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HomeMy WebLinkAbout8/25/1977THURSDAY, AUGUST 25, 1977 THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, MET IN SPECIAL SESSION AT THE COURTHOUSE, VERO BEACH, FLORIDA, ON THURSDAY, AUGUST 25, 1977, AT 4;00 O'CLOCK P.M, PRESENT WERE WILLIAM C. WODTKE,' JR.-,' CHAIRMAN; ALMA LEE LOY, VICE CHAIRMAN; WILLARD W. SIEBERT, JR.; AND R. DON DEESON. ABSENT WAS EDWIN S. SCHMUCKER. ALSO PRESENT WERE JACK G. JENNINGS, COUNTY ADMINISTRATOR,. GEORGE G, COLLINS, JR., ATTORNEY TO THE BOARD OF COUNTY COMMISSIONERS; WILLIAM P, JACKSON, FINANCE OFFICER AND VIRGINIA HARGREAVES, DEPUTY CLERK, CHAIRMAN WODTKE CALLED THE SPECIAL MEETING TO ORDER AND ANNOUNCED THAT IT WAS BEING HELD TO TAKE ACTION ON THE EVALUATION OF THE BIDS RE- CEIVED AT YESTERDAY S MEETING, ADMINISTRATOR JENNINGS PRESENTED THE BOARD WITH THE FOLLOWING BREAKDOWN ON THE BIDS RECEIVED ON THE TRACTOR AND MOWER; 30 PAGF4,02 AUG 2 5 1977 k'" C-1 r 8/25/77 DDT/�Td I Pippin Tractor Co. NEW TRACTOR & MOWER MAYM z Mnnr..T. Bush Hog 306R MA!FmC euFne nraT.T�s�vv r 8/25/77 DDT/�Td I Pippin Tractor Co. Massey Ferguson 265 yes 1 Week $7,792.00 .=Jiro Beach, Fla. Bush Hog 306R 938.00 $8,730.00 V Berggren Equipment Co. John Deere 2440 219 Cu. in. 30 days $9,396.00 Ft. Pierce, Fla. Bush Hog 306R 60 H.P. Minton Equipment Co. International Exceeds Specs 15 to 30 $11,039.00 Ft. Pierce, Fla. Harvester 1-674 days Lewis Saturn 6 Mower Sunrise Ford Ford 5600 yes 15 days $10,57.2.00 Ft. Pierce, Fla. Woods 6' 1 THE ADMINISTRATOR RECOMMENDED THAT THE LOW BID OF PIPPIN TRACTOR CO', - BE -ACCEPTED--, DN MOTION BY COMMISSIONER DEESON,. SECONDED BY COMMISSIONER SIEBERT, THE BOARD ACCEPTED THE BID OF PIPPIN TRACTOR CO., VERO BEACH., FOR A MASSEY FERGUSON 265 TRACTOR AND 306R BUSH HOG MOWER., AS BEING THE LOWEST AND BEST BID MEETING SPECIFICATIONS, IN THE AMOUNT OF $8,730,00, ADMINISTRATOR JENNINGS NEXT DISCUSSED WITH THE BOARD THE BIDS SUBMITTED ON A FOUR -DOOR SEDAN AND RECOMMENDED THAT THE NEXT TO LOWEST BID MADE BY VERO BEACH LINCOLN MERCURY,, INC., ON A 1977 COUGAR BE ACCEPTED AS THIS CAR IS IN INVENTORY AND COULD BE OBTAINED IMMEDIATELY WHILE THERE WAS A 75 DAY DELIVERY DATE ON THE 1978 IMPALA BID BY FRED COYNE CHEVROLET, WHICH WAS PRICED ONLY $38,00 LOW, HE EXPLAINED THAT THE COUGAR QUOTED AT THE LOWEST PRICE HAD ALREADY BEEN SOLD. COMMISSIONER SIEBERT COMMENTED THAT THE 1978 CAR WAS LESS MONEY THAN THE 1977, ADMINISTRATOR JENNINGS AGREED BUT POINTED OUT THAT THE COUGAR IS A MORE EXPENSIVE MODEL CAR; WE WOULD GET IMMEDIATE•DELIVERY AND WOULD BE TAKING ADVANTAGE OF THE 57 YEAR END DISCOUNT, HE FELT WE WOULD BE GETTING MORE CAR FOR OUR MONEY. COMMISSIONER LOY FELT THAT FOR SUCH A SMALL DIFFERENCE WE SHOULD TAKE THE CAR THAT IS AVAILABLE FOR IMMEDIATE DELIVERY. CHAIRMAN WODTKE ASKED IF THE ADMINISTRATOR FELT THAT THE TIME PERIOD IS A CRITICAL FACTOR, AND THE ADMINISTRATOR STATED THAT HE DID. MOTION WAS MADE BY COMMISSIONER Loy, SECONDED BY COMMISSIONER $IEBERT, TO ACCEPT THE BID OF VERO BEACH LINCOLN MERCURY, INC., FOR IMMEDIATE DELIVERY OF A 1977 COUGAR, FOUR -DOOR SEDAN, AS BEING THE LOWEST AND BEST BID MEETING SPECIFICATIONS, IN THE AMOUNT OF $5,400.00, WILLIAM KOOLAGE, AN INTERESTED CITIZEN, QUESTIONED BUYING A LARGE CAR THAT CONSUMES A LOT OF GAS, AND ADMINISTRATOR .JENNINGS INFORMED HIM THAT THIS IS THE ONLY FULL SIZE CAR OWNED BY THE COUNTY AND IS USED TO TRANSPORT THE COMMISSIONERS TO TALLAHASSEE AND ALL. -*.OVER THE STATE, IT WILL OFTEN BE REQUIRED TO TRANSPORT FOUR OR MORE PEOPLE AT THE SAME TIME, THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED, 3 AUG 2 5 1977 aJG 30 P,r. 404 ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT COMMISSIONER DEESON HAD REQUESTED HIM TO LOOK INTO THE PAVING OF THE ROAD LEADING TO THE ROSELAND COLLECTOR STATION. HE NOTED THAT THIS IS IN THE PROGRAM FOR THE UPGRADING OF THE VARIOUS COLLECTOR STATIONS AND MUST BE VONE AT SOME TIME, THE ADMINISTRATOR STATED THAT THERE IS ABOUT 4,000 FEET OF ROAD THERE THAT NEEDS TO BE PAVED AND HE ESTIMATED IT WOULD TAKE LESS THAN $30,000 TO PAVE THIS PROPERTY, AND TIE ONTO THE PAVING WE HAVE DONE AT THE COLLECTOR STATION, ADMINISTRATOR JENNINGS CONTINUED THAT THIS IS A COUNTY ROAD; THERE IS SUFFICIENT MONEY FOR THIS PROJECT IN THE CURRENT BUDGET; AND HE WOULD LIKE THE BOARD TO CONSIDER LETTING HIM PROCEED. CHAIRMAN WODTKE ASKED IF THIS IS A COST OUTSIDE THE LANDFILL OPERATION OR NOT, ADMINISTRATOR JENNINGS FELT THAT POSSIBLY IT COULD BE INCLUDED IN THE BOND ISSUE AS WE HAVE TO CLOSE OUT ALL OF THE FOUR DUMPS WE HAVE AND WE SHOULD HAVE PAVED ROADS TO THE COLLECTOR STATIONS, FINANCE OFFICER JACKSON RECOMMENDED THAT IT BE TAKEN OUT OF THE CURRENT BUDGET RATHER THAN SQUEEZED INTO THE COST OF THE LANDFILL, ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER Loy, THE- BOARD AUTHORIZED THE ADMINISTRATOR TO PAVE GIBSON STREET IN ROSELAND LEADING TO THE COLLECTOR STATION, INTERGOVERNMENTAL COORDINATOR THOMAS INFORMED THE BOARD THAT HE NEEDS AUTHORIZATION FOR THE CHAIRMAN TO SIGN AN APPLICATION THE SAME AS FOR THE LAST 3 YEARS FROM THE COUNCIL ON AGING TO THE DEPARTMENT OF COM- MUNITY AFFAIRS FOR A $2,500 GRANT WHICH HAS TO BE MATCHED $1,250 IN CASH AND $1,250 IN KIND. HE STATED THAT THE CASH WILL BE OBTAINED FROM ANOTHER ORGANIZATION AND THE "IN KIND" IS AVAILABLE FROM OUR PRESENT OPERATION. COMMISSIONER SIEBERT ASKED IF THIS AMOUNT WAS INCLUDED IN THEIR ANTICIPATED REVENUE IN THE BUDGET BROUGHT BEFORE THE BOARD, AND THE 000RDI- NATOR STATED THAT IT WAS, ON MOTION BY COMMISSIONER Loy,' SECONDED BY COMMISSIONER SIEBERT, THE BOARD APPROVED RESOLUTION N0, 77-89 AUTHORIZING THE CHAIRMAN TO SIGN THE DOCUMENTS REQUIRED BY THE COUNCIL ON AGING AND THE SHELTERED WORK- SHOP TO APPLY FOR GRANTS FROM THE DEPARTMENT OF COMMUNITY AFFAIRS, 4 AUG 2,55 1977 RESOLUTION NO. 77-89 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING AND DIRECTING THE CHAIRMAN'OF THE BOARD WILLIAM C. WODTKE, JR. TO SIGN AGREEMENTS WITH THE STATE OF FLORIDA DEPARTMENT OF COM- MUNITY AFFAIRS UNDER THE FLORIDA FINANCIAL ASSISTANCE FOR COMMUNITY SERVICES ACT. IT IS HEREBY RESOLVED BY THE BOARD.OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AS FOLLOWS: Section I. That the.Chairman is hereby authorized and directed to sign in the name and on behalf of -the Board of County Commissioners Agreements between the Florida Department of Community Affairs and the County of Indian River under the Florida Financial Assistance .for Community Services Act, as per -copy attached hereto and made part thereof. 'section 11. That all funds necessary to meet the contract obligations of the County and it delegate agencies (if applicable) with the Department have been appropriated and said funds are un- expended and unencumbered and are available for payment as prescribed in the contract. The County shall be responsible for the funds for the local share notwithstanding the fact that all or part of the local share is to be met or contributed by other source, i.e., contributions, other agencies or organization funds. PASSED AND ADOPTED THIS 25th day of August, 1977. _._APPROVED: William C. Wodtke, Jr. Chairman, Board of County Commissioners of Indian River County, Florida Freda Wright—, ler c a . aiGK 406 RESOLUTION OR ORDINANCE NO. 77_89 A RESOLUTION OF TIIE COUNCIL OF TIIE (F./ COUNTY), Indian River FLORIDA, AUTHORIZING AND DIRECTING THEW-OR/CHAIRMAN OF TIIE BOARD)Board of County Commissioners TO SIGN AN AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS UNDER THE FLORIDA FINANCIAL ASSISTA14CE FOR COMMUNITY SERVICES ACT. IT IS HEREBY. RESOLVED BY THE /COUNTY OF Indian River ,OF .COUNTY, FLORIDA AS FOLLOWS: Section I. That the #aTe+r/Chairman is hereby author- ized and directed to sign in the name and on behalf of the City Commission or the Board of County Commissioners an Agreement between the Florida Departmeftt of Community Affairs and the Indian River under the Florida Financial Assistance name of .ems* or county) for Community Services Act, as per copy attached hereto and made part hereof. Section II. That all funds necessary to meet the contract obligations of the city, or.county and its delegate agencies (if applicable) with the Department have been appropriated and said funds are unexpended and unencumbered and are available for pay- ment as prescribed in the contract. The city or county shall be responsible for the funds for the local share notwithstanding the fact that all or part of the local share is to he met or contri- buted by other source, i.e., contributions, other agencies or organization funds. • PASSED AND ADOPTED THIS 25th DAY OF APPROVED: Cliairiran of unt\' Conun i , s 10 n s ATTEST AUG 2 r, 19`77 August ,19 77. .J0 M;C 407 11 COMMUNITY SERVICES TRUST FUND CONTRACT THIS AGREEMENT, beginning the 1st day of October, 1977, between the State of Florida Department of Community Affairs (hereinafter referred to as "Department"), an agency of the State of Florida, with headquarters in the City of Tallahassee, and The Board of County Commissioners of Indian River County (hereinafter referred to as the "Community") . THIS AGREEMENT (CONTRACT) IS ENTERED INTO BASED ON THE FOLLOWING FACTS: The Department, in furtherance of its duties under Sections 409:501 through 409.506, Florida Statutes (Chapter 74-166, Laws of Florida) and Sections 20.05(1) and 20.18(1) and (5), Florida Statutes, has determined that the Community has applied and qualifies for a grant under the Florida Financial Assistance for Community Services Act. The Community, in furtherance of its power and authority to ° conduct community service programs, has enacted an appropriate resolution or ordinance necessary to appropriate the funds required under this grant and to enter into any contract necessary to fulfill the provisions of the program. A copy of said resolution or ordinance is attached hereto and by this reference is made a part of this agreement. 0 NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. Grant Offer to the Community The Department hereby makes a grant offer to the Community under the terms and conditions of Sections 409.501-506, Florida Statutes, this agreement and Chapter 9C-2, Florida Administrative Code (rules and regulations governing these arant funds). ?.. :area :�. ��•a Excel)t as mFiL•. ne exiressty provided z'l.sewherc in this nareement, the-Coiwimnity silts i i perform a i 1. of the necessary services provided under this Agreement in connection with and respecting the geographic area (s) spooified in t.hu illplic,lLi011 for urai,L .£uad.,i. e.LLachod herut_u and by this reference made a part Hereof. ° 1 30 PAUr. i�V.. •3. Scope of Services (a) The Community agrees, under the terms and conditions of this Agreement and applicable rules and regulations of the Department or Division of Community Services, to undertake, perform, and complete certain community service programs, more particularly described in the attached work program(s).•and by this reference made a part hereof. (b) The Community agrees that the sum of the program services covered by this Agreement shall not be subcontracted or delegated except as provided for in this Agreement or amended without prior written approval of the Department. 4. Time of Performance The Community agrees to execute this agreement within thirty (30) days of receipt and to commence services within fifteen (15) days after execution by the Department unless otherwise specified in the work program. All services to be offered shall be undertaken and completed in such sequence as to assure their expeditious completion in the light of the purpose of this Contract, but in any event all the services required hereunder shall be completed no later than September 30, 197 . S. Compensation (a) The Department agrees to pay the Community the total sum of $5,256.00 for the community service program(s) described herein, the balance of funds required will be provided by the Community as provided in the attached budget state- ment. The budget statement is by this reference made a part of this Agreement. (b) The Department shall forward to the Community an equal monthlyamount. of $438.00 _ -- for the twelve month period f7f(7:.n:li*1'{ octobcr L 19'17. (ct Contract are sul-jec: to the total releasc-. of authorized appropriations from t}ti' 'P1'tt:4L Filild; oLhorwi:a', t �,Y i'.lt.l e:ISt.t'1�tUt l ttl o avZilahle Luadti wiij. i)k-, ntauc:. 2 AUG '415 1977 . ,;�,K °r1Gr 409 ...................................................... 0017-771 6. Reports and Records (a) The Department may withhold payment if required reports, (i.e., a monthly financial statement and a quarterly program status report) have not been timely submitted and adequately completed. (b) In the event that all required reports are not received, in adequate and correct form, within thirty (30) days of the due date, the Community will be informed that further grant payments will be withheld until all reports are received in correct form. If all reports are not subsequently received in satisfactory form and condition, the contract will be terminated. (c) The Community agrees to maintain adequate financial procedures, including adequate supporting documents, to account for the use of money as provided in the application, which includes the budget statement. The Community shall also monitor and review its delegates' financial records and reports to assurs proper compliance with this Agreement. (d) The Community shall also provide the Department with any necessary records, reports or financial statements, etc., requested for purpose of auditing and monitoring said grant funds awarded under this Agreement. (e) The Community shall provide the Department with an audit of the contract funds, program compliance and administrative capability of the responsible agency(ies) including delegate agencies. Such audit shall be in compliance with requirements set forth by the Department for such audit, and shall be forwarded to the Department not later than one hundred -twenty {120) days after the termination date of this Agreement unless extended by the Department. 7. Termination of Contract for Cause (a) If, :arou,4h :iny cause, the Community shall fail to fulfill in a timely and proper manner its obl.ia.ations under, this Agreement, or if the 3:::iii V—L-11,e :inV UI L;'Ie covenants, agrot:ments, or 5�._t;a r�L._;�:L "�cc:ItisJL, Ci: C' Lf_' iirCTt?nt Shill; thereupon . have the riaht•withou* ?i. -h ?iL� to t�_rnintite this Pgrnement by giving written notice tc. 'I j' ^I1 �E T .11 IIc;tli)n. Thr Department may also re:7uli'c a .ts"`.'''•'n7':•1i P11:5 fc-r flinc-!.S [Jaid to 3 ComI:111i1i-, 3 Pa F410 AUG 2 51977 (b) Notwithstanding the above, the Community shall not be relieved of liability to the Department for damages sustained by the Department by virtue of any breach of Agreement by the Community and the Department may withhold any payments .to the Community for the purpose set-off until such time as the exact amount of damages due the Department from the Community is determined. 8. Community Responsibilities and Obligations The Department's financial obligation to the Community shall be limited solely to the amount and terms of this Agreement. The Community agrees to hold harmless and if necessary defend, indemnify the Department from all claims, liabilities, suits of any nature whatsoever arising out of, because of, or due to the breach of this Agreement by the Community, its delegates, agents or employees, or due to any act occurrence of omission or commission of the Community. 9. Changes The Department or.Community may, from time to time; request .changes in the scope of the services of the Community to be performed hereunder. Such changes, which are mutually agreed upon by and between the Department and the Community, shall be incorporated as written amendments to the Contract. 10. Interest of Members of Department and Others No officer, member or employee of the Department and no member of its governing body, and no other public official of the governing body of any locality in which the Program is situated or being carried out who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this Program, shall participate in any decision relating to this Contract which affects his persOnl it ntt`re ;t" or Hie intorc` t of ill:\• corp orat2on, part-norshi'F, or associatioll ill lihli:': ho Js, et.ire(-t'ly or it dirret.ly, intor(1Stod; nor sh'I 11 All%- .. ll: t! r �' ."1...Y 1• C,1 t !1F !'t't `,. r� ..i'Tlt !,]'. ar i or public -of ficial of. the !toverniv,•r any loc,ll1-ty in whir}: the t.r U: l lll' li t'. � � � I1 t .. 1 i•y! a'�It �'lt 1: � .. +-• ( •1 .'t'- - AUG 2 5 1977 iL pct 30 ,,-F411 -A 11. Assignability The Community shall not assign any interest in this Agreement and shall not transfer any interest in the same (whether by assignment or novation)., without the prior written consent of the Department thereto; provided, however, that claims for money due or to become due the Community from the Department under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Department. 12. Delegate Activities and Responsibilities The Community shall be responsible for the performance of its delegates and agrees to continually review their activities to assure that they are carrying out their responsibilities. In the event the delegate does not comply with the requirements of the work programs, the Community shall take the necessary action to obtain compliance 13. Matching Restrictions No.federal funds other than federal revenue sharing, shall be used by the Community as the matching funds for this grant. IN WITNESS WHEREOF, the Department and the Community have executed this Agreement as of the date first above written. ATTEST: BY: (signatur.) (signatu e) Freda alright, Clerk Chairman, Board of County Commissioned. .Indian River County, Florida (type name and title) MayororChairman of Commission (Type name and title) DATE_ September 23, 1977 ------------------------------------------------------------------------ STATE OF F"DRI DA nr^AR'TiMCWT OF C CI.MM 11;"'TTI' AFF''JT�S Lit, lr i ,,...:' urs• , h'i I 1 ia.i: N. Sov-re•tary STATE OF FLORIDA t COUNTY OF Indijn_Riycx._._ I hereby certify that on this day, before me, a Notary Public duly authorized in the state and county named above to take acknowledgements, personally appeared William C. Wodtke, Jr. Chairman to me known to be the person described as Board of County Commissioners of Indian River County • Florida in and who executed the foregoing ( cc; i)_ instrument, and he acknowlegded before me that he executed it in the name of and for Indian River Count. —, affixing its (City ..ez County) seal, and that he was duly authorized by that governing body of the Indian River _ to do so. —cr County) ; WITNESS my hand and official seal in the county and state named above this 23 day of _September 1977. Notary P lic� My Commission Expires: • 7 AUG 9 5 19`77 • P.J6 30 pu, 413 THERE BEING NO FURTHER BUSINESS, ON MOTION MADE, SECONDED AND CARRIED, THE BOARD ADJOURNED AT 4:45 O'CLOCK P.M. ATTEST; CLERK CHAIRMAN AUG 251977 R CS 30 P v 414 i