees shall be returned to the applicant
with a written description of any deficiencies; and
g. Release of information.
III.
BACKGROUND INVESTIGATION OF CERTIFIED PROCESS SERVERS
Upon receiving an application, the Court Administrator's Office will request from the Florida
Department of Law Enforcement, a criminal records check ofthe applicant. The investigation will
include but is not limited to, a check of the records, and may include a request for fingerprints. The
Florida Department of Law Enforcement will advise the Court Administrator of the results of the
background investigation. The investigation by the Florida Department of Law Enforcement does
not imply or create any right of control by the Department over the certified process server. Neither
the Florida Department of Law Enforcement, the ChiefJudge, nor the Court Administrator, by virtue
of this order, shall bear any civil liability for a certified process server's actions.
IV.
APPOINTl\'lENT
Upon the filing of the application and all supporting documents in proper form, Court
Administration will submit the application to the Chief Judge. The Chief Judge will review the
application and enter the appropriate order. Tfthe application is granted, the applicant's name shall
be added to the list of certified process servers. The Court Administrator and each Clerk of the Court
for Indian River, Martin, Okeechobee, and Saint Lucie Counties, shall maintain a current list of the
certified process servers for the Nineteenth Judicial Circuit.
The Court Administrator's Office shall issue an identification card to each certified process
server bearing his or her identification number, printed name, signature, photograph, and an
3
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expiration date. The identification card shall be worn or displayed when the process server is
engaged in the service of process in the Nineteenth Judicial Circuit.
V.
PERIOD OF APPOINTMENT
Any authority granting the application for a certified process server under this Order, shall
be valid for a period of one year, subject to annual renewal as herein provided. If at any time, the
certified process server is arrested or has pending criminal charges, he or she shall immediately
notify the Court Administrator of this fact, shall surrender his or her identification card, and shall
temporarily cease serving process pending the disposition of the charged offense(s). Once the charge
has been disposed of, the process server shall provide to the Court Administrator, a certified copy
of the court record which demonstrates the disposition of the case. The process server's certification
may be terminated as set forth in Article IX, or reinstated. To ensure that records are current, the
certified process server shall notify the Court Administrator's Office of any change in address or
telephone number.
VI.
RENEWAL
Pursuant to section 48.27(1), Florida Statutes, each person whose name has been added to
the approved list, is subject to annual re-certification and reappointment by the Chief Judge. Persons
appointed under this Order may apply for a one year renewal of appointment prior to, or upon,
expiration of the one year period set forth in Article V above. Said request for renewal shall contain
all information and fees as required for the original application, except that it shall not be necessary
to provide proof of successful completion of the Process Server's Education Class with each annual
renewal. The Court Administrator shall request the Florida Department of Law Enforcement to
complete a background check to determine the applicant's continued eligibility to serve as a certified
process server. Upon compliance with this renewal application procedure and the filing of all
supporting documents in proper form, the Chief Judge will enter an order either granting or denying
the application. Failure to renew the certification promptly and properly, shall cause the name of
the certified process server to be automatically removed from the list and such person shall lose all
4
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standing as a certified process server until such time as standing is re-established. The process server
should make application for re-certification prior to the expiration of the one year period in order to
ensure continual appointment.
VII.
MAINTENANCE OF APPROVED LIST AND RELATED MATTERS
The Court Administrator and the respective Clerk of the Court for Indian River, Martin,
Okeechobee, and Saint Lucie Counties shall maintain for public inspection, a current list of all
persons authorized to act as certified process servers in the Nineteenth Judicial Circuit pursuant to
the Order of Appointment signed by the Chief Judge.
The Court Administrator shall be responsible for keeping the list current by the addition or
deletion of names as necessary. The Court Administrator shall immediately inform the Clerks of the
changes to be made to their lists.
The Court Administrator shall maintain for public inspection a file containing copies of all
approved applications, a file containing all orders appointing individuals to the approved list of
certified process servers, a file containing all orders denying appointment, and a file containing all
orders removing individuals from the approved list of certified process servers.
VIII.
RETlJR.¡'f OF SERVICE FORi'1
Pursuant to section 48.29( 6)(b), Florida Statutes, return of service shall be made by a certified
process server on a form which the court has reviewed and approved. A copy of a return of service
form which has been reviewed and approved by the Chief Judge, is attached to this order.
IX.
REMOVAL FROM THE LIST OF CERTIFIED PROCESS SERVERS
A certified process server may be removed from the list of duly authorized certified process
servers, for any malfeasance, misfeasance, neglect of duty, or incompetence, for any felony
conviction, having had adjudication of guilt withheld or having been placed in pre-trial intervention
for any felony or for a misdemeanor conviction involving moral turpitude or dishonesty. No person
shall act as a certified process server unless such person's name appears on an approved list of
5
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natural persons designated as certified process servers. A Nineteenth Judicial Circuit certified
process server may have his or her certification revoked as follows:
a. Any person aggrieved by a wrongful act or omission of duty by a certified process
server in any connection with his or her service, or any other interested person, may file a letter of
complaint with the Chief Judge of the Nineteenth Judicial Circuit, describing such wrongful act or
omission, or the basis of the complaint.
b. Upon receipt of such letter of complaint or on the Chief Judge's own motion, an Order
to Show Cause which sets forth the grounds for the suggested removal may be directed to the
certified process server. The Order will be sent by ordinary United States mail to the process server's
address set forth in the process server's application, and will require that the process server appear
before the Chief Judge at a set time and place, to show cause why he or she should not be removed
from the list of certified process servers. Notice also shall be given to the complainant. The Chief
Judge shall conduct the Order to Show Cause hearing, at which time the complainant and the
certified process server may appear and offer evidence. The hearing shall be summary in nature, and
the formal rules of evidence shall not apply. If, from the evidence, the Chief Judge finds the process
server guilty of malfeasance, misfeasance, neglect of duty, or incompetence, the Chief Judge may
suspend the process server for a period not to exceed ninety days or may revoke the prior
certification and order the process server be removed from the list. If the letter of complaint alleges
criminal activity on the part of the process server, the Chief Judge may also refer the matter to the
Office of the State Attorney for prosecution.
X.
RE-APPLICA nON AFTER REMOVAL
A certified process server whose certification has been revoked by the Chief Judge for any
reason, from the list of duly authorized certified process servers, may not re-apply for certification
as a process server, until five years has elapsed since the date of removal. The time period shall be
calculated from the day of the removal from the list of certified process servers.
Before being considered for reinstatement, each person must meet and comply with the
qualifications set forth in Article I, "Qualifications of Certified Process Servers To Be Included On
the Approved List." The petition for reinstatement shall be made to the Chief Judge and shall be
filed with the Court Administrator. Said application must contain the documentation set forth in
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Article II, "Application for Appointment." In addition, the application for reinstatement must set
forth: a.) the reason the person was removed from the list of authorized certified process servers;
and b.) good cause why the petition for reinstatement should be granted.
No person shall be reinstated if the Chief Judge finds that the person has failed to
demonstrate that he or she has been rehabilitated. Upon reinstatement, the person's name shall be
included on the current list of the certified process servers of the Nineteenth Judicial Circuit. The
Court Administrator's Office shaIl issue an identification card to each re-instated certified process
server, bearing his or her identification number.
XI.
DATE OF EFFECT
A process server duly appointed and acting within the Nineteenth Judicial Circuit, pursuant
to Amended Administrative Order 97-16, shaIl hereby remain certified and in good standing, unless
such process server has been removed from the list and has not been reinstated, or has not renewed
his or her certification. AIl other requirements of this Order shaIl become effective for all process
servers on the date that it is signed by the Chief J
DONE AND ORDERED this
Lucie County, Florida.
7
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AGENDA REQUEST
I~ NO. C- 6d
DATE: July 23,2002
REGULAR []
PUBLIC HEARING [ ]
CONSENT [ X ]
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY:
OMB
PRESENTED BY: Marie M. Gouin
SUBJECT:
Budget Resolution # 02 -185 for the Urban and Community Forestry
Grant.
BACKGROUND:
The Urban and Community Forestry Grant from the Florida Department of
Agricultural and Consumer Services will provide $7,000 for the improvement of the
S1. Lucie County Work Farm nursery. A budget resolution is necessary to
appropriate and expend the grant funds.
FUNDS WILL BE AVAILABLE:
001279-3920-334900-300 Urban and Community Forestry Grant
PREVIOUS ACTION: On June 25, 2002 the S1. Lucie Board of County Commissioners approved grant
contract with the Florida Department of Agricultural and Consumer Services.
RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Budget
Resolution #02-185, to appropriate and expend the funds from the Urban Forestry
Grant 2001.
COMMISSION ACTION:
ug Anderson
County Administrator
rXI APPROVED [] DENIED
[ ] OTHER:
County Attorney: XX 1\',:, +- r'),{I'l
Originating Dept:
Coordination/Sianatures
Management & Budget: ~~ ('{JJl~urchaSing:
Public Works: Other:
Finance: (Check for Copy only, if applicable) XX
G:\Budget\ WPlAGENDA 'S\Agend.a02\ 7'23 UrbForurant wpd
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RESOLUTION NO. 02-185
....J
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 Florida Dept. of Agriculture and Consumer Services in form of a $7,000 Urban Forestry Grant.
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 23rd day of July, 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
001279-3920-334900-300
Other State Grants
$7,000
APPROPRIATIONS
001279-3920-547005-300
001279-3920-551100-300
001279-3920-551200-300
001279-3920-552000-300
Printing & Binding - Material Center
Small Tools
Equipment <$750
Operating Supplies
$1,000
$1,150
$300
$4,550
After motion and second the vote on this resolution was as follows:
Commissioner Doug Coward XXX
Commissioner Cliff Barnes XXX
Commissioner John D. Bruhn XXX
Commissioner Paula A. Lewis xxx
Commissioner Frannie Hutchinson XXX
PASSED AND DULY ADOPTED TIDS 23RD DAY OF JULY, 2002.
AITEST:
BOARD OF COUNTY COMMISSIONERS
ST LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
APPROVED AS TO CORRECTNESS
AND FORM:
COUNTY AITORNEY
G:lBudgetl WPIAGEN DA 'SlAgenda021 7'23 UrbF or<:ìrant. wpd
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Florida Department of Agriculture and Consumer ~ices
CHARLES H. BRONSON, Commissioner
The Capitol · Tallahassee, FL 32399-0800
Pleaße Respond to:
FM
CFA
U&CF
Division or FDI"e3try
Forejt "'hnJlg~ment Bureau
JI25 Conne, Blvd. C.ZS
T.llahassee. FL 32J99-1650
Telepbone: i850) 48&-6611
FAX: (850) 921-óT.!4
June 3, 2002
Ms. Amy Matt
Resources Protection Coordinator
St. Lucie County
2300 Virginia Avenue
Fort Pierce, FL 34982
Dear Ms. Amy Mott:
This letter concerns the 2001 Urban and Community Forestry (U&CF) Grant awarded to
St. Lucie County by the Department of Agriculture and Consumer Services. Attached are three
originals of the U &CF Grant Memorandum of Agreement between the Department of
Agriculture and Consumer Services and St. Lucie County for application #01-49. Do not fill in
àny of the dates, that part of the Agreement will be completed by the Department of
Agriculture and Consumer Services. After carefully reading the agreement, please have all
three originals signed by an authorized representative of St Lucie County and return all
originals by July 29,2002 to:
Mike Humphrey
Urban Forestry Coordinator
Department of Agriculture and Consumer Services
3 I25 Conner Boulevard, Room 255
Tallahassee, FL 32399-1650
As is stipulated in the U&CF Grant Memorandum of Agreement, the award shall be
forfeited unless this agreement is signed by the grantee and received by the Department on or
before the above date. When all originals have been signed and returned to this office, you will
be sent:
(1) A fully-executed original of the Grant Agreement
(2) A letter authorizing you to begin work on the project
(3) Instructions on how to file for reimbursement.
,\1//
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F1ì'frfda .
Florida :\9:riculture and Forest Products
).53 B~¡llion for Florida's Econom,·
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Please remember that project costs incurred before the effective date of the U&CF
Grant Memorandum of Agreement are ineligible for reimbursement
I will be looking forward to working with you on your project and hearing of your
progress in your January 31, 2003 interim report. If you have any questions, please feel free to
contact me at (850) 414-8602.
Sincerely,
CHARLES H. BRONSON
COMj,\iIISSIONER OF AGRlCUL TURE
4~
Mike Hwnphrey
Urban Forestry Coordinator
ivfRH
Attachments (3)
cc: Jim Rath, Okeechobee District Manager
Ed Ward, Forest Area Supervisor
Dale Armstrong, Senior Forester
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OPENING DATE: SEPTEMBER 21,2001 @ 2:30 P.M.
Attachment 0 (Cant.)
PROPOSAL #RFPIDF-01/02-01
BUDGET
Please note: All pmposa[s must include a detailed Itemized budget summarj which lists an
anticipated expenditures and explains all project costs. Proposals for site specific .
demonstration trae planting projects (category 2A and 28) must list tie quantity, species, and
approximate size (container size, or caliper and height) of trees to be planted.
·.....IMPORTANT: TH!S FORM MUST BE USED. PROPOSERS NOT USING THIS FORM
WILL BE RULED INELIGIBLE *--
Cost Items Qu:¡nt¡ty Rate or Price Grant Cost Match Cost
(;;t) ($) ($) ($)
Contractual
(Description)
SO sa
Personnel
(list titles or
positions)
ST. ~UCIE com TY at least s130/day
RESOORCE: 54 days 57000.00
PR.OTECTION
¡COORO!NA.TOR
38
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PROPOSAL #RFPfDF-01/02-01
OPENING DATE: SEPTEMBER 21 2001 @2:3Q P.M.
Cast Items Quantity I Rate or Price Grant Cost Match Cost
(#) ($) (S) ($)
Travel
SO SO
i
Eauioment
(iist items)
IRRIGATION SUPPLIES S1500.00
NURSE3.LEOTS $150.00
HAND SAWS 20 SIC/each $200.00
POE.E í:lRUNERS 5 $40/each $20Q.00
HOSES 5 S2G/each SIC,) .00
SHOVELS 25 SlO/e(¡ch $250.00
RAKES 5 ~lO/eaCh ~ 50.00
WA.'~ER COOGERS 5 20!each ...100.00 I
T-SHIRTS w/
~Pt.ANT RBSCUE SIO/each $500.0Ö
TEAM" LOGO 50
GLOVeS 20 SS/~aic $100.00
PLASTIC LINING
(GROUND CLOTH 500' n/l'x12' smoo.oo
TARPS 5 $lO/ea~h ~ 50.00
ROPE S 50.00
?OTTIN-:; SOIL !500.00
CHEMICALS 500.00
LOpeRS 10 $lO/ea::h $100.00
Wl:iEELBARROWS .3 SSO/each $1.50.00
HAND PRUNERS 10 SIO/each $100.00
CP..AINSAW 1 S300.00 $300.00
HAND TRUCK 1 $lOO/each $100.00
39
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PROPOSAL #RFProF..o1102~1
wi!
OPENlNG DATE: SEPTEMBER 21,2001 @ 2:30 P.M.
Cost Items Quantity Rate or Price Grant Cost Match Coat
(~) ($) ($) ($)
S\JDolies~
(list items)
I
(gee equi9m9ct
& o~~r:ating I
COG ts )
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PROPOSAL #RFP/DF-O~i02-Q1
OPENING DATE: SEPTEMBER 21, 2001 @2:30 P.M.
CO$t Items Qunntity Rate or Pricc Grant Cost Match Cost
(#) (S) ($) ($)
Ooeratlnç: Costs
(list)
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BROCHURE
PRINTING 2000 $1000.00
41
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PROPOSAL #RFPIDF-01f02.Q1
OPENING DATE: SEPTEMBER 21,2001 @ 2:.30 P.M.
Cost Items Quantity Rate or Price Grant Cost M~ch Cost
(if) ($) (S} ($)
!!:!!!!. I
(list species and
size)
SO SO
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Overhead- -.--.-.................
T ctal 57000.;]0 $7000 00
.. Grant dollars may not ~ use<! to purchase fcod as supplíe>:!,
- Ovemead costs up to 5% of tot~l project cost may only be used as a matching cost, grant fu~ds may
. not be used for overhead costs.
42
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AGENDA REQUEST
ITEM NO. C-7
DATE: July 23, 2002
REGULAR [ l
PUBLIC HEARING [ l
CONSENT [Xl
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY(DEPT): Utilities Department
William R. Blazak
SUBJECT: Approval to purchase a credit card machine for processing customer
payments and approval of Equipment Request #EQ02-234.
FUNDS AVAIL: 451-3510-564000-300
PREVIOUS ACTION:
RECOMMENDATION: Staff recommends that the Board approve the purchase of a
credit card machine for process~ng customer payments and approval of
Equipment Request #EQ02-234.
County Attorney:X
coordination/Siqnature~
Mgt. & Budget:X ~1? ~
COMMISSION ACTION:
[Xl
[ 1
APPROVED
OTHER:
DENIED
Purchasing
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Other:
if applicable)____
Other:
Eff. 5/96
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BOARD OF COUNTY
COMMISSIONERS
UTILITIES
DEPARTMENT
WILLIAM GLAZAK
DIP.EaOP.
MEMORANDUM
TO: Board of County Commissioners
William Blazak, Utility Director ~\~Jl
FROM:
DATE:
July 23, 2002
RE:
Equipment Request - Credit Card Machine
BACKGROUND:
St. Lucie County Utilities is continuing to provide a higher level of service to our
customers with flexible payment methods. The purchase of the credit card machine will enable
the Utilities Department to offer customers an option of payment via credit/checking card. St.
Lucie C01¥1ty Utilities staff is also working diligently to offer a bank draft option that will allow
customers to have their monthly bill automatically deducted from their bank account. The credit
card machine purchase is consistent with other county department purchases as governed by the
contract which is administered through the Finance department.
RECOMMENDATION:
Staff recommends that the Board grant permission to purchase the credit card machine
and approval of Equipment Request #EQ02-234.
JOHN D. ßRUHN, DistriCT No.1' DOUG COWARD. DistriCT No.2' PAULA A. LEWIS. DISTrict No.3' FRANNIE HUTCHINSON. DistricT NO.4' CLIFF ßARNES. District No.5
County Administrator - Douglos M. Anderson
2300 Virginia Avenue · Fort Pierce, FL 34982 · Phone (561) 462-1150 · FAX (561) 462-1153 .
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PHcrlE NO. 772 878 7412
1. 09 2002 10:30~M Pl/2
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FROM: ÇARLO~.GÜËRRËRP
PÅGËS:
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FAX: (561) 8LB-7412
DATE:
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PHONE: (80.0.1.235 -1.Z94_.ex.tJ.5295
5753 Slimmer 7i'l?cs O/~
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FRC~I
C;::RLOS &\.."RH GUERRERO PHOfIE NO. : 772 878 7412 ....."I JLlI. 0'3 2002 10: v'::.'!
EQUIPMENT PROGRAMMING AND SHIPM~NT LOCATION -...,
P2/2
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PRE~IX _...
NOTSS:
HOS:oITAUi'Y:
L()DGi,\¡G:
BATCH I"ORMAT: .:~
__AUTO SETTLE REF'C?T I
CUT OFF TIME..,_ ,
___AM __PM
..__ TIME ZONE
..'_ OTHER
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CUR "lENT CHE:CK SERVICES
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RO"TAil'Y
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SUYPASS
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EQUIPMENT PROFILE
I IMPRiNTERS . @ ~'25.00 EA
DOES MERCHANT OWN?
_YES NO
YES NO
yes _NO
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I ?=:o¡:¡OGnA~,1 EXISTING e:lUIPMENT ___L~S= ,.._PURCHAse
l"URCHASE e.RJ-CE L.J?S:'Po:!'_ RENTAL MOI'ITHLY F=EE S
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CAT ~A1:E ~" TRANS FEE
W~IG"T :X=RE$S.._ ')', TRANS FEe
PETROLEUM INFORMATION
l¡ll'<ïEGRATSO EQU¡PMEN'r.
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I CONTROLLER:
$.09
~~HEDULE OF FEES
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Agenda Request
Item Number
Date:
Q.... ~o...
July 23, 2002
Consent
Regular
Public Hearing
Leg. [ ]
[ X ]
[ ]
[ I
Quasi-JD [
To:
Submitted By:
Board of County Commissioners
Community Development
SUBJECT:
BACKGROUND:
Ten Mile Creek Florida Area One Communities Trust Grant Ap lication
The proposed Ten Mile Creek Area One Florida Communities Trust project is
part of the County's high priority North Fork of the St. Lucie River
environmentally significant lands acquisition project. The proposed grant
application includes lands located west of Interstate 95 along Ten Mile Creek
and Gordy Road (See Attached Map). The proposed Florida Communities
Trust project will extend public ownership and management along Ten Mile
Creek and enhance recreational opportunities and access to the future Ten
Mile Creek Water Preserve Area.
The proposed Florida Communities Trust grant application requests 75%
funding ($572,963) towards the estimated $763,950 costs to acquire
approximately 50 acres along Ten Mile Creek for conservation and recreation
purposes. The County's $190,988 (25%) match will be provided from the
Environmentally Significant Lands.
FUNDS AVAILABLE:
Funds are available in the Environmental Lands Bond Fund (382-3915-
599330-300).
On February 10,1998 the Board approved the NFSLR CARUSOR project.
PREVIOUS ACTION:
RECOMMENDATION:
Authorize staff to submit the Ten Mile Creek
Florida Communities Trust on behalf of the
County Attorney
Originating Dept.:
Finance:
Coordination! Signatur
Mgt. & Budget:
Env. Resources:
ea One grant application to
of County Commissioners.
r-¥. COMMISSION ACTION:
~ APPROVED 0 DENIED
D OTHER
-
Douglas M. Anderson
County Administrator
Purchasing:
Other:
(AGEND595a)
·
,-
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COUNTY COMMISSION REVIEW: July 23, 2002
MEMORANDUM
DEPARTMENT OF COMMUNITY DEVELOPMENT
To:
Board of County Commissioners
From:
Community Development Director
Date:
July 15, 2002
Subject:
Request for authorization to submit the Ten Mile Creek Area One grant
application to Florida Communities Trust on behalf of the Board of County
Commissioners.
The Ten Mile Creek project is part of the high priority North Fork of the St. Lucie River
environmentally significant lands acquisition project. The grant application requests
$572,963 (75%) of the estimated $763,950 project costs to acquire 50 additional acres
along the Ten Mile Creek corridor. The project will further overall conservation and
restoration efforts along Ten Mile Creek through protecting and enhancing native plant
communities and providing additional recreational opportunities.
The Ten Mile Creek project includes land located west of the Florida Turnpike on the north
and south side ofTen Mile Creek (See Attached Map). Access to the project lands will be
provided from Gordy Road. The project lands are adjacent to South Florida Water
Management District lands proposed for the Ten Mile Creek Water Preserve Area,
including scrub habitat that is being preserved as part of the project. The Florida
Communities Trust project will protect and enhance native upland and wetland plant
communities along Ten Mile Creek and provide recreational amenities in a manner that
complement those proposed for the future Ten Mile Creek Water Preserve Area.
The Ten Mile Creek project contains five native vegetative communities (Scrub, Scrubby
f1atwoods, Mesic f1atwoods, Hydric hammock and Floodplain swamp). Acquisition of these
natural areas will accommodate additional hiking trails along Ten Mile Creek and enhance
access points to the future Water Preserve Area. Facilities proposed for the Florida
Communities Trust project site include a small parking area and nature trails with
interpretive signage. Other improvements will include fencing and exotic removal.
Staff recommends the Board authorize staff to submit the Ten Mile Creek Area One grant
application to Florida Communities Trust on behalf of the County Commission.
cc: County Administrator
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To:
Submitted By:
SUBJECT:
BACKGROUND:
FUNDS AVAILABLE:
PREVIOUS ACTION:
RECOMMENDATION:
'-
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Agenda Request
C!..-8b
July 23,2002
Item Number
Date:
Consent
Regular
Public Hearing
Leg. [ ]
[X ]
[ ]
[ ]
Quasi-JD [
Board of County Commissioners
Community Development
ent Director
-----
Ten Mile Creek Area Two Florida Communities Trust Grant pplication
The proposed Ten Mile Creek Area Two Florida Communities Trust project is
part of the County's high priority North Fork of the St. Lucie River
environmentally significant lands acquisition project. The proposed grant
application includes lands located on the east of 1-95 and to Ralls Road (See
Attached Map). The Florida Communities Trust project will extend public
ownership and management along Ten Mile Creek thereby enhancing efforts
to restore coastal waters and provide additional recreational amenities along
the North Fork of the St. Lucie River Greenway. The proposed project will also
ensure a portion of a popular biking trail is maintained for the publics use.
The proposed Florida Communities Trust grant application requests 75%
funding ($2,591,295) towards the estimated $3,455,060 costs to acquire
almost 250 acres along Ten Mile Creek for conservation and recreation
purposes. The County's $863.765 (25%) match will be provided from the
Environmentally Significant Lands.
Funds are available in the Environmental Lands Bond Fund (382-3915-
599330-300).
On February 10,1998 the Board approved the NFSLR CARUSOR project.
Authorize staff to submit the Ten Mile Creek Area Two grant application to
Florida Communities Trust on behalf of the Boa of County Commissioners.
,y., COMMISSION ACTION:
~ APPROVED D DENIED
D OTHER
Douglas M. Anderson
County Administrator
County Attorney
Originating Dept.:
Finance:
Coordination! Signatures
Mgt. & Budget:
Env. Resources:
Purchasing:
Other:
(AGEND595a)
4
..
'-
'-'
COUNTY COMMISSION REVIEW: July 23, 2002
MEMORANDUM
DEPARTMENT OF COMMUNITY DEVELOPMENT
To:
Board of County Commissioners
From:
Community Development Director
Date:
July 15, 2002
Subject:
Request for authorization to submit the Ten Mile Creek Area Two grant
application to Florida Communities Trust on behalf of the Board of County
Commissioners.
The proposed Ten Mile Creek Area Two project is part of the high priority North Fork of the
St. Lucie River environmentally significant lands acquisition project. The Ten Mile Creek
Area Two project includes lands located east of Interstate 95 to Ralls Road on the north
and south side of Ten Mile Creek (See Attached Map). The grant application requests
$2,591,295 (75%) of the estimated $3,455,060 to acquire approximately 250 additional
acres along the Ten Mile Creek corridor. The County's share of the project costs, $863,765
(25%), would be provided from the County Environmentally Significant Lands Program.
The project contains five native vegetative upland and wetland communities (Scrub,
Scrubby f1atwoods, Mesic f1atwoods, Hydric hammock and Floodplain swamp). Acquisition
of the project lands will extend existing public ownership and provide additional amenities
along the North Fork of the St. Lucie River Greenway corridor. The project includes a
portion of an existing bike trail that is popular with cyclist. The project will allow the
continued use of the existing cycling trails but limit the expansion of any new trails to
degraded areas. A small parking area and nature trails with interpretive signage will also
be provided. Other improvements will include fencing and exotic removal.
Staff recommends the Board authorize staff to submit the Ten Mile Creek Area Two grant
application to Florida Communities Trust on behalf of the County Commission.
cc: County Administrator
Press/Public
¡
"-
'-
"'wI
~
To:
Submitted By:
SUBJECT:
BACKGROUND:
FUNDS AVAILABLE:
PREVIOUS ACTION:
RECOMMENDATION:
'-
'...I
Agenda Request
Item Number C:.. -B -c
Date: July 23, 2002
Consent
Regular
Public Hearing
Leg. [ I
[X]
[ ]
[ ]
Quasi-JD [
Presented By
comm]~~pm~rector
Consider Final Record Plat approval for the Second Replat of the PGA Commerce
Centre at the Reserve.
Board of County Commissioners
Community Development Director
On November 1, 2001, the Sl. Lucie County Community Development Director approved
a minor adjustment to the PGA Commerce Centre at the Reserve Site Plan. The
proposed minor adjustment eliminated Tract 3 which was proposed to be located east of
the Learning Center and created Tract 2A (between the Learning Center and the
Education Center). Tract 2A was proposed for development as the PGA Historical
Museum.
On June 11, 2002, the applicant submitted a minor adjustment to the PGA Commerce
Centre at the Reserve. This adjustment redesigned the layout for Parcel 2A
(Historical Museum). During the alignment of Parcel 2A, the site plan did not correctly
align the appropriate corners of the site. On June 21, 2002, the Community
Development Director approved the minor adjustment to the PGA Commerce Centre
at the Reserve Site Plan, thereby correcting the corners of Parcel 2A. All subdivision
improvements for this subdivision have been completed.
N/A
N/A
Staff recommends that the Board approve the Second Replat of the PGA Commerce
Centre at the Reserve and authorize staff to complete th al processing of this Pial.
rYì COMMISSION ACTION:
~ APPROVED 0 DENIED
D OTHER
County Attomey
Originating Dept.:
Finance:
Douglas M. Anderson
County Administrator
Coordination! Signatures
Mgt. & Budget:
Other:
Purchasing:
Other:
·
~
'-"
'J
COMMISSION REVIEW: July 23,2002
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
MEMORANDUM
TO: County Commission
FROM: Community Development Director
DATE: July 17, 2002
SUBJECT: Consider approval for the Second Replat of the PGA Commerce Centre at the
Reserve.
On November 1, 2001, the St. Lucie County Community Development Director approved a
minor adjustment to the PGA Commerce Centre at the Reserve Site Plan. The proposed minor
adjustment eliminated Tract 3 which was proposed to be located east of the Learning Center
and created Tract 2A (between the Learning Center and the Education Center). Tract 2A was
proposed for development as the PGA Historical Museum.
On June 11, 2002, the applicant submitted a minor adjustment to the PGA Commerce Centre
at the Reserve. This adjustment redesigned the layout for Parcel 2A (Historical Museum).
During the alignment of Parcel 2A, the site plan did not correctly align the appropriate corners
of the site. On June 21, 2002, the Community Development Director approved the minor
adjustment to the PGA Commerce Centre at the Reserve Site Plan, thereby correcting the
corners of Parcel 2A. All subdivision improvements for this subdivision have been completed.
Staff recommends that the Board approve the Second Replat of the PGA Commerce Center
at the Reserve and authorize staff to complete the final processing of this Plat.
If you have .any questions, please let us know.
SUBMITTED:
w-~~
Dennis J. Murphy, AICP
Community Development Director
DJM/cs
H:/wpIprojectslReservelPGA Leaming Cenler/2nd Replatlplatlstfrpl.
cc: County Administrator
County Attomey
County Engineer
County Surveyor
Greg Boggs
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AGENDA REQUEST
...,
ITEM NO.
C- 9
DATE: July 23, 2002
CONSENT [X
REGULAR
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY (DEPT): Administration
HEARING [ ]
Quasi-JD/J
PRESENTED BY: (\~~
Douglas M. An~son
Administrator
SUBJECT:
BACKGROUND:
FUNDS AVAIL. :
PREVIOUS ACTION:
RECOMMENDATION:
COMMISSION ACTION:
[x]
[ ]
APPROVED
OTHER:
County Attorney: >1~ t-- f)J -,...,
Originating Dept:
Finance: (copies only):
AgeCAClaaaccept.doc
PUBLIC
Leg. [
Authorize the County Administrator and Cultural IUfairs Council
Chairman to sign the three grant award letters and the two Assurance
of Compliance and Signature Authorization Forms to accept the $1,493
grant from the Department of State Division of Cultural Affairs
Program. In addition, approve Budget Resolution 02-186.
The Board of County Commissioners approved the submittal of a Local
Arts Agency grant application to the Department of State at the
November 13, 2001 Commissioners meeting. Although the County
Cultural Affairs Council grant application was for $3,290 to conduct
a Cultural Assessment for St. Lucie County, the award is only for
$1,493. Since the Cultural Affairs Council has their own checking
account and a qualified treasurer, the grant will go first to the
County and then a check will be written to the Cultural Affairs
Council. Since the CAC will be responsible for all aspects of the
project, the accounting and reporting requirements will be handled
by the CAC and copies will be sent to the Finance and grants
department. This project will help the CAC and others in the
community to identify our existing cultural resources and determine
what resources are needed for our region. The proj ect will be
completed between July 1, 2002 to June 30, 2003.
The match for this grant application will include either a 1:1 cash
match of $1,493 or a 75% cash and 25% in-kind time of the Cultural
Affairs Council. The Council has $1,493 cash match reserved in their
account for the match.
On November 13, 2001, the BOCC approved the submission of the grant
application to the Department of State.
Staff recommends that the Board authorize the County Administrator
and the CAe Chairman to sign the grant award agreements. In
addition, approve Budget Resolution 02-18
DENIED
Mgt & Budget:
Public Works:
Purchasi.ng :
Other:
\w
...,,¡
RESOLUTION NO. 02-186
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 Florida Department of State in form of a Local Arts Agency Grant in the amount of
$1,493.
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 23rd day of July, 2002, pursuant to Section 129.06 (d), Florida Statutes,
such funds are hereby appropriated for the fiscal year 200 1-2002, and the County's budget is hereby amended
as follows:
REVENUES
104-7310-334900-700
APPROPRIATIONS
104-7310-582000-700
Other State Grants
$1,493
Aid to Private Organizations
$1,493
After motion and second the vote on this resolution was as follows:
Commissioner Doug Coward, Chairperson
Commissioner Cliff Barnes, Vice Chairperson
Commissioner John D. Bruhn
Commissioner Paula A. Lewis
Commissioner Frannie Hutchinson
xxx
XXX
XXX
XXX
XXX
PASSED AND DULY ADOPTED TmS 23RD DAY OF JULY, 2002.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
APPROVED AS TO CORRECTNESS
AND FORM:
COUNTY A TIORNEY
\."
"'"
DIVISIONS OF FLORIDA DEPARTMENT OF STATE
MEMBER OF THE FLORIDA CABINET
Office of the Secret<lf)'
Office of International Relation'>
Division of EIE'ctions
Di\'ision of Corporal ions
Di\"Îsion of Cultural Affairs
Division of Historical Resources
Division of Library and Information Se.vices
Di \'ision of Licensing
Di\-ìsion of Administrative Scn'ices
FLORIDA DEPARTMENT OF STATE
Katherine Harris
Secretuy of State
State Board of Education
Trustees of the Internal Imr~O\ernent Trust Fund
Ad mini..:;tr-ation Commissi<m
Florida land and Water Adjudici3tof\' Commission
'Siting Board
O;\-ision of Bond Finance
Depa:-trnenl of Revenue
Department of La\·.. Enforcement
Department of High\"ay SaÎety and \Iotor Vd,¡c1es
[)('partment of Veterans' Affairs
June 20, 2002
'~-~.-"~'"
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op· lil.
lJ -
Ms. Jody Bonet
St. Lucie County Cultural Affairs Council
2300 Virginia Avenue
Fort Pierce, FL 34982-5652
i
J
\ \ '
\, ...')
Dear Ms. Bonet:
Grant Number: 03-8006
As Florida's Chief Cultural Officer, it is an honor to notify you that Local Arts Agency Grant Number 03-8006 has
been awarded to you in the amount of $1,493, This grant is to support the project entitled "St. Lucie County CAC
Cultural Assessment & Planning,» as outlined in your application, with a starting date of July f, 2002 and an ending
date of June 30, 2003. This project must be execUled within the limits of the budget and in accordance with the project
dates and description as submitted in your application or as affected by an approved grant amendment request.
Please sign the original and two copies of this letter along with the Assurance of Compliance and Signature
Authorization Forms, and return the copies of each to this office within 60 days of the date of this letter. Please note
that in the event of State revenue shortfall, the amount of the grant award will be reduced accordingly. Your signature
acknowledges that you have entered into a grant award agreement assuring compliance with the attached Addendum,
which contains the special terms and administratiye requirements applicable to your organization as grantee.
Congratulations on receiving this grant and for your continued support of the arts in Florida.
Yours truly,
Â~~JfarrØ
Katherine Harris
Secretary of State
dcs
Enclosures
SIGNED:
(Authorizing Official appearing on the Assurance of
Compliance and Signature Authorization Form-#l)
ATTEST:
(Other Authorizing Official·#2)
The Capitol . TallahasstX. Florida 32399-0250 . (850) 245-6500
http://ww\\..dos.stale.fl.us
GRANT NUMBER 03-~6
ASSURANCE OF COMPLIANCE AND SIGNA lURE
AUTHORIZA liON
Florida Department of State
Division of Cultural Affairs
. 1001 DeSoto Park Drive
Tallahassee, Florida 32301
850/487-2980
t(Q [ply
· . By signing this form, thé Grantee certifies that the documents enclosed in the GrantAward package have been read
and fully understood. . . .. .
· The Grantee is required to comply with all terms and conditions outlined in the documents referred to above. The
. undersigned assures ·cOmpliance on bèhalf of the Grantee. This compliance includes assurance that adequate
procedures will be in place to collect statistical information required for reporting purposes in the most accurate and .
reliabh~ method possible. ., . . .... . .
· These Authorizing Officials have the åuthorityto enter into contractual agreements on behalf of the orgC!nization.
Only those individuals signing below or their successors of similar rank may sign other documents relating to this
grant .
TITLE of official authorized to enter into
contractual agreements for thè organization..
DATE
TYPED NAME OF AUTHORIZED OFFICIAL
2)
TITLE of any official with delegated authority
'é in absence of official listed in #1 above.
TYPED NAME OF OFFICIAL WITH DELEGATED AUTHORITY
3) Confirmation of Grant Contact Person: Please note the name ofthe grant contact person as
it appears on the grant award letter. Is this person still the contact person for this grant? Yes_No_
If No, please indicate new contact person:
Check One
Mrs.
Ms.
Dr.
DATE
Should the former contact person be deleted from other current grant records?
4)
\..-
TO ACCEPT THE GRANT A WARD
When you receive the grant award package, a grant has been offered to you. Until you
have formally accepted the award by properly signing and returning the Assurance of
Compliance and Signature Authorization Form and 2 copies of the Award Letter, there is no
grant award agreement. You may not obligate State funds until a grant award agreement
exists. Any grant expenses obligated before signing and returning these award documents
may not be paid with State funds.
...¡
What is the Award Letter?
The Award Letter is your official notification that your grant proposal for general program
support or a specific project has been funded. This document contains grant information
that is entered into the Division's database and used by the Division for all correspondence,
document processing, and reporting. The Award Letter contains the officially assigned
reference number for your grant, the amount of your grant award, the official title of your
funded project, the official project start and end dates, the contact person for the grant,
and the organization's address. It is the responsibility of the grantee to notify the Division
should any of this information change.
1. Sign all three (3) grant award letters and the two (2) Assurance of Compliance and
Signature Authorization Forms. All documents must have original signatures, and
someone other than authorized official #1 must attest (witness the signature) on the
award letter (usually the official with delegated authority, #2).
What is the Assurance of Compliance and Signature Authorization Form?
This form is to be signed by two organization officials. These officials must be the
authorizing officia/and an official with delegated authority as defined below.
Authorizinq Official:
An authorizing official is an official of a recipient organization who has authority to legally
bind the organization. '
This is the first signature that appears on the Assurance of Compliance and Signature
Authorization Form. The following are considered to be authorizing officials based on
virtue of position:
1. for nonprofit organizations (excluding colleges and universities): chairman or officer of
the board, president, executive director, or individual of similar rank
2, for colleges and universities: chancellor, provost, president, trustee, or
individual of similar rank or a person authorized to sign contractual agreements on behalf
of the college or university.
3. for counties, cities or municipalities, or departments thereof: mayor, city
manager/administrator, designated department, agency, or office official, or individual of
similar rank.
NOTE: An authorizing official may sign any document related to the grant once their
signature is on file with the Division.
Official with Deleqated Authority:
This is the second signature that appears on the Assurance of Compliance and Signature
Authorization Form. This individual must hold the appropriate level of aûthôrïtywïthin-the--
2 7 ~~~'"
. c. ~_~
\.. ..;
organization to sign contracts. It is recommended that this person be the contact person if
the above criterion applies.
NOTE: This individual's signature must be on file with the Division through the Assurance
of Compliance form or subsequent administrative changes.
II. Within 60 days of the date of the award letter, send two (2) signed "copies"
of the award letter and one (1) signed "copy" of the Assurance of Compliance
and Signature Authorization Form to the Division. (Keep one signed original -
gold seal - award letter and one signed Assurance of Compliance and Signature
Authorization Form in your grant file.)
Award Documents should be mailed to:
Bureau of Grant Services
Division of Cultural Affairs
Department of State
1001 DeSoto Park Drive
Tallahassee, FL 32301
GRANT FUNDS
All grantees (General Program Support and Specific Project) are no longer
required to submit a Payment Request Form. Payment will be released
automatically upon receipt of the properly signed award letters and Assurance
of Compliance and Signature Authorization Form. Payments will not be
processed until up to two weeks before the project start date shown on your
award letter. You should not expect to receive a check until six weeks after the
earliest release date.
All grantees wishing to receive their award through electronic fund transfer
must submit an Electronic Payment Authorization form to: EFT Section; Office
of Comptroller; Room 414 Fletcher Building; Tallahassee, fL 32399-0350. If
electronic payment has already been set up for your organization for any prior
grants, it is NOT necessary to send another authorization form unless you have
changed bank accounts. A form is enclosed in this package for setting up EfT
transmittals.
Note: Payments for any grants will not be processed if the organization is in
non-compliance for any reason, such as an overdue interim, final, or audit
report on a·ny Division grant, or if the Grant Award Documents have not been
properly submitted.
Good Grants Management
The grants management process begins when you (the grantee) receive the Grant Award
Package. This package includes the Award Letter from the Secretary of State. Receipt of
this letter means that funds have been set aside for your project or program. Along with
the Award Letter and the Assurance of Compliance and Signature Authorization Form, you
will receive the instructions necessary to properly administer your grant throughout the
year. In all correspondence to the Division, please always reference your grant number.
2
"-
~
Forms for grants management available on the website under "Publications and Formsu
are: Administrative Change Notice, Grant Amendment Request Form, Grant Report Form,
and the Florida Arts and NEA logos for publicity. There is also a glossary on the website.
Setting up a grant file
Being able to locate certain grant documents when they are needed is important to good
grant manaqement. Upon receipt of the Grant Award Package. a file should be set up to
contain all of the following qrant documents:
~ a copy of the grant proposal and any financial worksheets used to
compile the proposal budget;
~ your copy of the signed Award Letter;
~ the Addendum to the grant award agreement;
~ the fully signed Assurance of Compliance and Signature Authorization
Form;
êI copies of any Administrative Change Notices, Grant Amendment
Requests, or letters pending or approved;
êI correspondence from the Division;
êI a copy of the final report;
êI copies of financial worksheets and grant statistical data source used to
compile the final report.
~ copies of flyers, brochures, programs, catalogs, and news reviews and articles
(particularly those showing compliance with credit language and logo) for final
report purposes.
What if there are CHANGES to the original grant proposal?
You are responsible for notifying the Division, through an Administrative Change Notice, of
a change in the contact person, mailing address, or any pertinent contact or personnel
information from the time the application is submitted until the grant'is closed,
which occurs when the final report is reviewed and approved by Division staff and a grant
closure letter is issued.
At the time you receive your grant award package, you should review the original proposal
to determine if any changes will need to be made in the program/project, budget, or start
and end dates. A Grant Amendment Request (GAR) Form must be submitted in the event
that such changes occur. If you are in any doubt about the necessity of a Grant
Amendment Request, please contact the Division for assistance. If substantial changes are
made to the original approved grant proposal without prior written approval from the
Division, the grant award is subject to reduction or complete refund to the State.
What are some of the most COMMON ERRORS made by the grantee?
The most common problem is the qrantees' failure to retain the application copies, the
award letter copy, the signature authorization copy, and any other documents and
materials that relate to the grant.
3
"- ...."
~ Amendments to the Grant Award Agreement should be requested as soon as the
grantee is aware of the need for changes. This can occur anytime during the grant
period, but Grant Amendment Requests that are submitted after the changes
have been implemented will not be approved by the Division unless the
grantee can clearly demonstrate extenuating circumstances.
~ Do not wait to file a Grant Amendment Request with the final report.
Changes to a grant award agreement may not be requested after the grant period
has ended.
~ If more than one grant application is funded in any given grant period, check the
narrative and budget of each to make sure that there is no overlap.
@I The Division regards the signatures on the award documents to be the
official and most current ones. Signatures on all documents filed with
the Division are compared against the signatures on the Assurance of
Compliance and Signature Authorization Form, not the signatures on the
grant application.
ACCOUNTING ERRORS
Keep track of grant expenditures as they are made! Give up the
headaches of trying to gather all financial information after the end of the
grant period, or worse/ not being able to explain to the auditor exactly
how the grant funds were spent!
On-site grant compliance reviews conducted over the last few years have revealed
that grantees are having difficulty in producing internal records to substantiate the
grant expenses reported to the Division. In most cases this is due to failure of their
accounting system to provide for accumulation of grant related costs. .
The Division has developed a simple tracking log to assist you in keeping grant
financial records in the level of detail required by your grant agreements. This
sample format should be easy to duplicate on your own computer tracking systems.
If you choose not to use a separate tracking documene be certain you will be able
to provide this level of detail when requested by Division staff.
4
ÌIlw ...."",
Summary of Matching and Reporting Requirements .
This chart summarizes the matching requirements for each grant program. Refer to the grant award letter
and grant number to confirm the program name and specific requirements. Your grant number will be
preceded by the last two digits of the end of the fiscal year for which the funds were appropriated. All final
reports are due 30 days after the project ending date; Interim reports will be required for grants
that have ending dates beyond June 30.
Proqram Name
Grant # Series
Cultural Support
Grants
0001 to 0999
4001-4099
7001-7299
Challenge
3001 to 3099
International Cultural
Exchange (ICE)
3301 to 3399
State Touring
Program Presenters
3701 to 3999
UACAP
5001-5399
Quarterly Assistance
5401-5899
Arts In Education
6001 to 6499
LAAjSSO
8001 to 8199
Required match
$1 local to $1 state, however, State funds may
not exceed 50% of total project costs. In-kind
may not exceed 25% of total project costs.
$3 local cash to $1 state. In-kind contributions
are not permitted as match in this program.
$1 local to $1 state, however, State funds may
not exceed 50% of total project costs. In-kind
may not exceed 25% of total project costs.
Ratio of original award to company fee must be maintained;
if fee is reduced, award must also be reduced. Increased
fees are not automatically subject to increased awards.
1. $1 local $1 state for Org. Development, Advanced
Salary Assistance and Consultancy;
2. Basic Salary Assistance - - 1st yr., no match; 2nd
yr.,25% (50 cents local to $1 state); 3rd yr., 50% C$llocal to $1 state).
In-kind is not permitted as salary matching funds;
3. No match is required for the 1st consultancy grant to.an
emerging organization.
$1 local to $1 state, however, State funds may not
exceed 50% of total project costs.
In-kind may not exceed 25% of total project costs.
$1 local to $1 state. In-kind may not exceed 25% of
total project costs.
same as above
5
v
--
..."
st. Lucie County, ."
INTERNATlOf{~~ All/RON
f8diFronêJã's!1Plfåsûfificoâst ..
AGENDA REQUEST
ITEM NO. C-10-A
DATE: July 23, 2002
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [X ]
PRESENTED BY:
Paul Phillips
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY: Airport
SUBJECT: Approve the Dickerson Florida, Inc. final change order # 2 to the Aircraft Parking Apron
for a decrease in the contract amount of$18,827.44 for a total project amount of$418,857.57 and
authorize the release of retainage.
BACKGROUND: In May 2001, the Board awarded the aircraft parking apron project to Dickerson
Florida in the amount of $440,360.00. In November 2001, the Board approved.change order #1,
which resulted in a decrease to the contract of$2,675.00 for a contract amount of$437 ,685.00. As a
result ofthe final inspection and a determination ofthe as-built quantities, this final change order # 2
to the aircraft parking apron project resulted in an additional net decrease to the contract of
$18,827.44 for a final contract amount of$418,857.57.
FUNDS AVAILABLE IN ACCT#: Funds are available in Aircraft Parking Apron Account. (140307-
4210-563000-400)
PREVIOUS ACTION: N/A
,
RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the
Dickerson Florida, Inc. final change order # 2 to the Aircraft Parking Apron for a decrease in the
contract amount of $18,827.44 for a total project amount of $418,857.57 and authorize the release of
retainage.
Reviews & A ro
County Attorney: .
Originating Dept:
Finance:(Check fo
~ISSION ACTION:
_ PROVED [ ]DENŒD
[ ]OTHER:
Purchasing
Other:
Other:
ly, if applicable)
'-'
.,
. -
MAY - 6 2002
Change Order
OWNER
ARCHITECT
CONTRACTOR
FIELD
OTHER
o
[8J
o
o
o
AlA Document G701
.,
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CO:-;SULTATlON WITH AN ATIORNEY IS ENCOURAGED WITH RESPECT TO ITS
COMPLETION OR MODIFICATION.
PROJECT: (name, address) Change Order Number: 2 FINAL
Aircraft Parking Apron at S1. Lucie International Airport Date: April 9,2002
TO CONTRACTOR: (name, address) Architect's Project No: 5135-01
Dickerson Florida, Inc. Contract Date: . August 6, 200 I
3340 Southeast Dixie Highway Contract For: Aircraft Parking Apron
Stuart, Florida, 34997
Purchase Order No: P2103263
The Contract is changed as follows:
-
See Attached Description
Not valid until signed by the Owner, Architect and Contractor.
The (Contract Sum}(GtJal,wtccd Max:Îlhum P,;~,) Will be (Ili~,,~cd)(Decreased)
(Uu,hangcd) by this Change Order in the Amount of
The New (Contract Sum)(Gualank~d Ma^;",u'¡¡ P'¡C') Including This Change Order Will Be
$ 440,360.00
$ (2,675.00)
$ 437,685.00
$ (18,82ï.44 )
$ 418,85ï.57
The Original (Contract Sum)(Gualantccd MIlxinml11. P,;~_) was
Net Change by Previously Authorized Change Orders
The (Contract Sum)(Gull.lllltccd MIlXiluum P.;,,,) Prior to this Change Order was
The Contract Time Will be (IlI~.,..scd)(Dc'I'llScd)(Unchanged) by _ (~Days
The Date of Substantial Completion as of the Date of This Change Order therefore is December 2.2001
NOTE: This summary does not reflect changes in the Contract Swn, Contract Time, or Guaranteed Maximum Price which have
been authorized by Construction Change Directive.
ARCHITECT:
CONTRACTOR:
OWNER:
St. Lucie Board of
County Commissioners
Williams. Hatfield & Stoner. Inc.
By: ~ ~"'-^.. V{?.....--
C)'TIthia tJ. Portnoy
Date: ~ \ .0 \ lJ <-
By:
AlA DOCUMENT 0701 . CHANGE ORDER - ] 987 EDITION· AlA . COPYRIGHT 1987 . THE AMERICAN INSTITUTE OF ARCHITECTS, ] 735 NEW
YORK, A VENUE, N.W., WASHINGTON, D.C. 20006-5292.
p.P? l) n 1f10'l
Change Order 2/1 73P/040902
'-'
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The Contract is changed as follows:
1.
Retroreflective Taxiwav End Marker SÏ!ms
'.
The airport director would like to add two retroreflective taxiway end marker signs and remove some
existing pavement markings to enhance safety on the parking apron. This creates two new pay items.
Pay Item Description Unit (+/-) Quantity Unit Price Total
L-126-3 Retroreflective Guidance Sign EA (+) 2 $2,684.00 $5,368.00
P-61O-2 Marking Removal LF (+) 35 $7.15 $250.25
Total Change to Contract $5,618.25
2. Final Quantity Adjustments
This change order includes adjustments to the contract for final as-built quantities. (See attached
spreadsheet for item breakdown.)
Total Change to Contract I ($24,445.69) I
This change order resolves all claims and issues regarding these items. There will be no further
compensation in either time or money related to these issues.
Change Order 2/173P/040902
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St Lucie County
INTERNATIONAL AI.
or{FlóHdá's·ffêasu¡ce'1C
AGENDA REQUEST
ITEM NO. C -10-B
DATE: July 23,2002
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [ X]
PRESENTED BY:
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY: Airport Paul Phillips
SUBJECT: Approve the proposal and $14,800 scope of work with Williams, Hatfield & Stoner
(WHS) for the design phase services, bid and award services, and construction phase services
associated with the Phase 2 security fencing at St. Lucie County International Airport.
BACKGROUND: The Board approved the perimeter fencing project at St. Lucie County
International Airport for the 2001/02 fiscal year. This project consists ofthe installation of security
fencing along the south and east quadrants of the Airport from Curtis King Boulevard to Jet Center
Terrace. Currently, no fencing exists along these quadrants which has caused significant safety
concerns. An increasing number of vehicles are gaining unimpeded entrance to the aircraft parking
areas. This project will provide controlled access to these areas and increased safety.
FUNDS AVAILABLE IN ACCT#: Funds are available in airport construction of perimeter fencing
account (140321-4220-563000-400).
PREVIOUS ACTION: N/A
RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the
proposal and $14,800 scope of work with Williams, Hatfield & Stoner (WHS) for the design phase
services, bid and award services, and construction phase services associated with the Phase 2 security
fencing at St. Lucie County International Airport.
Reviews & A ro
County Attorney:
Originating Dept:
Finance:(Check fi r
tOMB
COMMISSION ACTION:
~APPROVED [ ]DENIED
[ ]OTHER:
Other:
nly, if applicable)
'-'
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t ~:>.:E ',958
Williams, Hatfield & Stone~ Inc.
Engineers . Plimners . Surveyors . Environmental Scientists
2101 Nor'h Andrews Avenue, Suite 300
Fort lauderdale, Florida 33311
Telephone (954) 566-8341 Fax (954) 565-5421
A Tetra Tech Company
'MVW.whs-inc.com
May 29, 2002
Mr. Paul A. Phillips
Airport Director
81. Lucie International Airport
2300 Virginia Avenue
Fort Pierce, Florida 34982
Dear Mr. Phillips:
ST. LUCIE COUNTY INTERNATIONAL AIRPORT
PERIMETER SECURITY FENCING - ANNUAL CONTRACT
PHASE 2 FENCE INSTALLATION (SOUTH AND EAST QUADRANTS)
WORK AUTHORlZATION NO. 25
Pursuant to our discussions regarding the above-referenced task, Williams, Hatfield & Stoner, Inc. (WHS) is
pleased to submit the following proposal for your consideration.
PROJECT DESCRIPTION:
This project includes the administering of the Annual Fencing Contract (Contract #02-21) for the Phase 2
Security Fence Installation along the south and east sides ofthe airport (Phase 1 of the security fence was
installed under Contract #01-058). Electronically and manually-operated security gates ,,,ill be included
at locations shown on the attached sketch (approximately construction cost is $100,000).
SCOPE OF WORK:
WHS will perform the following tasks:
TASK J
DESIGN PHASE SERVICES
WHS will prepare plans delineating the approximately location of the fence and gates. Actual location
shall be determined in the field. The plans will also include electrical site plans showing the service to
the electrical gates.
TASK 2
CONSTRUCTION PHASE SERVICES
Once the notice to proceed is given to the contractor WHS will also perform the following services:
'-'"
....,
Mr. Paul A. Phillips
May 29,2002
Page 2
· Review and approve shop drawings as necessary.
· Respond to contractor's requests for information.
· Review and approve contractor's applications for payment.
· Attend and chair weekly construction status meetings.
· Provide RPR services at ten hours a week.
· Perform a substantial completion inspection.
. Prepare record drawings (based on contractor-supplied information) and final close-out package.
PROPOSED FEES:
Wl-IS proposes to perform the tasks outlined in the scope of services for the following fees:
Task I - Plans Preparation
Task 2 - Construction Phase Services
(10 Hours/Weekfor 60 Calendar Days)
$4,700
59,600
Reimbursables - Budget
WHS proposes to be reimbursed for out-of-pocket expenses as noted in
the attached "Schedule o/Hourly Rates and Other Charges ".
5500
Total Proposed Fee
$14,800
SERVICES SPECIFICALLY NOT INCLUDED:
· Permit Fees
. Geotechnical Services During Construction
If you have any questions or comments, please don't hesitate to contact me.
V ery truly yours,
þ~a~
L. Michael Carey, P.E. I
Vice President .
CMP/dk
Enclosures
Williams, Hatfield & Stoner, lñc.
~
-....I
WORK AUTHORIZATION NO. 25
St. Lucie County Board of County Commissioners
S1. Lucie County International Airport
Agreement No. C-98-06-592
PERIMETER SECURITY FENCING - ANNUAL CONTRACT
PHASE 2 FENCE INSTALLATION (SOUTH AND EAST QUADRANTS)
Pursuant to that certain Agreement between County and Engineer for planning and development services at
the Sl. Lucie County International Airport dated June 25, 1998, the Engineer agrees to provide the Scope of
Services described in Exhibit "A" for the Compensation and Schedule described in Exhibit "B".
IN WITNESS WHEREOF, the County has hereunto subscribed and the Engineer has affixed his, its, or their
names, or name, on the dates below.
ST. LUCIE COUNTY INTERNATIONAL AIRPORT
ST. LUCIE COUNTY, FLORIDA
BY:
Print Name: Paul A. Phillips
Airport Director
DATE:
APPROVED AS TO FORM AND CORRECTNESS
County Attorney
Ø¡iJi~
/
/
ENGINE~. ~
- /' /&d
/
Print Name: L. Michael Carey, p.f
Williams, Hatfield & Stoner, Inc.
Vice President
WITNESSES:
DATE:
S/);/~
( .
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..."
EXHIBIT "A"
SCOPE OF WORK
WORK AUTHORIZATION NO. 25
St. Lucie County Board of County Commissioners
St. Lucie County International Airport
Agreement No. C-98-06-592
PERIMETER SECURITY FENCING - ANNUAL CONTRACT
PHASE 2 FENCE INSTALLATION (SOUTH AND EAST QUADRANTS)
Williams, Hatfield & Stoner, Inc. (WHS), will perform the following tasks:
. Design Phase Services: WHS will prepare plans delineating the approximately
location of the fence and gates. Actual location shall be determined in the field.
The plans will also include electrical site plans showing the service to the electrical
gates.
. Construction Phase Services: Once the notice to proceed is given to the
contractor WHS will also perform the following services:
Review and approve shop drawings as necessary.
· Respond to contractor's requests for information.
· Review and approve contractor's applications for payment.
· Attend and chair weekly construction status meetings.
Provide RPR services at ten hours a week.
· Perform a substantial completion inspection.
· Prepare record drawings (based on contractor-supplied information) and final
close-out package.
I·
Exhibit A - Page 1 of 1
"
-......
"WII
EXHIBIT "B"
COMPENSATION AND SCHEDULE
WORK AUTHORIZATION NO. 25
St. Lucie County Board of County Commissioners
St. Lucie County International Airport
Agreement No. C-98-06-592
PERIMETER SECURITY FENCING - ANNUAL CONTRACT
PHASE 2 FENCE INSTALLATION (SOUTH AND EAST QUADRANTS)
Task No. Description Lump Sum Schedule
Cost (Weeks from NTP)
.
1 Design Phase Services $4,700 2
,
2 Construction Phase Services $9,600 8
Reimbursables $500 - -
TOTAL LUMP SUM FEE
$14,800
.'
Exhibit B - Page 1 of 1
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AGENDA REQUEST
ITEM NO. C-I0-C
DATE: July 23, 2002
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [X ]
PRESENTED BY:
51. Lucie County
INTERNATIONAL AIRPO
ônFJôftc:iil'STréåsure Coast
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY: Airoort
Paul Phillips
SUBJECT: Authorize staffto advertise for a Request for Qualifications (RFQ) for a Federal Aviation
Regulation (FAR) Part 150 Noise Study at St. Lucie County International Airport.
BACKGROUND: An FAR Part 150 noise study specifies the procedures, standards, and
methodology for the development of noise compatibility programs (NCP). NCP's define the actions
that the airport operator will undertake to reduce the level of noise exposure to the surrounding
communities. The last Part 150 noise study prepared for the airport was completed in August 1994.
Since then dramatic changes have occurred at the airport which have resulted in significant growth in
the number of aircraft operations. As a result of this significant grow1h, a request to the FAA for
funds to prepare a Part 150 noise study was authorized by the Board. This week, the airport received
confirmation that the federal funds for the Part 150 noise study were forthcoming. This request for
qualifications for consultants will allow the airport to fast track the project.
FUNDS ARE AVAILABLE IN ACCT#: N/A
PREVIOUS ACTION: N/A
RECOMMENDATION: Staff recommends that the Board authorize staff to advertise for a Request
for Qualification (RFQ) for a Federal Aviation Regulation (FAR) Part 150 Noise Study at St. Lucie
County International Airport.
~MMISSION ACTION:
APPROVED [ ]DENIED
[ ] OTHER:
. ~LMB
Originating Dep Other:
Finance:(Check or Copy only, if applicable)
Purchasing
Other:
-
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....,
In accordance with the "Consultants Competitive Negotiations Act" F.S. 287-055 and Federal
Aviation Administration (FAA) Advisory Circular ISO/51 00-14c "Architectural Engineering and
Planning Consultant Service for Airport Grant Projects" St. Lucie County International Airport is
seeking statements of qualifications from qualified firms to provide aviation consulting services for
the:
St. Lucie County International Airport, FAR Part 150 Update"
The statement of qualifications package should not contain more than 35 single sided pages and
included at a minimum the following:
1. Consultant experience on simitar projects
2. References
3. Resume of key personnel
4. Project approach
In selecting the consultant, the airport reserves the following rights:
a. To select the consultant based solely on information contained in the
statement of qualifications.
b. To establish a committee to review and prioritize the responses.
c. To negotiate with the top-ranked firm.
d. To resolicit or discontinue the RFQ process at any time for any reason.
Six copies of the consultant qualifications must be received at the address shown below no later
than 2:00 PM August ??, 2002 to:
St. Lucie County International Airport
2300 Virginia Avenue
Fort Pierce, FL 34982-5652
-...
'-"
..",
AGENDA REOUEST
ITEM NO. C-ll
DATE: July 23,2002
REGULAR [ I
PUBLIC HEARING [ I
CONSENT: [XI
TO,;, BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY: Community Services
Beth Ryder, Director
SUBJECT: Approve the submission of the FY02/03 application to the State of Florida
Department of Community Affairs for the Community Services Block Grant Allocation and
Resolution No. 02-189.
BACKGROUND: St. Lucie County is the lead agency for the Treasure Coast Community
Action Agency which is composed of St. Lucie, Martin and Okeechobee Counties. Through an
interlocal agreement, St. Lucie County will disburse the allocation for each county from the State
of Florida as follows: Martin $38,491.; Okeechobee $30,348; and St. Lucie $79,202. Each County
is responsible to provide the required 20% match with 18% in-kind and 2% cash.
FUNDS AVAIL: St. Lucie County's required match will be provided with the salary of the
Community Services Director 001-6420-512000-600 and the 2% cash will be the dollars expended
for utilities 001-192~-543000-100 for the Community Services office.
PREVIOUS ACTION: None
RECOMMENDA TION: Staff recommends approval of the submission of the grant application
and Resolution No. 02-189, authorization to accept the grant and authorization fo r the Chairman
to sign all documents necessary to execute the application.
COMMISSION ACTION:
~ APPROVED [ I DENIED
[ I OTHER:
o las M. Anderson
C nty Administrator
County Attorney: x~
Ol'iginating Dept: x
Review and Approvals
Management & Budget: .I;)JAC/ Yh'tYI~ Purchasing:
Other: ~ Other:
Finance: Check for Copy only, if applicable _
'-'
'WI
RESOLUTION NO. 02-189
A RESOLUTION APPROVING THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS COMMUNITY SERVICES BLOCK GRANT
ALLOCATION AND AUTHORIZING THE CHAIRMAN TO EXECUTE
THE APPLICATION AND AUTHORIZING THE FILING OF THE
GRANT ALLOCATION WITH THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS.
WHEREAS, the Board of County Commissioners of St. Lucie County,
Florida, has made the following determinations:
1. This Board is authorized to file the Florida Department of
Community Affairs Community Services Block Grant
Application with the Florida Department of Community
Affairs.
2. The Community Services Block Grant uses. eighty (80%)
percent of Community Services Block Grant Funds and
eighteen (18%) percent in-kind and two(2%)percent match
funds.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of St. Lucie County, Florida:
1. This Board hereby approves the Florida Department of
Community Affairs Community Services Block Grant
Application with the Florida Department of Community
Affairs for the Federal Fiscal Year 2003.
2. This Board authorizes the Chairman of the Board of
County Commissioners to execute the application on
behalf of the St. Lucie County Board of County
Commissioners and the Treasure Coast Community Action
Agency with the Florida Department of Community Affairs in
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the total amount of One Hundred Forty Eight Thousand Four
Hundred Ten and 00/100 dollars ($148,410.00) of Community
Services Block Grant funds and the amount of Twenty Six
Thousand Six Hundred Forty Seven and 00/100 dollars and
($26,647.38) in kind match and Two Thousand Nine Hundred
Sixty One and 00/100 dollars ($2,961.00) matching funds.
3. This Board authorizes Beth Ryder, Community Services
Director, to sign any and all agreements, assurances,
reimbursement invoices, warranties, and other documents
which may be required in connection with the application.
After motion and second the vote on this resolution was as
follows:
Chairman Doug Coward XXX
Vice Chairman Cliff Barnes XXX
Commissioner Frannie Hutchinosn XXX
Commissioner John D. Bruhn XXX
Commissioner Paula A. Lewis XXX
PASSED AND DULY ADOPTED this 23rdrd day of July, 2002.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY
APPROVED AS TO FORM AND
CORRECTNESS
COUNTY ATTORNEY
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Contract No. 03SB-2K-12-00-01-027
CFDA Number: 93.569
FEDERALL V FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by and between the State of Florida, Department of
Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the
"Department"), and Saint Lucie Countv Board of Countv Commissioners, (hereinafter referred to as the
"Recipient").
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THIS AGREEMENT IS ENTERED INTO BASED ON THE FOllOWING FACTS:
A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant
funds to provide the services identified'herein; and
B. WHEREAS, the Department has received these grant funds from the federal government, and
has the authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set
fo.rth; and
C. WHEREAS, the Department has authority pursuant to Florida law to disburse the funds under
this Agreement.
NOW, THEREFORE, the Department and the Recipient do mutually agree as follows:
(1) SCOPE OF WORK
The Recipient shall fully perform the obligations in accordance with the Budget, Attachment H
of this Agreement and Workplan, Attachment I of this Agreement.
(2) INCORPORATION OF LAWS, RULES. REGULATIONS AND POLICIES
Both the Recipient and the Department shall be governed by applicable State and Federal
laws, rules and regulations, including but not limited to those identified in Program Statutes and
Regulations, Attachment A of this Agreement.
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(3) PERIOD OF AGREEMENT
This Agreement shall begin upon execution by bOth parties or October 1. 2002, whichever Is
later, and shall end Seotember 30. 2003. unless terminated earlier in accordance with the provisions of
paragraph (9) of this Agreement.
(4) MODIFICATION OF CONTRACT: REPAYMENTS
Either party may request modification of the provisions of this Agreement. Changes which are
mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties
hereto, and attached to the original of this Agreement.
All refunds or repayments to be made to -the Department under this Agreement are to be
made payable to the order of "Department of Community Affairs", and mailed directly to the Department at
the following address:
Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
In accordance with § 215.34(~¡, Fla. Stat., if a check or other draft is retumed to the Department for
collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars
($15.00) or Five Percent (5%) of the face amount of the check or draft, whichever is greater.
(5) RECORDKEEPING
(a) As applicable, Recipient's performance under this Agreement shall be subject to the
federal "Common Rule: Uniform Administrative Requirements for State and Local Governments" (53
Federal Register 8034) or OMB Circular No. A-11 0, "Grants and Agreements with Institutions of High
Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost
Principles for State and Local Govemments," .OMB Circular No. A-21 , "Cost Principles for Educational
Institutions," or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement
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is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be
subject to Federal Acquisition Regulations 31.2 and 931.2.
(b)' The Recipient shall retain sufficient records demonstrating its compliance with the terms
of this Agreement for a period of five years from the date the audit report is issued, and shall allow the
Department or its designee, Comptroller, or Auditor General access to such records upon request. The
Recipient shall ensure that audit working papers are made available to the Department or its designee,
Comptroller, or Auditor General upon request for a period of five years from the date the audit reþort is
issued, unless extended in writing by the Department, with the following exceptions:
1. If any litigation, claim or audit is started before the expiration of the five year period and
extends beyond the five year period, the records will be maintained until all litigation, claims or audit
findings involving the records have been resolved.
2. Records for the disposition of non-expendable personal property valued at $5,000 or
more at the time of acquisition shall be retained for five years after final disposition.
3. Records relating to real property acquisition shall be retain~d for five years after
closing of title.
(c) All records, including supporting documentation of all program costs, shall be suffic~~nt to
determine compliance with the requirements and objectives of the Budget, Attachment G and Worl<plan.
Attachment H of this Agreement. and all other applicable laws and regulations.
(d) The Recipient, its employees or agents, including all subcontractors or consultants to be
paid from funds provided under this Agreement, shall allow access to its records at reasonable times to .
the Department, its employees, and agents. "Reasonable" shall be construed according to the
circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local
time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the
Department.
(e) Any additional terms and conditions on property management and procurement under this
Agreement are set forth in Attachment D.
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(6) REPORTS
(a) At a minimum, the Recipient shall provide the Department with quarterly reports and a
close-out report.
(b) Quarterly reports are due to be received by the Department no later than 21 days after the
end of each quarter of the program year and shall continue to be submitted each quarter until submission
of the administrative close-out report. The ending dates for each quarter of the prOgram year are
December 31, March 31, June 30 and September 30.
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(c) The close-out report is due 45 days after termination of this Agreement or upon completion
of the activities contained in this Agreement
(d) If all required reports and copies, prescribed above, are not sent to the Department or are
not completed in a manner acceptable to the Department, the Department may withhold further payments
until they are completed or may take such other action as set forth in paragraph (9). The Department may
terminate the Agreement with a Recipient if reports are not received within 30 days after written notice by
the Department. "Acceptable to the Departmenr means that the work product was completed in
accordance with generally accepted principles and is consistent with the Budget and Workplan.
(e) Upon reasonable notice, the Recipient shall provide such additional program updates or
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information as may be reqUlr ~d by the Department.
(f) The Recipient shall provide additional reports and information as identified in
Attachment B.
(7) MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised
(see "AUDIT REQUIREMENTS" below), monitoring procedures may include, but not be limited to, on-site
visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or
other procedures. By entering into this Agreement, the Recipient agrees to comply and cooperate with
any monitoring procedures/processes deemed appropriate by the Department. In the event that the
Department determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to
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comply with any additional instructions provided by the Department to the Recipient regarding such audit
The Recipient further agrees to comply and cooperate with any inspections, reviews, Investigations or
audits deemed necessary by the Comptroller or Auditor General. In addition, the Department will monitor
the performance and financial management by the Recipient throughout the contract term to ensure
timely completion of all tasks.
(8) LIABILITY
(a) Unless Recipient is a State agency or subdivision, the Recipient shall be solely<
responsible to parties with whom it shall deal in carrying out the terms of this agreement, and shall save
the Department harmless against all claims of whatever nature by third parties arising·out of the
performance of work under ~his agreement For purposes of this agreement, Recipient agrees that it is not
an employee or agent of the Department, but is an independent contractor.
(b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Fla.
Stat.. agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat. for its negligent
acts or omissions or tortious acts which result in claims or suits against the Department, and agrees to be
liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve
as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein
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shall be construed as consen~ 'rJy a state agency or subdivision of the State of Florida to be sued by third
parties in any matter arising out of any contract
(9) DEFAULT: REMEDIES: TERMINATION
(a) If the necessary funds are not available to fund this agreement as a result of action by
Congress, the state Legislature, the Office of the Comptroller or the Office of Management and Budgeting,
or if any of the following events occur C'Events of Defaulf'), all obligations on the part of the Department to
make any further payment of funds hereunder shall, if the Department so elects, terminate and the
Department may, at its option, exercise any of its remedies set forth herein, but the Department may make
any payments or parts of payments after the happening of any Events of Default without thereby waiving
the right to exercise such remedies, and without becoming liable to make any further payment
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1. If any warranty or representation made by the Recipient in this Agreement or any
previous Agreement with the Department shall at any time be false or misleading in any respect, or if the
Recipient shall fail to keep, observe or perform any of the terms or covenants contained In this Agreement
or any previous agreement with the Department and has not cured such In timely fashion, or is unable or
unwilling to meet its obligations thereunder;
2. If any material adverse change shall occur in the financial condition of the Recipient at
any time during the term of this Agreement from the financial condition revealed in any reports filed or to
be filed with the Department, and the Recipient fails to cure said material adverse change within thirty (30)
days from the time the date written notice is sent by the Department
3. If any reports required by this Agreement have not been submitted to the Department
or have been submitted with incorrect, incomplete or insufficient information;
4. If the Recipient has failed to perform and complete in timely fashion any of the services
required under the Budget Summary, Attachment H of this Agreement and Workplan, Attachment I of this
Agreement
(b) Upon the happening of an Event of Default, then the Department may, at its option, upon
thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to timely
cure, exercise anyone or more of the following remedies, either concurrently or consecutively, and the
pursuit of anyone of the following remedies shall not preclude the Department from pursuing any other
remedies contained herein or otherwise provided at law or in equity:
1. Terminate this Agreement, provided that the Recipient is given at least thirty (30) days
prior written notice of such termination. The notice shall be effective when placed in the United States
mail, first class mail, postage prepaid, by registered or certified mail-retum receipt requested, to the
address set forth in paragraph (10) herein;
2. Commence an approprlatelegal or equitable action to enforce performance of this
Agreement;
3. Withhold or suspend payment of all or any part of a request for payment;
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4. Exercise any corrective or remedial actions, to include but not be limited to, requesting
additional information from the Recipient to determine the reasons for or the extent of non-compliance or
lack of performance, issuing a written waming to advise that more serious measures may be taken if the
situation is not corrected, advising the Recipient to suspend, discontinue or refrain from incurring costs for
any activities in question or requiring the Recipient to reimburse the Department for the amount of costs
incurred for any items determined to be ineligible;
5. Exercise any other rights or remedies which may be othelWise available únder law;
(c) The Department may terminate this Agreement for cause upon such written notice as is
reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud;
lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and
refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to
disclosure under Chapter 119, Fla. Stat, as amended.
(d) Suspension or termination constitutes final agency action under Chapter 120, Fla. Stat.,
as amended. Notification of suspension or termination shall include notice of .administrative hearing rights
and time frames.
(e) In addition to any other remedies, the Recipient shall return to the Department any funds
which were used for ineligibl';' ,;\lrposes under the program laws, rules, and regulations governing the use
of the funds under the program.
(f) This Agreement may be terminated by the written mutual consent of the parties.
(g) Notwithstanding the above, the Recipient shall not be relieved of liability to the
Department by virtue of any breach of Agreement by the Recipient The Department may, to the extent
authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the
exact amount of damages due the Department from the Recipient is determined.
(10) NOTICE AND CONTACT
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by
hand delivery, or first class, certified mail, retum receipt requested, to the representative identified below
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at the address set forth below and said notification attached to the origln¡il of tf:1is Agreement
(b) All notices provided under or pursuant to this Agreement shall be In writing, either by hand
delivery, or first class, certified mail, return receipt requested, to the representative identified below atthe
address set forth below and said notification attached to the original of this Agreement.
(c) The name and address of the Department contract manager for this Agreement is:
Lena A. Price, Community and Social Services Manager
Florida Department of Community Affairs
Division of Housing and Community Development
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Telephone: (850) 488-7541
Fax: (850) 488-2488
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Email: lena.price(â)dca.state.f1.us
(d) The name and address of the Representative of the Recipien\ responsible for the
administration of this Agreement is stated on Attachment G, Recipient Information.
(e) In the event that different representatives or addresses are designated by either party
after execution of this Agreement, notice of the name, title and address of the new representative
will be rendered as provided in (10)(a) above.
(11) OTHER PROVISIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all the information,
representations, and materials submitted or provided by the Recipient in this Agreement. in any
subsequent submission or response to Department request, or in any submission or response to fulfill the
requirements of this Agreement. and such information. representations, and materials are incorporated by
reference. The lack of accuracy thereof or any material changes shall, at the option of the Department
and with thirty (30) days written notice to the Recipient. cause the termination of this Agreement and the
release of the Department from all its obligations to the Recipient.
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(b) This Agreement shall be construed under the laws of the State of Florida, and venue for any
actions arising out of this Agreement shall lie in Leon County. If any provision hereof is In conflict with any
applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and
void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other
provision of this Agreement
(c) No waiver by the Department of any right or remedy granted hereunder or failure to insist on
strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of
the Department hereunder, or affect the subsequent exercise of the same right or remedy by the
Department for any further or subsequent default by the Recipient. Any power of approval or disapproval
granted to the Department under the terms of this Agreement shall survive the terms and life of this
Agreement as a whole.
(d) The Agreement may be executed in any number of counterparts, anyone of which may be
taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabi~ities Act (Public Law 101-
336,42 U.S.C. Section 12101 et sea.),. if applicable, which prohibits discrimination by public and private
entities on the basis of disability in the areas of employment, public accommodations, transportation, State
and local government service;" and in telecommunications.
(f) A person or affiliate who has been placed on the convicted vendor list following a conviction
for a public entity crime or on the discriminatory vendor list¡may not submit a bid on a contract to provide
any goods or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work. may not submit bids on leases of real property to
a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant
under a contract with a public entity, and may not transact business with any public entity in excess of
Category Two for a period of 36 months from the date of being placed on the convicted vendor or
discriminatory vendor list
(g) With respect to any Recipient which is not a local government or state agency,
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(g) With respect to any Recipient is not a local govemment or state agency, and which
receives funds under this Agreement from the federal government, by signing this Agreement,
the Recipient certifies, to the best of its knowledge and belief, that it and its principals:
1. are not presently debarred, suspended, proposed for debarment, declared ineligible,
or VOluntarily excluded from covered transactions by a federal department or agency;
2. have not, within a five-year period preceding this proposal been convicted of or had a
civil judgment rendered against them for commission offraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under
public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen
property;
3. are not presently indicted or otherwise criminally or civilly charged by a governmental
entity (federal, state or local) with commission of any offenses enumerated in paragraph 11(g)2. of this
certification; and
4. have not within a five-year period preceding this Agreement had one or more public
transactions (federal, state or local) terminated for cause or default
Where the Recipient IS ..mable to certify to any of the statements in this certification, such
Recipient shall attach an explanation to this Agreement
(12) AUDIT REQUIREMENTS
(a) The Recipient agrees to maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt and expenditure of
funds under this Agreement
(b) These records shall be available at all reasonable times for inspection, review, or audit by
state personnel and other personnel duly authorized by the Department "Reasonable" shall be construed
according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m.,
local time, Monday through Friday.
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(c) The Recipient shall also provide the Department with the records, reports or financial
statements upon request for the purposes of auditing and monitoring the funds awarded under this
Agreement.
(d) If the Recipient is a State or local government or a non-profit organization as defined in
OMB Circular A-133, as revised, and in the event that the Recipient expends $300,000 or more in Federal
awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in
accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement indicates
Federal resources awarded through the Department by this Agreement. In determining the Federal
awards expended in its fiscal year, the Recipient shall consider all sources of Federal "awards, including
Federal resources received from the Department. The determination of amounts of Federal awards
expended ShOl~ld be in accordance with the guidelines established by OMB Circular A-133, as revised.
An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMB
Circular A-133, as revised, will meet the requirements of this paragraph.
In connection with the audit requirements addressed in Paragraph 12 (d) above, the Recipient
shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-
133, as revised.
If the Recipient exp" ~ less than $300,000 in Federal awards in its fiscal year, an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the
event that the Recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have
an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the
audit must be paid from non-Federal resources (i.e., the cost of such audit must be paid from Recipient
resources obtained from other than Federal entities).
(e) Copies of reporting packages for audits conducted In accordance with OMB Circular
A-133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section
.320 (d), OMB Circular A-133, as revised, by orcn behalf of the Recipient directlv to each of the following:
The Department of Community Affairs at each of the, following addresses:
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Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
and
Department of Community Affairs
Community Assistance Section
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2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies
required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the
Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB
Circular A-133, as revised.
(f) Pursuant to Section .320 (t), OMB Circular A-133, as revised, the recipient shall submit a
copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any
management letter issued by the auditor, to the Department at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
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Department of Community Affairs
Community Assistance Section
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(g) Any reports, management letter, or other information required to be submitted to the
Department pursuant to ~his Agreement shall be submitted timely in accordance with OMB Circular A-133,
Florida Statutes, and Chapters 10.550 (local govemmental entities) or 10.650 (nonprofit and fÇ?r:.-profit
organizations), Rules of the Auditor General, as applicable.
(h) Recipients, when submitting financial reporting packages to·the Department for audits done
in accordance with OMB Circular A-133 or Chapters 10.550 (local govemmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the
reporting package was delivered to the Recipient in correspondence accompanying the reporting
package.
(i) The Recipient shall retain sufficient records demonstrating its compliance with the terms of
this agreement for a period of five years from the date the audit report is issued, and shall allow the
Department, or its designee, the Comptroller, or Auditor General access to such records upon request
The recipient shall ensure that audit working papers are made available to the Department, or its
designee, the Comptroller, or Auditor General upOn request for a period of five years from the date the
audit report is issued, unless extended in writing by the Department
(j) In the event the audit shows that the entire funds disbursed hereunder, or any portion
thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held
liable for reimbursement to the Department of all funds not spent in accordance with these applicable
regulations and Agreement provisions within thirty (30) days after the Department has notified the
Recipient of such non-compliance.
(k) The Recipient shall retain all financial records, supporting documents, statistical records,
and any other documents pertinent to this contract for ~ period of five years after the date of submission of
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the final expenditures report. However, if litigation or an audit has been Initiated prior to the expiration of
the five-year period, the records shall be retained until the litigation or audit findings have been resolved.
(I) The Recipient shall have all audits completed by an independent certified public accountant
(IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473,
Fla. Stat The IPA shall state that the audit complied with the applicable provisions noted above.
(13) SUBCONTRACTS
(a) If the Recipient subcontracts any or all of the work required under this Agreef!1.!'lnt, a
copy of the executed subcontract must be forwarded to the Department within thirty (30) days after
execution of the subcontract The Recipient agrees to include in the subcontract that (i) the subcontractor
is bound by all applicable state and federal laws and regulations, and (il) the subcontractor shall hold the
Department and Recipient harmless against all claims of whatever nature arising out of the
subcontractor's performance of work under this Agreement, to the extent allowed and required by law.
(14) TERMS AND CONDITIONS
The Agreement contains all the terms and conditions agreed upon by the parties.
(15) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully herein.
(b) In the event of any inconsistencies or conflict between the language of this Agreement
and the attachments hereto, the language of such attachments shall be controlling, but only to the extent
of such conflict or inconsistency.
(c) This Agreement has the following exhibits and attachments:
Exhibit 1 Funding Sources
Attachment A - Program Statutes and Regulations
Attachment B - Reports
Attachment C - Copyright, Patent and Trademark
Attachment D - Property Management and Procurement
Attachment E - Statement of Assurances .
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Attachment E - Statement of Assurances
Attachment F - Special Conditions
Attachment G - Recipient Information
Attachment H - Budget
Attachment I Workplan
Attachment J Justification of Advance Payment
(16) FUNDING/CONSIDERATION .. ,
(a) This is a cost-reimbursement Agreement The Recipient shall be reimbursed for
costs incurred in the satisfactory performance of work hereunder in an amount not to exceed
$148.041, subject to the availability of funds and appropriate budget authority. The Recipient is authorized
to incur costs in an amount not to exceed $74.021 until the Department receives the full budget authority.
Upon Department receipt of final budget authority, the parties shall amend the Agreement to authorize the
"Recipient to incur additional costs.
(b) Any advance payment under this Agreement is subject to s. 216.181 (16), Florida
Statutes. The amount which may be advanced may not exceed the expected cash needs of the Recipient
within the first three (3) months, based upon the funds being equally disbursed throughout the contract
term. For a federally funded contract, any advance payment is also subject to federal OMS Circulars
A-8?, A-110, A-122 and the Cash Management Improvement Act of 1990. If an advance payment is
requested, the budget data on which the request is based and a justification statement shall be included in
this Agreement as Attachment J. Attachment J will specify the amount of advance payment needed and
provide an explanation of the necessity for and proposed use of these funds.
(c) After the initial advance, if any, payment shall be made on a reimbursement basis as
needed. The Recipient agrees to expend funds in accordance with the Budget, Attachment Hand
Workplan, Attachment I this Agreement.
(17) STANDARD CONDITIONS
The Recipient agrees to be bound by the following standard conditions:
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(a) The State of Florida's peñormance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification In accordance
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with Chapter 216, Fla. Stat. or the Florida Constitution.
(b) If otherwise allowed under this Agreement, the Agreement may be renewed on a yearly
basis for a period of up to two (2) years after the initial agreement or for a period no longer than the term
of the original agreement, whichever period Is longer, specifying the terms under which the cost may
change as determined in the invitation to bid, request for proposals, or pertinent statutes or regulations.
(c) All bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper pre-audit and post-audit thereof.
(d) If otherwise allowed under this Agreement, all bills for any travel expenses shall be
submitted in accordance with Section 112.061, Fla. Stat
(e) The Department of Community Affairs reserves the right to unilaterally cancel this
Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other
material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in
conjunction with this Agreement
(f) If the Recipient is allowed to temporarily invest any advances of funds under this
Agreement. any interest income shall either be retumed to the Department or be applied against the
Department's obligation to pay the contract amount.
(g) The State of Fiorida will not intentionally award publicly-funded contracts to any Recipient
who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions
contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INAn)].
The Department shall consider the employment by any Recipient of unauthorized aliens a violation of
Section 274A(e) of the lNA. Such violation by the Recipient of the employment provisions contained in
Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the
Department
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(18) LOBBYING PROHIBITION
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(a) No funds or other resources received from the Oepartment in connection with this
Agreement may be used directly or indirectly to influence legislation or any other official action by the
Florida Legislature or any state agency.
(b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her
knowledge and belief: .
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of,a,ny
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the .
making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative
agreement
2. If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, "Oisclosure Form to Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representative of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
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(19) ASSURANCES
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The Recipient shall comply with any Statement of Assurances incorporated as Attachment E.
(20) VENDOR PAYMENTS
Pursuant to Section 215.422, Fla. Stat.. the Department shall issue payments to vendors within
40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods and/or
services provided in accordance with the terms and conditions of the Agreement. Failure to issue the
warrant within 40 days shall result in the Department paying interest at a rate as established pursuant to
Section 55.03(1) Fla. Stat. The interest penalty shall be paid within 15 days after issuing the warrant.
Vendors experiencing problems obtaining timely payment(s) from a state agency may receive
assistance by contacting the Vendor Ombudsman at (850) 488-2924 or by calling the State Comptroller's
Hotline at 1-800-848-3792.
(21) LEGAL AUTHORIZATION
The Recipient certifies with respect to this Agreement that it possesses the legal authority to
receive the funds to be provided under this Agreement and that, if applicable, its governing body has
authorized, by resolution or othelWise, the execution and acceptance of this Agreement with all covenants
and assurances contained herein. The Recipient also certifies that the undersigned possesses the
authority to legally execute and bind Recipient to the terms of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their
undersigned officials as duly authorized.
RECIPIENT
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
BY:
Shirley W. Collins, Director
Division of Housing and Community
Developr:nent
BY
(Type Name and Title)
DATE:
DATE:
Federal Identification Number
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EXHffiIT - 1
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO TIllS AGREEMENT CONSISl'
OF THE FOLLOWING:
FEDERAL PROGRAM:
Federal Agency:
Title:
CFDA Number·:
United States Department of Health and Human Services
Community Services Block Grant (CSBG) Program
93.569
.Catalog of Federal Domestic Assistance
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES A WARDED PURSUANT
TO THIS AGREEMENT ARE AS FOLLOWS:
Federal Program:
List applicable compliance requirements as follows:
1. Purposes resources must be used for:
The Recipient will use the CSBG funds to provide a range of services and activities having a measurable and
potentially major impact on poverty in the communities where poverty is a particularly acute problem. These
funds will be expended in accordance with the Program Statutes, Attachment A, Budget, Attachment H and
Workplan, Attachment I of this Agreement and applicable OMB Circulars.
2. Eligibility requirements for recipients ofthe resources:
The Recipient will comply with applicable OMB Circulars and eligibility requirements as set forth in U.S. Department
of Health and Human Services regulations codified in Title 45 of the Code of Fe,deral regulations as follows:
Part 16 - Department of Grant Appeals Board
Part 30 - Claims Collection
Part 75 - Infonnal Grant Appeals Procedure
Part 76 - Debannent and Suspension from Eligibility for Financial Assistance
Subpart F. Drug-Free Workplace
Part 93 - New restrictions on lobbying
Part 96 - Block Grants
Part 97 - Consolidation of grants to insular areas
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST
OF THE FOLLOWING:
MATCHING RESOURCES FOR FEDERAL PROGRAMS:
Federal PrOflram nist Federal aflencv. Catalofl of Federal Domestic Assistance title and number) - S .0-
SUBJECT TO SECTION 215.97. FLORIDA STATUTES:
State Project (list State awarding agency, Catalog of Stale Financial Assistance title and number) - S .0-
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO
THIS AGREEMENT ARE AS FOLLOWS: N/A
NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that
the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient.
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CSBG
A Tf ACHMENT A
PROGRAM STATUTES AND REGULATIONS
A. INCORPORATION OF LAWS. RULES. REGULATIONS AND POLICIES
Both the Recipient and the Department shall be governed by applicable laws and local rules,
including, but not limited to: The Omnibus Budget Reconciliation Act of 1981, (Public Law 97-35, as
amended), Administrative Rule Chapter 9B-22, Florida Administrative Code, and Title 45 C.F. R. Part 96.
Department of Health and Human Services regulations codified in Title 45 of the Code of Federâl
Regulations are applicable:
1. Part 16 - Department Grant Appeals Board
2. Part 30 - Claims Collection
3. . Part 75 - Informal Grant Appeals Procedure
4. Part 76 - Debarment and Suspension from Eligibility for Financial Assistance.
Subpart F. Drug-Free Workplace
5. Part 93 - New Restrictions on Lobbying
6. Part 96 - Block Grants
7. Part 97 - Consolidation of Grants to the insular areas
B. FUNDING AVAILABILITY FOR EXPENDITURE
Funds are available for expenditure in accordance with Title VI of Public Law 97-35 as amended by
P.L. 105-277,45 CFR Part 96, OMB Circular A-87, and the laws and procedures applicable to the
Community Services Block Grant Program. The Community Services Block Grant program is authorized
and funded through the United States Department of Health and Human Services.
C. PROJECTS OR PROGRAMS FUNDED IN WHOLE OR PART WITH FEDERAL MONEY
The Recipient assures, as stated in Section 508 of Public Law 103-333, statements, press releases,
requests for proposals, bid solicitations and other documents describing projects or programs funded in
whole or in part with Federal money, all grantees receiving Federal funds, including but not limited to State
and local govemments and recipients of Federal research grants, shall clearly state:
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CSBG
ATTACHMENT A
PROGRAM STATUTES AND REGULATIONS
(1) the percentage of the total costs of the program or project which will be financed with Federal
money,
(2) the dollar amount of Federal funds for the project or program, and
(3) percentage and dollar amount of the total costs of the project or program that will be
financed by non-govemmental sources.
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D. PROGRAM INCOME
Program income is gross income received that is directly generated by the federally-funded project.
during the grant period. The recipient may apply program income, excluding interest income, to meet
matching requirements, or may reprogram it for eligible program activities. The amount of program income
and its disposition must be reported to the Department on the monthly financial status reports and at the
time of submission of the final close-out report
E. INTEREST FROM CASH ADVANCES
Non-profit Recipients shall invest cash advances in compliance with section .22 of OMB Circular A-110
as revised. Local Govemments shall invest cash advances in compliance with section .21 (h) (2) (i) of the
Common Rule. All Recipients shall maintain advances of Federal funds in interest-bearing accounts, .
unless the following applies:
(1) NON-PROFITS
(a) The Recipient receives less than $120,000 total from all federal awards per year.
(b) The best reasonably available interest bearing account would not be expected to eam interest
in excess of $250 per year on Federal cash balances from all Federal awards received each
,
year.
(c) The depository would require an average or minimum balance so high that it would not be
feasible within the expected Federal and non-Federal cash resource. Interest eamed off
cash advances shall be reflected on the monthly financial status report and the c1ose-out
reports.
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CSBG
ATTACHMENT A
PROGRAM STATUTES AND REGULATIONS
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(2) LOCAL GOVERNMENTS:
-I,
Except for interest eamed on advance of funds exempt under the Intergovemmental
Cooperation Action (31 U.S.C. 6501 et. seq.) and the Indian Self-Determination Act (23 U.S.C. 450),
grantees and sub-grantees shall promptly, but at least quarterly, remit interest eamed on advanêes to the
Federal agency. The grantee or sub-grantee may keep interest amounts up to $100 per year fôr
administrative expenses for all interest accrued from alUederal awards received. The interest maintained
for administrative expenses must be proportionate to the program's contribution to the interest eamed.
F. MODIFICATIONS
(1) Either party may request modification of the provisions of this Agreement in accordance with
Section F(4) of this attachment.
. (2) All refunds or repayments to be made to the Department under this Agreement are to be
made payable to the order of "Department of Community Affairs," and mailed directly to the Department at
the following address:
Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(3) The Department shall not be obligated to reimburse the Recipient for outlays in excess of the
funded amount of this Agreement unless and until the Department officially approves such expenditures by
executing a written modification to the original contractual Agreement.
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CSBG
ATTACHMENT A
PROGRAM STATUTES AND REGULATIONS
(4) The following conditions will govern modifications to this agreement
(a) An unlimited budgeted amount may be moved from any line item to the direct client
assistance line item without written departmental approval. These changes will become effective upon the
Department receiving and accepting an accurate amended budget summary, budget detail, workplan and
workplan summary reflecting these changes.
(b) With the exception given in (a) above, all requests for modifications to increase or decrease
any line item by more than 20% must be submitted to the Department for approval thirty (30) days prior to
the anticipated implementation date. Failure to meet this time frame may result in reimbursement delays.
The Recipient must use a CSBG modification package, approved by the Department, which includes an
amended budget summary.. budget detail, work plan and work plan summary. Changes which are mutually
agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and
attached to the original of this Agreement
(c) Modifications to increase or decrease any line item by less than 20 percent, may be
made without the Department's written approval. These changes will become effective upon the
Department receiving and accepting as accurate an amended budget summary, budget detail, work plan
and workplan summary reflecting these changes.
(d) Only unobligated funds may be transferred from one line item to another line item.
(e) Budget changes must not result in over expenditure of the amounts stated in section
(17)(a) of this agreement, nor the limits set for administrative or secondary administrative expenses.
G. MATCH REQUIREMENTS
(1) The Recipient shall match the CSBG funds identified in Section (17)(a) by an amount equal to at
least 20 percent of the funds received. Not less than 10 percent of the match shall be in cash. That is,
the Recipient shall supply a cash match equal to at least 2 percent of the CSBG funds received. In-kind
match sources shall absorb the balance of the overall minimum 20 percent requirement
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CSBG
ATIACHMENT A
PROGRAM STATUTES AND REGULATIONS
(2) The Recipient shall provide as matching funds for services under this Agreement the amounts
reflected in Attachments H-1, Budget Summary and H-3, Budget Detail.
(3) Sources of matching funds and expenditures for all funds under this Agreement shall be
governed by the Budget Summary, Attachment H of this Agreement. CSBG funds may not be used in
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part or in whole to meet the two percent cash match requirement.
H. CSBG CLIENT ELIGIBILITY AND CLIENT RECORDS
(1) The Recipient shall certify each client receiving CSBG funded services as income eligible at
125 percent or less of the current Office of Management and Budget Poverty Guidelines as required by
CSBG law. In order to certify each client, the Recipient shall be required to maintain current (less than
one year old) source documentation of income eligibility. In the event that the applicant cannot provide
inëome documentation, the Recipient shall require the applicant to provide a signed certification of
eligibility to attest to the applicanfs verbal declaration. This certification must specify the reasons that
no current documentation can be supplied by the applicant and a statement of how the applicant is
providing for his/her basic needs.
(2) The Recipient will maintain a separate record for each CSBG client which includes at least
the following data: client's name, address, sex, race, age, income amount and method of verification,
date client was interviewed, services provided to the client and documentation of any denial of client
services. All CSBG assistance applications must be signed by the client and by the Recipienfs
representative.
(3) Recipients are required to have written applicant appeal procedures. Any applicant denied
CSBG services must be provided a written notice of the denial which includes the appeals process and
the reason(s) for the denial. In cases where the denial is for lack of documentation, the agency must
explain what specific documents are required in order for the applicant to reapply for services.
(4) All records, correspondence, employee time sheets, board minutes, board meeting notices
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ATTACHMENT A
PROGRAM STATUTES AND REGULATIONS
and other documents related to CSBG funded activities shall be available for public inspection during
normal business hours.
I. MONITORING
. .
(1) The Recipient shall allow the Department to carry out monitoring, evaluation and technical
assistance and shall ensure the cooperation of its employees, and of any subrecipients with whom the
Recipient contracts to carry out program activities.
(2) Training and technical assistance shall be provided by the Department, within limits of staff
time and budge~ upon request by the Recipient and/or upon determination by the Department of
Recipient need.
J. BONDING
(1) Non-Profit Oraanizations: The Recipient agrees to purchase a blanket fidelity bond covering all
officers, employees and agents of the Recipient holding a position of trust and authorized to handle
funds received or disbursed under this Agreement Individual bonds apart from the blanket bond are not
acceptable. The amount of the bond must cover each officer, employee or agent up to an amount which
is equal to at least one-half of the total CSBG contract amount.
(2) Local Governments: The Recipient agrees to purchase a fidelity bond in accordance with
Section 113.07, Fla. Stat. The fidelity bond must cover all officers, employees and agents of the
Recipient holding a position of trust and authorized to handle funds received or disbursed under this
Agreement
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CSBG
ATTACHMENT B
REPORTS
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A. Annual reoorts - Within 45 days after the end of the contract/program the Recipient shall submit
a CSBG Close-out Report, including the CSBG Final Financial Report, a refund check for any unspent
funds, and the CSBG Final Program Report. Recipients will complete and submit the National
Association of State Community Services Programs (NASCSP) information survey. The Recipient will
be notified in writing of the due date.
B. Monthly reoorts - The CSBG Monthly Financial Status Reports must be proYided to thè4
Department no later than 21 days after the end of each month in which funds were expended.
C. Quarterly Reports - The CSBG quarterly program reports must be provided to the Department
no later than 21 days after the end of the last month of the quarterly reporting period.
D. Board Minutes - Official approved minutes from all CSBG Board of Directors' meetings must be
provided to the Department no later than 30 days from the date of each meeting.
. E. Monitorina Report Resoonses - A written response to all monitoring report findings and/or
concerns must be provided to the Department no later than 35 days from the date of the monitoring
report.
F. Board Roster - When board members change, the Recipient will provide a revised board roster to
:
the Department. Board members shall be identified by the sector they serve.
G. Upon reasonable notice, the Recipient shall provide additional program updates or information
as may be required by the Department, including supporting or source documentation for any reports
identified in this section.
H. The reports shall be submitted to:
Ms. Lena A. Price, Community and Social Services Manager
Florida Department of Community Affairs
Division of Housing & Community Development
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
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ATTACHMENT C
COPYRIGHT. PATENT AND TRADEMARK
A. If the Recipient brings to the peñormance of this Agreement a pre-existing patent or
copyright, the Recipient shall retain all rights and entitlements to that pre-existlng patent or copyright
unless the Agreement provides otherwise.
B. If any discovery or invention arises or is developed in the course of or as a result of work or
services peñormed under this Agreement, or in any way connected herewith, the Recipient shall refer
the discovery or invention to the Department for a determination whether patent protection will be sought
in the name of the State of Florida. Any and all patent rights accruing under or in connection with the
peñormance of this Agreement are hereby reserved to the State of Florida. In the event that any books,
manuals, films, or other copyrightable material are produced, the Recipient shall notify the Department.
Any and all copyrights accruing under or in connection with the peñormance under this Agreement are
hereby reserved to the State of Florida.
C. Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all
intellectual properties relevant to the peñormance of this Agreement which he or she knows or should
know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any
pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such
property exists. The Department shall then, under Paragraph (b), have the right to all patents and
copyrights which occur during peñormance of the Agreement.
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ATTACHMENT 0
PROPERTY MANAGEMENT AND PROCUREMENT
Recipient shall comply with property management standards for non-expendable property
equivalent, at a minimum, to OMS Circular A-102, revised or OMS Circular A-110, revised, Subpart C,
Post Award Requirements, and the awarding federal agency's ·Common Rule."
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ATTACHMENT E
STATEMENT OF ASSURANCES
A. Interest of Certain Federal Officials
No member of or delegate to the Congress of the United States, and no Resident Commissioner,
shall be admitted to any share or part of this Agreement or to any benefit to arise from the same.
B. Interest of Members. Officers. or Emolovees of Recioient. Members of Local Governina
Bodv. or Other Public Officials
No member, officer, or employee of the grantee, or its delegates or agents, no member of the
governing body of the locality in which the program is situated, and no other public official of such
locality or localities who exercises any functions or responsibilities with respect to the program during his
tenure or for one year thereafter, shall have any interest direct or indirect, in any contract or subcontract,
or the proceeds thereof, for work to be performed in connection with the program assisted under this
Agreement. The grantee shall incorporate or cause to be incorporated in all such Agreements, a
provision prohibiting such interest pursuant to the purposes of this subsection. No board member,
officer or employee will be pennitted to receive any remuneration or gift in any,amount. Board members
may receive travel expenses in accordance with s. 112.9061, Florida Statutes.
C. Neootism
The grantee agrees to abide by the provisions of s.112.3125, Florida Statutes. pertaining to nepotism
in their performance under this Agreement.
D. CSBG Assurances
The grantee hereby assures and certifies as a condition of receipt of Community Services Block
Grant funds, that it and its subrecipients will comply with the applicable requirements of Federal and
State laws, rules, regulations, and guidelines. As part of its acceptance and use of CSBG funds, the
grantee assures and certifies that
(1) The grantee possesses the legal authority to apply for the grant, and that the contract propo~1
has been approved by the grantee's governing body, including all assurances contained herein.
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CSBG
ATTACHMENT E
STATEMENT OF ASSURANCES
(2) The grantee will use all CSBG funds to provide services and activities having measurable and
potentially major impact on causes of poverty in the community. Funds not used during the contract
period will be returned to the Department of Community Affairs with the close-out report on or before the
due date.
(3) In the case of a Community Action Agency, non-profit private organization or unit of
local government, the recipient ~ssures and provides documentation that its Community ServiCes Block
Grant board is constituted so that:
(a) One-third of the members of the board are elected public officials, holding office on the date
of selection, or their representatives, except that if the number of such elected officials reasonably
available and willing to serve on the board is less than 1/3 of the membership of the board, membership
on the board of appointive public officials or their representatives may be counted in meeting such 1/3
requirement. Letters reaffirming the delegation, signed by the elected officials, shall be required each
year regardless of the number of years the terms run. Upon the request of the Department, Recipients
providing services in multi-county areas are required to submit to the Department a plan to assure
representation of every county served. V\lhen an entity expands to include a new county into its service
area, the new county must be represented on the board by an elected public official or his designee for
the first two years.
(b) Not fewer than one-third of the members of the board are persons chosen in accordance
with democratic selection procedures adequate to assure that they are representatives of the low income
individuals and families in the neighborhood served. Each representative of the low-income sector
selected to represent a specific neighborhood within the community must reside in the neighborhood
served. The Recipient will define what constitutes a neighborhood.
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ATTACHMENT E
STATEMENT OF ASSURANCES
(c) The remainder of the members of the board are officials or members of business, industry,
labor, religious. law enforcement, education, or other major groups and interests in the community
selVed. Interest groups are organizations with non-profit status, incorporated and registered with the
Office of the Florida Secretary of State. Agency bylaws shall specify categories or interest groups
represented by each member. In no case shall bylaws be acceptable that do not specify membership
categories as indicated.
(d) The board of directors will fully participate in the development, planning, implementation,
and evaluation of the CSBG program to selVe low-income communities.
(e) Procedures will be in place which will allow low-income individuals, community
organizations and religious organizations to petition for adequate representation on the board if they feel
inadequately represented.
(1) In the case of a migrant and seasonal farm worker organization, the recipient assures and
provides documentation that the Board of Directors consists of at least 51 percent representatives of
migrant and seasonal farm workers.
(4) In the case of eligible entities and migrant and seasonal farm worker organizations,
the Recipient assures that all board of directors meetings are timely noticed at least seven (7) days but
not more than thirty (30) days prior to the date on which the meeting is scheduled. Such notices must be
given by sending meeting information to local media (newspapers, radio, etc. ) with a copy on file with the
Recipient for inspection by the Department These meetings must be open to the public and held by the
Recipient's board, whose composition must comply with requirements as set forth in Public law 97-35
and in Administrative Rule Chapter 98-22, Florida Administrative Code. If immediate danger to the public
health, safety or welfare occurs requiring emergency action by the board, a board meeting may be
scheduled by any procedure that is fair under the circumstances and necessary to protect the public
interest.
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ATTACHMENT E
STATEMENT OF ASSURANCES
(5) The Recipient will provide for coordination among anti-poverty programs in each
community and, where appropriate, with emergency energy crisis intervention programs under Title XXVI
of the low-Income Home Energy Assistance Act conducted in each community.
(6) The Recipient possesses the sound fiscal controls and fund accounting procedures
necessary to adequately safeguard the assets of the agency, check the accuracy and reliabilil}t'of
accounting data, promote operating efficiency and maintain compliance with audit procedures and
prescribed management policies of the agency.
(7) The Recipient will permit and cooperate with Federal and State investigations
designed to evaluate compliance with the law. The Recipient will notify the Department in writing
immediately of any allegations or acts pertaining to fraud or the misuse of CSBG funds.
. (8) The Recipient w:i11 give the Department, the Auditor General or any authorized
representatives, complete access to examine all records, books, papers or documents related to all
fiscal and program operations of the grant, including those of any sub-recipient.
(9) The Recipient will comply with non-discrimination provisions, in accordance with Florida
Statutes; section 678(F)(c)(1) of Public Law 97-35, as amended; Titles VI and VII of the Civil Rights Act
of 1964; and 45 C.F.R. Parts 84,86 and 90.
(10) The Recipient will comply with the match requirements of this Agreement and maintain
verification of type and source.
(11) The Recipient will comply with section 678(F)(a)(1) of Public Law 97-35, as amended,
which prohibits use of CSBG funds for purchase or improvement of land, or the purchase, construction,
or permanent improvement of any building or other facility.
(12) The Recipient will comply with Administrative Rule Chapter 9B-22, Florida Administrative
Code, which provides that CSBG administrative expenses shall not exceed 15 percent of the total final
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CSBG
ATTACHMENT E
STATEMENT OF ASSURANCES
CSBG expenditures (match excluded) at close out. Any amount in excess of this limit shall be refunded
to the Department at time of contract close out.
(13) If secondary administrative expenses are requested, the following conditions must be
met:
(a) CSBG Budget and Secondary Administrative Expenses, Attachment H. and Workplan,
Attachment I must document how these expenses will be used to support eligible CSBG Community
Action Plan activities.
(b) The administrative expenses of the secondary grant source must be fully utilized
prior to using CSBG funds for secondary administrative expenses.
(c) CSBG funds may not be used to increase administrative expenses for a
secondary grant source above 15 percent of the secondary grant source's total grant amount.
(d) Only the Recipient is eligible for these funds. Secondary administration may not
be claimed or used by sub-recipients.
(e) All contracts and fiscal expense documentation related to the grant sources for which
secondary administration is claimed must be made available to the Department upon request.
(f) Audit costs, travel and associated dues are not allowable secondary administrative
expenses.
(g) Under no circumstances shall secondary administrative expenses be approved for
costs already covered by the secondary grant source, nor for any other administrative costs exceeding
the total of 15 percent of the total secondary grant source budget.
(14) If the Recipient administers a transportation program, it will comply with Chapter 427,
Florida Statutes, so that it will coordinate with the appropriate transportation provider(s).
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CSBG
ATTACHMENTE
STATEMENT OF ASSURANCES
(15) The CSBG application and all its attachments, including budget data, are true and
correct
(16) In accordance with section 678F(b)(1)(2)(A)(B)(C) of Public Law 97-35, as amended, the
Recipient will prohibit any political activities by the Recipient or employees in accordance with the Hatch
Act restrictions on political activity.
(17) In accordance with section 678(G)(a) of Public Law 97-35, as amended, the
Recipient may conduct drug testing on CSBG program participants. If the Recipient does so, it must
inform participants, who test positive, and refer them to treatment facilities.
(18) In accordance with section 678G(b) of Public Law 97-35, as amended, the Recipient
assures that it will inform custodial parents in single parent homes who participate in CSBG-funded
programs about the avai)ability of child-support services and refer them to the appropriate state and local
child support offices.
(19) In accordance with section 676(b)(11) and section 676(b)(3) of Public Law 97-35, as
amended, the Recipient must provide the Department with an agency Community Action Plan that
consists of the following:
(a) A community needs assessment (including food needs);
(b) A description of the service-delivery system targeted to low-income individuals
and families in the service area;
(c) A description of how linkages will be developed to fill identified gaps in services
through information, referral, case management, and follow-up consultation;
(d) A description of how funding under this Act will be coordinated with other public
and private resources; and
(e) A description of outcome measures to be used to monitor success in promoting
self-sufficiency, family stability, and community revitalization.
34
'"
..,
....
, .
CSBG
ATTACHMENT E
STATEMENT OF ASSURANCES
(20) The Recipient assures that the Workplan, Attachment I to thiS agreement is
consistent with the most current Community Action Plan officially adopted by the Recipients's board of
directors.
(21) The Recipient agrees to comply with Public law 103-227, Part C, Environmental
Tobacco Smoke. also known as the Pro-Children Act of 1994 (Act), which requires that smoking not be
permitted in any portion of any indoor facility owned or leased or contracted for by an entity and used
routinely or regularly for the provision of health, day care, education, or library services to children under
the age of 18 if the services are funded by Federal programs either directly or through State or local
governments. Federal programs include grants, cooperative agreements, loans or loan guarantees, and
contracts. The law does not apply to children's services provided in private residences, facilities funded
solely by Medicare or Medicaid funds, and portions of facilities used for in-patient drug and alcohol
treatmenl
(22) The Recipient assures that the above language contained in Section (21) of Attachment
E of this Agreement will be included in any sub-contracts which contain provisions for children's services
and that all sub-grantees shall certify compliance accordingly. Failure to comply with the provisions of
this law may result in the imposition of a civil monetary penalty of up to $1000 per day.
(23) The Recipient assures, as stated in Section 507 of Public Law 103-333, that to the extent
practicable, all equipment and products purchased with funds made available in this Act should be
American made.
(24) The Recipient agrees to adhere to a provision of section 675C(a)(3) of Public law 97-35,
as amended and the FY 2001-2002 CSBG State Plan regarding the recapture of unobligated funds.
Funds allocated in this contract and not obligated by the Recipient during the contract period, will be
retumed to the Department at the time of close out Unobligated funds in excess of 20 percent of the
3S
"'"
...."
, ..
\,
CSBG
ATTACHMENT E
STATEMENT OF ASSURANCES
amount allocated to the Recipient will be surrendered to the Department The balance of unobligated
funds up to 20 percent will be re-co~tracted to the Recipient during the next contracting cycle.
(25) Each Recipient receiving an allotment for a fiscal year shall adhere to the Application and
Plan assurances set forth In section 676 of Public Law 97-35, as amended.
(26) This Agreement has been approved by the Recipient's governing body by official 4
action, and the officer who signs it is dUly authorized to sign this agreement.
(27) The Recipient shall secure and maintain an internet computer service and notify the
Department of their e-mail address.
(28) The Recipient shall develop a Memorandum of Understanding with all Work Force Florida,
Incorporated boards in their service area. The Memorandum of Understanding shall detail cooperative
workforce training and employment efforts and shall describe the actions that will be taken by both
parties to assure the coordination and partnership of the CSBG program and Work Force Florida,
Incorporated ·One-Stop· delivery system, services and information.
36
~
. C~,ª.~L¡z,~
ATTACHMENT F
SPECIAL CONDITIONS
....,¡
r...
'. -.
A. The Recipient and its sub-reclplen~ shall comply with the following special conditions:
None.
B. Failure of the Recipient or its sub-recipients to comply with the special conditions un~er this Agreement shall be cause .
for the immediate suspension of payments, and may be cause for the Immediate termination of this Agreement
37
\r
CSBG
ATTACHMENT G
RECIPIENT INFORMATION
'-'
'.
FEDERAL FISCAL YEAR: 2003 CONTRACT PERIOD: October 1. 2002 TO September 30. 2003
FOR DCA USE ONLY
CONTRACT NUMBER:
'-1_'
DATE RECEIVED:
REVISION(S) RCVD:
DCA CONSULTANT:
I. RECIPIENT CATEGORY: () Non-Profit (X) Local Govemment ( ) Tribal Govemment
II. RECIPIENT FISCAL YEAR: From 10/01/2002 to 09/30/2003
III. COUNTIES TO BE SERVED WITH THESE FUNDS: St. Lucie, Martin, Okeechobee
IV. GENERAL ADMINISTRATIVE INFORMATION
a. Name of Recipient: St. Lucie County Board of County Commissioners
b. Address: 2300 Virginia Avenue
City: Fort Pierce County: St. Lucie ,FL Zip Code: 34982
Telephone: 772-462-1777 Fax: 772-462-1703
E-Mail Address:beth@co.st-lucie.f1.us
c. Mailing Address (if different from above):
437 North ¡th Street
Fort Pierce
, FI Zip Code: 34950
d. Chief Elected Official (for local govemments) or Presidentl Chairman of Board
(corporations):
Name. Doug Coward Title: Chairman
Mailing Address (Home or Business other than Recipient's)
Address:
City: ,FL Zip Code:
Telephone:
e. Official to Receive State Warrant:
Name: Jennifer Hollnagel
Mailing Address: 2300 Virginia Avenue
City: Fort Pierce
Title: Grants Supervisor
,FL Zip Code: 34982
f. Contact Person:
Name: Beth Ryder
Mailing Address: 437 North 7th Street
City: Fort Pierce , FL
Telephone: 772-462-2376
E-Mail.Address:beth@co.st-lucie.f1.us
Title: Community Services Director
Zip Code: 34950
Fax: 772-462-1703
g. Name and title of person(s) authorized to sign fiscal reports:
Beth Ryder, Community Services Director
h. Federal Identification Number: 59-6000835
V. SUB-RECIPIENT INFORMATION
These funds will be transferred to one or more Sub-Recipients: Yes (X ) No ( ) For each Sub-
Recipient, attach a copy of Attachment H-2, Sub-Recipient Information.
'-"
ATTACHMENT H-1
BUDGET SUMMARY
~
R .. t
eCIPlen :
REVENUE SOURCES PERCENT MATCH TOTAL NOTES:
AMOUNT Round all figures
,~ TT. , 'TT. up to the nearest
1. CSBG Grant Funds J',J TT ~ T. J'T.T 148,041 dollar.
,~ TT , 'TT
2. Cash Match 2% 2,961 Provide a minimum
7. of:
2% - Cash Match
.,. 20% - Total Match
3. In-Kind Match 18 % 26,647
Do not under
4. TOTAL MATCH (Line 2 + Line 3) 20% 29,608 match.
1.99% Cash Match
5. TOTAL FUNDS (Line 1 + Line 4) .,. 177,649 is unacceptable.
.,.
CSBG FUNDED PROGRAMS ONLY (A) (B) (C) (D) TOTAL
EXPENSE CATEGORY CSBG CASH IN-KIND
FUNDS MATCH MATCH
ADMIN/STRA TlVE EXPENSES
6. RECIPIENT EXPENSES 500 1,584 14,256 16,340
(Salaries + Fringe, Rent, Utilities, Travel, Other) ----- ----- ----- --------
--------------------
7. SUB-RECIPIENT EXPENSES 12,391 12,391
(Salaries + Fringe, Rent, Utilities, Travel, Other)
.
8. TOTAL ADMINISTRATIVE. EXPENSES 500 1,584 26,647 28,731
(Line 6 + Line 7)
9. ADMINISTRATIVE EXPENSE PERCENT .00337 % CANNOT EXCEED 15% OF CSBG
(Line 8 divided by Line 1) ALLOCATION GIVEN ON LINE 1.
PROGRAM EXPENSES
10. RECIPIENT DIRECT CLIENT ASSISTANCE 58,511 58,511
EXPENSES
------------------- ----- ----- ----- --------
11. RECIPIENT OTHER PROGRAM EXPENSES 20,191 20,191
(Salaries + Fringe, Rent, Utilities, Travel, etc)
12. SUBTOTAL RECIPIENT PROGRAM 78,702 78,702
EXPENSES (Line 10 + Line 11)
13. SUB-RECIPIENT DIRECT CLIENT 68,839 68,839
ASSISTANCE EXPENSES
-------------------- ----- ----- ----- --------
14. SUB-RECIPIENT OTHER PROGRAM 1,377 1,377
EXPENSES (Salaries + Fringe, Rent, Utilities,
Travel, etc)
15. SUBTOTAL SUB-RECIPIENT PROGRAM 68,839 1,377 70,216
EXPENSES (Line 13 + Line 14J
16. TOTAL PROGRAM EXPENSE 147,541 1,377 148,918
(Line 12 + Line 15)
17. SECONDARY ADMINISTRATIVE 7. "
7. "
t=YPt="'~t=~ J'7
18. GRAND TOTAL EXPENSE: 148,041 2,961 26,647 177,649
~me8+Lme16+Lme1n
'-"
'-'"
ATTACHMENT H-2
SUB-RECIPIENT INFORMATION
(Complete this page for each sub-recipient)
RECIPIENT:
St. Lucie County Board of County Commissioners
SUB-RECIPIENT: Martin County Board of County Commissioners
MAILING ADDRESS OF SUB-RECIPIENT:
400 E. Osceola Street, Suite 2
Stuart
, FL ZIP CODE 34994
CONTACT PERSON: Anita Cocoves
TITLE: Health & Human Services Administrator
TELEPHONE: (772) 288-5785
FAX ( 772) 288-5786
NOTE: The following line items (7,13,14 and 15) must correspond to Attachment H-1,
Budget Summary. If there is more than one sub-recipient, it is the Recipient's
responsibility to ensure that the total of all sub-recipient budgets add correctly.
Expenditures must be detailed in Attachment H-3.
CSBG FUNDED PROGRAMS ONLY (A) (B) (C) (D)
EXPENSE CATEGORY CSBG CASH IN-KIND TOTAL
FUNDS MATCH MATCH
SUB-RECIPIENT ADMINISTRATIVE EXPENSES:
7. SUB-RECIPIENT EXPENSES 6,928 6,928
(Salaries + Fringe, Rent, Utilities, Travel, Other)
SUB-RECIPIENT PROGRAM EXPENSES:
13. SUB-RECIPIENT DIRECT CLIENT ASSISTANCE 38,491 770 39,261
EXPENSES
------------------ ----- ---- 1----- ----
14. SUB-RECIPIENT OTHER PROGRAM
EXPENSES (Salaries + Fringe, Rent, Utilities,
Travel, ete)
15. SUBTOTAL SUB-RECIPIENT PROGRAM 38,941 770 39,261
EXPENSES (Line 13 + Line 14J
TOTAL EXPENSES: (Line 7 + Line 15) 38,941 770 6,928 46,189
'-"
-."".¡/
Page _ of _
ATTACHMENT H-2
SUB-RECIPIENT INFORMATION
(Complete this page for each sub-recipient)
RECIPIENT:
St. Lucie County Board of County Commissioners
SUB-RECIPIENT: Okeechobee County Board of County Commissioners
MAILING ADDRESS OF SUB-RECIPIENT:
1019 W. South Park Street
Okeechobee
,FL ZIP CODE 34974
CONTACT PERSON: Sheila Savage
TITLE: Program Manager
TELEPHONE: (863) 462-5180
FAX ( 863) 462-5184
NOTE: The following line items (7, 13, 14 and 15) must correspond to Attachment H-1,
Budget Summary. If there is more than one sub-recipient, it is the Recipient's responsibility
to ensure that th€ uta I of all sub-recipient budgets add correctly. Expenditures must be
detailed in Attachment H-3.
CSBG FUNDED PROGRAMS ONLY (A) (B) (C) (D)
EXPENSE CATEGORY CSBG CASH IN-KIND TOTAL
FUNDS MATCH MATCH
SUB-RECIPIENT ADMINISTRATIVE EXPENSES:
7. SUB-RECIPIENT EXPENSES 5,463 5,463
(Salaries + Fringe, Rent, Utilities, Travel, Other)
SUB-RECIPIENT PROGRAM EXPENSES:
13. SUB-RECIPIENT DIRECT CLIENT ASSISTANCE 30,348 607 30,955
EXPENSES 1-----
------------------ ---- ----- ----
14. SUB-RECIPIENT OTHER PROGRAM
EXPENSES (Salaries + Fringe, Rent, Utilities,
Travel, ete) \
15. SUBTOTAL SUB-RECIPIENT PROGRAM 30,348 607 30,955
EXPENSES (Line 13 + Line 14)
TOTAL EXPENSES: (Line 7 + Line 15) 30,348 607 5,463 36,418
~
"w!I
Page _ of _
ATTACHMENT H-3
BUDGET DETAIL
Martin
EXPENSE OBJECTIVE EXPENDITURE DETAIL BUDGETED
LINE ITEM NUMBER Round up line Item totals to dollars. EXPENDITURES
NUMBER (direct client Do not use cents and decimals In totals.
assistance
lines only) CSBG CASH IN-KIND
FUNDS MATCH"· MATCH"·
SUb-Reclplent Administration Expense
7 Salaries Including Benefits
3,767
138.7 hours - HeaKh & Human Services Administrator@
$27.16lhour
, 781
50,35 hours· Assistance Community Services Direeclor@
$15.51/hour
no
70 hours· Administrative Assistant @ $11.OOIhour
Fringe Benefrts: FICA, FICA MAND, Retirement, Insurance, Life 1,610
Insurance, Worker's Compensalion and Unemployment
Compensation ($ 5,318 X 30.27% ~ $1,610)
Total Salaries and Fringe Benefits: $ 6,928
All in-kind malch is suppUed by slaff salaries of the Marlin
County Board of County Commissioners.
500
PROGRAM EXPENSES
13 Direct Client Services
6.4 RentIMorlgage UtIlity Payments, Utility Deposits 1,800
Approximately 2 households @ approximately $450X 2
months
Approximately 70 households @ approximately $500 or less 34,000
Utility Assistance
Approximately 12 households @ approximately $250 or less 3,000
Approximately 1 household@approxlmately$141 or less 141
Utility Deposits
Approximately 2households @ approximately $385 or less 770
All cash match is supplied by the Martin County Board of County
Commissioners. '
38,941 no 6,928
"EXPLAIN SOURCES OF CASH AND IN-KIND MATCH
'-'
Page
of
....,
ATTACHMENT H-3
BUDGET DETAIL
Okeechobee
EXPENSE OBJECTIVE EXPENDITURE DETAIL BUDGETED
LINE ITEM NUMBER Round up line Item totals to dollars. EXPENDITURES
NUMBER (direct client Do not use cents and dècimals In totals.
assistance
lines only) CSBG CASH IN-KIND
FUNDS MATCH" MATCH"
Direct Client Services
13 6.2 2,248 Units of Personal Care, Homemaking and Respite @ 30,348
$13.5OIunlt
.
Sub-Reclplent Administration Expense
Salaries Includlnq Benefits
7
Bookkeeper 394.2 hours @ $9.95/hour 3,922
13 Fringe Benefils: FICA, Retirement, Insurance, Wor1ce~s 1,541
Compensation and Unemployment Compensation ($3,922 X
39.3%· $1,541)
Total Salaries and Fringe Benefits: $607
10
All cash match supplied by the Okeechobee County Board of
County Commissioners in the fonn of salaries.
Sub-Rectplent Program Expense
13 Salaries Includlnq Benefits
Case Manager Coordinator - 5'10
436
33.86 @ $12.87lhour
171
Fringe Benefils: FICA, Retirement, Insurance, Worke~s
Compensation and Unemployment Compensalion ($436 X
39.3% = $171)
Total Salaries and Fringe Benefits: $14,256
All in-kind match supplied by lhe Okeechobee County Board of
County Commissioners in the fonn of salaries,
Fringe Benefits: FICA, FICA MAND, Retirement, Insurance, Life
Insurance, Worker's Compensation and Unemployment
Compensation ($15,413 X 31% . $4,778)
30,348 607 5,463
**EXPLAIN SOURCES OF CASH AND iN-KIND MATCH
w
ATTACHMENT H-3
BUDGET DETAIL
""
Page _ of
St. Lucie County
EXPENSE OBJECTIVE EXPENDITURE DETAIL BUDGETED
LINE ITEM NUMBER Round up line Item totals to dollars. EXPENDITURES
NUMBER (direct client Do not use cents and decimals In totals.
assistance
lines only) CSBG CASH IN-KIND
FUNDS MATCH" MATCH"·
Recipient Administration Expense
6 Salaries Including Benefits
340.8 hours· Community Services Director @ $32.11/hour
Fringe Benefrts: FICA, FICA MAND, Retlrement,lnsurance, Life 10,943
Insurance, Worker's Compensation and Unemployment
Compensalion ($10,943 X 30.27% ~ $3.313)
Total Salaries and Fringe Benefits: $14,256 . 3,313
All in-kind match supplied by the St. Lucie Counl\' Board of
County Commission"", in the form of salaries.
6 Travel
6 Utilities
All cash match supplied by the SI. Lucie Counl\' Board of County
Commissioners in the form of utilities.
500
PROGRAM EXPENSES
Direct Client Services 1,584
10
1.1 Employment Transportation 12,000
Approximately 40 cUents X approximately $300 for after
hours transportation = $12,000
6.1 Extracurricular Activities for Children 900
Approximately 3 children X approximately $300 tuition for
after school or summer camp activities
6.2 Nutrition. Person Care, Homemaking Services, Respite 7,500
Approximately 25 clients X approximately $300 for meals
and/or other services
6,3 Prescriptions
Approximately 26 clients X approximately $300 for 7,500
prescriptions
6.4 Rent, Mortgage, Utility Payments, Utility Deposits 30,611
Approximately 60 clients X approximately $510.18 for
rent/mortgage/utility payment/utility deposit
11 Salarles Includln!! Benefits 15,413
Community Services Technician II - 50"/. CSBG -
$14.82/hour X 1040 hours
Fringe Benefits: FICA, FICA MAND, Retirement, Insurance, Life 4,778
Insurance, Worker's Compensalion and Unemployment
Compensalion ($15,413 X 31% = $4,778)
79,202 1,584 14,256
"EXPLAIN SOURCES OF CASH AND IN-KIND MATCH
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Page _ of _
Number of Units Expected
Units to be Achieve
Measure Service Category Type of Unit (previously Outcome in
Number -base linea) Contract
Period
(Target)
1.1 Employment Participants 40 35
6.1 Youth Households 10 3
6.2 Senior Programs Households 60 ,. 35
6.3 Self - sufficiency Households 40 25
6.4 Self-Sufficiency Households 300 147
-
CSBG
ATTACHMENT 'I.-7
WORKPLAN SUMMARY
,,-.
....""
Page _ of _
ATTACHMENT J
JUSTIFICATION OF ADVANCE PAYMENT
RECIPIENT:
Indicate by checking one of the boxes below. if you are requesting an advance. If an advance payment l5 requested, budget data on
which the request is based must be submitted. Any advance payment under this Agreement l5 subject to s. 216.181(l6)(a)(b). Florida
Statutes. The amount which may be advanced shall not exceed the expected cash needs of the recIpient within the lDitiaf three months.
J NO ADVANCE REQUESTED
ADVANCE REQUESTED
No advance payment is requested, Payment will
be made soiely on a reimbursement basis. No
additional information is required.
Advance payment of $ is requested. Balance of
payments will be made on a reimbursement basis, These funds are
needed to pay staff, award benefits to clients, duplicate forms and
purchase start-up supplies and equipment. We would not be able to
operate the program without this advance.
ADVANCE REQUEST WORKSHEET
If you have requested an advance in any of the last three CSBG contracts, complete the following workllheet.
DESCRIPTION (A) (B) (C) (D)
1 ~CONTRACTALLOCATION
2 FIRST THREE MONmS CONTRACT
EXPENDITURES'
3 AVERAGE PERCENT EXPENDED IN FIRST
THREE MONTHS (Divide line 2 by line 1.)
. .
I Flnt three months expenditures need only be provided for the yean In which you requested an advance. If you do not have this infonllatlon, call your
consultant and they will assist you.
MAXIMUM ADVANCE ALLOWED:
X $
= $
Cell D3
CSBG Award
(Do not include match.)
MAXIMUM
ADVANCE
REQUEST FOR WAIVER OF CALCULATED MAXIMUM
I Recipient has no previous history of requesting an advance. Complete estimated expense chart below.
J Recipient has exceptional circumstances that require an advance greater than the first three months expenditures of the previous
three years. Complete estimated expenses chart and Explanation of Circumstances below. Attach additional pages if needed.
BUDGET CATEGORY 2002-2003 Anticipated Expenditures for First
Three Months of Contract
ADMINISTRATIVE COSTS (Include Secondary Administration.)
PROGRAM EXPENSES
TOTAL EXPENSES
EXDlanation of Circumstances:
,
~
..J
ST. LUCIE COUNTY
EROSION DISTRICT
BOARD OF COMMISSIONERS
John D. Bruhn
District 1
Doug Coward
District 2
Paula A. Lewis
District 3
Frannie Hutchinson
District 4
Cliff Barnes
District 5
AGE.\JDA
1.
July 23,2002
MINUTES /
Approve the minutes of the meeting held June 25, 2002.
2.
GENERAL PUBLIC COMMENT
CONSENT AGENDA
1. WARRANTS LISTS
Approve Warrants List No. 39 through No. 42
2. PUBLIC WORKS
1999 Beach Nourishment Project· Consider staff recommendation to approve Work
Authorization No.9 (C-00-12-181) V\>ith Taylor Engineering, Inc. ($48,096) for Underwater
Video Mapping to Ground Truth Poten tial Artificial Reef Site(s), ancl authorize the Chairman
to execute the agreement.
NOTICE: All proc~e(Ungs before this Board are electronically r('('orrled. Any person \vho decides to apppal any action taken by the Board
at thE'sE' nwetings will need a record of the proceedings and for slIch purpose may need to ensure that a verbatim record of the proceedings
is made. IJpon the request of any parly to the pro('i..'edings, individuals te.stifying during a hearing will be sworn in. Any party to the
proceedings will be granted an opportunlty to <.:ross·eXé1minc any individual If>stifymg during a hearing upon request. ^nyone with a
disability requiring accommodation to attend this llJl'l'ling should contacl 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.
...
'-'
.-.".,1
EROSION DISTRICT
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: .June 25, 2002
Tape: 2
Convened: 10:22 a.m.
Adjourned: l0:40 a,m.
Commissioners Present: Chairman, Frannie Hutchinson, Doug Coward, Paula A. Lewis,
John D. Bruhn, CliffBames
Others Present: Doug Anderson, County Administrator, Robert Bradshaw, Asst. County
Adminis~rator, Dan McIntyre, County Attorney, Ray Wazny, Public Works Director,
Paul Phillips, Airport Director, Don West, County Engineer, A. Millie Delgado, Deputy
Clerk
1. MINUTES
It was moved by Com. Hutchinson, seconded by Com. Bruhn, to approve the minutes of
the meeting held May 14, 2002; and, upon roll call, motion carried unanimously.
2. GENERAL PUBLIC COMMENT·
I
I
Mr. Robert Anderson, Indrio Road resident, addressed the Board regarding his previous
request for the Board to consider placing palm trees on the beach as an anchor for the
shorcl inc.
Ms. Shirley Burlingham questioned the north shore stabilization project and where it
stands.
Com. Coward suggested a workshop be held with input from those who have ideas on the
erosion problem.
Com. Barnes stated he felt he was not qualified to make any decisions on any of the ideas
whieh would be presented.
Com. Coward asked the Board members take the time to view the video.
Com. Hutchinson asked staff review the time frame and then schedule a workshop.
3. CONSENT AGENDA
It was moved by Com. Bruhn, sccolllll:d hy Com. Coward to approve the Consent
^gL:llda; and, upon roll call, motion carried unanimollsly.
I. WARRANT LIST
The Board approved Warrant List No. 33 through 38.
2. PUBLIC WORKS
A. Resolution No. 02-002- The Board approved the resolution supporting
federal funding of Coastal projects for Fiscal year 2003, and
authorized the Chairman to execute the resolution.
B. Shoreline Stabilization at North Causeway Island - The Board
approved the First Amendment to Work Authorization No.8 (C-OO-
12-181) with Taylor Engineering in the amount of$1,085 for
additional engineering serv;ces and authorized the Chairman to
execute the amendment.
.~
\.,..
""'"
There being no further business to be brought before the Board the meeting was
adjourned.
Chairman
Clerk of Circuit Court
~
I
07/19/02
FZABWARR
FUND
184
/
'-'
ST. LUCIE COUNTY - BOARD
....."
W~~T LIST #42- 13-JUL-2002 TO 19-JUL-2002
FUND SUMMARY- EROSION
TITLE
Erosion Control Operating Fund
GRAND TOTAL:
þ
EXPENSES
20,426.30
20,426.30
PAGE
1
PAYROLL
2,438.01
2,438.01
'"--
06/28/02
FZABWARR
FUND
184
~
ST. LUCIE COUNTY - BOARD
~
WARRANT LIST #39- 22-JUN-2002 TO 28-JUN-2002
FUND SUMMARY- EROSION
TITLE
Erosion Control Operating Fund
GRAND TOTAL:
EXPENSES
2,901.20
2,901.20
PAGE
1
PAYROLL
0.00
0.00
07/05/02
FZABWARR
FUND
184
\r
....,
ST. LUCIE COUNTY - BOARD
WARRANT LIST #40- 29-JUN-2002 TO 05-JUL-2002
FUND SUMMARY- EROSION
TITLE
EXPENSES
Erosion Control Operating Fund
214.16
GRAND TOTAL:
214.16
..
PAGE
1
PAYROLL
2,438.01
2,438.01
07/12/02
F'7:zŒWARR
FUND
184
\w'
ST. LUCIE COUNTY - BOARD
.....
WARRANT LIST #41- 06-JUL-2002 TO 12-JUL-2002
FUND SUMMARY- EROSION
TITLE
Erosion Control Operating Fund
GRAND TOTAL:
.
EXPENSES
20,565.21
20,565.21
PAGE
1
PAYROLL
0.00
0.00
~-
,
'-
'-'
AGENDA REQUEST
ITEM N'õ:' C-2
DATE: July 23, 2002
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [X]
TO: ST. LUCIE COUNTY EROSION DISTRICT
SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115
PRESENTED BY:
(~:'s~t~~
County Engineer
SUBJECT: Work Authorization NO.9 with Taylor Engineering, Inc. ($48,096.00): Underwater Video Mapping
to Ground Truth potential Artificial Reef site(s) related to the 1999 beach nourishment project.
BACKGROUND: One of the mitigation elements for the 1999 beach nourishment project included the
construction of an artificial reef. The U.S. Army Corps of Engineers (USACOE) awarded a construction
contract in 2000 but recently terminated the contract due to lack of performance. Recent evaluation of the
proposed reef location reveals that site conditions have substantially changed requiring the need to identify
a new site. Several other potential sites have been recently identified which have undergone
magnetometer surveys by the USACOE. Further evaluation of the magnetometer surveys has refined the
search to a couple locations. Work Authorization NO.9 with Taylor Engineering, Inc. contains a scope of
work to evaluate the refined site locations in greater detail and recommend one specific site along with a
preliminary reef design. The results of this work will be incorporated in the ongoing permitting efforts with
FDEP for the proposed 2003 beach nourishment. All costs associated with his work will be credited
towards the beach nourishment project by the USACOE.
FUNDS AVAIL.: FDEP has agreed to utilize funds from an existing Grant (98SL 1) to cost share at 50%
and the remaining (50%) funds will be from the Erosion District. Funds will be made available in the
following accounts:
EROSION: 184-3710-563005-3630 ($24,048); FDEP (98SL 1): 184203-3710-563005-3630 ($24,048).
PREVIOUS ACTION:
November 10, 1998: FDEP Grant 98SL 1 (50% match) approved $3,930,750 in State funds.
December 12, 2000: Erosion District approved original Consultant's Agreement with Taylor Eng., Inc.
January 9, 2001: Amendment NO.1 to FDEP Grant 98SL 1, includes additional State funds ($115,880).
April 24, 2001: Amendment NO.2 to FDEP Grant 98SL 1, extends expiration date to June 30, 2003.
RECOMMENDATION: Staff recommends Erosion District Board approval of Work Authorization NO.9 (C-OO-
12-181) with Taylor Engineering, Inc. ($48,096.00) and execution of said agreement by the Chairperson.
COMMISSION ACTION:
[)l APPROVED
[ ] OTHER:
[ ] DENIED
[x]CountyAttorney ~ r~
[x]Originating Dept. Public Work'
[x]Dept. Revenue Coordinator ~
[x]Finance Department (Grants) -. J/:;
[x]Co. Eng
~
....,
COO-12-181
(WA #9)
WORK AUTHORIZATION
Engineering Services Related to the Artificial Reef Design for Beach Mitigation
Pursuant to that certain Consultant Agreement between the St. Lucie County Erosion District
(the "District") and Taylor Engineering, Inc. (the "Consultant") dated December 12, 2000 (the
"Agreement"), Consultant agrees to perform and successfully complete the scope of work as set forth
in the Consultant's "Scope of Services", "Work Compensation Sheet", and "Project Schedule"
attached hereto and made a part hereof as Exhibits "A", "B", and "C", respectively. The District
agrees to compensate the Consultant as set forth in Exhibit "B" and the work shall be completed in
accordance with Exhibit "C".
IN WITNESS WHEREOF, the District has as hereunto subscribed and the Consultant has
affixed his, its, or their names, or name, on the dates below.
WITNESSES:
ST. LUCIE COUNTY EROSION DISTRICT
BY:
CHAIRPERSON
Date:
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
WITNESSES:
TAYLOR ENGINEERING, INC.
BY:
Print Name:
Title:
Date:
H:IWPMISC/TAYLOR.WA
T A Y
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ENGl?o!EER!NG
July 16, 2002
Mr. Richard Bouchard, P.E.
2300 Virginia Avenue
2nd Floor Annex, Room 229
Ft. Pierce, FL 34982-5652
.
RE: Underwater Video Mapping to Ground Truth Sidescan Sonar Data and Preliminary
Reef Design at Ft. Pierce Beach
Dear Mr. Bouchard,
We are pleased to present this proposal for the above referenced project. Exhibit A
contains the scope of work, Exhibit B contains the cost breakdown by task, and Exhibit C
presents the proposed project schedule.
Please feel free to contact Dr. Schropp or me in case of questions.
Sincerely,
~~
Rajesh Srinivas, Ph.D., P.E.
Director
'\
cc: Russell Snyder
enclosure
9000 CYPRESS GREEN DR SUITE 200 JACKSONVILLE FL 3225G TEL. 904 731 7040 FAX 904 73191347
-.
-'
EXHIBIT A
Scope of Work
For
UNDERWATER VIDEO MAPPING TO GROUND TRUTH SIDESCAN SONAR DATA
AND
PRELIMINARY REEF DESIGN
AT
FORT PIERCE
OBJECTIVE
The objectives of this work are (1) to obtain visual ground truth information to verify the bottom
characteristics (i.e., presence or absence of hardbottom) shown on the Corps of Engineers' (COE) June
2002 side scan sonar survey of potential artificial reef construction areas offshore Fort Pierce Beach, and
(2) to develop and provide the COE a preliminary design of the artificial reef. The ground truth
information will be obtained via video survey of three potential reef construction areas. The results of the
video surveys documenting hardbottom locations will be presented as an overlay on the side scan sonar
survey data. The field work will also include jet probes to determine thickness of sand layers and
sediment grab sample collection. The results of the field investigations will be analyzed to develop a reef
design. The results of this work will be incorporated into Taylor Engineering's ongoing coordination with
the Florida Department of Environmental Protection (FDEP) for the Fort Pierce Beach Renourishment
permit application.
SCOPE OF WORK
Task 1. Field Survey and Data Reduction
Taylor Engineering's subcontractor, Continental Shelf Associates will perform an underwater video
survey of approximately eight (8) line miles of the ocean bottom at the locations shown on Attachment 1. We
will record the video survey on videotape with concurrent positioning information obtlined by differentially
corrected global positioning system (DGPS). Positionaráccuracy will be +1- lOft. The video data will be
sufficient to distinguish hardbottom and sand along each line and to a minimum distance of 10 ft on either
side of the line, estimate vertical relief of observed hardbottom, and allow plotting of observed hàrdbottom
locations over the side scan sonar images. This scope of work does not include characterization of biotic
cover, preparation of species lists, or other evaluations of biological characteristics of observed hardbottom.
We will obtain up to 20 jet probes from stations to be specified within the areas encompassed by the
video survey. At each jet probe station, we will record the depth of probe penetration below the sediment
surface. The jet probes will penetrate to a minimum of five feet below the sand surface or to depth of refusal,
whichever first occurs.
We will obtain five (5) sediment grab samples at stations to be specified within the areas
encompassed by the video survey. The sediment samples will be obtained by ponar (or equivalent) grab, core,
or diver in such a manner that sediments are not washed out of the sampling device during retrieval. We will
analyze each sand sample for sediment grain size using !tandard sieve analysis.
Taylor Engineering staff will be on board the survey vessel to provide guidance to the survey crew
and to make field decisions about the location of jet probes and sand samples.
The survey subcontractor will prepare D-size drawings showing the video survey lines, location of
observed hardbottom, location of jet probes and depth of penetration, and location of sediment samples. The
F:\PROPOSAL\p2002-084 Fort Pierce Sidescan GroundtruthlExhibit A.doc
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EXHmIT A
subcontractor will overlay these features on the side-scan sonar images (data to be provided by the Corps of
Engineers) and, based on the combination of sonar image and video information, will plot the estimated
locations of hardbottom features in the survey area. The subcontractor will describe its survey and data
reduction methods in annotations on the drawings or, alternately, in a separate letter report. The drawings will
be prepared in AutoCAD format with locations referenced to the Florida State Plane Coordinate System, East
Zone, North American Datum 1927.
Cost Task I; $40,638.00
Task 2. Data Analysis and Reef Design
Taylor Engineering will perform a quality control review of the hardbottom mapping and notify
the survey subcontractor of any discrepancies to be corrected. We will obtain bathymetric survey data
from the COE and use them to prepare contours plots of bottom elevations. The bathymetric contours will
be superimposed on hardbottom coverage maps. We will analyze the sediment grain size results to
establish sand characteristics and review the jet probe results to determine the thickness of sand in
potential artificial reef placement areas. We will use this information to analyze and predict reef settling
characteristics. We will coordinate with the FDEP and the US Coast Guard to establish minimum
freeboard depths at reef locations. These analyses will be used to determine appropriate reef locations,
spatial distributions of rock volumes during placement, and anticipated final reef bathymetry.
We will coordinate the reef design with the COE. All results will be incorporated into submittals
to the FDEP prepared under our existing task order for beach design and permitting services. We will also
provide the reef design to the COE to assist them in implementing the reef construction project.
Cost Task 2: $7,458.00
Total Project Cost: $48,096.00
Summary
We will perform the scope of services detailed above for a fixed, lump sum fee of $48,096.00. Exhibit B
provides a cost breakdown by task and Exhibit C presents the anticipated work schedule. The schedule,
which assumes a notice-to-proceed date of July 25, 2002, is contingent upon the weather conditions
encountered during Task 1 (video mapping and jet probes and sand samples collection).
F:IPROPOSALlp2002.{)84 Fort Pierce Sidescan GroundtruthlExhibil A.doc
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EXHIBIT B
WORK COMPENSATION SCHEDULE
TAYLOR ENGINEERING, INC.
COST SUMMARY BY TASK
P2002-084: FORT PIERCE SIDESCAN GROUNDTRUTH AND REEF DESIGN
TASK 1: Field Surveys
Labor Days Cost Task Totals
R. Bruce Taylor, Ph.D. 0.125 190.00
Vice President 0.750 720.00
Director 0.500 368.00
Senior Professional 3.500 2,436.00
Staff Technician 0.250 72.00
Administrative Support 0.375 150.00
Total Man-Days 5.500
Labor Cost 3,936.00
Non-Labor Units Cost
Field Services Subcontract 1.0 36,000.00
Sand Sample Analyses 5.0 250.00
Per Diem 3.0 240.00
Car Rental 4.0 200.00
Computer Hours 2.0 12.00
Total Non-Labor Cost 36,702.00
Total Task 1 40,638.00
TASK 2: Data Analyses and Reef Design
Labor Days Cost Task Totals
R. Bruce Taylor, Ph.D. 0.125 190.00
Vice President 0,750 720.00
Director 1,625 1,196.00
Senior Professional 1,250 870.00
Project Professional 4.750 2,812,00
Staff Technician 3.750 1,080,00
Administrative Support 0.625 250.00
Total Man-Days 12,875
Labor Cost 7,118.00
Non-Labor Units Cost
Computer Hours 40,0 240.00
Total Non-Labor Cost 340,00
Total Task 2 7,458.00
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EXHIBIT B
WORK COMPENSATION SCHEDULE
P2002-084: FORT PIERCE SIDESCAN GROUNDTRUTH AND REEF DESIGN
Project Total $ 48,096.00
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