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HomeMy WebLinkAboutAgenda Packet 08-27-02 . ...-..~ , \ '-' ~ AUGUST 27,2002 9:00 AM BOARD OF COUNTY COMMISSIONERS MEETING AGENDA WELCOME GENERAL RULES AND PROCEDURES Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGE~DA- These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Comrnissio:ler so reguests. . ~ REGULAR AGEND.-"'. ITEMS- Proclamations, Presentations, PubEc Hearings, and Department requests are items \\·hich the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARl:\GS- These items are usually heard on the first and third Tuesdays at 7:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings \\ill be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed Drior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, "hen issues are scheduled before the Commiss:on under department request or public hearing, the order of presentation is: (1) County staff prèSents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the Board. ADDRESSING THE C01\lMISSION- 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 ITD!S- These items are presented by an indi\idual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COM~lENT- Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM- Please be respectful of others opinion. MEETINGS- All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 7:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. 1\!eetings arc held in the County Commission Chambers in the Roger Poitras Administration Anne.\: 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 pro\ided of these workshops. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services ~lanager at (561) 462-1777 or TOO (561) 462-1-128 at least forty-eight(48) hours prior to the meeting. '-" . "wi 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 AGE:\DA Aug~st 27, 2002 9:00 A.M. . rNVOCA TION PLEDGE OF ALLEGIANCE '- A. Presentation - Command Sgt. :\Iajor Anthony Slater of the U.S. Army will present an American Flag that flew at Kandahar Airport in Afghanistan. Command Sgt. Major Anthony Slater is a native of Fort Pierce, who has served in Afghanistan since the first deployment, and wishes to have the flag in his hometown. _ B. Resolution No. 02- 202 - Proclaiming the month of September, 2002_¥J "Literacy Awareness Month" in St. Lucie County, Florida. ~r ølJ'-fJJl Presentation - The Board wishes to thank Public Works Employees for their work on the Rouse Road MSBL:. c. 5A. D. Congratulations to Diana Waite for obtaining the only US. Fish and Wildlife grant in the State of Florida, to acquire the first protected site in the histori50J ' range of the Lakela's Mint, an endanger,e~~1t. J-/\V~t!J GENERAL PUBLIC COMMEN:'-'---- RPpíV~, ¡ /' ~\lIØ~ . CONSENT AGENDA (plu-SŒ-A a.> frAt) 11truúS> ~().; \ PUBLIC HEARINGS ~~~Œ~ ~~i\~~ There are no public hearings scheduled for August 27, 2002. 1'0 1 End of Public Hearings 3. 4. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Boara at these meetings will need a record ofthe proceedmgs and for such purpose may neea to ensure that a verbatim record of the proceedings is made. Upon the requesf ofan~' party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceédings will be granted tl1e opportunity to cross-examine any indiVIdual testifying during a hearing upon request. Aiiyone 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) 462-1418 at least forty-eight(48) hours prior to the meeting. '-' .....1 REGULAR AGENDA AUGUST 27,2002 PAGE TWO 6. PUBLIC WORKS B. Resolution No. 02 -194 / River Branch Estates I\ISBU - Consider staff recommendation to adopt the resolution approving the final assessment roll for the River BranffiSstates MuniciEM Services Benefit Unit. (J(è)~ Resolution No. 02-191 / ouse Road MSBU - Consider staff recommendation to adopt the resolution approving the final assessment roll for the Rouse Road Municipal Services Benefit Unit. k 7. AIRPORT St. Lucie County International Airport 1998-2002 Business and Marketing Plan Update - Consider staff recommendation to approve the S2ü-;OOO proposal from Indian River Community College (IRCC) to prepare and update the plan with a 2010 Planning Horizon by assessing the present revenue base, and determine actions necessary to increase that base and diversify the rev~e sources to achieve the mission of financial independencl9dJ~ V\1J( ADMINISTRA nON TTJV~ U 8. Bi-weekly Committee Reports - The Board will provide committee and advisory board updates. :f()JvtCl r')CJuJ ::f:tL~ Au~tCÒìv^úÜ M6- CóJt~þ·f,;~~ CiY~'Yì I (tuJ 171 ~~ J1b~ ffin~ìt1nQJìl ~h\\~ "'" -wi CONSENT AGENDA August 27. 2002 1. WARRANTS LIST Appro\"e warrants list No. 47. 2. COMI\IUNITY SERVICES A. Permission to Advertise / Resolution No. 02-197 - Consider staff recommendation to grant permission to advertise the resolution creating the St. Lucie County Public Transit IVlunicipal Service Taxing Unit (I\ISTU) to be held on September 24, 2002. B. Federal Transportation Administration (FTA) Grants - Consider staff recommendation to approve Resolution No. 02-208, modification of FTA grants FL90-X387, FL90-X414 and FL90-X442 to transfer available funds in the amount of $429,148, for operating assistance only for grant FL90-X462, approve the grant application and acceptance and authorize the Chairman to sign all docul1'!ents necessary after award of the grant. C. Resolution No. 02-210 - Consider staff recommendatiõn to approve the resolution approving the schedule of fees for services of the St. Lucie County Health Department. 3. PUBLIC WORKS Ç<~. Demolition of Building - Consider staff recommendation to approve the ~ . demolition of the dilapidated building at the Stewart Sand Mine "with the ~ ~r lowest bid of $9,500 from LEB Demolition Contractor for removal of the ~~~.j.ft? unsafe structure. (J'~ "f''13. Harmony Heights & Paradise Park Stormwater Improvement Projects - 'Vl\ Consider staff recommendation to grant permission to submit grant applications to the St. Lucie River Issues Team. C. Resolution No. 02-209 / Joint Participation Agreement OPAl with Florida Department of Transportation (FDOT) - Consider staff recommendation to adopt the resolution authorizing the Chairman to sign the agreement for funding to enhance the operation of the County's computerized Traffic Signal System. D. Resolution No. 02-211 / Traffic Signal Maintenance and Compensation Agreement with Florida Department of Transportation (FDOT) - Consider staff recommendation to appro\-e the resolution authorizing the Chairman to sign the agreement for reimbursement for the maintenance and operation of traffic signals or signal systems on the State Highway System. E. Florida Department of Environmental Protection Waste- Tire Grant Agreement for Fiscal Year 2002-2003 - Consider staff recommendation to approve the agreement in the amount of $28,613, and authorize the Chairman to sign the agreement and quarterly reimbursement requests. ~ \wi CONSENT AGENDA AUGUST 27,2002 P AGE TWO 3. PUBLIC WORKS (CONTINUED) F. Air Stripping Treatment System Project - Consider staff recommendation to approve Change Order No.1 to Em iro-Logical Solutions, Inc., in the amount of 510,707.71, bringing the new contract amount to 544,502.71 -;;:."\ V V\,~\ w& V{lC)f --W ¡v\~ Sunrise Boulevard at lvlerritt Ditch GO-inch RCP Culvert Replacement Project - Consider staff recommendation to approve and authorize the Chairman to sign Change Order NO.1 in the amount of $6,926.85 for a total contract price of $131,533.65 to Sunshine Land Design to construct the modifications to the project. 4. INVESTMENT FOR THE FUTURE A. Juanita Avenue Over Taylor Creek Bridge Project (Bridge ID 940040) - Consider staff récommendation to approve Work Authorization NO.2 with Kimley-Horn and Associates, Inc:, to provide design seÌVices in the amount of $63,600, and authorize the Chairman to sign the authorization. B. Cortez Blvd. & South 20[11 Street Culnrt Replacement Project - Consider staff recommendation to accept the project and release retainage in the amount of $12,236.50; deduct ($210) from the contract for failed laboratory tests and make final payment in the amount of $14,166.50 to Lucas Marine Construction, Inc. 5. PURCHASING A. Second Amendment to Contract )\0. COl-10-002 with SYSINCT, a Division of IKON Office Solutions - Consider staff recommendation to approve the contract amendment through September 30, 2003, and authorize the Chairman to sign the amendment as prepared by the County Attorney. B. First Amendment to Contract No. C01-07-513 with Treasure Coast Courier Service, Inc. - Consider staff recommendation to approve the contract amendment through September 30, 2003, and authorize the Chairman to sign the amendment as prepared by the County Attorney. C. First Amendment to Contract Ko. COO-09-539 with Harbor Branch Oceanographic Institute, Inc. - Consider staff recommendation to approve the contract amendment changing the name to Harbor Branch Environmental Laboratory, Inc., and authorize the Chairman to sign the amendment as prepared by the County Attorney. D. Bid No. 02-095 / St. Lucie County Fairgrounds Reverse Osmosis Water Treatment Plant - Consider staff recommendation to av\'ard the bid to the low bidder, Wharton-Smith, Inc., in the total amount of $287,000, and authorize the Chairman to sign the contract as prepared by the County Attorney. '-" CONSENT AGENDA AUGUST 2ï, 2002 PAGE THREE -~ 5. PURCHASING (CONTINUED) E. E"Xtension of Contract No. C01-10-591 with Ronald L. Book and The Rubin Group, Inc. - Consider staff recommendation to approve the contract extension through September 30,2003, and authorize the Chairman to sign the extension as prepared by the County Attorney. 6. fvIANAGEMENT AND BUDGET A. Budget Resolution No. 02-213 - Consider staffrecommendation to approve the budget resolution recognizing the funds from AT&T for underpayment of Franchise Fees in the amount of $20,000 in the General Fund and appropriating them for Administration Legal Fees. B. Budget Resolution No. 02-214 - Consider staffrecommendation to approve the budget resolution appropriating the funds from a term loan in the amount of 52,190,000 for the ìnstallation of the RoÑ< Road Jail Facility Security System. ï. COUNTY ATTORNEY A. Resolution No. 02-206 - Consider staff recommendation to adopt the proposed resolution authorizing participation by the St. Lucie County Housing Finance Authority in the 2003 Escambia County Housing Finance Authority Single Family Ìllortgage Revenue Bonds Program. B. Heathcote Botanical Gardens / Increase in Admission Fees - Consider staff recommendation that the Board approve the proposed fee increase effective October 1, 2002. 8. ADMINISTRATION A. School Readiness Coalition of St. Lucie County, Inc.- Consider staff recommendation to appoint Commissioner Paula A. Lewis to the School Readiness Coalition of St. Lucie County, Inc. B. Board of County Commissioners ~Ieeting Changes for November, 2002 - Consider staff recommendation to approve the request to change the November 5, 2002 and November 19, 2002 meetings to 9:00 am. C. Indrio Blueway Buffer Project / St. Lucie River Issues Team - Consider staff recommendation to authorize the County Administrator to sign the grant application to assist with the acquisition. D. Indrio Blueway Buffer Project / Florida Communities Trust Florida Forever Program Grant Application - Consider staff recommendation to authorize the expenditure of $36ï,500 in Environmentally Sensitive Land Funds for match funds. These funds \\ill be reimbursed as federal/state grant funds become available. '-' 'wi CONSENT AGENDA AUGUST 27,2002 PAGE FOUR 9. PARKS AND RECREATION A. Resolution No. 02-212/ Florida Recreation Development Assistance Program (FRDAP) Grant for Ilous-Ellis Park - Consider staff recommendation to approve the resolution authorizing the Chairman to sign the Interlocal agreement with the City of Fort Pierce, and authorize staff to bring the agreement before the City of Fort Pierce Commission. B. Request to Serve Alcohol at Pepper Park - Consider staff recommendation to approve the request of Leed Fireproofing & Insulation, for their annual picnic on September 1, 2002. - 10. INFORMATION TECHNOLOGY Banner Application Upgrade / Equipment Request No. 02-246 and Budget Amendment No. 02-155 - Consider staff recommendation to approve the equipment request with annual maintenance and budget éÌmendment for the additional IBM computers and support costs in the total amount of $68,082. '-' '-' St. Lucie County Board of County Commissioners Announcements August 27, 2002 A. There \\"m be a Community Wide Memorial Service held on September 11, 2002 at 7:00 pm in the St. Lucie County Civic Center. B. The 2002/2003 Budget Public Hearings will be held oThSeptember 12, 2002 and September 19, 2002 at 5:05 pm in the Commission Chambers. C. The election dates are as follows: Primary Election September 10, 2002 General Election November 5, 2002 D. There Hill be a Joint Airport Annexation Workshop with the City of Fort Pierce on September 13, 2002 at 1:30 pm in the Commission Chambers. '-" ''WI ST. LUCIE COUNTY ENVIRONMENTAL CONTROL BOARD BOARD OF CŒ\DIISSIONERS John D. Bruhn District 1 Doug Coward District 2 Paula A. Lewis District 3 Frannie Hutchinson District 4 Cliff Barnes District 5 AGENDA August 27,2002 REGULAR AGENDA Approve the minutes of the meeting held April 23, 2002. pW~~ 1. MINUTES 2. GENERAL PUBLIC COMMENT (\OTICE: All proceedings hefore this Board are electronically recordeù. Any person Yloo decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose m:lY need to ensure that a n~rb:Him record of the proceedings is rrulde. Upon the request of any party to the proceedings, individuals testif)'ing during a hearing will be sworn in. An)· party La the proceedings will be granted an opportunit)' to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to 3t1end lhi~ meeting should contact the St. Lucie County CommunHy Services Manager at (561) 462·1777 or TDD (561) 462-1428 alleast forly.eighl(48) hours prior to the meeting. '-- ....., ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT BOARD OF COMMISSIONERS John D. Bruhn District 1 Doug Coward District 2 Paula A. Lewis District 3 Frannie Hutchinson Cliff Barnes District 4 District 5 AGENDA August 27, 2002 Approve the minutes of the meeting held August 13, 2002. fY0JøJJ 1. MINUTES 2. GENERAL PUBLIC COMMEKT CONSENT AGENDA '- 1. WARRANTS LISTS 2. PURCHASING ~v~ Approve Warrants List No. -±6 through 47. A. First Amendment to Contract No. C01-1O-077 with Vector Disease Control, Inc. - Consider staff recommendation to approve the amendment through September 30, 2003, and authorize the Chairman to sign the amendment as prepared by the County Attorney. B. Third Amendment to Contract No. C99-10-102 with Metal Cul\"Crts, Inc. - Consider staff recommendation to approve the amendment through September 30, 2003, and authorize the Chairman to sign the amendment as prepared by the County Attorney. C. Homeland Security Project - Consider staff recommendation to appro\"C the project, approve the request to expend $17,119 from the Buildings Account, and authorize the County Administrator to sign the contracts as prepared by the County Attorney. \"OTICE: All proceedings bdol'C this Bmlrd un' electronically recorded. An)' pCl'son ",'110 deCÎ(Jes to appeal any action taken b)' the Board at these meetings "ill need 3 record or the proceedings and for such purpose may n...ed to ensure that a verbatim record DC the proceedings is made. l"pon the request of any part)' to the proceedings. indhiduals tcstif~'ing during a hearing will be swam in. Any party to the proceedingswilJ be granted an opportunity tocross-exaßÛne 3n~. indi,"idual testil)'ing during a hearing upon request. Anyone with:l disability requiring nccommodation to attend this meeting should contact the 81. Lucie County Communit)' Scriicl's ~hm::Jger at (561) 462a1777 or TDD (561) 462a1428 3t least Cortyaeight(48) hours prior to the meeting. """ ,. -...I AUGUST 27,2002 9:00 AM BOARD OF COUNTY COMMISSIONERS MEETING AGENDA WELCOME GENERAL RULES AND PROCEDURES .-"'.ttached is the agenda which will determine the order of business conducted at today's Board meeting: CO:\SENT AGENDA- These item~ are considered routine and are enacted by one motion. There \\ill be no separate discussion of these items unless a Commissioner so reç¡uests. . ~ REGULAR AGENDA ITEMS- Proclamations, Presentations, Public Hearings, and Department requests are items \\'hich the Commission will discuss indi\idually usually in the order listed on the agenda. Pt-BLlC HEARlì\GS- These items are usually heard on the first and third Tuesdays at 7:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 AM. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed Drior to the listed time. The Chairman "ill open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. .-'\s a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the Board. .-"'.DDRESSING THE COMMISSION- Please state your name and address, speaking clearly into the microphone. If you have backup material, please haw eight copies ready for distribution. ,\O:\.AGENDA ITa-IS- These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PCBLIC COMMENT- Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM- Please be respectful of others opinion. :-'lEETINGS- All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 7:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise ad\"ertised. 1\leetings are held in the County Commission Chambers in the Roger Poitras .-"'.dministration Annex at 2300 Virginia Ave., Ft. Pierce, FL 3-1982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is prO\ided of these workshops. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TOO (561) 462-1428 at least forty-eight(48) hours prior to the meeting. '-' \.1 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 Aug~st 27,2002 9:00 AM. .. INVOCATION PLEDGE OF ALLEGIANCE 1. MINUTES Approve the minutes of the meeting held August 20, 2002. 2. PROCLAMATIONS! PRESENTATIONS '- A Presentation - Command Sgt. Major Anthony Slater of the U.S. Army will present an American Flag that flew at Kandahar Airport in Afghanistan. Command Sgt. Major Anthony Slater is a natiye of Fort Pierce, who has served in Afghanistan since the first deplo)ment, and wishes to have the flag in his hometown. B. Resolution No. 02- 202 - Proclaiming the month of September, 2002 as "Literacy Awareness Month" in St. Lucie County, Florida. C. Presentation - The Board \\ishes to thank Public Works Employees for their work on the Rouse Road MSBU. D. Congratulations to Diana \Yaite for obtaining the only US. Fish and Wildlife grant in the State of Florida, to acquire the first protected site in the historic range of the Lakela's Mint, an endangered plant. 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA PUBliC HEARINGS SA There are no public hearings scheduled for August 27, 2002. End of PlIblic Hearings NOTICE: All Proceedings before this Board are electronicaUy recorded. Any person who decides to appeal anv action taken by the Boarâ at these meetings "ill need a record of the proceedmgs and for such purpose may neeð to ensure that a verbatim record of the proceedings is made. Upon the requesf of an)" party to the proceedings, individuals testifying during a hearing will be sworn in. Any paI1Y to the proceëamgs will be granted toe opportunity to cross-examine any indiVidual testif)ing during a hearing upon request. Anvone with a disability requiring accommodation to attend this meeting should contact the Sl Lucie County tommunity Services Manager at (561) 462-1777 or TDD (561) 462-1418 at least forty-eight(48) hours prior fo the meeting. "-- ....", REGULAR AGENDA AUGUST 2ï, 2002 PAGE TWO 6. PUBLIC WORKS A: Resolution No. 02-194 / River Branch Estates MSBU - Consider staff recommendation to adopt the resolution approving the final assessment roll for the River Branch Estates Municipal Services Benefit Unit. B. Resolution No. 02 -191 / Rouse Road MSBU - Consider staff recommendation to adopt the resolution approving the final assessment roll for the Rouse Road Municipal Services Benefit Unit. /. AIRPORT St. Lucie County International Airport 1998-2002 Business and ÌIlarketing Plan Update - Consider staff recommendation to approve the $20~OO proposal from Indian River Community College (IRCC) to prepare and update the plan with a 2010 Planning Horizon by assessing the present revenue base, and determine actions necessary to increase that base and diversify the revenue sources to achieve the mission of financial independence. 8. ADMINISTRATION Bi-weekly Committee Reports - The Board will provide committee and advisory board updates. '-" -"-' CONSENT AGENDA August 27.2002 1. WARRANTS LIST Approve \\-arrants list No. 47. 2. COM"tIIUl\ITY SERVICES A. Permission to Advertise / Resolution No. 02-197 - Consider staff recommendation to grant permission to advertise the resolution creating the St. Lucie County Public Transit Municipal Service Taxing Unit (MSTU) to be held on September 24, 2002. B. Federal Transportation Administration (FTA) Grants - Consider staff recommendation to approve Resolution No. 02-208, modification of FTA grants FL90-X387, FL90-X414 and FL90-X442 to transfer available funds in the amount of $429,148, for operating assistance only for grant FL90-X462, approve the grant application and acceptance and authorize the Chairman to sign all documents necessary after award of the grant. C. Resolution No. 02-210 - Considér staff recommendation to approve the resolution approving the schedule of fees for services of the St. Lucie County Health Department. 3. PUBLIC \rORKS ~~. Demolition of Building - Consider staff recommendation to approve the demolition of the dilapidated building at the Stewart Sand Mine with the 100\-est bid of $9,500 from LEB Demolition Contractor for removal of the unsafe structure. B. Harmony Heights & Paradise Park Stormwater Improvement Projects - Consider staff recommendation to grant permission to submit grant applications to the St. Lucie River Issues Team. c. Resolution No. 02-209 / Joint Participation Agreement UPA) with Florida Department of Transportation (FDOT) - Consider staff recommendation to adopt the resolution authorizing the Chairman to sign the agreement for funding to enhance the operation of the County's computerized Traffic Signal System. D. Resolution No. 02-211 / Traffic Signal Maintenance and Compensation Agreement with Florida Department of Transportation (FDOT) - Consider staff recommendation to approve the resolution authorizing the Chairman to sign the agreement for reimbursement for the maintenance and operation of traffic signals or signal systems on the State Highway System. E. Florida Department of Environmental Protection Waste- Tire Grant Agreement for Fiscal Year 2002-2003 - Consider staff recommendation to approve the agreement in the amount of S28,613, and authorize the Chairman to sign the agreement and quarterly reimbursement requests. \w- .--.1 CONSENT AGENDA AUGUST 27,2002 PAGE TWO 3. PUBLIC WORKS (CONTINUED) F. Air Stripping Treatment System Project - Consider staff recommendation to approve Change Order No.1 to Emiro-Logical Solutions, Inc., in the amount of $10,707.71, bringing the new contract amount to $44,502.71 Sum'ise Boulevard at !\lerritt Ditch 60-inch RCP Culvert Replacement Project _ Consider staff recommendation to approve and authorize the Chairman to sign Change Order NO.1 in the amount of $6,926.85 for a total contract price of $131,533.65 to Sunshine Land Design to construct the modifications to the project. ~ j7¿. Ii j~ '\ 4. INVESTMENT FOR THE FUTURE A. Juanita Avenue Over Taylor Creek Bridge Project (Bridge ID 940040) - Consider staff recommendation to approve Work Authorization No.2 with Kimley-Horn and Associates, Inc:, to pro\ide design services in the amount of $63,600, and authorize the Chairman to sign the authorization. B. Cortez Blvd. & South 20¡h Street Culwrt Replacement Project - Consider staff recommendation to accept the project and release retainage in the amount of $12,236.50; deduct ($210) from the contract for failed laboratory tests and make final payment in the amount of $14,166.50 to Lucas Marine Construction, Inc. 5. PURCHASING A. Second Amendment to Contract ì\o. COI-IO-002 with SYSINCT, a Division of IKON Office Solutions - Consider staff recommendation to approve the contract amendment through September 30, 2003, and authorize the Chairman to sign the amendment as prepared by the County Attorney. B. First Amendment to Contract No. COI-07-S13 with Treasure Coast Courier Service, Inc. - Consider staff recommendation to approve the contract amendment through September 30,2003, and authorize the Chairman to sign the amendment as prepared by the County Attorney. C. First Amendment to Contract No. COO-09-539 with Harbor Branch Oceanographic Institute, Inc. - Consider staff recommendation to approve the contract amendment changing the name to Harbor Branch Environmental Laboratory, Inc., and authorize the Chairman to sign the amendment as prepared by the County Attorney. D. Bid No. 02-095 / St. Lucie County Fairgrounds Reverse Osmosis Water Treatment Plant - Consider staff recommendation to award the bid to the low bidder, Wharton-Smith, Inc., in the total amount of $287,000, and authorize the Chairman to sign the contract as prepared by the County Attorney. ~ CONSENT AGENDA AUGUST 27,2002 PAGE THREE \J ). PURCHASING (CONTINUED) E. E\::tension of Contract ~o. COl-1O-591 with Ronald L. Book and The Rubin Group, Inc. - Consider staff recommendation to approve the contract extension through September 30, 2003, and authorize the Chairman to sign the extension as prepared by the County Attorney. 6. MANAGEMENT AND BUDGET A. Budget Resolution No. 02-213 - Consider staff recommendation to approve the budget resolution recognizing the funds from AT&T for underpayment of Franchise Fees in the amount of $20,000 in the General Fund and appropriating them for Administration Legal Fees. B. Budget Resolution No. 02-214 - Consider staffrecommendation to approve the budget resolution appropriating the funds from a term loan in the amount of $2,190,000 for the installation of the Rocl< Road Jail Facility Security System. i. COUNTY ATTORNEY A. Resolution No. 02-206 - Consider staff recommendation to adopt the proposed resolution authorizing participation by the St. Lucie County Housing Finance Authority in the 2003 Escambia County Housing Finance Authority Single Family :Mortgage Revenue Bonds Program. B. Heathcote Botanical Gardens / Increase in Admission Fees - Consider staff recommendation that the Board approve the proposed fee increase effective October 1, 2002. 8. ADMINISTRATION A. School Readiness Coalition of St. Lucie County, Inc.- Consider staff recommendation to appoint Commissioner Paula A. Lewis to the School Readiness Coalition of St. Lucie County, Inc. B. Board of County Commissioners Meeting Changes for November, 2002 - Consider staff recommendation to approve the request to change the November 5, 2002 and November 19, 2002 meetings to 9:00 am. C. Indrio Blueway Buffer Project / St. Lucie River Issues Team - Consider staff recommendation to authorize the County Administrator to sign the grant application to assist with the acquisition. D. Indrio Blueway Buffer Project / Florida Communities Trust Florida Forever Program Grant Application - Consider staff recommendation to authorize the expenditure of 5367,500 in Environmentally Sensitive Land Funds for match funds. These funds will be reimbursed as federal/state grant funds become available. \w CONSENT AGE:\D.-\ AUGUST 27, 2002 PAGE FOUR '...I 9. PARKS A:\D RECREATION A. Resolution No. 02 -212/ Florida Recreation Development Assistance Program (FRD.-\P) Grant for Ilous-Ellis Park - Consider staff recommendation to apprme the resolution authorizing the Chairman to sign the Interlocal agreement with the City of Fort Pierce, and authorize staff to bring the agreement before the City of Fort Pierce Commission. B. Reqnest to Serve Alcohol at Pepper Park - Consider staff recommendation to approve the request of Leed Fireproofing & Insulation, for their annual picnic on September 1, 2002. 10. INFOR1\l-\TIO:\ TECHNOLOGY Bànner Application Upgrade / Equipment Request No. 02-246 and Budget Amendment No. 02-155 - Consider staff recommendation to approve the equipment request with annual maintenance and budget àmendment for the additional IB:\I computers and support costs in the total amount of $68,082. \.. -'WIll St. Lucie County Board of County Commissioners Announcements August 27, 2002 A. There will be a Community v\'ide :-'!emorial Service held on September 11, 2002 at ï:OO pm in the St. Lucie County Civic Center. B. The 2002/2003 Budget Public Hearings \\ill be held on"september 12, 2002 and September 19,2002 at 5:05 pm in the Commission Chambers. C. The election dates are as follows: Primary Election September 10, 2002 General Election November 5, 2002 D. There will be a Joint Airport Annexation Workshop with the City of Fort Pierce on September 13, 2002 at 1:30 pm in the Commission Chambers. / '-' ....,¡ BOARD OF COUNTY COMMISSIONERS ADDITIONS AGENDA August 27. 2002 CONSENT AGENDA County Attorney C-A.1 Domestic Relations Hearing Officer / Second Amendment to the July 11, 2000 Agreement with Judith G. Hill, Esquire'- - Consider staff recommendation to approve the amendment and authorize the Chairman to sign the amendment. Purchasing c.A2. Addendum to RFP No. 02-099/ Port of Fort Pierce, FL Design, Build and Operation for Development of 87 Acres or a Portion Thereof (Phase II) - Consider staff recommendation to issue an addendum extending the date set for receipt of proposals to October 23,2002. NOTICE: All Proceedings before this Board are electronically recorded. Any person ..ilo decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and far 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 pany to the proceedings will be granted the opportunilyto cross- examine any individual testifying duñng a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie Counly Communily Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. ,L. ~: ... /!š:::;nya -"mith - Advance copy of press release From: To: Date: Subject: <Bert_Byers@fws.gov> <s!l1 ith s@co.st-Iucie.fl.us>, <mcelrot@doacs.state.fl.us> 8/5102 1 :36PM Advance copy of press release This will not be released until Tuesday. It is forwarded for your information. NEWS RELEASE FOR IMMEDIATE RELEASE August 6, 2002 Contact: Jim Rothschild, 404/679-7291 News Release Number R02-066 Southeastern State Agencies receive Grants to Acquire Land for Endangered Species The Southeast Region of the U.S. Fish and Wildlife Service (Service) announced today the distribution of almost $5 million in grants to southeastern state agencies under the Recovery Land Acquisition (RLA) Grants Program. This program is part of the Cooperative Endangered Species Conservation Fund for grants to states that is authorized under the Endangered Species Act. The RLA Grants Program provides funding to states for acquisitions of habitat that support approved recovery plans for federally listed species. This program addresses one of the primary threats to federally listed plants and animals nationwide? the loss of habitat? by protecting habitat important to the recovery of federally listed species. The proposals submitted under the RLA Grants Program were evaluated in a competitive regional review process. Nationally, over $17 million in funding to states was available through the program. This funding is one of several ways the Service works in partnership with States to conserve federally listed and other declining species. "Last year under the RLA Program, we were pleased to award funding to three of our states to aid in the recovery of endangered bats and several federally listed plants," said Sam D. Hamilton, the Service's Southeast Regional Director. "This year with available funding, we can provide funding to help four of our states acquire and protect habitat essential to the recovery of over 15 federally listed species." The Service's Southeast Region is comprised· of Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina, Tennessee, Puerto Rico, and the u.s. Virgin Islands. A portion of the available funding will go to protect habitat in North Carolina, Georgia, Florida, and Tennessee. ..",¡ Page 1 ~.. RECEIVED ~G,c¡~~ ~ ~Vrs To, - E)( (etle.w+) .1\u- 6AlJ S,tt clAc; Stlt It'! fL-: \,JÆ JOAe H~ 90~&· i)\úfYl UJ~ ;nya Smith - AdvancEL )y of press release ,----~_.__._-_.."_..__._-_.. - --~---------_._-- "Our state agencies, with the assistance and willingness of private landowners or efforts taken by local communities, have submitted some great ideas under the RLA program this year. The program continues to grow mainly due to our states' abilities to find workable solutions and partners. This helps them capitalize on opportunities to acquire habitat and to recover listed species." said Hamilton The following projects were selected for funding: North Carolina: The North Carolina Wildlife Resources Commission will receive funding to help acquire land along the Little Tennessee River in western North Carolina. The Little Tennessee River contains some of the best populations of spotfin chubs (a fish) and Appalachian elktoes (a mussel), both federally protected species. Acquiring this land will provide riparian protection for the river and its biologically diverse aquatic communities. Georgia: The Georgia Department of Natural Resou'rces will receive funding to help buy 5,480 acres of land contiguous to their already protected Chickasawhatchee Wildlife Management Area. Located near Albany, Georgia, Chickasawhatchee Swamp is one of the largest remaining, relatively intact, freshwater swamps in the southeastern United States. The Nature Conservancy originally stepped in to protect this property, but with ownership transferred to the state, this property will be managed for the recovery of severally federally listed species like the wood stork and the gulf moccasinshell (a mussel). It is a critical site for migratory birds, freshwater fish and mussels, numerous plants, animals and plant communities, many of which are federally or state threatened or endangered species. Florida: The Florida Department of Agriculture and Consumer Services will receive funding to acquire the first protected site in the historic range of the Lakela's mint, an endangered plant. St. Lucie County and FDACS are the major partners in efforts to protect and aid in the recovery of one of the largest sites of this endemic plant. Its protection will also benefit the Florida scrub jay, and numerous state listed species. The site is located in St. Lucie County, Florida Tennessee: The Tennessee Department of Environment and Conservation will receive funding to aid in the recovery of the Pyne's ground plum, an endangered plant, in Rutherford County, Tennessee near Murfreesboro. Protecting one-third of the species' total habitat and having a healthy population that contains 250 to 300 plants will be a great step forward for recovery of this plant. Acquiring the site proposed under this project will not only protect not only the second of only three known wild populations of the Pyne's ground plum but also a unique and rare community type, a pristine cedar glade, as well as other state listed species. The Tennessee Wildlife Resources Agency will also receive funding to help purchase land on the Duck River in Marshall and Maury Counties, Tennessee, to aid in the recovery of several federal and state listed page21 . ----.J , ~ --' '-" AGENDA REQUEST ...J ITEM NO. C-A-2 DATE: August 27, 2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasinq Department Michael Rath, Purchasinq Director SUBJECT: Request for approval to extend the date set for receipt of proposals for RFP No. 02-099 Port of Fort Pierce, FL Design, Build and Operation for Development of 87 Acres or a Portion Thereof (Phase II) BACKGROUND: On July 15, 2002 the Board authorized the issuance of RFP No. 02-099Port of Fort Pierce, FL Design, Build and Operation for Developmént of 87 Acres or a Portion Thereof (Phase II), with an opening date set for September 25, 2002. The Purchasing Department has received a letter (attached) from The Haskell Company, requesting a thirty-day extension of time for the submittal of their proposal in order for them to continue their discussions and efforts to consolidate other respondents into their team and overall proposal. Staff recommends that an Addendum be issued extending the date set for the receipt of proposals to October 23, 2002. FUNDS AVAilABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval to issue an Addendum to RFP 02-099 extending the date set for the receipt of proposals to October 23, 2002. COMMISSION ACTION: ?} APPROVED [] DENIED [ ] OTHER: County Altorney.(X) ~ Coordination/Signatures Mgl. & Budget Purchasing Mgr.:(X) /-¿ Other: Originating Dept:: Other: Finance: (Check br Copy only, if Applicable) Eft. 1/97 AUG-26-2002 MOl' ~4:01 PM "" FAX NO, p, 02/03 J THE HASKELL COMPANY ~:)TAL FACILITY SOLUTIONS Robert G. Randall Direç'or of Project Development VIA FACSlMIl. ~ - (561) 462-1704 August 26, 2002 Re; RFP #02-099 Port of Fort Pierce Design-Build and Operation for Development of 87 acres or a Partie n Thereof ( Phase II) !\'JI. lVllcnaeJ t~am S1. Lucie Cou::ty Purchasing Director 2300 Virginia A,.venue, Room 228 Fort Pierce, Florida 34982 Dear Mr. Rath '- Wc l'csl'cctfull,. raquC$t ¡¡ 30 4ny rime exten$ion to Oet(lber 25,2002 f(lrthe submittal ofrtfP; s due on September 25, 2002 for the above referenced project. We request th:,¡ time extension in order that we may continue our discussions and efforts to consolidate of: er RFP respondents into our team and overall proposal. Your considerttion of this matter would be greatly appreciated. Sm,,,.ly, 1 ~ ~~:~; Enclosure lJASKELL DUI ~DING.JACKSONVILLE,PLORIDA 3'1331·4100-90.{1791 1500 PAX 79114:99 AItAlOOZSl IBOOC09ll6 IBOOOO849 Qa-OOJl79S "" ..,.1 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: August 20, 2002 Tape: 1,2 Convened: 6:00 p.m. Adjourned: 8:00 p.m. Commissioners Present: Doug Coward, Chairman, Cliff Barnes, Frannie Hutchinson, Paula A. Lewis, John D. Bruhn Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Dan McIntyre, County Attorney, Paul Phillips, Airport Director, Pete Keogh, Parks and Rec. Director, Dennis Murphy, Community Development Director, Bill Blazak, Utilities Director, Mike Rath , Purchasing Director, Marie Gouin, M & B Director, Don West, County Engineer, David Rodriguez, Human Resources Director, A. Millie Delgado, Deputy Clerk 1. MINUTES (1-029) It was, moved by Com. Bruhn. seconded by Com. Lewis, to approve the minutes of the meeting held August 13, 2002; and, upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENTS Mrs. Arlene Goodman, White City resident, addressed the Board in favor of Project "P" moving forward. Mr. Tom Ladomirak area resident, addressed the Board in favor of Project "P". 3. CONSENT AGENDA It was moved by Com. Hutchinson. seconded by Com. Bruhn, to approve the Consent Agenda with item C-5B pulled and, upon roll call, motion carried unanimously, 1. WARRANT LIST '1'111.: Board approved Warrant List No, 4(). 2. PUBLIC WORKS A. South 71h Sl. Canal Farmer's Market Drainage Improvements -:- The Board approved Work Authorization No. 8 to the Agreement for Continuing Professional Engineering Services with Hazen and Sawyer, PC for the S. ih St. Canal Crossing as part of the project, in the amount of $8,400 and authorized the Chairman to sign the authorization. B. Road and Bridge/Equipment Request No. 02-240/- The Board approved the equipment request for the purchase of a 60" 26 HP Dixie Chopper Mower in the amount of$7,539. C. Road and Bridge/Equipment Request No. 02-242- The Board approved the equipment request for the purchase of a 48" Hand Squeeze Roll Applicator with Air Cylinders from the lowest bidder, 3 M in the amount 01'$3,132. l ...,., .""",J D. River Branch Estates MSBU Water Main Project- The Board approved accepting the project and released the retainage in the amount of $7,686; deduct Change Order No. 1 in the amount of ($1,775.60) deduct ($40.00) from the contract for failed laboratory tests, make final payment to Barton Underground Construction, Inc., in the amount of $21,832. E. Road and Bridge/Equipment Request No. 02-243/Budget Resolution No. 02-207- The Board approved the equipment request and budget resolution for the purchase of a replacement 7KW Generator in the amount of $1 ,449. 3, PURCHASING A. Bid'No. 02-094/Fertilization Program for Thomas J. White Stadium- The Board approved awarding the bid to Lesco, Inc., at the unit prices submitted, and authorized the Chairman to sign the contract as prepared by the County Attorney. B. Bid No. 02-101/Pre-Employment Physical Exams & Drug Testing- The Board approved awarding the bid to Absolute Testing & Consulting, Inc., at the unit prices submitted, and authorized the Chairman to sign the contract as prepared by the County Attorney. C. Extension of Contract No. C99-10-067 with Dave's Communications Inc., - The Board approved the final one year extension to the current contract through September 30, 2003 and authorized the Chairman to sign the extension as prepared by the County Attomey. 4. PARKS AND RECREATION Budget Amendment No. 02-151- The Board approved the budget amendment to use $5,000 from the Contingency Fund for improvements to the Employee Break/Lunch Room. 5. ADMINISTRATION A. Equipment Request No. 02-244/Budget Amendment No. 02-152- The Board approved the budget amendment and equipment request for the purchase of a HP Laser Jet 4100 printer for District 4 in the amount of $1,103. B. Change Order No. 2 to Existing Contract with MCSI - this item was pulled. (I. COMMUNITY DEVELOPMENT A. Final Plat Approval/Raptor SID - The Board approved the final plat and authorized its final execution. B. Christensen Acres Subdivision/Final Plat Review- The Board approved the 1inal plat and authorized staff to proceed with its final processmg. C. Montoya I Subdivision/Final Plat Review- The Board approved the final plat and authorized staff to proceed with its final processing. D. Montoya 2 Subdivision /Final Plat Review- The Board approved the final plat and authorized staff to proceed with its final processing. 7. COUNTY ^ TTORNEY 2 '-" ..., Resolution No. 02-195- The Board approved adopting the proposed resolution authorizing the Medical Examiner to increase the fee for preparation and issuance of a Cremation Certificate. 8. INVESTMENT FOR THE FUTURE Thomas J. White Stadium Improvements- The Board approved the purchase of 1005 rcplacement seats and 1273 replacements seat backs from American Seating Company as a sole source procurement, and approved the use of Investment for the Future Funds in the amount of$43,057.55 for the purchase. R.5- For considcration belÖre the Board was staff recommendation to authorize staff to negotiate an agreement with Port St. Lucie Utilities and that the negotiated agreement be brought back to the B<;J<trd for final approval. Com. Barnes requested the Board be provided with the experts findings on the issue of exclusivity and what facts they were based on. The County Attorney gave a brief background on Mr. Gilden who has represented various governmental entities on Utility issues. He represents St. Lucie County and has been involved in litigating two service area cases. The County Attorney advised the Board that Mr. Gilden's opinIOn is as follows as outlined in his memorandum, he believes that the city ofFt Pierce and FPUA do not have an exclusive service area because they have the annexation requirement as a condition of service. Very clearly, the city attorney disagrees with this opinion, they both read the same cases differently. The County Attorney read the case and stated, "to be fair about it, he docs not believe the main case cited supports the city's position, but it does not necessarily answer directly the issue which is in front of them but, he believes there is language in the case not directly involved in the holding that seem to indicate that if the city was to condition service on annexation that this would have resulted differently". Com. Bruhn stated he felt they needed to move forward to bring this project to St. Lucie County and appealed to the city not to litigate the issue. Com. Hutchinson asked the County Administrator he felt comfortable in saying that he has done everything in his power to work with the city ofFt Pierce. The County Administrator replied , "yes, I feel comfortable and through our County ^lIorney's oniCl: alld l:Ollllty stan~ 011 several occasions wc havc tricd to open the doors In the eity of Ft. Pierce alld 10 date, on everyone of those occasions, they have closed the doors on liS". Com. Hutchinson stated shc did not see a winner if this ended up in litigation, but, for the sake of thc community at large, and for the citizens that they all as elected officials represent whcther it be city or county, that this is a project that needs to move forward, and she will be supporting moving forward with Port St. Lucie. Com. Lewis stated the bencfit that this project would bring to the county far out weighs anything that has been said by either side and we must look at that benefit when making a decision. While she truly wishes there was another way, everyone does not get what they wish and although this is a difficult position, she too thinks they need to move forward at this point. Com. Coward advised the Board that he had appeared the evening prior bcfore the city commission with a last appeal for them to try and work with the county, there was a motion on the floor to waive annexation and due to lack of a majority, they did decide to vote in favor of the project, but did not trike up the specific issues whieh needed to be addn:ssed regarding :lIl1lexalion and ulilily services. lie does nol believe lhey have a choice today, lhey have one enlily who is willing to provide the service withoul 3 ""' '-' annexation which meets the perimeters of the company who wishes to locate here, so, this is an easy decision despite all the controversy and complexity. He does not believe the Board has a choice at this time, and believes they need to move forward with or without the city. Com. Coward advised the Board that in speaking with the Mayor and the City Commission the prior evening, they basically discussed two options, one was the waiver of the annexation which for the record, FPUA representative spoke in support of waving the annexation and they do not support the annexation policy which he found quite interesting. The second issue they talked about was carving out the area and establishing an interlocal agreement between the city of Ft. Pierce and the county so that they would be ablc to move forward with anncxation in this arca without having this project jeopardize their ability and again this door was slammed shut. It was moved by Com. Bruhn, seconded by Com. Lewis, to authorize staff to negotiate an agreement with Port St. Lucie Utilities and that the negotiated agreement be brought back to the Board for final approval; and, upon roll cal, motion carried unanimously. RA-I. Agreement to Conduct Site Remediation Activities/Wal Mart Stores East, LP (Project P) - Consider staff recommendation to approve the agreement and authorize the Chairman to sign the agreement. It was moved by Com. Hutchinson, seconded by Com. Brulm, to approve staff recommendation; and, upon roll call, motion carried unanimously. ó.A COUNTY ATTORNEY (1-834) A. County Audit/Agreement with Berger, Toombs, Elam & Frank- Chartered- Consider staff recommendation to approve the agreement and authorize the Chairman to sign the agreement. It was moved by Com. Bruhn, seconded by Com. Lewis, to approve the agreement with Berger, Toombs, Elam & Frank Chartered and authorized the Chairman to sign the agreement; and, upon roll call, motion carried unanimously. B. Resolution No. 02-199/Community Parks/Open Space Bond Referendum Ballot Question- Consider staff recommendation to adopt the resolution , authorize the Chairman to sign the Resolution and authorize staff to advertise a notice of the bond referendum election as required by law. It was moved by Com. Barnes, seconded by Com. Lewis, to approve Resolution No. 02- 199; and, upon roll call, motion carricd unanimously. R^-2 Economic Developmcnt ^d Valorcm Tax Excmption Ballot Qucstion/Novcmber 5, 2002 General Election 8allot- Consider staff to adopt Resolution No. 02-116 and Resolul ion No. 02-1l)() and authorizc thc Chairman to sign the rcsolutions. Com. Hutchinson questioned if added language could be placed in Resolution No. 02-196 regarding the eligibility criteria that should a company decide to leave before the 15 year period they would be responsible to pay the exemption back with interest. The County Attorney suggested Resolution No. 02-196 be brought back to the Board at a later date for approval so that the requested language could be added. Com. Lewis requestcd time to consider this issue since she was under the impression that this was done on a case by case basis, she agreed with deferring this item. II waS Illovcd by ('0111. I ,cwis, sccolHlcd by COI1l. r3aI1lCS 10 lIpprovc Rcsollllioll No. 02- II (); and, upon roll call, motion carried unanimously. 4 \¡... -..I Rl:Cess-(,:40 p.lll. Re-collvclled 7:00 p.lll. PROCLAMA nONS/PRESENT AnON 2.A Resolution No. 02-201- Proclaiming the week of August 26, 2002 through September 2,2002 as "Fire Fighter Appreciation Week" in St. Lucie County. It was moved by Com. Hutchinson ,seconded by Com. Bruhn, to approve Resolution No. 02-201; and, upoñ roll call, motion carried unanimously. Mr. Gary Holland, Fire District Representative, was present to accept the proclamation. 5. PUBLIC WORKS A. Demolition of Unsafe Building/1808 Avenue Q, Ft. Pierce, Fla. - Pursllant to the provisions of Article IJT of Chapter 2-5 of the St. Lucie County Code or Ordinan'ccs and Compiled Laws, consider starr recommendation to enter an order to repair or demolish the building December 1, 2002. If the building is not repaired or demolished by December 1, 2002,the County shall demolish the building and assess the entire cost against the real property where the building is located. The Board accepted staffs rcport as part of the record. It was moved by Com. Bruhn, seconded by Com. Hutchinson to approve staff recommendation; and, upon roll call motion carried unanimously. B. Demolition of Unsafe Building/ 2203 Elizabeth Avenue, Ft. Pierce Fla Pursuant to the provisions of Article III of Chapter 2-5 of the St. Lucie Coullty Code of Ordinances and Compiled Laws, consider staff recommendation to enter an order to repair or demolish the building by December 1, 2002. If the building is not repaired or demolished by December I, 2002, the County shall demolish the building and assess the entire cost against the real property where the building is located. A petition was received earlier regarding this property. Mr. J aek Hoyt, property owner addressed the Board and asked for an extension. He stated he has had financial problems and was not able to repair the building. Mr. Hoyt submitted a motion for extension of time to the Board. Ms. Lori Testa, 2208 Barber Avenue, addressed the Board regarding this property. Ms. Testa advised the Board of the hazardous condition this house is in and of al the rats running around the property. At this point, she feels it is a safety issue. She advised the Board that the hOllse has been abandoned. Ms. Kathy Snyder, 3115 S. 23nl addressed the Board regarding the hazardous conditions of the house. She stated kids go into the house and it is dangerous. Mr. Hoyt rebutted the comments and stated the house is not abandoned and that he is living in the house. Com. Coward expressed his concerns with the problems the county has been having with this property since 1991 and now the current conditions as per our staff since 1998. 5 ~ .-J It was moved by Com. Bruhn, seconded by Com. Hutchinson, to approve staff recommendation, and; upon roll call, motion carried unanimously. 5.C Ordinance No. 02-23- Staff recommends that the Board consider thc adoption of the proposed ordinance creating Section 1-15-30.1 (Restraint of Dogs) to require dogs to be under restraint by lead or leash in county owned or leased property, or facilities, in the unincorporated and incorporated areas ofthe county which permit dogs. The Asst. County Attomey advised the Board that action on this ordinance is no longer needed since the city has addressed the issue through their own ordinance. No action required. 5.D Resolution Nò. 02-144/East Florida Primitive Baptist District Association mc.- Consider staff recommendation to approve the resolution granting a Conditional Use Permit to allow Educational Service and facilities in the I zoning district. It was moved by Com. Hutchinson, seconded by Com. Lewis, to approve Resolution No. 02-144; and, upon roll call, motion carried unanimously. 5. E. Ordinance No. 02-015- Land Development Code- Non-Conforming Lots of Rccord- This is the second of two required public hearings on this matter. Staff recommends denial of this Ordinance 02-015. The Community Development Director reviewed this issue and the St. Lucie Gardens parcel. He advised the Board that the property owners during the 90's were advised that they could not divide the property. Yet is was divided and the issue is before the Board today. He also stated he felt there was not much whieh could be done short of changing the code. Com. Bames stated he felt this was a problem that the Board does not need to resolve since the previous owners were aware that these parcells could not be divided. Com. Bruhn stated he had spoken to the new owner and that there is a road which is utilized by neighboring residents. The Community Development Director stated if this was under singular ownership and had no common contiguous nature to it, it would by our code be eligible for a building permit. The issue here is the aggregation component. There is a great concem on services getting back to this area. The county cannot be responsible for maintaining private access easements as public thoro fares. Mr. Jeff Furst, Property Appraiser addressed the Board and stated that putting the existing rules aside will cause a problem for everyone. Kelly (name also on the title) addressed the Board on this issue and stated the parcel had road access because the land was in the middle of two houses. They have been trying to build on this property for two years. She stated the previous owner had advised them that this was a buildable parcel. Com. ßarnes staled il did appear to be a buildable lot, however, he did not wish to throw out the rules in order to provide the solution. He would like to see a solution and asked if staff could find some way to assist without changing the rules. Com. Coward stated they should attempt to have their money retumed and then purchase a builable lot. 6 \... .~ CERTIFIED BUILDING OFFICIAL REPORT DATE: March 18,2002 BUILDING AT 1808 Avenue Q, FORT PIERCE, FL The buildihg located at 1808 Avenue Q, Fort Pierce, Florida is blighted and is manifestly unsafe and unsanitary for use as a single family dwelling. The building is in such a condition as to constitute a public nuisance. Specific conditions which exist include: Absent of proper foundation and tie down Openings in the structure Lack of plumbing, electric and BV AC Systems. Lack of proper roof covering Windows and doors missing Under the provisions of Section 302.1.1 of the Standard Unsafe Building Code, the building at 1808 Avenue Q. in Fort Pierce, FL is determined to be UNSAFE. b2:'~BO Building Official S1. Lucie County ce. County Attorney Public Works Director DMG:csl inspection.lst notice \.... ....,,; CERTIFIED BUILDING OFFICIAL REPORT DATE: 3/18/02 BUILDING AT 2205 ELIZABETH A VENUE, FORT PIERCE, FL The damaged building due to neglect located at 2205 Elizabeth A venue, Fort Pierce, Florida has been determined blighted and is manifestly unsafe and unsanitary for use as a single family dwelling. The building is in such a condition as to constitute a public nuisance. Specific conditions which exist include: open and unsecured structure damaged walls and ceilings damaged electrical wiring missing doors and windows damaged roof Under the provisions of Section 302.1.1 of the Standard Unsafe Bui ¡ding Code, the building at 2205 Elizabeth A venue, in Fort Pierce, FL is determined to be UNSAFE. {flA,/L- DENNIS M. GRIM, CBO Building Official 51. Lucie County cc. County Attorney Public Works Director DMG inspcclion.lst notice \.,... "wi' MOTION FOR EXTENSION OF TIME COMES NOW, Mr. Jack Hoyt, Defendant, pro se, herein and files this Motion for Extension of Time and as reasons thereof states: 1. I do not have an attorney at this lime to represent me. 2. I have applied for legal assistance with Florida Rural Legal Services, Inc. in Fort Pierce, Florida ("FRLS"). FRLS needs time to process my request for assistance and to find me pro bono counsel. 3. .1 respectfully request a continuance of this hearing so that I may retain counsel. Dated: 01 d-O /0'- , I Defendant, Pr Jo.e-k ~~ '. · RE~VED ~ 9; -;::;().- Od- :f"c£ _ J ~/' , ßrx. ¥!J A-. ~Á- w. ~ 'í/}1 e- '-fìt'¡~ August 20,2002 We, the undersigned residents of Fleetwood Acres, petition the St. Lucie County Board of County Commissioners to enter an order to demolish the property at 2205- Elizabeth Avenue, Fort Pierce, Florida. Address: z.z._~ç:___:t::~$L.&.___ ~~-~-~---~~~~-~~~~------------ NOr If __2-.LM__g-::!.~_~!!:_~::_~_-::::f!/ ¿¿~Z__UL.'.2d.L:le_,c"":6.__~¿,.e___ __d._LO_J.__¿:..I_~2.!'l_º,-±.6..__8LLé.._____ __ _-21t!¿__t;jl~?JJ.Þ_~t6___flv_~_______ "¿}Ôg_¿¡ik.~tb__Lhc~_____ ~ ;;;;)03 ~~~-"- ""'~'(ß_-K-~ -------------~~_::_---------------- -2fQQ-£4rb~--~--- _¿ªQ¿:___çl.ù:../L¿¿L~,-_fi~.:..~_~___ c?._tQ~__rL:!L&r1_j!T_v..~________ ;¡ ;)1J3 b- /ZIl-6é¡/J ¡t-J '--' August 20, 2002 """" We, the undersigned residents of Fleetwood Acres, petition the St. Lucie County Board of County Commissioners to enter an order to demolish the property'at 2205 Elizabeth Avenue, Fort Pierce, Florida. Name: ~~!1..<.£__~~______ ~_L~_~___ ~~------------- t0JÆ~~_____ ~7D_~<;!d_____ cd;:,~gú8.D.L~-- - _~1bb=-----. V~---«({.-) ¿)1, (. ~ '"'c_______________!!?_____~------ ---A~---'~- -~__11l~ ----~~~ Address: _.f?;£:LJ~6.!£...A£LLf/.____:ii!..Ë________ .éM.{)fdf~cda:lL____ --Z¿~---.J./~-_R.J2_{/:.(]f~te2ù)(, u.; , ~-~-º1_3;;.~_(_?:B..fJ~!L__A~.t=i...I_____ ~~j-~~~~-~~--------------- -m-O_6_.f¿l:iy!'f;¿r¿T!f.__tl_¡¿_~___ 2:;~~-~~e~:-7i7!{ -------------------------------------------- __~2__z.~~~----- __£ZQ?._E..Ú_~~_~_ªL\.~i.b~___________ __~~l~~~___~ç¿_~~Z_~_~_~_:__________~__ ...... ..., \ August 20, 2002 We, the undersigned residents of Fleetwood Acres, petition the St. Lucie County Board of County Commissioners to enter an orderto demolish the property at 2205 Elizabeth Avenue, Fort Pierce, Florida. Name: ¿1¿~~J(J!kJj¿(4dt_______ [)1~_~flxL--____- ø.a~--~e.(~ HG.:.&lº=__~~-z~·----- \~/;~ /2 1- ..J.¿¿~___Æ_ ;t:;/t- l!10'f~_m_--_íif:1 -Jj3:l21E..;2___E~_Af~..L ~...L-bj2~8!~ ___L2~~___t2~~_~~___ -~sLc:d.1b6JNf~_________ -~Aßß'f..___li!LC!..lJttß..l___ - ~ _.~___d_____~_______ ___ß~fb~Lcl__5f.:ì.\..'tci~__ Address: -~!!!.~__f:!:.~-9:..~_r:!:A___IJ..~~·___________ ¿[f?.l__({¿_~_!l,.LJ:tfr:;.~_£~e...c____ ~~~~~~~---------------- ~lff.LJ3QK~bº=t~==-_.&J1L____ j¿QS_fl1k~jlJ:'_, Çd,::1º-9.--&~~__!l~__.: éiic.£..(XC¿__IJ.flL~A~__L-lI/.¢:~__~ a-9-~_IL~@J!i1___&~~___ __2.~__~_~~__!~_~__~~~~ -21-º~-~f..-j:h_(ß.QLv__1J£~__ _~~J__;?~__~_~_~~~____________________ __¿d.1L'=i_____¿:J2.~~J.__Jì:.______ ___~11~-----~S?-:--~-~~~~----~---- '--' "-" August 20,2002 We, the undersigned residents of Fleetwood Acres, petition the St. Lucie County Board of County Commissioners to enter an order to demolish the property at 2205 Elizabeth Avenue, Fort Pierce, Florida Address: __.2;¡_qJ.._&&4..{j~:1:___________ \,.. 'wttI Com. Lewis stated she concurred with Com.'Barnes' comments, and does agree that it does look as if there is a road in the area and asked if staff could come up with some idea on how to handle this particular issue although she is reluctant to change the code. Cm. Bruhn qucstioned i r Lennard Road does go by the property will it then be a buildablc lot? The Community Development Director stated that it is his understanding that if the right of way touches the lot, then this would solve the problem. The property owner has been made aware of this possibility. Com. Lewis asked how soon would it be before the county resumes acquiring property in that area. The Asst. County Ad¡ninistrator stated they do not have the roadway alignment as yet, so they are not sure whether it will touch or not and it will not be for some time until they know. The County Attorney suggested reviewing the area and maybe there could be a donation or something, there may be a way to work through this, he is not sure, but they could look at this and make sure it will not cause a problem with the funding of the whole project. The Board directed staff to pursue a possible solution as stated by the County Attorney. It was moved by Com. Barnes, seconded by Com. Lewis to approve staff recommendation and deny the ordinance; and, upon roll call, the vote was as follows: nay; Bruhn, Aye's: Hutchinson, Lewis, Barnes; Coward, motion carried by a vote of 4 to 1. 6. SUPERVISOR OF ELECTIONS Budget Amendment No. 02-149- Consider staff recommendation to approve the budget amendment moving $160,000 from General Fund Contingency into the Supervisor of Elections Transfer account to pay anticipated expenses associated with the redistricting and reapportionment. It was moved by Com. Lewis, seconded by Com. Barnes, to approve the budget amendment; and, upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjoumed. Chairman Clerk of Circuit Court 7 " \.... ...., AGENDA REQUEST ITEM NO. ..!!..A DATE: August 27,2002 REGULAR [XI PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 02-202 - Proclaiming the month of September, 2002, as "LITERACY AWARENESS MONTH" in S1. Lucie County, Florida. BACKGROUND: Illiteracy costs society an estimated $225 billion a year in lost industrial productivity, unrealized tax revenues, crime, poverty, and related social ills. In S1. Lucie County it is estimated that as many as 24% of the adults function at the lowest level ofliteracy. The Lifelong Literacy Coalition has requested that this Board proclaim the month of September, 2002, as Literacy Awareness Month in S1. Lucie County, Florida. The attached Resolution No. 02-202 has been drafted for that purpose. FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 02-202 as drafted. 5-0 E: COMMISSION ACTION: [~APPROVED [] DENIED [ ] OTHER: \ County Attorney: Originating Dept. \.,.. JJ/ Review and Approvals Management ~ Budget Other: Finance: (Check for Copy only, if applicablel___ ...., Purchasing Other: Eft. 5/96 '-" ,.." RESOLUTION NO. 02-202 A RESOLUTION PROCLAIMING THE MONTH OF SEPTEMBER, 2002, AS "LITERACY AWARENESS MONTH" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of S1. Lucie County, Florida, has made the following determinations: 1. Illiteracy costs society an estimated $225 billion a year in lost industrial productivity, unreaJized tax revenues, crime, poverty, and related social ills. 2. In S1. Lucie County it is estimated that as many as 24% of the adults function at the lowest level of literacy. 3. The Lifelong Literacy Coalition serves to promote life long learning, to promote basic reading, writing, and English, and to engage in programs to further life long literacy within our country . 4. Businesses are invited to begin workplace literacy programs at their business site, and hundreds of volunteers are needed to become literacy tutors with adults and children. 5. Elementary school children and staff all over S1. Lucie County will be celebrating National and State Literacy Day. 6. Many business and churches will be taking part in Literacy Awareness programs. 7. The Lifelong Literacy Coalition is asking each individual in 81. Lucie County to "Celebrate Reading" in September by initiating or renewing the reading habit. 8. Thursday, September 5, 2002, shall be declared Family Reading Night throughout St. Lucie County. \..- "" NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim the month of September, 2002 as "Literacy Awareness Month" in St. Lucie County, Florida. 2. The citizens interested in acquiring services or information regarding literacy are urged to contact the Lifelong Literacy Coalition at 464-2747. PASSED AND DULY ADOPTED this 27th day of August, 2002. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTIONS: COUNTY ATTORNEY 07/29/2Ð02 ~7 551-464-5892 LE'::'RN ~J READ ,..,., FA"E 01 P80ClAMATlON OF THE County of St. Lucie Declaring September 2002 as LITERACY A Vi ¡ARENESS MONTH WHEREAS, illiteracy costs society an e$timated $225 billion a yea' in lost indusbial productivity, unrealized tax revenues, crime, poverty, and related &OCialllls; and WHEREAS, in St. Lucie COUl'lty it Is estimated that as many as 24% of the adults function at the lowest level of literacy; and WHEREAS. THE Lifelong literacy Coalition serves to promote life long learning, and to promote ba&ic reading, writing, and English. And to engage in programs to further 6fe long literacy within our county. WHEREAS, businesses are invited to begin wo\1(place literacy progr8mtl at their bu81ness site; and WHEREAS, hundreds of ",o\l·nteers are needed to become literacy tutors wItt1 adults and children, and WHEREAS, elementary scho :)1 children and staff all over St. Lucie County will be celebrating National and State Literacy Day WHEREAS, many businesses and churches 'Hill be taking part in Literacy Awareness programs WHEREAS, The lifelong literacy Coalition is asking each individual In St. Lucie County to "Celebrate Reading' in September by initiating or renewing the reading habit; Whereas, Thursday September 5,2002 shall be dedared Family Reading Night throughout St. Lucie County NOW. THEREFORE, BE IT PROCLAIMED BY THE Count'l «omm~.lon g! A1.lJI.çl! County assembled in regular session this the ----.thBt the month of Septentler is hereby proclaimed: LITERACY AWARENESS MONTH III Citizens Interested in acquiring services or Information regardln& literacy ar1l urged to CIInt1lct the Llfeloo¡ uteracy CgJ lttlm .t 464-1747 \ v°c,ú 4:J '\( "'\ (\6 (Y ~eJ ~j\ ~( "-'( """ From: To: Subject: Diane Turner Padrick, Rebecca Re: Agenda Item #'s fa August 27th Meeting ~u Good - thanks >>> Rebecca Padrick 08/14/02 01 :03PM >>> Presentations / The Board wishes to thank Public Works employees for their work on the Rouse Road MSBU. Looks good but how about this minor change? >>> Diane Turner 08/14/02 12:1 OPM »> We like to do that at the very beginning. Will this sentence do for the agenda: Presentation / The Board wishes to thank Public Works for their work on the Rouse Road MSBU. »> Rebecca Padrick 08/14/02 1 0:53AM >>> I forgot to mention. This is the meeting that Comm Coward will be presenting Award Plaques to the construction/survey crew for the Rouse Road MSBU Project (22 plaques). When will this take place? As part of the Final Hearing presentation by me, or at the beginning of the Board meeting? >>> Diane Turner 08/14/02 07:50AM »> 6A - River Branch 6B - Rouse Road »> Rebecca Padrick 08/13/02 03:53PM »> "Regular" items. Please place "River Branch" BEFORE "Rouse Rd". Thanks. AGENDA REQUEST ITEM Nt. (p A DATE: August 27,2002 REGULAR [XX] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 PRESENTED BY: ~~B~lp~~ -- County Engineer SUBJECT: River Branch Estates MSBU Final Hearing Potable Water Improvements - PSL BACKGROUND: See Attached Memorandum FUNDS AVAIL. N/A PREVIOUS ACTION: May 5, 1998 - Board accepted the MSBU Petition June 2, 1998 - Initial Public Hearing held to create the MSBU March 14,2000 - Board approved Interlocal Agreement with Port St. Lucie January 15, 2002 - Second Public Hearing held to levy the Preliminary Assessment Roll. RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 02-194 approving the Final Assessment Roll for the River Branch Estates Municipal Services Benefit Unit. COMMISSION ACTION: [~.APPROVED [ ] DENIED [ ] OTHER: 5-0 [x]Public Works Dir ~ J(h-// Coord ination/Si anatures [x]County Attorney [ lMgt. & Budget [ ]Purchasing [x ]Co. Eng .Al~ . ( [xlMSBU Coor ,¿p [ ]Finance "'" '-II COMMISSION REVIEW: August 27,2002 ENGINEERING MEMORANDUM NO. 02-102 TO: Board of County Commissioners FROM: Donald B. West, County Engineer DATE: August14,2002 SUBJECT: River Branch Estates M.S.B.U. Final Hearing Potable Water Improvements - PSL BACKGROUND: On June 2,1998, the Board adopted Resolution No. 98-126 which created the River Branch Estates Municipal Services Benefit Unit (MSBU) to levy non-ad valorem special assessments based on the equivalent residential connection method of assessmentto fund potable water improvements. On January 15, 2002, the Board adopted Resolution No. 02- 023 which approved the preliminary assessment roll for the MSBU; and authorized the County Engineer to proceed with construction. The project has been completed and final costs have come in eight (8%) percent lower than the preliminary assessment amount. The annual assessment amount has been lowered from $792.28 to $697.07 which also reflects a lower interest rate. RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 02-194 approving the Final Assessment Roll for the River Branch Estates Municipal Services Benefit Unit. BP\ Attachment cc: Staff Concurring MSBU Coordinator Finance Director OMB Manager Tax Collector Property Appraiser 9 :\wp\msbuproject\riverbr\agafinal. wpd """ ....., RESOLUTION NO. 02-194 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, ADOPTING THE FINAL ASSESSMENT ROLL FOR THE RIVER BRANCH ESTATES MUNICIPAL SERVICES BENEFIT UNIT AND CREDITING THE ASSESSED PROPERTIES AS SET FORTH IN THE FINAL ROLL; AND PROVIDING AN EFFECTIVE DATE WHEREAS, on June 2, 1998, pursuant to Chapter 1-13.5 of the St. Lucie County Code of Ordinances and Compiled Laws (the "Code"), the Board of County Commissioners for S1. Lucie County (the "Board") adopted Resolution No. 98-126 which created the River Branch Estates Municipal Services Benefit Unit (the "River Branch Estates MSBU") to fund the cost of a project to provide potable water improvements to properties within the boundaries of the River Branch Estates MSBU in unincorporated S1. Lucie County, Florida (the "Project") as shown on the attached Exhibit "A"; and WHEREAS, on December 4,2001 pursuant to Section 197.3632, Florida Statutes, the Board adopted Resolution No. 01-267 which stated the Board's intent to use the uniform method of collecting the Special Assessments levied by the River Branch Estates MSBU; and WHEREAS, on January 15,2002, the Board adopted Resolution No. 02-023 and thereby, (1) adopted the Preliminary Assessment Roll for the River Branch Estates MSBU which was based on the estimated costs for the Project, (2) authorized the levy of a special non-ad valorem assessmcnt (the "Special Assessment") within the River Branch Estates MSBU in the amount set forth in the Preliminary Assessment Roll, and, (3) authorized the collection of the Special Assessment by the uniform method of collection pursuant to Chapter 197, Florida Statutes, beginning with the tax bill for 2002 for a period of 15 years; and WHEREAS, on August 27, 2002, the Board reviewed the final costs for the completed Project and determined that the final costs are lower than the estimated costs as set forth in the Preliminary Assessment Roll and therefore the Special Assessments should be credited in accordance with Section 1-13.5-7 of the Code as set forth in the Final Assessment Roll (Exhibit "B"). NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners for S1. Lucie County, Florida, as follows: -1- '" """'" Section 1: The Final Assessment Roll for the River Branch Estates MSBU (Exhibit "B") is hereby approved and confirmed and the Final Assessment Roll is substituted for the Preliminary Assessment Roll in accordance with the provisions of Chapter 1-13.5-7 of the Code to reflect the credits for the final Project costs. Section 2: Except for the substitution ofthe Final Assessment Roll for the Preliminary Assessment Roll, all of the findings, determinations, and actions made or taken by the Board pursuant to Resolutions Nos. 98-126, 01-267, and 02-023, including but not limited to the collection ofthe Special Assessments by the uniform method beginning with the tax bill for 2002 for a period of 15 years, shall remain in full force and effect and apply equally to the Final Assessment Roll. Section 3: This Resolution shall be effective upon adoption. 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I- W <c -' ü ~ :I: ~ lU :;: l.9 ~ :i ~ ~ ~ . ~:i z::æ: ~ ~ W ët:ó~WJ: g~j~~ 0-' ~~ 0;::: "' U) .. .. :: '" ~ Z ~ 0 w >- o '" ffi ~ :: :: z ," ~ ~ ~ ir ò z e õ ~ . .. ~ ~ ~ ~ ~ N ~ ~ ~ ~ ~ ~ _ ~ ~o ~ ~ ~ ø 0 ~ ~ e ~ ~ ~ !!~~ð~~~~~~~~~~~~~~~~~~~~~~~~â ~~~il~~~~~~~~~~I~II~I~~~~~ii~9 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ '" ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ g g g g g g g g g g g g g g g g g g ~ ð ð g g g g g g g g g ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ò z N ~ ~ ~ ~ ~ w ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ N ~ ~ ~ ~ ~ ~ re æ ~ AGENDA REQUEST ITEM N'r!. (p B DATE: August 27,2002 REGULAR [XX] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: ,1.O\o9.l~~ \)Ì(l __ (Donald B. WJst, P.E. County Engineer SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 SUBJECT: Rouse Road MSBU Final Hearing Paving and Drainage Improvements BACKGROUND: See Attached Memorandum FUNDS AVAIL. N/A PREVIOUS ACTION: March 10,1998 - Board accepted the Rouse Road MSBU Petition April 7, 1998 -Initial Public Hearing held to create the Rouse Road MSBU October 27, 1998 - Board approved lnterlocal Agreement with St. Lucie Village March 13, 2002 - Board approved First Amendment to Interlocal Agreement with St. Lucie Village December 19, 2000 - Second Public Hearing held to levy the Preliminary Assessment Roll RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 02-191 approving the Final Assessment Roll for the Rouse Road Municipal Services Benefit Unit. COMMISSION ACTION: ~~'APPROVED [ ] DENIED [ ] OTHER: 5-0 [x]County Attorney :;Y. :lÞV- , [xlPublic Works Dir [ ] Finance o gl Anderson County Administrator Coordi nation/Sill natures [ JMgt. & Budget [ ]Purchasing [xlMSBU Coor r:¡¿ D [x ]Co Eng .1t~ , ( "'" ...." COMMISSION REVIEW: August 27, 2002 ENGINEERING MEMORANDUM NO. 02-102 FROM: Board of County Commissioners Donald B. West, County Engineer?tC»\· August 14,2002 TO: DATE: SUBJECT: Rouse Road M.S.B.U. Final Hearing BACKGROUND: On April 7, 1998, the Board adopted Resolution No. 98-081 which created the Rouse Road Municipal Services Benefit Unit (MSBU) to levy non-ad valorem special assessments based on a combination of the trip generation rate and front foot method of assessment to fund paving and drainage improvements, and authorized the County Engineer to proceed with the engineering design and bidding of the project. Thereafter, the Board approved an Interlocal Agreement with St. Lucie Village to fund that portion of the project cost attributable to properties lying within the incorporated limits of the Town of St. Lucie Village. Originally, the project was intended to be constructed by an outside contractor. During the permitting stage of the project, certain design changes were incorporated into the pl~s to improve stormwater quality. As a result, construction costs increased 40-45%. In an effort'oring this project to fruition by making it affordable for the property owners, County staff decided to construct a portion of the project using Road & Bridge's In-house Construction Labor Force. In addition, St. Lucie Village offered to make a $20,000.00 monetary contribution toward the MSBU's cost of the project which helped to reduce the project cost. On December 19, 2000, the Board adopted Resolution No. 00-284 which approved the preliminary assessment roll for the MSBU; and authorized the County Engineer to proceed with construction. The project has been completed and final costs have come in twelve (12%) percent lower than the preliminary assessment amount. The annual assessment payments will be lowered to reflect the final cost. RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 02-191 approving the Final Assessment Roll for the Rouse Road Municipal Services Benefit Unit. cc: Staff Concurring MSSU Coordinator Finance Director OMS Manager Tax Collector Property Appraiser g :\wp\msbuprojects\rouse\agafinal. wpd '" ...., RESOLUTION NO. 02-191 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, ADOPTING THE FINAL ASSESSMENT ROLL FOR THE ROUSE ROAD MUNICIPAL SERVICES BENEFIT UNIT AND CREDITING THE ASSESSED PROPERTIES AS SET FORTH IN THE FINAL ROLL; AND PROVIDING AN EFFECTIVE DATE WHEREAS, on April 7, 1998, pursuant to Chapter 1-13.5 of the St. Lucie County Code of Ordinances and Compiled Laws (the "Code"), the Board of County Commissioners for St. Lucie County (the "Board") adopted Resolution No. 98-081 which created the Rouse Road Municipal Services Benefit Unit (the "Rouse Road MSBU") to fund the cost ofa project to provide paving and drainage improvements to Rouse Road in unincorporated St. Lucie County, Florida (the "Project") as shown on the attached Exhibit "A"; and WHEREAS, the Town ofSt. Lucie Village will fund that portion of the project cost which benefits those properties lying within the incorporated limits ofthe Town ofSt. Lucie Village; and WHEREAS, the Town ofSt. Lucie Village has contributed an additional $20,000.00 toward the MSBU portion of the project cost; and WHEREAS, on December 5,2000 pursuant to Section 197.3632, Florida Statutes, the Board adopted Resolution No. 00-229 which stated the Board's intent to use the uniform method of collecting the Special Assessments levied by the Rouse Road MSBU; and WHEREAS, on December 19,2000, the Board adopted Resolution No. 00-284 and thereby, (1) adopted the Preliminary Assessment Roll for the Rouse Road MSBU which was based on the estimated costs for the Project, (2) authorized the levy of a special non-ad valorem assessment (the "Special Assessment") within the Rouse Road MSBU in the amount set forth in the Preliminary Assessment Roll, and, (3) authorized the collection of the Special Assessment by the uniform method of collection pursuant to Chapter 197, Florida Statutes, beginning with the tax bill for 200 I for a period of 15 years; and WHEREAS, on August 27,2002, the Board reviewed the final costs for the completed Project and determined that the final costs are lower than the estimated costs as set forth in the Preliminary Assessment Roll and therefore the Special Assessments should be credited in accordance with Section 1-13.5-7 of the Code as set forth in the Final Assessment Roll (Exhibit "B"). -1- ~ ... ''wII NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners for St. Lucie County, Florida, as follows: Section 1: The Final Assessment Roll for the Rouse Road MSBU (Exhibit "B ") is hereby approved and confirmed and the Final Assessment Roll is substituted for the Preliminary Assessment Roll in accordance with the provisions of Chapter 1-13.5-7 of the Code to reflect the credits for the final Project costs. Section 2: Except for the substitution of the Final Assessment Roll for the Preliminary Assessment Roll, all of the findings, determinations, and actions made or taken by the Board pursuant to Resolutions Nos. 98-081,00-229, and 00-284, including but not limited to the collection of the Special Assessments by the uniform method beginning with the tax bill for 2001 for a period of 15 years, shall remain in full force and effect and apply equally to the Final Assessment Roll. Section 3: This Resolution shall be effective upon adoption. PASSED AND DULY ADOPTED this 27th day of August, 2002. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney -2- .... ~ ! .~ ~~ ~ ; ~ ; ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ f~;~ =!~a~~~~ ~~~~g~~~~~~~~~~š ~ ~ "§ ¡ ~ I. c J J .i i E ~ .. ~ l .:¡ ~ ¡ it it ~ 13 1 ~ N 5n w c ;¡ ~ æ æ ~ ë p: .. g ~ ; ~....= ¡¡; " :2 l'J:¡¡ l'i M ~ fØ l.Ò ~ ~ ~ Ci ~ ,- ....--:ari : r2 ~ lq ¡q :8 ~ I'- I"- r-- ;;atðlð0 o ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ N 8 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ g g ~ ~ ~ ~ ~ ~ ~ ~ ~ li : ~ ~ ~ ~ i ~ I'- I'- g ~ ~ I'- ~ ~ I'- I'- ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ :;;1", ~I" o ~ ; ~ ~ ; ; ; 8 ; I ~ ¡ ~ ~ ~ ~ ~ g ~ :=Ê~~~¡i~ f.i :;; ¡;; ~ " ~:e~~OJê~~~ ~ œ ~ ~ .... ~ I"') ~"! f;i ffi ~_ ~~ ... 0 ... ~ ~ 0 ,¡ ~ lli !!e~ ON N o ~ ~ I'- I'- I'- I'- I'- I'- ~ ~ g ~ ~ ~ ~ ~ ~ ~ ~ ~ ; ; ; ; ; ; ; ; ; ; ; ; ; ; ~ ~ ~ ~ ~ ~ ~ ~ ~ : ~ ~ ~ ~ ~ ~ r.:i~f.i:;i::-i~û£i¡i¡ir.:ir.:if.if.i~ :;: NNNNN ,,"',...,... 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Phillips SUBJECT: Approve the $20,000 proposal from Indian River Community College (IRCC) to prepare an update to the St. Lucie County International Airport 1998 - 2002 Business and Marketing Plan with a 2010 Planning Horizon by assessing the present revenue base, and determine actions necessary to increase that base and diversify the revenue sources to achieve the mission of financial independence. BACKGROUND: In 1998 Indian River Community College prepared a strategic business plari for St. Lucie County International Airport. This business plan developed in conjunction with the Airport Business Plan Committee outlined the goals and objectives for the airport. This business plan identified ways to improve the airport perceived image, operating efficiency and revenue generating capacity while minimizing environmental impact and medication requirements. Many of the goals outlined in the airport business plan, which include a new parallel runway, and development of a new airport industrial park, have been adopted by this Board of County Commissioners and are included in the recently approved update to the Airport Master Plan FUNDS A V ARABLE IN ACCT#: Funds of$20,000 are available in the Community Development Professional Services account (001-1510-531000-100). PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the $20,000 proposal from Indian River Community College (IRCC) to prepare an update to the St. Lucie County International Airport 1998 - 2002 Business and Marketing Plan with a 201 0 Planning Horizon by assessing the present revenue base, and determine actions necessary to increase that base and diversify the revenue sources to achieve the mission of financial independence. Reviews & Approvals County Attorney: Originating Dept: Finance:(Check fì r Cop /..? COMMISSION ACTION: [)ti\PPROVED [ ]DENIED ... -.... []OTHER: 5-0 '-' """" St Lucie County INTERNATIONAL A 'on'FíõridâišFr7ê"ãsurê· AGENDA REQUEST ITEM NO. R - 7 DATE: August 27,2002 REGULAR [ X ] PUBLIC HEARING [ ] Cm·~"SENT [ ] PRESm,TID BY: TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Airport Paul A. Phillips SUBJECT: Approve the $20,000 proposal from Indian River Community College (IRCC) to prepare an update to the S1. Lucie County International Airport 1998 - 2002 Business and Marketing Plan with a 2010 Planning Horizon by assessing the present revenue base, and determine actions necessary to increase that base and diversify the revenue sources to achieve the mission of financial independence. BACKGROUND: In 1998 Indian River Community College prepared a strategic business plan for S1. Lucie County Intemational Airport. This business plan developed in conjunction with the Airport Business Plan Committee outlined the goals and objectives for the airport. This business plan identified ways to improve the airport perceived image, operating efficiency and revenue generating capacity while minimizing environmental impact and medication requirements. Many ofthe goals outlined in the airport business plan, which include a new parallel runway, and development of a new airport industrial park, have been adopted by this Board of County Commissioners and are included in the recently approved update to the Airport Master Plan FUNDS AVAILABLE IN ACCT#: Funds of$20,000 are available in the Community Development Professional Services account (001-1510-531000-100). PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the $20,000 proposal from Indian River Community College (IRCC) to prepare an update to the S1. Lucie County International Airport 1998 - 2002 Business and Marketing Plan ,vith a 2010 Planning Horizon by assessing the present revenue base, and determine actions necessary to increase that base and diversify the revenue sources to achieve the mission of financial independence. COMMISSION ACTION: [ ]APPROVED [ ]DENIED [ ]OTHER: CONCURRENCE: Reviews & Approvals County Attorney: OMB Originating Dept: Other: Finance:(Check for Copy only, if applicable) Purchasing Other: ....... PROPOSAL ',- St. Lucie County International Airport Strategic Planning Project Submitted by: Jack Burns j burns~ircc.cc.fl. us 772/283-1816 Indian River Community College Business Development Center '-" ...., I St. Lucie County International Airport Strategic Planning Project I. Mission The "mission of this project will be to develop an overall strategic plan enabling the St. Lucie County International Airport to increase its revenue base and become self sufficient in its financial operation so as to eliminate the need for tax support to meet expenses and achieve total financial independence. II. Scope of Work The scope of this project will be to assess the present revenue base, its source, and determine actions necessary to increase that base and diversify the revenue sources to achieve the missions of financial independence. This assessment will include the analysis. of the current airport infrastructure, the land .occupied, the remainin& land available for development and not occupied, and the resources required to optirniže the property for revenue production. III. Project Direction This project will be lead by Indian River Community College, in collaboration with a steering committee of community members appointed by IRCC to develop the Business Plan. The project manager for IRCC will be Mr. Jack Burns and the project manager for the St. Lucie County International Airport will be Mr. Paul Phillips, the airport director. IV. Schedule Indian River Community College proposes that this study and plan be developed in three phases: Phase I: Financial Analysis The committee will review the current financial operations of the airport, including the profit and loss history, then extending these numbers to project a breakeven point, and the revenue target required to eliminate the need for capital infusion from tax funds. Phase II: Land Analysis The committee will fully detail the current land usage for airport operations, the industrial park, and other revenue-producing tenants. This phase will describe the property occupied listing the businesses and industries represented and the infrastructure and resources necessary to support these occupants. '-' ...", A second part of this phase of the project will be to review land available for future development, the improvements necessary for occupancy, and the extension of infrastructure to support the extended facilities. Phase III: Marketing Strategy Realizing the revenue target from Phase I, the available land from Phase II, in Phase III the committee will concentrate on the strategy and planning necessary to - attract new businesses to the airport property. This phase will involve a global focus to seek out and identify potential occupants to a long-term lease relationship with S1. Lucie County. V. Project Reviews Periodic progress reviews will be conducted by IRCC for representatives of the local government stakeholders in this project to insure they are fully informed on the status of the project and the direction it is taking. , The Phase III Marketing Strategy will not be implemented until a complete project review is conducted and the plan receives the full support and approval of the governing committee and the local government stakeholders. VI. Time The estimated time to complete the project will be twelve weeks from the approval to undertake this effort. VII. Proposed Budget IRCC 165 hours @ $llO/hour $18,150.00 Clerical 37 hours @$50/hour 1,850.00 Total project cost $20,000.00 '-" ST. LUCIE COUNTY INTERNATIONAL AIRPORT 1~~ ·1~~1 Buslnes~ & Marketing Plan With A 1~1~ Pbnning Horizon ':M: 1"": : XI«::;l CI;j November 1997 ...", \.,.- ...., ßOARD OF COUNTY COMMISSIONERS COUNTY ADMINISTRATOR . DOUGLAS M. ANDERSON December 19,1997 RECEIVED Commissiop.er Ken Sattler, Chairman St. Lucie County Port and Airport Authority 2300 Virginia A venue Fort Pierce, FL 34982 DEe 23 1997 PORT IJm AIRPOtrr S1 WCI£ CaUNTI', FLORIDA Dear Commissioner Sattler: Attached is the final draft of the St. Lucie County Airport Business and Marketing plan for the Authority's review and approval. The plan, which is scheduled to be presented to the Port and Airport Authority on January 13, 1998, employs a conservative approach to implementing airport improvements through the year 2010. The major features of the plan provide for: ',- · The leasing of Authority-owned airport property as the primary means of attaining [mandaI self- sufficiency rather than relying on major commercial air transportation development; · Improving the airport's image with the establishment of an airport. improvement program that addresses signage, landscaping, facility rehabilitation, and general clean up; · A reduction in the scope of development that minimizes environmental impacts and mitigation requirements, and contains aU significant noise impacts within the airport's boundaries; · A review and update of the airport's minimum standards and leases; · Improved airport management efficiency; · The promotion of general aviation and corporate use of the airport; and · The development of Authority-owned properties for commercial and industrial business. The plan estimates that ~e airport can become totally self-sustaining by the year 2005 if the land lease- program is successfully implemented. Furthermore, the plan positions the Authority to continue receiving State and Federal funding and eliminates the need to repay $9 MilIion in matching grants related to the purchase of airport lands over the past 10 years. The Airport Business Plan Committee has found this effort to be a very informative and rewarding experience. We appreciated the opportunity to contribute to the future of St. Lucie County and look forward to seeing the plan implemented. Sincerely, The Airport Business Plan Committee JOHN D. GRUHN. District No.1' KEN 5ATTLER. Districr No.2' PAULA A. LEWIS. District No,:> . GARY OiAf\lES. District No. <I . CUFF GARNES. Districr No 5 County Admínìstrotor . Douglas M. Anderson 2300 Virginia Avenue · Fort Pierce, FL 34982-5652 . Phone (561) 462-1450 . TDD (561) 462-1425 FAX (561) 462-2131 "'" ....." . ST. LUCIE COUNTY INTERNA TIOI'\AL AIRPORT BUSJ!'I,LSS AND MARKETING PLAN EXECUTIVE SUMMARY The airport business and marketing plan establishes a mission statement as well as goals and objecti\·es that provide the guidance necessary for effectively managing the airport in the most cost effectÎ\"e manner possible over the next five years. The mission of the Port and Airport Authority is to operate and manage the St. Lucie Count}· International Airport to serve general aviation and the air transportation needs of the community on a fmancially self-sustaining basis, generating full use of Authority-owned properties for commercial and industrial business. While the business and marketing plan has a 5-year time frame, it also includes an Airport Capital Improvement Plan (ACIP) covering a twelve-year span that coincides with the time frame for the newly modified scope of the Development of Regional Impact (DRI) study. Overall, the Business and Marketing Plan and the ACIP outline a development program which will make the $t. Lucie County International Airport a first class executive general aviation airport that accommodates small commercial jet and/or turboprop scheduled service as the need is presented. The 'plan limits the use of the airport to the type of aircraft already using the facility, therefore eliminating a need for strengthening the existing runway. The plan also identifies ways to improve the airport's percei\"ed image, operating efficiency and revenue generating capability while minimizing environmental impact and mitigation requirements. EXISTING OPERA TING ENVIROl\~ŒNT . $t. Lucie County International Airport's runway system, instrument approach capability. and supporting infrastructure make it comparable to other airports located in the Southeast region. The airport is presently classified in the National Plan for Integrated Airport Systems (NIPIAS) and the Continuing Florida Aviation System Planning Program (CFASPP) as a general aviation airport. Inclusion in both the National and State plans qualifies the airport to receive funding assistance for eligible capital improvement projects at various funding levels. The airport offers a full range of aviation services including fuel sales, airframe and power plant repair. avionics sales and service, aircraft painting, aircraft rental, air taxi and charter service, and flight instruction. It also has a federally operated control tower and a customs facility. The entire airport site is designated as a general purpose foreign-trade zone (Zone #218). Within the past year, the Micco Aircraft Company (formerly The New Meyers Aircraft Company) has begun production of a two-seat, high performance single-engine aircraft. Other aviation related companies have also indicated a desire to locate at the airport. Over the past 10 years, the Authority has purchased approximately 2.300 acres of property in a joint land purchase program with the Federal Aviation Administration and the Florida Department of Transportation. When added to the airport's original 1,400 acres, nearly 3,700 acres are available for airport infrastructure, industrial/commercialland uses, and areas designated as buffer zones to other adjacent land uses. In total, it is estimated that approximately 720 acres of Authority-owned property are available for light industrial/commercial, and aviation related development. '-' ...., Development of Regional Impact (DR!) and Environmental Assessment (EA) studies have been on- going over the past two years. The DRI study was to project long-term demand (20 to 30 years) for an airport infrastructure and address the social, economic and environmental impacts of an additional parallel runway, as well as other supporting airport developments. The focus of the EA was to address the environmental impacts of a new parallel runway north of the existing main runway. On September 19, 1997, County staff introduced a modified DRI plan which covers a period of 12 years. This modification, which was approved by the Port and Airport Authority on October 7, 1997. contains a reduction in total environmental impacts and presents a more realistic planning horizon when considering the present level of activity at the airport. At the same time. the EA was temporarily postponed by the FAA due to the current level of operations at the airport. MANAGEMENT AND OPERATING ISSUES OPPORTUNITIES FOR IMPROVEME!\ï The ABPC identified several areas of the existing operation that presented opportunities for improvement in support of the mission statement, goals and objectives. Redefinine the Scope of Airport Development Discussions within the ABPC produced a consensus that the high level of aviation activit)' projected in the original DRI will eventually occur at the airport, but not within the near-to-intemlediate time frame (five to 15 years). Since the business and marketing plan and the ACIP cover a period of five years and twelve years respectively, the ABPC agreed that the focus should be on improving the operation and quality of the existing facility. CaDitalizin~ on Existim! Revenue Sources The ABPC concluded that the leasing of available property for aviation and industrial/commercial development is a top priority for the airport to achieve financial self-sufficiency. The ABPC is recommending that staff make ready-for-Iease 265 acres of airport property. Streamlininl! Existine Leasine Procedures The ABPC found that the existing procedures for leasing Authority-owned property are somewhat cumbersome and time consuming. The committee consulted with the County· Attorney and made recommendations for the Authority's consideration to improve this process. Developinl! a Standard Lease Packal!e - Consistent with "streamlining" the leasing process, the ABPC is recommending that a standard lease package be developed by staff.. This package would not only provide a standard source of lease information, but also serve as a marketing device in attracting new lessees. AlIowin~ Commissions to Real Estate Brokers - The ABPC recommends that staff develop, with the approval of the Authority, conditions under which qualified real estate brokers could earn a commission for introducing and securing a lease agreement on Authority-owned property. The ABPC believes that the network available to the real estate profession could be very effective in getting more acres under lease in a shorter period of time.e 11 '-' ..",., Uodatinl! Airport Minimum Standards and Leases Minimum standards were developed for the airport in 1978 to create a fair and competitive business environment. Since that time, the airport has matured and seen many changes in the operating and regulatory environment warranting a review and update of these standards. Changes in environmental legislation and regulation also make it necessary to review and update the airport's leases to assure that the lessee and the Authority are adequately protected, and that each has a clear understanding of their responsibilities. The ABPC is recommending that the airport minimum standards and leases be reviewed and updated accordingly. Identifvinl! Projects to Improve Airport Aesthetics and Imal!e The ABPC visited the airport for a briefing on past, present. and future capital improvement projects and to develop a first-hand impression of the facility in terms of general aesthetics. For the air traveling public, the airport is the first, last, and sometimes the only element upon which visitors base lasting opinions abour the community. The Committee discussed their views on what they saw. and identified several areas of the airport that need attention. The ABPC is recommending that staff develop a program that systematically addresses each of the areas identified. Realil!nin~ Mana~ement and Staffin~ A recommendation is being made to have one director fo~ the port and the airport. w!lile incorporating a lower to mid-level operations supervisor for each operation. For the near term. operational needs represented by positions such as the finance/grants coordinator and environmental manager can be accommodated as has been done in the past using existing staff. BUSINESS AND MARKETING PLA.l\' CAPITAL IMPROVEMENTS AND STAFF ACTION PLAN The business plan identifies certain projects and staff actions that focus on improving the operation. aesthetics and overall quality of the existing facility over the next five years. The plan also identifies capital improvement projects over the next twelve years that are consistent with the mission statement. goals and objectives, and the level of activity projected for the plan period. Proiect Costs and Schedule bv Fiscal Year Projects identified for FY97/98 are designed to improve the general aesthetics of [he airport and maintain existing building structures. Staff actions will focus on making ready-for-lease approximately 265 acres of Authority-owned property for aviation and industrial/commercial uses. Local project costs for contract work in the current year are accounted for in the approved FY97/98 budget. The tOlal cost of planned projects in FY97/98 is $1.907 .s59. 00. - Projects identified for FY98/99 and FY99/00 continue the airport improvement theme with landscapmg and sig·nage projects, vehicle control fencing. and aircraft parking apron rehabilitation. The Authority currently has Joint Participation Agreements (JPAs) with the Florida Department of Transportation for the landscaping and signage projects; however. it will be necessary to pursue additional state funding during FY97/98 for the aircraft parkmg apron rehabilitation and vehicle control fencing. Staff actions focus on updating the airport's minimum standards and leases. The total estimated cost for FY98/99 is $252,555.00. These projects will be funded with transfers [0 the capital account. Projects scheduled for FY99/00 continue to improve airport landscaping, signage and vehicle control. The local cost for 111 '-" ."" these projects is estimated [Q be SI40.0oo.00 and will be funded with transfers to capital. The capital improvement plan for FYOO/Ol and FYOl/02 identifies the third phase of the landscape and signage projects, and an overlay project to improve the air operations area (e.g.. existing runways and taxiways). The total local cost for FYOO/Ol is estimated at $144.600.00. The FYOI/02 cost is estimated to be 592,200.00. Projects for both years will be funded with transfers [0 capital. Projects for the remainder of the capital improvement plan period focus on pavement maintenance and improvemeñts to the operational efficiency and safety of the runway and taxiway environment. These projects would be initiated based on need. local funding capability and the availability of federal and state grant money. In the current year (FY97/98) the Authority has set aside $100.000 in local match money to accommodate projects when state and/or federal grant money becomes available. This set aside will be available in each subsequent year through the year 2005 when the amount will be increased to $150,000.00 annually to allow for anticipated increases in project costs. The following lists the primary capital improvement projects that are anticipated for the planning period. These projects will be funded by federal, state and local matching dollars. · Construct 1,500 foot runway extension on Runway 9R127L (no strengthening) Construct new 3,700 foot Runway 9L127R (as operational demand dictates) Construct connecting taxiways. lighting. and marking for new Runway 9L127R Develop Authority·owned property for aviation and indumial/commercial uses Complete Land Acquisition (approx. 100 acres) within current airport houndaries (east of Kings Highway) Expand passenger terminal. parking. and apron area as market demand dictates Construct new 10.000 square foot cargo building with vehicle and aircrafl parking areas '- MARKETING PLAN This plan identifies areas of economic development potential for the airport that require similar. but separate, marketing efforts. These areas include marketing for the development of: · Scheduled commuter airline service · Increased use of the airport by general aviation and corporate aircraft · Aviation use property · Industrial/commercial use property The primary alliances identified for assisting staff in administering the marketing plan include: · Enterprise Florida · The St. Lucie County Chamber of Commerce · The St. Lucie County Division of Tourism · The National Association of Realtors · Other national, state and local economic development organIzations Marketinl: Strate!!" The following provides a strategy for each of the areas of economic development potential described above. IV l '-" ......, f Scheduled Commuter Airline Service Development -- Staff will develop an air service market profil~ for consideration by prospective airlines to provide commuter service at the airpon. Due to the faCt that the Treasure Coast has a significant nonheast presence in the community. a focus will be placed on those carriers exhibiting a strong east coast market and route structure. Airlines targeted include US Airways (U52), Comair (Delta), Continental, and American Eagle. Low cost carriers such as Kiwi. Southwest, and others will also be contacted periodically as a means of measuring our market with airline requirements. Alliances identified to assist staff in this effort include the Chamber of Commerce, the Division of Tourism, and the PGA. General Aviation and Corporate Activity Development -- Staff will work with the FBOs and other airport businesses to develop a joint marketing campaign for increased awareness of area amenities and the services available at the airport. The campaign will include advertising in prominent industry magazines that cater to pilots, aircraft suppliers and buyers, and corporate flight departments. to entice them to use St. Lucie County International Airport. Staff will also prepare materials for distribution at industry expositions such as the Aircraft Owners and Pilots Association (AOPA) Conference. and the National Business Aircraft Association (NBAA) Conference. Staff will coordinate these efforts with the Chamber of Commerce, the Division of Tourism, and airport businesses. Aviation Use Propert,y Development -- Staff will continue to work with Enterp¡:ise Florida and the Chamber of Commerce to identify other companies that may be interested using networking and industry conferences as the primary method for making contacts. This method has proven effective in the past. Staff will also develop a lease information package for marketing Authority-owned property. Industrial I Commercial Property Development -- Staff will continue to work with Enterprise Florida, Bureau of Tourism. and the St. Lucie County Chamber of Commerce to target markets and specific companies within these markets. The following markets have been identified by the Chamber of Commerce as desirable and suitable for locating within our community: - Pharmaceutical - Warehouse and Distribution - Agribusiness - Plastics - Biomedical - Marine Manufacturing - Electronics - Sports Related Manufacturing - Aviation and Aircraft Manufacturing The strategy for marketing businesses in these industries will include use of available data bases and the Internet. Other contacts will be made as a result of the networking. advertising and exhibition efforts. Staff will also develop a lease information package for marketing Authority"owned property. The total marketing cost for FY97198 has been budgeted at S13,ooO.oo. FINANCIAL PLAN The ABPC reviewed the history of airport revenue and expense for the years covering FY91/92 through FY96/97. Airport operating revenues have increased from 5260.877.00 in FY91192 to a high of 5560.944.00 in FY95196 due mostly to increases in the amount of property under lease. Additionally. one large lease payment of $150.000.00 was received from the golf course in FY95196. The net operating result during this period required that ad valorem subsidy be applied to the airport each year, with the greatest subsidy occurring in FY9I192. v I '-" "'-'" I Financial Forecast A conservative financial forecast was developed for the airpon based on the general assumption that operating revenue and expense would grow at a rate consistent with past economic trends. and that planned capital expenditures would be fully accounted for in each year of the airpon's capital improvement program. I Break-even Analvsis Earlier analyses indicated that a priority should be placed on the lease of available Authority-owned propeny to provide a means for attaining financial self sufficiency. The ABPC believes that securing 20 additional acres under lease each year is a reasonable and achievable goal. An average leasehold value of $2,500.00 per acre for industrial! commercial use property at the airport was determined reasonable for planning purposes based on discussions with local area real estate brokers. Success in meeting this goal indicates that, from an operating standpoint. the airport could be financially self sufficient by the year 2001 where additional airport revenue from land leases is sufficient to cover operating costs. It is also estimated that the airport could be totally self sufficient by the year 2005 where additional land lease revenue is sufficient to cover both the airport's projected operaling and capital expenditures. CONCLUSION The plan outlined herein is developed to be financially responsible in providing for airport improvements through the year 2010. It will limit the use of the airport to smaller aircraft and thus not require the strengthening of the existing runway. The use of smaller aircraft and reduction in the scope of the proposed development will minimize environmental impacts and the amount of mitigation required. The plan promotes the development of new commercial and industrial businesses and positions the County to continue receiving State and Federal funding, thereby eliminating the need to repay $9 Million in matching grants related to the purchase of airport lands over the past 10 years. The plan also promotes upgrading existing facilities at the airport and indicates that the airport operation can become totally self-sustaining by the year 2005 if the land lease program is successfully implemented. VI 08/23/02' FZABWARR FUND 001 001001 001143 001217 001266 101 101003 101006 102 102001 104001 105 107 107003 111 112 113 114 116 117 119 - - I) ~ 123 126 127 136 138 139 140 140001 140123 140275 140320 140800 160 183 183001 183004 184203 184804 310002 316 316001 390 396 401 "" ST. LUCIE COUNTY - BOk~D ""'*' WARRANT LIST #47- 16-AUG-2002 TO 23-AUG-2002 FUND SUMMARY TITLE General Fund Recreation Special Events Health & Human Srvcs CSBG FY01/02 DEP-Regional Attenuation Facility CTD TRIP Grant FY01/02 Transportation Trust Fund Transportation Trust/Local Option Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU Recreation Donations Fund Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-800 Mhz Oper River Park I Fund River Park II Fund Harmony Heights 3 Fund Harmony Heights 4 Fund Sunland Gardens Fund Sunrise Park Fund Holiday Pines Fund The Grove Fund Indian River Estates Fund Queens Cove Lighting Dist#13 Fund Southern Oak Estates Lighting Pine Hollow Street Lighting MSTU Monte Carlo Lighting MSTU#4 Fund Palm Lake Gardens MSTU Fund Palm Grove Fund Port & Airport Fund Port Fund USDOT-Enviro Assessment 91-27R DOT-140-Airport Maintenance Bldg FDOT-Environmental Assessment IRL Taylor Creek Restoration SFWMD Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Ft. Pierce Beach Restoration FIND So. Causeway Shoreline Stabil. Impact Fees-Parks County Capital Transportation Capital Treasure Cove/Ocean Harbor S Cap Lennard Road 1 - Roadway Capital Sanitary Landfill Fund Golf Course Fund EXPENSES 367,583.40 6.04 988.54 3,750.00 17,416.80 40,418.76 820.00 2,068.00 1,820.38 3,894.50 1,213.00 1,894.17 321,336.98 709.19 2,563.74 513.93 201.53 443.45 492.00 122.78 716.97 151.66 853.20 250.81 110.14 325.24 1,296.22 105.52 659.39 3,244.01 3,530.80 5,246.02 8,191.00 4,432.98 932.40 466.80 953.27 607.45 271.66 268.00 268.00 3,452.50 71,498.47 2,460.00 3,951.75 7,156.00 4,997.90 12,002.62 PAGE 1 PAYROLL 24,110.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 · 08/23/02 FZABWARR FUND 421 441 441802 451 461 471 491 505 505001 606 611 615 625 '-" ST. LUCIE COUNTY - BOARD ....., WARRANT LIST #47- 16-AUG-2002 TO 23-AUG-2002 FUND SUMMARY TITLE H.E.W. Utilities Fund North Hutchinson Island Utilities SFWMD N. Hutchinson Water Main S. Hutchinson Utilities Fund Sports Complex Fund No County Utility District-Operatin Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Shared Pool Cash-Property Appraiser Tourist Development Trust-Adv Fund Impact Fees Fund Law Library GRAND TOTAL: EXPENSES 18,606.65 57,348.59 2,560.24 3,817.62 1,492.44 658.95 2,084.26 254,114.92 7,246.50 250,000.00 300.30 104,352.89 9,987.22 1,619,228.55 PAGE 2 PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 7,980.68 0.00 0.00 0.00 (}.OO 0.00 32,090.68 '-" ,.", . 08/23/02 ST. LUCIE COUNTY - BOARD PÞ.GE 1 FZABWARR VOID LIST# 47- 16-AUG-2002 TO 23-AUG-2002 . ~L'JD: 001 - General Fund CHECK INVOICE VENDOR TOTAL 00278878 12205234 Bruhn, John D 55.50 00287568 12227169 Allwood Audubon Center 375.00 00288113 12227775 Watson, Gary 100.00 Fê;"ND TOTAL: 530.50 '-' 'willi 08/23/02 ST. LUCIE COUNTY - BOARD PAGE 2 FZABWARR VOID LIST# 47- 16-AUG-2002 TO 23-AUG-2002 . A'JD : 625 - Law Library CHECK INVOICE VENDOR TOTAL 00278776 12204427 The Bureau of National Affairs 295.00 FUND TOTAL: 295.00 '-" ..." BOARD OF COUNTY COMMISSIONERS ADDITIONS AGENDA August 27. 2002 CONSENT AGENDA County Attorney C-A.1 Domestic Relations Hearing Officer / Second AmendQ1ent to the July 11, 2000 Agreement with Judith G. Hill, Esquire Consider staff recommendation to approve the amendment and authorize the Chaifman to sign the amendment. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross- examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the 51. Lucie County Community SeNices Manager at (561) 462·1777 or TDD (561) 462·1428 at least forty·eight(48) hours prior to the meeting. \. AGENDA REQUEST ITEM NO. ~.1 Date: August 27, 2002 Regular [ ] Public Hearing [ ] Consent [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Domestic Relations Hearing Officer - Second Amendment to July 11,2000 Agreement with Judith G. Hill, Esquire BACKGROUND: See C.A. No. 02-1276 FUNDS AVAIL.(State type & No. of transaction or N/A): Account No. 183106-661-531000-6000 (Domestic Relations Officer Grant, Professional Services) RECOMMENDATION: Staff recommends thatthe Board of County Commissioners approve the proposed Second Amendment to the July 11,2000 Agreement with Judith G. Hill, Esquire, and authorize the Chairman to sign the amendment. COMMISSION ACTION: ~~. APPROVED [] DENIED [ ] OTHER: CONCU CE: County Attorney: ~ Coordination/Shmatures Mgt. & Budget: Purchasing: Originating Dept.: Other: Other: Finance (Check for Copy only, if applicable): \..r """" INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney c.A. NO: 02-1276 DATE: August 23,2002 SUBJECT: Domestic Relations Hearing Officer - Second Amendment to July 11, 2000 Agreement with Judith G. Hill, Esquire BACKGROUND: On July 11, 2000, the County entered into an agreement with Judith G. Hill, Esquire, to serve as the Domestic Relations Hearing Officer for the Nineteenth Judicial Circuit in Title IV -D Child Support Enforcement cases for the period July 1, 2000 through and including June 30, 2001. The agreement was amended on August 24,2001 to extend the term through and including June 30, 2003 and provide for a 2.5% increase in her compensation. The Florida Department of Revenue increased its funding for the Hearing Officer's compensation effective July 1, 2002. This will raise the Hearing Officer's monthly compensation from six thousand three hundred twelve and 48/100 dollars ($6,312.48) to six thousand four hundred seventy and 69/100 dollars ($6,470.69). The proposed Second Amendment attached to this memorandum provides for this increase. RECOMMENDATION/CONCLUSION: Staff recommends that the Board of County Commissioners approve the proposed Second Amendment to the July 11, 2000 Agreement with Judith G. Hill, Esquire, and authorize the Chairman to sign the amendment. Respectfully submitted, ~&ó Heather Young Assistant County Attorney Attachment HY/ I Copies to: '-' ..., County Administrator Court Administrator Finance Director Management and Budget Director Deputy Clerk Press/Public 2 \r ....., SECOND AMENDMENT TO JULY 11, 2000 AGREEMENT THIS SECOND AMENDMENT is dated this day of , 2002, by and between ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS, hereinafter referred to as the "Board", and JUDITH G. HILL, ESQUIRE, hereinafter referred to as the "Hearing Officer". WHEREAS, on July 11, 2000, the parties entered into an Agreement, hereinafter referred to as the "Agreement", wherein the Hearing Officer agreed to serve as the Domestic Relations Hearing Officer for the Nineteenth Judicial Circuit for Title IV -D Child Support Enforcement cases for the period beginning retroactively July 1, 2000 through and including June 30, 2001; and WHEREAS, on August 24, 2001, the parties entered into a First Amendment to the Agreement which extended the term through and including June 30,2003 in accordance with the term of the grant agreement between the County and the Department of Revenue and provided for a 2.5% increase in the compensation paid to the Hearing Officer for services rendered under the Agreement WHEREAS, the Florida Department of Revenue has increased its funding for the Hearing Officer's compensation effective July 1,2002; and, WHEREAS, the parties wish to further amend the Agreement to reflect this increase in the compensation paid to the Hearing Officer for services rendered under the Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Agreement as follows: 1. Paragraph III of the Agreement shall be amended to read as follows: III. TERMS OF PAYMENT For the period, July 1, 2000 through and including June 30, 2001, the County compensated the Hearing Officer in equal monthly payments of six thousand one hundred fifty-eight and 52/100 dollars ($6,158.52) each for services rendered pursuant to this Agreement. For the period, July 1, 2001 through and including June 30,2002, the County compensated the Hearing Officer in equal monthly payments of six thousand three hundred twelve and 48/1 00 dollars ($6,312.48) each for services rendered pursuant to this Agreement. For the period, July 1,2002 through and including June 30, 2003, the County will compensate the Hearing Officer in equal monthly payments of six thousand four hundred seventy and 69/1 00 dollars ($6,470.69) each for services rendered pursuant to this Agreement. Future compensation during the remainder of this Agreement shall be subject to appropriated funding for the program. Thereafter, the payments shall be due on or before tenth day of the month. The County shall not reimburse the Hearing Off¡.cer '-' ...." \ for any expenses incurred in the course of performing services under this Agreement. 2. All other terms and conditions ofthe Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the date first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS BY: County Attorney WITNESSES: JUDITH G. HILL, ESQUIRE BY: Judith G. Hill g: \atty\agreemnt\2a· hi 11. wpd It \.- AGENDA REQUEST ...., ITEM NO. C- 2 a DA TE: August 27, 2002 REGULAR [ ] PUBLIC HEARING [ ] CO~SENT [X] TO: BOARD ðF COF\TY COMMISSIO\ERS PRESENTED BY: SUBMITTED BY: Community Services Beth Ryder, Director SUBJECT: St. Lucie County Public Transit Municipal Service Taxing Unit C\ISTU)-Permission to Advertise for Public Hearing on Resolution No. 02-197. BACKGROUND: 8t. Lucie County has contracted for transit services since 1992 and provided matching funds for vehicles. Various State and Federal grants have provided operating and capital costs. A new census designation combining St. Lucie County and M~rtin County has chan~ed both counties status from under 200,000 population to over 200,000. Therefore, neither county is eÌigible for Federal Transit Administration operating assistance. If St. Lucie County is to continue pro\iding the current service levels and expand the fixed route service, a dedicated source of local funding must be established. AVAIL: N/A PREVIOUS ACTION: On June 6, 2002, the Board of County Commissioners, the Fort Pierce City Commission and the Port St. Lucie Council held a workshop to discuss local funding for public transit. The consensus was to create a countywide MSTU for Public Transit. Inadvertently, St. Lucie Village Alderman were not apprized of the meeting and were not present, therefore staff will be making a presentation at the September meeting of the Board of Alderman. RECOMMENDA no\': Approve advertising for Public Hearing on September 24, 2002, Resolution #02-197 creating the St. Lucie County Public Transit \Illnicipal Service Taxing Unit (MSTU). COMMISSION ACTIO\": [~ APPROVED [] DE\IED [ ] OTHER: NCE: u as 1\1. Anderson County Administrator County Attorney: x Originating Dept. JJ/ Review and Approvals Management & Budget: xn)l~ aEyurchaSing: Other: V Finance: (Check for Copy only, if applicable X) Eft: 5/96 '-' '-' CO~TYSERVICES MEMORANDUM #02-72 TO: Board of County Commissioners SUBJECT: Beth Ryder, Director MSTU for Transit ø-- FROM: DATE: August 27, 2002 St. Lucie County has contracted for transit services since 1992 and provided matching funds for vehicles. Various State and Federal grants have provided operating and capital costs. A new census designation combining St. Lucie County and Martin County has changed both counties status from under 200,000 population to over 200,000. Therefore, neither county is eligible for Federal Transit Administration operating assistance. If St. Lucie County is to continue providing the current service levels and expand the fIXed route service, a dedicated source of local funding must be established. On June 6th the Board held a workshop with the two cities to determine a method to provide a dedicated funding source for transit. The consensus of all three political subdivisions was to create a countywide MSTU. Attached is a draft of Table 6-2 Potential Revenue Needs by Source prepared by a Tindale-Oliver and Associates, Inc. in the Fixed-Route Transit Funding Study. In order to establish an MSTU that includes St. Lucie County and the incorporated areas, it is necessary for the Board to approve the attached Resolution #02-197 and then Port St. Lucie, Fort Pierce and St. Lucie Village will need to adopt an ordinance authorizing the MSTU. Staff Recommendation: Approve advertising for Public Hearing on September ~ft 2002, Resolution #02-197 creating the St. Lucie County Public Transit Municipal Service Taxing Unit (MSTU). '-' ..J The results of the evaluation are presented in Table ES-2, which summarizes the required amount of each revenue source (in terms of equivalent mills of ad valorem, pennies of ga~ tax, and percent of sales tax) that is necessary to leverage federal, state, and other transit revenues. . This information is also illustrated in Figures ES-2 through ES-4. Local Ad Gas Tax Gas Tax Sales Tax Sales Tax Year Revenue Valorem County County/Muni County County/Muni Need (mills) (pennies) (pennies) (percent) (percent) 2002 $714,989 0.100 2.50 ),.00 0.080% 0.050% 2003 $796,659 0.100 2.50 1.00 0.080% 0.050% 2004 $966,587 0.100 2.50 1.00 0.090% 0.050% c- 2005 $1,016,649 0.100 3.00 1.00 0.090% 0.050% 2006 $1,706,099 0.180 5.00 2.00 0.150% 0.080% 2007 $1,806,167 0.180 5.00 2.'do 0.150% 0.080% 2008 $1,889,939 0.180 5.00 2.00 0.150% 0.080% 2009 $1,977,600 0.180 6.00 2.00 0.150% 0.080% 2010 $2,069,330 0.180 6.00 2.25 0.150% 0.080% 2011 $2,165,319 0.200 6.00 2.25 0.150% 0.082% 2012 $2,265,765 0.200 6.00 2.50 0.150% 0.082% 2013 $2,370,874 0.200 6.00 2.50 0.150% 0.082% 2014 $2,480,864 0.200 7.00 2.50 0.150% 0.082% 2015 $2,595,962 0.200 7.00 2.75 0.150% 0.082% .. 2016 $2,716,403 0.200 7.00 2.75 0.150% 0.082% 2017 $2,842,438 0.200 7.00 2.75 0.153% 0.082% 2018 $2,974,326 0.210 7.00 3.00 0.153% 0.083% 2019 $3,112,340 0.210 8.00 3.00 0.153% 0.083% 2020 $3,256,763 0.210 8.00 3.00 0.153% 0.083% 2021 $3,407,894 0.240 8.00 3.50 0.153% 0.083% 2022 $3,566,045 0.240 9.00 3.50 0.153% 0.083% 2023 $3,731,543 0.240 9.00 3.50 0.153% 0.083% 2024 $3,904,728 0.240 9.00 3.50 0.153% 0.083% 2025 $4,085,959 0.240 9.00 3.50 0.153% 0.083% TOTAL $58,421,243 N/A N/A N/A N/A N/A Table ES-2 Potential Revenue Needs by Source .... ....."" . NOTE: The gas tax and sales tax both have two scenarios, including (1) only the county participates, and (2) the county and municipalities participate. Tindale-Oliver and Associates, Inc. July 2002 ES-7 St. Lucie Urban Area MPO Fixed-Route Transit Funding Study '-' ""'" RESOLUTION NO. 02-197 A RESOLUTION TO BE KNOWN AS THE ST. LUCIE COUNTY PUBLIC TRANSIT MUNICIPAL SERVICE TAXING UNIT RESOLUTION; PROVIDING DEFINITIONS AND FINDINGS; CREATING THE PUBLIC TRANSIT MUNICIPAL SERVICE TAXING UNIT; AUTHORIZING SUCH UNIT TO ANNUALLY LEVY AD VALOREM TAXES; AUTHORIZING OTHER GENERAL POWERS OF SUCH UNIT; DECLARING THE EXCLUSION FROM THE ADMINISTRATIVE PROCEDURES ACT; PROVIDING FOR SEVERABILITY; AND PROVIDING. FOR AN EFFECTIVE DATE NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that: ARTICLE I INTRODUCTION Section 1.01. Definitions. When used in this Resolution, the following terms shall have the following meanings, unless the context clearly requires otherwise: "Board" shall mean the Board of County Commissioners of St. Lucie County, Florida. "County" shall mean St. Lucie County, a political subdivision of the State of Florida. "Public Transit" shall mean any form of public transit services, including but not limited to fixed route, deviated route, demand response, van pooling, rail, transportation disadvantaged and Americans with Disabilities Act ("ADA") trips. "Unit" shall mean the Public Transit Municipal Service Taxing Unit as created by Section 2.01. 1 '- ...., Section 1.02. Findings. It is hereby ascertained, determined and declared that: A. Pursuant to Article VIII, Section I of the Florida Constitution, and Sections 125.01 and 125.66, Florida Statutes, the Board has all the powers oflocal self-government to perform county functions and to render services in a manner not inconsistent with general law and such power may be exercised by the enactment of county ordinances. B. Section 125.01 (1 )( q), Florida Statutes, provides legislative authorization for counties .. to establish a municipal service taxing unit for any part or all of the unincorporated areas within its boundaries and within municipal boundaries subject to consent of the respective municipality within which may be provided essential facilities and municipal services. C. The purpose of this resolution is to create the Public Transit Municipal Service Taxing Unit for the purpose of public transit services for all residents of St. Lucie County. The Board determines that the creation of this municipal service taxing unit will be of benefit to the real and personal property within the unit. The Board shall determine each year the estimated cost of providing such services for the ensuing County fiscal year within the boundaries of the unit. D. The Board hereby determines that the provision of public transit services is an essential municipal service within the meaning of Article VII, Section 9 of the Florida Constitution and Section 125.01(1)(q), Florida Statutes. 2 '- 'will' E Section 125.01 (1)( q), Florida Statutes, provides that upon consent through adoption of an ordinance by the governing bodies of affected municipalities given annually or for a term of years, the boundaries of a municipal service taxing unit may include all or part of the boundaries of a municipality. ARTICLE II PUBLIC TRANSIT MUNICIP AL$ERVICE TAXING UNIT Section 2.01. Creation. There is hereby created the Public Transit Municipal Service Taxing Unit pursuant to Section 125.01(1)(q), Florida Statutes. The boundaries of the Unit shall include the entire unincorporated and incorporated areas of the County as indicated in the boundaries set forth and described in the Appendix, attached hereto and incorporated herein by reference. The purpose of the Unit is to provide and facilitate public transit services within the Unit. The Board of County Commissioners shall be the governing board of the Unit. Section 2.02. Governing Board Powers. The Governing Board shall have the power to: Levy annually an ad valorem tax upon taxable real and personal property for the provision of essential facilities and municipal services within the Unit in the same manner as other county ad valorem taxes are levied; A. Adopt a budget at the same time and in the same manner as the Board prepares and adopts its annual county budget and levies ad valorem taxes as provided by law; B. Separately maintain in a separate account the funds obtained from the levy of the tax. Those funds obtained from the levy of the ad valorem taxes shall be used solely for 3 '- ..., the purpose of providing public transit services within the boundaries of the Unit, including but not limited to operating expenses, planning, facility construction, purchasing buses, equipment, and other capital costs; C. Appropriate and expend revenue of the Unit; D. Contract to receive and expend money, to sue and be sued, and generally to perform all other acts necessary or incidental to the powers and duties granted by this resolution. E. Reimburse the County for funds advanced for the east-west fixed route service during the County's Fiscal Year 2003. ARTICLE III MISCELLANEOUS PROVISIONS Section 3.01. Declaration of exclusion from Administrative Procedures Act. Nothing contained in this resolution shall be construed or interpreted to include the Unit in the definition of agency contained in Section 120.52, Florida Statutes, or to otherwise subject the Unit to the application of the Administrative Procedures Act, Chapter 120, Florida Statutes. TIús declaration of intent and exclusion shall apply to all proceedings taken as a result of or pursuant to this resolution. Section 3.02. Severability. If any clause, section or provision of this resolution shall be declared unconstitutional or invalid for any reason or cause, the remaining portion of said resolution shall be in full force and effect and be valid as if such invalid portion thereof had not been incorporated herein. 4 - -- ... Section 3.03. Effective date. This Resolution shall take effect upon the enactment by the City of Fort Pierce City Commission, the City of Port S1. Lucie City Council and the Town of St. Lucie Village Board of Aldermen of ordinances consenting to the inclusion of their respective entity within the boundaries of the Unit as required by Section 125.01 (1)( q), Florida Statutes, within ninety (90) days from the date of adoption of this Resolution. In the event one or more of the municipalities does not adopt such an ordinance within this ninety (90) day period, this Resolution shall become null and void. After motion and second, the vote on this resolution was as follows: Chairman Doug Coward XXX Vice Chairman Cliff Barnes XXX Commissioner Paula Lewis XXX Commissioner John Bruhn XXX Commissioner Frannie Hutchinson XXX PASSED AND DULY ADOPTED this XX day of XX, 2002. ATTEST: BOARDOFCOUNTYCO~SmONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney 5 '-" .."J AGENDA REQUEST ITEM NO. C- 2b DATE: August 27, 2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): Community Services Beth Ryder, Director SUBJECT: Approval of modification of Federal Transportation Administration (FTA) grants # FL90-X387, FL 90-X414 and FL90-X442, Resolution 02-208 and the 2001/02 application for the U. S. C. 5307 FTA Grant # FL90-X46~. BACKGROUND: Each year since FY 1992/93, St. Lucie County has applied for grant funding from the FTA to fund operating and capital costs for the contracted transportation provider for St. Lucie County, Council on Aging/Community Transit. '- FTA Grants FL90-X387, FL90-X414 and FL 90-X442 were approved with capital and operating assistance. All operating assistance has been expended and due to the new census designation, St. Lucie County will no longer be eligible to receive operating assistance. The FTA has authorized moving eligible capital funds from these grants to operating for this new grant (#FL90-X462) only. FUNDS AVAIL: N/A PREVIOUS ACTION: N/A. RECOMMENDATION: Approval of Resolution No. 02-208, modification of FTA grants # FL90-X387, FL90-X 414 and FL90-X442 to transfer available funds in the amount of S429, 148 for operating assistance only for Grant # FL 90-X462, approval of the grant application, acceptance and authorization for the Chairman to sign all documents necessary after award of the grant. ouglas M. Anderson County Administrator ÇJ)MMISSION ACTION: [A]. APPROVED [] DENIED [ ] OTHER: County Attorney :x~ Purchasing: Originating Dept. Other: Finance: (Check· for Copy only, If applicable ~ Review and ADorovals Management & BUdget:xeY& m Ml.J¡ Other: '-' ...." l RESOLUTION NO. 02-208 A RESOLUTION DESIGNATING THE COMMUNITY SERVICES DIRECTOR/COMMUNITY TRANSPORTATION COORDINATOR AS THE AUTHORIZED STAFF PERSON.FOR ST. LUCIE COUNTY AUTHORIZED TO ELECTRONICALLY FILE THE 49 U.S.CO SECTION 5307 FEDERAL TRANSIT ADMINISTRATION GRANT APPLICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. This Board is authorized to file applications for transit related grants to the Federal Transit Administration and the Florida Department of Transportation. 2. This Board is authorized to provide public transit services for St. Lucie County under State and Federal Law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA:, 1. This Board hereby authorizes the submission ofa 49 U.S. C. Section 5307 Grant Application wiÒ the Federal Transit Administration for Fiscal Year 01/02. 2. This Board authorizes the Chairman of the Board of County Commissioners to execute the application and any subsequent award agreement on behalf of the Board. 3. This Board further designates the St. Lucie County Community Services Director/Community Transit Coordinator to electronically execute any and all documents necessary including the application, agreements, assurances, reimbursement invoices, warranties and other documents on behalf of the Board and its Chairman which may be required by the Federal Transit Administration and/or the Florida Department of Transportation. '-" ...,¡ 4. This resolution shall become effective on adoption. After motion and second, the vote on this resolution was as follows: Chairman Douglas Coward XXX Vice Chairman Cliff Barnes XXX Commissioner John D. Bruhn XXX Commissioner Frannie Hutchinson XXX Commissioner Paula A. Lewis XXX PASSED AND DULY ADOPTED this 20th day of August 2002. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: . ·5 ~. County Attorney Yie~ Print '-" ....,¡ Page 1 of 6 ~ DOT o FTA u.s. Department of Transportation Federal Transit Administration Application for Federal Assistance Recipient ID: 1024 Recipient Name: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Project ID: FL-90-X462-00 Budget Number: 1 - Budget Pending Approval Project Information: Operating Assistance Part 1: Recipient Information Project Number: FL-90-X462-00 Recipient ID: 1024 . Recipient Name: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Address: Community Services 437 North 7th Street, FT. PIERCE, FL 349500000 Telephone: [172) 462-1772 Facsimile: [172) 462-1703 Union Information -. Recipient ID: 1024 Union Name: NONE Add ress 1: N/A Address 2: City: N/A, 00000 0000 Contact Name: N/A N/A Telephone: Facsimile: Part 2: Project Information Project Type: Grant Project Number: FL-90-X462-00 Project Description: Operating Assistance Gross Project $858,296 Cost: Adjustment Amt: $0 Total Eligible Cost: $858,296 https:llftateamweb.fta.dot.gov/teamweb/ApplicationsNi ew PrinUView PrintRes. asp ?GUID=... 8/12/2002 View Print '-' 'WI Page 2 of6 Recipient Type: County Agency Total FTA Amt: $429,148 FTA Project Mgr: Tom McCormick/Elizabeth Total State Amt: $0 Martin Total Local Amt: $429,148 Recipient Contact: Beth Ryder Other Federal New/Amendment: None Specified . Amt: $0 Amend Reason: None Specified Special Cond Amt: $0 Fed Dom Asst. #: None Specified Special Condition: None Specified Sec. of Statute: 5307 S.C. Tgt. Date: None Specified State Appl. 10: FM#235804-1 S.C. Eff. Date: None Specified Start/End Date: Jul. 01, 2002 - Jun. 30, 2003 Est. Oblig Date: None Specified Recvd. By State: Jul. 10, 2002 Pre-Award No EO 12372 Rev: Not Applicable Authority?: Review Date: None Specified Fed. Debt No Authority?: Planning Grant?: NO Final Budget?: No Program Date (STIP/UPWPIFTA Jul. 03, 2001 Prm Plan) : Program Page: 254 Application Type: Electronic Supp. Agreement?: Yes Debt. Delinq. Details: Urbanized Areas IUZAID 120000 I UZA Name FLORIDA Congressional Districts State 10 District Code District Official 12 12 Adam Putnam Project Details As a result of the 2002 Census, St. Lucie County was combined with Martin County to become the Port St. Lucie Urbanized Area. This unanticipated designation will mean a loss of operating assistance dollars. The purpose of this grant application is to compensate for that loss of funding by allowing the use of capital assistance to be transferred to operating assistance while alternative funding sources are initiated. The capital projects that will be effected by this transfer of funds will be postponed and covered under future grants which will be for capital asssitance. Capital vehicle match will be provided with Toll Credits. Other capital match will be through various eligible sources, Le., State Block Grants, local contracts and Council On Aging of St. Lucie, Inc.lCommunity Transit. This application is for operating assistance for the period July 01, 2002 to June 30, 2003 using capital funds from https:l/ftateamweb.fta.dot.gov/teamweb/Applicati onsNiew PrintIViewPrintRes. as p ?GUID=.. . 8/12/2002 View Print '-' ...." Page 3 of 6 prior grant years. The grant numbers and amount of available funds are: 99/00-Grant #FL-90-X387- $8,682; 00/01-Grant #FL-90-X414-$253,809; and 01/02- Grant #FL-90-X442-$166,657. The stip dates and program page numbers for the grants are: X387 -10/01/99, page 262; X414 - 08/25/00, page 298; X442 - 07/03/01, page 254. The local match will provided through St. Lucie County Board of County Commissioners, the City of Fort Pierce, the City of Port St. Lucie and Community Transit/Council on Aging of St. Lucie, Inc. Due to a glitch in the system, some information that has been entered in the application is listed as None Specified when the application is printed, but does show when the application is opened on TEAM. Part 3: Budget Project Budget ... ...," . . .. Quantitv I FTA Amount I Tot. Elig. Cost SCOPE . 300-00 OPERATING ASSISTANCE 0 $429,148 $858,296 ACTIVITY 30.09.00 OPERATING ASSISTANCE- 0 $429,148 $858,296 50% (USE FPC 04) Estimated Total Eligible Cost: $858,296 Federal Share: $429,148 Local Share: $429,148 OTHER (Scopes and Activities not included in Proiect Budget Totals) None No Amendment Fundina Source information is available for the selected project Alternative Fuel Codes Extended Budget Descriptions 300-00 I OPERATING ASSISTANCE I 01 $429,1481 $858,296 Operating assistance for 07/01/2002 through 06/3012003. A 50% match will be provided by local match of St. Lucie County Board of County Commissioners, the City of Fort Pierce, the City of Port St. Lucie and Community Transit/Council on Aging of St. Lucie, Inc. https://ftateamweb .fta.dot.gov/teamweb/ ApplicationsNiewPrint/ViewPrintRes.asp?GUID=... 8/12/2002 View Print '- ...., Page 4 of 6 Changes since the Prior Budget Unable to find change amount information. Part 4. Milestones 30.09.00 OPERATING ASSISTANCE - 50% (USE FPC 04) o $429,148 $858,296 Milestone Description Est. Camp. Date 1. Final Expenditure Jun. 30,2003 Drawn as needed - operating assistance for 07/01/2002 - 06/30/2003. Part 5. Environmental Findings PRJBUD Project Budget o $429,148 $858,296 Finding No.1 - Class lI(c) C16 - Program Admin. & Operating Assistance Program administration, technical assistance activities, and operating assistance to transit authorities to continue existing selVice or increase selVice to meet routine changes in demand. Part 6: Fleet Status No information found. Part 7. FTA Comments General Review Comment Title: Application Rationale Comment By: Elizabeth Martin Date Created: Jul. 11,2002 Date Updated: Jul. 30, 2002 Ref Section: Unknown Comment: Project Details-Add information regarding the need for this application. Also indicate how capital needs will be met. Comment Resolved. Part 8: Results of Reviews https://ftateamweb .fta.dot.gov/teamweb/ ApplicationsNiewPrint/ViewPrintRes.asp?GUID=... 8/12/2002 View Print '-' ""'" Page 5 of6 The reviewer did not find any errors Part 9: Agreement UNITED STA TES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL TRANSIT ADMINISTRATION GRANT AGREEMENT (FTA G-B, October 1, 2001) On the date the authorized U.S. Department of Transportation, Federal Transit Administration (FTA) official's electronic signature is entered for this Grant Agreement, FTA ha~ Awarded Federal assistance in support of the Project described below. Upon Execution of this Grant Agreement by the Grantee named below, the Grantee affirms this FTA Award, and enters into this Grant Agreement with FTA. The following documents are incorporated by reference and made part of this Grant Agreement: (1) "Federal Transit Administration Master Agreement," FTA MA(8), October 1,2001, [http://www.fta.dot.gov/library/legal/agreements/2002/ma.htmij ; and (2) Any Award notification containing special conditions or requirements, if issued. FTA OR THE U.S. GOVERNMENT MAY WITHDRAW ITS OBLIGATION TO PROVIDE FEDERAL ASSISTANCE IF THE GRANTEE DOES NOT EXECUTE THIS GRANT AGREEMENT WITHIN 90 DAYS FOLLOWING THE DATE OF THIS FTA AWARD AS SET FORTH ON THE NEXT PAGE. FTA AWARD FTA hereby awards a Federal grant as follows: Proiect No: FL-90-X462-00 Grantee: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Citation of Statute(s) AuthorizinQ Project: 49 USC 5307 - Urbanized Area Formula Estimated Total Eliqible Cost (in U.S. Dollars): $858,296 Maximum FTA Amount Aooroved IIncludinq All Amendments] (in U.S. Dollars): $429,148 Amount ofThis FTA Award (in U.S. Dollars): $429,148 Maximum Percentage(s) of FTA Participation: Percentages of Federal participation are based on amounts included in the Approved Project Budget, modified as set forth in the text following the Project Description below. Date of U.S. Department of Labor Certification of Transit Employee Protective Arranaements: Original Project Certification Date: 7/12/2002 Proiect Description: The Project Description includes information describing the Project within the Project Application submitted to FTA and the Approved Project Budget, modified by any additional statements herein. Operating Assistance - Page 1 - https://ftateamweb .fta.dot.gov/teamweb/ ApplicationsNiewPrint/ViewPrintRes.asp?GUID=... 8/12/2002 View Print ,-. .....,. Page 6 of6 ¡ UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL TRANSIT ADMINISTRATION SUPPLEMENTAL AGREEMENT (Attachment to FTA G-8, October 1,2001) The Federal Transit Administration is required by 49 U.S.C. § 5307 to enter into a formal agreement with the Designated Recipient for projects that the Designated Recipient does not carry out directly. Under this Grant Agreement, the Grantee is not the Designated Recipient. Therefore, in accordance with 49 U.S.C. § 5307, the Designated Recipient hereby agrees to permit the Grantee under this Grant Agreement to receive and dispense the Federal assistance funds described in this Grant Agreement. The Designated Recipient further agrees that the Grantee shall assume all responsibilities set forth in this Grant Agreement. The Federal Government and the Grantee under this Grant Agreement hereby agree that the Designated Recipient is not in any manner subject to or responsible for the te~ms and conditions of this Grant Agreement and is a party to this Grant Agreement only to assign the right to receive and dispense Federal funds to the Grantee as described above. https://ftateamweb.ftadotgov/teamweb/ ApplicationsNiew Print/ViewPrintRes.asp?GUID=.. . 8/12/2002 il~ y '- "wJf AGENDA REQUEST ITEM NO. C-2c DATE: August 27, 2002 REGULAR [ l PUBLIC HEARING [ l CONSENT [Xl SUBMITTED BY: Community Services Division PRESENTED BY: Beth Ryder, Directo~¿f TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Approval of Resolution No. 02-210 approving the schedule of fees for services of St. Lucie County Health Department. BACKGROUND: In order to coordinate the operation of the Health Department and pursuant to Chapter 154, F.S. the Board of County Commissioners enters into a contract each year with the State of Florida and adopts a resolution to establish fees for public health services, personal health services, primary care services and miscellaneous services. FUNDS AVAIL. N/A PREVIOUS ACTION: The Board approved the Health Department schedule of Fees for FY01/02 at the meeting held on September 25, 2001. RECOMMENDATION: Approve Resolution 02-210 approving the schedule of fees and authorize the Chairman to sign the necessary documentation. [ Xl [ l APPROVED OTHER: [ l DENIED as M. Anderson ty Administrator COMMISSION ACTION: County Attorney:X ''Jc;)~ OJ"" Originating Department: Coordination/Siqnatures Management &0 Budget~PurChaSing: Other:_SLC Health Dept. Finance: Check for copy only, if applicable X G:\WP\HEALTHDE\AGENDA.020827.wpd '- ..." RESOLUTION NO. 02-210 A RESOLUTION INCREASING AND ADDING CERTAIN FEES TO THE FEE SCHEDULE FOR THE ST. LUCIE COUNTY HEALTH DEPARTMENT WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 154.06(1), Florida Statutes, authorizes the Board of County Commissioners to establish fees for the Public Health Services, Personal Health Services, Primary Care Services, and Miscellaneous Services provided by the St. Lucie County Health Department. 2. Due to the increased cost of medical supplies and labor, it is necessary and in the best interest of the health, safety and public welfare of the citizens of S1. Lucie County to amend the current Fee Schedule for the Health Department to incorporate certain increased and additional fees. . --~ ...~. NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners of S1. Lucie County, Florida: 1. The Board hereby adopts the "S1. Lucie County Health Department Fee Schedule", attached hereto and incorporated herein as Exhibit "A". 2. This resolution shall take effect on October 1, 2002 '- \J After motion and second the vote on this resolution was as follows: Chairman Douglas Coward XXX Vice Chairman Cliff Barnes XXX Commissioner John D. Bruhn XXX Commissioner Frannie Hutchinson XXX Commissioner Paula A. Lewis XXX PASSED AND DULY ADOPTED this 27th day of August 2002. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN ..-," APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY .\..., .., Fees for Service County Health Department Effective 10/01/02 IMMUNIZATIONS Hepatitis B Vaccine Adult (3 injections Child (1-10 yrs.) Child (11 and up) per Hepatitis A Hepatitis A (children) Influenza MMR - Over the Age of 18 PPD Tetanus (Adult) Diphtheria pneumonococcal Vaccine Varicella Vaccination (Chicken Pox) Immunization Book (1st Free) 680 forms Overseas Injections: Yellow Fever Rabies Vaccination: Vaccine (5 doses) Immune Globulin (dosage based on body weight) Meningitis required) per injection per injection injection per injection per injection LABORATORY HIV/Aids Testing (Confidential) HIV/Aids Testing (Anonymous) Sexually Transmitted Disease Testing Cholinesterase Combination Testing (Pesticide Exposure) Drug Testing Complete Urinalysis CBC Hepatitis B Immunity Screen Cholesterol Screening EKG Hepatitis C Screen VITAL STATISTICS Birth Certificates (Book Copy) Birth Certificates (Computer Copy) Extra Copies of Certificates Out of County Birth Certificates Death Certificates Birth/Death Records Search (Per year) Expediting Charge Fees 50.00 25.00 50.00 40.00 40.00 15.00 45.00 10.00 15.00 15.00 20.00 3.00 3.00 65.00 550.00 135.00 65.00 15.00 20.00 30.00 20.00 30.00 7.50 25.00 40.00 15.00 50.00 65.00 15.00 13.00 8.00 15.00 12.00 5.00 5.00 Old fees 12.00 15.00 New 1,000.00 (2ml vial) 40.00 New " '- ..." ..... Effective 10/01/02 PERSONAL HEALTH Fees Chest x-Ray Insulin (per vial) Hypertension Screening Pregnancy Test Combination STD, HIV, Lab and Counseling Diabetes screening Physical Exam/School Work Physical Smoking Patches (per box) Record Information for SS Disability School Exam Records/Patient Request Medical Legal Records SS Disability Determination Records Copies of Medical Records Requested by patients/Per Page Fees: 1 - 5 Pages 6 - 10 Pages 11 - 20 Pages Over 20 Pages 50.00 11. 00 30.00 20.00 35.00 30.00 25.00 30.00 38.00 10.00 1.00 25.00 10.00 2.00 3.00 5.00 10.00 Maternal Health Sliding Fee Scale According to Office of Management and Budget Poverty Scale Sliding Fee Scale According to Office of Management and Budget Poverty Scale Family Planning PRIMARY CARE pediatric Clinic - New Client 30.00 GYN Fees GYN - ER follow up GYN Exam Colposcopy Cryo 30.00 60.00 60.00 60.00 ADULT HEALTH New Client Recheck 30.00 15.00 2 Old fees '- .."" . ... Effective 10/01/02 Fees Old fees DENTAL Fees INITIAL ORAL EXAM PERIODIC ORAL EXAM LIMITED PROBLEM FOCUSED EXAM COMPREHENSIVE ORAL EXAM COMPLETE SERIES FXM PERIEPICAL FIRST FILM PERIEPICAL EACH ADDITIONAL FILM OCCLUSAL FILM BITE WINGS-SINGLE FILM BITE WINGS-TWO FILM BITE WINGS-FOUR FILM PANORAMIC FILM EMERGENCY TREATMENT PROPHYLASIS-CHILD PROPHYLAXIS-ADULT SEALANT-PER TOOTH ROOT PANING & SCALING FULL MOUTH ROOT PANING & SCALING PER QUADRANT FULL MOUTH DEBRIDEMENT EXTRACTION-SINGLE SIMPLE EXTRACTION EACH ADDITIONAL ROOT REMOVAL/EXPOSED ROOTS SURGICAL EXTRACTION IMPACTED WISDOM SOFT TISSUE SURGICAL ROOT REMOVAL ALVEOLOPLASTY W/EXTRACTION ALVEOLOPLASTY PER QUADRANT BIOPSY OF ORAL HARD TISSUE BIOPSY OF ORAL SOFT TISSUE AMALGAM-ONE SURFACE PRIMARY AMALGAM-TWO SURFACE PRIMARY AMALGAM-THREE SURFACE PRIlmRY AMALGAM-FOUR SURFACE PRIlmRY AMALGAM-ONE SURFACE, PERMANENT AMALGAM-TWO SURFACE, PERMANENT AMALGAM-THREE SURFACE, PEmaNEN'r AMALGAM-FOUR OR MORE, PEæÐWENT RESIN-ONE SURFACE, ANTERIOR RESIN-TWO SURFACE, ANTERIOR RESIN-THREE SURFACE, ANTERIOR 30.00 25.00 20.00 30.00 45.00 14.00 10.00 10.00 14.00 18.00 20.00 50.00 25.00 30.00 40.00 18.00 200.00 50.00 100.00 40.00 30.00 45.00 65.00 95.00 90.00 30.00 50.00 70.00 70.00 30.00 35.00 45.00 55.00 45.00 55.00 65.00 75.00 45.00 55.00 65.00 3 New New New New New New New New New New New New New 24.00 28.00 New New New New New New New New New New New New New New New New New New 41. 00 51.00 61;00 New New New 54.00 '- ...., ..'0. Effective 10/01/02 Fees RESIN-FOUR INCISAL ANGLE, ANTERIOR RESIN-ONE SURFACE, POSTERIOR PR~Y RESIN-TWO SURFACE, POSTERIOR PR~Y RESIN-THREE SURFACE, POSTERIOR PRIMARY RESIN-ONE SURFACE, POSTERIOR PERMANENT RESIN-TWO SURFACE, POSTERIOR PERMANENT RESIN-THREE SURFACE, POSTERIOR PERMANENT SEDATIVE FILLING PULP CAP-DIRECT PULP CAP-INDIRECT PULPOTOMY ADJUSTEMENT MAXILLARY ADJUSTEMENT MANDIBULAR RELINE MAXILLARY (CHAIRS IDE) RELINE MANDIBULAR (CHAIRSIDE) TISSUE CONDITIONING MAXILLARY TISSUE CONDITIONING MANDIB~ ADJUST UPPER PARTIAL ADJUST LOWER PARTIAL RELINE UPPER PARTIAL (CHAIRS IDE) RELINE LOWER PARTIAL (CHAIRSIDE) 70.00 30.00 35.00 40.00 45.00 55.00 65.00 30.00 40.00 40.00 60.00 15.00 15.00 100.00 100.00 50.00 50.00 15.00 15.00 100.00 100.00 ENVIRONMENTAL HEALTH Environmental Sample Water Sampling (each) potable drinking water Water Forms Water System Variance 20.00 10.00 20.00 50.00 Wells Domestic Irrigation-Private Commercial (less than 6") Commercial (6" to 11") Commercial (12" or greater) Monitoring Abandonment Reinspection Fines Repair (domestic) Repair (publiC) Irrigation- Commercial 50.00 40.00 250.00 315.00 380.00 50.00 20.00 25.00 (open) 40.00 100.00 120.00 Veteran's Administration Certification for Water/Septic Systems Water Report Reviewing and Sign off 50.00 5.00 4 Old fee New New New New New New New 28.00 New New New New New New New New New New New New New New '- ..... Effective 10/01/02 Proposed Subdivision Analysis/plan Review « Approval Use of Septic Systems: Hazardous Waste County septic Fee (every new permit) Revised plan Review Fee Late permit fee Environmental Record/CoPY Fees: Per Page Fee UST installation plan review UST closure plan review MISCELLANEOUS ..."" Fees 5.00 100.00 10..00 50.00 .15 75.00 25.00 Car Seats Health Education Seminars Per Hour/person Delivery Fees Data Base Mail List Notary Fee Weight Class Series Counseling - Nutrition, HIV, AIDS & Healthy Start, Computerized Diet Analysis Menu Cycle Review for Group Care Facilities Food service Training Seminars -Per Hour Menu Cycle development for Group Care Health Risk Appraisal Safety and CLIA Training -Per Hour Computer application training / per person 15.00 15.00 10.00 200.00 5.00 25.00 50.00 Lactation 20.00 50.00 45.00 350.00 50.00 150.00 20.00 ALL SERVICES PROVIDED TO THE JAIL WILL BE BILLED AT THE MEDICAID RATE. 5 Old fee New 10.00 . .~l..r t '- ...., ITEMNO.~ DATE: 8/27/02 AGENDA REQUEST REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (X) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): PUBLIC WORKS - ADMIN PRESENTED BY: \ J SUBJECT: Recommend the Board of County Commissioner appr ve the demolition of the dilapidated building at the Stewart Sand Mine site on Touzer Road. Attached are two quotes from local Demolition Contractors with the lowest bid at $9,500.00. BACKGROUND: St. Lucie County has processed two request for proposals (RFP's) for use of building repair at the Stewart Sand Mine on Touzer Road. One response was received on the first R.F.P, but the proposal was rejected because the proposers were not willing to repair the buildings. The second RFP specified that the county would make repairs, but no bids were received. FUNDS AVAILABLE: Funds will be made available in Fiscal Year 02/03 in the Lands account #102-2415-561000-200. PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve demolition of the dilapidated building at the Stewart Sand Mine with the lowest bid of $9,500.00 from LEB Demolition Contractor for removal of the unsafe structure. COMMISSION ACTION: o APPROVED 0 DENIED )l0THER: Pull for more information. . -- Review and Approvals . M,",..~.t..d B'd'''/ ç 181 Originating Dept: (Pub. Wks.) 181 County Attorney: ~ Q.),C1 181 Purchasing: 181 Parks & Recreation: o Other M4M7J 8ul/U T Ú£) IM.~ o Finance: Check for copy only, if applicable: 181 Environmental lands: ~ St. Lucie County 2300 Virginia Ave. Ft. Pierce, FL 34982-5652 REQUEST FOR QUOTATION DUE DATE: August 5,2002 @ 3;00PM BIDDER INFORMATION Name: John O'Connell 11005 W. Midwa Road COUNTY CONTACT INFORMATION Contact Person: Ruth Totton De UDiv. Purchasin Phone No. (772) 462-1738 Facsimile No. (772) 462-1704 Shi To: N/A Shi Via: N/A To visit the site, please contact: to schedule an appointment. THIS 15 NOT AN ORDER Please quote on the following items. Quote price shall be stated in units requested and shall remain firm for sixty (60) calendar days. The Count is exem t from Federal Excise #59- 6000835 DESCRIPTION and Sales Tax #66-02-017737-53C . BASE PRICE $ /. i L/7:F ()o Demolition of structure and concrete slab at Stuart Mine Located @: Touzer Rd., North Ft. Pierce, FI RETURN THIS REQUEST AND ALL PAGES BY THE DUE DATE AND TIME ABOVE BY FACSIMilE, MAil, OR DELIVER TO CONTACT PERSON AND ADDRESS/FACSIMilE NUMBER ABOVE. ANY ORDERS RESULTING FROM THIS REQUEST FOR QUOTATION Will BE SUBJECT TO THE TERMS AND CONDITIONS CONTAINED IN THE CONTRACT OR PURCHASE ORDER. INSURANCE REQUIREMENTS: Commercial Liability $1,000,000 per occurrence, $2,000,000 per job aggregate; Automobile Liability $1,000,000; Worker's Compensation $500,000 SPECIFICATIONS The Contractor shall provide the following services to the County: Demolition shall include removal of structure and concrete slabs. Furnish asbestos survey; / \w ..., Site shall be rough graded Debris will be transported to a class 1-111 landfill. Dump fees and permit fees shall be included Contractor to send notification to D.E.P. 2 U.B. DEMO........ & CONSULTING CONTRACTORS, INC. ~ Phone: 561n29-8575 FóIX: 5M/229/.10J6 Ema1llebdemo(ª,"ol,COnl 12~O$ ~. In<lian R..cr Drive Jon,en fica" ,. Flonda J49S7 PROPOSAL July 22, 2002 St. Lucie County Board of Co. Commissioners 2300 Virginia Avenue Ft. Pierce, Florida 34982 Attention: Ray Wa.7.I1Y Re: Location: Demolition of structure and concrete slab at Stuart Mine Touler Rd., North Ft. Pierce, FL. L.E.R Demolition, Inc. propose~ to fumish all labor and equipment for the demolition and removal of all debris generatcd by the above referenced job. All debris will be transpörtcd 1(1 ã class 1-111 landfill. dump fees shall bc included. L.E.B. will send notification to D.E.P. Scope of Work: Demolition including removal ofstruclllre and conerele slabs. LE.6. will furnish asbestos survey Site shall be rough graded Exclusions: Capping of wells, sewer and water services Any unforeseen conditions under slabs Any and all damagc to utilities, underground or overhead A ny and all utility disconnects or capping of utilities Any tmf(Jreseen conditions under slabs Any fill dirt that may be needed A ny and all work in pub I ie space Any and all ha7ardous and toxic waste We hereby propose to furni~h labor and material~ - complete: in accord once with thc above specilicntioll~. Any alteration or deviation from above specifications will become an extra charge over and abuve the estimate. This proposal subject to acceptance with seven days and is void thereafter at the option oflhe undersigned. For The Sum Of: NINETY FIVE HUNDRED AND 001100 Dol1l1r~. ~~ 9.500.00. Payment to be made upon completion of work. No retentíon's to be held by contractor. L.E.B. Demolition. Inc. reserves all salvage rights to property. Salvage rights to commence when job is awarded. Authorized Signature: \ ACCEPTANCE OF PROPOSAl. The above prices, specifications and conditions arc hereby Dccepted. You are authQrized to do the work as specified. ACCEPTED: DATE: SIGNA TURF.: '-' ...." i Follow the steps below to add an addítionallocation to vour map. When you are finished Ildding the location, dick ill the "FINISHED" button to update your main map. You m<lY add up to five locations on <l single map by returning to i this form and repeating the steps below. i âWt.l . Lebel Icon (optional): ~ . Select Icon: rJ' rJ' ri1" r& rip r IilIIII r+ rit r II r~ rlt is ("" ..~"", i&l ('" + i. .¡. * i* ('" * r~ ,~ ~ . Add the Location by either entering an address in the form, or clicking on the map: I " Address J Intersection: I City: I ZOOM IN æ ..... ..... ..... ..... - ..... ..... ..... ..... ..... S ZOOM OUT n " I state: l,r-- (Find Abbr.viation) ZIP Code: I , ADOTO MAP ~ St"n 4 - Iln.-fAt" mAin mAn: ¡fI!start Ii ~.11 U .GroupWise.· MaIlbox I ÎÌMapQuest: Maps: map-... Wednesday, Jul 24, 2002 0130 PM .com* '" 1:30 PM ~ St. Lucie County 2300 Virginia Ave. Ft. Pierce, FL 34982-5652 REQUEST FOR QUOTATION DUE DATE: AUQust 5. 2002 @ 3:00PM BIDDER INFORMATION COUNTY CONTACT INFORMATION Company Name: Wildcat Demolition Contact Person: Ruth Totton Address: P.O. Box 2506 DeptlDiv. Purchasinq Address: Phone No. (772) 462-1738 City/State/Zip: Ft. Lauderdale FI. 33303 Facsimile No. (772) 462-1704 Contact Person: Ship To: N/A Phone No. (954) 766-9922 Ship Via: N/A Facsimile No. (954) 763-3583 To visit the site, please contact: Siqnature: To schedule an appointment. Title: Date of Quote: THIS IS NOT AN ORDER Please quote on the following items. Quote price shall be stated in units requested and shall remain firm for sixty (60) calendar days. The Countv is exempt from Federal Excise (#59- 6000835) and Sales Tax (#66-02-017737-53C). DESCRIPTION BASE PRICE $ Demolition of structure and concrete slab at Stuart Mine Located at: Touzer Road, North Fort Pierce, Florida : RETURN THIS REQUEST AND ALL PAGES BY THE DUE DATE AND TIME ABOVE BY FACSIMilE, MAil, OR DELIVER TO CONTACT PERSON AND ADDRESS/FACSIMilE NUMBER ABOVE. ANY ORDERS RESULTING FROM THIS REQUEST FOR QUOTATION Will BE SUBJECT TO THE TERMS AND CONDITIONS CONTAINED IN THE CONTRACT OR PURCHASE ORDER. INSURANCE REQUIREMENTS: Commercial Liability $1,000,000 per occurrence, $2,000,000 per job aggregate; Automobile Liability $1,000,000; Worker's Compensation $500,000 SPECIFICATIONS The Contractor shall provide the following services to the County: Demolition of structure Removal of structure and concrete slabs Furnish asbestos survey 1 ,-,. ....tI Site shall be rough graded Debris will be transported to a class I-III landfill Dump fees and permit fees shall be included Contractor to send notification to D.E.P. 2 '- ...I St. Lucie County 2300 Virginia Ave. Ft. Pierce, FL 34982-5652 REQUEST FOR QUOTATION DUE DATE: AUQust 5.2002 @ 3:00PM BIDDER INFORMATION COUNTY CONTACT INFORMATION Company Name: John O'Connell Contact Person: Ruth Totton Address: 11005 W. Midway Road DepUDiv. Purchasing Address: Phone No. (772) 462-1738 City/State/Zip: Fort Pierce, FI. 34945 Facsimile No. (772) 462-1704 Contact Person: John O'Connell Ship To: N/A Phone No. (772) 461-7944 Ship Via: N/A Facsimile No. (772) 461-9899 To visit the site, please contact: Signature: to schedule an appointment. Title: Date of Quote: THIS IS NOT AN ORDER Please quote on the following items. Quote price shall be stated in units requested and shall remain firm for sixty (60) calendar days. The County is exempt from Federal Excise (#59- 6000835) and Sales Tax (#66-02-017737-53C). DESCRIPTION BASE PRICE $ Demolition of structure and concrete slab at Stuart Mine Located @: Touzer Rd., North Ft. Pierce, FI RETURN THIS REQUEST AND All PAGES BY THE DUE DATE AND TIME ABOVE BY FACSIMilE, MAIL, OR DELIVER TO CONTACT PERSON AND ADDRESS/FACSIMILE NUMBER ABOVE. ANY ORDERS RESULTING FROM THIS REQUEST FOR QUOTATION WILL BE SUBJECT TO THE TERMS AND CONDITIONS CONTAINED IN THE CONTRACT OR PURCHASE ORDER. INSURANCE REQUIREMENTS: Commercial Liability $1,000,000 per occurrence, $2,000,000 per job aggregate; Automobile Liability $1,000,000; Worker's Compensation $500,000 SPECIFICATIONS The Contractor shall provide the following services to the County: Demolition shall include removal of structure and concrete slabs. Furnish asbestos survey; "" """ Site shall be rough graded Debris will be transported to a class 1-111 landfill. Dump fees and permit fees shall be included Contractor to send notification to D.E.P. 2 "'- ....,¡ St. Lucie County 2300 Virginia Ave. Ft. Pierce, FL 34982-5652 REQUEST FOR QUOTATION DUE DATE: Auaust 5,2002 @ 3:00PM BIDDER INFORMATION COUNTY CONTACT INFORMATION Company Name: Cushing Demolition Contact Person: Ruth Totton Address: 8210 8m Road North DepUDiv. Purchasing Address: Phone No. (772) 462-1738 City/State/Zip: West Palm Beach, FI 33411 Facsimile No. (772) 462-1704 Contact Person: Kim Ship To: N/A Phone No. (561) 793-6173 Ship Via: N/A Facsimile No. (561) 790-2297 To visit the site, please contact: Signature: to schedule an appointment. Title: Date of Quote: THIS IS NOT AN ORDER Please quote on the following items. Quote price shall be stated in units requested and shall remain firm for sixty (60) calendar days. The County is exempt from Federal Excise (#59- 6000835) and Sales Tax (#66-02-017737-53C). DESCRIPTION BASE PRICE $ Demolition of structure and concrete slab at Stuart Mine Located @ Touzer Road, North Fort Pierce, Florida RETURN THIS REQUEST AND ALL PAGES BY THE DUE DATE AND TIME ABOVE BY FACSIMilE, MAil, OR DELIVER TO CONTACT PERSON AND ADDRESS/FACSIMilE NUMBER ABOVE. ANY ORDERS RESULTING FROM THIS REQUEST FOR QUOTATION Will BE SUBJECT TO THE TERMS AND CONDITIONS CONTAINED IN THE CONTRACT OR PURCHASE ORDER. INSURANCE REQUIREMENTS: Commercial Liability $1,000,000 per occurrence, $2,000,000 per job aggregate; Automobile Liability $1,000,000; Worker's Compensation $500,000 SPECIFICATIONS The Contractor shall provide the following services to the County: Demolition shall include removal of structure and concrete slabs Furnish asbestos survey '-' ...., Site shall be rough grade Debris will be transported to a class I-III landfill Dump fees and permit fees shall be included Contract to send notification to D.E.P. 2 /' . '- AGENDA REQUEST ...J ITEM NO. Co 31:. DATE: August 27, 2002 REGULAR [ l PUBLIC HEARING [ ] CONSENT [Xl TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 .Þ.~~-~~ (Donald B. W st, P.E. County Engineer SUBJECT: Grant Application to St. Lucie River Issues Team for Harmony Heights Stormwater Improvement Project and Paradise Park Stormwater Improvement Project. BACKGROUND: The St. Lucie River Issues Team is planning to apply this year (2003) for another $1 0 million dollars from the State Legislature. Applications are currently being solicited from all municipalities and counties that discharge stormwater into the St. Lucie River and Indian River Lagoon Basins. Applications for grant funds require a 50% local match by the sponsor and must be received no later than September 5, 2002. Projects must be oriented towards water quality improvements and/or river restoration. The attached listing is a brief description ofthe projects and respective costs that are under consideration by County staff for submittal before September 5th. Fifty percent (50%) matching funds will be budgeted in October 2002 to qualify for grant consideration. Matching funds will be made available in the Stormwater Program (MSTU) Budget, in fiscal year 2003, in the following amounts: Harmony Heights Subdivision - $250,000 Paradise Park Subdivision - $250,000 FUNDS AVAIL.: n/a PREVIOUS ACTION: n/a RECOMMENDATION: Engineering staff recommends authorization for submittal of stormwater grant applications for Harmony Heights Stormwater Improvement Project and Paradise Park Stormwater Improvement Project to the St. Lucie River Issues Team. [x]County Attorney Ix]Originating Depl. Public Works ¡:' ¿ ../ [x]Finance ~ go,"" SCRIT." ~ ~rt-" J}/ gl COU coordinatiOnlSmture~6t [xlMgl. & Budget ') [Xlco.Eng~ COMMISSION ACTION: IJI APPROVED [ l DENIED tor OTHER: [x]RevenueCoord~ [lOther AUG20 .' .. 00 e::: w z o 00 ~ :E :E o U >- I- Z ::J o U l1. o e e::: < o III >- I- Z ::J o U W Ü ::J ...J ¡....: 00 I- Zz w< :E ...J I- 0.. e::: ...J < < 0..1- w_ eo.. 00< :::c::U e:::e::: 0< :¡:w u>- _w ...J> III- ::Jl1. 0.. 00 I- U W ..., o e::: 0.. 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LO co ..... ~.~ ~ N ~ ~ ~ ~ ~ ~ ~ ~ g M N C") C") C") ~~ ~ o It> It> aÕ en I{) r-: o o It> It> aÕ en It> r-: It> It> a> r:õ It> .... '" '" v v" v .... o '" N Ö .., .... ..,. .., M cD ~ It> .., '" aÕ v '" ~ o o o Ö o "'!. ~ It> M It> aÕ ..,. 00 N" o .... N cD V .., M ~ U W -, o 0:: Il. ..J g I- OJ .0 ~ ~ èÏÍ OJ ~ "'- 0:' >- rn ¡¡: 13 OJ 9 "'- 9 o 0: ~ :> g w " o ::J !9 l" AGENDA REQUEST ITEM NO ... C-3c DATE: ~gust 27,2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: . Scott Herring, Ma ger Road & Bridge Division SUBMITTED BY: PUBLIC WORKS DEPT-ROAD & BRIDGE DIV SUBJECT: Approval of the Joint Project Agreement (JPA) with the Florida Department of Transportation (FOOT) to enhance to operation of the County's computerized Traffic Signal System and the adoption of Resolution #02-209 authorizing the Chair to sign the JPA. BACKGROUND: St. Lucie County and the Florida Department of Transportation (FOOT) are desirous of providing the funding for increased resources to enhance the operation ofthe County's computerized Traffic Signal System. The FOOT will provide $50,000 per year for five (5) years subject to Legislative funding each year. No matching money required. These improvements are to be performed by the County. See attached memo for improvements. FUNDS AVAILABLE: Funds will be made available in 101215-4109-599330-400 - Project Reserve PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board adopt Resolution #02-209 authorizing the Chair to sign the Joint Project Agreement with FOOT approving of their funding for increased resources to enhance the operation of the County's computerized Traffic Signal System. COMMISSION ACTION: ~ APPROVED [ ] DENIED [ ] OTHER: IX]County Attorney [X]Originaling Dept. Public WOrkS# [X] Finance I-~ Coord inati onl5 ia natures [ ]Purchasing [ ]Road & Bridge (check for copy only, if applicable) \w ·WJI COMMISSION REVIEW: August 27, 2002 ROAD &. BRIDGE DIVISION MEMORANDUM FROM: BOARD OF COUNTY COMMISSIONERS ROAD & BRIDGE MANAGER,~ TRAFFIC OPERATIONS SUPERVISOR TO: VIA: DATE: AUGUST 27, 2002 SUBJECT: Joint Project Agreement (JPA) with the Florida Department of Transportation (FDOT) BACKGROUND: The FDOT will provide $50,000.00 per year for increased resources to enhance the operation of the County's computerized Traffic Signal System. This funding will allow the County to add technical staff, system operation and maintenance and various system improvements, including signal timing software and signal system hardware to enhance the operation of the St. Lucie County Computerized Traffic Signal System. These enhancements will specifically improve the areas of system timing plan development, implementation, and system communications network operations and maintenance. The funding shall provide for additional training for the St. Lucie County Traffic Division Staff. Upon completion of their installation the funding for system operation and maintenance shall be used for central computers, message signs, communications interconnect, school zone traffic control devices, and illuminated street name signs. RECOMMENDATION: Staff recommends the Board adopt Resolution #02-209 authorizing the Chair to sign the Joint Participation Agreement with FOOT approving of their funding for increased resources to enhance the operation of the County's computerized Traffic Signal System. agenda.req.02 '-' .I Contract No: FM No: 409730-1-58-01 FA No: NA Fund Code: DSIDDR Vendor No:.Yf: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND SAINT LUCIE COUNTY JOINT PARTICIPATION AGREEì\IENT THIS AGREEMENT, entered into this _ day of 2002, by and between the State of Florida Department of Transportation hereinafter called the DEPARTMENT, and Saint Lucie County, located at 2300 Virginia Avenue, Fort Pierce, Florida 34982, hereinafter called the COUNTY. \VlTNESSETH WHEREAS, the DEPARTMENT and the COUNTY are desirous of having the COUNTY make certain enhancements to the operation of the computerized traffic control signal system that monitors and controls traffic signals at intersections on the State Roadway System within the limits of the COUNTY; and, WHEREAS, The purpose of this AGREEMENT is to provide funding for increased resources to enhance the operation of the COUNTY's computerized traffic signal system, and as further described in Exhibit(s) "A" and "B" attached hereto and by this reference made a part hereof, hereinafter called the PROJECT; and, WHEREAS, the DEP ARTMENT is prepared to contribute funds toward implementing these enhancements to provide the following capabilities: >- Signal system timing plan development and implementation >- Signal system communications network operation and maintenar:ce >- Signal system software maintenance WHEREAS, the system operation enhancements are in the best interest of both the DEPARTMENT and the COUNTY and in this case, it would be more practical, expeditious, and economical for the COUNTY to perform such activities; and, WHEREAS, the COUNTY by Resolution , adopted on , 2002, a copy of which is attached hereto and made a part hereof, has authorized the COUNTY to enter into this AGREEMENT. NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the PROJECT, the parties agree to the following: 1. The recitals set forth above are true and correct and are deemed incorporated herein. 2. The COUNTY shall commence and complete the Project as described in Exhibit 'A' with all practical dispatch in a sound, economical, and efficient manner and in accordance with the provisions herein and all applicable laws. 1 '-' ..J 3. The COUNTY shall obtain any necessary pem1Íts to provide the improvements. 4. The DE? ARTMENT shall make available to the COUNTY upon request any design plans, standards, or specifications relevant to the COUNTY's enhancement activities. The COUNTY shall be responsible for verifying the accuracy of design plans as supplied by the DE? ARTMENT and shall revise them as necessary to reflect current conditions 5. The total estimated cost of the Project is T\VO HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00). This amount is based upon the estimate summarized in Exhibit 'B' . The COUNTY agrees to bear all expenses in excess of the total estimated cost of the Project. 6. The DEP AR TMENT agrees to a l'I'I.UI:\IUl\1 PARTICIPATION in the amount of $250,000.00 as detailed in Exhibit 'B' or in an amount equal to the percentage(s) of the total Project cost shown in Exhibit 'B', whichever is less. 7. Project costs eligible for DEPARTMENT participation will be allowed only from the date of this Agreement. It is understood that DEP ARTMENT participation in eligible Project costs is subject to: a) Legislative approval of the DEPARTMENT'S appropriation request in the Work Program year that the Project is scheduled to be committed. b) The understanding that disbursement of funds will be made in accordance with the cash forecast described in Exhibit B. c) Availability of funds. d) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement. e) DEP ARTMENT approval of the Project scope and budget (Exhibits 'A' and 'B') at the time appropriation authority becomes available. 8. Upon execution of the Agreement, a Project budget shall be prepared by the COUNTY and approved by the DEPARTMENT. The COUNTY shall maintain said budget, cany out the Project, and shall incur obligations against Project funds only in conformity with the latest approved budget for the Project. The budget may be revised periodically and, if revised, a copy of the revision shall be forwarded to the DEPARTMENT. No budget increase or decrease shall be effective unless it complies with the fund participation requirements established in this Agreement and is approved by the DEPARTMENT. 9. The COUNTY shall provide the DEPARTMENT with a time-phased schedule of the DEPARTMENT funds to be expended on the Project. This schedule shall show estimated disbursements for the entire term of the Project by quarter of fiscal year. The schedule maybe divided by Project phase where such division is determined to be appropriate by the DEPARTMENT. Any significant deviation from the approved schedule, as shown in Exhibit 'B' , requires the submission of a supplemental schedule by the COUNTY. 2 ~ ...." 10. The COUNTY shall establish for the Project, in confonnity with uniform requirements that may be established by DEP ARTMENT program guidelines/procedures and Generally Accepted Governmental Accounting Standards (GAGAS) to facilitate the administration of the financing program, separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the 'Project Account'. The Project Account shall be made available upon request by the DEPARTMENT at any time during the period of this Agreement and for a period of five years after the: final payment is made. 11. All costs charged to the Project, including any approved services contributed by the COUNTY or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the Project charges. 12. The COUNTY shall provide to the DEPARTMENT for each of its fiscal years for which the Project account remains open, an audit report prepared either by its official auditor or audit agency or an independent Certified Public Accountant, reflecting the use of the funds of the DEPARTMENT, the COUNTY, and those from any other source with respect to the Project. Audits shall be performed in accordance with Generally Accepted Government Auditing Standards contained in the Standards for Audit ofGovemmental Organizations. Programs, Activities and Functions, issued by the U.S. General Accounting Office and OMB Circulars A-128 or A-133 where applicable. The COUNTY shall require its auditors to include in their report a schedule of project assistance as described in Exhibit' A' , Special Considerations. 13. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 14. In determining the amount of any payment, the DEP ARTMENT will exclude all Project costs incurred by the COUNTY prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the Project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the DEPARTMENT. 15. Except as otherwise authorized in writing by the DEP AR TMENT, the COUNTY shall not execute any contract or obligate itself in anymannerrequiring the disbursement ofDEP ARTMENT funds, including consultant or construction contracts or amendments thereto, with any third party with respect to the Project without the written approval of the DEPARTMENT. Failure to obtain such approval shall be sufficient cause for nonpayment by the DEPARTMENT. The DEPARTMENT specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 3 '-" ""'" 16. It is understood and agreed by the parties hereto that participation by the DEPARTMENT in a Project with the COUNTY, where said Project involves a consultant contract for engineering, architecture or surveying services, is contingent on the COUNTY complying in full with provisions of Section 287.055, Florida Statutes, Consultant's Competitive Negotiation Act. At the discretion of the DEPARTMENT, the COUNTY will involve the DEPARTMENT in the Consultant Selection Process for this Project. In all cases, the County's Attorney shall certify to the DEP ARTMENT that selection has been accomplished in compliance with the Consultant's Competitive Negotiation Act. 17. The COlJNTY agrees that the Project facilities and equipment will be used by the COUNTY to provide and/or support enhancements to the operation ofthe computerized traffic signal system for the period of the useful life of such facilities and equipment as determined in accordance with general accounting pr.inciples and approved by the DEP ARTMENT. The COUNTY further agrees to maintain the Project facilities and equipment in good working order for the useful life of said facilities or equipment. 18. The COUNTY agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the COUNTY, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. 19. The DEPARTMENT shall have ten (10) working days to review any invoice submitted by the COUNTY and advise COUNTY of whether the invoice will be processed for payment. PROJECT costs eligible for DEP ARTMENT participation will be allowed only from the date of final execution of the Agreement. Travel expenses are not authorized in this AGREEMENT. The COUNTY shall submit invoices for fees and other compensation for services or expenses in detail sufficient for a proper pre- audit and post-audit thereof. The invoice shall be submitted to the State of Florida, Department of Transportation, at 3400 West Commercial Boulevard, Fort Lauderdale, Florida 33309. Attention; Marilda Hoover. 20. This AGREEMENT and any interest herein shall not be assigned, transferred or otherwise encumbered by the COUNTY under any circumstances without the prior written consent of the DEPARTMENT. However, this AGREEMENT shall run to the DEPARTMENT and its successors. 21. Except as otherwise set forth herein, this AGREEMENT shall continue in effect and be binding to both the COUNTY and the DEPARTMENT until June 3D, 2007. 22. The DEPARTMENT shall make payment by state warrant, payable to "St. Lucie County" and forward it to 2300 Virginia Avenue, Fort Pierce, Florida 34982, Attention: Scott Herring. 4 \... ""'" 23. The DEP ARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money maybe paid on such contract. The DEPARTMENT shall require a statement from the comptra!ler of the DEP ARTMENT that funds are available prior to entering into any such contract or other binding commitment offunds. Nothing herein contained shall prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts ofthe DEPARTMENT which are for an amount in excess of $25,000 and which have a term for a period of more than one (1) year. 24. Records of costs incurred under the terms of this AGREEMENT shall be maintained and made available upon request to the DEP ARTMENT at all times during the period ofthis AGREEMENT and for five years after final payment is made. Copies of these documents and records shall be furnished to the DEPARTMENT upon request. Records of costs incurred include the Contractor's general accounting records and the project records, together with supporting documents and records of the contractor and subcontractors performing \vork on the project, and all other records of the Contractor and subcontractors considered necessary by the DEPARTMENT for the proper audit of costs. 25. The DEP ARTMENT may cancel this AGREEMENT for refusal ofthe COUNTY to allow public access to all documents, paper, letters or other material subject to the provisions of Chapter 119 ofthe Florida Statutes, made or reviewed by the COUNTY in conjunction with this AGREEMENT and shall make provisions in its AGREEMENTS with its consultants and subconsultants to terminate for failure to comply with this provision. 26. The COUNTY warrants that it has not employed or obtained any company or person, other than bona fide employees ofthe COUNTY, to solicit or secure this AGREEMENT, and it has not paid or agreed to pay any company, corporation, individual or firm, other than a bona fide employee employed by the COUNTY. For breach or violation of this provision, the DEPARTMENT shall have the right to terminate the AGREEMENT without liability. 27. To the extent allowed by the Laws of Florida, the COUNTY hereby agrees to indemnify, defend, save, and hold harmless the DEPARTMENT from all claims, demands, liabilities, and suits of any nature arising out of, because of or due to any intentional and/or negligent act or occurrence, omission, or commission of the COUNTY, its agents, or employees. It is specifically understood and agreed that this indemnification clause does not cover or indemnify the DEPARTMENT for its own negligence. 5 \.,.. J 28. This AGREEMENT is governed by and construed in accordance with the laws of the State of Florida. 29. Section 215.422(5), Florida Statutes, requires the DEPARTMENT to include a statement of vendor rights in this AGREEI\ŒNT. The COUNTY is hereby advised of the following, time frames. Upon receipt, the DEPARTMENT h~s ten (10) days to inspect the goods and services provided by the COUNTY. The DEPARTMENT has twenty (20) days to deliver a request for payment to the Department of Banking and Finance. The twenty days are from the latter of the date the invoice is received or the goods and services are received, inspected and approved by the DEP ARTMENT. If payment is not available within forty (40) days a separate interest penalty at a rate as established pursuant to Section 21 5.422(b), Florida Statutes, wiIl be due and payable in addition to the invoice amount, to the COUNTY. Interest payments of less than one (1) dollar will not be enforced unless the contractor requests payment. Invoices which have to be returned to the COUNTY because of invoice preparation errors will result in a delay in the payment. The invoice payment requirements do not begin until a properly completed invoice is provided to the DEPARTMENT. A Vendor Ombudsman has been established with the Department of Banking and Finance. The duties of this individual include acting as an advocate of the COUNTY in the event that the COUNTY maybe experiencing problem in obtaining timely payments from the DEPARTMENT. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the State Comptroller's Hotline (1-800- 848-3792). 30. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable-to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings conceming the subject matter of this agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment, or alteration in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 31. The DEPARTMENT agrees to pay the COUNTY for the services herein described at a compensation as detailed in this AGREEMENT. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the State Comptroller under Section 215.422(14), Florida Statutes. 6 '-'" J 32. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform wor-k as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess ofthe threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 6 months from the date of being placed on the convicted vendor list. 33. The DEPARTMENT's obligation to pay under this section is contingent upon an annual appropriation by the Florida Legislature. 34. Any or all notices (except invoices) given or required under this Agreement shall be in \vriting and either personally delivered with receipt acknowledged or sent by certified mail, return receipt requested. All notices delivered shall be sent to the following address: If to the DEPARTMENT: Florida Department of Transportation - District Four 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309-3421 Attn: Lizz Holmes, Procurement Supervisor With a copy to: Marilda Hoover, Project Manager A second copy to: District General Counsel If to the COUNTY: SAINT LUCIE COUNTY 2300 Virginia Avenue Fort Pierce, Florida 34982 Attn: Scott Herring, P .E., County Traffic Engineer With a copy to: County Attomey ***** 7 \... ..." IN WITNESS WHEREOF, the COUNTY has caused this Joint Participation Agreement to be executed in its behalf this _ Day of ,2002, by the COUNTY Commission, authorized to enter into and execute same by Resolution No. , and the DEPARTMENT has executed this Agreement through its Director of Administration for District Four Florida Department of Transportation, this Day of ,2002. SAINT LUCIE COUNTY STATE OF FLORIDA DEPARTMENT OF TR.\NSPORTATION BY: Chair BY: District Director of Administration ATTEST: ATTEST: COUNTY CLERK (SEAL) Executive Secretary (SEAL) APPROVED: APPROVED: Professional Services Administrator BY: COUNTY Attorney APPROVED: (As to Form) BY: District Legal Counsel 8 \..... -' Contract No: FM No: 409730-1-58-01 FA No: NA Fund Code: DSIDDR YendorNo: YF- EXHIBIT 'A' PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of the Joint Participation Agreement (JPA) between the State of Florida Department of Transportation and Saint Lucie County, Board of City Commissioners dated ,2002. PROJECT LOCATION: SAINT LUCIE COUNTY PROJECT DESCRIPTION: This project adds funding for technical staff, system operation and maintenance and various system improvements, including signal timing software and signal system hardware to enhance the operation of the Saint Lucie County Computerized Traffic Signal System. These enhancements will specifically improve the areas of system timing plan development, implementation, and system communications network operations and maintenance. Under this Joint Participation Agreement, funding shall be provided for training for the Saint Lucie County Traffic Division Staff. The training will permit enhanced system operation and maintenance. The training will improve the ability of staff to develop signal timing plans and maintain signal system operation. The Department shall approve in advance any staff training. The funding for system operation and maintenance shall be used to obtain, install and maintain system and communication hardware needed to optimize the operational efficiency of the existing closed loop signal system. Reimbursable items include but are not limited to payment of related telephone company service charges, locate services, and system component (modem, cable, etc.) upgrades. Before purchase by the County, the Department shall review and approve all proposed hardware to be purchased through this project. This Joint Participation Agreement also provides funding for traffic signal system improvements, which includes, but is not limited to, signal timing software that will enable the staffto develop signal timing plans. Priority will be given to the development and implementation of system timing plans for intersections on the State Highway System. Every quarter the County shall submit a listing to the Department of corridors on the State Highway System for which timing plans or other improvements will be made through this IP A. The County shall obtain prior written approval from the Department for any system related software and/or software licensing. A-I "- wi Additional activities that are eligible for participation under this JP A include: · Inventory system control of equipment and veri fication of operational effectiveness. This includes all system components such as cabinet assemblies, zone masters, modems and related communications components and facilities, and detection devices. · Evaluation of available software to enhance the system's operational efficiency. · Cataloging and evaluation of system malfunctions to determine cause and, if necessary, establish policy for future expansions or enhancements to the system. · Empirical testing and monitoring of system communications capabilities and facilities. SPECIAL CONSIDERATIONS BY COUNTY: Audits: Any audit reports required by the JP A shaH include a schedule of project assistance that will reflect the Department's contract number, FM number, and state funding actions (receipt and disbursement offunds) with respect to the project. The audit should also report any funding actions from sources other than the State, where applicable. Technical Work: The County shall obtain prior written approval of any signal system field, communication or central site hardware/software enhancement or modification from the Department. The County shall provide a detailed description of each enhancement and any associated licensing agreement. Progress Report: The County shall prepare quarterly progress reports for submission to the Department along with its request for reimbursement. These reports shall be presented in a format which is acceptable to the Department and shall identify the progress of technical work, as described herein, undertaken, the work products produced, and key events. INVOICING: To obtain reimbursement for services under this JPA, the County shall: 1. Submit its quarterly progress report along with the invoice. 2. Include substantiation (supporting documents) of the County's request for payment. Supporting documentation willinc1ude copies of employee time sheets and payroll information, invoices for purchases, etc. Expenses will be reimbursed according to the cash flow projection described in Exhibit B. A-2 '- ..." Contract No: FM No: 409730-1-58-01 FA No: NA Fund Code: DSIDDR Vendor No: VF- EXHIBIT 'B' PROJE"CT COST A~D CASH FLOW PROJECTION This exhibit is an integral part of the Joint Participation Agreement between the State of Florida Department of Transportation and Saint Lucie County, Board of County Commissioners dated .2002. ESTIMATED PROJECT COST AND CASH FLOW: The following cash flow projection is expected for the Project ($ x 1000) and contingent upon Legislative Budget approval each Fiscal Year. Fiscal Year 1 st Qtr. 2nd Qtr. 3rd Qtr. 4 th Qtr. FY Total 02/03 12.5 12.5 12.5 12.5 50 03/04 12.5 12.5 12.5 12.5 50 04/05 12.5 12.5 12.5 12.5 50 05/06 12.5 12.5 12.5 12.5 50 06/07 12.5 12.5 12.5 12.5 50 B-1 ..... ...", 1. This Board does hereby authorize and approve execution of the Traffic Signal Maintenance and Compensation Agreement with the Florida Department of Transportation to reimburse the County for maintenance and continuous operation of traffic signals and signal systems on the State Highway System. 2. The Chairman of the Board of County Commissioners and the Clerk are hereby authorized to execute the Traffic Signal Maintenance and Compensation Agreement approved by this resolution; and further, the County Attorney is hereby authorized to execute the agreement by approving it as to form and correctness. After motion and second the vote on this resolution was as follows: Chairman Doug Coward Vice Chairman Cliff Barnes Commissioner John Bruhn Commissioner Paula A. Lewis Commissioner Frannie Hutchinson PASSED AND DULY ADOPTED this 27th day of August, 2002. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY '-' AGENDA REQUEST ITEM t:«I. C-3d DATE: August 27,2002 REGULAR [ ] PUBLIC HEARING [ 1 CONSENT [Xl TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PUBLIC WORKS DEPT-ROAO & BRIDGE OIV SUBJECT: Approval of Resolution #02-211 and Traffic Signal Maintenance and Compensation Agreement between Florida Department of Transportation (FOOT) and St. Lucie County (County). BACKGROUND: FOOT will reimburse the Maintaining Agency (County) for the maintenance and continuous operation of traffic signals, traffic signal systems, school zone traffic control devices, intersection flashing beacons, illuminated street name signs and the payment of electrical charges incurred in connection with the operation of such traffic signals and signal systems on the State Highway System as listed in Exhibit "A" (attached). FUNDS AVAILABLE: 101-4109-369930-400 - Reimbursements PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval Resolution #02-211 authorizing the Chair to sign the Traffic Signal Maintenance and Compensation Agreement with FDOT for reimbursement for the maintenance and operation of traffic signals or signal systems on the State Highway System at locations listed in Exhibit "A". COMMISSION ACTION: ~ APPROVED [ 1 DENIED [ 1 OTHER: E: ou I M. Anderson County Administrator / [X]County Attorney ~ [X10riginating Dept. Public Works I1hB Coordi nation/Signatures [X]Mgt. & Budget ~'h/f; iØ'11l~~ [X] Purchasing ,,£-- [ lCo. Eng. ~'-li\ . [Xl Road & Bridge ( [ ] Finance (check for copy only, if applicable) ~, '-' """" RESOLUTION NO. 02-211 A RESOLUTION AUTHORIZING AND APPROVING EXECUTION OF TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT BETWEEN FLORIDA DEPARTMENT OF TRANSPORTATION AND ST. LUCIE COUNTY FOR REIMBURSEMENT OF THE OPERATION OF TRAFFIC SIGNALS AND SIGNAL SYSTEMS ON THE STATE HIGHWAY SYSTEM BY THE ST. LUCIE COUNTY BOA R D 0 F C 0 U N T Y COMMISSIONERS; AND AUTHORIZING THE CHAIRMAN 0 F THE ST. LUCIE COUNTY BOARD 0 F COUNTY COMMISSIONERS T 0 EXECUTE THE AGREEMENT; FURTHER AUTHORIZING THE COUNTY ATTORNEY TOE X E CUT E THE AGREEMENT B Y APPROVING I T AS T 0 FOR M AND CORRECTNESS. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Department and the County are desirous of having the County reimbursed for the maintenance and continuous operation of traffic signals, traffic signal systems, school zone traffic control devices, intersection flashing beacons, illuminated street name signs and the payment of electrical charges incurred in connection with the operation of such traffic signal systems on the State Highway System. 2. This Board should authorize and approve execution of the Traffic Signal Maintenance and Compensation Agreement with Florida Department of Transportation to provide reimbursement for the maintenance and continuous operation of traffic signals and signal systems on the State Highway System. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County Florida: '-' WJI 1. This Board does hereby authorize and approve execution of the Traffic Signal Maintenance and Compensation Agreement with the Florida Department of Transportation to reimburse the County for maintenance and continuous operation of traffic signals and signal systems on the State Highway System. 2. The Chairman of the Board of County Commissioners and the Clerk are hereby authorized to execute the Traffic Signal Maintenance and Compensation Agreement approved by this resolution; and further, the County Attorney is hereby authorized to execute the agreement by approving it as to form and correctness. After motion and second the vote on this resolution was as follows: Chairman Doug Coward Vice Chairman Cliff Barnes Commissioner John Bruhn Commissioner Paula A. Lewis Commissioner Frannie Hutchinson PASSED AND DULY ADOPTED this 27th day of August, 2002. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY '-' -....I 750·01D-22 TRAFFIC OPERJ\TIONS 06102 PSJ:le 1 of 5 CONTRACT NO FINANCIAL PROJECT NO. FEW. NO. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT THIS AGREEMENT, made and entered into this _ day of ._, by and between the Florida Department of Transportation, an agency of the State of Florida, herein called the "Department", and Florida, herein called the "Maintaining Agency". WITNESSETH: WHEREAS, the Maintaining Agency has the authority to enter into this Agreement and to undertake the maintenance and operation of traffic signals or signal systems on the State Highway System, and the Dep¡¡rtment is authorized under Sections 334.044 and 335.055, Florida Statutes. to enter into this Agreement: and WHEREAS, the Maintaininq Aqency has authorized its undersiqned representative to enter into and execute this Aqreement. NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein to be undertaken by the respective parties hereto, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties mutually agree and covenant as follows: 1. The Maintaining Agency shall be responsible for the maintenance and continuous operation of the traffic signals. traffic signal systems (central computer, cameras, message signs, and communications interconnect), school zone traffic control devices, intersection flashing beacons, illuminated street name signs, and the payment of electricity and electrical charges incurred in connection with operation of such traffic signals and signal systems upon completion of their installation. The Department agrees to pay to the Maintaining Agency, an annual compensation based on Department's fiscal year for the cost of the maintenance and continuous operation of full traffic signal locations as identified in Exhibit A. Flashing beacons, emergency signals, and school zone signals are not included. Payments will be made in accordance with Exhibit B. Should the Maintaining Agency withdraw from the compensation portion of this Agreement. the Maintaining Agency will still be responsible for the maintenance and continuous operation of the above items. In the case of construction contracts, the Maintaining Agency shall be responSible for the payment of electricity and electrical charges incurred in connection with the operation of the traffic signals and signal systems, and shall undertake the maintenance and continuous operation of said traffic signals and signal systems upon final acceptance of the installation by the Department. Repair or replacement and other responsibilities of the installation contractor and the Department, during construction, are contained in the Department's Standard Specifications for Road and Bridge Construction. 2. The Maintaining Agency shall maintain and operate the traffic signals and signal systems in a manner that will ensure safe and efficient movement of highway traffic and that is consistent with maintenance practices prescribed by the International Municipal Signal Association (1M SA) and operational requirements of the Manual on Uniform Traffic Control Devices (MUTCD), as amended. The Maintaining Agency's maintenance responsibilities shall include, but not be limited to, preventive maintenance (periodic inspection, service and routine repairs), and emergency maintenance (trouble shooting in the event of equipment malfunction. failure, or damage). The Maintaining Agency shall record its maintenance activities in a traffic signal maintenance log. 3. The Maintaining Agency may remove any component of the installed equipment for repair; however. it shall not make any permanent modifications and/or equipment replacements unless the equipment provided is capable of performing at minimum the same functions. The Department shall not make any modifications and/or equipment replacements without prior written notice 10 the Maintaining Agency. 4. The Maintaining Agency shall set and maintain the timing and phasing of the traffic signals in accordance with the Department's timing and phasing plans, specifications, or special provisions. The Maintaining Agency shall obtain prior written approval from the Department for any modification in phasing of signals and signal systems to accommodate changing needs of traffic. The Maintaining Agency may make changes in the signal liming provided these changes are made under the direction of a qualified Professional Engineer and be contingent upon an engineering report or documentation of engineering judgment prepared by, or for, the Maintaining Agency in accordance with Section 1A.09, Engineering Study and Engineering Judgment, of the MUTeD, recommending such changes and signed and sealed by a qualified Professional Engineer registered in the State of Florida. The Maintaining Agency shall send a signed/sealed copy of the timings to the Department immediately after installation. The Department reserves the right to examine equipment. timing and phasing at any time and, alter consultation with the Maintaining Agency, may specify modifications. If the Department specifies modification in timing and/or phasing. implementation of such modifications shall be coordinated with, or made by, the Maintaining Agency. 5. The Maintaining Agency shall note in the maintenance log any time/phasing changes and keep a copy of the timings and any approval documentation in a file. '-" vJ 750-010·22 TRAFFIC OPERATIONS 06102 Page20f5 6. The Maintaining Agency and the Department shall develop the Exhibit A which by this reference is made a part of this Agreement as though fully set forth herein, Exhibit A shall contain all existing traffic signals on the State Highway System, applicable to the jurisdiction of the Maintaining Entity, those that are maintained by the Maintaining Agency and those that are not included for compensation. No changes or modifications will be made to Exhibit A during the year for compensation. New signals added by the Department during the fiscal year shall be maintained and operated by the Maintaining Agency upon final acceptance as stated in paragraph 1. The Maintaining Agency and the Department, preceding each fiscal year, shall develop and execute a new Exhibit A. which shall include all new Department signals added during the previous fiscal year and delete those removed. The Maintaining Agency shall begin receiving compensation for new Department's signals in the next fiscal year. In the event that no change has been made to the previous year's Exhibit A, a statement to this effect should be included. The annual compensation will be a lump sum payment detailed in Exhibit B. Future payments will be based on the information provided in Exhibit A, in accordance With the provisions as detailed in Exhibit B, attached and made a part hereof, a) Payment shall be made only after receipt and approval of service. b) Payment shall be made in accordance with Section 215.422, Florida Statutes. c) 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) Record of costs incurred under terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for three (3) years after final payment for the work pursuant to this Agreement is made, Copies of these documents and records shall be furnished to the Department upon request. Record of costs incurred include the Maintaining Agency-s general accounting records, together with supporting documents and records of the Maintaining Agency and all subcontractors performing work, and all other records of the Maintaining Agency and subcontractors considered necessary by the Department for proper audit of costs, 7, Maintaining Agency providing goods and services to the Department should be aware of the following lime frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services. unless the Agreement specifies otherwise. The Department has twenty (20) days to deliver a request for payment (voucher) to the Department of Banking and Finance. The twenty (20) days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. 8, If a payment is not available within forty (40) days. a separate interest penalty at a rate as established pursuant to Section 215.422, Florida Statutes, shall be due and payable, in additional to the invoice amount, to the Maintaining Agency, Interest penalties of less than one (1) dollar shall not be enforced unless the Maintaining Agency requests payment. Invoices returned to a Maintaining Agency because of Maintaining Agency preparation errors shall result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. 9, A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for contractors/vendors who may be experiencing problems In obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the State Comptroller-s Hotline, 1-800-848-3792. 10. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide an~ 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 ieases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. 11. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may nol submit a bid on a contract to provide any goods or services to a public entily, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity. may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided In Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being piaced on the convicted vendor list. 12. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of lhis Agreement. 13. The State of Florida's performance and obliç¡ation to pay under this Aç¡reement is contlnç¡ent upon an annual appropriation by the Legislature. In the event this Agreement is in excess of $25.000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a). Florida Statutes, are hereby incorporated: (a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract wtlich. by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year, Any contract, verbal or written. made in violation of this subsection shall be null and void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds, Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than one year, '-' -.I 750-010-27 TRAFFIC OPERA TlONS 06102 Page 3 of 5 14. The Maintaining Agency may be subject to inspections of traffic signals and traffic signal systems by the Department. Such findings will be shared with the Maintaining Agency and shall be the basis of all decisions regarding payment reduction, reworking, Agreement termination, or renewal. If at any time the Maintaining Agency has not performed the maintenance responsibility on the locations specified in the Exhibit A, the Department shall have the option of (a) notifying the Maintaining Agency of the deficiency with a requirement that it be corrected within a specified time, otherwise the Department shall deduct payment for any deficient traffic signal(s) maintenance not corrected at the end of such time, or (b) take whatever action is deemed appropriate by the Department. Any suspension or termination of funds does not relieve any obligation of the Maintaining Agency under the terms and conditions of this Aqreement. 15. The Maintaining Agency may enter into agreements with other parties pertaining to traffic signals and signal systems including, but not limited to, agreements relating to costs and expenses incurred in connection with the operation of traffic signals and signal systems on the State Highway System, provided that such Agreements are consistent with the mutual covenants contained in this Agreement. The Maintaining Agency shall furnish a copy of such agreements to the Department. 16. This Agreement may not be assigned or transferred by the Maintaining Agency in whole or in part without consent of the Department. 17. The Maintaining Agency shall allow public access to all documents, papers, letters, or other material subject to provisions of 119, Florida Statutes. and made or received by the Maintaining Agency in conjunction with this Agreement. Failure by the Maintaining Agency to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the Department. 18. Tile Maintaining Agency, to the extent allowed by Section 768.28. Florida Statutes. shall indemnify, defend. save and hold harmless, the State, the Department, any joint pole owner and all of their officers, agents and employees from all suits, actions, claims, demands, and liabilities of any nature whatsoever arising out of, because of, or due to breach of, this Agreement by the Maintaining Agency, its subcontractors, agents or employees or due to any act or occurrence of omission or commission of the Maintaining Agency, its subcontractors, agents or employees. The parties agree that this paragraph shall not waive sovereign immunity of the State of Florida, nor waive the benefits or provisions of Sections 768.28 and 335.055, Florida Statutes, or any similar provision of law. 19. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The invalidity or unenforceability of any portion of this Agreement shall not affect the remaining provisions and portions hereof. Any failure to enforce or election on the part of the Department to not enforce any provision of this Agreement shall not constitute a waiver of any rights of the Department to enforce its remedies hereunder or at law or in equity. 20. This Agreement shall remain in force during the life of the original installed equipment and/or the life of any replacement equipment installed with the mutual consent of the parties hereto. 21. Upon execution. this Agreement cancels and supersedes any and all prior Traffic Signal Maintenance Agreement(s) between the parties. 22. This Agreement contains all the terms and conditions agreed upon by the parties. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. , Florida STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (Maintaining Agency) By: By: (Authorized Signature) (Authorized Signature) Print/Type Name: PrintlType Name: Title: Title: Attest: Attest: (Seal if Applicable) REVIEWED: Attorney Date ...... .."" C·03/96 Page" of2 EXHIBIT A TRAFFIC SIGNAL INTERSECTIONS MAINTAINED AND OPERATED FOR FY 02-03 -V;¥~:~\I?'-"""'<;("'''i;ri:C!''7¡f.-.f:'m'''i'~~'' ..ri"·"'."<:"'~·:;¡·'''''''';: :!~;"..J~", "~\i"':i".'Wn:'~'i" -'- _.,~- .' ,_._,_' " , . "'~" !_. " ".,,,,_,.oj;~'" ,~1 ,li-' ,·~·,,~t.r:~N)1i?#I'if;J~:~Îtl'i.:,~:!~~::o~k~;:~"'¡j.i;~-o!:~·f;~ä:.:t~é',;¡l:;'(,.·1'·,'~-1i~.£l'; .¡.:...~-~",,. '''':Wi'::',- ",' '~,-:; -,' '," ',. ',' "'-"'. "i--".', "., .i< '~"', ' ,.-- l"-T;:..~~¡:~t¡'''~'.2I~:;i:,:~'fl1i",";~ii~t~~~;',',öæ:ii.f~;i:~;¡¿~'"..l'~ Compensation Intersection Locations (Yes or No) 75, Total Amount (Unit Rate x Percent) MIDWAY RD @ U.S. I YES $518 50 259 25TH STREET@EDWARDS RD. TURNPIKE WINTERGARDEN@FEEDER RD. 25 129.50 50 259 ORANGE AV@ KINGS HWY. 75 388.50 ANGLE RD @ KINGS HWY. 50 259 ST.LUCIE BLVD.@ U.S. I INDRI0 RD.@ KINGS HWY. 75 388.50 75 388.50 KINGS HWY. @ U.S. 100 518 ATLANTIC BCH.@A-I-A 50 259 OLD DIXIE HWY@ A-I-A 50 259 N. A- I-A @ U. S. I 75 388.50 ST.LUCIE @ N. 25TH ST. 75 388.50 HARTMAN RD.@ ORANGE AV. U.S. I @ N. 25TH STREET 67 100 50 347.06 518 RIO ~\R DR. @ U.S. I 259 SPANISH LAKES @ U.S. 1 50 259 SAVANNA CLUB @ U.S. I 50 259 Total Lump Sum $ See Page Two I certify that the above traffic signals were maintained and operated in accordance with the requirements of the Master Traffic Signal Maintenance and Compensation Agreement. For satisfactory completion of all services detailed in this Agreement for this time period, the Department will pay the Maintaining agency a Total Lump Sum of $ Maintaining Agency Date District Traffic operations Engineer Date \wo .....I C - 03i96 Page '. ofZ EXHIBIT A TRAFFIC SIGNAL INTERSECTIONS MAINTAINED AND OPERATED FOR FY 02-03 ~~l :-··~F~~'~~~:'e "i'i::1£r.r~~D'~'l~~·'\¡¿;,=;:r;7~:7J~~;~~;'^7;ir~7"~7J:'IIT{"T"'f'!':;W;:- ':lt~:~~~~i~~.,:t.~ '~~~1\~~~I~!J}i~:?Z~!;~t~~:~-):f~·~t~~:~:~¡i~i~~~:~~{;~M~3:1t:i 06/30/03 Intersection Locations Compensation (Yes or No) Percent of State Approaches (Ex. 25, 33, 50, or 100) 75, Total Amount (Unit Rate x Percent) JUANITA AV. @ N. 25TH EASY ST. @ U.S. I 50 50 259 259 KITTERMAN @ U.S. I 50 259 PRIMA VISTA @ U.S. 50 259 Total Lump Sum $ 6,563.06 I certify that the above traffic signals were maintained and operated in accordance with the requirements of the Master Traffic Signal Maintenance and Compensation Agreement. For satisfactory completion of all services detailed in this Agreement for this time period, the Department will pay the Maintaining agency a Total Lump Sum of $ Maintaining Agency Date District Traffic Operations Engineer Date -..... 'WIll 750-010·;22 TRAFFIC OPERATIONS 06102 PagEl 5 of 5 EXHIBIT B TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT 1.0 PURPOSE This exhibit defines the method and limits of compensation to be made to the Maintaining Agency for the services described in this Agreement and in Exhibit A and Method by which payments will be made. 2.0 COMPENSATION For the satisfactory completion of all services detailed in this Agreement and Exhibit A of this Agreement, the Department will pay the Maintaining Agency the Total Lump Sum in Exhibit A. The Maintaining Agency will receive one lump sum payment at the end of each fiscal year for satisfactory completion of service. Total Lump Sum Amount for each Fiscal Year is calculated by adding all of the individual intersection amounts. The individual intersection amounts are calculated by taking the FY Unit Rate times the Percent of State Road Approaches to Total Approaches. Example: For a intersection with 4 approaches with 2 approaches (50%)being state roads, the intersection amount will be: $518 x (2/4)= $259 Unit Rates per 100% State Intersections FY 02-03 03-04 04-05 05-06 06-07 $ 518 $1,599 $2,196 $2,262 $2,330 Beginning FY 07-08, the Unit Rate for each fiscal year will be 3% more than the Unit Rate for the previous fiscal year, unless otherwise specified in an amendment to this Agreement. 3.0 PAYMENT PROCESSING The Maintaining Agency shall invoice the Department yearly in a format acceptable to the Department. '-'" l....iJI NO. C -3 £. DATE: Auaust 27. 2002 AGENDA REQUEST REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (XX) SUBMITTED BY (DEPT): Public Works Dept./Solid Waste Division TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Request Board approve the Florida Department of Environmental Protection Waste Tire Grant Agreement for Fiscal Year 2002·2003 in the amount of $28,613, and authorize the Chairman to sign the Agreement and quarterly reimbursement requests. BACKGROUND: Board approved the Application for the Florida Department of Environmental Protection Waste Tire Grant on June 25, 2002. FUNDS AVAILABLE: N/A PREVIOUS ACTION: The Board has approved the Grant Agreements with FDEP for waste tire for eleven (11) previous years. RECOMMENDATION: Staff recommends the Board approve the Florida Department of Environmental Protection Waste Tire Grant Agreement for Fiscal Year 2002-2003 in the amount of $28,613, and authorize the Chairman to sign the Agreement and quarterly reimbursement requests. .~APPROVED o OTHER: o DENIED COMMISSION ACTION: I!I County Attorney: Review and Approvals PI Management and Budget: ~ 0 Purchasing: ŒI Other: (Landfill) o Other: ISi3 Finance: Check for copy onl , if applicable: '-' Department of Environmental Protection Twin Towers Office Building 2600 Blair Stone Road Tallahassee, Florida 32399-2400 Jeb Bush Governor WASTE TIRE APPROVED 2002-2003 GRANT AGREEMENT FOR STATE ASSISTANCE ONDER SECTION 403.7095, FLORIDA STATUTES PART I - GRANT NOTIFICATION INFORMATION 1. Grant Number: WT356 2. Date of Award: July 1, 2002 3. Grant Title: WASTE TIRE SOLID WASTE GRANT 4. Grant Period: October 1, 2002 -. September 30, 2003 5. Grant Amount: $ 28,613.00 6. CSFA #: 37015 7. Grantee(s) : ST. LUCIE COUNTY Address: 2700 Virginia Avenue Ft. Pierce, FLorida, 34981 8. Grantee Fiscal Year: 2002/2003 9. Federal Employer Identification Number: 59-6000835 10. Authorized Representative: Name: Title: Douglas Coward Chairman, Board of County Commissioners Phone: (772) 462-1631 11. Contact Person: Name: Address: Ron Roberts 2700 Virginia Avenue Ft. Pierce, FLorida, 34981 Phone: (772) 462-1631 12. Total county population from official April 1, 2001 Population Estimates: 198,253 13. Issuing Office: Florida Department of Environmental Protection Bureau of Solid and Hazardous Waste - MS#4565 2600 Blair Stone Road Tallahassee, Florida 32399-2400 (850) 488-0300 "More Protect/on. Less Process" Printed on recycled paper. David B. Scruhs Secretary '-'- .",J PART rr - GRANT CONDrTrONS A. GENERAL CONDITIONS: 1. The method of payment, for the period October 1, 2002 through September 30, 2003, will be on a reimbursement basis for direct cost only. 2. The grantee shall elect to submit reimbursement requests on either a monthly or quarterly basis. The method chosen shall be followed for the entire grant period. An original of the reimbursement request, with summaries and appropriate contracts attached, shall be due on the last day of the m~nth following the end of the reporting period (monthly or quarterly). Each reimbursement request shall be submitted in detail sufficient for pre-audit and post-audit review. ~ 3. Grant funds may be expended through September 30, 2003. A final reimbursement request must be submitted no later than October 31, 2003. 4. Reimbursement requests must be signed by the designated Authorized Representative. This should be the same person who signed the grant agreement. If there is a change in the authorized representative during the grant period, the Department must be notified of the new representative by resolution or minutes of a commission meeting. The Department will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. This information when requested must be provided within 30 calendar days of such request. The Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). All bills for amounts due under this agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. State guidelines for allowable costs can be found in the State Comptroller's Voucher Processing Handbook at (http://www.dbf.state.fl.us/aadir/mainindex.html) . 5. Expenditures shall be limited to allowable items as listed in Section 62-716.620 of the Solid Waste Grants Program Rule: (al Construct or operate, or contract for the construction or operation of, a waste tire processing facility and equipment purchases therefore; (b) Contract for a waste tire processing facility service within or outside the county or state; (c) Remove or contract for the removal of waste tires from the county, region, or state; (d) ~ '-- .."J (e) Perform or contract for the performance of research designed to facilitate waste tire recycling and to operate waste tire recycling and waste tire education programs. Establish waste tire collection centers at solid waste disposal facilities or waste tire processing facilities; Provide incentives for establishing or expanding privately operated waste tire collection centers for the public; In addition to the use specified in paragraph (c), abate and provide mosquito control relating to waste tire sites, or other tire piles, and other waste debris sites in the county identified by local mosquito control agencies as mosquito breeding areas; Perform, or contract for the performance of, enforcement and prevention activities to prevent the illegal transportation and disposal of waste tires and other solid waste; Purchase materials and products made from waste tires that are collected and recycled within this state; Counties with populations less than 100,000 may use waste tire grants for any purpose related to solid waste management. (f) (g) (h) (i) (j) 6. Up to five percent of a county's grant for fiscal year 2001-02 may be used for administrative costs and planning or research studies to assess the feasibility of eligible projects within a county, or to assess the feasibility of establishing a regional waste tire program. 7. Each recipient of grant funds shall maintain accurate records of all expenditures of grant funds and shall assure that these records are available at all reasonable times for inspection, review or audit by Department personnel and other personnel authorized by the Department. Records shall be kept for a period of at least 5 years following the end of the grant period. The grantee agrees that it will expeditiously initiate and complete the program work for which assistance has been awarded under this agreement in accordance with all applicable provisions of Florida Statutes and the Florida Administrative Code. 8. In addition to the provisions contained in paragraph 6 above, the Grantee shall comply with the applicable provisions contained in Attachment A. A revised copy of Attachment A, Exhibit-I, must be provided to the Grantee with each amendment which authorizes a funding increase or decrease. The revised Exhibit-l shall summarize the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment A. If the Grantee fails to receive a revised copy of Attachment A, Exhibit-I, the Grantee shall notify the Department's Grant Manager at 850/488-0300 to request a copy of the updated information. 9. Allowable costs may be charged to this agreement beginning either October I, 2002, or the date this agreement is fully executed, whichever date is later. .,... .", 10. The Department has the right to terminate a grant award and demand refund of grant funds for non-compliance with the terms of the award or the Solid Waste Grants Program Rule 62-716. Such action may also result in the Department declaring the local government ineligible for further participation in the program until the local government complies with the terms of the grant award. 11. Grantee shall obtain all necessary construction-related permits before initiating construction. 12. The State of Florida's performance and obligation to pay under this grant agreement is contingent upon receipt of funds presently anticipated from the Florida Department of Revenue. 13. Travel expenses incurred are included in the amount of this grant and no additional travel expenses will be authorized. Any requests for reimbursement of travel expenses must be submitted in accordance with Section 112.061, Florida Statutes. 14. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access to all documents, papers, letters, or other material subject made or received by the Grantee in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1), Florida Statutes. 15. The Grantee is prohibited from using grant funds for the purpose of lobbying the Legislature, the judicial branch or a State Agency. 16. To the extent required by law, the Grantee will be self - insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of its employees connected with the work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Grantee. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers I Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his employees not otherwise protected. 17. The Grantee, as an independent contractor and not an agent, representative, or employee of the Department, agrees to carry adequate liability and other appropriate forms of insurance. The Department shall have no liability except as specifically provided in this Agreement. .\woo ..., l8. Upon satisfactory completion of this Agreement, the Grantee may retain ownership of the equipment purchased under this Agreement. However, the Grantee shall complete and sign a Property Reporting Form, provided as Attachment B, and forward it along with the appropriate invoice to the Department's Grant Manager. The following terms shall apply: A. The Grantee shall have use of the authorized purposes of the contractual as the required work is being performed. equipment for the arrangement as long B. The Grantee is responsible for the implementation of adequate maintenance procedures to keep the equipment in good operating condition. C. The Grantee is responsiþle for any loss, damage, or theft of, and any loss, damage or injury caused by the use of, non-expendable personal property or equipment purchased with state funds and held in his possession for use in a contractual arrangement with the Department. 19. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide 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 award or perform work as a contractor, supplier,subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at 850/487-09l5. 20. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not perform work as a grantee, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.0l7, F.S., for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. --- WT356 ., OFFER AND ACCEPTANCE The State of Florida, acting by and through the Department of Environmental Protection, hereby offers assistance to the county of St. Lucie for all allowable costs incurred up to and not exceeding $28,613.00. Grant Application dated 6/26/02, included herein by reference. THE STATE OF FLORIDA BY THE DEPARTMENT OF ENVIRONMENTAL PROTECTION: 7J~~)o~ Date ' William W. Hinkl ,Chief Bureau of Solid & Hazardous Waste Approved as to form and legality: ~f , DÉP p~~ae~ ?/I,,;æ,. Date In accepting this award and any payments made pursuant thereto, (1) the undersigned represents that he is duly authorized to act on behalf of the recipient county, and (2) the recipient agrees to the general and special conditions. BY AND ON BEHALF OF THE DESIGNATED RECIPIENT COUNTY: Signature of Authorized Representative Douglas Coward Chairman, Board of County Commissioners Date please return to: Department of Environmental Protection Bureau of Solid and Hazardous Waste Solid Waste Section - M.S. # 4565 2600 Blair Stone Road Tallahassee, Florida 32399-2400 AGENDA REQUEST I"""NO. L - 3 r DATE: Auaust27.2002 REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (XX) TO: BOARD OF COUNTY COMMISSIONERS ZRES: SUBMITTED BY (DEPT): Public Works Dept./Solid Waste Division o J. Cordeiro Solid Waste Manager '-" SUBJECT: Staff requests the Board of County Commissioner's approval of Change Order #1 to Enviro-Loglcal Solutions, Inc., $10,707.71, bringing the new contract amount to $44,502.71. BACKGROUND: On November 28, 2001 bids were opened for the Air Stripping Treatment System. The low bidder was Enviro-Logical Solutions, Inc., in the amount of $33,795. FUNDS AVAILABLE: Funds are available in Account #401-0000-239507-000. PREVIOUS ACTION: On January 15 2002, the Board awarded Bid 02-011 Air Stripping Treatment System to Enviro-Logical Solutions, Inc., in the amount of $33,795. RECOMMENDATION: Staff recommends the Board of County Commissioner's approval of Change Order #1 to Enviro-Logical Solutions, Inc, $10,707.71, bringing the new contract amount to $44,502.71. MAPPROVED a OTHER: o DENIED COMMISSION ACTION: IllI County Attorney: IllIManagement and Budget: ~ IliIPurchasing: IllI Originating Dept: (Pub. Wks.l ~~Other: (Landfill) 0 Other: o Finance: Check for copy only, if applicable: Review and Approvals ).f2 CHANGE ORDER ~ .., ST. LUCIE COUNTY PROJECT: CHANGE ORDER NUMBER' (name address) Ground Water Air Stripping Treatment System . One (I) , Fairwin~s~olfCo~rse INmATlON DATE: 4400 FalfWmds Dnve June 28, 2002 Ft. Pierce, FL 3498 1 TO (Contractor): Enviro-Logical Solutions, Inc. 13135 North Dale Mabry Highway Tampa, Florida 33618 You are directed to make the following changes in this Contract: (Additional sheet attached as Exhibit A - ~ +te+ CONSULTANTS PROJECT NO.: 6277-35041-091 ST. LUCIE COUNTY CONTRACT NO: 02-01 I CONTRACT DATE: February 12,2002 The original (Contract Surw (Ctla, à.lte:_d Mm.:il ..~'" Cas,! was........................................................$ Net change by previous authorized Change orders ..........................................................................$ The (Contract Sum) ~l:leFElliteeel MSltiFl'll:lFl'l Cee~ prior to this Change Order wa~..........................$ Tne (Contract SUrì]) (CI:lSFEllite:t:! MSlIil'l'll:ll'l'l Ceet) will be (increaseq) (eleereeses sr eRsAse.) by the Change Order..........................................................................................................$ The new Contract Sum (Ctll:lFSRteeel MSHiFl'll:lFl'l C8IMY including this Change Order will be ...........$ Tne Contract Time will e !increased) (eleeree88i) (lšIi8F1SFI!lelll¡ by.................................................. The Date of Final Acceptance as of the date of this Change Order therefore is: A t N b 401-0000-239507-000 Funds Available: cccun urn er 33,795.00 0.00 33,795.00 10,707.71 44,502.71 49 days July 31, 2002 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 wcrk or changes deñned in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non-affectred work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result of increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope of the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement betv.teen 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 pefformed unde this Change Order shall be performed in accordance with the contract spedfications. Recommended: Camp Dresser & McKee Inc. Architect/Engineer 170 I State Road A-I-A, Ste. 30 I, Vero Beach, FL 32963 r£d~.~ / By ........ Agreed To: Enviro-Logical Solutions, Inc. & I-z..}r:n.- Date Contractor 13135 North Dale Mabry Highway, Tampa, Florida 33618 ~~0 '/ In lúz- I Óate WHITE - VENDOR GOLDENROD - FINANCE Approved: Solid Waste Division, Public Works Dept. St. Lucie County Department 6120 Glades Cut-off Road, Ft. Pierce, FL 34981 Address ~ D~ Authõrized: St. Lude County: 2300 Virginia Ave., Ft. Pierce, FL 34982 By Date Approved as to Form and Correctness County Attorney GRE:N - PURCHASING FINK - CEPARTMENT '-' .."J EXHIBIT A ITEM DESCRIPTION St. Lucie County, Florida Fairwinds Golf Course Ground Water Air Stripping Treatment System CDM Project No. 6277-35041-091 Change Order No.1 , Item No. t Description: Removal of Existing Air Stripper No.1 Purpose: Excessive weight of unit translated to additional equipment costs and repairs to flowmetersjpiping Cost: $6,961.46 Time: 2 Description: Removal of Existing Air Stripper No.2 Purpose: Anticipated extra equipment for removal of second unit Cost: $3,746.25 Time: 49 days File: 6277-35041-091 rb4210.doc '-'" ...." AGENDA REQUEST ITEM NO. C - 3G DATE: August 27,2002 TO: BOARD OF COUNTY COMMISSIONERS REGULAR [ 1 PUBLIC HEARING [ 1 CONSENT [xl PRESENTED BY: (~~~i-W~ County Engineer SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115) SUBJECT: Approve Change Order No.1 in the amount of $6,926.85 for the Sunrise Boulevard at Merritt Ditch 60-inch RCP Culvert Replacement project. Construction of the project is presently underway. Originally, construction of this project was designed to incorporate only the outfall of an adjacent project, Sunrise Blvd. / Percival Street Outfall project, currently on the CIP list for the future. At this time, with the help of the Contractor, staff recommends installing the last segment of the Sunrise Blvd. / Percival Street project under the Sunrise Boulevard at Merritt Ditch 60-inch RCP Culvert Replacement project. Installation of the last segment now will reduce the overall cost and aid in the construction of the Sunrise Blvd. / Percival Street Outfall project in the future. BACKGROUND: Percival Street to the north of Merritt Ditch is a lowland area that has a tendency to flood after heavy rain events. The Sunrise Blvd. / Percival Street Outfall project would provide for drainage for this area. Originally, it was intended to keep these two jobs, which tie together at Merritt Ditch, separate. With the aid of the Contractor the last segment of the Sunrise Blvd. / Percival Street Outfall project could be installed now. Installation of this segment now would be at a significant cost savings to the County. FUNDS AVAILABLE: Funds are available in Fund No. 316001-41131-563000-43017 Transportation Capital- Transportation Trust - Local Option Culvert Replacement. PREVIOUS ACTION: On June 4,2002, the Board awarded Sunshine Land Design a contract in the amount of $124,606.80 for the replacement of a failing 60-inch diameter corrugated metal pipe with a 60-inch diameter reinforced concrete pipe. RECOMMENDATION: Staff recommends the Board approve and authorize the Chairman to sign Change Order No. 1 in the amount of $6,926.85 for a total contract price of $131,533.65 to Sunshine Land Design to construct the modifications to the project. COMMISSION ACTION: [l APPROVED [l DENIED [)t OTHER Pulled prior to meeting. Do la Anderson, a ~ Count Administrator [xl County Attorney i/K [x] Mgt. & Budget UIJ y1J~ [x] Originating Dept. Public Works ~ Ix] Project. Man. ¿?.<III [x] Budget & Rev. Coor. íþ Pr\'\ r (Check for copy only, if applicable) ---- "-'" ...., CHANGE ORDER ST. LUCIE COUNTY PROJECT: Sunrise Blvd. @ Merritt Ditch 60" R.C.P. (name, address) Culvert Replacement CHANGE ORDER NUMBER: No.1 INITIATION DATE: 8/9/02 TO (Contractor): CONSULTANT'S PROJECT NO.: n/a Sunshine Land Design, Inc. POBox 559 Port Salerno, FL 34992 ST. LUCIE COUNTY CONTRACT NO: C02-06-471 CONTRACT DATE: 6/4/02 You are directed to make the following changes in this Contract: (Additional sheet attached as Exhibit A - Yes) SEE ATTACHED The original (Contract Sum) was .............................................................. $124,606.80 Net change by previous authorized Change orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $-0- The (Contract Sum) prior to this Change Order was ............................................... $124,606.80 The (Contract Sum) will be (increased) by this Change Order. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $6,926.85 The new (Contract Sum) including this Change Order will be ....................................... $131,533.65 The Contract Time will be (increased) by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (30 ) Days The Date of Substantial Completion as of the date of this Change Order therefore is: 10/5/02 ~unds Available: Account Number 316001-41131-563000-43017 rhe adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or )wed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and ¡grees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs md delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non- ¡ffeeted work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract Jrice or time as a result of increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, ;ubject to the current scope of the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement Jetween the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and that Contractor will waive all ights to file a claim on this Change Order after it is properly executed. All work performed under this Change Order shall be performed in lccordance with the contract specifications. Approved: St. Lucie Countv Public Works Department St. Lucie County Department 2300 Vir ·nia Ave. Fl. Pierce FL 34982 Addre L---- By: Craig HauSC~lld, P.E., Sr. Proj. Mgr. Date Agreed To: Pierce, FL 34982 Sunshine Land Desion, Inc. Contractor POBox 559. Port Salerno. FL 34992 ~~ rLz ~ By: Date By: b - 1 ç ~ Ù\.. Date Approved as to Fonn and Correctness County Attorney ...../"--. \..< ..." AGENDA REQUEST ITEM NO. C - 4A DATE: August 27, 2002 "INVESTMENT FOR THE FUTURE" TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115) REGULAR [ l PUBLIC HEARING [ l CONSENT [xl PRESENTED BY: .ß.t\'t\~~- ~~ (Don West, P.E County Engineer SUBJECT: Request approval to retain the services of Kimley-Horn and Associates, Inc. to provide design services for the replacement of the Juanita Avenue over Taylor Creek Bridge, Bridge 10940040. BACKGROUND: '... On October 13, 1998, Juanita Avenue Bridge over Taylor Creek was slated for repairs. The Board approved a Work Authorization for Kimley-Horn and Associates, Inc to develop repair plans. At the Strategic Planning session held on February 1, 2002 the Board asked that a sidewalk be added to the bridge repair project. In reviewing the plans for the Juanita Avenue Bridge Repair project, staff had determined that adding a sidewalk to the bridge would not be cost feasible. A stand-alone sidewalk bridge over Taylor Creek at an estimate of about $160,000 would need to be constructed. Construction of a stand- alone sidewalk bridge adjacent to the existing Juanita Avenue Bridge; however, would limit bridge replacement options in the future. Furthermore, the condition of the existing bridge is poor, and is very close to the end of its useful service life. Major repairs are needed (estimated at $150,000) to extend the service life of the bridge for at most 10-15 years. Based upon these conditions, staff recommends replacement of the Juanita Avenue Bridge over Taylor Creek. The new bridge would be designed in accordance with current specifications and contain a typical section containing two 12-foot travel lanes with 8-foot shoulders, and an 8-foot shared used path on one side. This shared used path could be tied into a sidewalk extending between 25th Street and U.S. # 1. We have just completed a project that constructed sidewalk along Juanita Avenue from Bedford Drive to 21st Coo~ . Staff plans to proceed with minor structural repairs to keep the bridge safe, until such time as the bridge is replaced. FUNDS AVAILABLE: Funds will be made available in Fund No. 316001-41133-563003-4325 Survey Transportation Capital I Local Option Bridge Maintenance in the amount of $5,600 for engineering surveying, Fund No. 316001- 41133-563005-4325 Engineering Transportation Capital! Local Option Bridge Maintenance in the amount of $52,200 for engineering design, and Fund No. 316001-41133-563021-4325 Reimbursements Transportation Capital! Local Option Bridge Maintenance in the amount of $5,800 for geotechnical. , \w .."., , AGENDA REQUEST ITEM NO. C - 4 cont. DATE: August 27, 2002 "INVESTMENT FOR THE FUTURE" PREVIOUS ACTION: June 17, 1997, the Board of County Commissioners approved ~n additional two cents of Local Option Gasoline Tax for 81. Lucie County. The revenue from this additional tax is earmarked for Capital Maintenance of bridges and road reconstruction. A list of needed bridge repair and replacement projects was approved by the BOCC under the "Investment for the Future" program. Juanita Road over Taylor Creek Bridge is one of the bridges on this list. On October 13, 1998, the Board approved Work Authorization No.2, in the amount of $32,000, to design the necessary repairs on four bridges: Taylor Dairy Road over C-25 Canal, Juanita Avenue over Taylor Creek, Glades Cut-off Road over C-24 Canal, and Edwards Road over 5-Mile Creek. On April 25, 2000, the Board approved Work Authorization No.3, in the amoÙ"nt of $22,500, which included bid preparation, pre-construction participation, site visits, permitting, and project closure of all four bridges. On December 5, 2000, the Board awarded Contract #COO-12-158 with Kimley-Hom and Associates, Inc. for Bridge Evaluation & Design Services. On September 4, 2001, the Board approved Work Authorization No.1, in the amount of $6,900, for additional survey information on three bridges: Juanita Avenue over Taylor Creek, Glades Cut-off Road over C-24 Canal, and Edwards Road over 5-Mile Creek. The survey information better defined the work necessary to rehabilitate the bridges and established quantities for payment to bidding contractors. Site conditions have changed since the bridge projects began. RECOMMENDATION: Staff recommends the Board approve Work Authorization NO.2 with Kimley-Hom and Associates, Inc., to provide design services for the replacement of the Juanita Road over Taylor Creek Bridge, Bridge ID 940040, in the amount of $63,600, and authorize the Chairma 0 sign. ~MMISSION ACTION: ~ ~ APPROVED [] DENIED [] OTHER [x] County Attorney ~ Ix] Project. Man. ¿'4# (Check for copy only, if applicable) [xl Mgt & Budget M ß(1l~ [xl Originating Dept. Public Works Ä_ / [xl Budget & Rev. Coor. ~R- \ '-" ..",., WORK AUTHORIZATION NO. 1- Engineering Services Related to Bridge Evaluation and Design C-00-12-158 for Juanita Avenue at Taylor Creek Bridge Design Pursuant to that certain Agreement Between County and Engineer for Engineering Services (the "Agreement") between St. Lucie County (the "County") and Kimley-Horn and Associates, Inc. (the "Engineer") dated December 5, 2000, the Engineer agrees to provide the Scope of Services described in Exhibit "A" and 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 affixed 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 ENGINEER BY ~ 11. ff)JL Print Name: ' Jeff B. Mullis Kimley Horn & Associates, Inc. Date: 7/29/02 ~=n '-" ."", Kimley·Horn and Associates, Inc. July 10, 2002 í "'""'. -';;--,;;--, '.' ft 1 IS i I '. n (; I~ '. 1\'''' r·-·-- . ~J IJl I I 2002 ¡ L:.J L---- --- _J \ ENGnJEER!NG Craig Hauschild, P.E. St. Lucie County Engineering Division 2300 Virginia Avenue 2nd Floor Annex, Room 229 Fort Pierce, Florida 34266 Re: Juanita Road Bridge Replacement Dcar Mr. Hauschild: As requested we have developed a scope and fee proposal for design scrvices for the replacement of the Juanita Road bridge over Taylor Crcek (Bridgc No. 940040). The scope of services, fee, and schedule for this work order are provided in the attached Exhibit "A" through Exhibit "C". We appreciate this opportunity to work with St. Lucie County and look forward to continuing to be a part of your program. Should you have any questions, please feel free to contact me at 772/794-4058. Sincerely, KIMLEY-HORN AND ASSOCIATES, INe. '6!Þ~I;i,1~ Associate cc: Claude Gentil Tom Yonge K:\PROPOSAL \KHA\stlucì24.doc . TEL 561 562 7961 FAX 561 562 9669 . Suite 400 601 21st Street Vera Beach, Florida 32960 '-"' .." Mr. Craig Hauschild, July 10. 2002, Pg. 2 EXIllBIT "A" SCOPE OF SERVICES Task 1 - Design SUITey The Consultant shall provide design survey services necessary to support and facilitate contemplated design and permitting activities associated with this project. 1. Establish a project wide Horizontal Control Network for the project location within the DESIGN LIMITS. 2. Establishment of a Vertical Control Network for the project location within the DESIGN LIMITS. All elevations will be referenced to NGVD 1929 datum. 3. Field establishment and monumentation of survey baselines and all side streets involved. 4. Obtain topographic data at the bridge location and 100 ft. each side. 5. Establish existing right-of-way. Task 2 - Geotechnical Investigation . The Consultant will contract a geotechnical testing lab to perform the necessary geotechnical investigations, subsoil exploration and laboratory tests. They will provide soil types, relative density, axial capacity versus depth curves and pile installation recommendations. '-" ., Mr. Craig Hauschild, July 10, 2002, Pg 3 Task 3 - Design The Consultant shall prepare preliminary and final bridge plans for the demolition and replacement of the structure. 1. The proposed typical section will consist of two 12 lanes, an 8 ft. sidewalk (for pedestrian and bicycle traffic) on one side, 8 ft. shoulder on each side of the bridge. We will also investigate the need for utility shelves on one or both sides of the bridge. 2 The bridge length will be customized to fit the specific site.. The bridge is assumed to be no more than three spans, with a maximum span length of about 40 feet. 3. Slope protection, rip-rap and/or sheet piles will be used at the bridge abutments to stabilize the canal banks in the vicinity of the bridge. 4. It is anticipated that the COUNTY will allow road closures at both bridge locations such that phased construction will not be required. 5. The bridge design will be performed in accordance with the 1996 Edition of the AASHTO Standard Specifications for Highway Bridges with Interim Revisions through 2001, and the 2002 FDOT Structures Design Guidelines, LFD Edition. 6. Construction and material specifications will be based on FDOT Standard Specifications for Road and Bridge Construction, 2000 Edition. '-'" ,.,., Mr. Craig Hauschild, July 10. 2002, Pg. 4 7. We will coordinate with the existing utility companies for the relocation the any utility that may be in conflict with the proposed bridge. This will include the relocation of the existing utility attached to the south side of the existing structure. 8. All design and plan details will be in the English unit system. 9. Bridge plan submittals are anticipated at the 30%, 90%, and 100% stages. The 30% submittal will occur after the 30% roadway and intersection geometry has been reviewed and approved by the County. Bridge 30% plans will include General Plan and Elevation views, Typical Sections and Notes. The 90% submittal will consist of Contract Plans and preliminary quantities and cost estimates. The 100% submittal will be the Final Plans, with Quantities, Opinion of Cost and Specifications. Task 4 - Analysis and Permitting We will address the permitting requirements of South Florida Water Management District (SFWMD) and Ft. Pierce Farms Water Control District. Drainage analysis will be undertaken to provide supporting data and documentation to the interested agencies. Permit applications will be prepared with the County as the Permittee. ... Mr. Craig Hauschild, JUI~ 2002. Pg. 5 Exhibit "B" FEE We will accomplish the service outlined in Tasks 1 through 4 for the lump sum fee of $63,600 inclusive of expenses. Task Fee Survey Geotechnical Design Drainage Analysis and Permitting $5,600 $5,800 $45,600 $6,600 Total Fee $63,600 y Mr. Craig Hauschild, JU:( 2002, Pg. 6 Exhibit "C" SCHEDULE The work as described in Tasks I through 4 will be completed to 90% within 150 days from the time that notice to proceed (NTP) is given. Complete Survey 30 Days from NTP Complete 30% Plans 60 Days Complete 90% Plans & Submit For Permits 60 Days Complete 100% Plans 30 Days (after Final Agencies Comments) '-" ....., .' , AGENDA REQUEST ITEM NO. C-4b DATE:August27,2002 "INVESTMENT FOR THE FUTURE" TO: BOARQ OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): ENGINEERING (4115) REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] PRESENTED BY: ~~~~.~.~ County Engineer SUBJECT: Accept the Cortez Blvd. and South 29th Street Culvert Replacement project; release the retainage in the amount of $12,236.50, deduct ($210) from.the contract for failed laboratory tests and make Final Payment in the amount of $14,166.50, to Lucas Marine Construction, Inc. for the: project. BACKGROUND: . '- On January 22, 2002 the Board awarded Lucas Marine Construction, Inc. a contract in the amount of $126,650 for the replacement of a deficient 60" metal culvert with 72 feet of 60" concrete culvert and two concrete winged end walls. On July 16, 2002, the Board approved Change Order No. 1 in the amount of($2145) for reduction in materials and activities without compromising the project. FUNDS AVAILABLE: Funds are available in Fund No. 316001-41131-563000 -43016 Transportation Capital/Local Option Culvert Replacement. PREVIOUS ACTION: The Board awarded the Cortez Blvd. and South 29th Street Culvert Replacement project contract on January 22,2002 in the amount of $126,650. On July 16, 2002 the Board approved Change Order No.1 in the amount of ($2145) for reduction of materials and activities without compromising the project for a total contract price of $124,505. RECOMMENDATION: Staff recommends the Board accept the project and release retainage in the amount of $12,236.50; deduct ($210) from the contractfor failed laboratory tests and make Final Payment in the amount of $14,166.50 to Lucas Marine Construction, Inc. for the Cortez Blvd. and South 29th Street Culvert Replacement. , ' K APPROVED U' OTHER [] DENIED COMMISSION ACTION: <i\ [x] County Attorney (./:.., [x] Originating Dept. Public Works [x] Finance (Check for copy only. if applicable) 'ði1:i.. f...- [x] Mgt. & Budget [x] Project. Man. u sAnderson, Co nty Administrator f7Ø '¡V\ (Y\~~ (1-""" \ [x] Purchasing 1&12- [x] Budget & Rev. Coor. y:s..ft'\ì ....--- -: .~<- A' '-" ""'" ,. DIVISION OF ENGINEERING MEMORANDUM 02 - 235 :::::::E:::::::::::~:t:::::::;:::::::3::::;::::::::8::::E::::f::E:::::::~:8:E:::::::::;::::~:::::::;::::::::::E:::: .·o·.·.·_·.".·.-.·.·_".....·o·_·.v.·_·.·_·....,...............:._...._........_..-...-......0._...................._......._...__....... .·.-.-.·w·.·w·.-_·.·.·.·.·.-_..-...._......................·.·w·.·.-.-.:.....·.·w·.-.·.·.·.'-".-_·.·.·.·_".·...v......"J..w...w..-..... Dan Mcintyre, County Attorney Don West, County Engineer~v.J ~ August 12, 2002 r~~J~ Œ U WŒ II r iul', ALl; ~ " L L COUNTY ATTORN;: ~{ ()"YV'- \(~ ~ .fß!)M: DATE: SUBJECT: Cortez Blvd. @ 29th St. Culvert Replacements - Releases of Lien On January 22, 2002, the Board awarded Lucas Marine Construction, Inc. a contract for the above referenced project. Please approve the four attached Releases of Lien for correctness. If we can be of any assistance, please call Chester Belcher, Project Manager, at extension 1707. Bam ill Œ @ Œ ~ w lL Í¡1~-'H I I!· I I' " ¡.,i :; < . /' I NJ3 I 5 2002 I ~l L_ I ENG1NEERI~!G Attachments (4) cc: Ray Wazny, Public Works Director Mike Powley, Capital Projects Engineer Chester Belcher, Project Manager g( ~!"Vi .. ex: ..G~~ ty' \.,.t ~ AGENDA REQUEST I~ NO. C-5-A DATE:August27,2002 REGULAR [ ] HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Purchasino Michael Rath. Purchasino Director SUBJECT: Second Amendment to Contract No. C01-10-002 with SYSINCT, a division of IKON Office Solutions BACKGROUND: On August 14, 2001 the Board of County Commissioners approved a contract with SYSINCT, a division of IKON Office Solutions to provide Hardware and Software Maintenance for Information Technology. On May 14, 2002 the Board authorized execution of the First Amendment extending phone support to 24 hours a day, 7 days a week. The Contract allowed for one (1) one-year extension at the same terms and conditions. Staff is now recommending that the Board authorize the first and only extension to the Contract. FUNDS AVAILABLE: Funds are available in the following Account No. Information Technology, Software Support Contract, 001-1955-534110-100 Information Technology, Software, 001-1955-568000-100 PREVIOUS ACTION: N1A RECOMMENDATION: Staff recommends approval of the second amendment to the contract with SYSINCT, a division of IKON Office Solutions, through September 30,2003, and authorization for the Chairman to sign the amendment as prepared by the County Attorney. COMMISSION ACTION: CE: l1G APPROVED [] DENIED rl OTHER: County Attomey:(X) Originating Dept: /"\ , '--1 ;~.;...-.:! Coorclination/Sie:natures Mgt. & Budget (xJyPr Irl m~ Other: Purchasing Mgr.:(X) ,"" it:- Other: Finance: (Check for Copy only, If Applicable) Elf. 1/97 '-' ...,J SECOND AMENDMENT TO AUGUST 14, 20001 CONTRACT BETWEEN ST. LUCIE COUNTY AND SYSINCT, a division of IKON OFFICE SOLUTIONS THIS SECOND AMENDMENT made this day of 2002, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida (County) and SYSINCT, a division of IKON OFFICE SOLUTIONS, or his, its or their successors, executors, administrators and assigns (Contractor). WHEREAS, on August 14, 2001 the parties entered into a Contract (the "Contract") whereby the Contractor agreed to perform Hardware and Software Maintenance for Information Technology; and WHEREAS, on May 14, 2002 the parties executed the First Amendment to provide for phone support 24 hours a day, 7 days a week; and WHEREAS, the parties desire to amend the Contract to exercise their option to extend the terms of the Contract for one-year renewal term. NOW, THEREFORE, inconsideration of the mutual promises contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 4. TERM of the Contract shall be amendment to read as follows: 4. TERM The term of this contract shall begin on October 1, 2001 and end on September 30, 2003. The parties may extend this Agreement for additional periods of one (1) year upon terms as mutually agreed to be the parties. 2. All other terms and conditions of the original Contract and the First Amendment to the Contract shall remain in full force and effect. 1 '-' ...I IN WITNESS WHEREOF, the County has hereunto subscribed and the Vendor has affixed his, its, or their names, or name, and the date aforesaid. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES SYSINCT, a Division of IKON OFFICE SOLUTIONS By: AUTHORIZED REPRESENTATIVE Print Name: Title: 2 ~ <\.,..--=:--C-, i (: '-.i ." '::~.~ . --\ '"' ~ \.2:::// \~/ ~-l " ; ~., -' /' ~ -C ~ ~) .,1 - ..1 {,I;, .-/',..';/;....,. ""'\. ~ --- ~---'~ ~ CONTRACT ; ¡' i~ THIS CONTRACT, made this -;~ day of ., '.i i"¿t ~'Ao . . if' -i...l.....-..;!~;,.·y ,,~ ~-,-,. 2001 b t T jé-~;, ~.'., ,'"7- , ,e ween S . LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "COUNTY", and SYSINCT, a division of IKON Office Solutions, or his, its or their successors, executors, administrators, and assigns hereinafter called the "CONTRACTOR": WITNESSETH: 1. PURPOSE That Contractor agrees with County, for the consideration herein mentioned, at his, its or their own proper cost and expense to do all the work and furnish all the materials, equipment, supplies, and labor necessary to carry out this Contract in the manner and to the full extent as set forth in the proposal and the accompanying plans, specifications, addenda if any, and drawings, and they are as fully a part of the Contract as if hereto attached or herein repeated, and to the satisfaction of the duly authorized representatives of St. Lucie County, who shall have at all times full opportunity to inspect the materials to be furnished and the work to be done under this Contract. 2. DESCRIPTION OF WORK It is agreed that the work to be done under this Contract is Information Technology Hardware and Software Maintenance as specified in the Quotations and Procedures attached as Composite Exhibit wA", 3. PROJECT MANAGER The Project Manager for the County is Darrell McCloud at (561) 1752. The Project Manager for the Contractor is Bradford Reed at (813) 261-2030 X4272. The parties shall direct all matters arising in connection with the performance of this Contract, other than invoices and notices, to the attention of the Project Managers for attempted resolution or action. The Project Managers shall be responsible for overall resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Contract. -1- ...., '~.H ,._"_.'";'"....;......j";,..",,,~.. '-' ....I 4 . TERM //3e initial term of this Contract shall begin on October 1, 2001 and end o~tem~~ 30,200 unless extended as set forth herein. The parties may extend this Agfeem-e~ addi' al periods of one (1) year upon terms as mutually agreed to by the parties. 5. CONTRACT PAYMENT The County shall pay the Contractor for the performance of this Contract of twenty- one thousand five hundr wellly-nme cind 457mo-($2~5-2- 5) dollars. 6. The County shall make payments on account of the Contract not later han forty five (45) days after receipt of an invoice from the Contractor. 7. 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 th is Contract, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Contractor involving transactions related to this Contract. The Contractor agrees that payment(s) made under this Contract shall be subject to reduction for amounts charged thereto which are found on the basis of audit examination not to constitute allowable costs under this Contract. The Contractor shall refund by check payable to the County the amount of such reduction of payments. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or three years after completion of the project and issuance of the final certificate, whichever is sooner. 8. PUBUC RECORDS The Contractor shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County in conjunction with this Contract. 9. CONTRACTOR RESPONSIBIUTY The Contractor is an independent contractor and is not an employee or agent of the County. Nothing in this Contract shall be interpreted to establish any relationship other than -2 - '-' ..." that of an independent contractor, between the County and the Contractor, its employees, agents, subcontractors, or assigns, during or after the performance of this Contract. 10. INSURANCE Workers' Compensation and Employers Liability: The Contractor shall maintain and, prior to commence of this contract, provide the County with evidence of workers' compensation insurance providing Florida statutory (F.S. 440) limits to cover all employees and include Employers Liability coverage with limits of not less than $500;000 for accidents or disease. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non-renewal. 11. DEF AUL T: TERMINATION A. FOR CAUSE If either party fails to fulfill its obligations under this Contract in a timely and proper manner, the other party shall have the right to terminate this Contract by giving written notice of any deficiency and by allowing the party in default seven (7) calendar days to correct the deficiency. If the defaulting party fails to correct the deficiency within this time, this Contract shall terminate at the expiration of the seven (7) calendar day time period. With regard to the Contractor. the following items shall be considered a default under this Contract: (1) If the Contractor should be adjudged bankrupt, or if he, or it, should make a general assignment for the benefit of his, or its, creditors, or if a receiver should be appointed on account of his, or its, insolvency. (2) If the Contractor disregards laws, ordinances, or the instructions of the Project Manager or otherwise be guilty of a substantial violation of the provisions of the Contract. B. WITHOUT CAUSE Either party may terminate the Contract without cause at any time upon thirty (30) calendar days prior written notice to the other party. In the event of termination, the -3- ~ """" County shall compensate the Contractor for all authorized work performed through the termination date. 12. NON DISCRIMINATION Contractor covenants and agrees that Contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of the Contract with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex or physical handicaps (except where based on a bonafide occupational qualification); or because of marital status, race, .. color, religion, national origin or ancestry. 13. VERIFICATION OF EMPLOYMENT STATUS Contractor agrees that it shall bear the responsibility for verifying the employment status, under the Immigration Reform and Control act of 1986, of all persons it employs in the performance of the contract. 14. ASSIGNMENT The County reserves the right to freely assign this Contract. The Contractor, however, shall not assign this Contract to any other persons or firm without first obtaining County's written approval. 15. ATTORNEYS I FEES AND COSTS In the event of any dispute concerning the terms and conditions of this Contract or in the event of any action by any party to this Contract to judicially interpret or enforce this Contract or any provision hereof, or in any dispute arising in any manner from this Contract, subject to the provisions of Section 768.28, Florida Statutes and in no way altering the extent of the County's liability under 768.28, Florida Statutes, the prevailing party shall be entitled to recover its reasonable costs, fees and expenses, including but not limited to, witness fees, expert fees, consultant fees, attorney, paralegal and legal assistant fees, costs and expenses and other professional fees, costs and expenses, whether suit be brought or not, and whether any settlement shall be entered in any declaratory action, at trial or on appeal. The liability of the Contractor and its surety or sureties, if any, for such fees and costs is joint and several. -4- '-' ..,., 16. NOTICES All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed as follows: If to County: With copies to: St. Lucie County Administrator 2300 Virginia Ave. .. . Administration Annex Fort Pierce, FL 34982 St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, FL 34982 If to Contractor: Bradford Reed Sysinct, a Division of IKON Office Solutions 5445 West Cypress Street, Suite 100 Tampa, Florida 33607 17. NON-WAIVER The rights of the parties under this Contract shall be cumulative and the failure of either party to exercise properly any rights given hereunder shall not operate to forfeit any of the said rights. 18. CONFLICT OF INTEREST The Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Florida Statutes 112.311. The Contractor further represents that no person having any interest shall be employed for said performance. The Contractor shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Contractor's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Contractor may undertake and request an opinion of the County as -5- \w ..." to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Contractor. The County agrees to notify the Contractor of its opinion by certified mail within thirty (30) days of receipt of notification by the Contractor. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Contractor, the County shall so state in the notification and the Contractor shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Contractor under the terms of this Contract. 19. DISPUTE RESOLUTION Any disputes relating to interpretation of the terms of this Contact or a question of fact or arising under this Contract shall be resolved through good faith efforts upon the part of the Contractor and the County or its Project Manager. At all times, the Contractor shall carry on the work and maintain its progress schedule in accordance with the requirements of the Contract and the determination of the County or its representatives, pending resolution of the dispute. 20. MEDIATION Prior to initiating any litigation concerning this Contract, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 21. INTERPRETATION: VENUE This Contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Contract may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Contract shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Contract, venue shall be in the Nineteenth Judicial circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. -6- '-" ....,j IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement in counterparts each of which shall be treated as an original upon the terms and conditions above stated. ~, / '. ArrEST: .~ j,/ / ) ~. ;,./ .~ () \'/~".~. I l"' j ~'_'--'Y'-- (} t/ !J ~ AI_A nVrf\..A....:l / ____ ~ // \\ CL~~r~u~;;~" ( I. ?.z. ~>,.¡::;:;.,,"'-;"\.Y/..., '~" . ... . 'I "'. ¡ ~?'" ., i~/ -5$/ __--5~~~ -\~..~~ \ , ~"'\. .._........ ~') .' ,- '.j, , :-1'::=[ ~\J:~. \~.::" j. . .. ~- .... . ,,..¡ -j ·.l~ ~ ~ / ~"-';:~l j!..--; .J' -\- ~~ . ..c.~V!~i~ !,.. _.~ ~- 'J\ !. .~-::~', ,,~.......- ·:':'?t~.: {~!:~~?~J..;.:.'??~~~I 'l~ -1-. J"I"'P"l~ \ _-~r:- "~~ '..~'''..' ':.".7 ~~}~~ BOARD OF COUNTY COt~MISSIONERS ST. LUCI COUf'm."rYA~ . p/ B . . ., WITNESSES: 5. ~\ \ '"' , '. ~ .,' ~.. \"', . _' :--1.!!J....-l~ /) . \J ,........ ~., J~¡,._I BY: Print Name: \b. R--e €/J T I 0 I ~ .~~, '.-, , ~ .^" -4,- it e: . l::::. ¡ 1 .).. l)t VCL;.J·",iY'\2r' '. )" 7 ' -7- '-" ,->. l~; ,~ r 1(; .¡) -, --,..J j'- ''-' '.,1i'-'-7'--, FIRST Al'1ENDMENT TO AUGUST 14,2001 CONTRACT BETWEEN ST. LUCIE COUNTY AND SYSINCT ;·;r' THIS FIRST AMENDMENT made and entered into this j ~:.," day of (.. '--,1/ , 2002, - Ii. .... by and'between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "County', and SYSINCT, a division of IKON Office Solutions, or its successors, executors, administrators, and assigns hereinafter called the "Contractor": WITNESSETH: WHEREAS, the parties entered into a Contract dated August 14,2001 (Contract) whereby the Contractor agreed to provide information technology hardware and software maintenance to the County; and WHEREAS, the parties desire to amend the Contract to provide for phone support 24 hours a day, 7 days a week. NOW THEREFORE, in consideration of the promises contained herein, the parties agree as follows: 1. Composite Exhibit ··A" of the Contract is amended to include Quotation #5604-01, a copy of which is attached to the Amendment as Exhibit "A". All reroaining references in Composite Exhibit "A" to phone support from Monday through Friday, 8:00 am to 5:00 pm shall be deemed changed to 24 hours a day, 7 days a week. 2. Paragraph 5 "CONTRACT PAYMENT" is amended to read as follows: The County shall pay the Contractor for the performance of -1- "'" ..".I this Contract the sum oftwenty-foUI thousand three hundred forty-one and 95/100 ($24,341.95) dollars. 3. Except as amended herein, the remaining terms and conditions of the August 14,2001 Contract shall remain in full force and effect. IN WITNESS WHEREOF, the County has hereunto subscribed and the Contractor has affixed his, its or their names, or name. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: tJI.~: 1- W)J1#~ ' DEPUTY CLE APPROVED AS TO FORM AND CO~Cl'NESS:/,,\ ! 1AJ.Í)((A}/ín>'''·''''/\·'1..''.I.·:) ~/,I .'. -~!~ 1.1 . i ..' I .1 ."'1 ¡ if, *,_ , .. l· , II I..:;: , COUNTYATFORNEY / / U WITNESS: SYSINCT, a Division of IKON Solutions CþU BY: Print name î~\ () ó2re'€!/'. G:1ATIY\AGREEMN1\lAMEND\Sysinçtwpd -2- .SySmçt~~w. Quotation #5604-01 ..",., Bradford Reed Sysinct, A Division of IKON Office Solutions 5445 West Cypress Street, Suite 100 Tampa, FL 33607 Phone: 813-261-2030 x4272 Fax: 413-280-6742 Bill To: Saint Lucie County Finance Department 2300 Virginia Avenue Ft. Pierce, FL 34982-5652 Ship To: Saint Lucie County Attn: Roger Poitras - 1st Floor Information Technologies Fort Pierce, FL 34982 srSLVCT ['¡"'in EYTEVDED QTf .VCMBER DESClUP1JON PKICE PRICE 1 Access 7x24 Nokia Access 7x24 support program provides 7x24 phone support and hardware unit swap for one year from date of order Note: Incudes credit of $937.50 for 4 unused months from existing 5x8 contract $3,750.00 $3,750.00 -$937.50 Total Quotation Price $2,812.50 Terms of Quotation: 1.) This quotation is valid for 30 days. 2.) Does not include shipping and handling or applicable taxes. 3.) Our terms are Net 30 EXHIBIT I \\ A II Page 1 of 1 Confidential,4/8/2002 OUT Mission is to be dedicated to Quality, Integrity and our Customers' Success! , AGENDA REQUEST I'1'lM NO. C-5-B DATE: August 27, 2002 REGULAR [ ] HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Purchasina Michael Rath. Purchasina Director SUBJECT: First Amendment to Contract No. C01-07-513 with Treasure Coast Courier Service, Inc. BACKGROUND: On July 24, 2001 the Board of County Commissioners approved a contract with Treasure Coast Courier Services, Inc. to provide St. Lucie County and its respective departments and officer with interoffice mail service. The Contract allowed for two (2) one-year extensions with a 3% contract increase. Staff is now recommending that the Board authorize the first extension and the 3% contract increase. FUNDS AVAILABLE: Funds are available in Accounts No. Purchasing Department, Other Contractual Services 001-1320-534000-100 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval of the first amendment to the contract with Treasure Coast Courier Services, Inc., through September 30, 2003, and authorization for the Chairman to sign the amendment as prepared by the County Attorney. COMMISSION ACTION: ~ APPROVED [ ] DENIED [ ] OTHER: County AlIorney:(X) n ~.¡ ./ t ... Mgt. & Budget (X) Purchasing Mgr.:(X) ¿L , . Originating Dept: Other: Other: Finance: (Check for Copy only, If Applicable) Eft. 1/97 ~ ..." FIRST AMENDMENT TO JULY 24, 2001 CONTRACT BETWEEN ST. LUCIE COUNTY AND TREASURE COAST COURIER SERVICE, INC. THIS FIRST AMENDMENT made this day of , 2002, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida (County) and TREASURE COAST COURIER SERVICE, INC., or his, its or their successors, executors, administrators and assigns (Contractor). WHEREAS, on July 24, 2001 the parties entered into a Contract (the "Contracf') whereby the Contractor agreed to St. Lucie County and its respective departments and officers with interoffice mail service; and WHEREAS, the parties desire to amend the Contract to exercise their option to extend the terms of the Contract for the first of two one-year renewal terms and allow an increase equal to 3% of the contract price. NOW, THEREFORE, inconsideration of the mutual promises contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 2. GENERAL DESCRIPTION OF WORK of the Contract shall be amendment to read as follows: 2. GENERAL DESCRIPTION OF WORK It is agreed that the Work to be done under this Contract is: to provide St. Lucie County and its respective departments and officers with interoffice mail service from October 1, 2001 to September 30, 2003. This contract can be renewed for one additional one-year renewal period upon the mutual agreement of both parties. 2. Paragraph 6. CONTRACT PAYMENT of the Contract shall be amended to read as follows: 1 "'" ...., 6. CONTRACT PAYMENT The County shall pay the Contractor for the performance of this Contract in accordance with the contract documents at the rate of $721.00 per week. An increase equal to 3% of the Contract price will be permitted at each renewal. 3. All other terms and conditions of the original Contract and the First Amendment to the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the County has hereunto subscribed and the Vendor has affixed his, its, or their names, or name, and the date aforesaid. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: CHAIRMAN ATTEST: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES TREASURE COAST COURIER SERVICE, INC. By: PRESIDENT Print Name: 2 '-" " :;\ -0/ -5 3 ...¡ CONTRACT 2001, between ST. THIS CONTRACT, made this J~ day of LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "COUNTY", and TREASURE COAST COURIER SERVICE, INC., or his, its or their successors, executors, administrators, and assigns hereinafter called the "CONTRACTOR": WITNESSETH: 1. PURPOSE That Contractor agrees with County, for the consideration herein mentioned, at his; its or their own proper cost and expense to do all the Work and furnish all the materials, equipment, supplies, and labor necessary to carry out this Contract in the manner and to the full extent as set forth in the Contract Documents, and to the satisfaction of the duly authorized representatives of sf. Lucie County, who shall have at all times full opportunity to inspect the materials to be furnished and the Work to be done under this Contract. 2. GENERAL DESCRIPTION OF WORK It is agreed that the Work to be done under this Contract is: to provide St. Lucie County and its respective departments and officers with interoffice mail service from October 1, 2001 to September 30, 2002. 3. PROJECT MANAGER The Project Manager for the County is Ruth Totton at (561)462-1738. The Project Manager for the Contractor is Debra S. Hunt at (561) 464-3515. The parties shall direct all matters arising in connection with the performance· of this Contract, other than invoices and notices, to the attention of the Project Managers for attempted resolution or action. Except as otherwise provided for in this Contract, the Project Managers shall be responsible for overall resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Contract. 4. CONTRACT DOCUMENTS The Contract Documents which comprise the Contract between the County and the Contractor are attached hereto and made part hereof and consist of the following: A. This Contract, consisting of pages 1 through 10 inclusive. -1- ,/ © ~ 'wi B. Contractor's Bid and Bid Bonds, consisting of 1 page. C. Bid Documents, consisting of: Call for Bids and Instructions to bidders. Specifications, Delivery Schedule (Exhibit' A). D. Insurance Certificates which shall be provided by the Contractor, along with the return of an executed copy of this Contract. E. Any Modifications, including change orders, duly delivered after execution of this Contract. Except for duly authorized and executed Modifications including but not limited to change orders and contract amendments, any conflict between the terms and conditions of this Contract and the terms and conditions of any of the other contract documents shall be interpreted in favor of this Contract. 5. PERFORMANCE GUARANTY . / That Contractor guarantees to repair, replace or otherwise make good to the satisfaction of the County any deficiency in service; and further guarantees the successful performance of the work for the service inteñded. Neither inspection nor payment, including final payment, by the County shall relieve the Contractor from his or its obligations to do and complete the service in accordance with this Contract. If the County deems it inexpedient to require the Contractor to correct deficient service, an equitable deduction from the contract price shall be made therefore or in the alternative, if the expense incurred by the County to correct deficient service exceeds the unpaid balance on this Contract, the Contractor shall pay the difference to the County. . 6. CONTRACT PAYMENT The County shall pay the Contractor for the performance of this Contract in accordance with the contract documents at the rate of $700.00 per week.. 7. PAYMENT SCHEDULE The County shall make payments to the Contractor within 45 days of the County's receipt of invoice. All invoices submitted by the Contractor shall reference the County's contract number. The County shall pay the Contractor through payments issued by the County Finance -2- "" '..I Department in accordance with the Florida Prompt Payment Act, section 218.70, Florida Statutes upon receipt of the certified invoice from the County Project Manager. The parties agree, however, that any payments withheld as liquidated damages or for any other reason allowed by this Contract, shall not be governed by the Florida Prompt Payment Act. 8. SUBCONTRACTORS In the event Contractor requires the services of any subcontractor or professional associate in connection with the Work to be performed under this Contract, the Contractor shall secure the written approval of the County Project Manager before engaging such subcontractor or professional associate. 9. AUDIT The Contractor agrees that the County or any of its duly authorized representatives shall, until the expiration of three years after expenditure of funds under this Contract, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Contractor involving transactions related to this Contract. The Contractor agrees that payment(s) made under this Contract shall be subject to reduction for amounts charged thereto which are found on the basis of audit examination not to constitute allowable costs under this Contract. The Contractor shall refund by check payable to the County the amount of such reduction of payments. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or three years after completion of the project and issuance of the final certificate, whichever is sooner. 10. 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 Contractor in conjunction with this Contract. 11. CONTRACTOR RESPONSIBILITY The Contractor is an independent contractor and is not an employee or agent of the County. Nothing in this Contract shall be interpreted to establish any relationship other than that of an independent contractor, between the County and the Contractor, its employees, agents, subcontractors, or assigns, during or after the performance of this Contract. The Contractor shall take the whole responsibility for the means, methods, techniques, sequences, and production of the Service. The Contractor assumes all risk of loss, damage and destruction to all of his or its materials, tools appliances and property of every description and that of his or its subcontractors and of their respective employees or agents, and injury to or death of the Contractor, his or its employees, subcontractors or their respective employees or agents, including legal fees, court costs or other legal -3 - ~ 'wII expenses, arising out of or in connection with the performance of this Contract. 12. INDEMNITY Contractor agrees to pay on behalf of, protect, defend, reimburse, indemnify and hold the County, its agents, employees, elected officers and representatives and each of them, (hereinafter collectively and for the purposes of this paragraph, referred to as "County"), free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attorney's fees, and causes of action of every kind and character against County by reason of any damage to property or the environment, or bodily injury (including death) incurred or sustained by any party hereto, or of any party acquiring any interest hereunder, any agent or employee of any party hereto or of any party acquiring an interest hereunder, and any third or other party whomsoever, or any governmental agency, arising out of or in incident to or in connection with Contractor's performance under this Contract, the condition of the premises, Contractor's acts, or omissions or operations hereunder, or the performance, non-performance or purported performance of the Contractor of any breach of the terms of this Contract; provided however that Contractor shall not be responsible to County for damages resulting out of bodily injury or damages to property which Contractor can establish as being attributable to the sole negligence of County, its respective agents, servants, employees or officers. Contractor further agrees to pay on behalf of and hold harmless and indemnify County for any fines, citations, court judgments, insurance claims, restoration costs or other liability resulting from its activities on the project, whether or not Contractor was negligent or even knowledgeable of any events precipitating a claim or arising as a result of any situation involving Contractor's activities. Said indemnification by Contractor shall be extended to include all deliverers, suppliers, furnishers of material or anyone acting for. on behalf of, or at the request of Contractor. Contractor recognizes the broad nature of this indemnification and hold harmless clause and voluntarily makes this covenant. In conformance with section 725.06 Florida Statutes, the specific consideration given for the promises of the Contractor set forth with regard to this indemnification and hold harmless clause is $10.00 in hand paid by the County to the Contractor as a portion of the contract price, receipt thereof is hereby acknowledged and the adequacy of which the Contractor accepts as completely fulfilling the obligations of the County under the requirement of section 725.06.Florida Statutes. This indemnification and hold harmless survives acceptance of the service. This clause of the Contract will extend beyond the term of the Agreement for a period of ten (10) years after the date of the acceptance of the Work by the County. 13. INSURANCE Commercial General Liability: The Contractor shall maintain and, prior to commencement of this contract, provide the County with evidence of commercial general liability insurance to include: 1) premises/operations, products/completed operations, (including XCU hazards) and personal and advertising injury for limits -4- '-- ...., of not less than $1,000,000 per occurrence; 2) fire damage for limits of not less than $100,000 per occurrence; 3) medical payments for limits not less than $5,000 per person and 4) a general, per contract/project, aggregate limit of not less than $2,000,000. The policy shall also provide the County wi II be given a thirty (30) day written notice of cancellation or non-renewal and include County as an additional insured. Business Automobile Liability: The Contractor shall maintain and, prior to commencement of this contract, provide the County with evidence of business automobile liability insurance to include: 1) coverage for any automobile for limits of not less than $1,000,000 combined single limit (bodily injury & property damage) per accident and 2) Personal Injury Protection (Florida no-fault) with full statutory limits. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non-renewal and include County as an additional insured. Workers' Compensation and Employers Liability: The Contractor shall maintain and, prior to commence of this contract, provide the County with evidence of workers' compensation insurance providing Florida statutory (Chapter 440, Florida Statutes) limits to cover all employees and include Employers Liability coverage with limits of not less than $500,000 for accidents or disease. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non-renewal. 14. DEFAUL T; TERMINATION A. FOR CAUSE If either party fails to fulfill its obligations under this Contract in a timely and proper manner, the other party shall have the right to terminate this Contract by giving written notice of any deficiency and by allowing the party in default seven (7) calendar days to correct the deficiency. If the defaulting party fails to correct the deficiency within the seven calendar day period, this Contract shall terminate at the expiration of that time period. With regard to the Contractor, the following items shall be considered a default under this Contract: (1) If the Contractor should be adjudged bankrupt, or if he, or it, should make a general assignment for the benefit of his, or its, creditors, or if a receiver should be appointed on account of his, or its, insolvency. (2) If the Contractor should refuse or fail, except in cases for which an extension of time is provided, to supply enough properly skilled workmen or proper material to meet the project schedule or if the Contractor should fail to make prompt payment for materials, or labor or other services entering into the Work. -5- ""' 'will (3) If the Contractor disregards laws, ordinances, or the instructions of the Project Manager or otherwise be guilty of a substantial violation of the provisions of the Contract. (4) Fai Is to perform any of the terms of this Contract or performs work which fai Is to conform to the requirements of this Contract. In the event of termination, the County may finish the service by whatever method it may deem expedient. In such cases, the Contractor shall only be entitled to receive payment for service satisfactori Iy completed prior to the termination date. The County may take possession of and use any materials, plant, tools, equipment, and property of any kind furnished by Contractor to complete the service. If the expense incurred by the County to finish the service exceeds the unpaid balance on this Contract, the Contractor shall pay the difference to the County. The expense incurred by the County as herein provided, and the damage incurred through the Contractor's default, shall be certified by the Project Manager. The Contractor shall be responsible for both liquidated damages attributable to delay and for excess completion costs. The obligations of the Contractor with respect to the warranty and maintenance shall remain in full force and effect for the portion of the service completed by the Contractor and shall not expire until the expiration of the prescribed time period. These clauses shall survive the termination of this Contract. If the County makes a determination pursuant to this Contract to hold the Contractor in default and terminate the Contract for cause and it is subsequently determined that any such determination was improper, unwarranted, or wrongful, then any such termination shall be deemed for all purposes as a termination without cause as described below. The Contractor agrees that it shall be entitled to no damages, allowances or expenses of any kind other than as provided in this Agreement in connection with such termination. B. WITHOUT CAUSE Either party may terminate the Contract without cause at any time upon thirty (30) calendar days prior written notice to the other party. Upon such termination, the Contractor waives any claims for damages from the termination without cause, including loss of anticipated profits, and as the sole right and remedy of the Contractor, the County shall compensate the Contractor for all authorized service satisfactorily and responsibly completed through the termination date. In the event of termination by the Contractor without cause, the following shall apply: (1) the County shall have the right to, at its option, solicit bids for the completion of the unfinished portion of the service, or to negotiate with the number two bidder under the original bid; and (2) the Contractor shall be responsible for all costs over the original Contract amount incurred by the County. in addition to such costs may include advertising, and administrative expenses incurred with the solicitations of bids for the completion of the unfinished portion. In the event of termination without cause by either party, the obligations of the Contractor with respect to the warranty and maintenance shall remain in full force and effect for the portion of the service completed by the Contractor and shall not expire until the expiration of the prescribed time period measured from the final acceptance of the project in its entirety. These clauses shall survive the termination of this Contract. -6- '-' .., 15. NON DISCRIMINATION Contractor covenants and agrees that Contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of the Contract with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex or physical handicaps (except where based on a bonafide occupational qualification); or because of marital status, race, color, religion, national origin or ancestry. 16. VERIFICATION OF EMPLOYMENT STATUS The County will not intentionally award contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions of the Immigration and Nationality Act ("INA"). The Count shall consider the employment by the Contractor of unauthorized aliens a violation of 8 U.S.C. Section 1324a(e) [Section 274A(e) of the INA). The Contractor agrees that such violation by the Contractor shall be grounds for the unilateral cancellation of this Contract by the County. 17. ASSIGNMENT The County reserves the right to freely assign this Contract. The Contractor, however, shall not assign this Contract to any other persons or firm without first obtaining County's written approval. 18. ATTORNEYS' FEES AND COSTS In the event of any dispute concerning the terms and conditions of this Contract or in the event of any action by any party to this Contract to judicially interpret or enforce this Contract or any provision hereof, or in any dispute arising in any manner from this Contract, subject to the provisions of Section 768.28, Florida Statutes and in no way altering the extent of the County's liability under 768.28, Florida Statutes, the prevailing party shall be entitled to recover its reasonable costs, fees and expenses, including but not limited to, witness fees, expert fees, consultant fees, attorney, paralegal and legal assistant fees, costs and expenses and other professional fees, costs and expenses, whether suit be brought or not, and whether any settlement shall be entered in any declaratory action, at trial or on appeal. The liability of the Contractor and its surety or sureties for such fees and costs is joint and several. 19. NOTICES All notices, requests, consents, and other communications required or permitted under this Contract shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: -7- '-' ...., As To County: With A Copy To: St. Lucie County Administrator Administration Annex 2300 Virginia Avenue Ft. Pierce, FL 34982 St. Lucie County Attorney Administration Annex 2300 Virginia Avenue Ft. Pierce, FL 34982 As To Contractor: Treasure Coast Courier Service, Inc. Post Office Box 12192 Fort Pierce, FL 34979 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. 20. NON-WAIVER The rights of the parties under this Contract shall be cumulative and the failure of either party to exercise properly any rights given hereunder shall not operate to forfeit any of the said rights. 21. 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. The Contractor further represents that no person having any interest shall be employed for said performance. . The Contractor shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Contractor's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of service 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 -8- '-' ...., option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Contractor under the terms of this Contract. 22. DISPUTE RESOLUTION Any disputes relating to interpretation of the terms of this Contact or a question of fact or arising under this Contract shall be resolved through good faith efforts upon the part of the Contractor and the County or its Project Manager. At all times, the Contractor shall carryon the service with the requirements of the Contract and the determination of the County or its representatives, pending resolution of the dispute. Any dispute which is not resolved by mutual agreement shall be decided by the County Administrator who shall reduce the decision to writing. The decision of the County shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent, capricious, arbitrary, so grossly erroneous as to necessarily imply bad faith, or not be supported by substantial evidence. 23. MEDIA TION Prior to initiating any litigation concerning this Contract, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in ony subsequent proceeding concerning the disputed issue. 24. INTERPRETATION: VENUE This Contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Contract may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Contract shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Contract, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement in counterparts each of which shall be treated as an original upon the terms and conditions above stated. -9- ~ ..., WITNESSES: TREASURE COAST COURIER SERVICE, INC. BY: f0~bn.A- S .~ Print Name: D ~ s F-I~+ Title: Þr~~clw G,\" TlY\vw\ Trecuurc Ccast Couri... Scnice.wpd -10- '-' AGENDA REQUEST 1:rtM NO. C-5-C -"lIlt DATE: August 27, 2002 REGULAR [ 1 HEARING [ 1 CONSENT [Xl TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): PurchasinQ Michael Rath, Purchasina Director SUBJECT: First Amendment to Contract No. COO-09-539 with Harbor Branch Oceanographic Institute, Inc. BACKG ROUND: On September 28, 2000 the Board of County Commissioners approved a contract with Harbor Branch Oceanographic Institute, Inc. to provide professional sampling and analytical services. The Consultant is changing their name from Harbor Branch Oceanographic Institute, Inc. to Harbor Branch Environmental Laboratory, Inc. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval of the first amendment to the contract with changing the name to Harbor Branch Environmental Laboratory, Inc., and authorization for the Chairman to sign the amendment as prepared by the County Attorney. [)( APPROVED [] DENIED [ ] OTHER: COMMISSION ACTION: County Attomey:(X) ,,.-î '--" ;,./ if Mgt. & Budget (X) Originating Dept: Rnance: (Check lor Copy only, il Applicable) Other: I ¿if! Purchasing Mgr.:(X) .1. ~ ~ Other: Elf. 1197 ~ . """,¡ FIRST AMENDMENT TO AGREEMENT FOR LABORATORY SERVICES TillS FIRST AMENDMENT, made and entered into this day of 2002, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County", and HARBOR BRANCH ENVIRONMENTAL LABORATORY, INC., hereinafter referred to as the "Consultant". WIT N E SSE T H: WHEREAS, on September 28, 2000, the parties entered into an Agreement for field collection and analytical services; and WHEREAS, Harbor Branch Oceanographic Institute, Inc. has changed their name to Harbor Branch Environmental Laboratory, Inc. NOW, THEREFORE, in consideration of the mutual promises contained herein, the original Agreement of September 28,2000, is hereby amended by changing the name of the Harbor Branch Oceanographic Institute, Inc. to Harbor Branch Environmental Laboratory, Inc. Except as amended herein, the remaining terms and conditions of the original Agreement of September 28, 2000, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed or have caused this First Amendment to be duly executed in several counterparts, each of which counterpart shall be considered an original executed copy of this First Amendment. ATTEST: '-' DEPUTY CLERK ATTEST: g:/atty/agreemntl1amendlbarborbranch. ..." BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY HARBOR BRANCH ENVIRONMENTAL LABORATORY, INC. BY: Print Name: Title: j.~(.:-' . ~ -;,.. r' ~ ,:~:,~' ::: =-:: "--Z-~\ ~ --, - I '-' <~ ./~:-~._-.: .~,~><>7 '~\~ ~ LJ ..", AGREEMENT FOR LABORATORY SERVICES " -,-~ /¡ ;( , THIS AGREEMENT, made and entered into this ;;I. '- day of ~t1 ;~/:};¿/~ ,2000, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County", and HARBOR BRANCH OCEANOGRAPHIC INSTITUTE, INC., hereinafter referred to as the "Consultant". WIT N E SSE T H: WHEREAS, the CountY desires to retain the professional services of the Consultant to provide sampling and analytical services; and WHEREAS, the Consultant desires to provide the County with these services. 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 ønd agreed as follows: 1. GENERAL SCOPE OF THIS AGREEMENT -'¡' The relationship of the Consultant to the County will be solely that of a consultant. The Consultant is an independent contractor and is not an employee or agent of fhe 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. The Consultant will provide the professional and technical services required for the successful completion of this Agreement in accordance with practices acceptable within the industry and good ethical standards. 2. SCOPE OF WORK The scope of work to be performed by the Consultant under this Agreement is field collection and analytical services as set forth in the following: A. Consultant's· Submittal for RFP # 00-24 Contract Laboratory Services ," dated March 29,2000, incorporated herein by this reference and made a part hereof g:\atty\agreemnf\harbar branch - lab Page 1 of 12 "-' .." as Exhibit" A". A copy of Exhibit" A n is maintained at the Office of the County Attorney. B. St. Lucie County Request for Proposal No. 00-24 - "Contract Laboratory Services" including Addendum 1, incorporated herein by this reference and made a part hereof as Exhibit "B". A copy of Exhibit "B" is maintained at the Office of the County Attorney. All of the terms, conditions and representations set forth in Exhibits" A" and "B" shall be binding on the parties except that any conflict between Exhibit" A" and Exhibit" B" shall be interpreted in favor of Exhibit "B" and ony conflict between either Exhibit "A" or Exhibit "B" and this Agreement shall be interpreted in favor of this Agreement. 3. PROJECT MANAGER The Project Manager for the County is Leo J. Cordeiro at (561)462-1631. TheProject Manager for the Consultant is Kathleen M. Cooney at (561) 465-2400 Ext. 291. . The parties shall direct all matters arising in connection with the performance of this Agreement, other.than invoices and notices, to the attention of the Project Managers for attempted resolution or action. The Project Managers shall be responsible for overall resolution or action. The Project Managers shall be responsible for overall coordination and ov. ersight relating to the performance of this Agreement -!'JU' ~ .; A il " I )F ~ '. ;:1/ % C ., ì1 "kêO "/1 Co -? ~a 4. ;(" /"""'. / _ /i;.", - I~ ¡,,'~ The initial term of this Agreement shall be for five (5) years. The parties reserve the tion to extend this Agreement ms 0 one year each upon such terms on con ItlOns as are agreed to by the parties. In order to exercise these options, the parties must agree to do so in writing no later than thirty (30) days prior to the termination date of the then current term. 5. TIME OF PERFORMANCE The Consultont shall begin work, as it relates to the St. Lucie County Public Works Department and all other County departments upon the execution of this Agreement. All services to be provided by the Consultant under this Agreement shall be authorized by the County Project Manager or his designee. The Consultant fully understands and agrees that the County shall not pay for any obligation or expenditure made by the Consultant, unless g:\atfy\agrumnt\harbor bl'Qnch - lab Page 2 of 12 \r ." authorized by the County as provided herein. The time of performance shall be established by the County Project Manager and agreed to by the Consultant. 6. COMPENSATION The Consultant shall be compensated for all analytical and sampling fees as set forth in Section 4 of Exhibit "A". 7. DEFAULT: TERMINATION A. FOR CAUSE If either party fails to fulfill its 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 seven (7) calendar days to correct the deficiency. If the defaulting party fails to correct the deficiency within this time, this Agreement shall terminate at the expiration of the seven (7) calendar day time period. With regard to the Consultant, the following items shall be considered a default under this Agreement: (1) If the Consultant should be adjudged bankrupt, or if he, or it, should make a general assignment for the benefit of his, or its, creditors, or if a receiver should be appointed on account of his, or its, insolvency. (2) If the Consultant should persistently or repeatedly refuse or fail, except in cases for which an extension of time is provided, to provide the services contemplated by this Agreement. (3) If the Consultant disregards laws, ordinances, or the instructions of the Project Manager or otherwise be guilty of a substantial violation of the provisions of the Agreement. In the event of termination, the Consultant shall only be entitled to receive payment for work satisfactorily completed prior to the termination date. 9: \atty\agreemnt\harbor branch - lab Page 3 of 12 '-' 'WI 8. 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 County shall compensate Consultant at the rates set forth herein, for the services performed by consultant hereunder, up to the 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 Agreement upon ten (10) days prior written notice to the other 'party. 9. ASSIGNMENT The County and 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 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. The Consultant agrees that the persons named in Exhibit" A" shall provide services as described therein. The services of the person(s) so named are a substantial inducement and material consideration for this Agreement. In the event such persons can no longer provide the services required by this Agreement, the Consultant shall immediately notify the County in writing and the County may elect to terminate this Agreement without any liability to the Consultant for unfinished work product. The County may elect to compensate the Consultant for unfinished work product, provided it is in a form that is sufficiently documented and organized to provide for subsequent utilization in completion of the work product. 10. SUBCONSUL T ANTS AND SUBCONTRACTORS In the event Consultant requires the services of any subconsultant, subcontractor or professional associate in connection with the services to be provided under this Agreement, Consultant shall secure the written approval of Project Manager before engaging such subconsultant, subcontractor or professional associate. g:\atty\c.greemnt\harbor branch - lab Page 4 of 12 '-' ..." 11. AUCIT The Consultant 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 Consultant involving transactions related to this Agreement. The Consultant 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 notto constitute allowable costs under this Agreement. The Consultant shall refund by check payable to the County the amount of such reduction of payments. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or three years after completion of the project and issuance of the final certificate, whichever is sooner. 12. PUBLIC RECORDS The Consultant shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or re.ceived by the County in conjunction with this Agreement. 13. INSURANCE The Consultant shall procure and maintain during the life of this Agreement insurance of the types and subject to the limits set forth below. The Consultant shall also provide the County with evidence of this insurance in the form of Certificates of Insurance which shall be subject to the County's approval for adequacy. The County shall be an Additional Insured on policies of Commercial General Liability, and Commercial Auto Liability with respect to all claims arising out of the work performed under this Agreement. The County shall be given thirty (30) days prior written notice of any material changes or cancellations of the policies. If subcontractors are used by the Consultant, it shall be the responsibility of the Consultant to ensure that all its subcontractors comply with all the insurance requirements contained herein relating to such subcontractors. All insurance companies providing insurance under this Agreement shall be licensed and authorized to do business in the State of Florida. These companies shall have a general policy holders rating of A or better and a financial rating of X or better according to the latest edition of Best's Key Rating Guide, published by A.M. Best Company or equivalent. Any deductibles or self-insured retention must be declared to and approved by the County. At the option of the County, either the insurer shall reduce or eliminate such deductibles or self insured retention with respect to the County, its elected and appointed g: \atty\agreemnt\hQrbor branch - lab Page 5 of 12 ~ .....I officials, employees, or the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: A. WORKERS' COMPENSATION The Consultant shall provide and maintain during the life of this Agreement, at his, its or their own expense, Workers' Compensation insurance coverage to apply for ail employees for Florida statutory limits. Coverage B, Employers Liability, shall be written for a minimum liability at $100,000.00 per occurrence. B. COMMERCIAL GENERAL UABIUTY The Consultant shall provide and maintain during the life of this Agreement, at his, its or their own expense, Commercial General Liability insurance on an occurr~ce basis for a minimum combined single limit of $1,000,000.00 per occurrence, for claims of bodily injury including death, property damage and personal injury. The coverage Contractual Liability shall be irlcluded. C. COMMERCIAL AUTO UABIUTY The Consultant shall provide and maintain during the life 'of this Agreement, at his, its or their own expense, Business Commercial Auto Liability for claims of bodily injury and property damage for minimum limits of $100,000.00 combined single limit. D. PROFESSIONAL UABILI"N The Consultant shall provide and maintain during the life of this Agreement, at his, its or their own expense, Professional Liability insurance on an occurrence basis for a minimum of $1,000,000.00. E. OTHER INSURANCE PROVISIONS The General Liability and Auto Liability policies shall contain or be endorsed to contain, the following provisions: 1. The County, its Officers, Officials, and Employees, are to be covered as additional insureds for any and all liability arising out of the Consultant's performance of g:\aTty\agreemnt\harbor branch -lab Page 6 of 12 "-' ...., this Agreement, or out of automobiles owned, leased, hired, or borrowed by the Consultant. The coverage shall contain no special limitations on scope of protection offered to the County, its Officers, Officials, and Employees. 2. The Consultant's insurance coverage shall be primary insurance as respects the County, its Officers, Officials, and Employees. Any insurance or self-insurance maintained by the County, its Officers, Officials, and Employees shall be in excess of the Consultant's insurance and shall not contribute with it. 3. Any failure to comply with the reporting provisions of the policy shall not effect coverage provided to the County, its Officers, Officials, and Employees. 4. The Consultants insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits ~f insurer's liability. 14. INDEMNIFICATION The Consultant covenants and Qgrees at all times to save, hold, and keep harmless the County, its Officials and Employees and indemnify the County, its Officials and Employees against any and all claims, demands, penalties, judgments, court costs, attorney's fees, and liability of every kind and nature whatsoever arising out of or in any wœ¡ connected or arising out of the Consultant's negligent performance of this Agreement. This indemnification shall be to the extent òf the insurance requirements set forth in this Agreement. The Consultant hereby acknowledges that the pœ¡ments made hereunder this Agreement include specific consideration for the indemnification provided herein. 15. PROHIBITION AGAINST CONTINGENT FæS The Consultant warrants that it 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 pœ¡ any persons, company, corporation, individual or firm, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, gift or any other consideration, contingent upon or resulting from the award of making this Agreement. 16. ATTORNEYS' FEES AND COSTS In the event of any dispute concerning the terms and conditions of this Agreement or in the event of any action by any party to this Agreement to judicially interpret or enforce g:\atty\agr22mnt\harbor branch· lab Page 7 of 12 '-'" ..."" this Agreement or any provision hereof, or in any dispute arising in any manner from this Agreement, subject to the provisions of Section 768.28, Florida Statutes and in no w~ altering the extent of the County's liability under 768.28, Florida Statutes, the prevailing party shall be entitled to recover its reasonable costs, fees and expenses, including but not limited to, witness fees, expert fees, consultant fees, attorney, paralegal and legal assistant fees, costs and expenses and other professional fees, costs and expenses, whether suit be brought or not, and whether any settlement shall be entered in any declaratory action, at trial or on appeal. 17. NON DISCRIMINAiION The Consultant covenants and agrees that the Consultant shall not discriminate against any employee or applicant for employment to be employed in the performance of the Agreement with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex or physical handicaps (except where based on a bonafide occupational qualification); or because of marital status, race, color, religion, national origin or ancestry. 18. VERIFICAiION OF EMPLOYMENT STATUS The -Consultant agrees that it shall bear the responsibility for verifying the employment status, under the Immigration Reform and Control act of 1986, of all persons it employs in the performance of this Agreement.· 19. NOTICE All notices, requests, consents, and other communications required or permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courièr service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: As To County: With A Copy To: ,¡ St. Lucie County Administrator Administration Annex 2300 Virginia Avenue Fort Pierce, FL 34982 St. Lucie County Attorney Administration Annex 2300 Virginia Avenue Fort Pierce, FL34982 g:\atty\agreemnt\harbor brgnc:h - lab Page 8 of 12 '-'" As To The Consultant: Harbor Branch Oceanographic Institute, Inc. 5600 U.S. Highway 1 North Fort Pierce, Florida' 34954 ...., St. Lucie County Solid Waste Manager Administration Annex 2300 Virginia Avenue Fort Pierce, FL 34982 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. 20. 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. 21. TRUTH-IN-NEGOTIATION CERTIFICATE Execution of this Agreement by Consultant shall act as the execution of as 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 execution of the Agreement. The original Agreement rates and any additions thereto shall be adjusted to exclude any significant sums by which County determines the Agreement rate(s) was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such rate adjustments shall be made within one year following the end of this Agreement. 9: \atty\agrzemnt\hlll'bor branch - lab Page 9 of 12 '-' .., 22. NON-WAIYE!< The rights of the parties under this Agreement shall be cumulative and the failure of either party to exercise properly any rights given hereunder shall not operate to forfeit any of the said rights. 23. 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 wíth 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 other circumstance which may influence or appear to influence the Consultant'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 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 Q. 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 in the notification and the Consultant shall, at hislher 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 24. LITIGATION SERVICES It is understood and agreed that the Consultant's services under this Agreement do not include any participation, whatsoever, in any litigation. Should such services be required, a supplemental agreement may be negotiated between the County and the Consultant describing the services desired and providing a basis for compensation to the Consultant. 25. DISPUTE RESOLUTION Any disputes relating to interpretation of the terms of this Contact or a question of fact or arising under this Contract shall be resolved through good faith efforts upon the part g:\atty\agreemnt\harbor branch - lab Page 10 of 12 '-"- ...., of the Contractor and the County or its Project Manager. At all times, the Contractor shall carry on the work and maintain its progress schedule in accordance with the requirements of the Contract and the determination of the County or its representatives, pending resolution of the dispute. Any dispute which is not resolved by mutual agreement shall be decided by the County Administrator who shall reduce the decision to writing. The decision of the County shall be final and conclusiv~ unless determined by a court of competent jurisdiction to be fraudulent, capricious, arbitrary, so grossly erroneous as to necessarily imply bad faith, or not be supporte~~y. substantial evidence. " ,-I 26. MEDIATION' .Prio~ toinìfkitjl\~iany litigation concerning this Contract, the parties agree to submit the disputed is~u~9r, issues to a mediator for non-binding mediation. The parties shall agree on a mediator cftosen 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 partr~. 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. .' . ._ .....~ ... 27. 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. Thi~ Agreement may only be amende~. by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. (THE NEXT PAGE IS THE SIGNATURE PAGE) g:\atty\agreemnt\hal'bor branch - lab Page 11 of 12 \..t .., IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated on the day and year first above written. ATTEST: ATTEST: {I ¿.tl:/,I 1--- RETARY-- lcurdes T. Will1aven Grants/Ca1tracts Pd1rirri.strata g:\atty\agrumnt\harbor branch· lab BOARD OF COUNlY COMMISSIONERS ST. LUaE £OUNTY, FLORtðA ~ /) . i,J:y -'. BY: IfdL J. J. ., .......~. . c APPROVE£> AS TO FORM AND \ CO ,'(REqNE~:') f{6j/jl$k/ . ~ , couz;ttorney HARBOR BRANCH OCEANOGRAPHIC "' INSTITUTE, INC. Page 12 of 12 , ~ AGENDA REQUEST ~M NO. C-5-D DATE: August 27,2002 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. 02-095, St. Lucie Fairgrounds Reverse Osmosis Water Treatment Plant BACKGROUND: On August 7,2002 bids were opened for the construction of the St. Lucie Fairgrounds Reverse Osmosis Water Treatment Plant. One thousand six hundred twenty-six (1626) vendors were notified, ninety-five (95) 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, Wharton-Smith, Inc., in the total amount of $287,000. Recommendation and tabulation attached. FUNDS AVAILABLE: Funds 'will be made available in Improvements other than Buildings Account No. 316-7420-563000-7655. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends award of Bid No. 02-095, St. Lucie Fairgrounds Reverse Osmosis Water Treatment Plant to the low bidder, Wharton-Smith, Inc., in the total amount of $287,000 and authorization for the Chairman to sign the contract as prepared by the County Attorney. COMMISSION ACTION: [)I APPROVED [] DENIED [ ] OTHER: County Attorney(X) C"I/,,", ,¿J ,...- Purchasing Mgr.:(X) ,.., l,:{"-/ , Originating Dept:: Other: Other: Finance: (Check for Copy only, if Applicable) Eff.1/97 ~ I- Z ~ ..J a.. I- z w en :!E 0::11) ~ wo) w Zo 0' 0:: _N I- enO 0:: >-~g w I-:!:m I- Z:!:' « :JOI- 3: °UW ~ U W W~J: en UZen 0 :!: :J:JZ en ...JOO 0 'U- tiu.1- W 0:5 en 0:: O::J W o::DJ > «<C w :!: Ol- D:: a. m en 0 0 0 .. Z N ::J @) 0 D:: N (!) 0 0:: 0 N <C .....~ u. >- I- en I- :J Z en (!) :J ~ 0 0:: :J U 0 « W 3: U U 0 W ::J ::¡ Z ..J m W r-= :J a. en a. 0 0 0 0 0 0 0 0 - c::i , m 0 0 0 0 0 W 0 O~ 0 en ~ 0) II)~ « CO 0) 0 m N N M ~ ~ ~ . U Z - en 0:: 0 I- U en U ~ 0:: 0 Z I- U - Z 0 ui Z Z 0 - W U W ~ - > J: (!) Z I- 0 (!) -..J ...J :!ELL. O..J en en- W..J ,w ZLL. ZO J:u.i 0LL. 00:: U::! «~ I-z w> 00:: o::~ _<c I-C/) o::c.. «W W (!)Z OW J:~ en<c ...J~ 3::3 1-<.7 u.:3 ..." lQ 10 C") N en lQ ..... .,;' e W I- ::::> m .,;' ~ e I- W C/) ¡¡ ë ¡:: C/) 0 l- e Z Z W C/) W > !!:! :¡¡ W Z ::::> () <c () W E 0 0:: c.. e 0 :¡¡ C/) tJ 0 e e ..: õ5 õ5 (t () .... (/ LL. LL. LL. "'C 0 0 0 c: 0:: 0:: 0:: (t E W W W ( ) m m m "'C :2 :2 :2 .... ::l ::l ::l ø Z Z Z . From: To: Date: Subject: Mike Bowers Rath, Michael Friday, August 16, 2002 1 0:35AM Bid 02-095 Mike, after careful review we recommend awarding bid 02-095, the reverse osmosis water plant to Wharton-Smith, Inc in the amount of $287,000...mike cc: RAYMOND WAZNY , AGENDA REQUEST I'I"!!'M NO. C-5-E DATE: August 27,2002 REGULAR [ ] HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Purchasinq Michael Rath, Purchasinq Director SUBJECT: Extension of Contract No. C01-1 0-591 with Ronald L. Book and The Rubin Group, Inc. BACKGROUND: On September 11, 2001 the Board of County Commissioners approved a Consultant Agreement with Ronald L. Book, P.A. and The Rubin Group, Inc. to provide necessary legislative relations and lobbying services to the County. The Agreement allows for the terms and conditions to be extended. Staff is now recommending that the Board authorize the first extension to the Agreement. FUNDS AVAilABLE: Funds are available in Account No. $ 57,500.00 County Administration, Professional Services 001-1210-531000-100 $ 20,000.00 Sanitary Landfill Fund, Solid Waste, Professional Services Physical Environment 401-3410-531000-300 $ 10,000.00 Economic Development, Professional Services Foreign Trade Zone 001-1515-531000-4907 PREVIOUS ACTION: The Board ranked and recommended Ronald L. Book, P.A. and The Rubin Group, Inc. for Lobbyist Services on September 6,2000. RECOMMENDATION: Staff recommends approval of the extension of the agreement with Ronald L. Book, P.A. and The Rubin Group, Inc., through September 30,2003, and authorization forthe Chairman to sign the extension as prepared by the County Attorney. COMMISSION ACTION: CE: [XJ APPROVED [] DENIED [ ] OTHER: County Atto rney: (X) Coordination/Sienatures .. ~ I' :J '1 ~ Mgt. & Budget (X},.;¡I.., "< ,(~rn· .'- Purchasing Mgr.:(X) ,. " ..-- Originating Dept: Other: Other: Finance: (Check for Copy oniy, if Applicable) Err. 1/97 .. "'-' ...",,¡ EXTENSION OF CONSULTANT AGREEMENT BETWEEN ST. LUCIE COUNTY AND RONALD L. BOOK, P.A. AND THE RUBIN GROUP, INC. THIS EXTENSION made this day of , 2002, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida (County), and RONALD L. BOOK, P.A. AND THE RUBIN GROUP, INC., or his, its or their successors, executors, administrators and assigns (Consultant). WHEREAS, on September 11, 2001 the parties entered into an Agreement (the "Agreemenf') whereby the Consultant agreed to provide necessary legislative relations and lobbying services to the County; and WHEREAS, the parties have agreed to extend the terms of this Agreement. NOW, THEREFORE, inconsideration of the premises and the mutual benefits which will accrue to the parties hereto in extending the Agreement, the term of the Agreement is hereby extended through and including September 30, 2003 on the same terms and conditions. IN WITNESS WHEREOF, the County has hereunto subscribed and the Consultant has affixed his, its, or their names, or name, and the date aforesaid. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: THE RUBIN GROUP, INC. By: PRESIDENT RONALD L. BOOK, P.A. By: RONALD L. BOOK LC~-- ~~-5~) /~ ./--~~"-_-~'-",~.~'7 ,_...~ í \,'~/"k~// ¡. -- '-- - "'" CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this...lL- day of 1d-2)'" ~;";;,,- 2001, by and ¡ between ST. LUCIE COUN1Y, a political subdivision of the State of Florida, hereinafter referred to as the "Countyll,and RONALD L. BOOK, P.A. and THE RUBIN GROUP, INC. hereinafter referred to as the IIConsultantll. WITNESSETH: WHEREAs, the County desires to retain the professional services of the Consultant to coordinate the County's legislative relations and provide lobbying services; and, WHEREAS, the Consultant desires to provide the County with such servi'ces. 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. GENERAL SCOPE OF THIS AGREEMENT The relationship of the Consultant to the County will be solely that of a consultant. 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. The Consultant will provide the professional and technical services required for the successful completion of this Agreement in accordance with practices generally acceptable within the industry and good ethical standards. 2. SCOPE OF WORK' Consultant shall provide necessary legislative relations and lobbying services to the County. These services shall include work for the purpose of securing funds and grants in g: \atty\agreemnt \ Book -Rubi n -1- '-" 'WIll achieving the County's objectives. Consultant shall be guided by a statement of objectives to be adopted by the County. The Consultant shall provide a monthly report to the County Administrator on the status of the Consultant's efforts. 3. PROJECT MANAGER The Project Manager for the County is Douglas M. Anderson at (561) 462-1450. The Project Manager for the Consultant is Ronald L. Book at (305) 935-1866. The parties shall direct all matters arising in connection with the performance of this Agreement, other than invoices and notices, to the attention of the Project Managers for attempted resolution or action. The Project Managers shall be responsible for overall resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Agreement. 4. TERM The term of this Agreement shall be for one (1) year beginning on October 1, 2001. The parties may mutually agree to extend the term of this Agreement. 5. COMPENSATION The Consultant shall be compensated for all services rendered under this Agreement as follows: Eighty-seven thousand five hundred and 00/100 ($87,500.00) dollars per year payable in equal monthly installment payments on or before the 20th day of each month of the term of this Agreement beginning October 20, 2001. This includes out of pocket expenses. All invoices presented to the County for payment shall be on a Request for Payment form approved by the County. 6. TERMINATION Either party may terminate the Agreement without cause at any time upon fifteen (15) calendar days prior written notice to the other party. In the event of termination, the County shall compensate the Consultant for all authorized work satisfactorily performed through the termination date. g: \atty \agreemnt \Boo k-Ru bi n -2- '-" -....I 7. ASSIGNMENT The County and 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 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. The Consultant agrees that the persons named in the scope of work shall provide services as described therein. The services of the person(s) so named are a substantial inducement and material consideration for this Agreement. In the event such persons can no longer provide the services required by this Agreement, the Consultant shall immediately notify the County in writing and the County may elect to terminate this Agreement without any liability to the Consultant for unfinished work product. The County may elect to compensate the Consultant for unfinished work product, provided it is in a form that is sufficiently documented and organized to provide for subsequent utilization in completion of the work product. 8. SUBCONSUL T ANTS AND SUBCONTRACTORS In the event the Consult'ant requires the services of any subconsultant, subcontractor or professional associate in connection with the services to be provided under this Agreement, Consultant shall secure the written approval of County Project Manager before engaging such subconsultant, subcontractor or professional associate. 9. AUDIT The Consultant 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 Consultant involving transactions related to this Agreement. The Consultant 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 Consultant shall refund by check payable to the County the amount of such reduction òf 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 \09 reemnt \ Boo k-Rub ì n -3- .\wr .."" 10. PUBUC RECORDS The Consultant 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 Consultant in conjunction with this Agreement. 11. INSURANCE The Consultant shall carry lawyer's professional malpractice insurance or other form of insurance satisfactory to the County's Risk Manager which shall provide coverage of not less than $500,000. A current certificate of insurance shall be provided the County's Risk Manager. 12. NOTICE All notices, requests, consents, and other communications required or permitted under this Agreement shall be in writing and shall be (as elected by the person giving s'uch notice) hand delivered by messenger or couri.er service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: As To County: St. Lucie County Administrator Administration Annex . 2300 Virginia Avenue Fort Pierce,. Pierce, FL 34982 With A Copy To: St. Lucie County Attorney Administration Annex 2300 Virginia Avenue Fort Pierce,. Pierce, FL 34982 As To The Consultant: Ronald L. Book Concorde Center 2 2999 Northeast 191 Street, PH-6 Aventura, Florida 33180 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. 9; \atty \a9 reemnt \ Book-Ru bin -4- ~ ""'" 13. 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. 14. NON-WAIVER The rights of the parties under this Agreement shall be cumulative and the failure of either party to exercise properly any rights given hereunder shall not operate to forfeit any of the said rights. 15. PRIORITY Consultant shall not be prohibited from representing or providing like services to other persons and entities besides the County, so long as the Consultant shall avoid any representation or relation which would create a conflict of interest, as determined by the County Administrator. Further, Consultant shall not accept any client or matter which would jeopardize the Consultant's ability to devote the time, resources and effort necessary to fulfill all obligations to the County. 16. DISPUTE RESOLUTION Any disputes relating to interpretation of the terms of this Contact or a question of fact or arising under this Contract shall be resolved through good faith efforts uþon the part of the Contractor and the County or its Project Manager. At all times, the Contractor shall carryon the work and maintain its progress schedule in accordance with the requirements of the Contract and the determination of the County or its representatives, pending resolution of the dispute. Any dispute which is not resolved by mutual agreement shall be decided by the County Administrator who shall reduce the decision to writing. The decision of the County shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent, capricious, arbitrary, so grossly erroneous as to necessarily imply bad faith, or not be supported by substantial evidence. 17. MEDIATION Prior to initiating any litigation concerning this Contract, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation. The parties shall agree on a mediator chasen 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 g: \at~!\agreemnt \Bao k-Rubin -5- '-" ..., 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. 18. INTERPRETATION; VENUE This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the parties hereto have accepted, made and exècuted this Agreement upon the terms and conditions above stated on the day and year first above written. . "..;¡ ATTEST: ~~ I SECRETARY . g: \atty\agreemnt\Boo k-Rubi n BOARD OF COUNlY COMMISSION~K5 - ".~""'" ST. LUCIE COUNTY, FLORIDA ~ -.-L/ /1 j / ¡ // \/// , . /- . ~i /' - BY: -"" .1~¡¿.~~~"~,, J \. .7J ~~l..,.""'.~d ~"-7"'''-_''''-__,... ~ D i , couNTY ATT I NEY f-/ THE RUBIN GROUP, INC. ~ J BY: ~[) j~'\ PRESIDENT ( -6- ~ ..,tI AGENDA REOUEST ITEM NO. C-6 A REVISED DATE: August 27,2002 REGULAR [ PUBLIC HEARING [ I CONSENT [ X I TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Office of Management & Budget PRESENTED BY: Marie Gouin SUBJECT: Budget ,Resolution 02-2B -to -A-prropJ1oJt ~ ~Oîfv Mrl BACKGROUND: In August 2002, St. Lucie County received check numbers #4606746 and #4624814 for a total amount of$32,000 from AT&T for underpayment of Franchise Fees for the audit period listed below. County Administration is seeking Board's approval to utilize these funds to pay for unanticipated Legal Fees. FUNDS A V AILABLE: See attached Budget Resolution 02-213 PREVIOUS ACTION: TCl of Northern New Jersey, Inc. (Franchisee") Marketing services as AT&T Broadband, has Franchise Agreements with St. Lucie County. The franchise fee under payment identified during the independent audit was made by Franchisee to the County for the eight months ending December 31, 1998; all of 1999; all of 2000 and the nine months ending September 30, 200 I (the "Audit Period"). RECOMMENDATION: Staff recommends the Board approve Budget Resolution 02-213 recognizing the funds in the amount of$32,000 in the General Fund and appropriating them for Administration Legal Fees. oug Anderson County Administrator COMMISSION ACTION: []I APPROVED [] DENIED rot OTHER: PWorks Dept: Ü1.. Coordination/Signatures Lf4 Management & Budget: ~{ fI/V(ltrurChaSing: Central Services: Finance: (Check for Copy only, if applicable) X County Attorney: XX Other: Anyone with a disability requiring accommodation to attend this meeting should contact the 51. Lucie County Community Services Manager at 561- 462-1777 or TOO 561-462-1428 at least forty-eight (48) hours prior to the meeting. \w RESOLUTION NO. 02-213 .." 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 in the form of Franchise Fees in the amount of $32,000. 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 27TH day of August, 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 001-1210-315000-100 Local Communication Services $32,000 APPROPRIATIONS 001-1210-531000-100 Professional Services $32,000 After motion and second the vote on this resolution was as follows: Commissioner Doug Coward Commissioner Cliff Barnes Commissioner John D. Bruhn Commissioner Frannie Hutchinson Commissioner Paula A. Lewis PASSED AND DULY ADOPTED THIS 27TH DAY OF AUGUST, 2002. ArrEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY ATs.T Broadb~ llC - ---' ~":'J: : A=!J~ts Payabla - P.O. Box 173805 ""'CHECK 4606746 ':;:;:' . D~~1":ar. co 80217 ·3805 - (877) 493-õS25 NO. INVOICE NO. - INV, DATE I DESCi'¡¡PTION I DISC. I PAYM"NT AMT IOI206-a1U02 22-JUL412 UHOWATHET OF FiUJiCHISE fEES FOR THE AUDIT PŒOO 0.00 20,000.00 I I I I I I I I I . I . - i . . I I I I I I I I I I , i I I I 'I r\ Ix \ ,~ ~ 'r i ,0 ~\, jv i \ '..J . V v' \ Î\ lY Ì\\6 b ~ \'-" U' I VENDOR #1 68670 I CHECK DATE Jul 29. 2002 I CHECK AI,IOUNT I ··-lO,OOO.OO I Jæ ., .. - - ":: ~ .~~. ::::;: .~.; , ~ - ~ I THIS OOCUMeHT IS VOIO IF ;UC¡(GllCU. Accounts Payable P.O. Box 173805 Denver, CO 80217--3805 (87T¡ 493-652$ ==. == AT&T Broadband '""=' PAY EXACTLY Tw.nco/ Thousand Do{(ars and no c.nts. Sf LUCIE COUNTY FL TO THE 2300 VIRGINIA AVE ORDER FT PIERCE FL 34982-5652 OF ' MaLON 3.Jr.NK., N.^ ~1i'i'SSUrtCM, ~S'lNSY1.}'ANlA - < " \ -- 'r ~: Q\~ :; ".; \ in 1 ¡ 1'1,1, I' 'wll[ I ,'" ,. ~ ': ,e ¡-'lll "'- i"; .1, I" ;"'II " - - ,: 'I! ! I :. !!I AUG - 2. 2002 ¡ ~r \ . , . ~ R¡¡O I N~7~~CE~ 4606746 ~ <33 VENDOR NO. I 68670 DATE I Jut 29,2002~1'; AMOUNT . 1~"*·*20JOOO.OO-1 ~ AT&.i3RC~"iO.L~C. ~ VCiOA~ 1ê-J JrllYS ~ ~ ~ ~ ~ 4-k~(p, ~ ' A.L,..-=:=rir~d Sig:1er ~ M&T Broadban\.... '.c , ~ "INVOICENO.. ... 10120ó-lll110l _- . . INV. DATE 11- Ul~l A=unts Payable - POBox 1 7'38C:5 Denver CO 80217-3805 - (l3in 493-õ526 ". . DESCRIPTION 11 illl-œHlCOST RfCOYUT fOR IT LUOE coum ,R 'HECK 4624814 ...J NO. DISC. PAYMENT AMi" I 0.00 12,000.00 ¡ d ~ ....". I I I I I I i I i i I i -; :..; ":'(:: -'. ~? ~~ G-- - .__...._.._-..~ MAMA - ~~~¡;¡.;. l I· ~:f.ê,_~~":l:T I ALJ~ 2 2 2J02 ; I -- i i " i "'... LoU......:: ~~l' n:~.n,'~~.-.1 L-.."_ -_ "_.""~ VENDOR #1 um I CHECK DATEIAI~ 16, 2002 I CHECK AMOUNT I ........ILUI.œO I 1.--' ~M&TBroadband I THIS OOCUMENT IS VOID IF BACKGROUND OESlGN IS NOT COLORED I ACCOlJnts Payable P.O. Box 173S05 Denver, CO 80217-3805 (8i7) 493-ô526 N~~~CE~ 4624814 60-1 eo 43:l .. PAY EXACTLY VENDOR NO. t 6867Q - Twelve Thousand Dolla~ and no cents. AMOUNT 1$----12,000.00 I' ST LUCIE COUNTY FL TO ïHE 2300 VIRGINIA AVE ORDER FT PIERCE, FL 34982-5652 OF AT&T BROAOBANO. W.C. VOID AFiE.:::¡ 1 Be DAYS Mal.CN 3ANK. N,,a,_ ~fTïSat.:RG~ PSNM$YL'/ANI.a. ftt./~~..~ II' l, b 2 l., E\ ~ l, II" I: 0 l, j j 0 ~ b 0 ~ I: o ~ 7 '" q 7 E\ l., II" ,~I-UI-'UU' ¡u:,~ n:;a-~:I :tt,¡,; I i. ~ ,"¡~l."."", T.................,.l I I.... .¡ l"I~lt , I",I'; r-J:.I" ~ "'-'" UI:90w"rrZ &: ASSOCIATES, EA. .Jos£,.,~ A... 8;:L.ISL.~ ¡Uf... F£I-C M.A.rr~~ L. L.t:J80wti"':; CH &~'l"'- S\1.14C'rC &UI-': f4&a SUN~",vsr INT"E~NATI¢"'..ol.¡.. :;CN~¡:R Q·...c 50\.òTMC....'5T T"Hill:C .....V'MU' "'11.....,..,1, 1'~OFttO~ .:1~I~I~I7I.5 -r=:t..~"'-t~H£. t30!!) 530-132¡: ':"::':'£C~P(!:A ~.JOS; S.30- "..,.17 ~.........;"- '=¡:liTlQ:broac~.a'N.com August 1,2002 HA: Faöimüe (561) 461.1131 Ms. Diane Turner St. Lucie County 2300 Virginia Aveaue Fort Pierce, Florida ~~9S2-5652 Re: AT&T COi71c:>sc - Ur.deQavmem of ' Franchise rees Dear Diane: IjUSl spoke wd. Su.sàn Bisno who inforrned me that she has a c1:éCk or: her desk in the amount of S20,000 as payment for the l.illderpaym.enr of francbjs~ fees. Please have exe~uted the attached letter z.greement, which was a"acbd to the Resolution approving the Chang: of Comrol as E.xhibit B aod fax to me at your earEe.;t com·enience. I will then forward to AT&T a.,d t::ey will release the check. Please do not hesi¡at= ro contact me lfyou have any questions Of COrlli:1e::ts. Thank you. Ve-..-y truly yours, G~And'~O'llI Pardegal /ga Jut 16 02 LC:Cl~ An. IRCflDBRN'D (55..j:: -5L21 f·2 '-' >wi -- -;" AT&T Broadband -" i-oio:!. :-:a.'Ul July 1:) 2002 a~~ S.'II. l-\-~ ";rt:~~ S;.::.¡c~ ~ t'!."":':~:. ?cl::'..a. ~,~ _ Ms. na Feùi l.eibowit:.t As~oci~::s, !.l.A. Suite j 45<1 . Su;¡Trust Ioœmatioœ!. Ce:¡t..er Ooe Sout!l.c:ast Third A V:::l'.lC :Vfumi, FL 33m '" "'... .'-". ~er be:w= AT&T Broa.c!œnà md. Corneasr Ccr¡Jcr-"':C>l FaroI 394 .~Iic?:tiotl - S.. Lucie ~ D=.Ms. Feid: As you ala aware, 1:0 Qf l:l"onhanN¡:w Jersey, 1:lC. ("Frandlis....e'ì :cark.~ sav'.=;¡:¡ AT&T Eroadband, bõ!s Fra:¡¡ciÙse Agr=ncnl:s .....ith St. l,l.'l.Cie Count¡.-. AT&T Brca¡i'r..m is se::kWg:be c:meut of the County to the' c:haag-~ of c¢ntroi of the' Froncb~ tœ ATk! CO'1L to ATI Ccro:c;ISt. This iœm i.s àtt ~ COWlty' J ;l.f¡$"'..cla fo-rJ\U)' 16. \Vhi!~ 91: Co r.ct bclieve ti:r. the ì.s.suc of the ÍIã!lclXia¢ ~ audit is mat:rial. to ~ COl.:.o.t'/~ approv.al aí Ill.: 6cge of CCI:I!ro~ we ;L""Q ma.!s:ing tbi.s commitmettt ÍD. aneffott tl:l mcvc the: TC'So¡"~= of t:,;: is,,": :'cn~-d 2:od to ClJUtÏml~ to fust:r .. ~ rel21iollSÎ:rip with the County. F~ Sl:lct-.owl~es tha! the eo.~)I hag lt~ed an 3:Udit ~ êc=1 its in&p~ auditor rela.tiDg to the fmnclW;a f;:e paymCZ'-' made boy F~ee to th.e ~ far the ~t QOJItha ~ Ikecmber 31, 1993; all of 199~; all of 2000 \1I1d tl:e ciu r:lCIl'"~ e<'-Ciing S~mbl:! 30, 2001 ( W: "Aadit Poriod") alle¡ina an undoc'pa.ymelI!; of mch 5.=cb.ùe: fi=. F=~~ ilad Òlt) CCl:!llt;r have agreed to sc:tdc tho. ane¡:e~ !lD:da:p¡tyllJc;:It. of fral1d~jsc f::s fur 1Ìle .~dk Pc:iod £Or the sam afTw'Wy Thousmd (Sla,1l00)::. FrailÇhis~ agrees-mars..Q ~ì1!1:t!t shi.l be mad: to the County within thírty(30) da.}"'S at1:Uò:leCœ.'!ty fina.1ly aw= 1Ì~ ~c cf com:ul of tÓl;t Fr=:.hisee. The Cou:::ty ilg:reell by execution of this lmar that f:a¡:c':is~ has settled all issues C)f tlOI2.~1ianc:l rclat;d to tb.o ~¢ WI} pe.yrrlC1ta it is requjed :c d~~ to ¡b Ccm:ty for the Audit Period · ...,~ ~ .~~. .._. I Sincerely. ~~Vl Sasan ~ VlC¢ Prcridc:!IÌ ... . Lcc:a1 GovUtlmðttt .A:fEúrs . .' I _":~.:'.~J.. .....~:, ....... '~,...-.- ....~...:~: "_ a¥;.;..·... ~:-.~-"'~- ....j ~:. ~ ...~'1:_'; ':; ,1'.-.1.;.... .. .4. . ......~... . ._ -. . ,..'01...,.... .... · ',.:.:. .t.,:; " .~--:.'... " ,".' . ..... -... -- ... A~tc alldAcceptad byW··St·:bici<i60tjio.ty thii-'-..;....~ '6y-ofJcl.,-,200Z . . ," ..;, ~:.. ~ "y>-< ~~. ~ ./....;; ....-. ..-...... '. By: ..:',_. ",,~J..:.._ '~.:."..~ _...... _; '..~:" '..;.u..... :¡ .i._, .,. '.' .... TItle: .......:...,...:;:........ · ...:...: .' -:..,' Ò ~::'-.~ :~ "'," ......... . ,- .. .. . - .. ............. - ,; " ..1. .' '.:' :: ~.. .:-~.;:.:\~.....:....: .' - '" ..... .. . . .'. . .~. l ' . Cc:MAtt~Attcme1 "... .....-. ,'< @ .~..-.".:ed ?t.,.'"<Jt .... .."", AGENDA REQUEST ITEM NO. C-0b DATE: August 27, 2002 REGULAR [J PUBLIC HEARING [ ] CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Office of Management & Budget PRESENTED BY: Marie Gouin SUBJECT: Adopt and approve Budget Resolution 02-214 to establish budget for the Rock Road Jail Facility Security System BACKGROUND: A term loan in the amount of$2,190,000 is being issued to fund the costs of installing a new security system in the Rock Road Jail Facility. [n order to use these funds for the intended purpose the Board must budget and appropriate the unanticipated revenue. The attached Budget Resolution 02-214 will accomplish this in accordance with Florida Statutes. FUNDS AVAILABLE: See attached Budget Resolution 02-214 PREVIOUS ACTION: During the budget review of capital projects held July 10,2002, the Board approved the project for a new security system at the Rock Road Jail Facility. On July 23,2002, the Board of County Commissioners approved Resolution 02-182 authorizing a term loan to provide financing for the Rock Road Jail Facility Security System. RECOMMENDATION: Staff recommends the Board approve Budget Resolution 02-214 appropriating the funds from a term loan in the amount of $2, 190,000 for the installation of the Rock Road Jail Facility Security System. COMMISSION ACTION: oug Anderson County Administrator [X APPROVED [] DENIED L r OTHER: County Attorney: XX ~9:Y/ CoordinatÎon/S ignatures Management & Budget: ~ Purchasing: Central Services: Finance: (Check for Copy only, if applicable) X PWorks Dept: Other: Anyone with a disability requiring accommodation to attend this meeting should contact the SI. Lucie County Community Services Manager at 561- 462-1777 or TOO 561-462-1428 at least forty-eight (48) hours prior to the meeting. \w ,..., RESOLUTION NO. 02-214 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 in the form of a term loan for the Rock Road Jail Facility Security System in the amount of$2,190,000. 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 27TH day of August, 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 316-1940-384200-1527 Loan Proceeds $ 2,190,000 APPROPRIATIONS 316-1940-563000-1527 316-9950-573100-800 Improvement Other Than Buildings Additional Expenses- Bonds $ 2,170,000 $ 20,000 After motion and second the vote on this resolution was as follows: Commissioner Doug Coward Commissioner Cliff Barnes Commissioner John D. Bruhn Commissioner Frannie Hutchinson Commissioner Paula A. Lewis PASSED AND DULY ADOPTED THIS 27TH DAY OF AUGUST, 2002. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY \.r AGENDA REQUEST JM NO. cPA- DATE: July 23, 2002 REGULAR [X] PUBLIC HEARING [J 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 AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board adopt Resolution No. 02-182 and authorize the Chairman to sign rhe Resolution. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [ ] DENIED [ ] OTHER: Douglas Anderson County Administrator County Attorney: 1~} ()f'~ Review and Aoprovals Management & BUdget# c Purchasing: ûu Originating Dept. Public Works Dir: County Eng.: Finance: (Check for Copy only, if applicable) Efr 5/96 \wf SSQUIRE ~DERS LEGAL COUNSEL WORlDWIDE ..., SQUIRE, S",,""\¡TIERS & DEMPSEY LLP. 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, Fin..nce Director Loomis C. Leedy, III, William R. Hough & Co. 39:?7v 1i~89QZ-OOOOU~I-ao.~:tD ROCK ROAD ....... ."", RESOLUTION NO. 02-182 A RESOLUTION OF THE BOARD OF COUNTY COiYûvfISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AUTHORIZIN"G THE ACQursmoN AJ.'ID INSTALLATION OF A NEW SECURITY SYSTEM IN THE ROCK ROAD JAIL FACILITY; PROVIDIN"G FOR THE BORROYVIN"G OF 52,190,000 TO FIN"AJ.'-JCE THE COST THEREOF; APPROYmG THE PROPOSAL OF W ACHOVIA. BA.NK, NATIONAL ASSOCIATION, TO i\1AKE A TERLYf LOAN TO THE COUNTY IN" SUCH PRINCIP.A.L AJ.vfOUNT; PROVIDING FOR THE ISSUAJ.'\JCE OF A 52,190,000 IM:PROVEMENT REVE~lJE NOTE, SERIES 2002A (ROCK ROAD JAIL SECURITY SYSTE:vr), AS EVIDENCE OF THE CmJNTY'S OBLIGATION TO REPAY SUCH TERM LOAJ."\¡"; PROVIDING FOR THE P A YlvŒNT OF THE NOTE AJ.'ID THE EXEClJTION AJ.'ID DELNERY OF A LO.Ä..N AGREEfvŒNT BEnVEEN THE COu"NTI Pu'ID THE BAJ.'TK CONTAIN1NG TERMS Pu'ID CONDmONS RELATING TO SUCH LOAl'-J; COv'ENAJ.'ITING TO BUDGET Al'ID APPROPRIATE FROM NON-AD VALOREM REVENUES AJ.YfOUNTS NECESSARY TO PAY THE PRINCIPAL OF AJ.'ID INTEREST ON SUCH NOTE; AUTHORIZING FURTHER OFFICIAL ACTION IN" CONNECTION WITH THE DELIVERY OF THE NOTE AJ.'ID THE LOAJ.'-J AGREEMENT; AJ.'ID PROVIDING AJ.'-J EFFECTNE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COJ\fivfISSIONERS OF ST. LUCIE COUNTY, FLORIDA: Section 1. Authority for this Resolution. This Resolution is adopted pursuant to the provisions of the Act. . Section 2. Definitions. The following terms shall have the following meanings when used in this resolution unless the context clearly requires otherwise. Words importing singular number shall include the plural number in each case and vice versa, and words importing persons 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 oflaw. "Bank" means Wachovia Bank, National Association, Deerfield Beach, Florida. "Board" means the Board of County Commissioners, as the governing body of the County. "Chairman" means the Chairman of the Board, or in the Chairman's absence, the Vice Chairman. "Clerk" means the Clerk of the Circuit Court ofSt. Lucie County, Florida, or, in the Clerk's absence, any Deputy Clerk. 39:6\1 [/Z3902-OOOO liR-ALTH ~OCK RD SECUtITY "- ...., "County" means St. Lucie County, Florida, a political subdivision of the State of Florida. "County Administrator" means the County Administrator of the County. "Covenant" means the covenant to budget and appropriate moneys to pay the Note contained in Section 10 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 ChaiJ.-man, upon the advice of the County Attorney, such approval to be evidenced by the Chairman's execution thereof. "Note" means the Improvement Revenue Note, Series 2002 (Rock Road Jail Security System), of the County, which shall be in substantially the form attached to the Loan Agreement as Exhibit A, with such modifications and changes thereto as shall be approved by the Chairman, upon the advice of the County Attorney, such approval to be evidenced by the Chairman's execution thereof. "Paying Agent" means the Clerk of the Circuit Court of the County. "Project" means the acquisition and installation of a new security system in the Rock Road Jail Facility, and aU 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 me Act to undertake the Project. 2 8925V lJ13902·0000I¡R-Al.JTH ROCK :tD SECl1tfT'Y \w ,.." (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, deteffiÙnes that it is in the best interests of the County that the Proposal be accepted. (D) It is necessary and desirable and in the best interests of the County that it enter into the Covenant to secure repayment of the Loan. (E) It is necessary and desirable and in the best interests of the C01.U1ty 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 "qualiiì.ed tax-exempt obligation" pursuant to Section 265(b)(3)(B) of the 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 i\1ïllion One Hundred Ninety Thousand Dollars· ($2,190,000) to be dated, to bear interest, to be payablé, 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 Counse~ are hereby authorized and directed to proceed to prepare the necessary documents to consummate the Loan. . Section 6. Approval of Form of Loan Agreement and Note. The Loan Agreement and the Note are hereby approved, and the Chairman and Clerk are hereby authorized to execute and deliver the Loan Agreement and the Note to the Bank. Section 7. Authorization of Other Action. The Chairman, the Clerk, the County Administrator, the Management and Budget Administrator, and the County Attorney are each designated agents of the County in 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 C01.U1ty which are necessary or desirable in connection with the execution and delivery of the 3 à92óV In3902·OOOO j;R·A¡;TH <tOCK RD SECt"iUT' '-' "'-" Loan Agreement and the Note to the Bank, including, but not limited to, the making of modifications to the Loan Agreement and the Note to conform the provisions thereof to the provisions of the Proposal. Section 8. Application of Proceeds of Loan. The proceeds of the Loan shall be applied solely to the payment of Project Costs. 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 1 O. Severability. If anyone or more of the covenants, agreements, or provisions of this resolution should be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements, or provisions shall be null and void and shall be deemed. separate from the remaining covenants, agreements or provisions, and in no way affect the validity of all other provisions of the Resolution or of the Note or Loan Agreement delivered hereunder. Section 11. Amendment. This resolution may not be amended. or repealed except with the prior written consent of the Bank. Section 12. Effective Date. This resolution shall take effect immediately upon its adoption. 4 3925V 1t:8902-0000I¡R·A~TH ROCK RD SEct:RJTY .... 'wIfII passed and Adopted this 9ch day of July 2002, at a regular meeting duly called and held. (SEAL) .,.~':."::"'" ~t~-'~~t:~ " .'. ... ---.,'.. q ;\.;-,.':;:'"". :'7:··~':~,-: ·~TTEST···;";::": ,',::"'...' .;~# ..""'\. . .............;s....""" ST. LUCIE COu0<ì'Y, EG.RIOA /ì /l /} By: 7: j~~r~ P Chairrnañcî ~B0ä:rd ofCOUllry ComrnissionéG B€¿~¿~~~_d,v Clerk of the Board APPROìfED AS TO FORi\1 AND CORRE dESS: 5 39!6Y 1/'!89OZ.oooo lIR·Al:TH ROCK :w SEC..."R.. '7Y .... AGENDA REQUEST ITEM NO.~ It Date: August 27,2002 Regular [ ] Public Hearing [ ] Consent [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Resolution No. 02-206 - Authorizing Participation by the St. Lucie County Housing Finance Authority in the Escambia County Housing Finance Authority Single Family Mortgage Revenue Bonds, Series 2003, Multi- County Program BACKGROUND: See C.A. No. 02-1249 FUNDS A V AIL.(State type & No. of transaction orN/A): N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt proposed Resolution No. 02-206, as drafted. COMMISSION ACTION: E: rx APPROVED [] DENIED r ]. OTHER: County Attorney: J}/ Ølfnttge Purchasing: Originating Depl.: Other: ~1Check for Copy only. ifapPlic'ble):~ Other: '-' ~ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 02-1249 DATE: August 21, 2002 SUBJECT: Resolution No. 02-206 - Authorizing Participation by the S1. Lucie County Housing Finance Authority in the Escambia County Housing Finance Authority Single Family Mortgage Revenue Bonds, Series 2003, Multi-County Program BACKGROUND: Attached to this memorandum is a copy of proposed Resolution No. 02-206 which authorizes the St. Lucie County Housing Finance Authority to participate in the Escambia County Housing Finance Authority Single Family Mortgage Revenue Bonds, Series 2003, Multi-County Program. The program provides low interest mortgages for single family home buyers in the participating counties. On August 15,2002, the Housing Finance Authority conducted a TEFRA hearing to consider participation in the 2003 Escambia County HF A Multi-County Program. Notice of the hearing was published in the Tribune and the Port S1. Lucie News on July 25, 2002 and July 27, 2002. Following conclusion of the hearing, the Housing Finance Authority adopted HF A Resolution No. 02-01, which approves participation in the 2003 Escambia County HF A Multi-County Program subject to authorization by the Board of County Commissioners. The HF A resolution also provides for the approval of an interlocal agreement between the S1. Lucie County Authority and the Escambia County HF A. Pursuant to the interlocal agreement, the Escambia County HF A will assume responsibility for the administration of the program. The St. Lucie County HF A's costs associated with participation in the program will be paid with proceeds from the program. In addition, the HF A will receive a participation fee equal to $1.00 per $1,000.00 principal amount of bond allocation received from the State of Florida for use in S1. Lucie County. Adoption of the resolutions will not authorize or commit the expenditure of any funds of the Housing Finance Authority or St. Lucie County. The bonds are limited, special obligations and will not constitute debts of the Housing Finance Authority or S1. Lucie County. RECOMMENDATION/CONCLUSION: Staff recommends that the Board of County Commissioners approve proposed Resolution No. 02-206, as drafted. Attachments HY/ Copies to: '-' ....., Respectfully submitted, ~~ Heather Y oun Assistant County Attorney County Administrator Community Services Director Finance Director Management and Budget Director Deputy Clerk PresslPublic 2 '-' 'wi RESOLUTION NO. 02 . ~ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AUTHORIZING THE HOUSING FINANCE AUTHORITY OF ST. LUCIE COUNTY, FLORIDA, TO ENTER INTO AGREEMENTS WITH THE ESCAMBIA COUNTY HOUSING FINANCE AUTHORITY; APPROVING A FORM OF AND EXECUTION AND DELIVERY OF AN INTERLOCAL AGREEMENT; APPROVING THE ISSUANCE BY THE ESCAMBIA COUNTY HOUSING FINANCE ·AUTHORITY .oF NOT EXCEEDING $iSO,ooo,OOO SINGLE FAMILY MÇlRTGAGE REVENUE BONpS, SERIES 2003A (MULTI-COUNTY PROGR.A14) ON BEHALF OF ST. LUCIE COUNTY AND THE HOUSING FINANCE AUTHORITY OF ST. LUCIE COUNTY, PURSUANT TO SECTION 147(1) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; PROVIDING THAT SUCH BONDS CONSTITUTE LIMITED, SPECIAL OBLIGATIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 159, Part IV, Florida Statutes (the "Act") authorized counties to create housing fmance authorities to exercise powers of the Act within their boundaries or outside their boundaries with the consent of the governing body of the territory outside their area of operation; and WHEREAS, the Board of County Commissioners of Escambia County, Florida, (the "Escambia Board") on May 29, 1980, adopted Ordinance No. 80-12, by which it created the Escambia County Housing Finance Authority (the "Escambia Authority") and authorized the Escambia Authority to exercise all powers under the Act; and WHEREAS, pursuant to the Act, the Board of County Commissioners of St. Lucie County, Florida, (the "St. Lucie Board") has found a shortage of affordable housing and capital for investment therein and a need for a housing finance authority to function in St. Lucie County, Florida ("St. Lucie County") and did accordingly create the Housing Finance Authority of St. Lucie County, Florida (the "St. Lucie Authority"); and WHEREAS, it is not practicable at this time under existing Florida and Federal laws and regulations for the St. Lucie Authority to issue its bonds for the purpose of implementing a single family housing program, although the shortage of such single family housing and capital for investment therein is continuing in St. Lucie County; and WHEREAS, the Escambia Authority by resolution duly adopted on June 13, 2000 (the "Enabling Resolution"), authorized a plan of fmance (the "Plan") for the issuance from time to time of not exceeding $400,000,000 Single Family Mortgage Revenue Bonds (Multi-County Program) (the "Program"); and MCL-07/18/02 Rev: 07/23/02 Rev: 08/07/02-6519-1ucyresbcc \.,- "'" WHEREAS, the Escambia Authority has indicated that it expects to issue its Single Family Mortgage Revenue Bonds, Series 2003A (Multi-County Program) (the "Escambia Bonds" or the "Bonds") in a principal amount not exceeding $150,000,000, exclusive of any amounts required for refunding purposes; and WHEREAS, Section l47(t) of the Internal Revenue Code of 1986, as amended (hereinafter referred to as the "Code") requires public approval of certain private activity bonds and the plan of finance therefor by an applicable elected representative or governmental unit following a public hearing and the St. Lucie Board, constitutes an applicable elected representative or governmental unit; and WHEREAS, pursuant to Section 147(t) of the Code a public hearing was scheduled by the St. Lucie Authority for August 15, 2002, at 3:00 p.m., and notice of such hearing was given by publication more than fourteen (14) days prior to the public hearing; and WHEREAS, the St. Lucie Authority has indicated that the public hearing was conducted at the time and place advertised and at such hearing reasonable opportunity was provided for all interested individuals to express their views, both orally and in writing, on the issuance of the Bonds; and WHEREAS, the St. Lucie Authority has provided to the St. Lucie Board a copy of the minutes of such public hearing which is attached hereto as Exhibit "B"; and WHEREAS, the St. Lucie Board desires to express its approval of the action to be taken pursuant to the Enabling Resolution and the Act and as required by Section 147(t) of the Code; and WHEREAS, the St. Lucie Board desires to authorize the St. Lucie Authority to undertake certain actions as necessary in connection with participation in the Escambia Multi-County Single Family Housing Program and the issuance, sale, authentication and delivery of the Bonds by Interlocal Agreement (the "lnterlocal Agreement") with the Escambia Authority; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: Section 1. Because of the continuing shortage of affordable single family housing and capital for investment therein in St. Lucie County and the continuing impediments to a bond issue to alleviate such shortages as to single family housing, the St. Lucie Board hereby consents to the Escambia Authority exercising its powers to issue the Bonds on behalf of St. Lucie County and the St. Lucie Authority and to further implement the plan of finance to provide capital from sources of funds available to the Escambia Authority, including but not limited to a portion of the proceeds of the Bonds, and proceeds of obligations refunded by the Bonds, to establish a program to finance Mortgage Loans for single family housing within the statutory boundaries of St. Lucie County ("Mortgage Loans"); provided, that the Escambia Authority and the St. Lucie Authority first enter into a written agreement MCL-07/1B/02 Rev: 07/23/02 Rev: OB/07/02-6519-1ucyresbcc 2 \w- ...., setting forth the powers, duties and limitations of the St. Lucie Authority as they pertain to participation in the Escambia Multi-County Single Family Housing Program and the issuance, sale, authentication and delivery of said Bonds and the use of said Bond proceeds within St. Lucie County and payment of the issuance costs for such Bonds. Section 2. In furtherance of the purposes set forth in Section 1 hereof the Chairman or Vice-Chairman and SeCretary or Deputy Secretary of the St. Lucie Authority are hereby authorized to execute such consents, intergovernmental agreements, applications, instruments or other documents as shall be required to implement participation by tþe St. Lucie Authority in the Program and to provide for payment of St. Lucie Authority's proportionate share of the costs thereof, including but not limited to the costs of issuance of such Bonds, all as shall be approved by counsels to the St. Lucie Authority. Section 3. The Interlocal Agreement, in substantially the form attached hereto as Exhibit A, and made a part hereof, between the St. Lucie Authority and the Escambia Authority is hereby approved. The officers of the St. Lucie Authority are, upon due authorization and approval by that body, hereby authorized to enter into such Interlocal Agreement on behalf of the St. Lucie Authority with such changes, modifications, insertions, omissions, substitutions, and such f1lling of blanks therein not inconsistent herewith as the officers executing same may approve, such execution and delivery to be conclusive evidence of such approval. The appropriate officers of the St. Lucie Authority are hereby further authorized to execute and deliver such other documents and instruments as may be necessary to implement such Interlocal Agreement, including, without limitation, application for up to the maximum available private activity bond volume allocations pursuant to Chapter 159, Part VI, Florida Statutes, for the purposes set forth in the Interlocal Agreement. Section 4. The St. Lucie Board hereby approves, for the purpose of Section 147(f) of the Code, the Escambia Authority's plan of fmance and the issuance by the Escambia Authority from time to time of not exceeding $150,000,000 Single Family Mortgage Revenue Bonds Multi-County Program, initially designated as Series 2003A, for funding the Escambia Authority's program for Mortgage Loans, and such other action to be taken by the St. Lucie Authority pursuant to the Enabling Resolution or the Act, in connection with the issuance, sale, authentication and delivery of the Bonds. A copy of the minutes of the public hearing held by the St. Lucie Authority on August 15, 2002 pursuant to Section 147(f) of the Code is attached hereto as Exhibit B and made a part hereof. The related Resolution of the St. Lucie Authority, adopted August 15, 2002, following the public hearing is attached hereto as Exhibit C and made a part hereof. Section 5. The principal of and premium, if any, and interest on the Bonds and all payments required under the proposed fmancing agreements, including the Interlocal Agreement, shall be payable solely by the Escambia Authority from the proceeds derived by the Escambia Authority under the proposed financing agreements, and St. Lucie County shall never be required to (i) levy ad valorem taxes on any property within its territorial limits to pay the principal of and premium, if any, and interest on the Bonds or to make any other payments provided for under the proposed financing agreements, or (ii) pay the same from any funds of St. Lucie MCL-07/18/02 Rev: 07/23/02 Rev: 08/07/02-6519-1ucyresbcc 3 \w """ County whatsoever. Adoption of this Resolution does not authorize or cOInnÙt the expenditure of any funds of St. Lucie County or of the St. Lucie Authority to pay the costs of issuance or any other costs, fees or payments with respect to such Bonds. The Bonds are limited, special obligations and will not constitute a debt of the State of Florida, St. Lucie County, Escambia County, or other participating Counties or of the St. Lucie Authority, the Escambia Authority or other participating Housing Finance Authorities, but will be payable solely from payments made from the revenues generated from the Program. Section 6. All resolutions or parts thereof of the St. Lucie Board in conflict with the provisions herein contained are, to the extent of such conflict, hereby superseded and repealed. MCL-07/18/02 Rev: 07/23/02 Rev: 08/07/02-6519-1ucyresbcc 4 ~. ~ Section 7. This Resolution shall take effect immediately upon its adoption. Duly adopted in the regular session this day of ,2002. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: (SEAL) Its: Douglas Coward, Chairman Board of County Commissioners ATTEST: By: Its: Clerk of the Circuit Court, ex-officio Clerk of the Board of County Commissioners Approved as to form and correctness: County Attorney MCL-07/18/02 Rev: 07/23/02 Rev: 08/07/02-65 19-1ucyresbcc 5 '-' MCL-07/18/02 Rev: 07/23/02 Rev: 08/07/02-6519-1ucyresbcc 'wi Exhibit A INTERLOCAL AGREEMENT 6 '-' """ INTERLOCAL AGREEMENT TffiS AGREEMENT made and entered into this 15th day of August, 2002, by and between the ESCAMBIA COUNTY HOUSING FINANCE AUTHORITY, a public body corporate and politic organized and existing under the laws of the State of Florida (hereinafter referred to as the "Escambia Authority"), and the HOUSING FINANCE AUTHORITY OF ST. LUCIE COUNTY, FLORIDA, a public body corporate and politic organized and existing under the laws of the State of Florida (hereinafter . referred to as the "Local Authority"); . . WITNESSETH: WHEREAS, Chapter 159, Part IV of the Florida Statutes, (the "Act") authorizes the creation of housing finance authorities within the State of Florida (the "State") for the purpose of issuing revenue bonds to assist in relieving the shortage of housing available at prices or rentals which many persons and families can afford; and WHEREAS, the Escambia Authority by resolution duly adopted on June 13, 2000 (the "Enabling Resolution") authorized a plan of finance (the "Plan") for the issuance from time to time of not exceeding $400,000,000 Single Family Mortgage Revenue Bonds (Multi-County Program); and WHEREAS, the Escambia Authority has indicated that it expects to issue its Single Family Mortgage Revenue Bonds, Series 2003A (Multi-County Program) (the "Escambia Bonds" or the "Bonds") in a principal amount not exceeding $150,000,000, exclusive of any amounts required for refunding purposes; and WHEREAS, pursuant to Sections 143 and 146 of the Internal Revenue Code of 1986, as amended (the "Code"), the amount of qualified mortgage bonds (as defined in Section 143 of the Code) which may be issued in each year is limited by a private activity volume cap which has been established for such purpose within the State; and WHEREAS, the limitations upon available portions of the private activity volume cap prevents the separate issuance of qualified mortgage bonds for each county from being feasibly and economically accomplished; and WHEREAS, the Escambia Authority has authorized a sufficient amount of Escambia Bonds the proceeds of which will be used to finance a portion of the anticipated demand during the proposed Origination Period for qualifying single family mortgages ("Mortgage Loans") of both Escambia County and St. Lucie County, as well as certain other counties which may also participate in a joint bond program; and WHEREAS, the aggregation of mortgage loan demand and the securing of the related amount of the cumulative State private activity volume cap (the "Allocation Amount") granted by the State through 2003 (the "Authorization Period") for the purpose of issuing qualified mortgage revenue bonds to fmance qualifying single family MCL-07/18j02 Rev: 07j23j02 Rev: 08/07/02-6519-1ucyia '-" "'" residences to be occupied primarily by first-time home buyers will result in a wider allocation of fIxed expenses and certain other economies of scale; and WHEREAS, unless such economies are realized, the issuance of qualifIed mortgage revenue bonds for such purpose would be less economical, resulting in high mortgage costs to qualified mortgagors; and WHEREAS, because the restrictions attendant to qualified mortgage bonds under the Code limits the availability of mortgage funds for many eligible persons (within the meaning of the Act),. the Escambia Authority may also issue taxable mortgage revenue bonds to increase the amount available for Mortgage Loans and to . reduce or ameliorate such restrictions upon.elÍgible persons; and WHEREAS, Sections 159.603 and 159.604, Florida Statutes, authorize St. Lucie County, Florida (the "Participating County") to approve the issuance of qualified mortgage revenue bonds to alleviate the shortage of affordable housing within the Participating County, which approval has been granted by a resolution of the Board of County Commissioners of the Participating County adopted on August 15, 2002 (the "County Resolution"); and WHEREAS, Sections 163.01, 159.608 and 125.01, Florida Statutes, and the County Resolution authorize this Agreement by conferring the authority to exercise or contract by agreement upon the Escambia Authority to exercise those powers which are common to it and the other parties heretoincluding issuing mortgage revenue bonds based on the Allocation Amount to (i) make available funds to finance qualifying single family owner-occupied residences located within the Participating Counties in accordance herewith, (ü) establish the reserves therefor, and (iii) pay the costs of issuance thereof (collectively, the "Program"). NOW THEREFORE, the parties agree as follows: Section 1. Allocation Amount; Substitution of Bonds. The Local Authority hereby authorizes the Escambia Authority to issue, reissue, remarket or refund qualifIed mortgage revenue bonds, in the form of its Single Family Mortgage Revenue Bonds (the "Bonds") from time to time based on the Allocation Amount through the Authorization Period for the purpose of fmancing the Program and making funds available for qualifying single family owner-occupied residences in the Participating County to the full extent permitted by the Act. Any Escambia Bonds issued for such purposes with respect to the Participating County are hereby deemed to be in full substitution for an equivalent principal amount of the Local Authority's bonds that could have been issued for such purpose. The Local Authority hereby authorizes the Escambia Authority to utilize the Local Authority's Allocation Amount on behalf of the Local Authority, as part of its Plan for the purpose of funding the Program, including among other things, financing of qualifying single family mortgages in the Participating County, and the Escambia Authority is hereby designated as the bond issuing authority for the Local Authority through the end of the Authorization Period with respect to all such Allocation Amounts. The proceeds of the Escambia Bonds shall be allocated and applied solely to the funding, or refinancing of or refunding obligations, the proceeds of which will be used for the funding of Mortgage MCL-07/18/02 Rev: 07/23/02 Rev: 08/07/02-6519-1ucyìa 2 \w ......,,¡ Loans within the various Participating Counties and for reserves and the payment of costs of issuing the Escambia Bonds, in accordance with Chapter 159, Part VI, Florida Statutes, the requirements of Section 103 and 143 of the Internal Revenue Code of 1986, as amended, and the instructions of bond counsel thereunder, in such manner as to provide fair access by residents of St. Lucie County to bond proceeds equal to the net Allocation Amount for St. Lucie County, giving due regard after July 1, 2003, to the speed and extent of utilization of all Allocation Amounts within all Participating Counties so as to expend all net Bond proceeds to originate Loans as fast as possible. All revenues generated by bonds issued pursuant to this Agreement and by the use of the proceeds thereof, will be administered by the Escambia Authority, or its agents, and all payments due from such revenues shall be paid by the Escambia Authority, or its agents, without further action by the Local Authority. Section 2. Administration. The Escambia Authority hereby assumes responsibility for administering this Agreement by and through its employees, agents and officers; provided, however, that the Local Authority retains and reserves its right and obligation to require reasonable reporting on programs designed for and operated within the Participating County, including, but not limited to, reasonably available mortgagor or profile data. The Escambia Authority and its agents shall provide the Local Authority with a copy of the transcript of documents and proceedings for the Escambia Bonds and such reports as may be necessary to comply with disclosure requirements and to account for funds generated by this Agreement. The Escambia Authority shall have full authority and responsibility to negotiate, defme, validate, market, sell, issue, reissue, deliver, refund or remarket its Escambia Bonds in the maximum Allocation Amount, based upon mortgage loan demand and available Allocation Amounts permitted by law, to finance qualifying single family housing developments in the Participating County and to take such other action as may be necessary or convenient to accomplish such purpose. Each Participating County may apply for the full Allocation Amount available for such Participating County. It is agreed that the initial regional Allocation Amount for the Escambia Bonds in St. Lucie County and other Participating Counties located within the same bond volume allocation region under Section 159.804, Florida Statutes, shall be allocated ratably between St. Lucie County and such other Participating Counties within such region based upon lender demand. All lendable proceeds of the Escambia Bonds attributable to the mortgage loan demand in St. Lucie County shall be reserved for use in originating Mortgage Loans in St. Lucie County for an initial period of one hundred and twenty (120) days or until July 1,2003 whichever is later. The issuance and administration costs and expenses related to the Escambia Bonds issued to fmance the Program and administration of such Program shall be paid from proceeds of the Escambia Bonds and revenues generated from the Program. Section 3. Program Parameters. (A) Upon request of the Escambia Authority, the Local Authority shall, to the extent permitted by law, (i) approve, establish, and update, from time to time as necessary, upon the request of the Escambia Authority, such Program parameters including, but not limited to, maximum housing price and maximum adjusted family MCL-07/18/02 Rev: 07/23/02 Rev: 08/07/02-6519-1ucyia 3 \w ....",¡ income for eligible borrowers, as may be required for any bonds issued by the Escambia Authority pursuant to this Agreement and (ü) approve the allocation of Mortgage Loan moneys for each lending institute offering to originate Mortgage Loans within the Participating County. Unless otherwise notified in writing by the Local Authority, the Escambia Authority may from time to time approve and establish such maximum price and family income amounts at the maximum levels provided pursuant to the Code without further action of the Local Authority or Participating County. (B) The fees and expenses of the Local Authority and the fees and expenses of its counsels shall be paid from the proceeds of the Program in the manner and to the extent mutually agreed upon by the officials of the Local Authority and the Escambia Authority at or prior to issuance of the Escambia Bonds. Notwithstanding anything herein to the contrary, a program fee payable to the Local Authority from amounts received in connection with the issuance of the Bonds shall be equal to $1.00 per $1,000 principal amount of bond allocation received from the State of Florida for use in St. Lucie County. Section 4. Term.. This Agreement will remain in full force and effect from the date of its execution until such time as it is terminated by any party upon ten (10) days written notice to the other party hereto. Notwithstanding the foregoing, it is agreed that this Agreement may not be terminated by the Local Authority during the Authorization Period, or by any party during any period that the Escambia Bonds issued pursuant to the terms hereof remain outstanding, or during any period in which the proceeds of such Escambia Bonds (or investments acquired through such proceeds) are still in the possession of the Escambia Authority, or its agents, pending distribution, unless either (i) the parties to this Agreement mutually agree in writing to the terms of such termination or (ü) such termination, by its terms, only applies prospectively to the authorization to issue Escambia Bonds for which no Allocation Amount has been obtained or used by the Escambia Authority and for which no purchase contract has been entered into. It is further agreed that in the event of termination the parties to this Agreement will provide continuing cooperation to each other in fulfIlling the obligations associated with the issuance of Bonds pursuant to this Agreement. Section 5. Indemnity. To the full extent permitted by law, the Escambia Authority agrees to hold the Participating County and the Local Authority harmless from any and all liability for any actions by the Escambia Authority relating to the Program, including, but not limited to the repayment of principal of, premium, if any, and interest or penalty on the Escambia Bonds issued pursuant to this Agreement, and the members, officials, employees and agents of the Participating County and the Local Authority harmless from any and all liability in connection with the approval rendered under the respective resolutions adopted August 15, 2002. The Escambia Authority agrees that any offering, circular or official statement approved by and used in marketing the Escambia Bonds will include a statement to the effect that Bond owners may not look to the Participating County or the Local Authority and their respective members, officials, employees and agents for payment of the Escambia Bonds issued pursuant to this Agreement and interest or premium or penalty thereon. MCL-07/18/02 Rev: 07/23/02 Rev: 08/07/02-6519-1ucyia 4 \..- ..., IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be affIxed hereto by the proper offIcers thereof as of the .J51!1day of August, 2002. ESCAMBIA COUNTY HOUSING FINANCE AUTHORITY HOUSING FINANCE AUTHORITY OF ST. LUCIE COUNTY, FLORIDA ~, By: . s: Chairman (SEAL) :::~ {w¿ Its: Secretary MCL-07/18/02 Rev: 07/23/02-6519-1ucyia 5 '-" ..., The undersigned Secretary of the Housing Finance Authority of St. Lucie County, Florida, does hereby certify that the foregoing is a true and complete original of the Interlocal Agreement executed by the Chairman and Secretary as of August 15, 2002. Date: August 15, 2002 HOUSING FINANCE AUTHORITY OF ST. LUCIE COUNTY, ~. By: tPJ@fl feu. Its: 'Secretary Housing Finance Authority of St. Lucie County (SEAL) MCL-07/18/02 Rev: 07/23/02 Rev: 08/07/02-6519-1ucyia 6 ~ ...¡ EXHIBIT B ST. LUCIE COUNTY HOUSING FINANCE AUTHORITY MINUTES Thursday, August 15,2002 The St. Lucie County Housing Finance Authority met at 3:00 pm, Thursday, July 18, 2002 in the Commission Chambers, St. Lucie County Administration Building Annex, 2300 Virginia Avenue, Fort Pierce, FL 34982. 1. Roll Call Authority members present were Bob Davis, Reggan Ellis and Diana Wesloski. Luz Baez and Joyce Nix were absent. Also attending the meeting were Gordon Jernigan, Executive Director of the Escambia County HF A; Helen Feinberg, Sr. Vice President and Manager, Housing Finance, William R. Hough and Co.; and Heather Young, Assistant County Attorney. Chairman Davis called the meeting to order at3:05 p.m. 2. Approval of Minutes Diana Wesloski made a motion to approve the July 18, 2002 Minutes. Reggan Ellis seconded the motion. The motion carried. 3. Public Hearinl! - HF A Resolution No. 02-01- Escambia County Housinl! Finance Authority for Issuance of Sinl!le Familv Mortl!al!e Revenue Bonds. Series 2003. Multi-County Prol!ram Chairman Davis announced that this was a public hearing to consider participation in the Escambia County Housing Finance Authority Single Family Mortgage Revenue Bonds, Series 2003, Multi- County Program. He asked for staff comments. Ms. Young stated that notice of the pubic hearing was published in the Tribune and Port St. Lucie News on July 25, 2002 and July 27,2002. Proof of publication ofthe notice was entered into the record. The title ofHF A Resolution No. 02-01 was read into the record. Ms. Young stated that the resolution authorized the Authority to participate in the 2003 Escambia County HF A Multi-County Program which makes low interest single family mortgages available to qualified homebuyers. The resolution also provides for the Authority to enter into an interlocal agreement with the Escambia County HF A which establishes the terms and conditions of participation in the 2003 Program, subject to the approval of the Board of County Commissioners. The bonds issued under the program are limited, special obligations and will not constitute a debt of the Authority or St. Lucie County. Ms. Young then introduced Mr. Jernigan and Ms. Feinberg. Mr. Jernigan addressed the Authority regarding the 2003 Program and said he looked forward to working with them again. Chairman Davis asked if any member of the public wished to be heard on this matter. Seeing no one, the public hearing portion of the hearing was then closed. Chairman Davis asked for a motion on proposed HF A Resolution No. 02-01. Diana Wesloski made a motion to approve proposed HFA Resolution No. 02-01. Reggan Ellis seconded the motion. The motion carried. 1 \..; ..1 4. Other Business: Chairman Davis announced that the office of Secretary was vacant due to the resignation of Horace Hunter. Reggan Ellis moved that Diana Wesloski be appointed Secretary. Chairman Davis seconded the motion. The motion carried. 5. Adjourn There being no further need for discussion, the meeting was adjoumed. 2 '-' ..,.¡ Exhibit c RESOLUTION MCL-07/18/02 Rev: 07/23/02 Rev: 08/07/02-6519-1ucyresbcc 8 \w -..J RESOLUTION NO. 02 - 0 \ A RESOLUTION OF THE HOUSING FINANCE AUTHORITY OF ST. LUCIE COUNTY, FLORIDA, APPROVING A JOINT PROGRAM WITH THE ESCAMBlA COUNTY HOUSING FINANCE AUTHORITY, FOR THE ISSUANCE BY THE ESCAMBlA COUNTY HOUSING FINANCE AUTHORITY OF ITS $150,000,000 SINGLE FAMILY MORTGAGE REVENUE BONDS, SERIES 2003A (MULTI-COUNTY PROGRAM), ON BEHALF OF ST. LUCIE COUNTY,. FLORIDA AND THE HOUSING FINANCE AUTHORITY OF ST. LUCIE COUNTY, FLORIDA TO -FINANCE QUALIF'YING SINGLE FAMILY MORTGAGE LOANS IN ST. LUCIE COUNTY, FLORIDA; PROVIDING THAT SUC·H ESCAMBlA BONDS CONSTITUTE LIMITED, SPECIAL OBLIGATIONS; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN INTERLOCAL AGREEMENT WITH THE ESCAMBlA COUNTY HOUSING FINANCE AUTHORITY; PROVIDING CERTAIN OTHER DETAILS WITH RESPECT THERETO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 159, Part IV, Florida Statutes (the "Act"), authorizes the creation of housing fInancing authorities with the purpose of issuing revenue bonds to assist in alleviating a shortage of housing available at prices or rentals which many persons and families can afford; and WHEREAS, Sections 159.603 and 159.604, Florida Statutes, authorize the Board of County Commissioners of St. Lucie County, Florida (the "Governing Body"), to approve the operation of the Escambia County Housing Finance Authority (the "Escambia Authority"), within the territorial boundaries of, and the issuance by the Escambia Authority of revenue bonds to alleviate the shortage of affordable housing and capital available for investment therein within St. Lucie County, Florida ("St. Lucie County"); and WHEREAS, the Escambia Authority by resolution duly adopted on June 13, 2000 (the "Enabling Resolution"), authorized a plan of fInance (the "Plan") for the issuance from time to time of not exceeding $400,000,000 Single Family Mortgage Revenue Bonds (Multi-County Program); and WHEREAS, the Escambia Authority has indicated that it expects to issue its Single Family Mortgage Revenue Bonds, Series 2003A (Multi-County Program) (the "Escambia Bonds" or the "Bonds") in a principal amount not exceeding $150,000,000, exclusive of any amounts required for refunding purposes; and WHEREAS, the Escambia Authority has expressed an interest in pursuing a joint program with the Housing Finance Authority of St. Lucie County (the "St. Lucie Authority") for the issuance by the Escambia Authority of a sufficient principal amount of the Escambia Bonds to fInance qualifying single family mortgage loan programs for Escambia County and St. Lucie County and certain other counties MCL-07¡18¡02 Rev: 07/23/02 Rev: 08/07/02-6519-1ucyreshfa \.; ...., through a multi-county single family housing program (the "Escambia Multi-County Single Family Housing Program"); and WHEREAS, by combining the authority to issue single family mortgage revenue bonds of the Escambia Authority, St. Lucie County and the St. Lucie Authority and certain other issuers desiring to participate in the issue, the Escambia Authority will be able to make available mortgage loans at rates below the rates otherwise possible if the St. Lucie Authority attempted a separate issue; and WHEREAS, such a program would benefit St. Lucie County and aid in alleviating a shortage of affordable housing and capital available for investment therein within St. Lucie County; and WHEREAS, in order to participate in such Escambia Multi-County Single Family Housing Program and to approve the issuance of the Escambia Bonds, the St. Lucie Authority pursuant to Section 147(t) of the Intemal Revenue Code of 1986, as amended (hereinafter referred to as the "Code"), has held a public hearing on behalf of St. Lucie County, the Escambia Authority and Escambia County, following notice of such hearing given in the form prepared by the Escambia Authority by publication in The Port St. Lucie News on July 27, 2002 and the Fort Pierce Tribune on July 27, 2002 more than fourteen (14) days prior to such public hearing; and WHEREAS, in order to participate in the Escambia Multi-County Single Family Housing Program and to approve the issuance of the Escambia Bonds, the St. Lucie Authority desires to approve the form of and to execute and deliver an Interlocal Agreement with the Escambia Authority and to take such other actions as are necessary. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSING FINANCE AUTHORITY OF ST. LUCIE COUNTY, FLORIDA, THAT: Section 1. Authority. This Resolution is adopted pursuant to the provisions of the Florida Housing Authority Law, Chapter 159, Part IV, Florida Statues, and other applicable laws. Section 2. Findings. The St. Lucie Authority has found and determined and hereby declares that: (A) In order to realize the economies of scale afforded by aggregating the separate single family mortgage revenue bond programs for the St. Lucie Authority and the Escambia Authority, it is in the best interest of St. Lucie County and the St. Lucie Authority to authorize the Escambia Authority to issue the Escambia Bonds to finance single family mortgage loans for both Escambia County and St. Lucie County which qualify under the Act. (Bl The St. Lucie Authority held a public hearing on August 15, 2002. Such public hearing was conducted at the time and place advertised and at such hearing reasonable opportunity was provided for all interested individuals to express their MCL-07/18/02 Rev: 07/23/02 Rev: 08/07/02-6519-1ucyreshfa 2 '-' "wtII views, both orally and in writing, on the issuance of the Escambia Bonds. The St. Lucie Authority shall provide the minutes of such public hearing to the Governing Body for approval as the applicable elected representative or governmental unit. (C) In order to implement such Escambia Multi-County Single Family Housing Program and to approve the issuance of the Escambia Bonds, it is in the best interest of the St. Lucie Authority to enter into an Interlocal Agreement with the Escambia Authority. Section 3. Authorization of Form of Interlocal Agreement. The execution and delivery by the St. Lucie Authority of the Interlocal Agreement, authorizing the Escambia Authority to issue its Escambia Bonds to fmance qualifying single family mortgage loans in St. Lucie County, a proposed form of which is attached hereto as Exhibit A (the "Interlocal Agreement") is hereby authorized. The form of the Interlocal Agreement attached hereto as Exhibit A is hereby approved, subject to such changes, modifications, insertions, omissions, substitutions and such filling of blanks therein as may be approved and made in such form by the officers of the St. Lucie Authority and the Escambia Authority executing the same, such execution and delivery to be conclusive evidence of such approval. Section 4. Authorization to Execute. The Chairman or Vice Chairman and the Secretary or Deputy Secretary of the St. Lucie Authority are hereby authorized and empowered to execute and deliver the Interlocal Agreement, subject to such changes, modifications, insertions, omissions, substitutions and filling of blanks therein as such officers executing the same shall approve, such execution to be conclusive evidence of such approval and to affix thereto or impress thereon the seal of the St. Lucie Authority. The appropriate officers of the St. Lucie Authority are hereby further authorized to execute and deliver such other intergovernmental agreements, applications, consents, or other documents and instruments as may be necessary to implement the Interlocal Agreement, including, without limitation, application for up to the maximum available private activity bond volume allocations pursuant to the Act, for the purposes set forth in the Interlocal Agreement. Section 5. Approval of Issuance of Escambia Bonds and Public Hearing. The St. Lucie Authority hereby approves, pursuant to Section 147(f) of the Code, the Plan and issuance by the Escambia Authority from time to time, of not exceeding $150,000,000 Single Family Mortgage Revenue Bonds, initially designated as (Multi-County Program), Series 2003A, for funding the Escambia Authority's program for Mortgage Loans. The St. Lucie Authority hereby requests the Governing Body to approve, pursuant to Section 147(f) of the Code, the Escambia Authority's Plan and the issuance by the Escambia Authority of not exceeding $150,000,000 Single Family Mortgage Revenue Bonds, (Multi-County Program), Series 2003A. Section 6. No Expenditure of Funds; Limited, Special Obligations. Adoption of this Resolution does not authorize or commit the expenditure of any funds of St. Lucie County or of the St. Lucie Authority to pay the cost of issuance or any other costs, fees or payments with respect to such Escambia Bonds. The Escambia Bonds are limited, special obligations and will not constitute a debt of the State of Florida, St. Lucie County, Escambia County, or other participating Counties or of the St. Lucie Authority, the Escambia Authority or other participating MeL-07/18/02 Rev: 07/23/02 Rev: 08/07/02-6519-1ucyreshfa 3 '--' 'WI Housing Finance Authorities, but will be payable solely from payments made from the revenues generated from the Escambia Multi-County Single Family Housing Program. Section 7. Effective Date. The approvals and authorizations provided in Sections 3, 4 and 5 of this Resolution are expressly contingent upon and this Resolution shall become effective upon the adoption by the Governing Body of a resolution approving and authorizing the Escambia Authority to operate within the territorial boundaries of St. Lucie County with respect to the issuance of its Escambia Bonds. MCL-07/18/02 Rev: 07/23/02 Rev: 08/07/02-6519-1ucyreslúa 4 '-' "wi DULY ADOPTED by the Housing Finance Authority of St. Lucie County, this Is..... dayof~ ,2002. HOUSING FINANCE AUTHORITY OF ST. LUCIE COUNTY (SEAL) BQi¡~ Its: Chairman ATTEST: By,~¿úJM Its: Secretary MCL-07/18/02 Rev: 07/23/02 Rev: 08/07/02-65 19-1ucyreshfa 5 '-' MCL-07/1B/02 Rev: 07/23/02 Rev: 08/07/02-6519-1ucyreshfa 'wi Exhibit A INTERLOCAL AGREEMENT 6 '-' ...." INTERLOCAL AGREEMENT THIS AGREEMENT made and entered into this 15th day of August, 2002, by and between the ESCAMBIA COUNTY HOUSING FINANCE AUTHORITY, a public body corporate and politic organized and existing under the laws of the State of Florida (hereinafter referred to as the "Escambia Authority"). and the HOUSING FINANCE AUTHORITY OF ST. LUCIE COUNTY, FLORIDA, a public body corporate and politic organized and existing under the laws of the State of Florida (hereinafter referred to as the "Local Authority"); . WIT N E SSE T H: WHEREAS, Chapter 159, Part IV of the Florida Statutes, (the "Act") authorizes the creation of housing finance authorities within the State of Florida (the "State") for the purpose of issuing revenue bonds to assist in relieving the shortage of housing available at prices or rentals which many persons and families can afford; and WHEREAS, the Escambia Authority by resolution duly adopted on June 13, 2000 (the "Enabling Resolution") authorized a plan of fmance (the "Plan") for the issuance from time to time of not exceeding $400,000,000 Single Family Mortgage Revenue Bonds (Multi-County Program); and WHEREAS, the Escambia Authority has indicated that it expects to issue its Single Family Mortgage Revenue Bonds, Series 2003A (Multi-County Program) (the "Escambia Bonds" or the "Bonds") in a principal amount not exceeding $150,000,000, exclusive of any amounts required for refunding purposes; and WHEREAS, pursuant to Sections 143 and 146 of the Internal Revenue Code of 1986, as amended (the "Code"). the amount of qualified mortgage bonds (as defmed in Section 143 of the Code) which may be issued in each year is limited by a private activity volume cap which has been established for such purpose within the State; and WHEREAS, the limitations upon available portions of the private activity volume cap prevents the separate issuance of qualified mortgage bonds for each county from being feasibly and economically accomplished; and WHEREAS, the Escambia Authority has authorized a sufficient amount of Escambia Bonds the proceeds of which will be used to fmance a portion of the anticipated demand during the proposed Origination Period for qualifying single family mortgages ("Mortgage Loans") of both Escambia County and St. Lucie County, as well as certain other counties which may also participate in a joint bond program; and WHEREAS, the aggregation of mortgage loan demand and the securing of the related amount of the cumulative State private activity volume cap (the "Allocation Amount") granted by the State through 2003 (the "Authorization Period") for the purpose of issuing qualified mortgage revenue bonds to fmance qualifying single family MCL-07/18/02 Rev: 07/23/02 Rev: 08/07/02-6519-1ucyia ! '-' ....., residences to be occupied primarily by first-time home buyers will result in a wider allocation of fixed expenses and certain other economies of scale; and WHEREAS, unless such economies are realized, the issuance of qualified mortgage revenue bonds for such purpose would be less economical, resulting in high mortgage costs to qualified mortgagors; and WHEREAS, because the restrictions attendant to qualified mortgage bonds under the Code limits the availability of mortgage funds for many eligible persons (within the meaning of the Act), the Escambia Authority may also issue taxable mortgage revenue bonds to increase the amount available for Mortgage Loans and to reduce or ameliorate such restrictions upon eligible persons; ahd WHEREAS, Sections 159.603 and 159.604, Florida Statutes, authorize St. Lucie County, Florida (the "Participating County") to approve the issuance of qualified mortgage revenue bonds to alleviate the shortage of affordable housing within the Participating County, which approval has been granted by a resolution of the Board of County Commissioners of the Participating County adopted on August 15, 2002 (the "County Resolution"); and WHEREAS, Sections 163.0 I, 159.608 and 125.01, Florida Statutes, and the County Resolution authorize this Agreement by conferring the authority to exercise or contract by agreement upon the Escambia Authority to exercise those powers which are common to it and the other parties heretoinc1uding issuing mortgage revenue bonds based on the Allocation Amount to (i) make available funds to finance qualifying single family owner-occupied residences located within the Participating Counties in accordance herewith, (Ü) establish the reserves therefor, and (iii) pay the costs of issuance thereof (collectively, the "Program"). NOW THEREFORE, the parties agree as follows: Section 1. Allocation Amount; Substitution of Bonds. The Local Authority hereby authorizes the Escambia Authority to issue, reissue, remarket or refund qualified mortgage revenue bonds, in the form of its Single Family Mortgage Revenue Bonds (the "Bonds") from time to time based on the Allocation Amount through the Authorization Period for the purpose of fmancing the Program and making funds available for qualifying single family owner-occupied residences in the Participating County to the full extent permitted by the Act. Any Escambia Bonds issued for such purposes with respect to the Participating County are hereby deemed to be in full substitution for an equivalent principal amount of the Local Authority's bonds that could have been issued for such purpose. The Local Authority hereby authorizes the Escambia Authority to utilize the Local Authority's Allocation Amount on behalf of the Local Authority, as part of its Plan for the purpose of funding the Program, including among other things, financing of qualifying single family mortgages in the Participating County, and the Escambia Authority is hereby designated as the bond issuing authority for the Local Authority through the end of the Authorization Period with respect to all such Allocation Amounts. The proceeds of the Escambia Bonds shall be allocated and applied solely to the funding, or refmancing of or refunding obligations, the proceeds of which will be used for the funding of Mortgage MCL-07/18/02 Rev: 07/23/02 Rev: 08/07/02-6519-1ucyia 2 '-' ...." Loans within the various Participating Counties and for reserves and the payment of costs of issuing the Escambia Bonds, in accordance with Chapter 159, Part VI, Florida Statutes, the requirements of Section 103 and 143 of the Internal Revenue Code of 1986, as amended, and the instructions of bond counsel thereunder, in such manner as to provide fair access by residents of St. Lucie County to bond proceeds equal to the net Allocation Amount for St. Lucie County, giving due regard after July 1, 2003, to the speed and extent of utilization of all Allocation Amounts within all Participating Counties so as to expend all net Bond proceeds to originate Loans as fast as possible. All revenues generated by bonds issued pursuant to this Agreement and by the use of the proceeds thereof, will be administered by the Escambia Authority, or its agents, and all payments due from such revenues shall be paid by the Escambia Authority, or its agents, without further action by the Local Authority. Section 2. Administration. The Escambia Authority hereby assumes responsibility for administering this Agreement by and through its employees, agents and officers; provided, however, that the Local Authority retains and reserves its right and obligation to require reasonable reporting on programs designed for and operated within the Participating County, including, but not limited to, reasonably available mortgagor or profile data. The Escambia Authority and its agents shall provide the Local Authority with a copy of the transcript of documents and proceedings for the Escambia Bonds and such reports as may be necessary to comply with disclosure requirements and to account for funds generated by this Agreement. The Escambia Authority shall have full authority and responsibility to negotiate, defme, validate, market, sell, issue, reissue, deliver, refund or remarket its Escambia Bonds in the maximum Allocation Amount, based upon mortgage loan demand and available Allocation Amounts permitted by law, to fmance qualifying single family housing developments in the Participating County and to take such other action as may be necessary or convenient to accomplish such purpose. Each Participating County may apply for the full Allocation Amount available for such Participating County. It is agreed that the initial regional Allocation Amount for the Escambia Bonds in St. Lucie County and other Participating Counties located within the same bond volume allocation region under Section 159.804, Florida Statutes, shall be allocated ratably between St. Lucie County and such other Participating Counties within such region based upon lender demand. All lendable proceeds of the Escambia Bonds attributable to the mortgage loan demand in St. Lucie County shall be reserved for use in originating Mortgage Loans in St. Lucie County for an initial period of one hundred and twenty (120) days or until July 1,2003 whichever is later. The issuance and administration costs and expenses related to the Escambia Bonds issued to fmance the Program and administration of such Program shall be paid from proceeds of the Escambia Bonds and revenues generated from the Program. Section 3. Program Parameters. (Al Upon request of the Escambia Authority, the Local Authority shall, to the extent permitted by law, (i) approve, establish, and update, from time to time as necessary, upon the request of the Escambia Authority, such Program parameters including, but not limited to, maximum housing price and maximum adjusted family MCL-07/18/02 Rev: 07/23(02 Rev: 08(07(02-6519-1ucyia 3 '-' 'wi income for eligible borrowers, as may be required for any bonds issued by the Escambia Authority pursuant to this Agreement and (ii) approve the allocation of Mortgage Loan moneys for each lending institute offering to originate Mortgage Loans within the Participating County. Unless othervvise notified in writing by the Local Authority, the Escambia Authority may from time to time approve and establish such maximum price and family income amounts at the maximum levels provided pursuant to the Code without further action of the Local Authority or Participating County. (B) The fees and expenses of the Local Authority and the fees and expenses of its counsels shall be paid from the proceeds of the Program in the manner and to the extent mutually agreed upon by the officials of the Local Authority and the Escambia Authority at or prior to issuance of the Escambia Bonds. Notwithstanding anything herein to the contrary, a program fee payable to the Local Authority from amounts received in connection with the issuance of the Bonds shall be equal to $1.00 per $1,000 principal amount of bond allocation received from the State of Florida for use in St. Lucie County. Section 4. Term. This Agreement will remain in full force and effect from the date of its execution until such time as it is terminated by any party upon ten (10) days written notice to the other party hereto. Notwithstanding the foregoing, it is agreed that this Agreement may not be terminated by the Local Authority during the Authorization Period, or by any party during any period that the Escambia Bonds issued pursuant to the terms hereof remain outstanding, or during any period in which the proceeds of such Escambia Bonds (or investments acquired through such proceeds) are still in the possession of the Escambia Authority, or its agents, pending distribution, unless either (i) the parties to this Agreement mutually agree in writing to the terms of such termination or (ii) such termination, by its terms, only applies prospectively to the authorization to issue Escambia Bonds for which no Allocation Amount has been obtained or used by the Escambia Authority and for which no purchase contract has been entered into. It is further agreed that in the event of termination the parties to this Agreement will provide continuing cooperation to each other in fulfilling the obligations associated with the issuance of Bonds pursuant to this Agreement. Section 5. Indemnity. To the full extent permitted by law, the Escambia Authority agrees to hold the Participating County and the Local Authority harmless from any and all liability for any actions by the Escambia Authority relating to the Program, including, but not limited to the repayment of principal of, premium, if any, and interest or penalty on the Escambia Bonds issued pursuant to this Agreement, and the members, officials, employees and agents of the Participating County and the Local Authority harmless from any and all liability in connection with the approval rendered under the respective resolutions adopted August 15, 2002. The Escambia Authority agrees that any offering, circular or official statement approved by and used in marketing the Escambia Bonds will include a statement to the effect that Bond owners may not look to the Participating County or the Local Authority and their respective members, officials, employees and agents for payment of the Escambia Bonds issued pursuant to this Agreement and interest or premium or penalty thereon. MCL-07/18/02 Rev: 07/23/02 Rev: 08/07/02-6519-1ucyia 4 '-' ...." IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be affIxed hereto by the proper officers thereof as of the 15th day of August, 2002. ESCAMBIA COUNTY HOUSING FINANCE AUTHORITY (SEAL) ATTEST: By: Its: Sandra J. Ward, Chairman By: Its: Elbert Jones, Jr., Secretary HOUSING FINANCE AUTHORITY OF ST. LUCIE COUNTY, FLORIDA By: Its: Chairman ATTEST: By: Its: Secretary (SEAL) MCL-07/18/02 Rev: 07/23/02 Rev: 08/07/02-6519-1ucyia 5 '-' ...., The undersigned Secretary of the Housing Finance Authority of St. Lucie County, Florida, does hereby certify that the foregoing is a true and complete original of the lnterlocal Agreement executed by the Chairman and Secretary as of August 15, 2002. Date: August 15, 2002 HOUSING FINANCE AUTHORITY OF ST. LUCIE COUNTY, FLORIDA By: Its: Secretary Housing Finance Authority of St. Lucie County (SEAL) MCL-07/18/02 Rev: 07/23/02 Rev: 08/07/02-6519-1ucyia 6 ~. AGENDA REQUEST ....." ITEM NO. e 7 h DATE: August 27, 2002 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Heathcote Botanical Gardens - Increase in Admission Fees BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve the proposed fee increase effective October 1, 2002. COMMISSION ACTION: [)Q APPROVED [ ] DENIED r .] OTHER: D. uglas Anderson County Administrator County Attorney: )J/ Review and Approvals Management & Budget Parks & Rec. Dir: s. ~¿ Purchasi ng: Originating Dept. County Eng.: Finance: (Check for Copy only, if applicable) Eff. 5/96 '-' ....., INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. 02-1258 DATE: August 21, 2002 SUBJECT: Heathcote Botanical Gardens - Increase in Admission Fees BACKGROUND: On March 4, 1986, the Board entered into a Use Agreement with Heathcote Botanical Gardens, Inc. to operate and maintain Heathcote Botanical Gardens. Article 14 of the Use Agreement provides that the Board must approve any changes in the amount of fees charged at the Gardens. In this regard, attached is a letter dated August 8, 2002 from Gloria Moore outlining a proposed increase in admission fees effective October 1, 2002. A summary of the existing and proposed fees follows: Adult Child (6-12) Child (under 6) Existing Fees $3.00 $ 1.00 -0- Proposed Fees $4.00 $2.00 -0- RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the proposed fee increase effective October 1, 2002. DSM/caf Attachment AGENDA REOUEST ...., ITEM NO. C-Sa DATE: August 27, 2002 REGULAR [ ] PUBLIC HEARING [ CONSENT [X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): Administration Doug Anderson County Administrator SUBJECT: School Readiness Coalition of St. Lucie County, Inc. BACKGROUND: Kathryn Basile, Chairman of the School Readiness Coalition of St. Lucie County, Inc. is requesting that a new member be appointed to this Coalition to replace Victoria Stalls, who has resigned from the Coalition. Commissioner Lewis currently is a member of the Children's Services Council and has expressed interest in serving on this Coalition. FUNDS AVAILABLE: NjA PREVIOUS ACTION: None . RECOMMENDATION: Consider staff recommendation to appoint Commissioner Paula A. Lewis to the School Readiness Coalition of St. Lucie County, Inc. COMMISSION ACTION: ~] APPROVED [ ] DENIED [ ] OTHER: Review and Approvals County.z,ttorney: Management & Budget Pllychasing: Originating Dept. Other: Other: Flre..nce: (Cr-Leck for Copy cnly, if a¡:;plicable) Eff. 5/96 · Chair Kathryn Basile Vice-Chair Joyce Nix Secretary Judy Jessen Treasurer Tony Loupe Board Members Willie Mae December Lorrene Egan Linda Hall Mary Jones Marilyn Lawless Toby Long Vern Melvin Elaine Murdock Kathy Post Kara Rheaume AI Rivett V. Peggy Stewart Gwenda Thompson Stephen Tierney Donna Vercillo Dr. William Vogel Diane Walgren Sara Whitacre Elizabeth Young Executive Director Nancy Archer SCHOOL READINESS COALITION OF ST. LUCIE COUNTY, INC. 117 Atlantic Avenue Fort Pierce, Florida 34950 (772) 595-6424· Fax: (772) 595-6081 August 7, 2002 ~~\/ Mr. Douglas Anderson St. Lucie County Administrator 2300 Virginia Avenue Fort Pierce, FL 34982 Dear Mr. Anderson: The School Readiness Legislation, signed by Governor Bush in June 1999, mandates that certain individuals serve on the local School Readiness Coalition. According to the Statute, the Board of County Commissioners must appoint a member to this Coalition. Victoria Stalls, the first appointee of the Commission, has had to resign from the Coalition and we need you to appoint a replacement. The Coalition's main goal is to provide economically at-risk children, from birth to 5 years old, with a quality preschool education so they are ready for kindergarten. This is important legislation, which is greatly impacting our community. Please submit this request to Chairman Coward. The Coalition meets on the first Wednesday of each month, from noon to 1 :30 PM, at the St. Lucie County Health Department on NW Milner Drive. If you need more information, please feel free to contact me or the Executive Director of the Coalition, Nancy Archer, at 595-6424. Thank you for your time and cooperation. o ~(c;;I;1n\Vf\'~ I J~:!I ~', - , 'I ~j AUG 0 7 200? Ji The mission of the School Readiness Coalition of S. ucie Coun is to prov~cJ.e a~1 children, !rom birth t~ five, with quali4'. ~ti1.{ß IN. 0 F Fie E opportumtles In order to Increase the" chances of achle educational success and becoming productive members of society. AGENDA REQUEST ....., ITEM NO. C-Sb DATE: August 27, 2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): Administration Doug Anderson County Administrator SUBJECT: BOCC Meeting Changes for November, 2002 BACKGROUND: It is requested that the November meeting times be changed due to the Annual Reorganization and Election Day to the following schedule: November 5, 2002 November 19, 2002 Change time from 7:00 pm to 9:00 am Change time from 7:00 pm to 9:00 am FUNDS AVAILABLE: N/A PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the November 5, 2002 and November 19, 2002 BOCC Meetings be changed to 9:00 am. [X APPROVED [ ] DENIED [ ] OTHER: COMMISSION ACTION: D gl Anderson ounty Administrator Review and Approvals Coun ty .~t torney; Kanagement & Budget Purchasing: Or~.ginatinÇJ Dept_ Other: Other: FWdnce: ICr_ec:, for Copy only, if applicable) Eff. 5/96 AGENDA REQUEST ...., ITEM NO. C-8C DATE: August 27,2002 CONSENT [ Xl REGULAR PUBLIC HEARING [ ] Leg. [ Quasi-JD. [ SUBMITTED BY (DEPT): Administration TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: BACKGROUND: FUNDS AVAIL. : PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: [ltl [ 1 APPROVED OTHER: County Attorney: Originating Dept: Finance: Authorize the County Administrator to sig grant application to the St. Lucie River Issues Team for grant ds to assist with the acquisition of the Indrio Blueway Buffer project. On August 13, 2002, the Board of County Commissioners authorized the submittal of a grant application to Florida Communities Trust (FCT) to purchase a lOS-acre site along the Indian River Lagoon. The FCr grant application requested 75% - $1,102,500 of the project cost and the grant application to the Issues Team will be for 25% - $367,500 of the acquisition cost. According to FCT rules published in the Florida Administrative Code, any state or federal grant can be used as a match except grants from the Florida Forever funds. Since the Legislature approves funds for the Issues Team request, the match would be allowable. The Issues Team plans to request up to $5 million dollars from the State this year for project in the lower Indian River Lagoon and acquisition of criticQl ecological lands along the Lagoon is an appropriate grant request. The Issues Team applications are due September 5, 2002 and will not be fully funded until after the Governor signs next year's budget. Since the County applied to FCT for 75% of the project cost, no match is required for the St. Lucie River Issues Team application. The Board authorized the submittal of a grant application for the Indrio Blueways Buffer project on August 13, 2002. Staff recommends that the Board authorize the County Administrator to sign the grant application to the St. Luc' River Issues Team. DENIED ~ Count coordination/Sign~_ Mgt & Budget: 2I2£Y t'YI Public Works: Purchasing: Other: AgeSLRITibbuffer.doc '-" """ st. Lucie River Issue Team June 2002 The IRL watershed, particularly the St. Lucie Estuary (SLE) portion, was drastically impacted by necessary freshwater releases in 1998 due to EI Nino rains. Lake Okeechobee was the highest it had ever been during the dry season with. the wet season and coinciding hurricane season only a few months away. Water managers decided to take extreme measures to bring down the level of the Lake as quickly as possible to reduce threats to levee integrity. Freshwater releases of up to 7,500 cubic feet per second, or 15,OQQ-acre feet per day were made to the St. Lucie Estuary for a period of almost 6 weeks. These "maximum discharge" releases resulted in severe ecological impacts to the SLE ecosystem. The community and media brought attention to the catastrophic event and demanded action towards restoring the damaged habitat, and preventing further releases that resulted in habitat and wildlife loss. The St.. Lucie River Issue Team was formed by the South Florida Ecosystem Restoration Task Force to document the existing condition of the SLE, describe the impacts of the discharge event, and develop an interim action plan with specific short term projects that could be implemented within five years to improve water quality in the SLE. The team was made up of a variety of federal, state and local governments in addition to agricultural and environmental interests. In the past four years the St. Lucie Issues Team has solicited, ranked and submitted to the Florida Legislature local turn-dirt projects focused on the restoration of the St. Lucie Estuary and Indian River Lagoon. We have received $26.5 million in the past four years from the Florida Legislature. Each project funded requires a minimum of a 50% match from the local sponsor and projects are ranked according the three basic criteria: bang for the buck, readiness and local commitment. To date the Issues Team has funded 87 projects in Martin and St. Lucie Counties and their municipalities. We would like thank our local elected officials and those that have participated in, or benefited by, our process. We can be proud of our track record. St. Lucie Issues Team Co-Chairs: Paul Millar,SFWMD John Mltnik, FDEP '" ..." St. Lucie River Issues Team Meeting September 18, 2002 Relevance and Application Criteria The St. Lucie River Issues established criteria prior the initial screening of applications in 1999. These criteria specified that the project must benefit water quality and/or provide habitat improvement. Research is funded at a level not to exceed 10% of overall funding for the Issues Team, except under special circumstances. Research should lead to improved water quality through development of a Best Management Practice (BMP) or provide data, which will assist in the habitat restoration goals of the SLE and/or the IRL. Projects must be ready to go when funding is made available. Real estate acquisition is funded, but all necessary preliminary steps should have been completed prior to application. This includes, but is not limited to: identification of willing sellers, Phase 1 environmental surveys, title search, project design to most complete percentage possible, initial bid package preparation, permit application preparation, etc. Format Please plan on presenting utilizing PowerPoint. I have arranged for facilities with a LCD projector, and a computer with a CD-ROM will be provided. It is best if you plan to burn your program onto a CD and bring it with you to the presentation. If this is problem, you can e-mail your presentation and I will burn it onto a CD for you. If this step is necessary, please keep the presentation to a small file size (less than 5 MB) or send me a few slides at a time. This is due to a limitation of file size on the SFWMD network. Printed Materials In the interest of saving time on the date of the presentations, I will provide electronic copies of all of the proposals to the Issues Team Members in advance of the meeting, and they will also have a hard copy at their seat. Please plan to bring no less than 20 copies of your presentation to share with members of the audience. Presentation Schedule I have traditionally scheduled 15 minutes for each presentation and it has proven to be satisfactory. It is intended that time for questions from the Issues Team members should be included within the 15-minute block. Please be sure to allow sufficient time for your presentation and possible subsequent questions. GOOD LUCK ~.. \w ....I AGENDA REQUEST ITEM NO. C-8D DATE: August 27,2002 CONSENT Xl REGULAR PUBLIC HEARING [ l Leg. [ Quasi-JD. [ SUBMITTED BY (DEPT): Administration TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Authorize the temporary expenditure of $36 of Environmentally Significant Lands funds for match funds for a ida Communities Trust Florida Forever Program grant application for the acquisition of Indrio Blueway Buffer. BACKGROUND: On July 29th, 2002, St. Lucie County submitted a grant application to the Florida Communities Trust Florida Forever Program (FCT) for the acquisition of Indrio Blueway Buffer. Total acquisition price of the property is $1,407,000. The grant request was for $1,102,500. St. Lucie County is to provide a 25% match of $367,500. In the grant it was stipulated that match funds were to come from federal grants. On August 20, 2002, the County received a letter from FCT stating that the County must provide documentation of the source of the match. At this time, no federal grant funds have been secured for the match. However, staff have identified and have had discussions with three probable funding sources. These are: National Coastal Wetlands Conservation Fund (NCWC), USDA Wetlands Reserve Program (USDAWR), and St. Lucie River Issue Team Fund. Discussions with these programs have indicated a strong probability that each would be able to provide the necessary match of $367,500. The application deadlines for these three programs are September ,2002 for SLRIT; October, 2002 for USDAWR; and April 2003 for NCWC. Staff will be submitting applications to each program and will utilize the funds of whichever program provides the matching funds at the earliest date. Staff is recommending that, until these funds are secured, $367,500 be borrowed from the St. Lucie County's Environmentally Significant Lands funds for the necessary match. FUNDS AVAIL.: $367,500 is available in the Environmentally Sensitive Land fund: 382-3915-561000-300. PREVIOUS ACTION: The Board authorized the submittal of a grant application for the Indrio Blueways Buffer project on August 13, 2002. RECOMMENDATION: Staff recommends that the Board authorize the expenditure of $367,500 in Environmentally Sensitive Land funds for match for the Indrio Blueways Buffer proj ect. These funds will be reimbursed as federal/state grant funds become available. [Xl [ ] APPROVED OTHER: DENIED Purchasing: Other: COMMISSION ACTION: County Attorney: Originating Dept: Finance: y Mgt , Budget: Public Works: '-' -.I JFloriJa Commt1lJlJlni6es Trust VIA AIRBORNE August 19, 2002 Mr. William J. Hoeffner, Grants Writer St. Lucie County Department of Administration 2300 virginia Avenue Fort Pierce, FL 34982 Re: Notice of Status - Ineligible FCT Project Number: 02-091-FF2 Indrio Blueway Buffer St. Lucie County Dear Mr. Hoeffner: Thank you for submitting your application to the Florida Communities Trust (FCT) for consideration during the Florida Forever Grant Cycle (FF2 Grant Cycle) . Unfortunately, your application did not meet the following requirements in order to be classified as eligible for the FF2 Grant Cycle, pursuant to Rule 9K-7.006, F.A.C. You will have until Tuesday, Auqust 27. 2002 at 6:00 p.m. (EDT) to provide the following information to remedy your eligibility status. If the necessary information is not received by this date and time, your application will not be considered. 1_ The combination of grant awards in Item ll.a. for separate applications submitted exceeds the advertised limit on awards of $6.6 million. Our records indicate that St. Lucie County has submitted applications for the following projects: . Project 02-054-FF2 Project 02-056-FF2 Project 02-057-FF2 Project 02-071-FF2 Project 02-091-FF2 Project 02-092-FF2 Ancient Oaks Addition Ten Mile Creek East Indrio Scrub Preserve North Fork - Phase 3 Indrio Blueway Buffer Ten Mile Creek West TOTAL $ 255,000 $2,617,500 $ 427,500 $1,537,500 $1,102,000 $ 675,000 $6,615,000 . Please revise the requested grant award amount(s) in your application(s) such that the sum total of all awards requested in all applications is less than or equal to $6.6 million, as specified in Rule 9K-7.003(3), F_A.C. DEPARTMENT OF COMMUNITY AFFAIRS· 2555 SHUMARD OAK BOULEVARD· TAlLAHASSEE, FL 32399-2100 850/922-2207 . SUNCOM 292-2207 . FAX 850/921-1747 @ FLORJUA COMMuNm~ TRUST RECYUES \.r ""'" Notice of Status - Ineligible FCT Project Number: 02-091-FF2 Page 2 2. Provide documentation on the source (s) of match. please identify and provide backup documentation regarding the source (s) of federal match identified in Item 13. Should your appl-ication (s) be deemed eligible after receiving the requested information, you will be required to revise your project site and submit the associated revised maps or exhibits to FCT Staff for clarification purposes. Please mail four (4) sets of your revised materials to: Janice Browning, Executive Director Florida Communities Trust 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 All revisions must be received by FCT by Tuesday, AUQUst 27, 2002 at 6:00 p.m. (EDT). Please remember to include your project number on all correspondence. Late-filed revisions will not be accepted, and will cause your application to remain ineligible. Also, please be aware that your submitted revisions must comply with eligibility requirements, or your application will not be eligible for funding by FCT and will not be reviewed for the FF2 Grant Cycle. On behalf of the Trust, I would like to thank you for the efforts made on behalf of your organization. If you have any further questions or concerns, please contact Carrie Hall at (850) 922-2207 (SunCom 292-2207) . JB/cew cc: Ms. Diana Waite, planner III \w ~ August 20, 2002 COMMUNITY DEVELOPMENT DIRECTOR ßOARD OF COUNTY COMMISSIONERS Ms. Janice Browning, Executive Director Florida Communities Trust 2555 Shumard Oak Boulevard Sadowski Building, Suite 310 Tallahassee, FL 32399-2100 Re: Notice of Status - Ineligible St. Lucie County Applica_tions Dear Ms. Browning: Enclosed please find four sets of the corrected grant award request for the Ten Mile Creek East Project (#02-056-FF2). The Award Amount and Match have been revised to be consistent with the Estimated Project Costs, which will reduce the County's overall request to $6,539,500. The enclosed revision to the Ten Mile Creek East Project and this letter is intended to address your August 19, 2002 letters regarding the ineligible status for the following projects: Proiect Number Proiect Name FCT Award Reauest Project 02-054-FF2 Project 02-056-FF2 Project 02-057 -FF2 Project 02-071-FF2 Project 02-091-FF2 Project 02-092-FF2 Ancient Oaks Addition Ten Mile Creek East Indrio Scrub Preserve North Fork - Phase 3 Indrio Blueway Buffer Ten Mile Creek West Total $ 255,000 $2,542,500 (revised request) $ 427,500 $1,537,500 $1,102,000 $ 675,000 $6,539,500 I apologize for any inconvenience this has caused. If you have any questions, please contact me at (772) 462-1577. Sincerely, ~a~eWø ~d Planner III Grants Writer JOHN D. D~UHN. Disrricr No.1' DOUG CO')/A~D. Dlsrric No.2' PAULA A. LEWIS. Disrricr No.::J . mANN:ò ---:- ';SON D:micr No.4' CLIFF DA~NES. Disrricr No.5 (ounry Adminisrraror - Douglas M. Andeorson 2300 Virginia Avenue · Fort Pierce, FL 34982-5652 Administration: (772) 462-1590 . Planning: (772) 462-2822 · GISffe:'-:n:col Services: (772) 462-1553 Economic Development: (772) 462-1550 · Fax: (772) 462-1581 Tourisr/Convention: (772) 462-1529 · Fax: (772) '<'62-2132 www.co.st-Iucie.fl.us '" ...,j AGENDA REQUEST ITEM NO. C-13 DATE: August 13,·2002 CONSENT [X REGULAR [ PUBLIC HEARING [ ] Leg. Quasi-JD. [ ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): Administration L County Attorney: .)~ ~1\f1M Originating Dept: Finance: SUBJECT: BACKGROUND: FUNDS AVAIL. : PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: APPROVED OTHER: Authorize the County Adminiocrator to sign he Florida Communities Trust Florida Forever Proç:::am grant app1.ccation to the Florida Department of Community ~ffairs fo nis to assist in the acquisition of Indrio Blue~ay Buffer, a 105 acre parcel of land bordered by Wilcox Road, Michigan Street, Old Dixie Highway, and the Indian River Lagoon. The deadline for submittal of the grant application was July 3Ô, 20:2. The Florida Department of Community Þ.ffairs requested Florida Communities Trust Florida F~rever Program g:::ant applications to be submitted for review fo::: pcssible funding in the State's 2002/2003 fiscal year. Staff requests authorization to submit an ·application to request $1,102,500 fa::: the acquisition of Indrio Blueway Buffer. Estimated purchase price is $1,470,000. A 25% match from the County is required. Indrio Bl~eway Buffer contains 105 acres of environmentally sensitive lands with five distinct natura: communities. The project oite is imrnedia-:ely adjacent to Indrio Scrub Preserve, an envirorrc.entally sensitive land project that was approved for FCT funding :'n 2001. Harbo::: Branch Oceanographic Institute owns the property and has expressed a desire to sell the project to the county for c~nservation purposes. The project site, on its northern boundary, is adjacent to Ha:::bor Branch. Funds for the County's match of ·$367,500 will be sought from the U. S. Fish and Wildlife Service. During June, 2001, this Board authorized s~bmission of the Indrio Scrub Preserve FCT project -"Ihich has been approved for FCT funding- The acquisition process for Indrio Scrub Preserve has bee~ initiated. Indrio Blueway Buffer is adjacent to Indrio Scru:::' Preserve across Old Dixie ~ighway. Staff recommends that the ~oard authorize the County Administrato::: to sign the Florida Co~~uties Trust Florida Forever Program grant application for Indrio Blue Buffer project -:0 Florida Department of Community Affairs. CONCURRENCE: DENIED Douglas Anderson County Administrator PurchaSing: other : Mgt , Budget: Public Works: '" ..., PROJECT SUMMARY In the space below: 1. Provide a discussion of the purposes of the project, existing and future uses, existing and proposed physical improvements, natural and historic resources, and resource protection and enhancement activities. 2. Provide a descriptive statement of how the project will benefit the community. The 1 05.60-acre-lndrio Blueway Buffer is located in northeastern St Lucie County. The property is roughly trapezoidal in shape and its shòrtest length, approximately 1,750 feet, borders the Indian River Lagoon, the most ecologically diverse estuary in North America with over 4,000 species of plants and animals. The subject property is located between the Indian River Lagoon to its east and Florida East Coast Railroad to the west Old Dixie Highway runs parallel to Florida East Coast Railroad and is separated from it by a 1 DO-foot right-of-way. Immediately across Old Dixie Highway is Indrio Scrub Preserve, a 23-acre preserve approved for acquisition by FCT in 2001 (01-069-FF1). To the south, the project site is bordered by Michigan Street. To the north, it is bordered by Wilcox Road and Harbor Branch Oceanographic Institute; a non-profit organization dedicated to oceanographic, marine, and aquaculture research. Harbor Branch owns the project site and has expressed a desire to sell the property to St Lucie County for conservation purposes. Harbor Branch has also expressed an interest in developing environmental education programs regarding the project site with St Lucie County. The land cover of the site consists predominantly of five natural communities: Mesic Flatwoods,- Prairie Hammock, Scrub, Baygall, and Tidal Swamp. These communities lend themselves to significant environmental diversity. The Florida Fish and Wildlife Conservation Commission has stipulated the site is a biodiversity hotspot and priority wetland for wetland species. There are five primary purposes to the acquisition of the project 1) The project will ensure xeservation of this diverse community bordering the Indian River Lagoon. 2) Restoring the wetlands of the project site to a more natural state will improve water quality within the lagoon. 3) The project will serve as an educational opportunity for area schools and environmental groups regarding the natural communities existing within the site; the development, importance, and maintenance of these communities; the typical plants of the communities; and typical animals of the community. 4) The project will serve as an addition to other environmental lands in the Indrio area owned by St. Lucie County, many of which have been acquired with FCT funds. The project extends the Indrio North Savannahs Greenway and Trail (See Appendix Greenways and Trails). In concert with these other properties, it forms a wildlife corridor that reaches greater than four miles and includes more than 800 acres. The corridor provides strategic habitat to numerous listed species including the wood stork, Lakela's mint, bald eagle, the Florida scrub jay, the scrub lizard, the gopher tortoise, black whiskered vireo, and various wading birds. The endangered West Indian manatee utilizes the grassbeds of Indrio Blueway Burrer and anothér corridor site bordering the Indian River Lagoon for foraging. 5) The project, in conjunction with the Indrio North Savannas Greenway Trail, will provide inexpensive recreational opportunities and potential economic development to nearby Fort Pierce, a community with a poverty rate and unemployment rate that more than doubles the national average. Although there are no known historical resources on the site, there are four structures within ~ mile of the property. Due to its location between the Indian River Lagoon and Indrio Savannas, there is a high probability that additional artifacts could be found on site. The only existing physical improvements to the site are an abandoned mosquito control dike and a small borrow pit and ditch on the western side of the property. Proposed improvements include more than 1500 feet of nature trails, interpretive signa~~e, a small parking area, and culverts and a pump station to be utilized to restore the wetlands. The parking area will be located in an area that has been previously disturbed. Invasive species will be removed. The property will be managed in accordance with the preservation demands of the natural communities. The project will benefit the local community by preserving environmentally sensitive lands and endangered species; by providing an important link in a wildlife corridor, by providing educational opportunities to local schools, environmental groups, and nature enthusiasts; by providing increased recreational opportunities to include hiking, nature study, and birding; and by increasing economic development through activities frequently associated with greenway trails. Pace 6 '-' "wi FLORIDA COMMUNITIES TRUST FLORIDA FOREVER PROGRAM ApPLICATION FORM FF-2 1. PROJECT NAME Indrio Bluewav Buffer (Descriptive project name) 2. APPLICANT NAME st. Lucie County (Name of local government or nonprofit environmental organization) , If nonprofit environmental organization, provide information requested in Exhibit M and N. - 3. PARTNERSHIP APPLICATION Is this a partnership application between two or more local governments or nonprofit Yes No environmental organizal:ions, as described in Rule 9K-7.002(26), FAC.? X If "Yes," provide the name(s) of the local government(s) or nonprofit environmental organization(s). 4. KEY CONTACT PERSON Note: The Key Contact is required to be an employee of the local government or designated representative, of the nonprofit environmental organization. Identify only one key contact person. . Key Contact Name William J. Hoeffner First Middle Initial Last Title Grants Writer Department/Nonprofit Organization Administration Mailing Address 2300 Virqinia Avenue City Fort Pierce . FL Zip Code 34982 Note: If the applicant's principal office address is a post office box, a delivery address is also required. Delivery Address - City , FL Zip Code Phone Number (772) 462-14677 259-1467 Primary SunCom (if applicable) Fax Number (772) 462-2131 N/A Primary SunCom (if applicable) E-mail address (if applicable) hoeffner@co.st-Iucie.fl.us - 5. PROJECT SITE LOCATION County(ies) St. Lucie County Section 17 Township 348 Range 40E Note: Cite only one Section, Township and Range to indicate where all or most of the project acreage is located. I Include all directional designations (i.e., Section 21, Township 1 South, Range 1 East). Pace 1 6. TOTAL PROJECT ACREAGE 10560 Acres Indicate the approximate acreage of the project site to two decimal points. 7. PRE-ACQUIRED PARCELS The entire project site or a portion of the site has been pre-acquired by the applicant through a voluntarily - negotiated transaction within 24 months prior to the application deadline. If so, provide the owner's name(s), parcel tax identification number(s), and the closing date(s) of each pre-acquired parcel. Owner's Name Parcel Tax ID Number Date of Closing . ~ N/A 8. REIMBURSEMENT ACC1UISITION - Parcels to Be Acquired (Applicant conducts the entire acquisition and is reimbursed by FCT alter the acquisition is completed) The entire project site or the remaining un-acquired parcel(s) in the site will be acquired by the applicant through a voluntarily-ne¡¡otiated transaction within 18 mànths after the appEcation deadline. If so, provide the owner's name(s), pelrcel tax identification number(s);and the anticipated closing date(s) o~ each parcel. Owner's Name Parcel Tax ID Number Date of Closing N/A For project sites with more than one parcel to be acquired, the applicant must complete the Acquisition Plan on page 5. 9. JOINT ACQUISITION _ Parcels to Be Acquired (The entire project site or remaining unacquired parcel(s) will be a joint acquisition with both FCT and the applicant participating in the acquisition process) Number of separate pan;els to be acquired within the project site 1 Number of separate ownerships to be acquired within the project site 1 Note: For a project site that consists of six or more ownerships to be acquired, the applicant wi/! be required to act as the lead party responsible for the acquisition activities, as described in Rule 9K-7.003(6), F.A.C. For projects with only one owner and one parcel, provide the owner's name, tax identification number, address and phone number in the space provided below: Owner's Name Parcel Tax ID Number Owner's Address Phone Harbor Branch 5600 Norrth U.S. Highway 1 Oceanoqraphic Institute. Inc. 1416-222-0000-000/2 Fort Pierce. FL 34946 (772) 465-2400 For project sites with more than one parcel to be acquired jointly with FCT, the applicant must complete the Acquisition Plan on page 5. '-' ...", Paoe 2 ,-. ...", 10. ESTIMATED PROJECT COSTS Enter an amount on each line and round to the nearest hundred. b. Acquisition costs (estimated or actual) Cost of certified survey(s), appraisal(s), appraisal review(s). title report(s), title insurance premium(s), environmental audit(s) and aeplicant's acquisition agent(s) fees or commission. $ 1.370,000 $ 100.000 a. Land purchase pric;e (estimated or actual) c. Total Project Costs [Add a. and b.] $1.470.000 11. AWARD AMOUNT AND MATCH Dollar Amount Percentage of Award a. FCT grant award amount (1) $1.102,500 75.00 % (2 decimal places) c. Total Project Costs [Add a. and b.] (Should equaI10.c. above) (1) The amount of any award or combination of awards to å·local government or non-profit environmental organization under any application or partnership application for any project(s) shall not exceed 10% of the total Florida Forever funds advertised. $ 367.500 $1.470.000 25.00 % (2 decimal places) b. Match amount (2) 100.00% (2) A 25% minimum match is required except for awards to counties with a population of 75,000 or fewer, municipalities with a population of 10,000 or fewer, and qualified nonprofit environmen.tal organizations as defined in Rule 9K.7.002(24), FAC, Florida Forever funds cannot be used as match, 12. LOCAL GOVERNMENT POPULATION (for 100% award requests) N/A population Note: Use the latest estimate of resident population from the most recent edition of Florida Estimates of population, as published by the population Division, Bureau of Economic and Business Research, University of Florida. 13. SOURCE OF MATCH Check the appropriate response(s) below to indicate eligible source(s) of match: Existing or future cash from the applicant Value of real property owned by the applicant in a qualified pre-acquisition Note: Include lands within the project site that were pre-acquired within 24 months prior to or within 18 months after the application deadline that are to be used as part of the match. Cash or grant from regional. state or federal agency Please specify source: Cash from a private donation Value of real property donated by the 'landowner in a documented bargain sale or donation agreeme1t. Note: Include documentation letter from the owner. X Other. PIE:ase specify source: Federal funds Pao93 ". '...I . è':- ill ¡;U <ú $ , Hi' .. -0 ·E ~ >. c ::J 2 ~I~ t - :::J C '" :::J 0 " i ill 0 0 ctl .~ tD ~ ,U· "" I l'J 0 Ü Ul .. .. ( ) i "1'- .' r ~ ," !Jd Q) () ~" '\ .~ ' e ~, I ' t ·õ ;:) "- 0- i f' 0 :::J Q) Iii ---l (f) · ~ ! í - · _;2: ::1 (f) c · <ú .D ..... :J >- ë ;:l 0 ü l;; > ! ä: c: I 1 to J 'õ I ~ .£ I ~ - I I I 1 I ~ I I ..... I I , ..., .~o I ~ I ~ I I I ~ I I I I I I I I I I I . . ... .. . ~.. . . .....r ?;- c: ;:l o Ü c: ~ :2' , ~ ¡::; " 0::."..1'-'-..1 -------------------- ------------------------- ----------------- Ñunoo eeC 04Oæ) O \. AGENDA REQUEST ...., C-g If- ITEM NO. DATE: August 27, 2002 CONSENT [X REGULAR PUBLIC HEARING [ ] Leg. [ Quasi-JD. [ ] SUBMITTED BY (DEPT): Parks and Recreation TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: BACKGROUND: FUNDS AVAIL: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: [~ APPROVED [ ] OTHER: q// County Attorney: ~. Originating DePt:~ Approve Resolution #02-212 authorizing the Chair of the Board of County Commissioners to sign the attached Partnership / Interlocal Agreement with the City of Ft. Pierce which will facilitate the City to be an applicant for a Florida Recreation Development Assistance Program (FRDAP) grant. In addition, authorize staff to request the City to place the Interlocal Agreement on the September 3, 2002 City of Ft. Pierce Commission meeting agenda. The Florida Department of Environmental Protection Division of Recreation and Parks is accepting applications for the State's FRDAP grant cycle. Since the County has three active projects the County cannot apply for another grant in this cycle. For that ~eason, the City has agreed to apply for a FRDAP grant for improvements at the Ilous-Ellis Park (formerly Open Space Park). Although the park is located in the City, the County and City entered into a Pa~k Swap agreement in 1999 that authorized the County to maintain this park. For that reason, the County has allocated over $200,000 in funds in the Capital Improvement Plan to renovate the swimming pool and the baseball fields. The Interlocal Agreement will allow the City to be the applicant for the project and the County will manage the grant and complete the improvements proposed in the application. The $200,000 in grant funds will assist in the renovation of the pool, the baseball fields and the playgrounds. In addition, tables will be purchased that can be placed under the oak trees for the senior citizens who frequent the park for dominos and checkers. The application is for $200,000 and the County has already budgeted $200,000 for improvement to Ilous-Ellis Park in the following account numbers 316-7210-563000-700 & 316-7240-563000-76011. There has been no previous action regarding this specific FRDAP grant application. approve Resolution #02-212 Interlocal Agreement with the to bring the Agreement before Staff recommends that the Board authorizing the Chairman to sign the City of Ft. Pierce and authorize staff the City of Ft. Pierce Commission. DENIED Mgt & Budget: Purchasing: Public Works: Finance: (copies only): '-' ...", RESOLUTION NO. 02-212 A RESOLUTION APPROVING THE COOPERATIVE P ARTNERSHIPIINTERLOCAL AGREEMENT BETWEEN THE CITY OF FORT PIERCE AND ST. LUCIE COUNTY (ILOUS-ELLIS PARK- FRDAP GRANT); AND AUTHORIZING THE CHAIRMAN TO EXECUTE THE INTERLOCAL AGREEMENT; AND FURTHER, AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE INTERLOCAL AGREEMENT BY APPROVING IT AS TO LEGAL FORM AND CORRECTNESS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The City of Fort Pierce has applied for a Florida Recreation Assistance Program (FRDAP) grant in the amount of two hundred thousand and 00/100 ($200,000.00) dollars to help fund the renovation of the Ilous-Ellis Park. 2. The City of Fort Pierce's FRDAP Ilous-Ellis Park Grant requires a matching expenditure by St. Lucie County. 3. The Project is an appropriate use of FRDAP funds, and St. Lucie County is committed to provide for the match of two hundred thousand and 00/1 00 ($200,000.00) dollars for this project. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: I. This Board does hereby approve the Cooperative Partnership/Interlocal Agreement between the City of Fort Pierce and St. Lucie County (Ilous-Ellis Park - FRDAP Grant). 2. This Board does hereby authorize the Chairman to execute the Cooperative Partnership/Interlocal Agreement; and further, does hereby authorize the County Attorney to execute the Interlocal Agreement by approving it as to legal form and correctness. '-' ..." After motion and second the vote on this resolution was as follows: Chairman Doug Coward XX Vice-Chairman Cliff Barnes XX Commissioner Paula A. Lewis XX Commissioner Frannie Hutchinson XX Commissioner John D. Bruhn XX PASSED AND DULY ADOPTED this 27th day of August, 2002. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY '-' 'WIll COOPERATIVE PARTNERSHIP/INTERLOCAL AGREEMENT BETWEEN CITY OF FORT PIERCE and ST. LUCIE COUNTY (ILOUS-ELLIS PARK-FRDAP GRANT) THIS AGREEMENT (the "Agreement") is made and entered into this _ day of , 2002, by and between the City of Fort Pierce, a Florida municipal corporation (hereinafter the "City"), and St. Lucie County, a political subdivision of the State of Florida (hereinafter the "County"). WHEREAS, the County and the City are empowered to enter into interlocal agreements pursuant to Section 163.01, Florida Statutes; and, WHEREAS, the County requested the City's assistance through the Florida Recreation Assistance Program (FRDAP) to help fund the renovation of the Ilous-Ellis Park (hereinafter the "Project") in the amount of two hundred thousand and 00/100 ($200,000.00) dollars; and, WHEREAS, the City has applied for a FRDAP grant in the sum of two hundred thousand and 00/100 dollars ($200,000.00) for thellous-Ellis Park; and, WHEREAS, the City's FRDAP Ilous-Ellis Park grant requires a matching expenditure by the County; and, WHEREAS, the County has committed to provide for the match of $200,000.00,50'10 of the project's cost required for the Citys Ilous-Ellis Park grant; and, WHEREAS, the Project is an appropriate use of FRDAP funds. NOW, THEREFORE, in consideration of these premises and mutual covenants contained herein, the parties agree as follows: ARTICLE I. DELIVERY OF FUNDS The City shall disburse the FRDAP Ilous-Ellis Park grant funds in the amount of two hundred thousand and 00/100 dollars ($200,000.00) to the County for the Project. The City shall disburse such funds to the County within thirty (30) days after the date the City receives the FRDAP funds. The City, by this Agreement or by the disbursal of the FRDAP Ilous-Ellis Park grant funds to the County, assumes no responsibility for the construction, operation or maintenance of this facility and the County shall hold the City harmless from the same. ARTICLE II. COUNTY RESPONSIBILITY FOR GRANT" CONDITIONS g: \atty\agreemnt\interlac\ fp- lllaus-Ellis Park-FRDAP '-' ." In consideration of the City disbursing FRDAP grant funds for the Project, the County agrees to assume responsibility for complying with FRDAP Agreement. In the event the State demands a refund of grant funds as a result of the County's failure to comply with the such conditions, the County agrees to pay all funds to the State of Florida with interest within sixty (60) days after notification by the City of the State's refund demand. ARTICLE III. TERM OF AGREEMENT This Agreement shall be effective beginning on the date the last party to this Agreement executes the Agreement and shall continue unless terminated herein. ARTICLE IV. TERMINATION ThiS Agreement shall terminate automatically upon completion of the Project and close of the FRDAP grant or upon mutual written agreement of the parties. ARTICLE V. NOTICES All notices required or permitted to be given under the terms and provisions of this Agreement by either party to the other shall be in writing and shall be sent by registered or certified mail, return receipt requested, to the parties as follows: As to the County: With a copy to: St. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 As to the City: With a copy to: Fort Pierce City Manager 100 North U.S. 1 Fort Pierce, Florida 34950 Fort Pierce City Attorney 100 North U.S. 1 Fort Pierce, Florida 34950 or to such other address as may hereafter be provided by the parties in writing. Notices by registered or certified mail shall be deemed received on the delivery date indicated by the U.S. Postal Service on the return receipt. ARTICLE VI. VENUE g: \atty\agreemnt\interJoc\fp-Illous-Elli 5 Park- FRCAP '-'" ..., Any litigation hereunder shall be brought in the applicable state or federal court in St. Lucie County, Florida. ARTICLE VII. HEADINGS Captions and headings in this Agreement are for ease of reference only and do not constitute a part of this Agreement and shall not affect the meaning or interpretation of any provisions herein. ARTICLE VIII. RIGHTS OF OTHERS Nothing in this Agreement expressed or implied is intended to confer upon any person other than the parties hereto any rights or remedies under or by reason of this Agreement. ARTICLE IX. WAIVER There shall be no waiver of any right related to this Agreement unless in writing signed by the party waiving such right. No delay or failure to exercise a right under this Agreement shall impair such right or shall be construed to be a waiver thereof. Any waiver shall be limited to the particular right so waived and shall not be deemed a waiver of the same right at a later time, or of any other right under this Agreement. ARTICLE X. INV AUDITY OF PROVISIONS The invalidity of one or more of the phrases, sentences, clauses, or Articles contained in this Agreement shall not affect the validity of the remaining portion of the Agreement, provided that the material purposes of this Agreement can be determined and effectuated. ARTICLE XI. ACCESS TO RECORDS Both parties agree to allow either party, the State or the public, to access all documents, papers, letters or other material made or received in conjunction with the grant agreement. ARTICLE XII. WHOLE UNDERSTANDING This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. ARTICLE XIII. AMENDMENTS g: \atty\agreemnt\interloc\fp- Illous- Ell is Park-FRDAP \w- .."" The Agreement may only be amended by a written document signed by all parties and filed with the Clerk of the Circuit Court of St. Lucie County, Florida. ARTICLE XIV. EFFECTIVENESS. This Agreement shall be filed with the Clerk of the Circuit Court of St. Lucie County, Florida, prior to its effectiveness. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by their duly authorized representative(s) on the latest day and year noted below. CITY OF FORT PIERCE, FLORIDA ATTEST: BY: Clerk Mayor Date: APPROVED AS TO FORM AND CORRECTNESS BY: City Attorney BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY ATTEST: BY: Deputy Clerk Chairman Date: APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney g: \atty\agrumnt\interloe\ fp-Illous-EIIi s Park- FRDAP .. '[ ~ AGENDA REQUEST ITEM NO. C-9B -', DATE: August 27,2002 REGULAR [ l PUBLIC HEARING [ CONSENT [Xl . TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks & Recreation PRESENTED BY: Pete Keogh Director SUBJECT: Request for approval to serve alcohol at Pepper Park. BACKGROUND: Leed Fireproofing & Insulation has reserved Pepper Park to hold its annual company picnic on September 1, 2002. As part of the event, alcohol will be served and as required by County Ordinance 1-15-23, BOCC approval must be acquired. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Leed Fireproofing & Insulation's request to serve alcohol at Pepper Park during its annual picnic on September 1, 2002. COMMISSION ACTION: [~l APPROVED [l DENIED [ l OTHER: RRENCE: . Doug Anderson ounty Administrator Coord ination/Sianatures County Attorney: ~. Management & Budget: Purchasing: Originating DePt~ Public Works: Other: Finance: (Check for Copy only, if applicable) _ St. Lucie County Parks & Recreatio...Jepartment Reservation RequestJ Facility Use Permit -1; ,~:.. Name of Group LEr-::: [) \ N ~,.) l (ì -n Dl) ApplicantName ~·h~--=}'.kM ;,J Applicant's Address...-=) le>dS '"('(\.e.:\2 {'~-(.f¿ ed tacilitylPark Requested ~f' ~ (" Ço.s \<-1 en 5+ Date(s) requested :::e..,pT \ -S T ~ DQ) Intended Use (' J)0'{'Ú rì \Å\ q L (ì \ C- Alcoho~Sale or Consumption? ~ List any special circumstances, services, and I or materials needed Date: ~"G.-- Phone: ~¿"&ø V tr Cityh- RULe...ziP ..3tf9L.\--l !bV,'/'Òl1Time: From~o ~ rm (include set up & tear down) No. of People Expected to Attend 16 F'Ié' J2- ~ c.., 1) The following capacity limits have been established: Inelrio School House: 116 Walton Connnunity Center: 130 Room at MarvÚla Park: 130 Facilities are intended to be used for recreational activities, not connnercial ventures. The Parks and Recreation Department reserves the right to réfuse rental for connnercial ventures, events exceeding capacity limits or those deemed not to be adequately supervised. The Department may require security guard and/or uniformed officers depending on the event, at the renter's expense. A county employee ("Houseman") will be present and will be paid for by the renter. 2) General Liability insurance in the amount of$1 Million per occurrencel$ 1 million in the aggregate is required. Non-profit organizations (including family grOUps) can arrange for this insurance through the Recreation Deoartment. Insurance rates vary depending on the number of attendees at the event. An insurance certificate must be produced showingSt. Lucie County Board of County COnIDÙssioners as an additional insured. Products are included but not medical payments. Consumption of alcoholic beverages requires additional insurance. If selling alcohol, all applicable State permits must be obtained and submitted to the Parks and Recreation Department. 3) All fees, deposits and insurance documentation must be received no later than 2 weeks in advance of the rental. 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 th~ scheduled event. 4) Should any visible danger be observed by the Permittee or brought to hislher attention by those persons using the facnities under this permit, said Permittee shall not use the facility and shall report the visible danger to the Recreation Department at 462-1521 between the hours of 8:00 AM to 5:00 Pm Monday through Friday. 5) Please DO NOT go on the fields if they have water on them, or if they are muddy. At no time will anyone alter, damage or deface the playing fields, press box, concession stand, restroom or any part of the facilities under this permit. 6) Possession of permit is required while using facilities or outdoor areas. Failure to supply permit when requested by Director or his designee may result in removal from area. 7) Facilities or outdoor areas must be left in clean and adequate condition as detennined by Director or his designee, or deposit will 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. ." .; '-" ~. ~ ." - ',9) lii¿'ldoatioo of "" OW",,"nily .ffmd'" th, ood",'.,oo, .."" to _ md hold 1wmI= St. Lu,', eo_, "" Roo=tioo . Department and any employee of the St. Lucie Parks and Recreation Department against any and all claims by or on behalf of any person or legal entity arising from Applicant's use of premises, the conduct of Appliëånt's business or from any activity pemñtted by the Applicant in or about the premises, and will further indemnify and hold harmless the County, its DepartrDents and Employees against performance of any agreements on the Applicant's part, or arising from any act of negligence of the Applicant, or any of the Applicant part, orarising from any act of negligence of the Applicant, or any of the Applicant's agents, contractors, employees, or licensees, and from and against all costs, attorney's fees, expenses, and liabilities incurred in or about any claim or proceeding brought thereon. -·.~l~f)·' - t<. ;~i,;~ , " '. I.Rent (including set up/tear down) 2. Equipment 3. Persounel A) Houseman B) Maintenance C) Private Sec. D) Police/Sheriff 4. Other charges S. Tax " . TOTAL Amount Collected: $ 1/) ,/, '5:::' Deposit Returned $ i:".'~J FEES AND CHARGES FOR SERVICES: AMOUNT . to:!) .ð& (0·50 IU . SCJ Receipt # 7 7? ¿ <) . Date ;.~\ >:...' 'J. """ ...., 51. Lucie èonntv - -- Recl:!~ation Department Alcohol ßcveragePcrmit .. "I 'l9o 110% \j ~s" representing ¿i'ZÌJJIr<í!3,.(';.<,YLsuj,~est a '·"~·:'·.i¡.".(O consumc'-<-~1Ci/or s~lI ahhol;e beverages for 011 91con7.nj~n at 1/ ·7 Ç}é' (Y/ '-7L I .... ..'..~1:.~{j - rc Ie on __ IV. ,..-. ··-t -._.._--~----.- ... --.---..-------- 'i,"j;Lf-Q.rJ~suancç_ºf P~:Tmi ; ··,'.piic'Flt :m:s[ b..: a~ lc:-1st t\·;~nly-·onc (21) )'cars of age. :)k:a:!l must P()SSCS~, a va d drivers license or other form of identitication ;-!lain-;il~~_ a CtltTêll"L CCTlnty;: .idrcss. ,;:L.::Cl'!()l1 f(j[" pc,mi(,Tlusl ,IC completed and c!ell\·erec!10 the Recreation ':p:n1mc!lt 0.1 Ica~t flftcen C 5) days prior to event. _:,.j., ~i{};LPJX~[m i.t~ ;';:r~Ol; signing permit applicdtion must be prescnt during event. .:~-m¡tlce \\'ill bc'·cspol1sib1c tè)r verifying age of all persons to whom alcoholic \~·veTag..;s are sold or dispcn· cel under the permit. /\rC2 of pCI1l1Ìt llse wiil be ccnÜned to the area specified in the permit. ':'··()cl of a permit 10 sell alcclOlic beverages, if applicable, issued by the ; :colh)J.c Bevcrage COlml1i~ ¡ion shall be delivered to the Recreation ,.~pm1¡rent ten Cl 0) days be 'ore the event ,'1c;\hol;c beverages shall be sold only in conjunction \vith f'ood sales. "(0 ';::cr¡fT'~, deputies wi]! be 1"C( uircd when live music is performed or alcoholic '.'cra~:s me :-;,.ltd. (/\ half: n hour before the event ul1til a half an hour after , l(; (;\'C11t) :: atco!lcl!ic bC'.'~~r:l!',CS will b; sold during the event, the permittee shall caITY iu:· tlie rcriod orille permit ( n all operations under the pcrrni workman's .' )il1pcn;at ions, gCllcralliabi ity comprehensive form insurance, bodily injury, l,,·oper(:i damage i·nsurancc, alltomotive liability insurance. The pennittee shall ; ~¡rnish certifícates of insura lce to the Recreation Department no later than ten (¡ 0; clays prior to the event. The permittee shall indemni1)' and hold St. Lucie ('o\inty hannless tì·Ol11 any 1 ability arising out of acts, errors or omissions by . " ~ ....,¡ .. . '.. ¡he Permittee or its agents tJ the extent of the insurance coverage set out )-;)ïX. Minimum coverage ShE 11 be: . Gencral Liability ---. Co 11prchcnsive Fonl1 -- $1,000,00000 each OCCll1Tcnce and $2,OOO.!)()O.OO aggregate. :,\utmnotivc Liability -- Bodily lnjury and Property Damage -- $1,000,000 c01rl":;illCd. \Vorkm,m··s C(lmpClls3ti)] --- statutory. . clisc]aimer in all advertisÌILf, stating that St. Lucie CountY' is neither .......- ~ "ring or particip::ting in thc event. ; . 1,:1g,[ agree to a11icJe by t1 ( laws of the State ofF1orida 85 they apply to the l:"_ npÙon of 3lcoho1¡c bevera~,~s, any applicable St. lucic County ordinances and ! <"editions of Pennit as set od above. {; .~ ~~ ~llìíC uJApplicalì( ~!¿~J D~ "',,, f- C ,az.__ c!2rY-~ ~ ::~:"·e:,¡i OIl n ¡,.j /¡ ") j11 ']' 11·(' .... __ I ". _ ~ _ _" ~ ,>"" '_":'::;'" l ./ . C,:I,Clìic Beverage COlllmissioll ¡ ,:!ice Cc-tificate Date H.eccived Date Received I I / , I ~ ..", AGENDA REQUEST ITEM NO. C../ \ 0 DATE: August 27, 2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Dennis Wetzel, Director SUBMITTED BY(DEPT): Information Technology SUBJECT: Latest Banner applications upgrade to the Oracle 9.I.A.S. database Web based applications server requires an equipment request and annual maintenance which was included in the funding for software support contracts in the FY02 budget. BACKGROUND: The ACS - Banner representative Jay McDaniel has installed and tested the Banner applications upgrades that utilize the Oracle 9.I.A.S. Web server software as part of the annual FY02 planned upgrade. The Information Technology Department has obtained the required equipment quotation from the State contract for the IBM computers to support the Banner & Oracle software upgrade. The plan calls for the Banner applications to be implemented with the Courts, Finance, Human Resources and Utilities utilizing the IBM Web seNers and Oracle 9.I.A.S seNer software. FUNDS AVAIL: The funding for the equipment request #E002-246 and maintenance was included in the FY02 Information Technology software support contracts line item as part of the Banner & Oracle upgrade plan. OMB has prepared the budget amendment #BA02155 to handle the line to line transfer in the FY02 budget. OMB has verified the funds are currently available in FY02. The Information Technology dept. has verified the IBM equipment is available on the State of Florida contract. The account number where the funds reside is 001-1955-534110-100. PREVIOUS ACTION: The ACS -Banner applications upgrades were approved as part of the Information Technology dept. FY02 budget in the amount of $68,082.00. RECOMMENDATION: Staff recommends the Board of County Commissions approve the staff request for the attached equipment request #E002-246 with annual maintenance and budget amendment #BA02155 for the additional IBM computers and support costs in the total amount of $68,082.00. '--' COMMISSION ACTION: [ ] APPROVED [] DENIED [ ] OTHER: County Attorney: Originating Dept: Review and Approvals Other: Management & Budget: ....J CONCURRENCE: Douglas Anderson County Administrator Purchasing: "" ,.., AGENDA REQUEST ITEM NO. C/ \ 0 DATE: August 27,2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: BOARD" OF COUN1Y COMMISSIONERS PRESENTED BY: Dennis Wetzel, Director SUBMITTED BY(DEPTI: Information Technology SUBJECT: Latest Banner applications upgrade to the Oracle 9.I.A.S. database Web based applications server requires an equipment request and annual maintenance which was included in the funding for software support contracts in the FY02 budget. BACKGROUND: The ACS - Banner representative Jay McDaniel has installed and tested the Banner applications upgrades that utilize the Oracle 9.I.A.S. Web server softwafe as part of the annual FY02 planned upgrade. The Information Technology Department has obtainèd the required equipment quotation from the State contract for the IBM computers to support the Banner & Oracle software upgrade. The plan calls for the Banner applications to be implemented with the Courts, Finance, Human Resources and Utilities utilizing the IBM Web servers and Oracle 9.I.A.S server software. FUNDS AVAIL: The funding for the equipment request and maintenance was included in the FY02 Information Technology software support contracts line item as part of the Banner & Oracle upgrade plan. OMB has prepared the budget amendment to handle the line to line transfer in the FY02 budget. OMB has verified the funds are currently available in FY02. The Information Technology dept. has verified the IBM equipment is available on the State of Florida contract. The account number where the funds reside is 001-1955-534110-100. PREVIOUS ACTION: The ACS -Banner applications upgrades were approved as part of the Information Technology dept. FY02 budget in the amount of $68,082.00. RECOMMENDATION: Staff recommends the Board of County Commissions approve the staff request for the attached equipment request with annual maintenance and budget amendment for the additional IBM computers and support costs in the total amount of $68,082.00. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [] DENIED [ ] OTHER: Douglas Anderson County Administrator Review and Approvals County Attorney: Management & Budget: Purchasing: Originating Dept: Other: \.- "'" ..,.¡ AGENDA REQUEST ITEM NO./O DATE: August 27, 2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Dennis Wetzel, Director SUBMITTED BY(DEPT): Information Technology SUBJECT: Latest Banner applications upgrade to the Oracle 9.I.A.S. database Web based applications server requires an equipment request and annual maintenance which was included in the funding for software support contracts in the FY02 budget. BACKGROUND: The ACS - Banner representative Jay McDaniel has installed and tested the Banner applications upgrades that utilize the Oracle 9.I.A.S. Web server software as part of the annual FY02 planned upgrade. The Information Technology Department has obtained the required equipment quotation from the State contract for the IBM computers to support the Banner & Oracle software upgrade. The plan calls for the Banner applications to be implemented with the Courts, Finance, Human Resources and Utilities utilizing the IBM Web servers and Oracle 9.I.A.S server software. FUNDS AVAIL: The funding for the revised equipment request #EQ02-004 and maintenance was included in the FY02 Information Technology approved budget in the amount of $28,000.00. This equipment request has not been used. The balance of $20,574.00 is available from savings on other approved equipment purchases. OMB has prepared the budget amendment #BA02155 to handle the line to line transfer in the FY02 budget. OMB has verified the funds are currently available in FY02. The Information Technology dept. has verified the IBM equipment is available on the State of Florida contract. The account number where the funds reside is 001-1955-534110-100. PREVIOUS ACTION: The ACS -Banner applications upgrades were approved as part of the Information Technology dept. FY02 budget in the amount of $68,082.00. RECOMMENDATION: Staff recommends the Board of County Commissions approve the staff request for the attached revised equipment request #EQ02-004 with annual maintenance and budget amendment #BA02155 for the additional IBM computers and support costs in the total amount of $68,082.00. COMMISSION ACTION: ¡Xj APPROVED ¡] DENIED ¡ ] OTHER: County Attorney: & Oogloollog D.PIa"" ðe Review and ADDrovals X,Æ 1 Management & BUdget:~1IfV}(J(1 Purchasing: Other: '" BUDGET AMENDMENT REQUEST FORM '..I REQUESTING DEPARTMENT: OMB FOR INFORMATION TECHNOLOGY PREPARED DATE: 08/20/02 AGENDA DATE: 09/27/02 ""ii'i'; . no;; .. ,..p"... ....... . ··PY'L':L ,. .Y ;;, . ;; TO: 001-1955-568000-100 Software $2,000 FROM: 001-1955-534110-100 Software Support Contracts $2,000 REASON FOR BUDGET AMENDMENT Banner Aoolication Uoarade CONTINGENCY BALANCE: N/A THIS AMENDMENT: REMAINING BALANCE: - DEPARTMENT APPROVAL: (/' l/hc? 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Ql (§ ( g ~ .g ~ So "6' en en :3 Õ ~ CI) 0 - ;:t :;¡ CI) ;::. ::::- 3 w :;¡' en .,., ( 0 ( en :;¡ .Q '<; ::::: c:: Cil :;¡ ;ä' ëõ 5tl Q. :3 S Õ ,Cil ( ~ ~ g "0 3 :;¡ o ;:;: ~ ;:¡, s· s ~ 55 (1) s Cil t:J ( CD CI) C") III W 0 g. § CI) ~Q. <: rn ~ rtí CI) c m 'tI > ;;0 .... 3: m Z :-:' ~ o ~ ~ ::! o <: rTi C) J: <: o r- o (j) -< en -I mï g ~. ~m mC') zO -IC ;;aZ m-l 0-< cOJ mO en» -I;;a "TIC 00 ;;a"TI "TIC') Cño C')C »Z ï-l -<-< mC') »0 ;;as: ~s: oen ~en I _ NO gz Nm ;;a en ;;0 m (") o 3: 3: m z c m c rtí CI) ~ Communicf"lons Technical Systems, Ine. ~ ~§ .'WI State Contract Number 250-040-99-1 4401 Vineland Road, Suite A13 Orlando, FL 32811 Telephone: (407) 999-7770 Facsimile: (407) 999-7798 Prepared For: Darrell McCloud Company: SL Lucie County Address: 2300 Virginia Ave IT Department Ft. Pierce, FL 34982 Prepared By: Blake Frazier Jim Fennelly Anne Russell Telephone: 561-462-1752 Facsimüe: Date: 20-Aug-02 Reference #: St Lucie (2) 6Clsfor Oracle AS 561-462-1443 E-Mail: darrellíalstlucieco.aov ffiM pSeriès Solution For Oracle Application Server Solution 6C1 #1 Hardware Extended Discounted fu!Jm. DescriDtion Q!r Price Price 7028-6Cl p610 2.way 4GB:PSERIES 610 1 $662.00 $570.00 2623 4.7GB SCSI-2 DVD-RAM DRIVE I $1,000.00 $860.00 2830 POWER GXT130P GRAPH. ACCEL. I $283.00 $244.00 3264 36.4 GB DISK DR. ASSEMBLY 2 $3,332.00 $2,866.00 3752 SERVICE PACKAGE 1 $62.00 $54.00 4121 2X512 MB DIMMS,200-PIN 4 $10,240.00 $8,808.00 4246 IDE 2-DROP CONNECTOR C. 1 $10.00 $10.00 4248 SCSI CON.CABL.,REPEATER CARD 1 $450.00 $388.00 4249 SCSI 3-DROP CONNECT.CABLE I $150.00 $130.00 4962 10/100 MBPS ENET PCI AD.II 1 $229.00 $198.00 5005 SOFTWARE PREINST ALL I N/C N/C 5309 450MHZ POWER3-II PROC.C 2 $9,000.00 $7,740.00 6275 PWR SUPPLY, 250W AC, HIS, RED I $250.00 $216.00 6277 POWER SUPPLY,250 WAIT AC 2 $200.00 $172.00 6567 U3 SCSI BACKPLANE FOR HIS DISK 1 $200.00 $172.00 9300 LANG.GROUP SPEC.-US ENGLISH 1 N/C N/C 9911 POWER C.-ALL(STD.RACK P.C.) I N/C N/C 7014-TOO RS/6000 SYSTEM RACK I 53,100.00 $2,264.00 197 RACK CONTENT 7028-6CI-5 ErA I N/C N/C 6088 FRONT DOOR 1.8 METER RACK(S BL 1 $450.00 $330.00 6098 SIDE PANEL 1.8M/2M RACK BLACK 2 $300.00 $220.00 9171 POWER DIST UNIT SPEC-BASE/SIDE 1 N/C N/C 9300 LANGUAGE GROUP SPEC-US ENGLISH I N/C N/C 9801 POWER CORD SPECIFY US(RArSED F I N/C N/C 6Cl #1 Hardware Subtotal $29,918.00 $25,242.00 1 CTS Confidential Communications Technical Systems, Inc. ~~ -...I State Contract Number 250-040-99-/ 4401 Vineland Road, Suite A13 Orlando, FL 32811 Telephone: (407) 999-7770 Facsimile: (407) 999-7798 Prepared For: Darrell McCloud Company: St. Lucie County Address: 2300 Virginia Ave IT Department Ft. Pierce, FL 34982 Prepared By: Blake Frazier Jim Fennelly Anne Russell Telephone: 56/-462-/752 Facsimile: Date: 20-Aug-02 Reference #: St Lucie (2) 6C/ s for Oracle AS 56/-462-1443 E-Mail: darrell@stlucieco.oov ffiM pSeries Solution For Oracle Application Server Solution 6C1 #1 Software Extended Discounted Feature DescriDtion QŒ Price Price 5692-AIX AIX SYSTEM PROGRAM ORDER NfC N/C 0598 WELCOME CENTER N/C NfC 0838 5765-C34 AlX V4.3 UPDATE CD N/C NfC 0857 5765-C34 AIX V4.3 NfC NfC 0859 PREINST AIX4.3 SERVER BfOPT NfC NfC 0905 5765-C34AIX 4.3 BONUS PACK NfC NfC 1004 BASIC MRM SPO CD ROM $50.00 $50.00 2924 SOFT DOC ENGLISH N/C NfC 3410 CD-ROM N/C NfC 5005 PREINST ALL N/C NfC 5924 PfLANG ENGLISH N/C N/C 9001 ASSET REGISTRATION NfC N/C 5765-C34 AIX VERSION 4 N/C N/C 4061 BOTC AlX 4.3 N/C N/C 5005 PRE INSTALL SW NfC N/C 9001 ASSET REGISTRATION NfC N/C 5771·AIX ENHANCED AlX OPER SYS I YR SUBS 1 N/C NfC 0223 PER PROCESSOR 1 YR SUB/REN 2 $550.00 $402.00 6Cl #1 Software Subtotal $600.00 $452.00 2 CTS Confidential ~~ Communica':~ns Technical Systems, Inc. .." State Contract Number 250-040-99-1 4401 Vineland Road, Suite A13 Orlando, FL 32811 Telephone: (407) 999-7770 Facsimile: (407) 999-7798 Prepared For: Darrell McCloud Company: St. Lucie County Address: 2300 Virginia Ave IT Department Ft. Pierce, FL 34982 Prepared By: Blake Frazier Jim Fennelly Anne Russell Telephone: 561-462-1752 Facsimile: Date: 20-Aug-02 Reference #: St Lucie (2) 6Clsfor Oracle AS 561-462-1443 E-Mail: darrellía!stlucieco.Qov mM pSeries Solution For Oracle Application Server Solution 6Cl #2 Hardware Extended Discounted ~ DescriDtion Q.Œ Price Price 7028-6C I p610 2-way 4GB:PSERIES 610 I $662.00 5570.00 2623 4.7GB SCSI-2 DVD-RAM DRIVE I $1,000.00 5860.00 2830 POWER GXTl30P GRAPH. ACCEL. I $283.00 5244.00 3264 36.4 GB DISK DR. ASSEMBLY 2 $3,332.00 $2,866.00 3752 SERVICE PACKAGE I $62.00 554.00 4121 2X512 MB DIMMS,200-PIN 4 $10,240.00 $8,808.00 4246 IDE 2-DROP CONNECTOR C. I $10.00 S10.00 4248 SCSI CON.CABL.,REPEA TER CARD 1 $450.00 S388.00 4249 SCSI 3-DROP CONNECT. CABLE 1 $150.00 5130.00 4962 10/100 MBPS ENET PCl AD.II 1 $229.00 5198.00 5005 SOFTWARE PREINST ALL 1 N/C N/C 5309 450MHZ POWER3-II PROC.C 2 $9,000.00 $7,740.00 6275 PWR SUPPLY, 250W AC, HiS, RED 1 $250.00 5216.00 6277 POWER SUPPLY,250 WAIT AC 2 $200.00 $172.00 6567 U3 SCSI BACKPLANE FOR HIS DISK 1 $200.00 $172.00 9300 LANG.GROUP SPEC.-US ENGLISH 1 N/C N/C 9911 POWER C.-ALL(STD.RACK P.C.) 1 N/C N/C 6Cl #2 Hardware Subtotal $26,068.00 $22,428.00 6Cl #2 Software Extended Discounted Feature DescriDtion Q.Œ Price Price 5692·AIX AIX SYSTEM PROGRAM ORDER N/C N/C 0598 WELCOME CENTER N/C N/C 0838 5765-C34 AlX V4.3 UPDATE CD N/C N/C 0857 5765-C34 AIX V4.3 N/C N/C 0859 PREINST AlX4.3 SERVER B/OPT N/C N/C 0905 5765-C34 AIX 4.3 BONUS PACK N/C N/C 1004 BASIC MRM SPO CD ROM $50.00 S50.00 2924 SOFT DOC ENGLISH N/C N/C 3410 CD-ROM N/C N/C 5005 PREINSTALL N/C N/C 5924 P/LANG ENGLISH N/C N/C 3 CTS Confidential ~ Communir--'ons Technical Systems, Inc. ."", State Contract Number 250-040-99-1 4401 Vineland Road, Suite A13 Orlando, FL 32811 Telephone: (407) 999-7770 Facsimile: (407) 999-7798 Prepared For: Darrell McCloud Company: SL Lucie County Address: 2300 Virginia Ave IT Department FL Pierce, FL 34982 Prepared By: Blake Frazier Jim Fennelly Anne Russell Telephone: 561-462-1752 Facsimile: Date: 20-Aug-02 Reference #: St Lucie (2) 6C1sfor Oracle AS 561-462-1443 E-Mail: darrelllâ>.stlucieco.Qov IBM pSeries Solution For Oracle Application Server Solution 5771-AIX 0223 ENHANCED AIX OPER SYS 1 YR SUBS PER PROCESSOR 1 YR SUB/REN 1 2 N/C N/C N/C N/C N/C N/C N/C N/C N/C N/C N/C N/C $550.00 $402.00 $600.00 $452.00 9001 ASSET REGISTRATION 5765-C34 4061 5005 9001 AIX VERSION 4 BOTe AIX 4.3 PREINST ALL SW ASSET REGISTRATION 6Cl#2 Software Subtotal Summary of Totals 6Cl #1 Hardware Subtotal 6Cl #1 Software Subtotal 6Cl #2 Hardware Subtotal 6Cl#2 Software Subtotal $25,242.00 $452.00 $22.428.00 $452.00 IBM P610 Total* $48,574.00 * Notes: CTS Services are available on either a time and materia is or per project basis Overnightfreight not included Prices are subject to change Price does not include site cabling Terms with Credit approval 4 CTS Confidential · .. . .. ~ CoÌl...I,'¡cation Technical Systems @ Communication Technical Systems, Inc. 4401 Vineland Road, Suite A-13 Orlando, FL 32811 Telephone: (407) 999-7770 Facsimile: (407) 999-7798 Darrell McCloud Prepared For: St. Lucie County Organization: 2300 Virginia Ave Address: IT Department Ft. Pierce, FL 34982 Prepared By: Blake Frazier Anne Russell Telephone: 561-462-1752 Fax: 561-462-1443 Date: I9-Aug-02 Reference #: Ssuite (2)6Cls solution- Oracle AS darrelllãlstl ucieco .aov IBM RS6000 Service Suite Solution for 6Cl Solution-Oracle AS ServiceSuite which includes HW Maintenance, SW Support & System Alert HW Maint. SW Support Feature QŒ Descriotion Cost Cost HW/SW Support Coveraee 7028-6C I 7028-6CI 70 I 4-TOO 6C I Server 6C I Server Server Rack $4,072.00 54,072.00 5724.00 55,600.00 51,120.00 NfA 8x5, next business day HW maint, 24x7 SW Support HW Maint, SW Support Subtotal 58,868.00 56,720.00 RS6000 System Alert 51,520.00 6Cl Warranty Upgrade to 24x7, 4 Hour response $2,400.00 Service Suite Grand Total'" $19,508.00 Notes: Pricing is based upon effective dates of9/9/02 through 11/30/05. CTS Services are available at an additional charge. either on a per project or on a Time and Materials basis Prices are subject to change Terms with Credit approval 1 CTS, Confidential ---- '" ...f ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT BOARD OF COMMISSIONERS John D. Bruhn District 1 Doug Coward District 2 Paula A. Lewis District 3 Frannie Hutchinson Cliff Barnes District 4 District 5 AGENDA August 27,2002 1. MINUTES Approve the minutes of the meeting held August 13, 2002. 2. GENERAL PUBLIC COMMENT CONSENT AGENDA 1. WARRANTS LISTS Approve Warrants List No. 46 through 47. 2. PURCHASING A. First Amendment to Contract No. C01-10-077 ,^ith Vector Disease Control, Inc. - Consider staffrecommendatiol1 to approve the amendment through September 30, 2003, and authorize the Chairman to sign the amendment as prepared by the County Attorney. B. Third Amendment to Contract No. C99-1O-102 with Metal Culverts, Inc. - Consider staff recommendation to approve the amendment through September 30, 2003, and authorize the Chairman to sign the amendment as prepared by the County Attorney. C. Homeland Security Project - Consider staff recommendation to approve the project, approve the request to expend $17,119 from the Buildings Account, and authorize the County Administrator to sign the contracts as prepared by the County Attorney. l'iOTICE: All proceedings before this Board are electronically recorded. An)' 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 part~' to the proceedings. individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted an opportunity to cross·examine any indivichJ31 teslif)'íng duringa hearing upon request. An)'onewith a disability requiring accmnmodation to attend this meeting shuuld l'üntnct the 8t. Lucie County Community Services :\1unuger at (561) 462·1777 or TDD (561) 462-1428 at least rort)'-eight(48) hours prior to the meeting. '-' AGENDA REQUEST ""EM NO. C-2-A """ DATE: August 27,2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [Xl TO: MOSQUITO CONTROL DISTRICT BOARD PRESENTED BY: SUBMITTED BY (DEPT): PurchasinQ Michael Rath. Purchasina Director SUBJECT: First Amendment to Contract C01-10-077 with Vector Disease Control, Inc. BACKGROUND: On October 1 , 2001 the Mosquito Control District Board approved a contract with Vector Disease Control, Inc. as a piggyback contract with Martin County to provide aerial adulticiding services on an "as needed" basis. The Contract allows for two (2) one-year extensions at the same terms and conditions with no price increase. Staff is now recommending that the District authorize the first extension to the Contract. FUNDS AVAILABLE: Funds are available in Mosquito Fund, Mosquito Control, Other Contractual Services, Human Services, Account No. 145-6230-534000-600 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval of the first amendment to the contract with Vector Disease Control, Inc., through September 30, 2003, and authorization for the Chairman to sign the extension as prepared by the County Attorney COMMISSION ACTION: [~. APPROVED [] DENIED [ ] OTHER: County Allomey:(X) ,""'-"y, '..--" J t <.l Coordinatio 11~. natures ~. Mgt. & Budget (X), Ie /fin) 1 Other: ,-,,' Purchasing Mgr.:(X) ~, ¡~ Originating Dept: Other: Finance: (Check for Copy only, if Applicable) Elf. 1/97 /' \r ...,¡ FIRST AMENDMENT TO OCTOBER 1, 2001 CONTRACT BETWEEN ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT AND VECTOR DISEASE CONTROL, INC. THIS FIRST AMENDMENT made this day of , 2002, by and between ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT, a political subdivision of the State of Florida (County) and VECTOR DISEASE CONTROL, INC., or his, its or their successors, executors, administrators and assigns (Contractor). WHEREAS, on October 1, 1999, the parties entered into an Agreement which provided for the Contractor to provide aerial adulticiding services on a "as needed" basis to the District, hereinafter referred to as the ·Contract"; and WHEREAS, the parties desire to extend the term of the Agreement for the first of two one-year renewal terms. NOW, THEREFORE, inconsideration of the mutual promises contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 6. TERM OF CONTRACT of the Contract shall be amended to read as follows: 6. TERM OF CONTRACT The term of this Agreement shall be through and including September 30, 2003 and can be renewed for one additional one- year extension at no increase in price upon the mutual written consent of the parties, subject to the same terms and conditions as set for in this Contract. 2. All other terms and conditions of the original Contract and the First Amendment to the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the County has hereunto subscribed and the Vendor has affixed his, its, or their names, or name, and the date aforesaid. / '" ....., ATTEST: ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT By: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES VECTOR DISEASE CONTROL, INC. By: AUTHORIZED REPRESENTATIVE Print Name: Title: 2 / - ~ .2 --', . --. -.-- -rl~i' -,.-..-: .-'J / ,,'-"" :'v ./ \.---". CONTR4.CT .?-- ...--..... i,.... j THIS CONTRACT, made this ! ~ I dayof L)c1-LrJ.-¿ 1 , i ,2001, between ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT, a dependent taxing district of the State of Florida, hereinafter called the "District", and VECTOR DISEASE CONTROL, INC., or his, its or their successors, executors, administrators, and assigns hereinafter called the "Contractor": WITNESSETH: WHEREAS, pursuant to due procedures of law, bids were received by Martin County for the performance of work and supplying materials, etc., 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 contract to the Contractor; and, WHEREAS, pursuant to the St. Lucie County Purchasing Policy, the District s authorized to purchase services from the Contractor under the same terms and conditions as the June 12, 2001 Purchase Order Agreement for Goods between Martin County and the Contractor. 1. PURPOSE That Contractor agrees with the District, for the consideration herein mentioned, at his, its or their oWn proper cost and expense to do all the Work and furnish all the materials, equipment, supplies, and labor necessary to carry out this Contract in the manner and to the full extent as set forth in the Contract Documents, and to the satisfaction of the duly authorized representatives of the District, who shall have at all times full opportunity to inspect the materials to be furnished and the Work to be done under this Contract. 2. GENERAL DESCRIPTION OF WORK It is agreed that the Work tö be done under this Contract is to provide aerial adulticiding services for the District on an "as needed" basis. 3. PROJECT MANAGER ¡-- "' The Project Manager for the District is James David, Mosquito Control Director at (561) 46~:~691. The Project Manager for the Contractor is Robert A. Loe at (888) 277-7577. " ~ The parties shall direct all matters arising in connection with the,...pe1ÎQrmance of this ;·~li iI i} v§ s --.~·2 :-,; i . : -1- -¡:., , --'-, ~------.. --~ T \r' '"" Contract, other than invoices and notices, to the attention of the Project Managers for attempted resolution or action. The Project Managers shall be responsible for overall resolution or action. The Project Managers sball be responsible for overall coordination and oversight relating to the performance of this Contract. 4. CONTRACT DOCUMENTS The Contract Documents which comprise the Contract between the District and the Contractor are attached hereto and made part hereof and consist of the following: A. This Contract, consisting of pages 1 through 12 inclusive. B. Contractor's Bid Form, Martin County Bid #AfR 227-01, consisting of23 pages. C. Purchase Order Agreement for Goods between Martin County and the Contractor dated June 12, 2001. . D. Insurance Certificate( s) to be provided by the Contractor with an executed original of this Contract. E. Any modifications, including change orders, duly delivered after execution of this Contract. Except for duly authorized and executed Modifications including but not limited to change orders and contract amendments, any conflict between the terms and conditions of this Contract and ·the terms and conditions of any of the other contract documents sball be interpreted in favor of this Contract> 5. PERFORMANCE GUARANTY That Contractor guarantees to repair, replace or otherwise make good to the satisfaction of the District any defect in workmanship or material appearing in the Work; and further guarantees the successful performance of the Wark for the service intended. Neither inspection nor payment, including final payment, by the District shall relieve the Contractor from his or its obligations to do and complete the Work in accordance with this Contract. If the District deems it inexpedient to require the Contractor to correct deficient or defective Work, an equitable deduction from the contract price shall be made therefore or in the alternative, if the expense incurred by the District to correct deficient or defective Work exceeds the unpaid balance on this Contract, the Contractor shall pay the difference to the District. The liability of the Contractor and its surety or sureties for such payment is joint and several. -2- '-' ...,¡ 6. TE&."VI OF CONTRACT The term of this Contract shall be for a period of one year beginning on the date first above written with an option of two additional one year extension at no increase in price upon the mutual written consent of the parties, subject to the same terms and conditions as set forth in this Contract 7. CONTRACT PAYMENT The District shall pay the Contractor for the performance of this Contract upon the rendering of said services on an "as needed" basis in accordance with the Contract Documents, subject to adjustment by change order, the total estimated amount in current funds during the initial year of the Contract term not to exceed seventy-five thousand and 00/100 dollars ($75,000.00). 8. PAYMENT SCHEDULE The District shall make payments on account of the Contract within thirty (30) days follovring receipt and approval by the District Project Manager of an invoice for services delivered pursu.ànt to this Contract. 9. SUBCONTRACTORS In the event Contractor requires the services of any subcontractor or professional associate in connection with the Work to be performed under this Contract, the Contractor shall secure the written approval of the District Proj ect Manager before engaging such subcontractor or professional associate. 10. AUDIT The Contractor agrees that the District or any of its duly authorized representatives shall, until the expiration of three years after expenditure of funds under this Contract, have access to and the right to examine any directly pertinent books, documents. papers, and records of the Contractor involving transactions related to this Contract. The Contractor agrees that payment(s) made under this Contract shall be subject to reduction for amounts charged thereto which are found on the basis of audit examination not to constitute allowable costs under this Contract The Contractor shall refund by check payable to the District the amount of such reduction of payments. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or three years after completion of the project and issuance of the final certificate, whichever is sooner. 11. 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 Contractor -3 - .,.c..·;··_..,·._'~,,,~....._Ù_M_~_ .. '- .." . in conjunction with this Contract. 12. CONTRACTOR RESPONSIBILITY The Contractor is an independent contractor and is not an employee or agent of the District. Nothing in this Contract shall be interpreted to establish any relationship other than that of an independent contractor, between the District and the Contractor, its employees, agents, subcontractors, or assigns, during or after the performance of this Contract. The Contractor shall take the whole responsibility for the means, methods, techniques, sequences, and production of the Work. The Contractor shall bear all losses resulting to him, or its, on account of the amount or character of the Work, or because of the nature of the ground in or on which the Work is done is different from what was assumed or expected, or because of bad weather, or because of errors or onllssions in his or its bid on the Contract price, or except as otherwise provided in the Contract Documents because of any other causes whatsoever. Execution of this Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with the local conditions under· which the Work is to be performed, and correlated personal observations with the requirements of the Contract Documents. The Contractor shall protect the entire Work, all materials under the Contract and the District's property (including machinery and equipment) in, or on, or adj acent to the site of the Work until final completion and Work, from the action of the elements, acts of other contractors, or except as otherwise provided in the Contract Documents, and from any other causes whatsoever; should any damage occur by reason of any of the foregoing, the Contractor shall repair at his, or its, own expenses to the satisfaction of the District or its Project Manager. Neither the District nor its officers, èmployees or agents assume any responsibility for collection of indemnities or damages from any person or persons causing injury to the Work of the Contractor. At his, or its expense, the Contractor shall take all necessary precautions (including without limitation) the furnishing of guards, fences, warnings signs, walks, flags, cables and lights for the safety of and the prevention of injury, loss and damage to persons and property (including without limitation) in the term persons, members of the public, the District and its employees and agents, the Project Manager and his employees, Contractor's employees, his or its subcontractors and their respective employees, other contractors, their subcontractors and respective employees, on, about or adjacentto the premises where said Work is being performed, and shall comply with all applicable provisions of safety laws, roles, ordinances, regulations and orders of duly constituted public authorities and building codes. The Contractor assumes all risk ofloss, damage and destruction to all ofhis or its materials, tools appliances and property of every description and that of his or its subcontractors and of their respective employees or agents, and injury to or death of the Contractor, his or its employees, subcontractors or their respective employees or agents, including legal fees, court costs or other legal -4- ----"-'---_.,j '-' ..."" expenses, arising out of or in connection with the performance of this Contract. 13. INDEl\iINITY The Contractor agrees to pay ofbehalf of. protect, defend, reimburse, indemnify and hold the District, its agents, employees, elected officers and representatives and each of them, (hereinafter collectively and for the purposes of this paragraph, referred to as "District"), free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attorney's fees, and causes of action of every kind and character against the District by reason of any damage to property or the environment, or bodily injury (including death) incurred or sustained by any party hereto, or of any party acquiring any interest hereunder, any agent or employee of any party hereto or of any party acquiring an interest hereunder, and any third or other party whomsoever, or any governmental agency, arising out of or in incident to or in connection with Contractor's performance under this Contract, the condition of the premises, Contractor's acts, or omissions or operations hereunder, or the performance, non-performance or purported performance of the Contractor of any breach of the terms of this Contract; provided however that Contractor shall not be responsible to the District for damages resulting out of bodily injury or damages to property which· Contractor can establish as being attributable to the sole negligence of the District, its respective agents, servants, employees or officers. The Contractor further agrees to pay on behalf of and hold harmless and indemnify the District for any fines, citations, court judgments, insurance claims, restoration costs or other liability resulting from its activities on the project, whether or not the Contractor was negligent or even knowledgeable of any events precipitating a claim or arising as a result of any situation involving Contractor's activities. Sài.d indemnification by the Contractor shall be extended to include all deliverers, suppliers, furnishers of material or anyone acting for, on behalf of, or at the request of the Contractor. The Contractor recognizes the broad nature of this indemnification and hold harmless clause and voluntarily makes this covenant. In conformance with Section 725.06 Florida Statutes, the specific consideration given for the promises of the Contractor set forth with regard to this indemnification and hold harmless clause is $10.00 in hand paid by the District to the Contractor as a portion of the contract price, receipt thereof is hereby acknowledged and the adequacy of which the Contractor accepts as completely fulfilling thè obligations of the District under the requirement of Section 725.06 Florida Statutes. This indemnification and hold harmless survives acceptance of the Work. This clause of the Contract will extend beyond the term of the Agreement for a period often (10) years after the date of the acceptance of the Work by the District. 14. INSURANCE The Contractor shall procure and maintain during the life of this Contract insurance of the types and subject to the limits set forth below. The Contractor shall also provide the District with evidence of this insurance· in the form of Certificates of Insurance which shall be subject to the -5- .-_.,'-,...-...._-,~---~,._~....._~-_.... '-' ., District's approval for adequacy. The District shall be given thirty (30) days prior written notice of any material changes or cancellations of the policies. Ifsub-contractors are used by the contractor, it shall be the responsibility of the contractor to ensure that all its sub-contractors comply with all the insurance requirements contained herein relating to such sub-contractors. All insurance companies providing insurance under this Contract shall be licensed and authorized to do business in the State of Florida These companies shall have a general policy holders rating of A or better and a financial rating of X or better according to the latest edition of Best's Key Rating Guide, published by A.M. Best Company. Any deductibles or self insured retention must be declared to and approved by the District. At the option of the District, either the insurer shall reduce or eliminate such deductibles or self insured retention with respect to the District, its elected and appointed officials, employees, volunteers and agents, or the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: A. WORKERS' COMPENSATION The Contractor shall provide and maintain during the life of this Contract, at his, its or their own expense, Workers' Compensation insurance coverage to apply for all employees for Florida statutory limits. Coverage B, Employers Liability, shall be written for a minimum liability at $100,000.00 per occurrence. B'- COMMERCIAL GENERAL LIABILITY/AIRCRAFT LIABILITY The Contractor shall provide and maintain during the life of this Contract, at his, its or their own expense, Commercial General Liability or Aircraft Liability insurance on an occurrence basis for a minimum combined single limit of$1,000,000.00 per occurrence, for claims of bodily injury including death, property damage and personal injury. The coverages of Owners and Contractors Protective, Contractual Liability and the coverage of XCU shall be included. The Contractual Liability coverage shall be specifically endorsed to include indemnity and hold harmless requirements set forth herein. C. COMMERCIAL AUTO LIABILITY The Contractor shall provide and maintain during the life of the contract, at his, its or their own expense, Business Commercial Auto Liability for claims of bodily injury and property damage for minimum limits of $1 00,000.00 combined single limit. D. ADDmONAL NAMED INSURED -6- ~ ....", The General Liability/Aircraft Liability, and Auto Liability policies shall contain or be endorsed to state that the District, its Officers, Officials, Employees, Agents, and Volunteers are to be covered as additional named insureds for any and all liability arising out of the Contractors performance of this Contract, or out of automobiles owned, leased. hired. or borrowed by the Contractor. The coverage shall contain no special limitations on scope of protection offered to the District, its Officers, Officials, Employee, Agents and Volunteers. E. OTHER INSURANCE PROVISIONS 1. The Contractors insurance coverage shall be primary insurance as respects the District, its Officers, Officials, Employees, Agents and Volunteers. Any insurance or self-insurance maintained by the District, its Officers, Officials, Employees, Agents, or Volunteers shall be in excess of the Contractors insurance and shall not contribute with it. 2. Any failure to comply with the reporting provisions of the policy shall not effect coverage provided to the District, its Officers, Officials, Employees, Agents, or Volunteers. 3. The Contractors insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of insurers liability 15. DEFAULT: TERMINATION A. FOR CAUSE If either party fails to fulfill its obligations under this Contract in a timely and proper manner, the other party shall have the right to terminate this Contract by giving written notice of any deficiency and by allowing the party in default seven (7) calendar days to correct the deficiency. If the defaulting party fails to correct the deficiency within the seven calendar day period. this Contract shall terminate at the expiration of that time period. With regard to the Contractor, the following items shall be considered a default under this Contract: (1) If the Contractor should be adjudged bankrupt, or ifhe, or it, should make a general assignment for the benefit of his, or its, creditors, or if a receiver should be appointed on account of his, or its, insolvency. (2) If the Contractor should refuse or fail, except in cases for which an extension of time is provided, to supply enough properly skilled workmen or proper material to meet the ~oject schedule or if the Contractor should fail to make prompt payment for materials, or labor or -7- '-' """" other services entering into the Work. (3) If the Contractor disregards laws, ordinances, or the instructions of the Project Manager or otherwise be guilty of a substantial violation of the provisions of the Contract. (4) Fails to perform any of the terms of this Contract or performs work which fails to conform to the requirements of this Contract In the event of termination, the District may take possession of the premises and all materials, tools, and appliances, thereon and finish the Work by whatever method it may deem expedient. In such cases, the Contractor shall only be entitled to receive payment for Work satisfactorily completed prior to the termination date. The District may take possession of and use any materials, plant, tools, equipment, and property of any kind furnished by Contractor to complete the Work. If the expense incmred by the District to finish the Work exceeds the unpaid balance on this Contract, the Contractor shall pay the difference to the District. The expense incurred by the District as herein provided, and the damage incurred through the Contractor's default, shall be certified by the Project Manager. The Contractor shall be responsible for both liquidated damages attribùtable to delay and for excess completion costs. The liability of the Contractor and its surety or sureties for such damages and costs is joint and several. The obligations of the ContraCtor and his surety with respect to the warranty and maintenance bond shall remain in full force and effect for the portion of the Work completed by the Contractor and shall not expire until the expiration of the prescribed time period measured from the :final acceptance of the project in its entirety. These clauses shall survive the termination of this Contract If the District makes a determination pursuant to this Contract to hold the Contractor in default and terminate the Contract for cause and it is subsequently determined that any such determination was improper, unwarranted, or wrongful, then any such termination shall be deemed for all purposes as a termination without cause as described below. The ContÌactor agrees that it shall be entitled to no damages, allowances or expenses of any kind other than as provided. in this Agreement in connection with such termination. B. WITHOUT CAUSE Either party may terminate the Contract withöut cause at any time upon thirty (30) calendar days prior written notice to the other party. Upon sUch termination, the Contractor waives any claims for damages from the terinination without cause, including loss of anticipated profits, and as the sole right and remedy of the Contractor, the District shall compensate the Contractor for all authorized Work satisfactorily and responsibly completed through the termination date. In the event of termination by the Contractor without cause, the following shall apply: (1) all bonds shall remain fully in force to insure the District's ability to construct the project for the Contract amount; (2) the District shall have the right to, at its option, solicit bids for the completion of the unfinished portion of the Work, or to negotiate with the number two bidder under the original bid; and (3) the Contractor and his surety shall be jointly and severally responsible for all costs over the original Contract amount incurred by the District in completion of the project, in addition to construction costs, such costs may include engineering, advertising, and administrative expenses incurred with the solicitations of bids for the completion of the unfinished portion of the Work. In the event of -8- m __ _____. J '-' ......, termination without cause by either party, the obligations of the Contractor and his surety with respect to the warranty and maintenance bond shall remain in full force and effect for the portion of the Work completed by the Contractor and shall not expire until the expiration of the prescribed time period measured from the final acceptance of the project in its entirety. These clauses sba11 survive the termination of this Contract. 16. NON DISCRIMINATION Contractor covenants and agrees that Contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of the Contract with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex or physical handicaps (except where based on a bonafide occupational qualification); or because of marital status, race, color, religion, national origin or ancestry. 17. VERlFICATION OFE:MPLOYMENT STATUS The District will not intentionally award contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisiòns of the Immigration and Nationality Act ("INA "). The District shall consider the employment by the Contractor of unauthorized aliens a violation of8 U.S.C. Section 1324a(e) [Section 274A(e) of the INA]. The Contractor agrees that such violation by the Contractor shall be grounds for the unilateral cancellation of this Contract by the District. 18. ASBESTOS-FREE MATERIALS Còntractor shall not use any asbestos or asbestos-based fiber materials in the Work performed under this Contract. 19. ASSIGNMENT The District reserves the right to freely assign this Contract. The Contractor, however, shall not assign this Contract to any other persons or fum without :first obtaining District's written approval. 20. AITORNEYS' FEES AND COSTS In the event of any dispute concerning the terms and conditions of this Contract or in the event of any action by any party to this Contract to judicially interpret or enforce this Contract or any provision hereof, or in any dispute arising in any manner from this Contract, the prevailing party sba11 be entitled to recover its reasonable costs, fees and expenses, including but not limited to, witness fees, expert fees, consultant fees, attorney, paralegal and legal assistant fees, costs and expenses and other professional fees, costs and expenses, whether suit be brought or not, and -9- '-' ..., whether any settlement shall be entered in any declaratory action, at trial or on appeal. The liability of the Contractor and its surety or sureties for such fees and costs is joint and several. 21. NOTICES All notices, requests, consents, and other communications required or permitted under this Contract shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: As To District: With A Copy To: St. Lucie County Administrator . Administration Anilex 2300 Virginia Avenue Ft. Pierce, FL 34982 St. Lucie County Attorney Administration Annex 2300 Virginia Avenue Ft. Pierce, FL 34982 As To Contractor: Vector Disease Control, Inc. P.O. Box 566 Dewitt, AR 72042 or to such other address as any party may designate by notice complying with the terms of this paragraph. 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. 22. NON-WAIVER The rights of the parties under this Contract shall be cumulative and the failure of either party to exercise properly any rights given hereunder shall not operate to forfeit any of the said rights. 23. 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. The Contractor further represents that no person having any interest shall be employed for said perfonnance. The Contractor shall promptly notify the District in writing by certified mail of all potential -10- .... ..., 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 ofW ork that the Contractor may undertake and request an opinion of the District as to whether the association, interest or circumstance would, in the opinion of the District, constitute a conflict of interest if entered into by the Contractor. The District 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 District, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Contractor, the District 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 District by the Contractor under the terms of this Contract. 24. mDIATION In the event of a dispute benveen the parties in connection with this Contract, 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 eq1.ially 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. ,...,. 25. DISPUTE RESOLmON Any disputes relating to a question of fact arising under this Contract shall be resolved through good faith efforts upon the part of the Contractor and the District 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 Contract and the determination of the District or its representatives, pending resolution of the dispute. Any dispute which is not resolved by mutual agreement shall be decided by the District or its representatives who shall reduce the decision to writing. 26. INTERPRETATION: VENUE This Contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Contract may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Contract shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Contract, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. -11- .-., 'WI' IN WITNESS WHEREOF, the District has hereunto subscribed and the Contractor has affixed bis, its, or their names, or name, and seal the date aforesaid. APPROVED AS TO FORM ÅJ.~ CORRECTNESS: Aá~~TTORNEY i . ATTEST: VECTOR DISEASE CONTROL, INe. ~~ S~ TARY , By,UiJ:t~ (SEAL) g:\atty\agreemnt\contract\mcd.vdc.wpd -12- ., '-' AGENDA REQUEST '-1TEM NO. C-2-B DATE:August27,2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: MOSQUITO CONTROL DISTRICT BOARD PRESENTED BY: SUBMITTED BY (DEPT): Purchasinq Michael Rath, Purchasinq Director SUBJECT: Third Amendment to Contract C99-1 0-1 02 with Metal Culverts, Inc. BACKGROUND: On October 1, 1999 the Mosquito Control District Board approved a contract with Metal Culverts, Inc. to provide culvert material to the District. The contract allowed for three (3) one-year extensions. On September 12, 200, the District approved the first one-year extensions and executed the first amendment. On September 11, 2001, the District approved the second one-year extension and executed the second amendment. Staff is now recommending that the District authorize the third and final extension to the Contract. FUNDS AVAILABLE: Funds are available in Mosquito Fund, Mosquito Control, Grounds Maintenance, Human Services, Account No. 145-6230-546300-600 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval of the third amendment to the contract with Metal Culverts, Inc., through September 30, 2003, and authorization for the Chairman to sign the third amendment as prepared by the County Attorney COMMISSION ACTION: ~ APPROVED [] DENIED [ ] OTHER: County Allomey:(X) r; 1)/,; ,< !,.' ! C""Ilna.."'1'L_~~ Mgt. & Budget (X) 0Y~ ;J m¡ V ' Other: ./ Purchasing Mgr.:(X) -, ).¡L Originating Dept: Finance: (Check for Copy only, if Applicable) Other: Eft. 1/97 '-' ....., THIRD AMENDMENT TO OCTOBER 1, 1999 AGREEMENT BETWEEN ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT METAL CULVERTS, INC. THIS THIRD AMENDMENT made this day of , 2002, by and between ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT, a political subdivision of the State of Florida (County) and METAL CULVERTS, INC., or his, its or their successors, executors, administrators and assigns (Contractor). WHEREAS, on October 1, 1999, the parties entered into an Agreement which provided for the Vendor to provide metal culvert material to the District, hereinafter referred to as the "Agreement"; and WHEREAS, the Agreement provided for an initial term through and including September 30, 2000, subject to three additional one-year terms upon prior agreement of parties; and WHEREAS, on September 12,2000 the parties entered into a First Amendment to the Agreement to extend the terms through and including September 30, 2001; and WHEREAS, on September 11, 2001 the parties entered into a Second Amendment to the Agreement to extend the terms through and including September 30, 2002; and WHEREAS, the parties desire to extend the term of the Agreement for the final one-year term. NOW, THEREFORE, inconsideration of the mutual promises contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 7. TERM of the Agreement shall be amended to read as follows: 7. TERM The term of this Agreement shall be through and including September 30, 2003. 1 '-' "will 2. All other terms and conditions of the original Contract and the First Amendment to the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the County has hereunto subscribed and the Vendor has affixed his, its, or their names, or name, and the date aforesaid. ATTEST: ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT By: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES METAL CULVERTS, INC. By: AUTHORIZED REPRESENTATIVE Print Name: Title: 2 ::.::.-.- ~ í,' ~,. . Ci VU -/û - ).;';") J { 'v"- "" -'~." /::~, '~'.- -. ----~ -- AGREEMENT '" THIS AGREEMENT, made this ¡.sj day of Uc ftJbeJJ 1999, by and between ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT, an independent taxing district organized under the laws of the State of Florida (the "DISTRICT"), and METAL CULVERTS, INC., a Florida corporation, or its successors, executors, administrators, and assigns (the "VENDOR"). WIT N E SSE T H: 1. PURPOSE Tþe Vendor agrees with District that pursuant to the terms and conditions of St. Lucie County Bid No. 99-077, made a part hereof by this reference, the terms and conditions of this Agreement, and the Vendor's Bid Form (5 pages) attached hereto and made a part hereof as Exhibit "A", Vendor shall sell and the District shall buy certain herein described culvert materials at the unit prices set forth and described in Exhibit "A". The Vendor understands that the District has contracted with other vendors for the purchase of culvert materials and that the District reserves the right to purchase culvert materials from the various vendors based on availability and lowest vendor contract price. No guarantee is given or implied by the District as to what quantities will be ordered by the District from the Vendor during the term of this Agreement. 2. SPECIFICATIONS All culvert materials provided to the District by the Vendor under this Agreement shall comply with the specifications described in Exhibit "A". -1- ",. ....", 3 . DELIVERY OF CULVERT MATERIALS AND PAïMENT TO VENDOR Vendor shall deliver all culvert materials under. this ~ Agreement as set forth in Exhibit "A". The District shall make payment to the Vendor within thirty (30) days of the date of receipt and acceptance by the District of an invoice for the delivery. Payment to the Vendor shall be based on the unit prices set forth in Exhibit "A". 4 . CONTACT PERSONS The Contact Person for the District is Jim David at (S6l) 462- 1686. The Contact Person for the Vendor is Chris Dunegan at (573) 636-7312. 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 In addition to all other warranties available to the District, if any, Vendor shall warrant all culvert materials delivered under this Agreement to be free from any and all defects for a period of one year from the date of delivery to the District. 6 . TAXES The District is exempt from the payment of all sales, use and like taxes. The District's tax exempt number shall be shown on all purchase orders. 7. ~ The initial term of this Agreement shall be through and including September 30, 2000. Thereafter, the parties may extend the term for three additional terms of one year each on the same terms and conditions by written agreement signed by the parties. -2- \w ~ 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 Vendor, 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 District to be inferior. (3) Inability of the Vendor to fulfill the terms and conditions of this Agreement. B. WITHOUT CAUSE Either party 'may terminate this Agreement without upon thirty (30) days prior written notice. cause 9 . INDEMNITY To the extent of the insurance requirements set forth herein, the Vendor shall and will indemnify and hold harmless the District 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 District, its agents, servants, or employees and for which the District is legally, directly, and primarily liable. The Vendor hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification provided herein. -3 - '-' ....., 10. INSURANCE The Vendor shall procure and maintain during the life of this '" Agreement insurance of the types and subj ect to the limits set forth below. The Vendor shall also provide the District with evidence of this insurance in the form of Certificates of Insurance which shall,be subject to the District's approval for adequacy. A. WORKER'S COMPENSATION The Vendor shall provide and maintain during the life of this Agreement, at his, its or their own expense, Workers' Compensation insurance coverage to apply for all employees for Florida statutory limits. B. COMMERCIAL GENERAL LIABILITY The Vendor shall provide and maintain during the life of this Agreement, at his, its or their own expense, Commercial General Liability insurance on an occurrence basis for a minimum combined single limit of $200,000.00 per occurrence, for claims of bodily injury including death, property damage and personal injury. C. COMMERCIAL AUTO LIABILITY The Vendor 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 $200,000.00 combined single limit. 11 . AUDIT The Vendor agrees. that the District 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 Vendor involving transactions related to this Agreement. The Vendor 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 Vendor shall refund by check payable to the District the amount of such reduction of payments. All required records shall be maintained -4- \w ....., 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. .. 12. PUBLIC RECORDS The Vendor 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 District in conjunction with this Agreement 13 . ASSIGNMENT Vendor shall not assign this Agreement to any other persons or firm without first obtaining District's written approval. 14. NOTICES All notices, requests, consents, and other communications required or permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: As To District: 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 Mosquito Control Director Administration Building Annex 2300 Virginia Avenue, 3rd Floor Fort Pierce, Florida 34982 As To Vendor: Metal Culverts, Inc. 2107 Rear Missouri Blvd (65109) P.O. Box 330 Jefferson, MO 65102-0330 -5- \w. ...., 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. 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 Vendor 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 (1989) and as may be amended from time to time. Vendor further represents that no person having any interest shall be employed for said performance. Vendor shall promptly notify the District 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 Vendor I 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 Vendor may undertake and request an opinion of the District as to whether the association, interest or circumstance would, in the opinion of the District, constitute a conflict of interest if entered into by the Vendor. The District agrees to notify the Vendor of its opinion by certified mail within thirty (30) days of receipt of notification by the Vendor. If, in the opinion of the District, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Vendor, the District shall so state in the notification and the Vendor shall, at his/her option, enter into -6- '-' ,..", said association, interest or circumstance and it shall be deemed not in conflict 'of interest with respect to services provided to the District by the Vendor under the terms of this Agreement. .. 17. ATTORNEYS' FEES AND COSTS In the event of any dispute concerning the terms and conditions of this Contract or in the event of any action by any party to this Contract to judicially interpret or enforce this Contract or any provision hereof, or in any dispute arising in any manner from this Contract, the prevailing party shall be enti tIed to recover its reasonable costs, fees and expenses, including but not limited to, witness fees, expert fees, consultant fees~ attorney, paralegal and legal assistant fees, costs and expenses and other professional fees, costs and expenses, whether suit be brought or not, and whether any settlement shall be entered in any declaratory action, at trial or on appeal. 18. DISPUTE RESOLUTION Any disputes relating to a question of fact arising under this Contract shall be resolved through good faith efforts upon the part of the Contractor and the District 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 Contract and the determination of the District or its representatives, pending resolution of the dispute. Any dispute which is not resolved by mutual agreement shall be decided by the District 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 Contract other than a question of fact to be resolved as described above, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any -7- '-r ....., testimony or argument admissible as evidence disputed issue. '- introduced at the mediation shall not be in any subsequent proceeding concerning the 20. INTERPRETATION; VENUE This Contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with - respect thereto. This Contract may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Contract shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Contract, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the District has hereunto subscribed and the Vendor has affixed his, its, or their names, or name. MOSQUITO CONTRO DISTRICT ST. LUCIE CO Y, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: "~~ hrl COUNTY ATTORNEY WITNESSES: IJ c II Ar- -VVf~_ Qd.V~~ METAL CULVERTS, INC. BY: cJvw, ~ . _ Prin t Name: .-.e..1.,.~ ~ Dut\e.54n Title: b\Ut..'tbp. ðÇ SA\...rt C:\JWL\AGREE\METAL_CULVERTS-MCD-99.WPD -8- \w ...., BID FORM All bids mu¥ be submitted in a sealed envelope addressed to the St. Lucie. County Purchasing Manager, 2300 Virginia Avenue, Room 228, Fort Pierce, Florida 34982, plainly marked on the outside with bid number, date and time of bid opening. BID #99-011 Purchase of Culvert Materials I, ŒRIS DtlNEGÞN REPRESENTING æ:m. OLVER'!5, INC. Company and/or Corporation, agree to perform all of the requirements to complete the work required In the specifications for the price of: BID PER UNIT OF COATED GALVANIZED STEEL PIPE OR PIPE ARCH, CONNECTING BANDS, MITERED ENDS AND STEEL END SECTIONS . 16 GAGE Size in inches Bid for Pipe Bid for Each 'bid Laber Bid for each Annular ends Band- Per UneaJ Connecting Cost Only to Steel End Annular- Foet Band Cut Each Section wlLocldng Mitered End Bolts Section 15 $. 5.60 $ 8.40 $ 18.75 $ 43.00 $ TlIr'r.1 n:n $ R .1n 17X 13 $ 5.95 $ 8.93 $ 16.25 $ 43.50 $ INCIl.IED $ 8.93 18 $ 6.65 $ 9.98 $ 22.50 $ 56.00 $ INCUlŒD $ 9.98 21 X 15 $ 7.00 $ 10.50 $ 18.75 $ 51. 00 $ INCUlŒD $ 10.50 21 $ 7.70 $ 11.55 $ 26.25 $ 67.50 $ INCUJŒD $ 11.55 24 X 18 $ 8.15 $ 12.:.:9 $ 22.50 $ 62.00 $ INCUlŒD $ 12.23 24 $ 8.90 $ 13.35 $ 30.00 $ 83.50 $ INCUJŒD $ 13.35 28X20 $ 9.40 $ 14.10 $ 25.00 $ 73.00 $ INCUJŒD $ 14.10 30 $ 10.90 $ 16.35 $ 37.50 $ -152.50 S INCUlŒD S 16.35 EXHIBIT "A" C:\WINDeWSlTEMP\99-077 culvert.W ld-Rlv.l11!l8 10 \w ...,,¡ 14 GAGE Size in inches Sid for Pipe Sid for Each 'Sid Labor Sid for Each Annular Ends -Sand· Per Uneal COnnecting Cost Only to Steel End Annular Foot Band Cut Each Section W/Lccking Mitered End Bolts Section 30 $ 13.25 $ 19.88 $ 37.50 $ 152. 50 $ $ lq_1l1l 35 x 24 $ 13.80 S 20.70 S 30.00 $ 122.50 $ INC:LT1I"11õT\ $ ~n7n 36 $ 15.75 S 23.63 S 45.00 $ 246.00 $ INCLl1DED S 23_¡:;1 42x29 S 16.30 S 24_45 $ -:¡.:: .,<; $ 10< <;n $ S "A A" BID PER UNIT OF CORRUGATED ALUMINUM PIP OR ARCH, CONNECTING BANDS, MITERED ENDS AND STEEL END SECTIONS 16 GAGE Size in IncÌ1es Sid for Pipe Bid for Each 'Bid Labor Bid for each Annular Ends -Sand- per Uneal Foot Connecting Cost Only to Steet End Annular Band CUt each Section w?lodling Mitered end Bolts Section 15 $ 6.35 S 9.52 S 18 75 S 43.00 S INCLU:iED $ 9.52 17 x 13 $ 6.80 S 10.20 S 16.25 S 43.50 $ INCLUDED $ 10.20 18 S 7,65 S 11.48 S 22.50 S 56.00 $ INCLUDED S 11 48 21 x 15 $ 8.25 S 12.38 $ 18.75 S 51.00 $ INCLUDED S 12.38 21 $ 8.75 S 13.13 $ 26.25 S 67.50 S INCLUDED S 13.13 24 x 18 $ 9.50 $ 14.25 S 22.50 S 62.00 S INCLUDED $ 14.25 24 S 10.05 S 15.08 $ 30.00 S 83.50 S INCLU:iED S 15.08 28x20 $ 10.80 $ . 16.20 $ 25.00 $ 73.00 S INCLT.lDED S 16.20 30 S 12.50 $ 18.75 $ 37.50 $ 152.50 S INCLUJ:lED S 18.75 36 $. 14.95 $ 22_43 S "-<; nn $ ?4¡:; nn S S " 41 C:\W1NDOWSlTEMP\9s-on euMrt.""d-rev. 1 '198 11 \w. ...", 14 GAGE Si2:e in Inches Sid for Pipe Sid for Each 'Sid Labor Sid for Each Annular Ends -Sand- per Lineal Foot Connecting Cost Only to Steel End Annular Band Cut each Sectlon Mitered End Section 30 $ 15.50 $ 23.25 $ 37.50 $ 152.50 . $ !NCUlDED $ 23.25 35x24 $ 16.75 $ 25.12 $ 30.00 $ 122.50 $ INCLUDED $ 25.12 36 $ 18.55 S 27.83 $ 45.00 $ 246.00 $ INCLL'DED $ 27.83 42x29 S 20.00 S 30.00 $ 36.25 $ 193.50 $ m::w::ED $ 30.00 42 $ 21.60 S 32.40 $ 52.50 $ 464.00 S INCLUDED S 32.40 49x33 $ 23.35 $ 35.03 S 41.25 $ 333.50 S !NCUlDED S 35.03 48 $ 24.55 $ 36.83 S 60.00 $ 540.00 S !NCUlDED S 36.83 57x38 $ 26.35 $ 39.53 S 47.50 $ 416.00 $ INCW:lIID $ 39.53 54 (3"xl") $ 33.25 $ 49.88 S 67.50 $ 640.00 $ INCLl.lDED 4 49.88 . 64x 43(3 "xl·) S 35.90 $ 53.85 S 53.75 $ 578.00 $ INCLl.lDED $ 53.85 60 (3ftxlft) $ 36.75 $ 55.13 $ 75.00 $ %0.00 $ INCLUDED $ 55.13 71 x 47(3 "xl" ) $ 39.75 $ 59.63 S 58.75 $ 156..00' $ INCUIlED 4 59.63 72 r3ftxlft' $ 44.00 $ 66.00 $ 90.00 $ 1144.00 $ INCLl1DED $ 66.00 BID PER UNITOF CORRUGATED ALUMINIZED STEEL TYPE 2 PIPE OR PIPE ARCH, CONNECTING BANDS, MITERED ENDS AND STEEL ENDS SECTIONS . . 16 GAGE . Si2:e in Inches Sid for Pipe Sid for each 'Bid Labor Sid for each Annular Ends -Sand- Per Linert Foot Connecting Cost Only to Steel End Annular Band. . cut each Section wlLocking Mitered End Bolls Section 15 $ ¡;_ 1'; $ Q.23 $ 18. 75 $ - 43.00 $ Tl\r'T" T ...,.,... $ Q.?1 17 x 13 $ 6.55 $ 9.83 $ 16.25 $ 43.50 $ !NCUlDED $ 9.83 18 $ 7.30 $ 10.95 $ 22.50 $ 56.00 $ INCLUDED $ 10.95 21 x 15 $ 7.65 $ 11.48 $ 18.75 $ 51. 00 $ $ 11 48 21 $ 8.45 $ 12.68 $ 26 25 $ 67.50 $ $ l?_fiB 24 x 18 $ 8.92 $ 13 38 $ 22 50 $ 62.00 $ $ 1'1.38 24 $ Q7Q $ 14 I';Q $ 3n.oo $ 83.50 $ $ 1"-_ñQ C;\WINDOWS\TEMPlS9-0T7 <:lJlvel1.w¡:d-rev. 11/98 12 \w ~ . 16 GAGE 28 x 20 S 10.31 S 15.47 S 25.00 S 73.00 S INCUlDED S 15.47 14 GAGE Size in Inches Bid for Pipe Bid for each 'Sid Labor Bid for each Annular ends ---Sand- Per Uneal Connecting Cost Only to end Section Annular Foot Sand cut each wlLoddng Mitered end Bolls Section 30 S 15.10 S 22.65 $ 37.50 S 152.'iO S S ?? "" 35x 24 $ 15.72 S 23.50 $ 30.00 $' 122.50 $ m:LUDED $ 23,58 36 $ 18.05 S 27.06 S 45.00 S 246.00 $ m:LUDED $ 27.06 42 x 29 $ 1 R ,:;" $ '7QR S .,'" .,,, S '0., c::n $ S .,., 0<'1 'PER THE DIMENSIONS SPECIFIED ON INDEX NO. 272, PAGES 1 THROUGH 6 ANS INDEX NO. 273, PAGES 1 THROUGH 6 OF JANUARY 1994, "ROADWAY AND TRAFFIC DESIGNS STANDARDS·. LABOR COST FOR EACH MITER CUT SHOULD ALSO INCLUDE PRE-PUNCHED HOLES. HARDWARE PER ANCHOR DETAIL SPECIFIED IN INDEX NO. 272, PA, PAGES 1 THROUGH 6 OF F.D.O.T., ROADWAY AND TRAFFIC DESIGN STANDARDS·, DATED JANUARY 1994, WILL BE BID SEPARATELY. - WITH REINFORCED ALUMINUM CHANNEL-IRON BOLT SUPPORT, INCLUDE BOLTS. ANCHOR BOLT KIT PER MITERED END SECTIONS S .4()¢ PEll. mJl!£'lER INCH NOTE: ALL PRICES SHALL BE FOB DESTINATION. DELIVERY WILL BE TO THE VARIOUS IMPOUND~ AND COMPOUNDS THROUGH ST. LUCIE COUNTY. INDICATE ANY CULVERT SIZES THAT CANNOT BE SUPPLIED WITH ANNULAR ENDS. 810 OBLIGATION IT IS UNDERSTOOD THAT THIS BIDDER IS BOUND BY THE BIDDING DOCUMENTS AND THAT THE BID MAY NOT BE WITHDRAWN DURING A PERIOD OF 60 DAYS AFTER BID OPENING THIS BID MA Y HA VE MUL nPLE A WARDS. THE BOARD OF COUNTY COMMISSIONERS RESERVES THE RIGHTTO WAIVE ANY C:\WINDDWSlTEMP\99-<l77 CUIvert.Nl'd-<ev, 11198 13 HP Fax Series 9~ Plain Paper Fax/Copier ~8~eport for g.¡,{:~HASING ~Þ¡62.l294 Ápfi9'"2002 12: 17pm Last Fax ~ Time ~ Identification ~- _~n ~ Result Apr 19 12: 14pm Sent 2363 2:34 5 OK Result OK - black and white fax '-' ~ INFORMALITIES OR MINOR IRREGULARITIES, REJECT ANY AND All 81DS WHICH ARE INCOMPLETE, CONDITIONAL, OBSCURE, OR WHICH CONTAIN ADDITIONALS NOT ALLOWED FOR, ACCEPT OR REJECT ANY BID IN WHOLE OR IN PART WITH OR WITHOÙ'r CAUSE, AND ACCEPT THE BID WHICH BEST SERVES THE COUNTY. NAME OF BIDDER: ME:l'AL CULVERlS, INC., a:::RFaOOE/MIl:WEST SALES OFFICE ADDRESS: 2107 FEAA MrSSWU BLVD.(65109 P.O. BŒ330 .JEFFEæŒ crIY, MJ. 65102-0330 PHONE: (573) 636-7312 SIGNED BY: TITLE: DIFECltR OF SALES DATE: Þll3tET 18, 1999 P£I'AL CULVERIS, INC. ~, ru:ro:DA, I:l!VT-SION 2148 PINE FŒEST œIVE ~ n. 33764 (727) 521-1431 PInE (727) 531-1433 F1.X C;\WINOOWSlTEMPlS9-Q17 CllIvert.W1ld-rev. 11/98 , 14 '-' ..---. ~_.~.- -- .- -- c 99· /c -/02... ~_._' ...., '---_.- .- FIRST A1"VIENDMENT TO OCTOBER 1, 1999 AGREEMENT BETIYEEN ST. LUCIE COlJÑ"TY MOSQUITO CONTROL DISTRICT At"'ill METAL CULVERTS, INC. (? f Îi ,f.') ; . . ~ I / ~ THIS FIRST AMENDMENT is dated this Hi-!) day of ;;e.fftø~.!&V"J J.¡;C< by and ( ¡ between ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT, a dependenttaxing district of the State of Florida, (the "District"), and l\1ETAL CULVERTS, INC., a Florida corporation, or its successors, executors, administrators, and assigns (the "Vendor''), WHEREAS, on October 1, 1999, the parties entered into an agreement which provided for the Vendor to provide culvert materials to the District, hereinafter referred to as the "Agreement"; and, WHEREAS, the Agreement provided for an initial term through and including September 30,2000, subject three additional one year terms upon prior agreement of the parties WHEREAS, the parties desire to extend the term of the Agreement for an additional year. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Agreement as follows: 1. Paragraph 7. TERM of the Agreement shall be amended to read as follows: 7. TERM The term of this Agreement shall be through and including September 30, 2001. Thèreafter, the parties may extend the term tor two additional penods ot oñè .- year each on the same terms and conditions by prior written agreement of the parties. 2. Except as amended herein, the remaining terms and conditions of the March 23, 1999 Agreement, as amended, shall remain in full force and effect. -1- ...... ...., IN WITNESS WHEREOF, the District has hereunto subscribed and the Vendor has affixed his, its, or their names, or name, and seal the date aforesaid. WITNESSES: -1JV1J..Ji G2£~ ,j~ c- tJJk;t- g:\atty\agreemnt\1 a.metaLculvert. wpd ST. LUÇIE COUNTY MOSQUITO CON::7 . BY: ,- (¡'. -_. " y METAL CULVERTS, INC. BY: (Auò¿)~--.- AUTHORIZED REPRESE ATIVE NAME: c.J,,.,'.s Ðc.vrf!J4" . TITLE: /)JI·o:.#r 0," SAles -2- ;---.. /~-----.... --.--., f"""" .~ - ---. . , ~.-." .- '. " '. \..' .f ~. -J ~'.,~~., W ~. ~'r \::' Q ~ ~ ~ ~ " Õ <S .... " " --- .~ .¡:: 5 .<> ~ '~ 0 0 II s .9 .~ N e " .g '-..J ¡¡; "'" ] 0. i <:::;- ¡¡ .S: " .~ t=; ~ ~ .. t) \1:$ '::.J ~!J " ~ " ~ ~ \c; ~ i ~ rn e '''' ê .2 I r.¡¡;¡ ~ ~ "'" :a ] :ã ~il ~ ~1-< ¡¡- .." " " "i I ~ u il :a " 13 r.¡g¡ "'" ... ~ :E '" i ¡ 1J j = ,0 -j ¡;jQ " <ñ ~ ] « "'" "i ¡¡-o ... !i 1J 0. ]' ~ " c,.¡ f; Ii J " - <S " rn ø .§ -<~ ?" .9 "5 -S ~ ·S e ClO ~ .1:: ~ ~ ] ... ¡¡: il E .9 ." ~ i! <1\1-< " ~ ~ 0 " g J 8 ~ i ê :ë t=; , :g o' Ii <l\z ..!l .9 N .. 1-·= fa I ~o ... " " 0 Q .. e ~ e .5 ò .. \.Š~i ]... .u ~ ,.¡ .§ ¡ II ~ I '" ·ë ~ "'0 "'" ~ ~ .. .9 ¢:i ~ II il ~ "5 ¡¡,i ~~ I eí~ ~I :l .5 .Ë 1 " ... .<> "5 ¡ ~ ... ~ ~~'a .,] =0' r.¡ ] -¡¡ 0 0 ~ ::E .¡:; r¡ ~ ~ 0,,-, Ii .'" Po E! ~ § il :1 ~ !J~ .. u ] .r :s " .~ rn ¡¡ I :s 0 0 u 0 .. .. ".!l~ <S o~ . !:: ~ ~ ljj ¡ §- 0. " il .;3 ~ '<>" ... , ~ ~ "" .:<. '~ .. .fl :g "'" -.s ä ¡] .... ~ ;;J .. ¡:¡ .g j ] 0 , .... I ] " ~ ~]" ~l" 0' " 0. ,š "" g ,S ~o<ñ .!!l "-' ·S " " ¡¡ "Ii ,.- ~ .. -S "" 0 ] - - ~i u!;2 ~ ~ 0; .9 .S: il N ] j .fl ¡ 5 ~.~ ·~r r! ~ g r.¡e;r.¡ ~ <1\ " e ~ ,g .~ "'" ~u> ~ ¿ ~ ~ -¡¡ ... § i 0 ¡ ! .. ..",ll ,¡:; J .. 8 :ã II i œ 0 ~_ Q;:¡";¡ Q il ..: ~ .. ~ .g I ".¡:; :§'] z,.¡;:¡ .<> .5 = «,~ 0. ~...u Z .. .. 1l s -¡¡ j " \ r.¡ 0 "" .. " "{ ~ I ,ª...~ ¡¡Ii ~ u '¡:; Ii ~ ií j: .9 j ~~ r.¡ ~ iã ¡¡- ,..: .... ~ ~ ~¡ tl ~ .2: "i rn o 0 ïl Qr.¡~ '" -Š " .." ~ ~~ 3 ~ ~ ;:¡ ... !5 <J -š !5 .;3 ¡;¡ f ~~~ 0 <J -1j " 0 ,.;¡ ~ <ñ ~ 'ª ~ ] ~ "e8 != Ur.¡ u ¡¡j ~ -< 'S: ~ -š ~~] 'B' í:J= r.¡ iñ J! ¡;¡ ~ ¡¡ ~ ~ ... rn ~ .. 'i 1 g¡ ,š 0 r.¡ .9 ~ :g ~ .9 ~ . ê S ::r: ~ "'" ,; ~. ~ .. ¡¡ 0 §" . ¡ " 0 ] ò z ..; ,..: 1-< 0 .", _ N .0 - ~ 0 J .9 -< "" " 0 > 0 ä '" ¡ ·S ~ ]' N '" ,., .. .fl ò ~ .<> :a '" " 1l >< ~ :l .." ~ o ! " .s "" ¡ 1l .<> .¡:; ~ .<> ;¡¡ ..9..; §·S ~ ~ ..".g ]:': tl1\! ·S~ .!!l .s 0- .fl ~ ¡,;"" o !ã ~û !:l ~ ~ !; OIl " OIl " ~ ~ ~j Z ~ ... 0 " I ß ''<) , S Ii 01 : rn\..>. .I~' o \,,'\ ~ ~.!)''':.'J'\. j) ~ Bo' O'¡!Ò : u Q\ ;." e: ,.¡ If !5 i"',~ u ,.¡ ~ ..} <.: 0.._ ><, !iìu -= .. -" ¡:.; '" r.¡ f-' L .~,., ~ 'J) ~ <IÎ !;2 ~ U ~ , '"' , ~ .. (.4 u. . ... & ~ ~ 3 ß ~ ~ 1-< c1i ¡¡,¡ OIl rn r.¡ Z 1-< ~ l 1 ¡¡ 1 t ~ ~ :ø ¡,¡, ., ~ AGENDA REQUEST '-frEM NO. C-2-C DATE:August27,2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: MOSQUITO CONTROL DISTRICT BOARD PRESENTED BY: SUBMITTED BY (DEPT): Purchasinq Michael Rath, Purchasinq Director SUBJECT: Request for Approval of the Homeland Security Project. BACKGROUND: On August 16, 2002 quotations were received for equipment necessary for the Homeland Security Project for the Mosquito Control District. Six (6) vendors were notified and four (4) quotations were received. The Director of the Mosquito Control District has reviewed the quotations received and recommends that a contract be awarded to the lowest bidder, ASSI, Inc., for the Security Equipment in the amount of $14,620, and to the sole bidder for the Explosion Proof Garage Door Opener, Treasure Coast Garage Door in the amount of $2,499. Tabulation and recommendation attached. FUNDS AVAilABLE: Funds are available in Mosquito Fund, Mosquito Control, Buildings Account No. 145-6230-562000-600. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval of the Homeland Security Project; the request to expend $17,119 from the Buildings Account and authorization for the County Administrator to sign the contracts as prepared by the County Attorney. COMMISSION ACTION: CE: I)G APPROVED [] DENIED r r OTHER: Coordination/Signatures ~ I.! Mgt. & Budget (X) II '. ., V ~I Other: i J _'7 Purchasing Mgr.:(X) ¡(/::----- C\ I County Atlomey.(X) (. <. Originating Dept: Other: Finance: (Check lOr Copy only, if Applicable) Eff.1/97 '- ..., ~ Homeland Security Project Mosquito Control Explosion Proof Vendor Security Eauioment Garage Door Opener ASSI $14,620.00 N/Q ADT Security Services $14,765.00 N/Q Absolute Protection $22,216.98 N/Q Treaure Coast GaraQe Doors N/Q $2,499.00 Request issued to six (6) vendors 08/15/02 F?:ABWARR FUND TITLE '-' ST. LUCIE COUNTY - BOARD -.I WARRANT LIST #46- 10-AUG-2002 TO 15-AUG-2002 FUND SUMMARY-MOSQUITO 145 Mosquito Fund GRAND TOTAL: . EXPENSES 14,249.61 14,249.61 PAGE 1 PAYROLL 28,977.59 28,977.59 &- 08/23/02 FZABWARR FUND 145 146 TITLE 'w ST. LUCIE COUNTY - BOARD ..,., WARRANT LIST #47- 16-AUG-2002 TO 23-AUG-2002 FUND SUMMARY- MOSQUITO Mosquito Fund Mosquito State I Fund GRAND TOTAL: EXPENSES 45,109.23 830.91 45,940.14 PAGE 1 PAYROLL 0.00 0.00 0.00 ., J - '"' ...., MOSQUITO CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: August 13, 2002 Tape: 2 Convened: 11 :45 a.m. Adjourned: 12:00 p.m. Commissioners Present: Chairman, John D. Bruhn, Paula A. Lewis, Cliff Barnes, Doug Coward, Frannie Hutchinson(absent) Others Present: Doug Anderson, County Administrator, Dan McIntyre, County Attorney, .Tim David, Mosquito Control Director, Ray Wazny, Public Works Director, Paul Phillips, Airport Director, A. Millie Delgado, Deputy Clerk 1. MINUTES It was moved by Com. Coward, seconded by Com. Barnes, to approve the minutes of the meeting held July 9,2002; and, upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENTS None 3. CONSENT AGENDA It was moved by Com. Lewis, seconded by Com. Coward to approve the Consent Agenda; and, upon roll call, motion carried unanimously. I. WARRANT LIST The District approved Warrant List Nos. 41 through 45. 2. MOSQUITO CONTROL IRL Mosquito Impoundment 19B Wetland Water Quality Improvement Project/Budget Resolution No. 02-04- The District authorized the acceptance of the SFWMD grant and Cooperative Agreement in the amount of $20,000 pending County Attorney review and approval, adopt the budget resolution and authorize the Chairman to execute the budget resolution appropriating the funds. 3. PURCHASING A. Extension of Contract No. COO-09-552- with Adapco,Inc.- The District approvcd the extension through September II. 200~ and aulhorizl:d thl: Chairman to sign till: l:xtcnsion as prl:pal"l:d by thc COllnly ^!torncy. B Extension of Contract No. 00-09-556- with Clarke Mosquito Control The District approved the extension through September 11, 2003 and Authorized the Chairman to sign the extension as prepared by the County Attorney. C Bid Waiver and Piggyback Osceola County Mosquito Control Chemicals Bid- The District approved the bid waiver and awarded the contracts with Clark Mosquito Chemicals Inc., and Adapco, Inc., to provide mosquito control chemicals, and authorized the Chairman to sign the contracts as prepared by the County Attorney. - , ~ ... ...... """'" The Mosquito Control Director requested the Board consider a request to allocate $65,000 for a line to line transfer. The funds will be utilized for aerial spraying contract of chemicals for preparation of the West Nile Virus if it should be found in the county. This request will be brought back to the Board for approval at a later date. There being no further business to be brought before the District, the meeting was adjourned. Chairman Clerk of Circuit Courts '-'" W1fI ST. LUCIE COUNTY ENVIRONMENTAL CONTROL BOARD 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 AGENDA August 27, 2002 REGULAR AGENDA 1. MINUTES Approve the minutes of the meeting held April 23, 2002. 2. GE:\/ERAL PUBLIC COMMENT NOTICE: All proceedings before thIs Board are electronicall}' recorded. Any person 'who decides to appeal any action taken by the Board at these meetings will need a record ufthe proceedings Olnd fur such purpose may need to ensure that <l yerbatim record 01' the proceedings is made. Upon the request orany party to the proceedings. individuals leslil'ling during a hearin:.: will he swnm in. ^n~' pHI}' tu the )l"Oœcdings will be granted an opportunity to cross·examine any individuallestifying during a hearing upon I'cquest Anyone with II disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TOD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. '\ '- ..., ENVIRONMENTAL CONTROL BOARD ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: April 23, 2002 Tape: 2 Convened: 11 :32 a.m. Adjourned: 11 :32 a.m. Commissioners Present: Chairman, Cliff Barnes, Frannie Hutchinson, Doug Coward John D. Bruhn, Paula A. Lewis, Others Present: Doug Anderson, County Administrator, Robert Bradshaw, Asst. County Administrator, Dan McIntyre, County Attorney, Ray Wazny, Public Works Director, Paul Phillips, Airport Director, Bill Blazak, Utilities Director, A. Millie Delgado, Deputy Clerk . 1. MINUTES (2-1300) It was moved by Com. Hutchinson, seconded by Com. Coward, to approve the minutes of the meeting held November 20, 2001; and, upon roll call, motion carried unanimously. Com. Hutchinson requested staff look into the possible purchase of the Porta Oaks property· There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of Circuit Court