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HomeMy WebLinkAboutAgenda Packet 01.12.2021N1�L11�llLS c��o� BOARD OF COUNTY COMMISSIONERS AGENDA ST. LUCIE COUNTY Regular Meeting Tuesday, January 12, 2021 6:00 PM St. Lucie County Commission Chambers 2300 Virginia Avenue 3rd Floor of Roger Poitras Building Fort Pierce, FL 34982 BOARD MEMBERS District No. 1, Chair CHRIS DZADOVSKY District No. 2, Vice -Chair SEAN MITCHELL District No. 3 LINDA BARTZ District No. 4 FRANNIE HUTCHINSON District No. 5 CATHY TOWNSEND Mission Statement To provide service, infrastructure and leadership necessary to advance a safe and sustainable community, maintain a high quality of life, and protect the natural environment for all our citizens Page 1 of 256 Regular Meeting Tuesday, January 12, 2021 6:00 PM WELCOME All meetings are televised. All meetings provided with wireless internet access for public convenience. Please turn off all cell phones and pagers prior to entering the commission chambers. Please mute the volume on all laptops and PDAs while in use in the commission chambers. GENERAL RULES AND PROCEDURES — Attached is the agenda, which will determine the order of business conducted at today's Board meeting. INVOCATION -PLEDGE — To bring order and decorum to its meeting, the Board begins its meetings with an invocation followed by the Pledge of Allegiance. Participation is voluntary. CONSENT AGENDA — These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA — Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually, usually in the order listed on the agenda. PUBLIC HEARINGS — These items are usually heard on the first Tuesdays at 6 p.m. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on the third Tuesday, which begins at 9 a.m., then public hearings will be heard at 9 a.m. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed rp for to the listed time. The Chair 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, and must be pertinent to the agenda item being considered by the Board. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chair will ask for public comment, (4) further discussion and action by the Board. ADDRESSING THE COMMISSION — Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies ready for distribution. NON -AGENDA ITEMS — These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT — Time is allotted at the beginning of each meeting for general public comment. Please limit comments to three minutes. Comments may pertain to any matter related to the Board's duties as the County's governing body. Comments in support or opposition to candidates for public office are not pertinent to the Board's duties. This includes any speaker identifying himself or herself as a candidate for public office. DECORUM — Please be respectful of others' opinions. MEETINGS — All Board meetings are open to the public and are held on the first Tuesdays of each month at 6 p.m. and on the third Tuesdays at 9 a.m., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Fort Pierce, Fla. 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at 772-462-1777 or TDD 772-462-1428 at least 48 hours prior to the meeting. 21Page Page 2 of 256 Regular Meeting Tuesday, January 12, 2021 6:00 PM 1. CALL TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENT (excluding Public Hearing Items) 5. APPROVAL OF MINUTES A. Board of County Commissioners minutes for the Regular Meeting of December 1, 2020. B. Board of County Commissioners minutes for the Special Meeting of December 8, 2020. C. Board of County Commissioners minutes for the Informal meeting of December 8, 2020. D. Board of County Commissioners minutes for the Regular meeting of December 15, 2020. 6. PROCLAMATIONS APPROVAL A. Resolution No. 20-001 - Proclaiming January 18, 2021 as "Rev. Dr. Martin Luther King Jr. Day" in St. Lucie County, Florida 7. PRESENTATIONS There are no items scheduled. 8. CONSENT AGENDA A. WARRANTS 1. Warrant Lists 11 - 14 B. ADMINISTRATION 31Page Page 3 of 256 Regular Meeting Tuesday, January 12, 2021 6:00 PM 1. Appointment to the Housing Finance Authority Staff recommends that the Board vote to ratify the appointment of Michael Blake Combs as Commissioner Mitchell's representative on the Housing Finance Authority. 2. Sheriff's Appointment to the Citizen's Budget Committee Staff recommends that the Board vote to ratify the appointment of Stephen Reuther on behalf of the Sheriff to the Citizen's Budget Committee. Authorization Resolution - FY21 Block Grant FDOT (Florida Department of Transportation) Staff recommends Board approval of the FY21 FDOT Block Grant (FM# 407187-3-84-01) authorizing resolution and permission for the Chair to sign all applicable documents as approved by the County Attorney. The total project cost is $1,389,914.00. 2. Authorization Resolution - FY21 Federal Transit Administration (FTA) 5311 Staff recommends Board approval of the FY21 FDOT Block Grant (FM# 407185-3-84-01) authorizing resolution and permission for the Chair to sign all applicable documents as approved by the County Attorney. The FDOT award is $58,920.00 and the local match is $58,920.00. 3. Authorization Resolution - Corridor Development Grant Amendment - FDOT (Florida Department of Transportation) Staff recommends Board acceptance of the authorizing resolution and Public Transportation Grant Agreement Amendment ($180,000.00) for the FDOT Corridor Development Program (FM#444664-1-84-1/Grant G1H57); and authorization for the Chair to sign documents, as approved by the County Attorney. 41 PagE Page 4 of 256 Regular Meeting Tuesday, January 12, 2021 6:00 PM 4. Authorization Resolution - US1 Frequency Grant Amendment FDOT (Florida Department of Transportation) Service Development Grant Staff recommends Board acceptance of the authorizing resolution and public transportation grant agreement amendment for the Florida Department of Transportation Service Development Grant (FM#442568-1-84-01/G1H55); and authorization for the Chair to sign documents as approved by the County Attorney. This year total project cost $400,000.00 (FDOT portion $200,000.00 and local match $200,000.00). D. PARKS & RECREATION 2021 Civil War Re -Enactment Waiver Request Staff recommends Board authorization to waive $1,200.00 in open space rental fees for the 2020 Raid on Fort Pierce Re -Enactment to be held at the Savannas Recreation Area on March 12-14, 2021 as outlined in this agenda memorandum and authorization for the Chair to sign documents as approved by the County Attorney. 2. Southern Things for Little Wings Waiver Request 2021 Staff recommends authorization to waive $300.00 in open space rental fees for the 2021 Southern Things for Little Wings Car Show to be held at the St. Lucie County Fairgrounds on January 16, 2021 as outlined in this agenda memorandum and authorization for the Chair to sign documents as approved by the County Attorney. 3. 2021 Multi -Year Inmate Labor Contract Staff recommends Board approval of the Florida Department of Corrections Inmate Labor contract and authorization for the Chair to sign documents as approved by the County Attorney. Staff is requesting to enter into a new three (3) year contract with a three (3) year renewal option in the amount of $57,497.00 per year. 9. PUBLIC HEARINGS A. COUNTY ATTORNEY 5 1 PagE Page 5 of 256 Regular Meeting Tuesday, January 12, 2021 6:00 PM 1. Affordable Housing Advisory Committee - Ordinance Amending Membership to Add a County Commissioner Staff recommends Board grant retroactive permission to advertise the proposed ordinance for public hearing on January 12, 2021 at 6:00 p.m., or as soon thereafter as possible, and adopt the proposed ordinance as drafted. B. PLANNING & DEVELOPMENT SERVICES Prima Vista Rezone - Change in Zoning from CO (Commercial, Office) Zoning District to CN (Commercial, Neighborhood) Zoning District Staff recommends the Board of County Commissioners approve the Rezone Petition. 10. REGULAR AGENDA A. ADMINISTRATION Appointment by the Chair for a Commissioner to serve on the Affordable Housing Advisory Committee for a One -Year Term Staff recommends that the Board approve, by motion, an appointment made by the Chair for a Commissioner to serve on the Affordable Housing Advisory Committee for a one-year term. 2. Appointment by the Chair for a Commissioner to serve on the Friends of the Library Board for a One -Year Term Staff recommends that the Board approve, by motion, the appointment made by the Chair for a Commissioner to serve on the Friends of the Library Board for a one-year term. 61Page Page 6 of 256 Regular Meeting Tuesday, January 12, 2021 6:00 PM 3. CARES Act Reimbursement Dollars Allocation Staff recommends the approval of the allocation of reimbursement dollars (attached Exhibit 1) in the amount of $30,549,029 for the continuation of some existing programs and services, funding of initiatives that have been discussed with the Board and the allocation of some funds to reserves for future related. In addition, Staff recommends the Board authorizes the County Administrator to enter into agreements with stakeholders to effectuate the expenditure of dollars and adjust numbers based on the actual receipt of expenditures. Staff recommends approval to move funding from General Fund/Fine & Forfeiture Fund reserves to establish these budgets. Once the annual financial audit is complete, a public hearing will be held to finalize the true -up of excess fund balance, which will replenish the General Fund/Fine & Forfeiture Fund reserves. Mura Municipal Services Benefit Unit - Bond Resolution Staff recommends Board approval of the Mura MSBU Bond Resolution and authorization for the Chair to sign documents as approved by the County Attorney. 11. ANNOUNCEMENTS A. The Board of County Commissioners will hold a Regular meeting on Tuesday, January 19, 2021 at 1pm in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. B. County offices will be closed on Monday, January 18, 2021 in observance of Rev. Dr. Martin Luther King, Jr. day. C. The Board of County Commissioners will hold a Regular meeting on Tuesday, February 2, 2021 at 6pm in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 12. MOTION TO ADJOURN 71Page Page 7 of 256 �ir Luc u i� BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting December 1, 2020 1. CALL TO ORDER The meeting was called to order at 6:00 PM by District No. 1, Chair Chris Dzadovs Convened: 6:00 pm Adjourned: 7:02 pm Commissioner District 1 Chris Dzadovsky, Commissioner District 2 Sean Mitchell, Commissioner District 3 Linda Bartz, Commissioner District 4 Frannie Hutchinson Excused Commissioner District 5 Cathy Townsend so Present Howard Tipton, County Administrator Mark Satterlee, Deputy County Administrator Alphonso Jefferson, Deputy County Administrator Katherine Barbieri, Asst. County Attorney Leslie Olson, Planning & Development Services Director Doug Baber, Human Resources & Risk Management Director Ron Parrish, Public Safety & Communications Director Jodi Nentwick, Senior Planner, Planning and Development Services 2. INVOCATION The County Administrator led the invocation. 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENT (excluding Public Hearing Items) Chair Dzadovsky opened the meeting for public comment at this time. The following citizen addressed the Board: • Thor Welhaven There being no one else wishing to address the Board, Chair Dzadovsky closed public comment. 5. APPROVAL OF MINUTES There were no items scheduled for approval. 6. PROCLAMATIONS APPROVAL Page 8 of 256 BOCC Regular Meeting Tuesday, December 1, 2020 6:00 PM There were not items scheduled for approval. 7. PRESENTATIONS A. Recognition St. Lucie County Best Places to Work Award Doug Baber, Human Resources & Risk Management Director presented the 2020 Best Places To Work Award to the St. Lucie County Board of County Commissioners ("BOCC"). He stated that the "Best Places to Work" program recognizes local organizations for the continued commitment to its employees. He also discussed the St. Lucie County Works Program and its fundraising efforts. Lastly, Mr. Baber thanked the BOCC and staff for their hard work, commitment and making St. Lucie County a recipient of the "Best Places to Work Award" for the fifth year in a row. B. Philanthropy Award Recognition Roxanne Hall, Chapter President, Association of Fundraising Professionals Treasure Coast, and Director of Campaign, United Way of St. Lucie County recognized and presented the St. Lucie County Board of County Commissioners ("BOCC") with the National Philanthropy Day Award. Chair Dzadovsky, on behalf of the BOCC, accepted and dedicated the award to the employees and families of St. Lucie County. C. 4H Christmas Remembrance Debbie McManus, along with Carley Barker and Tanya Binaff, presented an overview of the various St. Lucie County 4-H Clubs. Through a video presentation, each club summarized the focus of their club and explained in detail their community service projects and upcoming activities. Each club thanked the St. Lucie County Board of County Commissioners ("BOCC") for their continued support and on behalf of the BOCC, each Club made a local charitable donation. Lastly, the various 4-H Clubs wished the Commissioners a Happy Holiday Season. Each of the Commissioners personally thanked the various 4-H Clubs for their hard work, creativity, forward thinking and commitment to the community and local organizations. Commissioner Hutchinson suggested that the various 4-H Clubs create a funding opportunity video to be presented to the state legislature. 8. CONSENT AGENDA Commissioner Dzadovsky added to the Consent Agenda Commissioner Hutchinson's appointment to the 19th Judicial Circuit Conflict Committee. 21Page Page 9 of 256 BOCC Regular Meeting Tuesday, December 1, 2020 6:00 PM A motion was made to adopt the consent agenda and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 2 Sean Mitchell SECONDER: Commissioner District 3 Linda Bartz AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson NAYS: None EXCUSED: None I_�T,TZA1 T-11►IM 1. Warrant Lists 57, 5-7 Adopted by Consent Vote. B. ADMINISTRATION 1. Economic Development Council of St. Lucie County, Inc. - Contract for Economic Development Services for FY21 Staff recommended the Board approve the proposed contract with Economic Development Council of St. Lucie County, Inc., and authorize the Chair to sign the contract. Adopted by Consent Vote. C. COUNTY ATTORNEY 1. Addendum to Contract for Sale and Purchase - Stormwater Pond Site - Midway Road from East of the Turnpike Bridge to Selvitz Road - Mayo - Parcel ID 3406-601-0002-000-4 Staff recommended the Board approve the addendum to contract for sale, increase the project amount an additional $125,000.00 and purchase, authorize the Chairman to sign the addendum and direct staff to provide the funding necessary to close the transaction. Adopted by Consent Vote. 2. South Hutchinson Island Municipal Service Taxing Unit (MSTU) - Reimbursement Request from St. Lucie County Erosion District Staff recommended that the Board authorize reimbursement for expenses incurred by the St. Lucie County Erosion District (FUND 184) in the amount of $34,263.80 from the South Hutchinson Island MSTU. Adopted by Consent Vote. 3. Revocable License Agreement - 236 SE Prima Vista Boulevard - River Park - Unit Five - Samuel and Audrey McGowan - Parcel ID 3419-540-0063-000-3 31Page Page 10 of 256 BOCC Regular Meeting Tuesday, December 1, 2020 6:00 PM Staff recommended the Board approve the revocable license agreement, authorize the Chairman to sign the agreement and direct Mr. and Mrs. McGowan pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote. 4. Hosted Application Service and License Agreement between the Substance Awareness Center of Indian River County and St. Lucie County Staff recommended that the Board approve the Hosted Application Service and License Agreement between the Substance Awareness Center of Indian River County and St. Lucie County as approved by the County Attorney and authorize the Chair to sign the agreement. The term of this agreement shall commence on December 1, 2020 and shall continue until November 30, 2023. Adopted by Consent Vote. 5. Resolution - Right -of -Way donation on Sunrise Boulevard - Dana and Sandra Carlile - Parcel ID 2433-801-0068-000-9 Staff recommended that the Board accept the general warranty deed from Mr. and Mrs. Carlile, authorize the Chairman to sign the resolution and direct staff to record the documents in the public records of St. Lucie County, Florida. Adopted by Consent Vote. 6. Resolution - Right -of -Way donation on Enders Road and Citrus Avenue - Steve and Camille Polk - Parcel ID 3404-501-0513-000-6 Staff recommended that the Board accept the warranty deed from Mr. and Mrs. Polk, authorize the Chairman to sign the resolution and direct staff to record the documents in the public records of St. Lucie County, Florida. Adopted by Consent Vote. 7. Resolution - Right -of -Way donation on 38th Street - HSC Fort Pierce, LLC (Dollar General) - Parcel ID 2420-221-0001-000-2 Staff recommended that the Board accept the warranty deed from HSC Fort Pierce, LLC, authorize the Chairman to sign the resolution and direct staff to record the documents in the public records of St. Lucie County, Florida. Adopted by Consent Vote. 8. Revocable License Agreement - South Florida Land Clearing, Inc. - Parcel ID 2427-601-0031- 000-8 - Gate in right-of-way on South 7th Street 41Page Page 11 of 256 BOCC Regular Meeting Tuesday, December 1, 2020 6:00 PM Staff recommended the Board approve the revocable license agreement, authorize the Chairman to sign the agreement and direct South Florida Land Clearing, Inc. pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote. 9. North Fork II Addition / Zorc Parcels - Florida Communities Trust FCT Project Number 18-017- FF19 - Dedication to Public Use and Declaration of Restrictive Covenants Staff recommended the Board approve the dedication to public use and declaration of restrictive covenants, authorize the Chair to sign the agreement and direct staff to record in the public records of St. Lucie County. Adopted by Consent Vote. 10. Escheated Property - Transfer to City of Fort Pierce - Parcel ID 2409-602-0292-000-2, 2409- 603-0055-000-2 and 2409-818-0026-000-0 Staff recommended that the Board authorize the Chair to sign the county deed transferring Parcel ID 2409-602-0292-000-2, 2409-603-0055-000-2 and 2409-818-0026-000-0 to the City of Fort Pierce and record the county deed in the public records of St. Lucie County. Adopted by Consent Vote. D. COMMUNITY SERVICES Public Transportation Agency Safety Plan (PTASP) Staff recommended Board approval for the PTASP and authorization for the chair to sign documents as approved by the County Attorney. Adopted by Consent Vote. 2. Award of Bid No. 20-077 Purchase of Bus Shelters Staff recommended Board approval for the purchase of bus shelters, award of bid #20-077 to Tolar Manufacturing Company, Inc. for approximately the purchase of ten bus shelters in the amount of $107,750.00; and authorization for the Chair to sign documents as approved by the county attorney. Adopted by Consent Vote. 3. Resolution - Treasure Coast Transit Operations Center Staff recommended the Board adopt the resolution of support and authorization for the Chair to sign documents as approved by the County Attorney. S1Page Page 12 of 256 BOCC Regular Meeting Tuesday, December 1, 2020 6:00 PM Adopted by Consent Vote. E. ENVIRONMENTAL RESOURCES 1. Work Camper Agreement - Steven J. Fousek Preserve/Paleo Hammock Staff recommended Board approval of work camper agreement with Devan Wilson and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote. F. FACILITIES 1. Morningside Library Packaged Unit Replacement Project Staff recommended Board approval to proceed with the direct purchase of the package unit via Omnia Partners/US Communities contract 15-JLP-023, proposal number H6-58985-2 in the amount of $43,774.00 and approve replacement work by Trane via Omnia Partners/US Communities contract 15-JLP-023, proposal number 40-124761-20-001 at a cost of $65,898.00, and authorize the Chair to sign the agreement as approved by the County Attorney. Adopted by Consent Vote. 15 » 901 34rW102 a VA 1. Approval of the FY20-21 Emergency Medical Services (EMS) Grant Application (State of Florida, Department of Health, Emergency Medical Services Grant Unit) and Resolution No. 20-256 Staff recommended Board approval of the Emergency Medical Services (EMS) grant application in the amount of $44,107.00, Resolution No. 20-256, and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote. H. PUBLIC UTILITIES 1. Capital Equipment Purchase - Komptech Terminator Waste Shredder - AGENDA REQUEST ADDED Staff recommended the Board authorize staff to purchase a Komptech Terminator Waste Shredder for $801,680.00 in accordance with Sourcewell contract #050119-KMP upon review and approval by the County Attorney. Adopted by Consent Vote. I. PUBLIC WORKS 1. Bid Award No. 20-067 - Gordy Rd Bridge Over 10-Mile Creek - THIS PROJECT IS FUNDED BY 61Page Page 13 of 256 BOCC Regular Meeting Tuesday, December 1, 2020 6:00 PM THE INFRASTRUCTURE SALES TAX - AGENDA REQUEST ADDED At the request of Commissioner Hutchinson, Patrick Dayan, Assistant Public Works Director, presented an overview of this item to the Board for discussion. Mr. Dayan discussed in detail the current budget costs and the requested additional contingency, engineering, construction, inspection and geotechnical services costs. He stated that these additional services are individually contracted and not part of the contractor's bid. Staff recommended Board approval to award Bid No. 20-067 Gordy Road Bridge Replacement to Vecellio & Grogan, Inc. in the amount of $1,784,516.58, approve an increase of the project budget an additional $1,172,335.00 and authorization for the Chair to sign documents as approved by the County Attorney. In response to Commissioner Mitchell's question, Mr. Dayan stated that the increase in the contingency costs for engineering is $1.17 million, over and above the original project bid and the total project cost is $2.4 million. Adopted by Consent Vote. 2. Award Bid No. 21-001 - Supply and Installation of Sod Staff recommended Board approval for the award of Bid 21-001, Supply and Installation of Sod, to the lowest responsive and responsible bidder, Nature's Keeper Inc. of Fort Pierce and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote. 9. PUBLIC HEARINGS A. PLANNING & DEVELOPMENT SERVICES Text Amendment to the Land Development Code, Chapter IX Signs to define, allow and establish design standards for Changeable Message Monument Signs. - Adoption Hearing Jodi Nentwick, Senior Planner, Planning & Development Services, presented this item to the Board. Staff recommended the Board adopt Ordinance 2020-29, amending the Land Development Code Text Amendments to Section 9.01.01 Permitted Permanent Signs to allow changeable - message monument signs within certain zoning districts. Chair Dzadovsky opened the meeting for public comment at this time. There being no one wishing to address the Board, Chair Dzadovsky closed public comment. A motion was made to approve staff recommendation and it passed unanimously. RESULT: APPROVE 71Page Page 14 of 256 BOCC Regular Meeting Tuesday, December 1, 2020 6:00 PM MOVER: Commissioner District 4 Frannie Hutchinson SECONDER: Commissioner District 3 Linda Bartz AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson NAYS: None EXCUSED: None 10. REGULAR AGENDA A. PUBLIC WORKS 1. Resolution - Midway Road Turnpike Interchange - Support of Recommended Alternative - ADD ON The County Administrator presented an overview of this item to the Board. Staff recommended Board approval of the attached resolution supporting the recommendations of Inwood Consulting Engineers regarding the development of a new Turnpike Interchange at Midway Road in St. Lucie County, Florida. Commissioner Hutchinson commended staff for finding an alternative route. A motion was made to approve staff recommendation and it passed unanimously. RESULT: MOVER: ��X�L�I►D7�:ii AYES: NAYS: EXCUSED: 11. ANNOUNCEMENTS APPROVE Commissioner District 4 Frannie Hutchinson Commissioner District 2 Sean Mitchell Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson None None The County Administrator and Chair Dzadovsky acknowledged and congratulated Glenn Henderson, Mosquito Control Director and Wayne Teegardin, Veteran Services Manager on their retirement. Due to an oversight at the November 17, 2020 Board of County Commissioners Reorganization Meeting, Commissioners Hutchinson, Chair Dzadovsky, Commissioner Mitchell and Commissioner Bartz, acknowledged, thanked and commended former Chair Cathy Townsend for her dedication, commitment, leadership and hard work during an extremely difficult and challenging year. A. The Board of County Commissioners will hold an Informal meeting on Tuesday, December 8, 2020 at gam in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. B. The Board of County Commissioners will hold a Regular meeting on Tuesday, December 15, 2020 at gam in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. C. County offices will be closed on Thursday, December 24, 2020 and Friday, December 25, 2020 in 81Page Page 15 of 256 BOCC Regular Meeting Tuesday, December 1, 2020 6:00 PM observance of Christmas. D. County offices will be closed on Friday, January 1, 2020 in observance of News Years day. 12. MOTION TO ADJOURN 91Page Page 16 of 256 LUCE o �- C C= Q U L L2 r BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Special Meeting December 8, 2020 Convened: 11:18 am Adjourned: 11:28 am 1. CALL TO ORDER The meeting was called to order at 11:18 AM by District No.1, Chair Chris Dzadovsky Present Commissioner District 1 Chris Dzadovsky, Commissioner District 2 Sean Mitchell, Commissioner District 3 Linda Bartz, Commissioner District 4 Frannie Hutchinson, Commissioner District 5 Cathy Townsend Also Present Howard Tipton, County Administrator Mark Satterlee, Deputy County Administrator Alphonso Jefferson, Deputy County Administrator Dan McIntyre, County Attorney Lillian O'Farrell, Recording Secretary 2. PLEDGE OF ALLEGIANCE 3. GENERAL PUBLIC COMMENT Chair Dzadovsky opened the meeting for public comment at this time. There being no one wishing to address the Board, Chair Dzadovsky closed public comment. 4. REGULAR AGENDA A. COUNTY ATTORNEY 1. Status Update - Clover Park Improvement Project - Final Guaranteed Maximum Price Reconciliation The County Attorney presented an overview of this item. He stated since 1986 the County has a long-standing relationship with the New York Mets; in 2016 the County approved a new Facilities Use Agreement through 2042; and the County received a $20,000,000 state grant over a 20-year period. In February 2019, a guaranteed maximum price was approved in the amount of $48,000,000. Since that time, many project changes have occurred. The proposed reconciliation Page 17 of 256 BOCC Special Meeting Tuesday, December 8, 2020 11:00 AM will reduce the guaranteed maximum price to $46,275,000. In the event the new improvements budget exceeds $55,000,000, SFS agreed to contribute up to an additional $2,000,000. This amendment will result in no change to the financial obligation of the County beyond the $55,000,000. Staff recommends hiring HPM to assist the County in monitoring this project. Staff recommended the Board approve and authorize the Chair to sign the Guaranteed Maximum Price Reconciliation, subject to final approval of the County Attorney. There was a discussion amongst Commissioner Townsend, Commissioner Hutchinson and Chair Dzadovsky requesting proof of payment documentation to subcontractors and that staff provide a report to the Board confirming payment. The County Attorney commented what the Board is approving today will be the finalization of the project which will provide the funds to pay subcontractors. The County Attorney also commented that staff will provide a follow-up report to the Board regarding payment confirmation. The County Administrator acknowledged the Board, staff and contactors for their leadership during this project. Char Dzadovsky commented that the requested documentation is important for state auditing purposes and that small businesses are the backbone of our economy. There was a discussion between Commissioner Mitchell and the HPM representative regarding "open backup" referenced on the Guaranteed Maximum Price Reconciliation. The HPM representative stated that the backup is still open and HPM requested Sterling to provide the documentation before the payment applications are processed. Commissioner Mitchell asked the HPM representative if the County received any Notice to Owner filings for nonpayment to subcontractors. The HPM representative responded that most of the subcontractors filed a Notice to Owner when work commenced and that there are no liens on the project. A motion was made to approve staff recommendation and it passed unanimously. RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: 5. MOTION TO ADJOURN APPROVE Commissioner District 4 Frannie Hutchinson Commissioner District 5 Cathy Townsend Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy Townsend None None 21 Page 18 of 256 LC Lucm D rr L c' Lv L L) in " BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Informal Meeting December 8, 2020 Convened: 9:08 AM Adjourned: 12:57 PM CALL TO ORDER - COMMISSIONER DZADOVSKY, CHAIR BOARD OF COUNTY COMMISSIONERS The meeting was called to order at 9:08 am by District No. 1, Chair Chris Dzadovsky Present Commissioner District 1 Chris Dzadovsky, Commissioner District 2 Sean Mitchell, Commissioner District 3 Linda Bartz, Commissioner District 4 Frannie Hutchinson, Commissioner District 5 Cathy Townsend Also Present Howard Tipton, County Administrator Mark Satterlee, Deputy County Administrator Alphonso Jefferson, Deputy County Administrator Jennifer Hill, OMB Director Leslie Olson, Planning & Dev. Services Director Nicole Fogarty, Legislative Affairs Division Director Edward Matthews, Parks & Recreation Director Matt Baum, Parks & Recreation Assistant Director David Barth, Ph.D., Barth Associates Patrick Dayan, P.E. - Assistant Public Works Director Clint Sperber, Administrator/Health Officer, Florida Dept. of Health Lillian O'Farrell, Recording Secretary 2. DISCUSSION ITEMS A. Parks Masterplan - Preliminary Findings Presentation Edward Matthews, Parks & Recreation Director along with Matt Baum, Parks & Recreation Assistant Director and David Barth, Ph.D., Barth Associates presented an overview of this item. Edward Matthews acknowledged staff and the consultants for their hard work and dedication. Page 19 of 256 BOCC Informal Meeting Tuesday, December 8, 2020 9:00 AM Matt Baum, Parks & Recreation Assistant Director thanked the Board. He then introduced Dr. David Barth, who presented a detailed overview of the Parks, Park Preserves and Recreation Master Plan. Dr. Barth discussed in detail the following: • Purpose of the Master Plan: to help make St. Lucie County more sustainable and resilient — economically, socially, and environmentally; • Guiding Principles and Trends: emphasis on sustainability and resiliency; connection to public realm; national 10-minute walk initiative; placemaking; • Planning Process: parks and recreation system master planning process; needs assessments priorities for facilities and programs; City of Port St. Lucie parks and recreation system vision; neighborhood and community park upgrade checklist; prioritization process and criteria; proposed priority projects; • Needs Assessment Findings to Date: needs and priorities assessment surveys, level of service analysis for acreage and access; indoor recreation; recreation facilities; park evaluations for special use; park preserves; community and regional parks; and beach access; • Long Range Vision and Funding Alternatives and Projections; and • Refined Implementation Strategy, Approval and Implementation. Matt Baum, Parks & Recreation Assistant Director commented that the County's 2003-2023 Parks Master Plan has been completed and funded with MSTU. There was a discussion between Commissioner Mitchell and Dr. Barth regarding the needs and priorities assessment surveys. Dr. Barth commented that the demographic of the survey responses were not all senior programs. In response to Commissioner Mitchell's question regarding the inclusion of parks in new County towns, villages and countrysides, Commissioner Hutchinson responded in the affirmative. She also commented that in 2002 funding went to the purchase of property at Lakewood Park instead of regional parks. Commissioner Mitchell commented, and the County Administrator confirmed, when the MSTU was created in in 2002 those funds cannot be allocated for maintenance. In response to Commissioner Hutchinson's question regarding the thought process behind a 10-year plan versus a 20-year plan, the County Administrator responded that the County's early conversations were based on the success of the sales tax. 21Page Page 20 of 256 BOCC Informal Meeting Tuesday, December 8, 2020 9:00 AM B. Regarding funding, Commission Hutchinson asked if the 10-year plan was on the parks funding plan or the MSTU. Dr. Barth commented the County can have a 20-year plan and a 10-year Phase 1 that is tied to funding. Commissioner Hutchinson requested staff to provide a recap of the projects that have been completed during the past 20 years, what projects were funded and what projects the Cities have completed. There was a discussion between Commissioner Townsend and Dr. Barth regarding active preserves. Commissioner Townsend requested staff to provide a list of the preserves that have become active. There was a discussion between Chair Dzadovsky and Dr. Barth regarding programming, capital investments and the County's partnerships with each of the Cities. There was a discussion amongst Chair Dzadovsky, Commissioner Townsend, Commissioner Hutchinson and Dr. Barth regarding programming, revenue generated areas, supplemental costs with the City of Fort Pierce and land acquisition vs. County building. Commissioner Mitchell asked staff if the County polled residents on changing the MSTU to include maintenance. The County Administrator responded if the MSTU is renewed after 2023, the terms can be changed. Commissioner Hutchinson suggested when the Board and staff meet again, the MSTU be the focus of discussion. In response, Dr. Barth commented that more questions will be answered as staff moves forward with visioning, revenue projections and various funding mechanisms. 2021 State and Federal Legislative Program Nicole Fogarty, Legislative Affairs Division Director, presented an overview of the St. Lucie County 2021 State and Federal Legislative Program. The presentation commenced with the 2020 State Legislative Program, which was presented by Greg Burns of Van Scoyoc Associates, who discussed in detail the following Environmental Natural Resources Programs: • St. Lucie County Federal Beach Nourishment Projects; • Indian River Lagoon South Projects; • Offshore Sand; • Everglades Restoration Future Funding Needs; • Lake Okeechobee System Operating Manual; and • Energy Exploration. 31Page Page 21 of 256 BOCC Informal Meeting Tuesday, December 8, 2020 9:00 AM In response to Commissioner Hutchinson's question regarding offshore sand, Mr. Burns stated that he is unaware of offshore sand removal from St. Lucie County. Commissioner Hutchinson asked Mr. Burns for an assurance that mitigation and/or consistent surveying not be at the expense of St. Lucie County. Regarding funding for the Indian River Lagoon South Project, Chair Dzadovsky requested Ms. Fogarty to coordinate with Mr. Burns and Duane De Freese, Ph.D., Indian River Lagoon National Estuary Program. Regarding the Interconnect Canal, Commissioner Hutchinson commented that back pumping is not allowed from the C23 to C24 Reservoirs; and requested Ms. Fogarty to change the following verbiage in the background description from "reasonable" assurance to "absolute" or "shall require" assurance. Mr. Burns commented that the word "reasonable" has been removed and replaced with "absolute." Chair Dzadovsky asked if the Herbert Hoover Dike is still being funded at the federal level and is there a deadline for completion. In response, Mr. Burns stated that there is federal funding for the Herbert Hoover Dike and work is expected to be completed in 2022. Next, Mr. Burns, along with Ms. Fogarty, discussed in detail the following Health and Human Services Administration Programs: • COVID-19 Response and Recovery Plan; • Mental Health and Opioid Addiction; • Aging Issues — Alzheimer's and Dementia Research; • Older Americans Act Programs; • Medicaid Inmate Exclusion Policy; • Homelessness; • Citrus Issues; • Economic Development Administration; • Community Services Block Grants & Low -Income Home Energy Funding; and • Department of Housing and Urban Development Formula Programs. Ms. Fogarty commented that due to the Medicaid Inmate Exclusion Policy, the County has experienced high rates in the County's jail healthcare services, which services can be alleviated if the policy is passed by the state legislature. Chair Dzadovsky commented individuals who are arrested and convicted lose their healthcare coverage and the Medicaid Inmate Exclusion Policy will allow individuals to keep their healthcare services up until the time they are sentenced, which will alleviate the taxpayer cost. Commissioner Bartz commented if a person is convicted and losses their benefits, their families' losses their benefits as well, at which time the families must find other resources, which is an exuberant cost to the taxpayer and the County. 4 1 PagE Page 22 of 256 BOCC Informal Meeting Tuesday, December 8, 2020 9:00 AM Regarding the citrus initiative, Chair Dzadovsky asked Ms. Fogarty if the County received support from the surrounding counties. In response, Ms. Fogarty stated discussions commenced with Indian River and Martin Counties. Moving on, Ms. Fogarty provided an overview of the 2021 Federal Program and introduced John Ariale of Husch Blackwell Strategies; Keenan D. Hale, Jr., and Doyle Bartlett of Gray Robinson, P.A.; who presented an overview of the 2021 Aviation Maritime Issues and Priorities. John Ariale discussed in detail the following 2021 Aviation Issues: • Treasure Coast International Airport — Runway Extension Funding; • Treasure Coast International airport —Additional FAA Tower Frequency; and • Treasure Coast International Airport —Apron Enhancements and Other Miscellaneous Improvements. There was a discussion between Chair Dzadovsky and Mr. Ariale regarding personnel and operation of the Tower Frequency and customs timeframe. Mr. Ariale stated per the FAA once the facilities and equipment are in place, there is no need to worry about personnel. Mr. Ariale suggested to Ms. Fogarty that the customs issue be added to the priority list. Commissioner Townsend asked Mr. Ariale when will the County be submitting the AIP application. In response, Mr. Ariale stated sometime within the next year. Chair Dzadovsky requested the County Administrator to move the application process forward. The County Administrator responded that this will be a priority. Chair Townsend asked Mr. Ariale to confirm that the County has two fixed based operators at the airport and that the airport is looking to attract a third fixed based operator. Mr. Ariale responded in the affirmative and stated that this will be reflected on the aviation priorities agenda. Next, Mr. Ariale, along with Doyle Bartlett, discussed in detail the following 2021 Maritime Issues and Priorities: • Port of Ft. Pierce — Inlet Maintenance Dredging; • Port of Ft. Pierce — Post Security Grant Program; • Port of Ft. Pierce — Port Infrastructure Development Grants; • Port of Ft. Pierce — Port Development; and • Port of Ft. Pierce — Opportunity Zone. Moving on, Ms. Fogarty presented an overview of the 2021 State Legislative Program. She introduced the County's new state contract lobbyists, Kim McDougal, Carlicia Collins and Robert Stuart of GrayRobinson, PA and discussed in detail the following Economic Development Legislative Priorities: S1Page Page 23 of 256 BOCC Informal Meeting Tuesday, December 8, 2020 9:00 AM • Visit Florida Funding; • Qualified Target Industries Tax Refund; • St. Lucie Cultural Alliance; and • Enterprise Florida/Job Grown Grant Fund. Commissioner Townsend recognized the new leadership of Alyona A. Ushe, Executive Director, St. Lucie Cultural Alliance. Next, Ms. Fogarty explained the County's appropriation request policy and discussed in detail the following appropriation requests: • North Hutchinson Septic to Sewer Conversion; • Land Application of Biosolids; • Treasure Coast International Airport Scrub -Jay Habitat; and • Beach and Inlet Management Projects. In response to Chair Dzadovsky's question regarding limitation of match funds, Ms. Fogarty responded there is no limitation from where the funds come from but the funds cannot be allocated in the same fiscal year. There was a discussion amongst Chair Dzadovsky, Commissioner Hutchinson, Ms. Fogarty and Joshua Revord, Coastal Engineer regarding state beach rank criteria. Moving on, Ms. Fogarty discussed in detail the following: • Comprehensive Water Reform; • Indian River Lagoon South — Comprehensive Everglades Restoration Project; • Department of Environmental Protection — Beach Funding & Permitting; • Department of Environmental Protection — Land Conservation; and • Conversion of Septic Systems. Ms. Fogarty requested that the Board provide direction and approval of appropriation requests by Tuesday, December 15, 2020. She suggested the Board review the following requests as priorities: Environmental Projects and Veterans Assistance Center. The Board agreed that the Veterans Assistance Center would be one of the three appropriation requests. Ms. Fogarty commented that she will meet with each Commissioner regarding appropriation request direction. A motion was made a motion to recess the Informal Meeting and it passed unanimously. 61Page Page 24 of 256 BOCC Informal Meeting Tuesday, December 8, 2020 9:00 AM C. RESULT: APPROVE MOVER: Commissioner District 4 Frannie Hutchinson SECONDER: Commissioner District 3 Linda Bartz Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy Townsend, Chris AYES: Dzadovsky NAYS: None EXCUSED: None 11:17 AM — Recess taken 11:46 AM — Meeting reconvened Joint Meeting with the City of Port St. Lucie Agenda Howard Tipton, County Administrator presented an overview of this item. He stated that the Joint Meeting with the Port St. Lucie City Council will take place at Indian River State College Pruitt Campus on Tuesday, January 26, 2020 at 9:00 am. The County Administrator, along with Mr. Russ Blackburn, Port St. Lucie City Manager collaborated on the modified agenda items, which were discussed in detail as follow: • Meeting Called to Order; • Roll Call; • Invocation and Pledge of Allegiance; • Pubic to be Heard; • Special Presentations — (a) Florida Trend/ Community Spotlight; (b) Adopted City of Port St. Lucie Ten Year Parks & Recreation Master Plan and Progress Report on the St. Lucie County Ten Year Parks & Recreation Master Plan/Parks Municipal Services Taxing Unit (MSTU) Update; (c) Community Redevelopment Agency (CRA) Update; and 2021 Legislative Preview; and • Adjourn. Commissioner Hutchinson commented about the importance of the 2021 Legislative Preview discussion item. There was a discussion between Chair Dzadovsky and Commissioner Hutchinson regarding the Community Redevelopment Agency (CRA) Update. Commissioner Hutchinson commented that she would like to hear from the City of Port St. Lucie regarding its plan and intent and requested staff to provide a list of the CRA boundaries. After a lengthy discussion amongst Chair Dzadovsky, Commissioner Mitchell, Commissioner Hutchinson and the County Administrator, it was agreed that the 2021 Legislative Preview and Coronavirus Aid, Relief and Economic Security Act update would be added to the Joint Meeting agenda under "New Business." 7 1 PagE Page 25 of 256 BOCC Informal Meeting Tuesday, December 8, 2020 9:00 AM D. Private Driveway Culvert Assistance Program Mark Satterlee, Deputy County Administrator and Patrick Dayan, P.E. - Assistant Public Works Director, presented an overview of this item. Mr. Dayan discussed in detail the following: • Culvert Assistance Program; • Public Benefit; • Code Enforcement; • Examples of Blocked/Failed Culverts; • Program's Overview and Eligibility; • Pace Program Model; • Payment Options, Assessments & Loans; • Contracting; • Timeline for Repayment; • Timeline for Implementation; • Educational Component; and • Pilot Blocks. In conclusion, Mr. Dayan commented that staff seeks concurrence with recommendations and direction to continue with the program's implementation. There was discussion amongst the Board, Mr. Satterlee, Mr. Dayan, The County Administrator and The County Attorney regarding drainage, independent assessments; known failure and pilot blocks, change in property ownership, funding options, income verification; tax collector fees, swell maintenance, cost savings, contractor procurements, contractor insurance verification and possible development of a County -wide program. E. COVID-19 Update The County Administrator, along with Deputy County Administrator Alphonso Jefferson and St. Lucie County Health Department Administrator Clint Sperber, presented an overview of this item. The County Administrator commented that the purpose of this update is to share the current status of the number of COVID-19 cases in St. Lucie County and discussed in detail the following: • Increase in county and state cases and fatalities; • Positive test rate percentage as of December 6, 2020; • St. Lucie County number of cases per by month; and • 14-day average positivity rate. 8 1 PagE Page 26 of 256 BOCC Informal Meeting Tuesday, December 8, 2020 9:00 AM Next, St. Lucie County Health Department Administrator Clint Sperber discussed in detail the following: • June -November 2020 Point -in -Time Number of Covid-19 Hospitalizations, • June -November 2020 Point -in -Time Number of Cases in Intensive Care, • June -November 2020 Point -in -Time Number of Cases on Ventilators; • June -November 2020 Point -in -Time Number of Covid-19 Fatalities; and • Center for Disease Control and Prevention's Recommended Public Health Strategies. Lastly, Mr. Sperber discussed and shared examples of travel and transmission challenges as well as the state's response strategies. There was a discussion between Commissioner Hutchinson and Mr. Sperber regarding contact tracing. Lastly, Deputy County Administrator Alphonso Jefferson presented an overview of the CARES Act update; thanked County staff and volunteers; and discussed in detail the following: • CARES Act Spending Plan; • Application Submissions; • Review of Existing Applications; • State Documentation; and • $55.5M to be Expended Prior to December 30, 2020. Lastly, the County Administrator commented that staff recommends no change to the County's protective measures for the next 30 days. Chair Dzadovsky thanked all staff for their extra efforts during this difficult time. 3. ADJOURNMENT 9 1 PagE Page 27 of 256 LUCE o �- BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting December 15, 2020 1. CALL TO ORDER Convened: 9:00 AM Adjourned: 11:57 AM The meeting was called to order at 9:00 AM by District No. 1, Chair Chris Dzadovsky Present Commissioner District 1 Chris Dzadovsky, Commissioner District 2 Sean Mitchell, Commissioner District 3 Linda Bartz, Commissioner District 4 Frannie Hutchinson, Commissioner District 5 Cathy Townsend Also Present Howard Tipton, County Administrator Mark Satterlee, Deputy County Administrator Alphonso Jefferson, Deputy County Administrator Dan McIntyre, County Attorney Don West, Public Works Director Stan Payne, Director of Port & Airport Jennifer Hill, OMB Director Leslie Olson, Planning & Development Services Director Ron Parrish, Public Safety & Communication Director Erick Gill, Communications Division Director Barbara Guettler, MSBU Coordinator Bethany Grubbs, Planning Technician Joshua Revord, Coastal Engineer Lillian O'Farrell, Recording Secretary 2. INVOCATION The County Administrator led the invocation. 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENT (excluding Public Hearing Items) Chair Dzadovsky opened the meeting for public comment at this time. The following citizen addressed the Board: • Jarrett Romanello There being no one else wishing to address the Board, Chair Dzadovsky closed public comment. Page 28 of 256 BOCC Regular Meeting Tuesday, December 15, 2020 9:00 AM 5 6 Following the public comment, Chair Dzadovsky commented that during the November 17, 2020 Board of County Commissioners Reorganization meeting, he did not acknowledge Chair Townsend for her leadership and accomplishments during 2020. He then discussed the following St. Lucie County projects/accomplishments, which were led by Chair Townsend: • Clover Field Opening; • Pursuit Boat Expansion; • Tamco Manufacturing Facility; • Phoenix Metals Company Expansion; • Strategic Planning Process; • Derecktor Shipyards Ground Breaking; and • TCIA Airport Hanger. Chair Dzadovsky, along with Commissioner Hutchinson, Commissioner Bartz and Commissioner Mitchell presented Chair Townsend with a gift and thanked her for her leadership, extraordinary work and service to St. Lucie County, particularly during a pandemic. APPROVAL OF MINUTES A motion was made to approve all sets of minutes and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District 5 Cathy Townsend AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy Townsend NAYS: None EXCUSED: None A. Board of County Commissioners minutes for the Informal Meeting of November 10, 2020. B. Board of County Commissioners minutes for the Regular Meeting of November 10, 2020. C. Board of County Commissioners minutes for the Special Meeting of November 12, 2020. D. Board of County Commissioners minutes for the Reorganization Meeting of November 17, 2020. PROCLAMATIONS APPROVAL A. Resolution No. 20-290 - proclaiming December 15, 2020 as "Election Worker Appreciation Day" in St. Lucie County, Florida The Recording Secretary read the proclamation into the record. A motion was made to adopt the resolution and it passed unanimously. 21Page Page 29 of 256 BOCC Regular Meeting Tuesday, December 15, 2020 9:00 AM RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 2 Sean Mitchell Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy AYES: Townsend NAYS: None EXCUSED: None Gertrude Walker, Supervisor of Elections, St. Lucie County , along with St. Lucie County staff members who served as poll workers, accepted the proclamation and thanked the Board. 7. PRESENTATIONS There were no items scheduled. 8. CONSENT AGENDA With the exception of the following Consent Agenda items, a motion was made to adopt the Consent Agenda and it passed unanimously: • 8.13.1. - 2021 State Legislative Program • 8.D.3. - Resolution No. 20-287 — Orange Avenue Maintenance Improvement Project — This Project is Funded by the Infrastructure Sales Tax • 8.D.10 - Economic Incentives Resolution - Project Denny RESULT: APPROVE MOVER: Commissioner District 4 Frannie Hutchinson SECONDER: Commissioner District 3 Linda Bartz AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy Townsend NAYS: None EXCUSED: None A. WARRANTS 1. Warrant Lists 8, 9, 10 Adopted by Consent Vote B. ADMINISTRATION 1. 2021 State Legislative Program Nicole Fogarty, Legislative Affairs Division Director, presented this item to the Board. Ms. Fogarty commented that she provided the Board with a list of the St. Lucie County appropriation requests. She discussed in detail the following four(4) appropriation requests: 31Page Page 30 of 256 BOCC Regular Meeting Tuesday, December 15, 2020 9:00 AM 2 3. 4. • North Hutchinson Septic Project • Treasure Coast International Airport Scrub J Habitat • Veterans Assistance Center • McNeal Multi -Family Residential Project Staff recommended Board acceptance of the 2021 State Legislative Program. After a lengthy discussion between staff and the Board, the Board agreed on the following appropriation requests by priority: 1. North Hutchinson Septic Project 2. Veterans Assistance Center 3. McNeal Multi -Family Residential Project 4. Treasure Coast International Airport Scrub J Habitat A motion was made to approve the appropriation requests listed 1-4 above and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District S Cathy Townsend SECONDER: Commissioner District 3 Linda Bartz Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy AYES: Townsend NAYS: None EXCUSED: None 2021 Federal Legislative Program Staff recommended Board approval of the 2021 Federal Legislative Program and to instruct staff to compile the priorities into one document for review by our federal delegation. Adopted by Consent Vote Appointment to the Land Acquisition Selection Committee Staff recommended that the Board vote to ratify the appointment of Ellyn "Mel" Bromberg on behalf of the League of Women Voters to the Land Acquisition Selection Committee. Adopted by Consent Vote Appointment to the Treasure Coast Education, Research Development Authority Staff recommended that the Board vote to ratify their appointment of Dr. Peter Stoffella to the Treasure Coast Education, Research Development Authority Board. Adopted by Consent Vote 4 1 PagE Page 31 of 256 BOCC Regular Meeting Tuesday, December 15, 2020 9:00 AM Appointment to the Land Acquisition Selection Committee Staff recommended that the Board vote to ratify the appointment of Jack Doughney on behalf of the City of Port St. Lucie to the Land Acquisition Selection Committee. Adopted by Consent Vote 6. Appointment to the Library Advisory Board Staff recommended the Board ratify the appointment of Marjorie Harrell as Commissioner Hutchinson's appointment to the Library Advisory Board. Adopted by Consent Vote C. AIR & SEA PORT Grant Acceptance - Airport Design Taxiway E Realignment and C4/C5 Demo Staff recommended Board approval of the FDOT grant in the amount of $180,000.00 for Airport's Design Taxiway E Realignment and C4/C5 Demo Project and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote Grant Acceptance - Airfield Signage and Lighting Update Staff recommended Board approval of this Florida Department of Transportation grant, for the Airfield Lighting and Signage Project, in the amount of $1,800,000.00 and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote Termination of Seaport Grant - Port of Fort Pierce Berth Improvement Initiative Staff recommended Board approval for termination of the PTGA, allowing for a reallocation of these funds under a new grant agreement for Terminal Improvements, and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 4. Bid Award No. 20-069 - AOA Technology Security Improvements Staff recommended approval to award Bid No. 20-069 to AVID Integrators, Inc. d/b/a Security 101 in the amount of $479,986.38 to complete the implementation of the security improvements for the Airports Technology Security Improvements Project and authorization of the Chair to sign the documents as approved the County Attorney. Adopted by Consent Vote S1Page Page 32 of 256 BOCC Regular Meeting Tuesday, December 15, 2020 9:00 AM D. COUNTY ATTORNEY North 2nd Street Reconstruction at Port of Fort Pierce - Fort Pierce Utilities Authority Easement Staff recommended the Board authorize the Chairman to sign the Fort Pierce Utilities Authority Easement and direct staff to record the easement in the public records of St. Lucie County, Florida. Adopted by Consent Vote Request from Finance Director for BOCC Record Destruction Staff recommended the Board approve the destruction of the records as requested. Adopted by Consent Vote Resolution No. 20-287 - Orange Avenue Maintenance Improvement Project - THIS PROJECT IS FUNDED BY THE INFRASTRUCTURE SALES TAX Staff recommended that the Board approve Resolution No. 20-287 as drafted and authorize the Chair to sign the resolution. Item was pulled from the Consent Agenda 4. Revocable License Agreement - Bryn Mawr Wastewater Treatment Plant - North Hutchinson Island - Parcel ID 1410-501-0017-010-5 Staff recommended the Board approve the revocable license agreement, authorize the Chairman to sign the agreement and direct Ocean Resorts Co -Op, Inc. pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote Revocable License Agreement - Melville Road - William Roe and Nadine Roe - Parcel ID 3410-243- 0001-020-8 Staff recommended the Board approve the revocable license agreement, authorize the Chairman to sign the agreement and direct Mr. and Mrs. Roe pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 6. Resolution - Right -of -Way donation on Kitterman Road - St. Lucie Gardens, LLC - Parcel ID 3415- 501-0016-000-6 Staff recommended the Board accept the warranty deed from St. Lucie Gardens, LLC, authorize the Chairman to sign the resolution and direct staff to record the documents in the public records of St. Lucie County, Florida. Adopted by Consent Vote 61Page Page 33 of 256 BOCC Regular Meeting Tuesday, December 15, 2020 9:00 AM 7. First Amendment to July 10, 2018 Fuel Contract with Glover Oil Company, Inc.; and First Amendment to July 10, 2018 Fuel Contract with Palmdale Oil Company, Inc. Staff recommended that the Board approve the proposed first amendments and authorize the Chairman to sign the amendments. Adopted by Consent Vote 8. Revocable License Agreement - 5701 Buchanan Drive - Indian River Estates Unit Two - Robert Dumont - Parcel ID 3402-603-0005-000-9 - Fence Staff recommended that the Board approve the revocable license agreement, authorize the Chairman to sign the agreement and direct Mr. Dumont pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 9. Revocable License Agreement - 6502 Pensacola Road - Lakewood Park - Unit 10 - Gerard Turano - Parcel ID 1301-612-0040-000-8 - Fence Staff recommended that the Board approve the revocable license agreement, authorize the Chairman to sign the agreement and direct Mr. Turano pay to record the agreement in the public records of St. Lucie County, Florida. Adopted by Consent Vote 10. Economic Incentives Resolution - Project Denny Staff recommended the Board approve the proposed resolution as drafted. Peter Tesch, Executive Director, Economic Development Council, along with Jeff Greenwalt, Sansone Group, and Sam Adamson, CMI-Tax Advisor, FedEx Services, presented this item to the Board. Mr. Tesch presented an overview of this item and discussed in detail the following: • Project Location: Legacy Park at Tradition • Project Developer: Sansome Group • Project Denny — FedEx Facility, FedEx Corporate Entity Worldwide, Ground Service Segment, FedEx Ground Sortation Center • Economic Impact Analysis • Capital Investment & Job Performance Incentives Mr. Greenwalt, on behalf of Sansone Group, thanked the Board for the opportunity to come before the County with the FedEx facility application. Mr. Adamson, on behalf of FedEx, thanked the Board for their support on this project. 7 1 PagE Page 34 of 256 BOCC Regular Meeting Tuesday, December 15, 2020 9:00 AM A motion was made to approve staff recommendation and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 4 Frannie Hutchinson SECONDER: Commissioner District 5 Cathy Townsend Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy AYES: Townsend NAYS: None EXCUSED: None E. COMMUNITY SERVICES 1. Treasure Coast Homeless Services Council - Funding Agreement for Housing Hub Pilot Program Staff recommended Board approval of the proposed agreement not to exceed $250,000.00, subject to approval as to legal form and correctness; and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote F. HUMAN RESOURCES 1. Request to Approve Revised Bylaws for Accident Review Committee Staff recommended that the Board approve resolution 20-268 to adopt the revisions to the ARC bylaws to outline the Committee's Responsibilities. Adopted by Consent Vote G. OFFICE OF MANAGEMENT & BUDGET 1. Budget Resolution Recognizing Unanticipated Revenue Staff recommended approval of this agenda item to recognize the funds to amend the budget by $2,793,238.00. Adopted by Consent Vote 2. Removal of Fixed Assets from Inventory Staff recommended Board authorization to remove fixed assets as reflected on the attached property inventory lists from the capital asset inventories of St. Lucie County Board of County Commissioners. Adopted by Consent Vote 81Page Page 35 of 256 BOCC Regular Meeting Tuesday, December 15, 2020 9:00 AM 9 H. PLANNING & DEVELOPMENT SERVICES 1. Drawdy North Header Canal - Final Plat Approval Staff recommended approval of the final plat and authorization for the Chair to sign documents as approved by the County Attorney. Adopted by Consent Vote 2. Waterstone PUD Phase Three - Final Plat for Two -hundred and Sixty-one (261) Single -Family lots Staff recommended the Board approve the Waterstone PUD Phase Three Final Plat and authorize the Chair to sign documents as approved by the County Attorney, conditioned upon approval of a Subdivision Improvement Agreement (SIA) and associated surety for completion of required infrastructure. Adopted by Consent Vote PUBLIC HEARINGS A. OFFICE OF MANAGEMENT & BUDGET 1. Amendment to the Fiscal Year 2020-2021 Budget Jennifer Hill, OMB Director presented this item to the Board. Staff recommended Board approval of budget resolution amending the fiscal year 2020-2021 budget. Chair Dzadovsky opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Dzadovsky closed the public hearing. A motion was made to approve staff recommendation and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 2 Sean Mitchell SECONDER: Commissioner District 5 Cathy Townsend Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy AYES: Townsend NAYS: None EXCUSED: None B. PLANNING & DEVELOPMENT SERVICES 1. Major Adjustment to the Oceanglass Final Planned Unit Development (PUD) Site Plan Bethany Grubbs, Planning Technician, presented this item to the Board. Staff recommended approving the major adjustment to the PUD Site Plan with the conditions of 91Page Page 36 of 256 BOCC Regular Meeting Tuesday, December 15, 2020 9:00 AM approval outlined in Resolution 2020-2021 and authorizing the Chair to sign documents as approved by the County Attorney. Chair Dzadovsky opened the hearing for public comment at this time. The following citizens addressed the Board: • Harvey Alligood • Susan McIntyre This public hearing was Quasi -Judicial and the Commissioners made the following disclosures regarding this item: • Commissioner Townsend - Staff • Commissioner Mitchell - Staff • Commissioner Hutchinson - Staff • Commissioner Bartz - Staff • Commissioner Dzadovsky - Staff and Applicant Recess taken: 10:42 am Reconvened: 10:57 am Upon lengthy discussions amongst the Board, staff and applicant, the Board agreed to the following additional condition for inclusion to the Oceanglass Planned United Development Site Plan: • Removal of Unit No. 14, which will allow for the enlargement of open space area, accommodation of an increased gate turnaround width, and expansion of the drainage retention pond. There being no one else wishing to address the Board, Chair Dzadovsky closed the public hearing. a motion was made to approve staff recommendation with the additional conditions and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 4 Frannie Hutchinson SECONDER: Commissioner District 3 Linda Bartz Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy AYES: Townsend NAYS: None EXCUSED: None 10 1 Page 37 of 256 BOCC Regular Meeting Tuesday, December 15, 2020 9:00 AM C. PUBLIC WORKS 1. Canoe Creek MSBU - Notice of Intent Barbara Guettler, MSBU Coordinator, presented this item to the Board. Staff recommended Board adoption of the special assessment notice of intent resolution for the Canoe Creek Municipal Services Benefit Unit. Chair Dzadovsky opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Dzadovsky closed the public hearing. A motion was made to approve staff recommendation and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 4 Frannie Hutchinson Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy AYES: Townsend NAYS: None EXCUSED: None 2. Hatcher MSBU - Notice of Intent Barbara Guettler, MSBU Coordinator, presented this item to the Board. Staff recommended Board adoption of the special assessment notice of intent resolution for the Hatcher Municipal Services Benefit Unit. Chair Dzadovsky opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Dzadovsky closed the public hearing. A motion was made to approve staff recommendation and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 4 Frannie Hutchinson Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy AYES: Townsend NAYS: None EXCUSED: None 11 I Page 38 of 256 BOCC Regular Meeting Tuesday, December 15, 2020 9:00 AM 3. Lakewood Park 2 MSBU - Notice of Intent Barbara Guettler, MSBU Coordinator, presented this item to the Board. Staff recommended Board adoption of the special assessment notice of intent resolution for the Lakewood Park 2 Municipal Services Benefit Unit. Chair Dzadovsky opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Dzadovsky closed the public hearing. A motion was made to approve staff recommendation and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 3 Linda Bartz Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy AYES: Townsend NAYS: None EXCUSED: None 4. Lakewood Park Drainage MSBU - Notice of Intent Barbara Guettler, MSBU Coordinator, presented this item to the Board. Staff recommended Board adoption of the special assessment notice of intent resolution for the Lakewood Park Drainage Municipal Services Benefit Unit. Chair Dzadovsky opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Dzadovsky closed the public hearing. A motion was made to approve staff recommendation and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 3 Linda Bartz Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy AYES: Townsend NAYS: None EXCUSED: None 12 1 Page 39 of 256 BOCC Regular Meeting Tuesday, December 15, 2020 9:00 AM 5. Culvert MSBU - Notice of Intent Barbara Guettler, MSBU Coordinator, presented this item to the Board. Staff recommended Board adoption of the special assessment notice of intent resolution for the Culvert Municipal Services Benefit Unit. Chair Dzadovsky opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Dzadovsky closed the public hearing. A motion was made to approve staff recommendation and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 4 Frannie Hutchinson Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy AYES: Townsend NAYS: None EXCUSED: None 6. North Hutchinson Island MSBU - Notice of Intent Barbara Guettler, MSBU Coordinator, presented this item to the Board. Staff recommended Board adoption of the special assessment notice of intent resolution for the North Hutchinson Island Municipal Services Benefit Unit. Chair Dzadovsky opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Dzadovsky closed the public hearing. A motion was made to approve staff recommendation and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 4 Frannie Hutchinson Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy AYES: Townsend NAYS: None EXCUSED: None 13 1 Page 40 of 256 BOCC Regular Meeting Tuesday, December 15, 2020 9:00 AM 7. Property Clean-up SAD - Notice of Intent Barbara Guettler, MSBU Coordinator, presented this item to the Board. Staff recommended Board adoption of the special assessment notice of intent resolution for the Property Clean-up Special Assessment District. Chair Dzadovsky opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Dzadovsky closed the public hearing. A motion was made to approve staff recommendation and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 2 Sean Mitchell SECONDER: Commissioner District 3 Linda Bartz Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy AYES: Townsend NAYS: None EXCUSED: None 8. Rainbow Drive 1 MSBU - Notice of Intent Barbara Guettler, MSBU Coordinator, presented this item to the Board. Staff recommended Board adoption of the special assessment notice of intent resolution for the Rainbow Drive 1 Municipal Services Benefit Unit. Chair Dzadovsky opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Dzadovsky closed the public hearing. A motion was made to approve staff recommendation and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 3 Linda Bartz SECONDER: Commissioner District S Cathy Townsend Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy AYES: Townsend NAYS: None EXCUSED: None 9. Rainbow Drive 2 MSBU - Notice of Intent Barbara Guettler, MSBU Coordinator, presented this item to the Board. 141Page Page 41 of 256 BOCC Regular Meeting Tuesday, December 15, 2020 9:00 AM Staff recommended Board adoption of the special assessment notice of intent resolution for the Rainbow Drive 2 Municipal Services Benefit Unit. Chair Dzadovsky opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Dzadovsky closed the public hearing. A motion was made to approve staff recommendation and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 4 Frannie Hutchinson Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy AYES: Townsend NAYS: None EXCUSED: None 10. Rose Lane MSBU - Notice of Intent Barbara Guettler, MSBU Coordinator, presented this item to the Board. Staff recommended Board adoption of the special assessment notice of intent resolution for the Rose Lane Municipal Services Benefit Unit. Chair Dzadovsky opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Dzadovsky closed the public hearing. A motion was made to approve staff recommendation and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 3 Linda Bartz Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy AYES: Townsend NAYS: None EXCUSED: None 11. St. James MSBU - Notice of Intent Barbara Guettler, MSBU Coordinator, presented this item to the Board. Staff recommended Board adoption of the special assessment notice of intent resolution for the St. James Municipal Services Benefit Unit. Chair Dzadovsky opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Dzadovsky closed the public hearing. 151Page Page 42 of 256 BOCC Regular Meeting Tuesday, December 15, 2020 9:00 AM A motion was made to approve staff recommendation and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 2 Sean Mitchell Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy AYES: Townsend NAYS: None EXCUSED: None 12. Taylor Creek MSBU - Notice of Intent Barbara Guettler, MSBU Coordinator, presented this item to the Board. Staff recommended Board adoption of the special assessment notice of intent resolution for the St. James Municipal Services Benefit Unit. Chair Dzadovsky opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Dzadovsky closed the public hearing. A motion was made to approve staff recommendation and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 2 Sean Mitchell SECONDER: Commissioner District 5 Cathy Townsend Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy AYES: Townsend NAYS: None EXCUSED: None 13. Towns Villages and Countryside MSBU - Notice of Intent Barbara Guettler, MSBU Coordinator, presented this item to the Board. Staff recommended Board adoption of the special assessment notice of intent resolution for the TVC Municipal Services Benefit Unit. Chair Dzadovsky opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Dzadovsky closed the public hearing. A motion was made to approve staff recommendation and it passed unanimously. 16 1 P a g Page 43 of 256 BOCC Regular Meeting Tuesday, December 15, 2020 9:00 AM RESULT: APPROVE MOVER: Commissioner District 4 Frannie Hutchinson SECONDER: Commissioner District 2 Sean Mitchell Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy AYES: Townsend NAYS: None EXCUSED: None 14. Treasure Coast Air Park MSBU - Notice of Intent Barbara Guettler, MSBU Coordinator, presented this item to the Board. Staff recommended Board adoption of the special assessment notice of intent resolution for the TCAP Municipal Services Benefit Unit. Chair Dzadovsky opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Dzadovsky closed the public hearing. A motion was made to approve staff recommendation and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 4 Frannie Hutchinson SECONDER: Commissioner District 5 Cathy Townsend Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy AYES: Townsend NAYS: None EXCUSED: None 15. Yates Road MSBU - Notice of Intent Barbara Guettler, MSBU Coordinator, presented this item to the Board. Staff recommended Board adoption of the special assessment notice of intent resolution for the Yates Road Municipal Services Benefit Unit. Chair Dzadovsky opened the hearing for public comment at this time. There being no one wishing to address the Board, Chair Dzadovsky closed the public hearing. A motion was made to approve staff recommendation and it passed unanimously. 17 1 P a g Page 44 of 256 BOCC Regular Meeting Tuesday, December 15, 2020 9:00 AM RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 2 Sean Mitchell Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy AYES: Townsend NAYS: None EXCUSED: None 10. REGULAR AGENDA A. ADMINISTRATION 1. Appointment to the Early Learning Coalition - At -Large Member Vacancy The County Administrator presented this item to the Board. Staff recommended that the Board vote and appoint one at -large member from the attached applications submitted to fill the vacancy on the Early Learning Coalition. Upon consensus by the Board of County Commissioners, Mr. Osvaldo Vasquez was added to the list of applicants to fill the vacancy on the Early Learning Coalition Committee. Upon vote by the Board of County Commissioners, Mr. Vasquez was appointed to the Early Learning Coalition Committee. 2. Appointment to the Treasure Coast Health Council - At -Large Member Vacancy The County Administrator presented this item to the Board. Staff recommended that the Board vote and re -appoint E. Theresa Bramble to fill the provider vacancy on the Treasure Coast Health Council. A motion was made to reappoint E. Theresa Bramble to the Treasure Coast Health Council and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 2 Sean Mitchell Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy AYES: Townsend NAYS: None EXCUSED: None 18 1 Page 45 of 256 BOCC Regular Meeting Tuesday, December 15, 2020 9:00 AM 3. Appointment to the Value Adjustment Board- At -Large Member Vacancy The County Administrator presented this item to the Board. Staff recommended that the Board vote and appoint one member to fill the vacancy on the Value Adjustment Board. Upon vote by the Board of County Commissioners, Mr. Bryan Kelly was appointed to the Value Adjustment Board. 4. Appointment to the Community Development Block Grant Program- Citizen Advisory Task Force - At -Large Member Vacancy The County Administrator presented this item to the Board. Staff recommended that the Board vote and appoint one at -large member to fill the vacancy on the Community Development Block Grant Program Citizen Advisory Task Force. A motion was made to reappoint James Jones to the Community Development Block Grant Program -Citizen Advisory Task Force Council and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 5 Cathy Townsend SECONDER: Commissioner District 2 Sean Mitchell Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy AYES: Townsend NAYS: None EXCUSED: None 5. Appointment to the Land Acquisition Selection Committee At -Large Member Vacancy The County Administrator presented this item to the Board. Staff recommended that the Board vote and appoint one member to fill the vacancy on the Land Acquisition Selection Committee. Upon vote by the Board of County Commissioners, Ms. Alyssa Jordan was appointed to the Land Acquisition Selection Committee. B. COUNTY ATTORNEY 1. Resolution No. 20-285 - Ratification of the Public Safety Director's Declaration of Emergency Extensions - Hurricane Isaias 19 1 Page 46 of 256 BOCC Regular Meeting Tuesday, December 15, 2020 9:00 AM The County Attorney presented this item to the Board. Staff recommended the Board approve Resolution No. 20-250 ratifying the Public Safety Director's August 1, 2020 St. Lucie County Declaration of Emergency, as well as subsequent extensions on November 7, 2020, November 14, 2020, November 21, 2020, and November 28, 2020. A motion was made to approve staff recommendation and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 4 Frannie Hutchinson SECONDER: Commissioner District 3 Linda Bartz Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy AYES: Townsend NAYS: None EXCUSED: None 2. Resolution No. 20-286 - Ratification of the Public Safety Director's Declaration of Emergency Extensions - COVID-19 Public Health Emergency The County Attorney presented this item to the Board. Staff recommended the Board approve Resolution No. 20-242 ratifying extensions to the Public Safety Director's Declaration of Emergency dated November 3, 2020, November 10, 2020, November 17, 2020, and November 24, 2020. A motion was made to approve staff recommendation and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 2 Sean Mitchell SECONDER: Commissioner District 3 Linda Bartz Chris Dzadovsky, Sean Mitchell, Linda Bartz, Frannie Hutchinson, Cathy AYES: Townsend NAYS: None EXCUSED: None C. PARKS & RECREATION 1. Request for Proposal (RFP) No. 20-054, Golf Course and Grounds Maintenance at Fairwinds Golf Course - ITEM PULLED PRIOR TO MEETING Item pulled prior to meeting. 201Page Page 47 of 256 BOCC Regular Meeting Tuesday, December 15, 2020 9:00 AM D. PLANNING & DEVELOPMENT SERVICES Planning and Development Services - Administrative Approval Discussion No formal vote is necessary for this agenda item. The item is presented to the Board for informational purposes only. Leslie Olson, Planning & Development Director presented this item to the Board. She stated the purpose of this monthly administrative approval update is to notify the Board of County Commissioners about the general background of projects that qualified for administrative approval and to inform the citizens of St. Lucie County about information that that would not rise to the level of a formal vote by the Commission. She discussed the following Development Approval projects: • Development Approval - Baron Island Storage • Development Approval - Richard & Lara Smith Residence: Class A Mobile Home • Development Approval - Harry & Shaunesi Maxwell Residence: Class A Mobile Home 11. ANNOUNCEMENTS A. County offices will be closed on Thursday, December 24th and Friday, December 25th in observance of Christmas. B. County offices will be closed on Friday, January 1, 2021 in observance of New Year's day. C. The Board of County Commissioners will hold an Informal meeting on Tuesday, January 12, 2021 at 9am in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. D. The Board of County Commissioners will hold a Regular meeting on Tuesday, January 12, 2021 at 6pm in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. E. The Board of County Commissioners will hold a joint workshop with the City of Fort Pierce and Fort Pierce Utilities Authority on Thursday, January 7, 2021 at 2pm at the Havert L. Fenn Center located at 2000 Virginia Avenue, Fort Pierce, FL. 12. MOTION TO ADJOURN 211Page Page 48 of 256 LUCE AGENDA REQUEST � a ot1�, I ff k v TO: Board of County Commissioners PRESENTED BY: Daniel McIntyre, County Attorney SUBMITTED BY: County Attorney 6.A. PROCLAMATIONS APPROVAL RES-2021-1 DATE: 1/12/2021 *RESOLUTION ITEM - PROCLAMATION SUBJECT: Resolution No. 20-001 - Proclaiming January 18, 2021 as "Rev. Dr. Martin Luther King Jr. Day" in St. Lucie County, Florida BACKGROUND: It has been requested that this Board proclaim Monday, January 18, 2021 as "Rev. Dr. Martin Luther King Jr. Day" in St. Lucie County, Florida. The attached resolution has been drafted for this purpose. RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Daniel McIntyre, County Attorney Coordination/Signatures Date: December 11, 2020 Date: December 14, 2020 Page 49 of 256 Alphonso Jefferson, Deputy County Administrator Page 50 of 256 RESOLUTION NO. 21-XXX ARESOLUTION PROCLAIMING MONDAY, JANUARY 18, 2021 AS "MARTIN LUTHER KING, JR. DAY" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. One hundred years after President Abraham Lincoln issued the Emancipation Proclamation, the great Reverend Dr. Martin Luther King, Jr., took to the steps of the Lincoln Memorial and shared his vision of an America lifted from the "quicksand's of racial injustice to the solid rock of brotherhood." His extraordinary message that momentous day in August of 1963 stirred to action Americans of every race and creed, and it continues to reverberate in the hearts and minds of patriotic citizens across our great land. 2. Today, as we pause to mark the life and legacy of Dr. Martin Luther King, Jr., we recommit ourselves to the advancement of equality and justice for all Americans, and to the full realization of his worthy dream. We have made great strides, but we acknowledge that more work must be done for, in the words of Dr. King, "justice to roll down like waters and righteousness like a mighty stream." United as one American family, we will not rest — and we will never be satisfied — until the promise of this great Nation is accessible to each American in each new generation. 3. More than half a century after Dr. King's March on Washington for Jobs and Freedom, our Nation is mindful of its past, and we look forward to the future with unwavering optimism, inspired by the legacy of Dr. King and informed by his wisdom and vision. May the memory of Dr. Martin Luther King, Jr., and the efforts we have made to fully effectuate his dream, remind us that faith and love unite us together as one great American family. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim Monday, January 18, 2021 as "MARTIN LUTHER KING, JR. DAY" in St. Lucie County, Florida. 2. This Board also encourages all residents to recommit themselves to Dr. King's dream by engaging in acts of service to others and to their community. PASSED AND DULY ADOPTED this 12th day of January 2021. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO FORM & CORRECTNESS: COUNTY ATTORNEY Page 51 of 256 12/11/20 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #11- 05-DEC-2020 TO 11-DEC-2020 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 623,917.08 767,497.24 001457 FCTD Planning Grant 0.00 465.94 001481 FDOT FLEX ROUTE SFY2019 0.00 313.69 001482 FDOT 25th St Route SFY2019 0.00 209.13 001487 FCTD Planning Grant Agreement 0.00 185.03 001489 FCTD Direct Connect Svc -Inn. Dev 14,719.94 0.00 001490 FCTD Advantage Ride Svc -Innovation 5,529.72 0.00 001585 CSBG 2017 1,000.00 3,855.55 001619 DHS EMPG-Supplement-COVIDI9 7,364.00 0.00 001620 NOAA NAAEE Watershed Ed. Grant 390.00 0.00 001622 US Dept. of Treasury CARES Act 666,970.48 16,428.86 001623 FHA Section 112/MPO/FHWA Planning 67.99 11,188.17 001624 FHA Surface Transportation Block Gr 0.00 2,350.85 001834 TCERDA 5,570.37 2,498.46 001835 Artificial Reef Program 0.00 2,156.80 101 Transportation Trust Fund 77,847.50 146,986.75 101001 Transportation Trust Interlocals 0.00 1,855.32 102 Unincorporated Services Fund 14,777.44 75,823.38 102001 Drainage Maintenance MSTU 22,315.16 28,210.88 107 Fine & Forfeiture Fund 190,429.00 236,436.75 107001 Fine & Forfeiture Fund -Wireless Sur 527.01 8,373.86 107002 Fine & Forfeiture Fund-E911 Surchar 0.00 5,540.10 107003 Fine & Forfeiture Fund-800 Mhz Oper 2,543.93 0.00 107006 F&F Fund -Court Related Technology 28,204.56 14,031.78 130 SLC Public Transit MSTU 175.35 0.00 130135 FTA 5339 Bus Shelter Maintenance 243,864.00 0.00 130136 FFY19 5307 Operating & Capital Assi 240,000.00 0.00 130241 FDOT FY20 Lakewood Park Corridor -Tr 0.00 522.81 140 Airport Fund 12,356.02 18,281.24 140001 Port Fund 8,756.64 7,654.40 140405 FDEP Taylor Creek Restoration Proje 8,500.00 0.00 160 Plan Maintenance RAD Fund 25,466.35 4,840.00 181 SLC Housing Finance Authority Fund 500.00 0.00 183 Ct Administrator-19th Judicial Cir 2,849.39 5,217.07 183001 Ct Administrator-Arbitration/Mediat 100.00 0.00 183006 Guardian Ad Litem Fund 14,954.38 0.00 183100 DOJ BJA FY19 Adult Drug Discretiona 3,050.00 0.00 185020 SHIP 2019/2020 0.00 496.00 185098 FHFC Coronavirus Relief Fund 149,269.34 3,524.43 189116 St. Lucie HOME Consortium FY 2019 37,485.65 1,552.31 190 Sports Complex Fund 54,029.97 25,552.50 191 SLC Sustainability District 8.39 0.00 216 County Capital I&S 2,404.00 0.00 310006 Impact Fees -Transportation 147,102.86 0.00 310007 Impact Fees -Library "B" 812.58 0.00 310008 Impact Fees -Parks "B" 4,143.70 0.00 316001 5th Cent Fuel -Capital 19,191.12 0.00 319 Infrastructure Surtax Capital 120,300.92 0.00 108 Page 52 of 256 12/11/20 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #11- 05-DEC-2020 TO 11-DEC-2020 FUND SUMMARY FUND TITLE 401 Sanitary Landfill Fund 418 Golf Course Fund 471 Water & Sewer District Operations 491 Building Code Fund 505 Health Insurance Fund 505001 Risk Management Fund 611 Tourist Development Trust-Adv Fund 630 Medical Examiner Agency Fund 801 Bank Fund EXPENSES 168,948.54 40.00 273,632.12 7,157.70 163,101.88 323.75 5,341.83 14,680.87 90,844.43 PAGE 2 PAYROLL 127,938.76 22,733.44 23,986.76 67,526.55 6,378.64 6,133.44 8,206.47 46,558.80 0.00 GRAND TOTAL: 3,481,565.96 1,701,512.16 109 Page 53 of 256 12/18/20 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #12- 12-DEC-2020 TO 18-DEC-2020 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 500,619.84 0.00 001475 Western Union Grant 1,158.83 0.00 001481 FDOT FLEX ROUTE SFY2019 7,344.40 0.00 001482 FDOT 25th St Route SFY2019 21,522.82 0.00 001488 FCTD Dialysis -Innovation -Service 13,635.56 0.00 001489 FCTD Direct Connect Svc -Inn. Dev 6,173.59 0.00 001490 FCTD Advantage Ride Svc -Innovation 2,582.40 0.00 001585 CSBG 2017 6,931.14 0.00 001613 FDOT US1 Frequency Improvement 26,200.03 0.00 001614 FDOT FTA 5311 FY 2020 4,688.85 0.00 001615 HUD Continuum of Care Grant Agreeme 8,843.70 0.00 001616 HUD Continuum of Care Chronic 10,915.00 0.00 001617 Continuum of Care Family 5,668.00 0.00 001619 DHS EMPG-Supplement-COVIDI9 24.05 0.00 001620 NOAA NAAEE Watershed Ed. Grant 120.00 0.00 001621 HHS/FDEO CSBG FFY2020 9,369.04 0.00 001622 US Dept. of Treasury CARES Act 1,644,407.77 0.00 001623 FHA Section 112/MPO/FHWA Planning 41,131.67 0.00 001624 FHA Surface Transportation Block Gr 1,140.00 0.00 001625 Vounteer Florida Riverlution FY2021 475.00 0.00 001834 TCERDA 4,054.80 0.00 001835 Artificial Reef Program 64.95 0.00 101 Transportation Trust Fund 78,720.01 0.00 101001 Transportation Trust Interlocals 62.89 0.00 102 Unincorporated Services Fund 16,414.55 0.00 102001 Drainage Maintenance MSTU 9,845.68 0.00 104003 Hurricane Frances Donations 3,338.66 0.00 107 Fine & Forfeiture Fund 135,587.55 0.00 107001 Fine & Forfeiture Fund -Wireless Sur 11,394.37 0.00 107003 Fine & Forfeiture Fund-800 Mhz Oper 179.68 0.00 107005 F&F Fund -Legal Aid 10,163.50 0.00 107006 F&F Fund -Court Related Technology 7,943.83 0.00 111 River Park I Fund 3,557.78 0.00 115 Sheraton Plaza Fund 588.90 0.00 129 Parks MSTU Fund 7,766.00 0.00 130 SLC Public Transit MSTU 90,846.38 0.00 130133 FFY18 5307 Operating and Capital As 90,640.20 0.00 130136 FFY19 5307 Operating & Capital Assi 120,853.59 0.00 130137 FTA 5311 SFY2020 CARES Act 21,869.29 0.00 130138 FTA FFY 20 CARES Act -Sec 5307 107,227.71 0.00 130238 FCTD Trip & Equipment SFY2021 54,602.09 0.00 130241 FDOT FY20 Lakewood Park Corridor -Tr 16,687.77 0.00 140 Airport Fund 13,440.50 0.00 140001 Port Fund 63,244.36 0.00 140405 FDEP Taylor Creek Restoration Proje 250.00 0.00 160 Plan Maintenance RAD Fund 182.69 0.00 183 Ct Administrator-19th Judicial Cir 3,260.86 0.00 183001 Ct Administrator-Arbitration/Mediat 80.00 0.00 122 Page 54 of 256 12/18/20 ST. LUCIE COUNTY - BOARD PAGE 2 FZABWARR WARRANT LIST #12- 12-DEC-2020 TO 18-DEC-2020 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 183004 Ct Admin.- Teen Court 20,000.00 0.00 185097 Coronavirus Relief Fund Ft. Pierce 13,498.98 0.00 185098 FHFC Coronavirus Relief Fund 42,510.24 0.00 187 Boating Improvement Projects 633.07 0.00 189115 St Lucie Home Consortium M18 35,251.40 0.00 190 Sports Complex Fund 24,444.75 0.00 310001 Impact Fees -Library 1,053.36 0.00 310006 Impact Fees -Transportation 22,262.40 0.00 310007 Impact Fees -Library "B" 813.00 0.00 316001 5th Cent Fuel -Capital 32,688.75 0.00 318 County Capital -Transportation Bond 186.00 0.00 319 Infrastructure Surtax Capital 57,356.60 0.00 324802 FIND-Fishermans Wharf Bulkd Constr 52,823.26 0.00 363 Sports Complex Capital Project Fund 2,534,112.87 0.00 382 Environmental Land Capital Fund 37.00 0.00 401 Sanitary Landfill Fund 391,775.41 0.00 418 Golf Course Fund 44,986.93 0.00 471 Water & Sewer District Operations 10,785.02 0.00 478 Water & Sewer District R&R 2,485.52 0.00 491 Building Code Fund 6,622.51 0.00 505 Health Insurance Fund 485,106.42 0.00 505001 Risk Management Fund 13,879.23 0.00 611 Tourist Development Trust-Adv Fund 1,104.48 0.00 630 Medical Examiner Agency Fund 12,889.95 0.00 650 Agency Fund 113,279.49 0.00 801 Bank Fund 3,467.39 0.00 GRAND TOTAL: 7,109,874.31 0.00 123 Page 55 of 256 12/23/20 FZABWARR FUND TITLE 001 001481 001482 001490 001585 001606 001615 001620 001622 001623 001624 001625 001834 001835 101 101001 102 102001 103 104003 107 107001 107002 107006 113 114 116 117 119 123 127 128 129 130 130240 130241 136 138 140 140001 160 183 183100 185097 185098 189116 190 194 General Fund ST. LUCIE COUNTY - BOARD WARRANT LIST #13- 19-DEC-2020 TO 23-DEC-2020 FUND SUMMARY FDOT FLEX ROUTE SFY2019 FDOT 25th St Route SFY2019 FCTD Advantage Ride Svc -Innovation CSBG 2017 Metropolitan Planning/Sec. 5305d HUD Continuum of Care Grant Agreeme NOAA NAAEE Watershed Ed. Grant US Dept. of Treasury CARES Act FHA Section 112/MPO/FHWA Planning FHA Surface Transportation Block Gr Vounteer Florida Riverlution FY2021 TCERDA Artificial Reef Program Transportation Trust Fund Transportation Trust Interlocals Unincorporated Services Fund Drainage Maintenance MSTU Law Enforcement MSTU Hurricane Frances Donations Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar F&F Fund -Court Related Technology Harmony Heights 3 Fund Harmony Heights 4 Fund Sunland Gardens Fund Sunrise Park Fund Holiday Pines Fund Queens Cove Lighting Dist#13 Fund Pine Hollow Street Lighting MSTU Kings Hwy Industrial Park Lighting Parks MSTU Fund SLC Public Transit MSTU FDOT Block Grant FY 2020 FDOT FY20 Lakewood Park Corridor -Tr Monte Carlo Lighting MSTU#4 Fund Palm Lake Gardens MSTU Fund Airport Fund Port Fund Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir DOJ BJA FY19 Adult Drug Discretiona Coronavirus Relief Fund Ft. Pierce FHFC Coronavirus Relief Fund St. Lucie HOME Consortium FY 2019 Sports Complex Fund S Hutch Beach Erosion MSTU Fund EXPENSES 5,219,775.69 1,500.00 0.00 984.83 0.00 0.00 0.00 645.00 786,567.23 901.62 0.00 1,000.00 7,457.30 0.00 15,995.11 0.00 29,319.76 11,560.16 26,773.25 106.00 3,219,701.93 0.00 0.00 2,523.08 251.07 616.91 694.99 154.77 840.14 406.09 534.12 645.12 17,103.75 9, 601.75 227.50 0.00 2,483.92 336.44 2,443.18 0.00 0.00 0.00 1,425.00 16,100.00 39,527.04 0.00 2,353.31 5,000.00 PAGE PAYROLL 702,654.51 313.50 209.02 0.00 3,501.51 3,261.48 97.73 0.00 21,475.05 9,077.89 2,057.90 0.00 2,498.46 2,156.80 148,154.42 1,864.32 77,356.58 26,740.32 0.00 0.00 202,786.54 7,545.69 4,377.88 14,182.30 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 522.52 0.00 0.00 16,996.10 7,804.40 4,489.60 5,217.07 0.00 0.00 2,753.78 1,690.69 25,844.77 0.00 102 Page 56 of 256 12/23/20 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #13- 19-DEC-2020 TO 23-DEC-2020 FUND SUMMARY FUND TITLE 310001 Impact Fees -Library 310007 Impact Fees -Library "B" 316204 FDEP SLC Becker Ten Mile 324100 EDA - Airport Expansion MRO 324200 FDOT - Airport Expansion MRO 362 Sports Complex Improv Fund 401 Sanitary Landfill Fund 418 Golf Course Fund 471 Water & Sewer District Operations 479 Water & Sewer Dist. -Cap Facilities 491 Building Code Fund 505 Health Insurance Fund 505001 Risk Management Fund 611 Tourist Development Trust-Adv Fund 630 Medical Examiner Agency Fund 801 Bank Fund EXPENSES 65.55 662.07 2,270.00 83,136.47 230,876.10 4,010.00 18,112.56 1,129.17 290,500.74 2,118.75 5, 998.40 1, 216, 653. 15 189.00 0.00 3,644.32 65,016.38 PAGE 2 PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 121,950.60 23,148.25 23,986.76 0.00 69,395.70 6,408.64 6,133.44 8,206.47 45,865.97 0.00 GRAND TOTAL: 11,349,938.72 1,600,726.66 103 Page 57 of 256 12/31/20 FZABWARR FUND TITLE 001 001489 001490 001622 001623 001624 001834 101 102 102001 104003 107 107001 107003 107006 129 140 140403 160 183 183001 183006 184235 185098 187 190 310001 310007 324200 401 418 471 478 479 491 505 505001 611 630 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #14- 24-DEC-2020 TO 31-DEC-2020 FUND SUMMARY General Fund FCTD Direct Connect Svc -Inn. Dev FCTD Advantage Ride Svc -Innovation US Dept. of Treasury CARES Act FHA Section 112/MPO/FHWA Planning FHA Surface Transportation Block Gr TCERDA Transportation Trust Fund Unincorporated Services Fund Drainage Maintenance MSTU Hurricane Frances Donations Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology Parks MSTU Fund Airport Fund FDOT Logistics Zone Study Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Guardian Ad Litem Fund Ft Pierce Beach Shore Protection Pr FHFC Coronavirus Relief Fund Boating Improvement Projects Sports Complex Fund Impact Fees -Library Impact Fees -Library "B" FDOT - Airport Expansion MRO Sanitary Landfill Fund Golf Course Fund Water & Sewer District Operations Water & Sewer District R&R Water & Sewer Dist. -Cap Facilities Building Code Fund Health Insurance Fund Risk Management Fund Tourist Development Trust-Adv Fund Medical Examiner Agency Fund Bank Fund GRAND TOTAL: EXPENSES 103,031.84 6,066.01 917.83 544,591.73 625.00 12,682.59 1,382.23 15,482.47 1,859.42 8,763.80 1,805.96 50,381.45 15,000.00 3,216.19 4,047.79 67,711.25 10,305.77 3,372.28 7.38 2,403.13 80.00 1.99 32,106.28 6,169.14 10,114.00 50,850.01 369.15 7,674.44 3,304.67 314,954.16 6,872.40 197,661.09 12,573.21 87,963.75 4,869.05 51,243.59 19,877.60 38.12 2,974.46 3,368.81 1,666,720.04 PAGE 1 PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3,298.40 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3,298.40 51 Page 58 of 256 r LucE AGENDA REQUEST 0 TO: Board of County Commissioners PRESENTED BY: Kelly Phelan SUBMITTED BY: County Administration SUBJECT: Appointment to the Housing Finance Authority BACKGROUND: 8.B.1. 2020-51116 CONSENT AGENDA - ADMINISTRATION DATE: 1/12/2021 *ACTION ITEM - BOARD APPOINTMENT There is currently a vacancy on the Housing Finance Authority for the District two seat. Commissioner Mitchell has selected Michael Blake Combs to represent him. The Board Liaison has reviewed Mr. Combs application to ensure he meets the minimum qualifications to serve. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board vote to ratify the appointment of Michael Blake Combs as Commissioner Mitchell's representative on the Housing Finance Authority. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None Page 59 of 256 (EXCUSED: None I Coordination/Signatures Date: December 10, 2020 Daniel McIntyre, County Attorney r Date: December 11, 2020 Howard Tipton, County Administrator Page 60 of 256 r St, Lucie County Board of County Commissioners Application for Serving on County Boards and Committees Thank you for applying for a position on one of St, Lucie County's advisory boards and committees. The minimum requirements for committee membership are as follows: 1. Must be county resident, 2. Must not be related to a county commissioner or county employee involved with the committee of Interest or the supporting department, 3, Must not be employed by the same business entity as a county commissioner or other committee members, 4. Must not serve on more than two county advisory committees. Note: Some committees have additional requirements; please Inquire when submitting this application. In addition, service on quasi -Judicial boards may require financial disclosure, Please complete the following information: 1. Name: Michael Blake combs 2, Home Phone: Cell Phone, 661-398-3477 Work Phone: E-mall:b combs23@yahoo.com, blakecombs1983@gmall,com 3. Home Address: 407 SW Locust Cove, Port Saint Lucie, FL 34986 4, Current Employer/Occupatlon: St, Lucie County School Dlstriot, Teacher, Treasure Coast High School 5. Business Address: 6. Brief summary of education & work experience: (Please attach resume If available) I have worked as a teacher In Palm 13eaoh and SI, Lucie counties for the past 12 years, In addition, my wire and I own a small Import and wholesale business we operate here In St. Lucie county, I also have my real estate license but haven't activated It yet, 7. Do you currently serve on any city or county committee(s)? If so, please list: No 8, Other current volunteer activities: N/A 9. Why do you wish to serve on the committees) indicated? I wish to become more of an aclice member of my community. I have two small children, and I would like to do my part to make sure the community thrives. lo, Are you currently a registered voter In St. Lucie County? ® Yes 0 No if yes, have you been registered for at least two years preceding this application? [✓ Yes M No 11, Are you currently a St, Lucie Countv resident? n Yes n No If ves, for how lone?1 year Page 61 12. Are you part of a protected class that requires that your personal Information be redacted from public view? [--J Yes F✓ No 13. Except for noncriminial traffic Infractions, have you ever been convicted of, or pled guilty or "no contest" to, a crime, whether or not adjudication was withheld? (Q Yes ,7 No 14. Are you currently charged with a crime, other than noncriminal traffic infractions? E-1 Yes [�✓ No ,Adjudication withheld or prosecution deferred? 0 Yes [-✓ No If yes to any of above, please provide the following information: OFFENSE DATE PLACE CITY, STATE) SENTENCE AND/OR FINE A conviction does not necessarily disqualify you from consideration. Factors such as age at time of violation, nature of violation, etc., will be considered. Under penalty of perjury, I declare that I have read the foregoing and the facts as I have stated are true. Signature Date 07/19/2019 Please identify the committee/board of your choice: E1 Affordable Housing Advisory Committee E1 Board of Adjustments (quasi-judicial) • Citizen's Budget Committee El Code Enforcement Board (quasi-judicial) p Community Development Block Grant EI Comprehensive Economic Development Strategy • Contractors Examining Board CI Early Learning Coalition SLC E1 Emergency Medical Services Advisory Council EI Historical Commission Ci Housing Finance Authority E l Infrastructure Surtax Oversight Committee El Internal Audit Advisory Committee (Clerk of the Court) 0 Investment Commlttee C1 Library Advisory Board EI Planning & Zoning Commission (quasi-judicial) 0 Public Safety Coordinating Council E1 Port of Ft. Pierce Advisory Committee ❑ Sustalnabillty Advisory Committee EI Tourist Development Council E) Treasure Coast Education & Research Dev, Authority 17 Treasure Coast Health Council, Inc. I Value Adjustment Board (quasi-judicial) EI Children Services Council (separate application) APPLICATION WILL REMAIN EFFECTIVE FOR ONE YEAR Submit to: St. Lucie County Administrator's Office, Kelly Phelan 2300 Virginia Avenue, Fort Pierce, FL 34982 Phone: (772) 462-1156 Fax: 772-462-2131 J ( i L Email: phelank@stiucleco.org Website: www.stiucieco.gov/boards Received Commission District Page 62 of 256 WAKE COMBS 407 SW Locust Cove, Port Saint Lucie, FL 34986 (561) 398-3477 b combs23@yahoo.com A7HL0riC DIROC7`OR — P,C r ACHOR High Energy Athletic Director with 8 years of experience in managing an Athletic Department. Specializing in managing staff, volunteers, and raising money to improve facilities. KZY SKILL SITS Account Management - Customer Service - Account Expansion - Vendor Coordination - Managing Staff - Increasing Efficiency and Effectiveness PROP'I SSIONAL, I.XPZR1l5NC]E~ August 2018- Present, HOPE Teacher/Treasure Coast High School 1000 SW Darwin Blvd., Port Saint Lucie, FL 34953 (772) 807-4300 • Document daily attendance, grades and behavior of my students, • Organize students daily in a way that Is safe and gives them the best opportunity to achieve daily goals. • Design each class to meet the learning level of all participants. August 2009- August 2018, Athletic Director/Polo Park Middle School 11901 Lake Worth Road, Wellington, FL 33449 (661) 333-5539 • Managed existing accounts and channels to successfully raise an average of $10,000 per year in advertising sales. • Raised over $80,000 in total over the last 8 years through advertising sales and fundraising, • Streamlined the vendor selection process by allowing professionals of Individual sports to provide bids that would ensure our facilities and equipment would be a model for the rest of the county. • Managed a staff of 10 coaches and countless volunteers to ensure everyone was In compliance with school district policies. • Coordination of schedules and communication with other Athletic Directors in our region. • Responsible for overseeing the athletic budget each year and making sure each student athlete and coach had everything they needed to be successful. • Implemented an annual golf scramble benefitting our Athletic Department. This golf scramble raised over $40,000 for our student athletes over the course of 5 years. Page 63 of 256 • Was responsible for venue selection, sponsorship, event operations In coordination with the venue, donations, and catering for the golf scramble • Coached Polo Pariz Boys Soccer for 6 years, The soccer team was very successful under my coaching. • Coached Girls Tracks for 4 years prior to taming new position, Girls track team won its 11t ever Regional Championship under my coaching in 2017. In addition, the girls won the "Wellington Cup" two consecutive years for the 11t time. • Helped other coaches as needed with tryouts, etc. January 2009- July 2009, Education Day Coordinator/Minor League Intern, Roger Dean Stadium 4761 Main Street, Jupiter, FL 33417 (661)630-1838 • Increased tichet sales by 50% from the previous year while running a program called "Education Days" • Managed existing sales accounts and met sales goals set forth by the General Manager by upselling customers to upgraded ticket packages and luxury suites for Spring Training and Florida State League baseball games. • Manage a team of 5 interns during Florida State League home games • Assisted General Manager with baseball duties daily for both minor league teams and major league teams during Spring Training, January 2007 — January 2009, Pro Shop Assistant Manager, Sheltowee Trail Golf and Country Club 1200 Clearfork North, Morehead, KY 40361 Planned and Implemented 2 annual golf tournaments. Responsible for the front office which included taping payments, customer service, and inventory. Assisted in event planning in the banquet hall located upstairs. My primary focus was logistics and customer service. ]1 OUCATION: Spring 2oo8, Morehead State University, Morehead, KY Graduated wJth Bachelor's ,Degree in Sport Management CI.RTIF'ICATIONS: • In the process of becoming a CAA or Certified Athletic Administrator through the NIAAA. The NIAAA is the National Interscholastic Athletic Administrators Association. My application is pending. • Florida Educators Certificate In Physical Education Page 64 of 256 n MF'!E~RP.NIMS: • Dr. )on Prince — Deputy Superintendent: Saint Lucie County School District 561-602-8151-- Jonathon.prince@stlucieschools.org • Melissa Kaliser -- Vice President of the Palm Beach School Administrators Association, Vice Principal Crestwood Middle School 561-561-632-1119 — Melissa.lgaliser@palmbeachschools.org • -Susan Seal — Principal, Treasure Coast High School Susan.seal@stlucieschools.org • Barbara Busutil -- Phycial budation Department Head, Treasure Coast High School 678-908-6779 — Barbara.busutll@stlucieschools.org Page 65 of 256 r LucE AGENDA REQUEST 0 TO: Board of County Commissioners PRESENTED BY: Kelly Phelan SUBMITTED BY: County Administration 8.B.2. 2021-51515 CONSENT AGENDA - ADMINISTRATION DATE: 1/12/2021 *ACTION ITEM - BOARD APPOINTMENT SUBJECT: Sheriff's Appointment to the Citizen's Budget Committee BACKGROUND: There is currently a vacancy for the Sheriff's representative on the Citizen's Budget Committee. The Sheriff is requesting the Board of County Commissioners ratify their appointment of Stephen Reuther to the committee. The Board Liaison has reviewed his application to ensure he meets the minimum qualifications to serve. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board vote to ratify the appointment of Stephen Reuther on behalf of the Sheriff to the Citizen's Budget Committee. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None Page 66 of 256 AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: December 21, 2020 Jennifer Hill, Office of Management & Budget Director wi'?' Date: December 21, 2020 Daniel McIntyre, County Attorney Date: January 06, 2021 Howard Tipton, County Administrator Page 67 of 256 CountySt. Lucie Board of County Commissioners Application for on County Boardsf Committees Thank you for applying for a position on one of St. Lucie County's advisory boards and committees. The minimum requirements for committee membership are as follows: 1. Must be county resident. 2. Must not be related to a county commissioner or county employee involved with the committee of interest or the supporting department. 3. Must not be employed by the same business entity as a county commissioner or other committee members. 4. Must not serve on more than two county advisory committees. Note: Some committees have additional requirements; please inquire when submitting this application. In addition, service on quasi-judicial boards may require financial disclosure. Please complete the following information: 1. Name:Stephen Reuther 2. Home Phone: Confidential Cell Phone: Confidental Work Phone: N/A/ E-mail:Confidental 3. Home Address: Confidential 4. Current Employer/Occupation: Retired/Law Enforcement 5. Business Address: 6. Brief summary of education & work experience: (Please attach resume if available) See attached resume 7. Do you currently serve on any city or county committee(s)? If so, please list: None 8. Other current volunteer activities: None 9. Why do you wish to serve on the committee(s) indicated? I am retired command staff executive from the Sheriffs Office. By serving on this committee, , it will allow me to to continue to serve the citizens of Saint Lucie County, which I can share my knowledge and input. 10, Are you currently a registered voter in St. Lucie County? Yes = No If yes, have you been registered for at least two years preceding this application? ✓ Yes = No 11 ®ra vni i rt irrantly a rt I i irin f nnnty raeirlant? I ✓71 Yac F_l Kin If vac fnr hrnnr Inna? Page 68 of 256 12. Are you part of a protected class that requires that your personal information be redacted from public view? Yes No 13. Except for noncriminial traffic infractions, have you ever been convicted of, or pled guilty or "no contest" to, a crime, whether or not adjudication was withheld? Yes ✓ No 14. Are you currently charged with a crime, other than noncriminal traffic infractions? ® Yes Q No Adjudication withheld or prosecution deferred? ®Yes ✓ No If yes to any of above, please provide the following information: A conviction does not necessarily disqualify you from consideration. Factors such as age at time of violation, nature of violation, etc., will be considered. Under penalty of perjury, I declare that I have read the foregoing and the facts as I have stated are true. Signature Date Please identify the committee/board(s) of your choice: ❑ Affordable Housing Advisory Committee ❑ Art In Public Places ❑ Board of Adjustments (quasi-judicial) 0 Citizen's Budget Committee ❑ Code Enforcement Board (quasi-judicial) ❑ Community Development Block Grant ❑ Comprehensive Economic Development Strategy ❑ Contractors Examining Board ❑ Early Learning Coalition SLC ❑ Emergency Medical Services Advisory Council ❑ Historical Commission ❑ Housing Finance Authority ❑ Infrastructure Surtax Oversight Committee Staff Use: ❑ Internal Audit Advisory Committee (Clerk of the Court) ❑ Investment Committee ❑ Land Acquisition Selection Committee ❑ Library Advisory Board ❑ Planning & Zoning Commission (quasi-judicial) ❑ Public Safety Coordinating Council ❑ Port of Ft. Pierce Advisory Committee ❑ Sustainability Advisory Committee ❑ Tourist Development Council ❑ Treasure Coast Education & Research Dev. Authority ❑ Treasure Coast Health Council, Inc. ❑ Value Adjustment Board (quasi-judicial) ❑ Children Services Council (separate application) WEBSITE BELOW FOR MORE INFORMATION. Applications may be submitted via e-mail or regular mail: St. Lucie County Administration, Attention: Kelly Lang 2300 Virginia Avenue, Fort Pierce, FL 34982 Phone: (772) 462-1156 Fax: 772-462-2131 Email: Langk@stlucieco.org Website: www.stiucieco.gov/boards Received I ` as Confirmed Receipt Page 69 of 256 Education: Barry University, Miami Springs, Florida Master of Public Administration-2012 Barry University, Miami Springs, Florida Bachelor of Professional Studies-2000 Indian River State College, Fort Pierce, Florida Associate of Science Degree-1991 Professional Training: Federal Bureau of Investigation Law Enforcement Executive Development Seminar, (LEEDS), Quantico, Virginia-2009 Senior Management Institute for Police, (SMIP), Boston, Massachusetts-2007 Federal Bureau of Investigation National Academy, Graduate of 214th session, Quantico, Virginia-2003 Northwestern University, School of Police Staff and Command, Graduate of 89th Session, Evanston, Illinois-1995 Professional Experience: 09/91-Present Indian River State College Fort Pierce, Florida Adjunct Faculty Member Teaching Advanced Law Enforcement Training Classes 09/06-09/13 Saint Lucie County Sheriff's Office Fort Pierce, Florida (Retired) Major -Department of Administration 01/03-09/06 Saint Lucie County Sheriff's Office Fort Pierce, Florida Captain -Criminal Investigation Division 01/01-01/03 Saint Lucie County Sheriffs Office Fort Pierce, Florida Captain -Uniform Patrol Division 07/98-01/01 Saint Lucie County Sheriffs Office Fort Pierce, Florida Lieutenant -Uniform Patrol Division 01/93-07/98 Saint Lucie County Sheriff's Office Fort Pierce, Florida Sergeant -Training Unit 01/85-01/93 Saint Lucie County Sheriff's Office Fort Pierce, Florida Detective -Criminal Investigation Division 09/81-01/85 Saint Lucie County Sheriff's Office Fort Pierce, Florida Patrol Deputy -Uniform Patrol Division Page 70 of 256 Professional Affiliations: Federal Bureau of Investigation National Academy Associates Federal Bureau of Investigation Law Enforcement Executive Development Association Awards: 02/19/96 Saint Lucie County Sheriff's Office, Exceptional Duty Award. 07/18/92 Saint Lucie County Sheriff's Office, Commendation Certificate. 04/20/91 Saint Lucie County Sheriffs Office, Unit Citation. 09/12/90 Saint Lucie County Sheriff's Office, Honorable Service. 03/10/90 Saint Lucie County Sheriff's Office, Detective Of The Quarter. 01/21/88 Saint Lucie County Sheriff's Office, Unit Citation. References: Furnished upon request. Page 71 of 256 Kelly Lang Subject: FW: CBC recommendation for St. Lucie County Sheriff's Office From: Dorothy Shaw Sent: Monday, December 7, 2020 2:24 PM To: 'Brenda Marlin' <marlinb@stlucieco.org> Cc: Tammy Schwab <SchwabT@stluciesheriff.com> Subject: RE: CBC Hello and good afternoon Brenda: Sheriff Mascara is recommending retired Major Steve Reuther from our office to be our appointee for the Sheriff's Off ice to the CBC. Steve Reuther has agreed to be a member if approved by B.O.C.C. y,oC,1E COO �v4 Administrative Assistant I Office of the Sheriff St. Lucie County Sheriff's Office 4700 West Midway Road I Fort Pierce, FL 34981 Office: (772) 462-3205 1 Fax: (772) 489-5851 dorothys@stluciesheriff.com I www.stluciesheriff.com 1 Page 72 of 256 L11(1 11 1� U 1 0 D Al AGENDA REQUEST LUCE AGENDA REQUEST 0 L� Q 0 D �'1 TO: Board of County Commissioners PRESENTED BY: Murriah Dekle, Transit Division Director SUBMITTED BY: Community Services 8.C.1. RES-2021-2 CONSENT AGENDA - COMMUNITY SERVICES DATE: 1/12/2021 *RESOLUTION ITEM - GRANT ACCEPTANCE QUASI-JUDICIAL ITEM? NO SUBJECT: Authorization Resolution - FY21 Block Grant FDOT (Florida Department of Transportation) BACKGROUND: The State Public Transit Block Grant Program was enacted by the Florida Legislature to provide a stable source of funding for public transit. The grant funds are provided to the states and then distributed by the Florida Department of Transportation (FDOT) and can be used over a five-year period for capital and operating expenses. Each funding year, a new grant agreement is allocated for funding in the new state fiscal year. The FDOT funds allocated for FY21 (year -two) is $694,957, requiring a local match of $694,957 that will be provided by the Transit Municipal Services Taxing Unit (MSTU). The total project cost is $1,389,914. Funds from this allocation will be used for operating and capital expenditures that qualify under the Public Transportation Grant Agreement. PREVIOUS ACTION: Previous award was accepted by the Board on 11/5/19. Previous fund # is 130240. FINANCIAL IMPACT: Page 73 of 256 The total project cost is $1,389,914.00. The FDOT amount is $694,957.00 and the local match is $694,957.00. The budget will increase by $694,957.00. RECOMMENDATION: Staff recommends Board approval of the FY21 FDOT Block Grant (FM# 407187-3-84-01) authorizing resolution and permission for the Chair to sign all applicable documents as approved by the County Attorney. The total project cost is $1,389,914.00. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures ,(,h'�,w C Inl9-y� Diana Wesloski, Community Services Director Date: December 14, 2020 Date: December 15, 2020 Jennifer Hill, Office of Management & Budget Director Date: December 15, 2020 Daniel McIntyre, County Attorney Date: December 15, 2020 Alphonso Jefferson, Deputy County Administrator Page 74 of 256 RESOLUTION NO. 21- A RESOLUTION ACCEPTING THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT (FINANCIAL PROJECT NO. 407187-3-84-01) TO PROVIDE FUNDING ASSISTANCE TO ST. LUCIE COUNTY FOR PUBLIC TRANSPORTATION OPERATING SERVICES AND AUTHORIZING THE CHAIR TO EXECUTE THE AGREEMENT AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENT BY APPROVING IT AS TO FORM AND CORRECTNESS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Florida Department of Transportation has awarded the County funding assistance for the public transportation system (Financial Project No. 407187-3-84-01). 2. The Board should authorize and approve execution of the Public Transportation Grant Agreement with the State of Florida Department of Transportation for the above -referenced project. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board hereby accepts and approves the Public Transportation Grant Agreement with the State of Florida (Financial Project No. 407187-3-84-01) to provide funding assistance to St. Lucie County for public transportation operating services. 2. The Board hereby authorizes the Chair to execute the above -referenced agreement and further authorizes the County Attorney to execute the agreement by approving it as to form and correctness. 1 Page 75 of 256 After motion and second, the vote on the resolution was as follows: Chair Chris Dzadovsky XX Vice -Chair Sean Mitchell XX Commissioner Linda Bartz XX Commissioner Frannie Hutchinson XX Commissioner Cathy Townsend XX PASSED AND DULY ADOPTED this 12th day of January 2021. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY 0 Page 76 of 256 Financial Project Number(s): (item -segment -phase -sequence) 407187-3-84-01 Contract Number: CFDA Number: CFDA Title: CSFA Number: CSFA Title: N/A N/A 55.010 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Fund(s): Work Activity Code/Function: Federal Number/Federal Award Identification Number (FAIN) — Transit only: Federal Award Date: Agency DUNS Number: Public Transit Block Grant Proqram Form 725-000-01 STRATEGIC DEVELOPMENT OGC 02/20 DPTO, LF FLAIR Category: 088774 215 Object Code: 751000 Org. Code: 55042010429 Vendor Number: F596000835079 /WIMbZ'S4G>♦ THIS PUBLIC TRANSPORTATION GRANT AGREEMENT ("Agreement") is entered into , by and between the State of Florida, Department of Transportation, ("Department"), and St. Lucie County BOCC, ("Agency"). The Department and the Agency are sometimes referred to in this Agreement as a "Party" and collectively as the "Parties." NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the Parties agree to the following: 1. Authority. The Agency, by Resolution or other form of official authorization, a copy of which is attached as Exhibit "D", Agency Resolution and made a part of this Agreement, has authorized its officers to execute this Agreement on its behalf. The Department has the authority pursuant to Section(s) 341.052, Florida Statutes, to enter into this Agreement. 2. Purpose of Agreement. The purpose of this Agreement is to provide for the Department's participation in Block Grant fundina for operatina assistance to St. Lucie Countv BOCC for its urbanized area public transportation, as further described in Exhibit "A", Project Description and Responsibilities, attached and incorporated into this Agreement ("Project"), to provide Department financial assistance to the Agency, state the terms and conditions upon which Department funds will be provided, and to set forth the manner in which the Project will be undertaken and completed. 3. Program Area. For identification purposes only, this Agreement is implemented as part of the Department program area selected below (select all programs that apply): _ Aviation _ Seaports X_ Transit _ Intermodal Rail Crossing Closure Match to Direct Federal Funding (Aviation or Transit) (Note: Section 15 and Exhibit G do not apply to federally matched funding) Other 4. Exhibits. The following Exhibits are attached and incorporated into this Agreement: X Exhibit A: Project Description and Responsibilities X Exhibit B: Schedule of Financial Assistance _ *Exhibit B1: Deferred Reimbursement Financial Provisions *Exhibit B2: Advance Payment Financial Provisions *Exhibit C: Terms and Conditions of Construction X Exhibit D: Agency Resolution X Exhibit E: Program Specific Terms and Conditions X Exhibit F: Contract Payment Requirements X_ *Exhibit G: Audit Requirements for Awards of State Financial Assistance *Exhibit H: Audit Requirements for Awards of Federal Financial Assistance Padd"�f 256 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc02/20 *Additional Exhibit(s): *Indicates that the Exhibit is only attached and incorporated if applicable box is selected. 5. Time. Unless specified otherwise, all references to "days" within this Agreement refer to calendar days. 6. Term of Agreement. This Agreement shall commence upon full execution by both Parties ("Effective Date") and continue through December 31, 2023. If the Agency does not complete the Project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the Project. The cost of any work performed prior to the Effective Date or after the expiration date of this Agreement will not be reimbursed by the Department. a. _ If this box is checked the following provision applies: Unless terminated earlier, work on the Project shall commence no later than the _ day of _, or within _ days of the issuance of the Notice to Proceed for the construction phase of the Project (if the Project involves construction), whichever date is earlier. The Department shall have the option to immediately terminate this Agreement should the Agency fail to meet the above -required dates. 7. Amendments, Extensions, and Assignment. This Agreement may be amended or extended upon mutual written agreement of the Parties. This Agreement shall not be renewed. This Agreement shall not be assigned, transferred, or otherwise encumbered by the Agency under any circumstances without the prior written consent of the Department. 8. Termination or Suspension of Project. The Department may, by written notice to the Agency, suspend any or all of the Department's obligations under this Agreement for the Agency's failure to comply with applicable law or the terms of this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected. a. Notwithstanding any other provision of this Agreement, if the Department intends to terminate the Agreement, the Department shall notify the Agency of such termination in writing at least thirty (30) days prior to the termination of the Agreement, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. b. The Parties to this Agreement may terminate this Agreement when its continuation would not produce beneficial results commensurate with the further expenditure of funds. In this event, the Parties shall agree upon the termination conditions. c. If the Agreement is terminated before performance is completed, the Agency shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed the equivalent percentage of the Department's maximum financial assistance. If any portion of the Project is located on the Department's right-of-way, then all work in progress on the Department right-of-way will become the property of the Department and will be turned over promptly by the Agency. d. In the event the Agency fails to perform or honor the requirements and provisions of this Agreement, the Agency shall promptly refund in full to the Department within thirty (30) days of the termination of the Agreement any funds that were determined by the Department to have been expended in violation of the Agreement. e. The Department reserves the right to unilaterally cancel this Agreement for failure by the Agency to comply with the Public Records provisions of Chapter 119, Florida Statutes. 9. Project Cost: Pa 'Af 256 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc02/20 a. The estimated total cost of the Project is $1,389,914. This amount is based upon Exhibit "B", Schedule of Financial Assistance. The timeline for deliverables and distribution of estimated amounts between deliverables within a grant phase, as outlined in Exhibit "B", Schedule of Financial Assistance, may be modified by mutual written agreement of the Parties and does not require execution of an Amendment to the Public Transportation Grant Agreement. The timeline for deliverables and distribution of estimated amounts between grant phases requires an amendment executed by both Parties in the same form as this Agreement. b. The Department agrees to participate in the Project cost up to the maximum amount of 694 957 and, the Department's participation in the Project shall not exceed 50.00% of the total eligible cost of the Project, and as more fully described in Exhibit "B", Schedule of Financial Assistance. The Agency agrees to bear all expenses in excess of the amount of the Department's participation and any cost overruns or deficits involved. 10. Compensation and Payment: a. Eligible Cost. The Department shall reimburse the Agency for allowable costs incurred as described in Exhibit "A", Project Description and Responsibilities, and as set forth in Exhibit "B", Schedule of Financial Assistance. b. Deliverables. The Agency shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit "A", Project Description and Responsibilities. Modifications to the deliverables in Exhibit "A", Project Description and Responsibilities requires a formal written amendment. c. Invoicing. Invoices shall be submitted no more often than monthly by the Agency in detail sufficient for a proper pre -audit and post -audit, based on the quantifiable, measurable, and verifiable deliverables as established in Exhibit "A", Project Description and Responsibilities. Deliverables and costs incurred must be received and approved by the Department prior to reimbursement. Requests for reimbursement by the Agency shall include an invoice, progress report, and supporting documentation for the deliverables being billed that are acceptable to the Department. The Agency shall use the format for the invoice and progress report that is approved by the Department. d. Supporting Documentation. Supporting documentation must establish that the deliverables were received and accepted in writing by the Agency and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit "A", Project Description and Responsibilities has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit "F", Contract Payment Requirements. e. Travel Expenses. The selected provision below is controlling regarding travel expenses: X Travel expenses are NOT eligible for reimbursement under this Agreement. Travel expenses ARE eligible for reimbursement under this Agreement. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the Department's Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061, Florida Statutes, and the most current version of the Department's Disbursement Handbook for Employees and Managers. PadePfg�)f 256 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc02/20 Financial Consequences. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes, or the Department's Comptroller under Section 334.044(29), Florida Statutes. If the Department determines that the performance of the Agency is unsatisfactory, the Department shall notify the Agency of the deficiency to be corrected, which correction shall be made within a time - frame to be specified by the Department. The Agency shall, within thirty (30) days after notice from the Department, provide the Department with a corrective action plan describing how the Agency will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non- compliance. If the corrective action plan is unacceptable to the Department, the Agency will not be reimbursed. If the deficiency is subsequently resolved, the Agency may bill the Department for the amount that was previously not reimbursed during the next billing period. If the Agency is unable to resolve the deficiency, the funds shall be forfeited at the end of the Agreement's term. g. Invoice Processing. An Agency receiving financial assistance from the Department should be aware of the following time frames. Inspection or verification and approval of deliverables shall take no longer than 20 days from the Department's receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the deliverables are received, inspected or verified, and approved. If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Agency. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices that have to be returned to an Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agency who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. h. Records Retention. The Agency shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the 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 five years after final payment is made. Copies of these records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the Project records, together with supporting documents and records, of the Contractor and all subcontractors performing work on the Project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. Progress Reports. Upon request, the Agency agrees to provide progress reports to the Department in the standard format used by the Department and at intervals established by the Department. The Department will be entitled at all times to be advised, at its request, as to the status of the Project and of details thereof. Submission of Other Documents. The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the Project as the Department may require as listed in Exhibit "E", Program Specific Terms and Conditions attached to and incorporated into this Agreement. Pa6d*g�)f 256 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc02/20 k. Offsets for Claims. If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement that it has with the Agency owing such amount if, upon written demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. I. Final Invoice. The Agency must submit the final invoice on the Project to the Department within 120 days after the completion of the Project. Invoices submitted after the 120-day time period may not be paid. m. Department's Performance and Payment Contingent Upon Annual Appropriation by the Legislature. The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, a notice of availability of funds from the Department's project manager must be received prior to costs being incurred by the Agency. See Exhibit "B", Schedule of Financial Assistance for funding levels by fiscal year. Project costs utilizing any fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. n. Limits on Contracts Exceeding $25,000 and Term more than 1 Year. 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: "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is 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 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 of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." o. Agency Obligation to Refund Department. Any Project funds made available by the Department pursuant to this Agreement that are determined by the Department to have been expended by the Agency in violation of this Agreement or any other applicable law or regulation shall be promptly refunded in full to the Department. Acceptance by the Department of any documentation or certifications, mandatory or otherwise permitted, that the Agency files shall not constitute a waiver of the Department's rights as the funding agency to verify all information at a later date by audit or investigation. p. Non -Eligible Costs. In determining the amount of the payment, the Department will exclude all Project costs incurred by the Agency prior to the execution of this Agreement, costs incurred after the expiration of the Agreement, costs that are not provided for in Exhibit "A", Project Description and Responsibilities, and as set forth in Exhibit "B", Schedule of Financial Assistance, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the Project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangement that has not been approved Paad*1'�)f 256 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc02/20 in writing by the Department. Specific unallowable costs may be listed in Exhibit "A", Project Description and Responsibilities. 11. General Requirements. The Agency shall complete the Project with all practical dispatch in a sound, economical, and efficient manner, and in accordance with the provisions in this Agreement and all applicable laws. a. Necessary Permits Certification. The Agency shall certify to the Department that the Agency's design consultant and/or construction contractor has secured the necessary permits. b. Right -of -Way Certification. If the Project involves construction, then the Agency shall provide to the Department certification and a copy of appropriate documentation substantiating that all required right-of-way necessary for the Project has been obtained. Certification is required prior to authorization for advertisement for or solicitation of bids for construction of the Project, even if no right-of-way is required. c. Notification Requirements When Performing Construction on Department's Right -of - Way. In the event the cost of the Project is greater than $250,000.00, and the Project involves construction on the Department's right-of-way, the Agency shall provide the Department with written notification of either its intent to: Require the construction work of the Project that is on the Department's right-of-way to be performed by a Department prequalified contractor, or Construct the Project utilizing existing Agency employees, if the Agency can complete said Project within the time frame set forth in this Agreement. d. _ If this box is checked, then the Agency is permitted to utilize its own forces and the following provision applies: Use of Agency Workforce. In the event the Agency proceeds with any phase of the Project utilizing its own forces, the Agency will only be reimbursed for direct costs (this excludes general overhead). e. _ If this box is checked, then the Agency is permitted to utilize Indirect Costs: Reimbursement for Indirect Program Expenses (select one): i. —Agency has selected to seek reimbursement from the Department for actual indirect expenses (no rate). ii. _Agency has selected to apply a de minimus rate of 10% to modified total direct costs. Note: The de minimus rate is available only to entities that have never had a negotiated indirect cost rate. When selected, the de minimus rate must be used consistently for all federal awards until such time the agency chooses to negotiate a rate. A cost policy statement and de minimis certification form must be submitted to the Department for review and approval. M. _ Agency has selected to apply a state or federally approved indirect cost rate. A federally approved rate agreement or indirect cost allocation plan (ICAP) must be submitted annually. f. Agency Compliance with Laws, Rules, and Regulations, Guidelines, and Standards. The Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. g. Claims and Requests for Additional Work. The Agency shall have the sole responsibility for resolving claims and requests for additional work for the Project. The Agency will make Pa&d*Af 256 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc02/20 best efforts to obtain the Department's input in its decisions. The Department is not obligated to reimburse for claims or requests for additional work. 12. Contracts of the Agency: a. Approval of Third Party Contracts. The Department specifically reserves the right to review and approve any and all third party contracts with respect to the Project before the Agency executes or obligates itself in any manner requiring the disbursement of Department funds, including consultant and purchase of commodities contracts, or amendments thereto. If the Department chooses to review and approve third party contracts for this Project and the Agency fails to obtain such approval, that 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. If Federal Transit Administration (FTA) funds are used in the Project, the Department must exercise the right to third party contract review. b. Procurement of Commodities or Contractual Services. It is understood and agreed by the Parties hereto that participation by the Department in a project with the Agency, where said project involves the purchase of commodities or contractual services where purchases or costs exceed the Threshold Amount for CATEGORY TWO per Section 287.017, Florida Statutes, is contingent on the Agency complying in full with the provisions of Section 287.057, Florida Statutes. The Agency's Authorized Official shall certify to the Department that the Agency's purchase of commodities or contractual services has been accomplished in compliance with Section 287.057, Florida Statutes. It shall be the sole responsibility of the Agency to ensure that any obligations made in accordance with this Section comply with the current threshold limits. Contracts, purchase orders, task orders, construction change orders, or any other agreement that would result in exceeding the current budget contained in Exhibit "B", Schedule of Financial Assistance, or that is not consistent with the Project description and scope of services contained in Exhibit "A", Project Description and Responsibilities must be approved by the Department prior to Agency execution. Failure to obtain such approval, and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for nonpayment by the Department, in accordance with this Agreement. c. Consultants' Competitive Negotiation Act. It is understood and agreed by the Parties to this Agreement that participation by the Department in a project with the Agency, where said project involves a consultant contract for professional services, is contingent on the Agency's full compliance with provisions of Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act. In all cases, the Agency's Authorized Official shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. d. Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the Department that DBEs, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Agency and its contractors agree to ensure that DBEs have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBEs have the opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 13. Maintenance Obligations. In the event the Project includes construction or the acquisition of commodities then the following provisions are incorporated into this Agreement: Pa jd*Af 256 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc02/20 a. The Agency agrees to accept all future maintenance and other attendant costs occurring after completion of the Project for all improvements constructed or commodities acquired as part of the Project. The terms of this provision shall survive the termination of this Agreement. 14. Sale, Transfer, or Disposal of Department -funded Property: a. The Agency will not sell or otherwise transfer or dispose of any part of its title or other interests in real property, facilities, or equipment funded in any part by the Department under this Agreement without prior written approval by the Department. b. If a sale, transfer, or disposal by the Agency of all or a portion of Department -funded real property, facilities, or equipment is approved by the Department, the following provisions will apply: The Agency shall reimburse the Department a proportional amount of the proceeds of the sale of any Department -funded property. The proportional amount shall be determined on the basis of the ratio of the Department funding of the development or acquisition of the property multiplied against the sale amount, and shall be remitted to the Department within ninety (90) days of closing of sale. Sale of property developed or acquired with Department funds shall be at market value as determined by appraisal or public bidding process, and the contract and process for sale must be approved in advance by the Department. iv. If any portion of the proceeds from the sale to the Agency are non -cash considerations, reimbursement to the Department shall include a proportional amount based on the value of the non -cash considerations. c. The terms of provisions "a" and "b" above shall survive the termination of this Agreement. i. The terms shall remain in full force and effect throughout the useful life of facilities developed, equipment acquired, or Project items installed within a facility, but shall not exceed twenty (20) years from the effective date of this Agreement. H. There shall be no limit on the duration of the terms with respect to real property acquired with Department funds. 15. Single Audit. The administration of Federal or State resources awarded through the Department to the Agency by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or State financial assistance or limit the authority of any state agency inspector general, the State of Florida Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified below. Federal Funded: a. In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, monitoring procedures may include but not be limited to on -site visits by Department staff and/or other procedures, including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to Federal awards provided through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any PaddU�)f 256 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc02/20 inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer (CFO), or State of Florida Auditor General. b. The Agency, a non -Federal entity as defined by 2 CFR Part 200, Subpart F — Audit Requirements, as a subrecipient of a Federal award awarded by the Department through this Agreement, is subject to the following requirements: In the event the Agency expends a total amount of Federal awards equal to or in excess of the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, the Agency must have a Federal single or program -specific audit conducted for such fiscal year in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements. Exhibit "H", Audit Requirements for Awards of Federal Financial Assistance, to this Agreement provides the required Federal award identification information needed by the Agency to further comply with the requirements of 2 CFR Part 200, Subpart F — Audit Requirements. In determining Federal awards expended in a fiscal year, the Agency must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including the Federal award provided through the Department by this Agreement. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by 2 CFR Part 200, Subpart F — Audit Requirements. An audit conducted by the State of Florida Auditor General in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements, will meet the requirements of this part. ii. In connection with the audit requirements, the Agency shall fulfill the requirements relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F — Audit Requirements. iii. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, in Federal awards, the Agency is exempt from Federal audit requirements for that fiscal year. However, the Agency must provide a single audit exemption statement to the Department at FDOTSingleAudit .dot.state.fl.us no later than nine months after the end of the Agency's audit period for each applicable audit year. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, in Federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from the Agency's resources obtained from other than Federal entities). iv. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at https://harvester.census.gov/facweb/ the audit reporting package as required by 2 CFR Part 200, Subpart F — Audit Requirements, within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period. The FAC is the repository of record for audits required by 2 CFR Part 200, Subpart F —Audit Requirements. However, the Department requires a copy of the audit reporting package also be submitted to FDOTSingleAudit(a�dot.state.fl.us within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period as required by 2 CFR Part 200, Subpart F — Audit Requirements. v. Within six months of acceptance of the audit report by the FAC, the Department will review the Agency's audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the Federal award provided through the Department by this Agreement. If the Agency fails to have an Padd*9�)f 256 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc02/20 audit conducted in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, the Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce compliance, which actions may include but not be limited to the following: 1. Temporarily withhold cash payments pending correction of the deficiency by the Agency or more severe enforcement action by the Department; 2. Disallow (deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the Federal award; 4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 and Federal awarding agency regulations (or in the case of the Department, recommend such a proceeding be initiated by the Federal awarding agency); 5. Withhold further Federal awards for the Project or program; 6. Take other remedies that may be legally available. A. As a condition of receiving this Federal award, the Agency shall permit the Department or its designee, the CFO, or State of Florida Auditor General access to the Agency's records, including financial statements, the independent auditor's working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved. vii. The Department's contact information for requirements under this part is as follows: Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 FDOTSingleAudit(o�dot.state.fl.us State Funded: a. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring procedures to monitor the Agency's use of state financial assistance may include but not be limited to on -site visits by Department staff and/or other procedures, including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to state financial assistance awarded through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, the Department of Financial Services (DFS), or State of Florida Auditor General. b. The Agency, a "nonstate entity" as defined by Section 215.97, Florida Statutes, as a recipient of state financial assistance awarded by the Department through this Agreement, is subject to the following requirements: In the event the Agency meets the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency must have a State single or project - specific audit conducted for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. Exhibit "G", Audit Requirements for Awards of State Financial Assistance, to this Agreement indicates state financial PJRAO)f 256 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc02/20 assistance awarded through the Department by this Agreement needed by the Agency to further comply with the requirements of Section 215.97, Florida Statutes. In determining the state financial assistance expended in a fiscal year, the Agency shall consider all sources of state financial assistance, including state financial assistance received from the Department by this Agreement, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass -through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements, the Agency shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. iii. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency is exempt for such fiscal year from the state single audit requirements of Section 215.97, Florida Statutes. However, the Agency must provide a single audit exemption statement to the Department at FDOTSingleAudit(a�-dot.state.fl.us no later than nine months after the end of the Agency's audit period for each applicable audit year. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, in a fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the Agency's resources (Le., the cost of such an audit must be paid from the Agency's resources obtained from other than State entities). iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, copies of financial reporting packages required by this Agreement shall be submitted to: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 FDOTSingleAudit dot.state.fl.us And State of Florida Auditor General Local Government Audits/342 111 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email: flaudgen localgovt aud.state.fl.us V. Any copies of financial reporting packages, reports, or other information required to be submitted to the Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. vi. The Agency, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date the reporting package was delivered to the Agency in correspondence accompanying the reporting package. Ndd*?�)f 256 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc02/20 vii. Upon receipt, and within six months, the Department will review the Agency's financial reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate corrective action on all deficiencies has been taken pertaining to the state financial assistance provided through the Department by this Agreement. If the Agency fails to have an audit conducted consistent with Section 215.97, Florida Statutes, the Department may take appropriate corrective action to enforce compliance. viii. As a condition of receiving state financial assistance, the Agency shall permit the Department or its designee, DFS, or the Auditor General access to the Agency's records, including financial statements, the independent auditor's working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved. c. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department or its designee, DFS, or State of Florida Auditor General access to such records upon request. The Agency shall ensure that the audit working papers are made available to the Department or its designee, DFS, or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department. 16. Notices and Approvals. Notices and approvals referenced in this Agreement must be obtained in writing from the Parties' respective Administrators or their designees. 17. Restrictions, Prohibitions, Controls and Labor Provisions: a. Convicted Vendor List. 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 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 36 months from the date of being placed on the convicted vendor list. b. Discriminatory Vendor List. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, 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 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. c. Non -Responsible Contractors. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied, or have further been determined by the Department to be a non -responsible contractor, may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency. PJ A)f 256 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc02/20 d. Prohibition on Using Funds for Lobbying. No funds received pursuant to this Agreement may be expended for lobbying the Florida Legislature, judicial branch, or any state agency, in accordance with Section 216.347, Florida Statutes. e. Unauthorized Aliens. 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 will be cause for unilateral cancellation of this Agreement. f. Procurement of Construction Services. If the Project is procured pursuant to Chapter 255, Florida Statutes, for construction services and at the time of the competitive solicitation for the Project, 50 percent or more of the cost of the Project is to be paid from state -appropriated funds, then the Agency must comply with the requirements of Section 255.0991, Florida Statutes. g. E-Verify. The Agency shall: i. Utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Agency during the term of the contract; and ii. Expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. h. Design Services and Construction Engineering and Inspection Services. If the Project is wholly or partially funded by the Department and administered by a local governmental entity, except for a seaport listed in Section 311.09, Florida Statutes, the entity performing design and construction engineering and inspection services may not be the same entity. 18. Indemnification and Insurance: a. It is specifically agreed between the Parties executing this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The Agency guarantees the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Agency or any subcontractor, in connection with this Agreement. Additionally, the Agency shall indemnify and hold harmless the State of Florida, Department of Transportation, including the Department's officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Agency and persons employed or utilized by the Agency in the performance of this Agreement. This indemnification shall survive the termination of this Agreement. Additionally, the Agency agrees to include the following indemnification in all contracts with contractors/subcontractors and consultants/subconsultants who perform work in connection with this Agreement: "To the fullest extent permitted by law, the Agency's contractor/consultant shall indemnify and hold harmless the Agency and the State of Florida, Department of Transportation, including the Department's officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the contractor/consultant and PJdd*g�)f 256 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc02/20 persons employed or utilized by the contractor/consultant in the performance of this Agreement. This indemnification shall survive the termination of this Agreement." b. The Agency shall provide Workers' Compensation Insurance in accordance with Florida's Workers' Compensation law for all employees. If subletting any of the work, ensure that the subcontractor(s) and subconsultant(s) have Workers' Compensation Insurance for their employees in accordance with Florida's Workers' Compensation law. If using "leased employees" or employees obtained through professional employer organizations ("PEO's"), ensure that such employees are covered by Workers' Compensation Insurance through the PEO's or other leasing entities. Ensure that any equipment rental agreements that include operators or other personnel who are employees of independent contractors, sole proprietorships, or partners are covered by insurance required under Florida's Workers' Compensation law. c. If the Agency elects to self -perform the Project, then the Agency may self -insure. If the Agency elects to hire a contractor or consultant to perform the Project, then the Agency shall carry, or cause its contractor or consultant to carry, Commercial General Liability insurance providing continuous coverage for all work or operations performed under this Agreement. Such insurance shall be no more restrictive than that provided by the latest occurrence form edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida. The Agency shall cause, or cause its contractor or consultant to cause, the Department to be made an Additional Insured as to such insurance. Such coverage shall be on an "occurrence" basis and shall include Products/Completed Operations coverage. The coverage afforded to the Department as an Additional Insured shall be primary as to any other available insurance and shall not be more restrictive than the coverage afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess policy. The limits of coverage described herein shall apply fully to the work or operations performed under the Agreement, and may not be shared with or diminished by claims unrelated to the Agreement. The policy/ies and coverage described herein may be subject to a deductible and such deductibles shall be paid by the Named Insured. No policy/ies or coverage described herein may contain or be subject to a Retention or a Self -Insured Retention unless the Agency is a state agency or subdivision of the State of Florida that elects to self -perform the Project. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, the Department shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The Department shall be notified in writing within ten days of any cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or coverage described herein. The Department's approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights or defenses the Department may have. d. When the Agreement includes the construction of a railroad grade crossing, railroad overpass or underpass structure, or any other work or operations within the limits of the railroad right- of-way, including any encroachments thereon from work or operations in the vicinity of the railroad right-of-way, the Agency shall, or cause its contractor to, in addition to the insurance coverage required above, procure and maintain Railroad Protective Liability Coverage (ISO Form CG 00 35) where the railroad is the Named Insured and where the limits are not less than $2,000,000 combined single limit for bodily injury and/or property damage per occurrence, and with an annual aggregate limit of not less than $6,000,000. The railroad shall also be added along with the Department as an Additional Insured on the policy/ies procured pursuant to the paragraph above. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, both the Department and the railroad PJ640�)f 256 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc02/20 shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The insurance described herein shall be maintained through final acceptance of the work. Both the Department and the railroad shall be notified in writing within ten days of any cancellation, notice of cancellation, renewal, or proposed change to any policy or coverage described herein. The Department's approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights the Department may have. e. When the Agreement involves work on or in the vicinity of utility -owned property or facilities, the utility shall be added along with the Department as an Additional Insured on the Commercial General Liability policy/ies procured above. 19. Miscellaneous: a. Environmental Regulations. The Agency will be solely responsible for compliance with all applicable environmental regulations and for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith. b. Non -Admission of Liability. In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. c. Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. d. Agency not an agent of Department. The Agency and the Department agree that the Agency, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement. e. Bonus or Commission. By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. f. Non -Contravention of State Law. Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing so that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the Project. g. Execution of Agreement. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party. h. Federal Award Identification Number (FAIN). If the FAIN is not available prior to execution of the Agreement, the Department may unilaterally add the FAIN to the Agreement without approval of the Agency and without an amendment to the Agreement. If this occurs, an PJOA?�)f 256 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 02/20 updated Agreement that includes the FAIN will be provided to the Agency and uploaded to the Department of Financial Services' Florida Accountability Contract Tracking System (FACTS). Inspector General Cooperation. The Agency agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. j. Law, Forum, and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. The Agency agrees to waive forum and venue and that the Department shall determine the forum and venue in which any dispute under this Agreement is decided. IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year written above. AGENCY St. Lucie County BOCC STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION By: By: Name: Name: Steven C. Braun, P.E. Title: Title: Director of Transportation Development STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION Legal Review: PJ&AAf 256 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc 02/20 EXHIBIT A Project Description and Responsibilities A. Project Description (description of Agency's project to provide context, description of project components funded via this Agreement (if not the entire project)): Block Grant funding for operating assistance to St. Lucie County BOCC for its urbanized area public transportation B. Project Location (limits, city, county, map): St. Lucie County BOCC/Fort Pierce, FL/St. Lucie C. Project Scope (allowable costs: describe project components, improvement type/service type, approximate timeline, project schedule, project size): 1) Refer to Exhibit E and Exhibit F of original JPA/PTGA. 2) Comply with Transparency Act, where applicable. 3) Recipients providing fixed -route service can segregate urbanized and non -urbanized miles based on route maps and allocate system -wide costs accordingly. Drivers' logs can be maintained to segregate mileage or hours inside and outside the urbanized area. 4) Certification verifying adoption of a System Safety Program Plan. 5) Quarterly reports submitted with invoices. 6) Submit invoice every three (3) months, at minimum. 7) A copy of the most recent active CTC agreement. D. Deliverable(s): 1) Submit a copy of the national Transit Data Base (Section 5335) report submitted to FTA or FTA acknowledgement letter as soon as available. 2) Submit for approval the performance measure identified in Table A-1 Required Performance Measure for Newspaper Publication of FDOT Procedure 725-030-030 each year, as identified below: Passenger Trips Revenue Miles Total Operating Revenue Operating Revenue Vehicles Operating in Maximum Service Base Fare Revenue Miles Between Vehicle Systems Failures Days/Hours Service is Available Operating Expense per Passenger Trip 3) Submit the publisher's affidavit from newspaper covering the transit service area that the performance measures identified in Table A-1 (Required Performance Measure for Newspaper Publication of FDOT PJJAAf 256 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc 02/20 Procedure 725-030-030) were published each year after the Department written approval. 4) Submit a copy of the Transit Development Plan (TDP) annual progress report or updates each year 5) Submit quarterly progress reports via TranSCIP, the web -based state grant management software, by logging into http://www2.transcip.com 6) Submit an invoice on the project at least every quarter or they may specify in an email to the Department Project Manager. The email must be provided in the invoice packet provide to the department. The Agency shall upload a copy of invoice to TransCIP and email the original to D40MDID@dot.state.fl.us for processing. The project scope identifies the ultimate project deliverables. Deliverables for requisition, payment and invoice purposes will be the incremental progress made toward completion of project scope elements. Supporting documentation will be quantifiable, measurable, and verifiable, to allow for a determination of the amount of incremental progress that has been made, and provide evidence that the payment requested is commensurate with the accomplished incremental progress and costs incurred by the Agency. E. Unallowable Costs (including but not limited to): candy, alcohol, decorations, greeting cards, lobbying, personal cell phone, office patties, entertainment, food, fans, coffee pots, portable heaters, refrigerators, microwave ovens, congratulatory telegrams, refreshments, banquets, catering, gifts/flowers, promotional items. F. Transit Operating Grant Requirements (Transit Only): Transit Operating Grants billed as an operational subsidy will require an expenditure detail report from the Agency that matches the invoice period. The expenditure detail, along with the progress report, will be the required deliverables for Transit Operating Grants. Operating grants may be issued for a term not to exceed three years from execution. The original grant agreement will include funding for year one. Funding for years two and three will be added by amendment as long as the grantee has submitted all invoices on schedule and the project deliverables for the year have been met. PJOA�•bf 256 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc02/20 EXHIBIT B Schedule of Financial Assistance TRANSIT OPERATING ONLY FUNDS AWARDED TO THE AGENCY PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: A. Fund Type and Fiscal Year: Financial Fund FLAIR State Object CSFA/ CSFA/CFDA Title or Funding Project Type Category Fiscal Code CFDA Funding Source Description Amount Number Year Number 407187-3-84-01 DPTO 088774 2021 751000 55.010 Public Transit Block Grant Program $694,957 407187-3-84-01 LF 088774 2021 751000 55.010 Public Transit Block Grant Program $694,957 Total Financial Assistance $1,389,914 B. Operations Phase - Estimate of Project Costs by Budget Category: Budget Categories Operations (Transit Only) State Local Federal Total Salaries $0 $0 $0 $0 Fringe Benefits $0 $0 $0 $0 Contractual Services $694,957 $694,957 $0 $1,389,914 Travel $0 $0 $0 $0 Other Direct Costs $0 $0 $0 $0 Indirect Costs $0 $0 $0 $0 Totals $694,957 $694,957 $0 $1,389,914 * Budget category amounts are estimates and can be shifted between items without amendment (because they are all within the Operations Phase). C. Cost Reimbursement The Agency will submit invoices for cost reimbursement on a: Monthly X Quarterly _ Other: basis upon the approval of the deliverables including the expenditure detail provided by the Agency. BUDGET/COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: I certify that the cost for each line item budget category has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, Florida Statutes. Documentation is on file evidencing the methodology used and the conclusions reached. Paula Scott Department Grant Manager Name Signature Date PJ8499 )f 256 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS Occ02120 EXHIBIT D AGENCY RESOLUTION PLEASE SEE ATTACHED STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc 02/20 EXHIBIT E PROGRAM SPECIFIC TERMS AND CONDITIONS — TRANSIT (For State Block Grant Only) This exhibit forms an integral part of the Agreement between the Department and the Agency. 1. Statutory Reference. Section 341.052, F.S. 2. Eligibility. The Department shall provide block grant funds for eligible capital and operating costs of public bus transit and local public fixed guideway projects. Eligibility of this Agency to receive grant funding is provided in Section 341.052(1), F.S., and Sections 5307 and 5311 of the Federal Transit Act, 49 U.S.C. 5307, and 49 U.S.C. 5311 respectively. a) Eligible transit capital costs means any costs that would be defined as capital costs by the Federal Transit Administration. b) Eligible transit operating costs are the total administrative, management, and operation costs directly incident to the provision of public bus transit services, excluding any depreciation or amortization of capital assets. 3. Local Revenue Limits. Block grant funds shall not exceed local revenue during the term of this Agreement. Local revenue is defined as the sum of money received from local government entities to assist in paying transit operation costs, including tax funds, and revenue earned from fare box receipts, charter service, contract service, express service and non - transportation activities. 4. Supplanting Local Tax Revenue. Block grant funds shall not supplant local tax revenues made available for operations in the year immediately preceding this Agreement. 5. State Participation. State participation in eligible public transit operating costs may not exceed fifty (50) percent of such costs or an amount equal to the total revenue, excluding farebox, charter, and advertising revenue and federal funds, received by the provider for operating costs, whichever amount is less. 6. Required Audit. The Agency shall require the independent auditor, retained to perform the audit as required by the Single Audit Act of 1984, to specifically test and certify that these limitations (...funds shall not exceed local revenue... funds shall not be expended for depreciation or amortization of capital assets ... funds shall not supplant local tax revenues made available for operations in the previous year) of the block grant program as delineated in Section 341.052, F.S., have been adhered to. 7. Required Budget. The Agency shall provide the Department with two (2) copies of its most current adopted budget by March 1. Unless the adopted budget uses a format consistent with the National Transit Database (NTD) report, the copy provided to the Department will indicate how the projections for total local revenue, local tax revenue made available for operations, and depreciation and amortization costs, as they will appear in the NTD report, can be identified. 8. Required Publication of Productivity and Performance Measures. The Agency shall publish in the local newspaper of its area, in the format prescribed by the Department, the productivity and performance measures established for the transit providers most recently completed fiscal year and the prior fiscal year. This report shall be approved by the Department prior to its publication. This report shall be submitted to the Department no later than November 15 of each year, and published either by December 31 or no later than twenty-eight (28) calendar days of the Department's written approval of the report. The Agency shall furnish an affidavit of publication to the Department within twenty eight (28) calendar days of publication. P�JePO�)f 256 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc 02/20 9. Annual Plan or Update. The Agency shall submit a Transit Development Plan (TDP) or annual update to the Department by September 1 of each year. a) As a separate part of the transit development plan or annual report, the Agency will address potential enhancements to productivity and performance which would have the effect of increasing farebox ratio pursuant to Section 341.071(2), F.S. b) A TDP shall conform to the requirements in Rule 14-73, available at: http://fac.dos.state.fl.us/faconline/chapterl4.pdf. 10. Safety Requirements. Mark the required Safety submittal or provisions for this Agreement if applicable: X Bus Transit System — In accordance with Section 341.061, F.S., and Rule 14-90, Florida Administrative Code, the Agency shall submit, and the Department shall have on file, an annual safety certification that the Agency has adopted and is complying with its adopted System Safety and Security Program Plan pursuant to Rule Chapter 14-90 and has performed annual safety inspections of all buses operated. Fixed Guideway Transportation System (established) — In accordance with Section 341.061, F.S., the Agency shall submit, and the Department shall have on file, annual certification by the Agency of compliance with its System Safety and Security Program Plan, pursuant to Rule 14-15.017 and the "Safety and Security Oversight Program Standards Manual", DOT Topic Number 725-030-014. Fixed Guideway Transportation System — This applies to New Starts projects and subsequent major projects to extend, rehabilitate, or modify an existing system, or to replace vehicles and equipment. In accordance with Section 341.061, F.S., the Agency shall submit a certification attesting to the adoption of a System Safety Program Plan pursuant to Rule 14-15.017 and the "Safety and Security Oversight Program Standards Manual", DOT Topic Number 725-030-014. Prior to beginning passenger service operations, the Agency shall submit a certification to the Department that the new start system or major modification to an existing system is safe for passenger service. Not Applicable. 11. Transit Vehicle Inventory Management. The agency will follow the Department's Transit Vehicle Inventory Management Procedure (725-030-025i), which outlines the requirements for continuing management control, inventory transfer and disposal actions. This procedure pertains ONLY to capital procurements of rolling stock using the FTA Section 5310, Section 5311, Section 5316 and Section 5317 programs as the funding source, or where the Department participates in 50% or more of the public transit vehicle's purchase price. This may include vehicles purchased under the State Transit Block Grant Program, State Transit Corridor Program, State Transit Service Development Program, or other applicable Departmental programs. 12. Formula Information. As authorized in Section 341.052, F.S., the annual appropriation in the program is divided by formula and then distributed to each eligible transit system. The formula described below is adjusted each year based on data received from the transit systems' federally required National Transit Data (NTD) report. A copy of the NTD report is required to be sent to the Department each year. Distribution is accomplished through a multiple step process. 15% of the appropriation is given to the Commission for the Transportation Disadvantaged to be distributed to the Community Transportation Coordinators in accordance with Chapter 427, F.S. The remaining 85% is divided into three equal portions. Each eligible transit system gets a percentage of the first portion based on their percentage of total population served; the second portion is allocated based on their percentage of total revenue miles of service provided; P A)f 256 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS Occ02120 and the third portion is allocated based on their percentage of total passengers carried. The total from all three portions is the total available allocation for each eligible transit system in the state. -- End of Exhibit E -- PgddAg�)f 256 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc 02/20 EXHIBIT F Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being provided. Listed below are types and examples of supporting documentation for cost reimbursement agreements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Contracts between state agencies, and/or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address https://www.m)dloridacfo.com/Division/AA/Manuals/documents/ReferenceGuideforStateExpenditures.pdf. Pao 099 )f 256 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS Occ02120 EXHIBIT G AUDIT REQUIREMENTS FOR AWARDS OF STATE FINANCIAL ASSISTANCE THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97, FLORIDA STATUTES: — Awarding Agency: Florida Department of Transportation State Project Title: Public Transit Block Grant Program CSFA Number: 55.010 *Award Amount: $694,957 *The award amount may change with amendments Specific project information for CSFA Number 55.010 is provided at: https://apps.fldfs.com/fsaa/searchCatalog.aspx COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT: State Project Compliance Requirements for CSFA Number 55.010 are provided at: https://apps.fldfs.com/fsaa/searchCompliance.aspx The State Projects Compliance Supplement is provided at: https://apps.fldfs.com/fsaa/compliance.aspx Pa�§ 04f 256 r Luc a- AGENDA REQUEST 0 TO: Board of County Commissioners PRESENTED BY: Murriah Dekle, Transit Division Director SUBMITTED BY: Transit Division 8.C.2. RES-2021-9 CONSENT AGENDA - COMMUNITY SERVICES DATE: 1/12/2021 *RESOLUTION ITEM - GRANT ACCEPTANCE QUASI-JUDICIAL ITEM? NO SUBJECT: Authorization Resolution - FY21 Federal Transit Administration (FTA) 5311 BACKGROUND: The FTA Non -Urbanized Area Annual Formula Program (Section 5311) provides operating and capital assistance to eligible recipients that operate/contract public transportation services for non -urbanized rural and small urban areas. The grant funds are provided to the state and then distributed by the Florida Department of Transportation (FDOT) and can be used over a five-year period. Each year a new Public Transportation Grant Agreement is received, allocating the funds for the new year. The total project cost is $117,840.The FDOT award is $58,920 and requires a local match of $58,920 which will be met through the St. Lucie County General Fund. PREVIOUS ACTION: On November 13, 2018, the Florida Department of Transportation (FDOT) and the County entered into a Public Transportation Grant Agreement (PTGA) for a 5-year period. This is the third year of the five-year grant cycle and the County will submit a new application to the FDOT in early 2023 to continue future year funding. FINANCIAL IMPACT: The total project cost is $117,840.00. The FDOT award is $58,920 and the local match is $58,920. General Funds will be used for the local match. The budget will increase by $58,920.00. RECOMMENDATION: Staff recommends Board approval of the FY21 FDOT Block Grant (FM# 407185-3-84-01) authorizing resolution Page 102 of 256 and permission for the Chair to sign all applicable documents as approved by the County Attorney. The FDOT award is $58,920.00 and the local match is $58,920.00. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures C " _v�� Date: December 14, 2020 Diana Wesloski, Community Services Director Jennifer Hill, Office of Management & Budget Director l ?' Daniel McIntyre, County Attorney X: Alphonso Jefferson, Deputy County Administrator Date: December 15, 2020 Date: December 15, 2020 Date: December 15, 2020 Page 103 of 256 RESOLUTION NO. 21- A RESOLUTION ACCEPTING THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT (FINANCIAL PROJECT NO. 407185-3-84-01) TO PROVIDE FUNDING ASSISTANCE TO ST. LUCIE COUNTY FOR PUBLIC TRANSPORTATION OPERATING SERVICES AND AUTHORIZING THE CHAIR TO EXECUTE THE AGREEMENT AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENT BY APPROVING IT AS TO FORM AND CORRECTNESS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Florida Department of Transportation has awarded the County funding assistance for the public transportation system (Financial Project No. 407185-3-84-01). 2. The Board should authorize and approve execution of the Public Transportation Grant Agreement with the State of Florida Department of Transportation for the above -referenced project. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board hereby accepts and approves the Public Transportation Grant Agreement with the State of Florida (Financial Project No. 407185-3-84-01) to provide funding assistance to St. Lucie County for public transportation operating services. 2. The Board hereby authorizes the Chair to execute the above -referenced agreement and further authorizes the County Attorney to execute the agreement by approving it as to form and correctness. 1 Page 104 of 256 After motion and second, the vote on the resolution was as follows: Chair Chris Dzadovsky XX Vice -Chair Sean Mitchell XX Commissioner Linda Bartz XX Commissioner Frannie Hutchinson XX Commissioner Cathy Townsend XX PASSED AND DULY ADOPTED this 12th day of January 2021. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY 0 Page 105 of 256 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Financial Project Number(s): Fund(s): (item -segment -phase -sequence) 407185-3-84-01 Work Activity Code/Function: 215 Contract Number: CFDA Number: CFDA Title: CSFA Number: CSFA Title: Federal Number/Federal Award Identification Number (FAIN) — Transit only: Federal Award Date: 20.509 Agency DUNS Number: Formula Grants for Rural Areas N/A N/A Form 725-000-01 STRATEGIC DEVELOPMENT OGC 02/20 DU, LF FLAIR Category: 088774 W&WIMb-zn>c>• Object Code: 780000 Org. Code: 55042010429 Vendor Number: F596000835079 THIS PUBLIC TRANSPORTATION GRANT AGREEMENT ("Agreement") is entered into , by and between the State of Florida, Department of Transportation, ("Department"), and St. Lucie County BOCC, ("Agency"). The Department and the Agency are sometimes referred to in this Agreement as a "Party" and collectively as the "Parties." NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the Parties agree to the following: 1. Authority. The Agency, by Resolution or other form of official authorization, a copy of which is attached as Exhibit "D", Agency Resolution and made a part of this Agreement, has authorized its officers to execute this Agreement on its behalf. The Department has the authority pursuant to Section(s) 341.000, Florida Statutes, to enter into this Agreement. 2. Purpose of Agreement. The purpose of this Agreement is to provide for the Department's participation in orovidina 5311 fundina for oaeratina assistance to St. Lucie Countv BOC for its non -urbanized area public transportation , as further described in Exhibit "A", Project Description and Responsibilities, attached and incorporated into this Agreement ("Project"), to provide Department financial assistance to the Agency, state the terms and conditions upon which Department funds will be provided, and to set forth the manner in which the Project will be undertaken and completed. 3. Program Area. For identification purposes only, this Agreement is implemented as part of the Department program area selected below (select all programs that apply): _ Aviation _ Seaports X_ Transit _ Intermodal Rail Crossing Closure Match to Direct Federal Funding (Aviation or Transit) (Note: Section 15 and Exhibit G do not apply to federally matched funding) Other 4. Exhibits. The following Exhibits are attached and incorporated into this Agreement: X Exhibit A: Project Description and Responsibilities X Exhibit B: Schedule of Financial Assistance _ *Exhibit B1: Deferred Reimbursement Financial Provisions *Exhibit B2: Advance Payment Financial Provisions *Exhibit C: Terms and Conditions of Construction X Exhibit D: Agency Resolution X Exhibit E: Program Specific Terms and Conditions X Exhibit F: Contract Payment Requirements _ *Exhibit G: Audit Requirements for Awards of State Financial Assistance X *Exhibit H: Audit Requirements for Awards of Federal Financial Assistance Pagg 969�)f 256 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc02/20 *Additional Exhibit(s): *Indicates that the Exhibit is only attached and incorporated if applicable box is selected. 5. Time. Unless specified otherwise, all references to "days" within this Agreement refer to calendar days. 6. Term of Agreement. This Agreement shall commence upon full execution by both Parties ("Effective Date") and continue through December 31, 2023. If the Agency does not complete the Project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the Project. The cost of any work performed prior to the Effective Date or after the expiration date of this Agreement will not be reimbursed by the Department. a. _ If this box is checked the following provision applies: Unless terminated earlier, work on the Project shall commence no later than the _ day of _, or within _ days of the issuance of the Notice to Proceed for the construction phase of the Project (if the Project involves construction), whichever date is earlier. The Department shall have the option to immediately terminate this Agreement should the Agency fail to meet the above -required dates. 7. Amendments, Extensions, and Assignment. This Agreement may be amended or extended upon mutual written agreement of the Parties. This Agreement shall not be renewed. This Agreement shall not be assigned, transferred, or otherwise encumbered by the Agency under any circumstances without the prior written consent of the Department. 8. Termination or Suspension of Project. The Department may, by written notice to the Agency, suspend any or all of the Department's obligations under this Agreement for the Agency's failure to comply with applicable law or the terms of this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected. a. Notwithstanding any other provision of this Agreement, if the Department intends to terminate the Agreement, the Department shall notify the Agency of such termination in writing at least thirty (30) days prior to the termination of the Agreement, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. b. The Parties to this Agreement may terminate this Agreement when its continuation would not produce beneficial results commensurate with the further expenditure of funds. In this event, the Parties shall agree upon the termination conditions. c. If the Agreement is terminated before performance is completed, the Agency shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed the equivalent percentage of the Department's maximum financial assistance. If any portion of the Project is located on the Department's right-of-way, then all work in progress on the Department right-of-way will become the property of the Department and will be turned over promptly by the Agency. d. In the event the Agency fails to perform or honor the requirements and provisions of this Agreement, the Agency shall promptly refund in full to the Department within thirty (30) days of the termination of the Agreement any funds that were determined by the Department to have been expended in violation of the Agreement. e. The Department reserves the right to unilaterally cancel this Agreement for failure by the Agency to comply with the Public Records provisions of Chapter 119, Florida Statutes. 9. Project Cost: Page 90• )f 256 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc02/20 a. The estimated total cost of the Project is $117,840. This amount is based upon Exhibit "B", Schedule of Financial Assistance. The timeline for deliverables and distribution of estimated amounts between deliverables within a grant phase, as outlined in Exhibit "B", Schedule of Financial Assistance, may be modified by mutual written agreement of the Parties and does not require execution of an Amendment to the Public Transportation Grant Agreement. The timeline for deliverables and distribution of estimated amounts between grant phases requires an amendment executed by both Parties in the same form as this Agreement. b. The Department agrees to participate in the Project cost up to the maximum amount of 58 920 and, the Department's participation in the Project shall not exceed 50.00% of the total eligible cost of the Project, and as more fully described in Exhibit "B", Schedule of Financial Assistance. The Agency agrees to bear all expenses in excess of the amount of the Department's participation and any cost overruns or deficits involved. 10. Compensation and Payment: a. Eligible Cost. The Department shall reimburse the Agency for allowable costs incurred as described in Exhibit "A", Project Description and Responsibilities, and as set forth in Exhibit "B", Schedule of Financial Assistance. b. Deliverables. The Agency shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit "A", Project Description and Responsibilities. Modifications to the deliverables in Exhibit "A", Project Description and Responsibilities requires a formal written amendment. c. Invoicing. Invoices shall be submitted no more often than monthly by the Agency in detail sufficient for a proper pre -audit and post -audit, based on the quantifiable, measurable, and verifiable deliverables as established in Exhibit "A", Project Description and Responsibilities. Deliverables and costs incurred must be received and approved by the Department prior to reimbursement. Requests for reimbursement by the Agency shall include an invoice, progress report, and supporting documentation for the deliverables being billed that are acceptable to the Department. The Agency shall use the format for the invoice and progress report that is approved by the Department. d. Supporting Documentation. Supporting documentation must establish that the deliverables were received and accepted in writing by the Agency and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit "A", Project Description and Responsibilities has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit "F", Contract Payment Requirements. e. Travel Expenses. The selected provision below is controlling regarding travel expenses: X Travel expenses are NOT eligible for reimbursement under this Agreement. Travel expenses ARE eligible for reimbursement under this Agreement. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the Department's Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061, Florida Statutes, and the most current version of the Department's Disbursement Handbook for Employees and Managers. Page 96Af 256 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc02/20 Financial Consequences. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes, or the Department's Comptroller under Section 334.044(29), Florida Statutes. If the Department determines that the performance of the Agency is unsatisfactory, the Department shall notify the Agency of the deficiency to be corrected, which correction shall be made within a time - frame to be specified by the Department. The Agency shall, within thirty (30) days after notice from the Department, provide the Department with a corrective action plan describing how the Agency will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non- compliance. If the corrective action plan is unacceptable to the Department, the Agency will not be reimbursed. If the deficiency is subsequently resolved, the Agency may bill the Department for the amount that was previously not reimbursed during the next billing period. If the Agency is unable to resolve the deficiency, the funds shall be forfeited at the end of the Agreement's term. g. Invoice Processing. An Agency receiving financial assistance from the Department should be aware of the following time frames. Inspection or verification and approval of deliverables shall take no longer than 20 days from the Department's receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the deliverables are received, inspected or verified, and approved. If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Agency. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices that have to be returned to an Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agency who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. h. Records Retention. The Agency shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the 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 five years after final payment is made. Copies of these records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the Project records, together with supporting documents and records, of the Contractor and all subcontractors performing work on the Project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. Progress Reports. Upon request, the Agency agrees to provide progress reports to the Department in the standard format used by the Department and at intervals established by the Department. The Department will be entitled at all times to be advised, at its request, as to the status of the Project and of details thereof. Submission of Other Documents. The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the Project as the Department may require as listed in Exhibit "E", Program Specific Terms and Conditions attached to and incorporated into this Agreement. Pagel 969`)f 256 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc02/20 k. Offsets for Claims. If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement that it has with the Agency owing such amount if, upon written demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. I. Final Invoice. The Agency must submit the final invoice on the Project to the Department within 120 days after the completion of the Project. Invoices submitted after the 120-day time period may not be paid. m. Department's Performance and Payment Contingent Upon Annual Appropriation by the Legislature. The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, a notice of availability of funds from the Department's project manager must be received prior to costs being incurred by the Agency. See Exhibit "B", Schedule of Financial Assistance for funding levels by fiscal year. Project costs utilizing any fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. n. Limits on Contracts Exceeding $25,000 and Term more than 1 Year. 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: "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is 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 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 of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." o. Agency Obligation to Refund Department. Any Project funds made available by the Department pursuant to this Agreement that are determined by the Department to have been expended by the Agency in violation of this Agreement or any other applicable law or regulation shall be promptly refunded in full to the Department. Acceptance by the Department of any documentation or certifications, mandatory or otherwise permitted, that the Agency files shall not constitute a waiver of the Department's rights as the funding agency to verify all information at a later date by audit or investigation. p. Non -Eligible Costs. In determining the amount of the payment, the Department will exclude all Project costs incurred by the Agency prior to the execution of this Agreement, costs incurred after the expiration of the Agreement, costs that are not provided for in Exhibit "A", Project Description and Responsibilities, and as set forth in Exhibit "B", Schedule of Financial Assistance, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the Project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangement that has not been approved Page 949�)f 256 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc02/20 in writing by the Department. Specific unallowable costs may be listed in Exhibit "A", Project Description and Responsibilities. 11. General Requirements. The Agency shall complete the Project with all practical dispatch in a sound, economical, and efficient manner, and in accordance with the provisions in this Agreement and all applicable laws. a. Necessary Permits Certification. The Agency shall certify to the Department that the Agency's design consultant and/or construction contractor has secured the necessary permits. b. Right -of -Way Certification. If the Project involves construction, then the Agency shall provide to the Department certification and a copy of appropriate documentation substantiating that all required right-of-way necessary for the Project has been obtained. Certification is required prior to authorization for advertisement for or solicitation of bids for construction of the Project, even if no right-of-way is required. c. Notification Requirements When Performing Construction on Department's Right -of - Way. In the event the cost of the Project is greater than $250,000.00, and the Project involves construction on the Department's right-of-way, the Agency shall provide the Department with written notification of either its intent to: Require the construction work of the Project that is on the Department's right-of-way to be performed by a Department prequalified contractor, or Construct the Project utilizing existing Agency employees, if the Agency can complete said Project within the time frame set forth in this Agreement. d. _ If this box is checked, then the Agency is permitted to utilize its own forces and the following provision applies: Use of Agency Workforce. In the event the Agency proceeds with any phase of the Project utilizing its own forces, the Agency will only be reimbursed for direct costs (this excludes general overhead). e. _ If this box is checked, then the Agency is permitted to utilize Indirect Costs: Reimbursement for Indirect Program Expenses (select one): i. —Agency has selected to seek reimbursement from the Department for actual indirect expenses (no rate). ii. _Agency has selected to apply a de minimus rate of 10% to modified total direct costs. Note: The de minimus rate is available only to entities that have never had a negotiated indirect cost rate. When selected, the de minimus rate must be used consistently for all federal awards until such time the agency chooses to negotiate a rate. A cost policy statement and de minimis certification form must be submitted to the Department for review and approval. M. _ Agency has selected to apply a state or federally approved indirect cost rate. A federally approved rate agreement or indirect cost allocation plan (ICAP) must be submitted annually. f. Agency Compliance with Laws, Rules, and Regulations, Guidelines, and Standards. The Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. g. Claims and Requests for Additional Work. The Agency shall have the sole responsibility for resolving claims and requests for additional work for the Project. The Agency will make Pagg 94 ?)f 256 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc02/20 best efforts to obtain the Department's input in its decisions. The Department is not obligated to reimburse for claims or requests for additional work. 12. Contracts of the Agency: a. Approval of Third Party Contracts. The Department specifically reserves the right to review and approve any and all third party contracts with respect to the Project before the Agency executes or obligates itself in any manner requiring the disbursement of Department funds, including consultant and purchase of commodities contracts, or amendments thereto. If the Department chooses to review and approve third party contracts for this Project and the Agency fails to obtain such approval, that 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. If Federal Transit Administration (FTA) funds are used in the Project, the Department must exercise the right to third party contract review. b. Procurement of Commodities or Contractual Services. It is understood and agreed by the Parties hereto that participation by the Department in a project with the Agency, where said project involves the purchase of commodities or contractual services where purchases or costs exceed the Threshold Amount for CATEGORY TWO per Section 287.017, Florida Statutes, is contingent on the Agency complying in full with the provisions of Section 287.057, Florida Statutes. The Agency's Authorized Official shall certify to the Department that the Agency's purchase of commodities or contractual services has been accomplished in compliance with Section 287.057, Florida Statutes. It shall be the sole responsibility of the Agency to ensure that any obligations made in accordance with this Section comply with the current threshold limits. Contracts, purchase orders, task orders, construction change orders, or any other agreement that would result in exceeding the current budget contained in Exhibit "B", Schedule of Financial Assistance, or that is not consistent with the Project description and scope of services contained in Exhibit "A", Project Description and Responsibilities must be approved by the Department prior to Agency execution. Failure to obtain such approval, and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for nonpayment by the Department, in accordance with this Agreement. c. Consultants' Competitive Negotiation Act. It is understood and agreed by the Parties to this Agreement that participation by the Department in a project with the Agency, where said project involves a consultant contract for professional services, is contingent on the Agency's full compliance with provisions of Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act. In all cases, the Agency's Authorized Official shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. d. Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the Department that DBEs, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Agency and its contractors agree to ensure that DBEs have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBEs have the opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 13. Maintenance Obligations. In the event the Project includes construction or the acquisition of commodities then the following provisions are incorporated into this Agreement: Pagg Qfl Af 256 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc02/20 a. The Agency agrees to accept all future maintenance and other attendant costs occurring after completion of the Project for all improvements constructed or commodities acquired as part of the Project. The terms of this provision shall survive the termination of this Agreement. 14. Sale, Transfer, or Disposal of Department -funded Property: a. The Agency will not sell or otherwise transfer or dispose of any part of its title or other interests in real property, facilities, or equipment funded in any part by the Department under this Agreement without prior written approval by the Department. b. If a sale, transfer, or disposal by the Agency of all or a portion of Department -funded real property, facilities, or equipment is approved by the Department, the following provisions will apply: The Agency shall reimburse the Department a proportional amount of the proceeds of the sale of any Department -funded property. The proportional amount shall be determined on the basis of the ratio of the Department funding of the development or acquisition of the property multiplied against the sale amount, and shall be remitted to the Department within ninety (90) days of closing of sale. Sale of property developed or acquired with Department funds shall be at market value as determined by appraisal or public bidding process, and the contract and process for sale must be approved in advance by the Department. iv. If any portion of the proceeds from the sale to the Agency are non -cash considerations, reimbursement to the Department shall include a proportional amount based on the value of the non -cash considerations. c. The terms of provisions "a" and "b" above shall survive the termination of this Agreement. i. The terms shall remain in full force and effect throughout the useful life of facilities developed, equipment acquired, or Project items installed within a facility, but shall not exceed twenty (20) years from the effective date of this Agreement. H. There shall be no limit on the duration of the terms with respect to real property acquired with Department funds. 15. Single Audit. The administration of Federal or State resources awarded through the Department to the Agency by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or State financial assistance or limit the authority of any state agency inspector general, the State of Florida Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified below. Federal Funded: a. In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, monitoring procedures may include but not be limited to on -site visits by Department staff and/or other procedures, including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to Federal awards provided through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any Pagg Qfl P)f 256 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc02/20 inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer (CFO), or State of Florida Auditor General. b. The Agency, a non -Federal entity as defined by 2 CFR Part 200, Subpart F — Audit Requirements, as a subrecipient of a Federal award awarded by the Department through this Agreement, is subject to the following requirements: In the event the Agency expends a total amount of Federal awards equal to or in excess of the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, the Agency must have a Federal single or program -specific audit conducted for such fiscal year in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements. Exhibit "H", Audit Requirements for Awards of Federal Financial Assistance, to this Agreement provides the required Federal award identification information needed by the Agency to further comply with the requirements of 2 CFR Part 200, Subpart F — Audit Requirements. In determining Federal awards expended in a fiscal year, the Agency must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including the Federal award provided through the Department by this Agreement. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by 2 CFR Part 200, Subpart F — Audit Requirements. An audit conducted by the State of Florida Auditor General in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements, will meet the requirements of this part. ii. In connection with the audit requirements, the Agency shall fulfill the requirements relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F — Audit Requirements. iii. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, in Federal awards, the Agency is exempt from Federal audit requirements for that fiscal year. However, the Agency must provide a single audit exemption statement to the Department at FDOTSingleAudit .dot.state.fl.us no later than nine months after the end of the Agency's audit period for each applicable audit year. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, in Federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from the Agency's resources obtained from other than Federal entities). iv. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at https://harvester.census.gov/facweb/ the audit reporting package as required by 2 CFR Part 200, Subpart F — Audit Requirements, within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period. The FAC is the repository of record for audits required by 2 CFR Part 200, Subpart F —Audit Requirements. However, the Department requires a copy of the audit reporting package also be submitted to FDOTSingleAudit(a�dot.state.fl.us within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period as required by 2 CFR Part 200, Subpart F — Audit Requirements. v. Within six months of acceptance of the audit report by the FAC, the Department will review the Agency's audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the Federal award provided through the Department by this Agreement. If the Agency fails to have an Pagg QU)f 256 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc02/20 audit conducted in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, the Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce compliance, which actions may include but not be limited to the following: 1. Temporarily withhold cash payments pending correction of the deficiency by the Agency or more severe enforcement action by the Department; 2. Disallow (deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the Federal award; 4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 and Federal awarding agency regulations (or in the case of the Department, recommend such a proceeding be initiated by the Federal awarding agency); 5. Withhold further Federal awards for the Project or program; 6. Take other remedies that may be legally available. A. As a condition of receiving this Federal award, the Agency shall permit the Department or its designee, the CFO, or State of Florida Auditor General access to the Agency's records, including financial statements, the independent auditor's working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved. vii. The Department's contact information for requirements under this part is as follows: Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 FDOTSingleAudit(o�dot.state.fl.us State Funded: a. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring procedures to monitor the Agency's use of state financial assistance may include but not be limited to on -site visits by Department staff and/or other procedures, including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to state financial assistance awarded through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, the Department of Financial Services (DFS), or State of Florida Auditor General. b. The Agency, a "nonstate entity" as defined by Section 215.97, Florida Statutes, as a recipient of state financial assistance awarded by the Department through this Agreement, is subject to the following requirements: In the event the Agency meets the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency must have a State single or project - specific audit conducted for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. Exhibit "G", Audit Requirements for Awards of State Financial Assistance, to this Agreement indicates state financial Pad9 Qfl 9�)f 256 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc02/20 assistance awarded through the Department by this Agreement needed by the Agency to further comply with the requirements of Section 215.97, Florida Statutes. In determining the state financial assistance expended in a fiscal year, the Agency shall consider all sources of state financial assistance, including state financial assistance received from the Department by this Agreement, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass -through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements, the Agency shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. iii. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency is exempt for such fiscal year from the state single audit requirements of Section 215.97, Florida Statutes. However, the Agency must provide a single audit exemption statement to the Department at FDOTSingleAudit(a�-dot.state.fl.us no later than nine months after the end of the Agency's audit period for each applicable audit year. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, in a fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the Agency's resources (Le., the cost of such an audit must be paid from the Agency's resources obtained from other than State entities). iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, copies of financial reporting packages required by this Agreement shall be submitted to: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 FDOTSingleAudit dot.state.fl.us And State of Florida Auditor General Local Government Audits/342 111 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email: flaudgen localgovt aud.state.fl.us V. Any copies of financial reporting packages, reports, or other information required to be submitted to the Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. vi. The Agency, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date the reporting package was delivered to the Agency in correspondence accompanying the reporting package. Padg 949�)f 256 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc02/20 vii. Upon receipt, and within six months, the Department will review the Agency's financial reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate corrective action on all deficiencies has been taken pertaining to the state financial assistance provided through the Department by this Agreement. If the Agency fails to have an audit conducted consistent with Section 215.97, Florida Statutes, the Department may take appropriate corrective action to enforce compliance. viii. As a condition of receiving state financial assistance, the Agency shall permit the Department or its designee, DFS, or the Auditor General access to the Agency's records, including financial statements, the independent auditor's working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved. c. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department or its designee, DFS, or State of Florida Auditor General access to such records upon request. The Agency shall ensure that the audit working papers are made available to the Department or its designee, DFS, or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department. 16. Notices and Approvals. Notices and approvals referenced in this Agreement must be obtained in writing from the Parties' respective Administrators or their designees. 17. Restrictions, Prohibitions, Controls and Labor Provisions: a. Convicted Vendor List. 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 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 36 months from the date of being placed on the convicted vendor list. b. Discriminatory Vendor List. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, 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 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. c. Non -Responsible Contractors. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied, or have further been determined by the Department to be a non -responsible contractor, may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency. Pads 9M)f 256 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc02/20 d. Prohibition on Using Funds for Lobbying. No funds received pursuant to this Agreement may be expended for lobbying the Florida Legislature, judicial branch, or any state agency, in accordance with Section 216.347, Florida Statutes. e. Unauthorized Aliens. 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 will be cause for unilateral cancellation of this Agreement. f. Procurement of Construction Services. If the Project is procured pursuant to Chapter 255, Florida Statutes, for construction services and at the time of the competitive solicitation for the Project, 50 percent or more of the cost of the Project is to be paid from state -appropriated funds, then the Agency must comply with the requirements of Section 255.0991, Florida Statutes. g. E-Verify. The Agency shall: i. Utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Agency during the term of the contract; and ii. Expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. h. Design Services and Construction Engineering and Inspection Services. If the Project is wholly or partially funded by the Department and administered by a local governmental entity, except for a seaport listed in Section 311.09, Florida Statutes, the entity performing design and construction engineering and inspection services may not be the same entity. 18. Indemnification and Insurance: a. It is specifically agreed between the Parties executing this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The Agency guarantees the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Agency or any subcontractor, in connection with this Agreement. Additionally, the Agency shall indemnify and hold harmless the State of Florida, Department of Transportation, including the Department's officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Agency and persons employed or utilized by the Agency in the performance of this Agreement. This indemnification shall survive the termination of this Agreement. Additionally, the Agency agrees to include the following indemnification in all contracts with contractors/subcontractors and consultants/subconsultants who perform work in connection with this Agreement: "To the fullest extent permitted by law, the Agency's contractor/consultant shall indemnify and hold harmless the Agency and the State of Florida, Department of Transportation, including the Department's officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the contractor/consultant and Pads Qfl Af 256 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc02/20 persons employed or utilized by the contractor/consultant in the performance of this Agreement. This indemnification shall survive the termination of this Agreement." b. The Agency shall provide Workers' Compensation Insurance in accordance with Florida's Workers' Compensation law for all employees. If subletting any of the work, ensure that the subcontractor(s) and subconsultant(s) have Workers' Compensation Insurance for their employees in accordance with Florida's Workers' Compensation law. If using "leased employees" or employees obtained through professional employer organizations ("PEO's"), ensure that such employees are covered by Workers' Compensation Insurance through the PEO's or other leasing entities. Ensure that any equipment rental agreements that include operators or other personnel who are employees of independent contractors, sole proprietorships, or partners are covered by insurance required under Florida's Workers' Compensation law. c. If the Agency elects to self -perform the Project, then the Agency may self -insure. If the Agency elects to hire a contractor or consultant to perform the Project, then the Agency shall carry, or cause its contractor or consultant to carry, Commercial General Liability insurance providing continuous coverage for all work or operations performed under this Agreement. Such insurance shall be no more restrictive than that provided by the latest occurrence form edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida. The Agency shall cause, or cause its contractor or consultant to cause, the Department to be made an Additional Insured as to such insurance. Such coverage shall be on an "occurrence" basis and shall include Products/Completed Operations coverage. The coverage afforded to the Department as an Additional Insured shall be primary as to any other available insurance and shall not be more restrictive than the coverage afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess policy. The limits of coverage described herein shall apply fully to the work or operations performed under the Agreement, and may not be shared with or diminished by claims unrelated to the Agreement. The policy/ies and coverage described herein may be subject to a deductible and such deductibles shall be paid by the Named Insured. No policy/ies or coverage described herein may contain or be subject to a Retention or a Self -Insured Retention unless the Agency is a state agency or subdivision of the State of Florida that elects to self -perform the Project. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, the Department shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The Department shall be notified in writing within ten days of any cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or coverage described herein. The Department's approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights or defenses the Department may have. d. When the Agreement includes the construction of a railroad grade crossing, railroad overpass or underpass structure, or any other work or operations within the limits of the railroad right- of-way, including any encroachments thereon from work or operations in the vicinity of the railroad right-of-way, the Agency shall, or cause its contractor to, in addition to the insurance coverage required above, procure and maintain Railroad Protective Liability Coverage (ISO Form CG 00 35) where the railroad is the Named Insured and where the limits are not less than $2,000,000 combined single limit for bodily injury and/or property damage per occurrence, and with an annual aggregate limit of not less than $6,000,000. The railroad shall also be added along with the Department as an Additional Insured on the policy/ies procured pursuant to the paragraph above. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, both the Department and the railroad Padd 949�)f 256 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc02/20 shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The insurance described herein shall be maintained through final acceptance of the work. Both the Department and the railroad shall be notified in writing within ten days of any cancellation, notice of cancellation, renewal, or proposed change to any policy or coverage described herein. The Department's approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights the Department may have. e. When the Agreement involves work on or in the vicinity of utility -owned property or facilities, the utility shall be added along with the Department as an Additional Insured on the Commercial General Liability policy/ies procured above. 19. Miscellaneous: a. Environmental Regulations. The Agency will be solely responsible for compliance with all applicable environmental regulations and for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith. b. Non -Admission of Liability. In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. c. Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. d. Agency not an agent of Department. The Agency and the Department agree that the Agency, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement. e. Bonus or Commission. By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. f. Non -Contravention of State Law. Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing so that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the Project. g. Execution of Agreement. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party. h. Federal Award Identification Number (FAIN). If the FAIN is not available prior to execution of the Agreement, the Department may unilaterally add the FAIN to the Agreement without approval of the Agency and without an amendment to the Agreement. If this occurs, an Pads 099 )f 256 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 02/20 updated Agreement that includes the FAIN will be provided to the Agency and uploaded to the Department of Financial Services' Florida Accountability Contract Tracking System (FACTS). Inspector General Cooperation. The Agency agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. j. Law, Forum, and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. The Agency agrees to waive forum and venue and that the Department shall determine the forum and venue in which any dispute under this Agreement is decided. IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year written above. AGENCY St. Lucie County BOCC STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION By: By: Name: Name: Steven C. Braun, P.E. Title: Title: Director of Transportation Development STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION Legal Review: Pad9 O?? )f 256 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc 02/20 EXHIBIT A Project Description and Responsibilities A. Project Description (description of Agency's project to provide context, description of project components funded via this Agreement (if not the entire project)): providing 5311 funding for operating assistance to St. Lucie County BOC for its non -urbanized area public transportation B. Project Location (limits, city, county, map): St. Lucie County BOCC/Fort Pierce, FL/St. Lucie C. Project Scope (allowable costs: describe project components, improvement type/service type, approximate timeline, project schedule, project size): Transfer funding from the Federal Transit Administration's to Subrecipient for the activities listed in attached budget and in the approved Subrecipient grant application. Regular service hours will remain Monday through Friday from 8:00 a.m. through 5:00 p.m., except holidays, for which we provide limited service. Our dispatch operation opens at 4:30 a.m. and closes at 7:00 p.m. or after the last driver is done and has returned to the yard. Our program provides origin to destination (door-to-door) paratransit service to enhance the mobility of residents in the rural areas of our county. The service will provide users various types of trips to include, but not limited to, medical and life -sustaining appointments, their nutritional needs, employment related services and for recreation. D. Deliverable(s): 1) Refer to Exhibit C and Exhibit D of original JPA. 2) Comply with Transparency Act, where applicable. 3) Recipients providing fixed -route service can segregate urbanized and non -urbanized miles based on route maps and allocate system -wide costs accordingly. Drivers' logs can be maintained to segregate mileage or hours inside and outside the urbanized area. 4) Certification verifying adoption of a System Safety Program Plan. 5) Quarterly reports submitted with invoices. 6) Submit invoice every three (3) months, at minimum. 7) A copy of the most recent active CTC agreement. The project scope identifies the ultimate project deliverables. Deliverables for requisition, payment and invoice purposes will be the incremental progress made toward completion of project scope elements. Supporting documentation will be quantifiable, measurable, and verifiable, to allow for a determination of the amount of incremental progress that has been made, and provide evidence that the payment requested is commensurate with the accomplished incremental progress and costs incurred by the Agency. E. Unallowable Costs (including but not limited to): candy, alcohol, decorations, greeting cards, lobbying, personal cell phone, office patties, entertainment, food, fans, coffee pots, portable heaters, refrigerators, microwave ovens, congratulatory telegrams, refreshments, banquets, catering, gifts/flowers, promotional items. F. Transit Operating Grant Requirements (Transit Only): PadJ OAf 256 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc 02/20 Transit Operating Grants billed as an operational subsidy will require an expenditure detail report from the Agency that matches the invoice period. The expenditure detail, along with the progress report, will be the required deliverables for Transit Operating Grants. Operating grants may be issued for a term not to exceed three years from execution. The original grant agreement will include funding for year one. Funding for years two and three will be added by amendment as long as the grantee has submitted all invoices on schedule and the project deliverables for the year have been met. Padg OP)f 256 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc02/20 EXHIBIT B Schedule of Financial Assistance TRANSIT OPERATING ONLY FUNDS AWARDED TO THE AGENCY PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: A. Fund Type and Fiscal Year: Financial Fund FLAIR State Object CSFA/ CSFA/CFDA Title or Funding Project Type Category Fiscal Code CFDA Funding Source Description Amount Number Year Number 407185-3-84-01 DU 088774 2021 780000 20.509 Formula Grants for Rural Areas $58,920 407185-3-84-01 LF 088774 2021 780000 20.509 Formula Grants for Rural Areas $58,920 Total Financial Assistance $117,840 B. Operations Phase - Estimate of Project Costs by Budget Category: Budget Categories Operations (Transit Only) State Local Federal Total Salaries $0 $0 $0 $0 Fringe Benefits $0 $0 $0 $0 Contractual Services $0 $58,920 $58,920 $117,840 Travel $0 $0 $0 $0 Other Direct Costs $0 $0 $0 $0 Indirect Costs $0 $0 $0 $0 Totals $0 $58,920 $58,920 $117,840 * Budget category amounts are estimates and can be shifted between items without amendment (because they are all within the Operations Phase). C. Cost Reimbursement The Agency will submit invoices for cost reimbursement on a: Monthly X Quarterly _ Other: basis upon the approval of the deliverables including the expenditure detail provided by the Agency. BUDGET/COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: I certify that the cost for each line item budget category has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, Florida Statutes. Documentation is on file evidencing the methodology used and the conclusions reached. Paula Scott Department Grant Manager Name Signature Date Padg O�)f 256 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS Occ02120 EXHIBIT D AGENCY RESOLUTION PLEASE SEE ATTACHED Pao 099 )f 256 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc 02/20 EXHIBIT E PROGRAM SPECIFIC TERMS AND CONDITIONS — TRANSIT (Section 5311: Formula Grants for Rural Areas) This exhibit forms an integral part of the Agreement between the Department and the Agency. The Agency, as the "subrecipient", shall comply with the following requirements: 1. Conformance with Enabling Legislation. This Agreement is in conformance with Section 5311 of the Federal Transit Act of 1991, as amended (49 U.S.C. 5311) and Section 341.051(1)(a), F.S. 2. Prevention Programs. The Section 5311 subrecipient shall establish and implement anti -drug and alcohol misuse prevention programs in accordance with the terms of 49 CFR 655, 49 U.S.C. 5331, and 49 CFR 40. 3. Adherence to Certifications and Assurances. The Section 5311 subrecipient shall ensure adherence with all federally required certifications and assurances made in its application to the Department for Section 5311 funds. 4. FTA Compliance. The Section 5311 subrecipient shall at all times comply with all applicable Federal Transit Administration ("FTA") regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between the Department and FTA, as they may be amended or promulgated from time to time during the term of this contract. Failure to comply shall constitute a material breach of this contract. 5. Charter Operation. The Section 5311 subrecipient agrees to comply with 49 U.S.C. 5323(d), (r) and 49 CFR 604, which provide that recipients and subrecipients of FTA assistance are prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except under one of the exceptions at 49 CFR 604.9. Any charter service provided under one of the exceptions must be "incidental," i.e., it must not interfere with or detract from the provision of mass transportation. 6. Exclusive Operation. Pursuant to 69 U.S.C. 5323(f) and 49 CFR 605, the Section 5311 subrecipient of FTA assistance may not engage in school bus operations exclusively for the transportation of students and school personnel in competition with private school bus operators unless qualified under specified exemptions. When operating exclusive school bus service under an allowable exemption, subrecipients may not use federally funded equipment, vehicles, or facilities. 7. Buy America. The Section 5311 subrecipient agrees to comply with Buy America requirements outlined in 49 U.S.C. 53230) and 49 CFR 661, if using the funds granted under this Agreement for rolling stock purchases. The recipient also agrees to comply with the pre -award and post delivery requirements outlined in 49 CFR 661.12. 8. Water Pollution Control. The Section 5311 subrecipient agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, codified at 33 U.S.C. 1251 et seq., as amended, if the agreement exceeds $100,000. 9. Anti -Lobbying. The Section 5311 subrecipient agrees to comply with the requirements pursuant to Byrd Anti - Lobbying Amendment, 31 U.S.C. 1352(b)(5). 10. Bonding Requirements. If this Agreement is for a construction Project over $150,000 the recipient must adhere to FTA's bonding requirements as outlined in the Best Practices Procurement Manual. 11. Clean Air Act. The 5311 subrecipient agrees to comply with applicable standards, orders or regulations issued pursuant to the Clean Air Act, 42 U.S.C. 7401 et seq., as amended, if this Agreement exceeds Pat 34 09E )f 256 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc 02/20 $150,000. 12. Resource Conservation and Recovery Act (RCRA). The 5311 subrecipient agrees to comply with all the requirement of Section 6002 of the Resource Conservation and Recovery Act (RCRA), 49 U.S.C. 6962, as amended, including but not limited to the regulatory provisions of 40 CFR 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR 247. 13. Davis -Bacon and Copeland Anti -kickback. The 5311 subrecipient agrees to comply with the Davis -Bacon and Copeland Anti -kickback Acts as codified at 40 U.S.C. 3141 et seq. and 18 U.S.C. 874 for any agreement exceeding $2,000. 14. Contract Work Hours and Safety Standards. For any contract over $2,000 the 5311 subrecipient agrees to comply with the Contract Work Hours and Safety Standards Act, codified at 40 U.S.C. 3701 et seq. 15. Transit Employee Protective Agreements. The 5311 subrecipient agrees to comply with the Transit Employee Protective Agreements as codified in 49 U.S.C. 5333 and 29 CFR 215. 16. Compliance with FTA Terms and Conditions. The 5311 subrecipient shall not perform any act, fail to perform any act, or refuse to comply with any Department requests which would cause the 5311 subrecipient to be in violation of the FTA terms and conditions. 17. Annual Safety Certification. In accordance with Section 341.061, F.S., and Rule 14-90, Florida Administrative Code, the Agency shall submit, and the Department shall have on file, an annual safety certification stating that the Agency has adopted and is complying with its adopted System Safety and Security Program Plan, and has performed annual safety inspections of all buses operated. 18. Budget/cost analysis. The Agency will assist the Department by providing accurate information for the Department to create a budget/cost analysis in accordance with Section 216.3475, F.S. 19. Non -urbanized area. The Agency will provide the methodology for determining the non -urbanized area portion of their service prior to submitting the first invoice. The Agency will submit an updated methodology once per year. 20. Attorney certification. The Agency will submit an attorney certification prior to submitting the first invoice and once yearly thereafter for goods or services procured under this Agreement in accordance with Chapter 287, F.S. 21. Public Body Non-CTC Recipients. An Agency may receive 5311 funds when the Community Transportation Coordinator in the county is a private -for -profit entity. When the Agency accepts the 5311 funding, enters into a contract/PTGA with the Department, and the contracts with the Community Transportation Coordinator to provide rural general public transportation in the same service area in which the Community Transportation Coordinator is providing non -sponsored trips for the Commission for the Transportation Disadvantaged, then the non -sponsored human service transportation grant funds will be considered as eligible match for the 5311 funds. The Agency will be responsible for ensuring that the Community Transportation Coordinator meets all the requirements associated with the federal funds. The Agency will be responsible for ensuring that all dollars provided as match were for public transportation eligible trips. The Agency must keep financial records that substantiate the eligibility for the match being provided and make that documentation available to the Department on request. 22. Transit Vehicle Inventory Management. The Agency will follow the Department's Transit Vehicle Inventory Management Procedure (725-030-025i), which outlines the requirements for continuing management control, inventory transfer and disposal actions. This procedure pertains ONLY to capital procurements of rolling stock using the FTA Section 5310, Section 5311, Section 5316, and Section 5317 programs as the funding source, or where the Department participates in 50% or more of the public transit vehicle's purchase price. Pac3� O�)f 256 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS Occ02120 This may include vehicles purchased under the State Transit Block Grant Program, State Transit Corridor Program, State Transit Service Development Program, or other applicable Department programs. -- End of Exhibit E -- Paj� OP)f 256 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc 02/20 EXHIBIT F Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being provided. Listed below are types and examples of supporting documentation for cost reimbursement agreements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Contracts between state agencies, and/or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address https://www.m)dloridacfo.com/Division/AA/Manuals/documents/ReferenceGuideforStateExpenditures.pdf. Pao 099 )f 256 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS Occ02120 EXHIBIT H AUDIT REQUIREMENTS FOR AWARDS OF FEDERAL FINANCIAL ASSISTANCE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: CFDA No.: 20.509 CFDA Title: Formula Grants for Rural Areas *Award Amount: $58,920 Awarding Agency: Florida Department of Transportation Indirect Cost Rate: **Award is for R&D: No *The federal award amount may change with amendments **Research and Development as defined at 2 CFR §200.87 FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE SUBJECT TO THE FOLLOWING AUDIT REQUIREMENTS: 2 CFR Part 200 — Uniform Administrative Requirements, Cost Principles & Audit Requirements for Federal Awards www.ecfr.gov FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT MAY ALSO BE SUBJECT TO THE FOLLOWING: Title 23 — Highways, United States Code httD://uscode. house.aov/browse.xhtm I Title 49 — Transportation, United States Code http://uscode.house.gov/browse.xhtmi MAP-21 — Moving Ahead for Progress in the 21st Century, P.L. 112-141 www.dot.gov/map21 Federal Highway Administration — Florida Division www.fhwa.dot.gov/fldiv Federal Funding Accountability and Transparency Act (FFATA) Sub -award Reporting System (FSRS) www.fsrs.gov Pa�§ 09c )f 256 1�r E ___ AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Murriah Dekle, Transit Division Director SUBMITTED BY: Transit Division 8.C.3. RES-2021-10 CONSENTAGENDA- COMMUNITY SERVICES DATE: 1/12/2021 *RESOLUTION ITEM - GRANT ACCEPTANCE QUASI-JUDICIAL ITEM? NO SUBJECT: Authorization Resolution - Corridor Development Grant Amendment - FDOT (Florida Department of Transportation) BACKGROUND: In July of 2019, the St. Lucie County Board of County Commissioners approved the St. Lucie County Transit Development Plan (TDP) Major Update. The TDP serves as a guiding document and contains a list of prioritized projects for the transit program. The project list includes capital and operating investments such as new service routes, expansion of service and enhanced infrastructure. The County's existing Route 7 was identified as early as 2009 in the TDP for regional economic integration by providing a cross -county connectivity. Route 7 was implemented in 2015 and is currently on the fourth iteration of route modifications, which has resulted in a slight ridership growth and enhanced regional connectivity. The Florida Department of Transportation (FDOT) Corridor Development Program (CDP) is designed to relieve congestion and improve capacity within an identified transportation corridor by increasing the people carrying capacity of the transportation systems through the use of high occupancy conveyances. In St. Lucie County, the CDP is intended to strengthen the initial project with improved efficiencies and increased ridership. The CDP covers up to 100% of the total eligible cost of the project. The FDOT has originally allocated funds in the total project cost amount of $180,000, which does not require a local match. The FDOT has increased the total project cost to $360,000 and the new expiration date is 12/31/2022 (previously 12/31/2021). PREVIOUS ACTION: Original grant was approved by the Board on 11/19/2019 (agenda item# 8.D.8). Contract# C19-12-1034. FINANCIAL IMPACT: Page 131 of 256 Budget will increase by $180,000. Revenue: 130241-4410-334493-440000 - $180,000 Expense: 130241-4410-534000-440000 - $160,000 130241-4410-534000-440000 - $20,0000 RECOMMENDATION: Staff recommends Board acceptance of the authorizing resolution and Public Transportation Grant Agreement Amendment ($180,000.00) for the FDOT Corridor Development Program (FM#444664-1-84- 1/Grant G11-157); and authorization for the Chair to sign documents, as approved by the County Attorney. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Au,w C Inlm� Diana Wesloski, Community Services Director Daniel McIntyre, County Attorney Date: December 09, 2020 Date: December 09, 2020 Date: December 11, 2020 Jennifer Hill, Office of Management & Budget Director Date: December 14, 2020 Alphonso Jefferson, Deputy County Administrator Page 132 of 256 Page 133 of 256 Financial Project Number(s): (item -segment -phase -sequence) 444664-1-84-1 Contract Number: CFDA Number: CFDA Title: CSFA Number: CSFA Title: G1H57 N/A N/A 55.013 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION AMENDMENT TO THE PUBLIC TRANSPORTATION GRANT AGREEMENT Fund(s): Work Activity Code/Function: Federal Number/Federal Award Identification Number (FAIN) — Transit only: Federal Award Date: Agency DUNS Number: Transit Corridor Development Program 215 Form 725-000-03 STRATEGIC DEVELOPMENT OGC 11/19 DPTO FLAIR Category: 088774 /+� NL' 1�F1• Object Code: 751000 Org. Code: 55042010429 Vendor Number: VF5960000835079 Amendment No.: 1 THIS AMENDMENT TO THE PUBLIC TRANSPORTATION GRANT AGREEMENT ("Amendment') is made and entered into on , by and between the State of Florida, Department of Transportation ("Department'), and St. Lucie County BOCC, ("Agency"), collectively referred to as the "Parties." RECITALS WHEREAS, the Department and the Agency on 12/6/2019 (date original Agreement entered) entered into a Public Transportation Grant Agreement ("Agreement'). WHEREAS, the Parties have agreed to modify the Agreement on the terms and conditions set forth herein. NOW THEREFORE, in consideration of the mutual covenants in this Amendment, the Agreement is amended as follows: 1. Amendment Description. The project is amended to provide additional operating funds for the Lakewood Park Regional Transit Route and extend the project end date to 12/31/2022. 2. Program Area. For identification purposes only, this Agreement is implemented as part of the Department program area selected below (select all programs that apply): _ Aviation Seaports X Transit _ Intermodal Rail Crossing Closure Match to Direct Federal Funding (Aviation or Transit) (Note: Section 15 and Exhibit G do not apply to federally matched funding) Other 3. Exhibits. The following Exhibits are updated, attached, and incorporated into this Agreement: X Exhibit A: Project Description and Responsibilities X Exhibit B: Schedule of Financial Assistance _ *Exhibit B1: Deferred Reimbursement Financial Provisions *Exhibit B2: Advance Payment Financial Provisions _ *Exhibit C: Terms and Conditions of Construction X Exhibit D: Agency Resolution Exhibit E: Program Specific Terms and Conditions Exhibit F: Contract Payment Requirements X *Exhibit G: Financial Assistance (Single Audit Act) *Exhibit H: Audit Requirements for Awards of Federal Financial Assistance Page I A 16f 256 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-03 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT AMENDMENT TO THE PUBLIC TRANSPORTATION Occ11/19 GRANT AGREEMENT *Additional Exhibit(s): 4. Project Cost. The estimated total cost of the Project is X increased/ _ decreased by $180,000 bringing the revised total cost of the project to $360,000. The Department's participation is X increased/ _ decreased by $180,000. The Department agrees to participate in the Project cost up to the maximum amount of $360,000, and, additionally the Department's participation in the Project shall not exceed 100.00% of the total eligible cost of the Project. Except as modified, amended, or changed by this Amendment, all of the terms and conditions of the Agreement and any amendments thereto shall remain in full force and effect. IN WITNESS WHEREOF, the Parties have executed this Amendment on the day and year written above. AGENCY St. Lucie County STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION BOCC By: By: Name: Name: Steven C. Braun, P.E. Title: Title: Director of Transportation Development STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION Legal Review: Page a g �f 256 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS occ02120 EXHIBIT A Project Description and Responsibilities A. Project Description (description of Agency's project to provide context, description of project components funded via this Agreement (if not the entire project)): to provide additional operating funds for the Lakewood Park Regional Transit Route and extend the project end date to 12/31/2022. B. Project Location (limits, city, county, map): St. Lucie County BOCC/Fort Pierce, FL/St. Lucie C. Project Scope (allowable costs: describe project components, improvement type/service type, approximate timeline, project schedule, project size): "As funding allows, this program will consider improvements on facilities designed to prevent them from becoming constrained. Transit Corridor Project is defined as a project identified in a Transit Development Plan, Congestion Management System, or other formal study undertaken by a public agency designed to relieve congestion and improve capacity within an identified corridor, by increasing people carrying capacity through the use and facilitated movement of high occupancy conveyances. Capital costs may include rolling stock, the purchase of land and right of way, construction and installation of facilities, and corridor road improvements such as turn lanes, traffic controls and high occupancy lanes. Operational costs may include pre -service reparations, operating deficits, marketing, administration, security and traffic control, equipment leases, commuter transportation services, carpool and/or vanpool activities, and other demand management strategies." D. Deliverable(s): transit service The project scope identifies the ultimate project deliverables. Deliverables for requisition, payment and invoice purposes will be the incremental progress made toward completion of project scope elements. Supporting documentation will be quantifiable, measurable, and verifiable, to allow for a determination of the amount of incremental progress that has been made, and provide evidence that the payment requested is commensurate with the accomplished incremental progress and costs incurred by the Agency. E. Unallowable Costs (including but not limited to): candy, alcohol, decorations, greeting -cards, lobbying, personal cell phone, office parties, entertainment, food, fans, coffee pots, portable heaters, refrigerators, microwave ovens, congratulatory telegrams, refreshments, banquets, catering, gifts, flowers, or promotional items. F. Transit Operating Grant Requirements (Transit Only): Transit Operating Grants billed as an operational subsidy will require an expenditure detail report from the Agency that matches the invoice period. The expenditure detail, along with the progress report, will be the required deliverables for Transit Operating Grants. Operating grants may be issued for a term not to exceed three years from execution. The original grant agreement will include funding for year one. Funding for years two and three will be added by amendment as long as the grantee has submitted all invoices on schedule and the project deliverables for the year have been met. Page � 36 �f 256 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS occ02/20 EXHIBIT B Schedule of Financial Assistance TRANSIT OPERATING ONLY FUNDS AWARDED TO THE AGENCY PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: A. Fund Type and Fiscal Year: Financial Fund FLAIR State Object CSFA/ CSFA/CFDA Title or Funding Project Type Category Fiscal Code CFDA Funding Source Description Amount Number Year Number 444664-1-84-1 DPTO 088774 2020 751000 55.013 Transit Corridor Development Program $180,000 444664-1-84-1 DPTO 088774 2021 751000 55.013 Transit Corridor Development Program $180,000 Total Financial Assistance $360,000 B. Operations Phase - Estimate of Project Costs by Budget Category: Budget Categories Operations (Transit Only) State Local Federal Total Salaries $28,000 $0 $0 $28,000 Fringe Benefits $12,000 $0 $0 $12,000 Contractual Services $320,000 $0 $0 $320,000 Travel $0 $0 $0 $0 Other Direct Costs $0 $0 $0 $0 Indirect Costs $0 $0 $0 $0 Totals $360,000 $0 $0 $360,000 * Budget category amounts are estimates and can be shifted between items without amendment (because they are all within the Operations Phase). C. Cost Reimbursement The Agency will submit invoices for cost reimbursement on a: Monthly X Quarterly _ Other: basis upon the approval of the deliverables including the expenditure detail provided by the Agency. BUDGET/COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: certify that the cost for each line item budget category has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, Florida Statutes. Documentation is on file evidencing the methodology used and the conclusions reached. Jayne Pietrowski Department Grant Manager Name Signature Date Page4016f 256 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc02/20 EXHIBIT D AGENCY RESOLUTION PLEASE SEE ATTACHED Page � M & 256 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS Occ02/20 EXHIBIT G AUDIT REQUIREMENTS FOR AWARDS OF STATE FINANCIAL ASSISTANCE THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97, FLORIDA STATUTES: — Awarding Agency: Florida Department of Transportation State Project Title: Transit Corridor Development Program CSFA Number: 55.013 *Award Amount: $360,000 *The award amount may change with amendments Specific project information for CSFA Number 55.013 is provided at: https://apps.fldfs.com/fsaa/searchCatalog.aspx COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS ArRFFMFAIT- State Project Compliance Requirements for CSFA Number 55.013 are https://apps.fldfs.com/fsaa/searchCompliance.aspx The State Projects Compliance Supplement is provided at: https://apps.fldfs.com/fsaa/compliance.aspx provided at: Page 01 30 I6f 256 RESOLUTION NO. 21- A RESOLUTION ACCEPTING THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT AMENDMENT (FINANCIAL PROJECT NO. 444664-1-84-1/GRANT G11­157) TO PROVIDE FUNDING ASSISTANCE TO ST. LUCIE COUNTY FOR PUBLIC TRANSPORTATION OPERATING SERVICES AND AUTHORIZING THE CHAIR TO EXECUTE THE AGREEMENT AMENDMENT AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENT AMENDMENT BY APPROVING IT AS TO FORM AND CORRECTNESS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Florida Department of Transportation has awarded the County funding assistance for the public transportation system (Financial Project No. 444664-1-84- 1/Grant G1 H57). 2. The Board should authorize and approve execution of the Public Transportation Grant Agreement Amendment with the State of Florida Department of Transportation for the above -referenced project. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board hereby accepts and approves the Public Transportation Grant Agreement Amendment with the State of Florida (Financial Project No. 444664-1-84- 1/Grant G1 H57) to provide funding assistance to St. Lucie County for public transportation operating services. 2. The Board hereby authorizes the Chair to execute the above -referenced agreement amendment and further authorizes the County Attorney to execute the agreement amendment by approving it as to form and correctness. 1 Page 140 of 256 After motion and second, the vote on the resolution was as follows: Chair Chris Dzadovsky XX Vice -Chair Sean Mitchell XX Commissioner Linda Bartz XX Commissioner Frannie Hutchinson XX Commissioner Cathy Townsend XX PASSED AND DULY ADOPTED this 12t" day of January 2021. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY 0 Page 141 of 256 r Luc a- AGENDA REQUEST 0 TO: Board of County Commissioners PRESENTED BY: Murriah Dekle, Transit Division Director SUBMITTED BY: Transit Division 8.C.4. RES-2021-11 CONSENT AGENDA - COMMUNITY SERVICES DATE: 1/12/2021 *RESOLUTION ITEM - GRANT ACCEPTANCE QUASI-JUDICIAL ITEM? NO SUBJECT: Authorization Resolution - US1 Frequency Grant Amendment FDOT (Florida Department of Transportation) Service Development Grant BACKGROUND: In July of 2019, the St. Lucie County Board of County Commissioners adopted the St. Lucie County Transit Development Plan (TDP) Major Update. The TDP serves as a guiding document and contains a list of prioritized projects for the transit program. The project list includes capital and operating investments such as new service routes, expansion of service and enhanced infrastructure. The county's Route 1 was identified in the TDP for increased frequencies to improve services. The increased frequencies for Route 1 began in March 2019 and now service is provided every thirty minutes, in lieu of the previous one -hour service. Until March of 2020, Route 1 was the only north -south fixed route in the county. The Florida Department of Transportation Service Development Program (SDP) is designed to provide initial funding to public transit projects with new or innovative techniques to improve system efficiencies, ridership or revenues. The SDP covers up to 50 percent of the capital, marketing and net operating costs. The Florida Department of Transportation (FDOT) multiple years total project cost is $800,000 (FDOT portion is $400,000 and local match is $400,000). This year total project cost $400,000 (FDOT portion $200,000 and local match $200,000). PREVIOUS ACTION: The original grant was approved by the Board on 11/19/2019 (agenda item# 8.D.7). Contract #C19-12-1033. FINANCIAL IMPACT: The Transit Division budget is increasing by $200,000.00. Page 142 of 256 Expense: 001613-4410-534000-440000 RECOMMENDATION: Staff recommends Board acceptance of the authorizing resolution and public transportation grant agreement amendment for the Florida Department of Transportation Service Development Grant (FM#442568-1-84- 01/G1H55); and authorization for the Chair to sign documents as approved by the County Attorney. This year total project cost $400,000.00 (FDOT portion $200,000.00 and local match $200,000.00). COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures ,(,h44w C Inl9-y� Diana Wesloski, Community Services Director Date: December 09, 2020 Date: December 09, 2020 Jennifer Hill, Office of Management & Budget Director Date: December 09, 2020 Daniel McIntyre, County Attorney Date: December 10, 2020 Alphonso Jefferson, Deputy County Administrator Page 143 of 256 Financial Project Number(s): (item -segment -phase -sequence) 442568-1-84-01 Contract Number: CFDA Number: CFDA Title: CSFA Number: CSFA Title: G1H55 N/A N/A 55.012 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION AMENDMENT TO THE PUBLIC TRANSPORTATION GRANT AGREEMENT Fund(s): Work Activity Code/Function: Federal Number/Federal Award Identification Number (FAIN) — Transit only: Federal Award Date: Agency DUNS Number: Public Transit Service Development Program 215 Form 725-000-03 STRATEGIC DEVELOPMENT OGC 11/19 DDR FLAIR Category: 088774 /+� NL' 1�F1• Object Code: 751000 Org. Code: 55042010429 Vendor Number: VF5960000835079 Amendment No.: 1 THIS AMENDMENT TO THE PUBLIC TRANSPORTATION GRANT AGREEMENT ("Amendment") is made and entered into on , by and between the State of Florida, Department of Transportation ("Department"), and St. Lucie County BOCC, ("Agency"), collectively referred to as the "Parties." RECITALS WHEREAS, the Department and the Agency on 12/6/2019 (date original Agreement entered) entered into a Public Transportation Grant Agreement ("Agreement'). WHEREAS, the Parties have agreed to modify the Agreement on the terms and conditions set forth herein. NOW THEREFORE, in consideration of the mutual covenants in this Amendment, the Agreement is amended as follows: 1. Amendment Description. The project is amended by adding the third year of funding for US1 fixed route operating improvements and changing the project end date to 12/31/2022. 2. Program Area. For identification purposes only, this Agreement is implemented as part of the Department program area selected below (select all programs that apply): _ Aviation Seaports X Transit _ Intermodal Rail Crossing Closure Match to Direct Federal Funding (Aviation or Transit) (Note: Section 15 and Exhibit G do not apply to federally matched funding) Other 3. Exhibits. The following Exhibits are updated, attached, and incorporated into this Agreement: X Exhibit A: Project Description and Responsibilities X Exhibit B: Schedule of Financial Assistance _ *Exhibit B1: Deferred Reimbursement Financial Provisions *Exhibit B2: Advance Payment Financial Provisions _ *Exhibit C: Terms and Conditions of Construction X Exhibit D: Agency Resolution Exhibit E: Program Specific Terms and Conditions Exhibit F: Contract Payment Requirements X *Exhibit G: Financial Assistance (Single Audit Act) *Exhibit H: Audit Requirements for Awards of Federal Financial Assistance Page 1144 & 256 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-03 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT AMENDMENT TO THE PUBLIC TRANSPORTATION Occ11/19 GRANT AGREEMENT *Additional Exhibit(s): 4. Project Cost. The estimated total cost of the Project is X increased/ _ decreased by $400,000 bringing the revised total cost of the project to $800,000. The Department's participation is X increased/ _ decreased by $200,000. The Department agrees to participate in the Project cost up to the maximum amount of $400,000, and, additionally the Department's participation in the Project shall not exceed 50.00% of the total eligible cost of the Project. Except as modified, amended, or changed by this Amendment, all of the terms and conditions of the Agreement and any amendments thereto shall remain in full force and effect. IN WITNESS WHEREOF, the Parties have executed this Amendment on the day and year written above. AGENCY St. Lucie County STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION BOCC By: By: Name: Name: Steven C. Braun, P.E. Title: Title: Director of Transportation Development STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION Legal Review: Page a ,P� & 256 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS Occ02120 EXHIBIT A Project Description and Responsibilities A. Project Description (description of Agency's project to provide context, description of project components funded via this Agreement (if not the entire project)): additional third year of funding for US1 fixed route operating improvements and extension of the project end date to 12/31/2022. B. Project Location (limits, city, county, map): St. Lucie County BOCC/Fort Pierce, FL/St. Lucie C. Project Scope (allowable costs: describe project components, improvement type/service type, approximate timeline, project schedule, project size): "Service Development Projects specifically include projects involving the use of new technologies, services, routes, or vehicle frequencies; the purchase of special transportation services, and other such techniques for increasing service to the riding public as are applicable to specific localities and transit user groups. Projects involving the application of new technologies or methods for improving operations, maintenance, and marketing in public transit systems can be funded through the Service Development program. Eligible capital costs are any costs that would be defined as capital costs by the Federal Transit Administration. Examples would include, but not be limited to: the acquisition of buses for fleet and service expansions; transfer facilities; intermodal terminals and park and ride facilities; and passenger amenities, such as passenger shelters and bus stop signs. Eligible net operating costs are all operating costs of a project; less any federal funds, fares, or other sources of income to the project." D. Deliverable(s): transit service The project scope identifies the ultimate project deliverables. Deliverables for requisition, payment and invoice purposes will be the incremental progress made toward completion of project scope elements. Supporting documentation will be quantifiable, measurable, and verifiable, to allow for a determination of the amount of incremental progress that has been made, and provide evidence that the payment requested is commensurate with the accomplished incremental progress and costs incurred by the Agency. E. Unallowable Costs (including but not limited to): candy, alcohol, decorations, greeting -cards, lobbying, personal cell phone, office parties, entertainment, food, fans, coffee pots, portable heaters, refrigerators, microwave ovens, congratulatory telegrams, refreshments, banquets, catering, gifts, flowers, or promotional items. F. Transit Operating Grant Requirements (Transit Only): Transit Operating Grants billed as an operational subsidy will require an expenditure detail report from the Agency that matches the invoice period. The expenditure detail, along with the progress report, will be the required deliverables for Transit Operating Grants. Operating grants may be issued for a term not to exceed three years from execution. The original grant agreement will include funding for year one. Funding for years two and three will be added by amendment as long as the grantee has submitted all invoices on schedule and the project deliverables for the year have been met. Page �46 & 256 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS occ02/20 EXHIBIT B Schedule of Financial Assistance TRANSIT OPERATING ONLY FUNDS AWARDED TO THE AGENCY PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: A. Fund Type and Fiscal Year: Financial Project Number Fund Type FLAIR Category State Fiscal Year Object Code CSFA/ CFDA Number CSFA/CFDA Title or Funding Source Description Funding Amount Public Transit Service Development 442568-1-84-01 DDR 088774 2021 751000 55.012 Program $200,000 442568-1-84-01 LF 2021 $200,000 442568-1-84-01 DPTO 088774 2020 751000 55.012 Public Transit Service Development $200,000 Program 442568-1-84-01 LF 2020 $200,000 Total Financial Assistance $800,000 B. Operations Phase - Estimate of Project Costs by Budget Category: Budget Categories Operations (Transit Only) State Local Federal Total Salaries $0 $0 $0 $0 Fringe Benefits $0 $0 $0 $0 Contractual Services $400,000 $400,000 $0 $800,000 Travel $0 $0 $0 $0 Other Direct Costs $0 $0 $0 $0 Indirect Costs $0 $0 $0 $0 Totals $400,000 $400,000 $0 $800,000 Budget category amounts are estimates and can be shifted between items without amendment (because they are all within the Operations Phase). C. Cost Reimbursement The Agency will submit invoices for cost reimbursement on a: _ Monthly X Quarterly _ Other: basis upon the approval of the deliverables including the expenditure detail provided by the Agency. BUDGET/COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: certify that the cost for each line item budget category has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, Florida Statutes. Documentation is on file evidencing the methodology used and the conclusions reached. Jayne Pietrowski Department Grant Manager Name Signature Date Page 40 & 256 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc02120 Page �49 bf 256 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc02/20 EXHIBIT D AGENCY RESOLUTION PLEASE SEE ATTACHED Page q O bf 256 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS Occ02/20 EXHIBIT G AUDIT REQUIREMENTS FOR AWARDS OF STATE FINANCIAL ASSISTANCE THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97, FLORIDA STATUTES: — Awarding Agency: Florida Department of Transportation State Project Title: Public Transit Service Development Program CSFA Number: 55.012 *Award Amount: $400,000 *The award amount may change with amendments Specific project information for CSFA Number 55.012 is provided at: https://apps.fldfs.com/fsaa/searchCatalog.aspx COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS ArRFFMFAIT- State Project Compliance Requirements for CSFA Number 55.012 are https://apps.fldfs.com/fsaa/searchCompliance.aspx The State Projects Compliance Supplement is provided at: https://apps.fldfs.com/fsaa/compliance.aspx provided at: Page A 10 & 256 RESOLUTION NO. 21- A RESOLUTION ACCEPTING THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT AMENDMENT (FINANCIAL PROJECT NO. 442568-1-84-01/GRANT G11­155) TO PROVIDE FUNDING ASSISTANCE TO ST. LUCIE COUNTY FOR PUBLIC TRANSPORTATION OPERATING SERVICES AND AUTHORIZING THE CHAIR TO EXECUTE THE AGREEMENT AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENT AMENDMENT BY APPROVING IT AS TO FORM AND CORRECTNESS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Florida Department of Transportation has awarded the County funding assistance public transportation system (Financial Project No. 442568-1-84-01/Grant G1 H55). 2. The Board should authorize and approve execution of the Public Transportation Grant Agreement Amendment with the State of Florida Department of Transportation for the above -referenced project. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board hereby accepts and approves the Public Transportation Grant Agreement Amendment with the State of Florida (Financial Project No. 442568-1-84- 01/Grant G1 H55) to provide funding to provide funding assistance to St. Lucie County for public transportation operating services. 2. The Board hereby authorizes the Chair to execute the above -referenced agreement and further authorizes the County Attorney to execute the agreement by approving it as to form and correctness. 1 Page 151 of 256 After motion and second, the vote on the resolution was as follows: Chair Chris Dzadovsky XX Vice -Chair Sean Mitchell XX Commissioner Linda Bartz XX Commissioner Frannie Hutchinson XX Commissioner Cathy Townsend XX PASSED AND DULY ADOPTED this 12t" day of January 2021. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY 0 Page 152 of 256 1�r E ___ AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Summer Ivey -Platt, Parks & Special Facilities Manager SUBMITTED BY: Parks & Recreation SUBJECT: 2021 Civil War Re -Enactment Waiver Request BACKGROUND: 8.D.1. 2020-51117 CONSENT AGENDA -PARKS & RECREATION DATE: 1/12/2021 *ACTION ITEM - WAIVER OF FEES In 2001, the Raid of Fort Pierce Civil War Re -Enactment was established to provide education about the Civil War to the local community and schools. The Sons of Confederate Veterans participate in many similar events throughout the State of Florida and have agreed to sponsor this event. The re-enactment stages a fictional battle that includes a living history day and period correct demonstrations such as artillery, cooking, blacksmithing, uniforms, authentic camping and mounted cavalry. The first day of the event is a living history school day open to all Treasure Coast schools and daycare centers. PREVIOUS ACTION: On February 14, 2020 the Board approved the waiver for $1200.00 for open space rental fees the Civil War Re-enactment scheduled for March 13-15, 2020. FINANCIAL IMPACT: The County will forego the open space rental fee of $1,200.00 to the User Fees revenue account (001-7215- 347221-7220), if the waiver is approved. RECOMMENDATION: Staff recommends Board authorization to waive $1,200.00 in open space rental fees for the 2020 Raid on Fort Pierce Re -Enactment to be held at the Savannas Recreation Area on March 12-14, 2021 as outlined in this agenda memorandum and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: RESULT: Page 153 of 256 MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: December 11, 2020 Matthew Baum, Parks & Special Facilities Manager Office of Management and Budget �V Jennifer Hill, Office of Management & Budget Director Daniel McIntyre, County Attorney Alphonso Jefferson, Deputy County Administrator Date: December 14, 2020 Date: December 14, 2020 Date: December 14, 2020 Date: December 14, 2020 Page 154 of 256 Sons of Confederate Veterans Pvt. George W. Thornas •, t Camp 1595 r {' Fart Pierce. Florid £art No= FWd% ti Florida Division Sons of Confederate Veterans Thursday, September 3, 2020 The Private George W. Thomas, Camp 1595, of Fort Pierce, is a camp of decedents of Confederate Soldiers. The Sons of Confederate Veterans were charged by Gen. Stephen Dill Lee in 1906, "To you, Sons of Confederate Veterans, we submit the vindication of the Cause for which we fought; to your strength will be given the defense of the Confederate soldier's good name, the guardianship of his history, the emulation of his virtues, the perpetuation of those principles he loved and which made him glorious and which you also cherish. Remember, it is your duty to see that the true history of the South is presented to future generations!" Lt. General Stephen Dill Lee, Commanding General, United Confederate Veterans Therefore the SCV Private G. W. Thomas Camp in keeping with preserving our history and perpetuating the good name and Honour of our Confederate Ancestors we will proudly host the Raid On Fort Pierce, the only battle this far south on the east coast of Florida. As the sponsor we will provide for the education of the Counties Home and Public School Students during the annual School Days prior to the event. The Private Geo. W. Thomas Camp 1595, is a not for profit organization under IRS EIN Number 59-375-2189, and Florida State Tax Certificate # 85- 8013710088C-3. We proudly honour the War Between the States 1501h year, Sesquicentennial with this event, and the men who fought on both sides, to make Fort Pierce and Florida the place we know today. The camp is composed of only 20 men and 19 ladies the Order of the confederate Rose. We hold our meetings over Dinner at the American Legion Post 40 Fort Pierce, Fl. The Fort Pierce Raid has ongoing for 19 years with great results for education of young and old alike. The raid committee in conjunction with the SCV will try to maintain this, the only battle on the southeast coast, and I restate this as it is a very important point. The students of St Lucie County, Indian River, Martin, Palm Beach and as far away as the city of Vierra, have a very unique opportunity to view life in St. Lucie in 1860..Fort Pierce did not play a major role in this war but men such as John Enos Fultz came back to St. Lucie County to become officers of the county, Mr. Fultz served as the first count Court Clerk in 1905. George W. Thomas the Camps' name sake was the oldest Living Confederate Veterans in Saint Lucie County when he died in 1934, age 97. We host school days on Friday, with some 1200 students from local and private schools attending. The school day program consists of 12 stations both Confederate and Federal Infantry impressions, Medical, Recruiting Service, Artillery, Cavalry, and female civilian life. The re -enactors which volunteer their time and equipment for these schools, do it to benefit the educational process of the school system, to educate the students as to the costliest war with over 600,000 killed on both sides. The students are given a ticket to return Saturday or Sunday with an adult. The activity allows both students and spectators to observe life in the years 1861-1865, closely observing both soldiers, civilian's life and hardships during this time. Therefore we are requesting the fees be waived for the weekend of the 12tt' 13tt' 14th of March 2021 and any additional consideration be given to this under taking as we are a Fort Pierce, St Lucie County, not for profit organization. Feel free to contact me about the War Between the States battle held in Fort Pierce's Savanna's County Park, Jim Odell 772-318-8258 Your Humble Servant, James B Odell Jr, Commander Page 155 of 256 S J = St. Lucie County Savannas 'COUNTY1400 E. Midway Rd. Ft. Pierce, FI. 34982 772-464-7855 Date: December 11, 2020 Wendy Clark, Campground Specialist Event: Civil War Re -Enactment Event Date: March 12-14, 2021 Contact Name: Jim Odell Address: 1619 Norman Drive, Melbourne, FL 32901 Telephone: 772-318-8258 Fax: Email Address: thejdawg569 2000(cDyahoo.com Facility Rental: Wilderness Area Personnel: Custodian Event Specialist Requested Waiver Prepared By: Wendy Clark ESTIMATE OF FEES: $600 x 2 days Total Facility Rental Fees 20 hours @ $18.00/hour 8 hours @ $25/hour Total Estimated Personnel Fees Telephone:772-464-7855 Email: clarkw@stlucieco.org Fees $1.200.00 $1,200.00 $360.00 $200.00 $560.00 TOTAL PRETAX FEES $1,760.00 Sales Tax 7% TIE TOTAL FEES $1,760.00 $1,200.00 Lessee Initials Page 156 of 256 AJ i h. f 19TH ANNUAL tr ir> ON FoRT PIER E P r VING HISTORY & REENACT - MARCH 13TH-14TH 2O21 SAVANNA'S RECREATIONAL AREA, 1400 EAST MIDWAY ROAD IN FORT PIERCE * Admission, $5 each children under 5, free. ,{ PARKING IS FREE 4�y� GATES OPEN AT 9AM, BATTLES 1:30 PM SAT 1 :30PM SUNDAY THE DAY BEFORE THE REENACTMENTS, ON MAR. 1 2TH, THERE WILL BE A LIVING HISTORY SCHOOL DAY FROM 9 TO 1 PM. AT THE SAME LOCATION, DEMONSTRATIONS FOR STUDENTS OF ARTILLERY, INFANTRY, PERIOD COOKING, BLACKSMITH, UNIFORMS, AUTHENTIC CAMPS, CALVARY AND MORE. FOR MORE INFORMATION CONTACT.JIM ODELL thejdawg569_2000@yahoo.com 772-318-8258 Proceeds help Fund the Raid On Fort Pierce & Sons of Confederate Veterans, Pvt. George W. Thomas Camp 1595 for procurement of CSS Hunley awards to outstanding ROTC Cadets. Our Camp maintains headstones and placement for Soldiers, teach history in schools and private organizations, and keep Our American heritage and patriotism Alive Sponsored by the Sons of Confederate Veterans, Pvt. George W. Thomas Camp 1595 Fort Pierce Florida ma https://www.facebook.com/FTPierceRaid?ref=hl Page 157 of 256 r Luc a- AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Summer Ivey -Platt, Parks & Special Facilities Manager SUBMITTED BY: Parks & Recreation SUBJECT: Southern Things for Little Wings Waiver Request 2021 BACKGROUND: 8.D.2. 2020-51118 CONSENT AGENDA -PARKS & RECREATION DATE: 1/12/2021 *ACTION ITEM - WAIVER OF FEES Southern Things for Little Wings is a 501(C)(3) organization in St. Lucie County. It was established in December 2019 to help raise awareness and funds to support families affected by Congenital Diaphragmatic Hernias (CDH) in children. A portion of the funds go to CDH International so they can continue their medical research program. CDH International is currently the only organization that funds research into Congenital Diaphragmatic Hernia. Funds are awarded through the Hawk Buchmeyer Scholarship which is awarded to St. Lucie County 4H students. This scholarship fund is in memory of Hawk Buchmeyer, the child of the organization's founders. The funds can be requested to assist of St. Lucie County residents with assistance in paying for medical and final expenses for the families of children affected by Congenital Diaphragmatic Hernia. PREVIOUS ACTION: N/A FINANCIAL IMPACT: The County will forego the open space rental fee of $300.00 to the User Fees revenue account (001-7215- 347221-7420), if the waiver is approved. The organization has agree to reimburse the County $969.00 for staffing and other event related expenses. RECOMMENDATION: Page 158 of 256 Staff recommends authorization to waive $300.00 in open space rental fees for the 2021 Southern Things for Little Wings Car Show to be held at the St. Lucie County Fairgrounds on January 16, 2021 as outlined in this agenda memorandum and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: December 11, 2020 Matthew Baum, Parks & Special Facilities Manager Jennifer Hill, Office of Management & Budget Director Daniel McIntyre, County Attorney Alphonso Jefferson, Deputy County Administrator Date: December 14, 2020 Date: December 14, 2020 Date: December 14, 2020 Page 159 of 256 Southern Things for Little Wings Inc (Nonprofit) ilk Greetings, We are writing this letter in hopes that you waive the facility fees for our Southern Things for Little Wings Inc Car Show. Southern Things for Little Wings Inc, established December 2019, is a local 501c3 organization. This organization was created in honor of our late son Hawk. We raise funds and awareness to support The Hawk Buchmeyer Scholarship. We also assist families of minors with medical bills all while raising awareness for Congenital Diaphragmatic Hernias. A portion of all funds raised is sent to CDH International so they can continue funding their medical research program. Currently, they are the only organization who funds the research for CDH. In the last year, we have started The Hawk Buchmeyer Scholarship which has requirements which are as follows: 1) Must be a St. Lucie County resident 2) Must have a 3.0 GPA or higher 3) Must be going into the medical field 4) Must have been in 4H more than just 1 year We have also raised $2,000.00 to help when a family is need of financial assistance for paying for their little loved one's final expenses. We have spoken with Haisley Funeral & Yates Funeral home that we have the funds whenever a family comes in. Our long term goal is hopefully work with Lawnwood Regional Medical Center & Heart Institute for when a family comes in and their little loved one has to stay long term, they miss work, need a good evening out to a nice dinner we will be able to assistant in helping them with that. We saw many family's when we were in Gainesville who could not afford to go get a nice dinner or take their other children out to do something to keep their minds off things. We really hope we can achieve these goals in the next couple of years. Looking forward to hearing from you soon! For more information please go to www.SouthernThinesforLittleWinits_com Page 160 of 256 ESTIMATE OF FEES VENUE: PHONE: Estimate Date: November 1, 2020 Event: Car Show No. of Attendees 600 Contact: Brandi Guettler Organization: Southern Things for Little Wings d d re s: 20806 Glades Cut Off Fed Port St Lucie, FL34987 t. Lucie County Fairgrounds 77 -4 - 1 Fes: 77-4r7 Event Date: Evert Daly: Event Times: Set U pILoad In: Break Dowry/Load Out: Total Event Hours, inc. Load in/Out: 1 /1 /0 1 Saturday 10a -4pm Sam -lam 4 pry- prn 10 Office Phone: Fax: Cell: 77 - 7-0 E-mail Address: bra n di south ernth i n g terfittlewin-gs.ca r Facility Use Fee Rate Fey Open Area (Veterans a) 1 Day @ 400/ Day $400.00 Sub -total Deduct % Nonprofit Discount Revised Sub -total Sales Tax 7% "Waiver Requested nested for Facility Use Fees" FACILITY USE FEE TOTAL Eq ent Use Fees Fate Staff/Personnel {Does not include cost of any required security personnel} Evert Supervisor (Required) aired Custodial Staff Other Fees Cleaning Fee Event Insurance Premium (if applicable) Ai ehol Service Fee Securitv Deposit (refundable) Payable to St. Lucie County BOCC EQUIPMENT FEES TOTAL 400.00 100.00 00.00 00.00 ND 10 hour @ 6 $260,00 hours @ 1 114.00 STAFF FEES TOTAL $374,00 100.00 14 ,00 50 people @ 1 /Per son 21 or older 0M THEFT FEES TOTAL $495.00 SECURITY DEPOSIT TOTAL $100.00 TOTAL ESTIMATED HA E 13 .00 Other Requirements include but are not limited to: 1. 50% Deposit with Signed Facility Use Agreement, Required Documents to Confirm Reservation. Payment in full and all Required Documents due no less than 30 days prior to event to avoid cancellation. . Comprehensive General Liability Insurance Certificate for $1,000,000 per occurrence} $2,000,000 aggregate in name of Applicant and naming St. Lucie County as an Additional Insured is required. If needed, event insurance is available at reasonable rates. Estimate Prepared by: } Estimate Accepted by: 0 _fauna ubd F RM APPROVED MAY 2012 Page 161 of 256 DR-14 Consumer's Certi#icate of Exemption : R. 01/18 Issued Pursuant to Chapter 212, Florida Statutes 85-80179M912C-9 _ 12/17/2019 12/31 12024 501(C)(3) ORGANIZATION j Certifrcatee Number Effective Date Expiration Date Exemption Category This certifies that SOUTHERN THINGS FOR LITTLE WINGS INC 20806 GLADES CUT OFF RD PORT SAINT LUCIE FL 34987-2610 is exempt from the payment of Florida sales and use tax on real property rented, transient rental property rented, tangible personal property purchased or rented, or services purchased. M. Important Information for Exempt Organizations DR-14 R. 01 /18 1. You must provide all vendors and suppliers with an exemption certificate before making tax-exempt purchases. See Rule 12A-1.038. Florida Administrative Code (F.A.C.). 2. Your Consumers Certificate of Exemption is to be used solely by your organization for your organization's customary nonprofit activities. 3. Purchases made by an individual on behalf of the organization are taxable, even if the individual will be reimbursed by the organization. 4. This exemption applies only to purchases your organization makes. The sate or lease to others of tangible personal property. sleeping accommodations, or other real property is taxable. Your organization must register. and collect and remit sales and use tax on such taxable transactions. Note: Churches are exempt from this requirement except when they are the lessor of real property (Rule 1ZA-1.070. F.A.C.). 5. It is a criminal offense to fraudulently present this certificate to evade the payment of sates tax. Under no circumstances should this certificate be used for the personal benefit of any individual. Violators will be liable for payment of the sales tax plus a penalty of 200% of the tax, and may be subject to conviction of a third-degree felony. Any violation will require the revocation of this certificate. 6. If you have questions about your exemption certificate, please call Taxpayer Services at 850-488-6800. The mailing address is PO Box 6480, Tallahassee, FL 32314-6480. Page 162 of 256 1�r E ___ AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Summer Ivey -Platt, Parks & Special Facilities Manager SUBMITTED BY: Parks & Special Facilities Division SUBJECT: 2021 Multi -Year Inmate Labor Contract BACKGROUND: 8.D.3. 2020-51124 CONSENT AGENDA -PARKS & RECREATION DATE: 1/12/2021 *ACTION ITEM - AGREEMENT In 2005, 2007, 2009, 2011, 2013, and 2015 the Board entered into contracts with the Florida Department of Corrections (FDOC) to provide an inmate work squad to assist the Parks and Recreation Department with maintenance. The current 2015 contract expires on June 29, 2021. Staff is requesting to enter into a new three (3) year contract with a three (3) year renewal option in the amount of $57,497.00 per year. This is the same yearly amount as the previous contract. If approved, the contract will extend through June 29, 2024, with a renewal option through June 29, 2027. These funds are available in the departmental budgets. The program has played a critical role in the Parks and Recreation Department's ability to maintain the County's assets by providing over 7,500 man-hours of service. The work squad is utilized on a rotating schedule at Department parks, the Havert L. Fenn Center, the SLC Fairgrounds, Tradition Field and the Savannas Recreation Area. In addition to maintaining restrooms, picking up trash and mowing, the squad also assists in event set-ups and other projects as needed. Under the contract, the County responsibilities are: Provide a schedule of work. Obtain any licenses or permits, as required, for work to be performed by the inmate work squad. Provide transportation (van), including fuel and vehicle maintenance, for the work squad. Provide enclosed equipment trailer and tools as needed for work to be performed by the inmate crew. Provide communication equipment (cell phone). Retain ownership of vehicle and equipment. The Florida Department of Correction responsibilities are: Page 163 of 256 Provide one (1) Correctional Work Squad Officer. Provide up to five (5) inmates. Keep physical custody of the vehicle, trailer and tools, for security reasons. To the maximum extent possible, maintain stability in the inmate work squad in order to maximize the effectiveness of the inmate squad. Provide food and drinks for inmates' lunches. Administer disciplinary action according to FDOC policies and procedures. Provide medical treatment for ill or injured inmates. Provide inmates with all personal items of clothing appropriate for the season of the year. Drive to and from the work site(s). PREVIOUS ACTION: February 22, 2005: Board approval of contract with FDOC January 23, 2007: Board Approval of contract with FDOC. May 11, 2009: Board approval of contract #C09-06-156 with FDOC. April 30, 2010: Board approval of renewal of contract #C06-06-156 with FDOC. May 3, 2011: Board approval of contract #C11-05-146 with FDOC. April 3, 2012: Board approval of renewal of contract #C11-05-146 with FDOC. March 19, 2013: Board approval of contract #C13-03-120 with FDOC. February 18, 2014: Board approval of renewal of contract #C13-03-120 with FDOC. January 20, 2015: Board approval of Contract #C15-01-103 FINANCIAL IMPACT: Sufficient funds will be made available in the following accounts: 001-7210-534300-720000 Regional Parks & Stadiums 190-7210-534300-75201 Sports Complex 001-7215-534300-720000 Parks & Special Facilities 001-7215-534300-7220 Savannas 001-7215-534300-7420 Fairgrounds 001-7215-534300-7510 Havert L. Fenn Center RECOMMENDATION: Staff recommends Board approval of the Florida Department of Corrections Inmate Labor contract and authorization for the Chair to sign documents as approved by the County Attorney. Staff is requesting to enter into a new three (3) year contract with a three (3) year renewal option in the amount of $57,497.00 per year. COMMISSION ACTION: RESULT: �jX�L�LU1�l:�►[.7T� Page 164 of 256 AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: December 15, 2020 Matthew Baum, Parks & Special Facilities Manager Date: December 17, 2020 Edward Matthews, Parks & Recreation Director Date: December 17, 2020 Jennifer Hill, Office of Management & Budget Director Date: December 17, 2020 Daniel McIntyre, County Attorney Date: December 21, 2020 Alphonso Jefferson, Deputy County Administrator Page 165 of 256 FLORIDA DEPARTMENT of CORRECTIONS 501 South Calhoun Street, Tallahassee, FL 32399-2500 November 10, 2020 Summer Ivey -Platt St. Lucie County, BOCC 3020 Will Fee Road Fort Pierce, Florida 34982 Telephone: (772) 462-6413 RE: Work Squad Contract #W1189 Dear Sir or Madam: Governor RON DESANTIS Secretary MARK S. INCH http://www.dc.state.fl.us Attached for signature is original in PDF format of Work Squad Contract #W 1189 between the Florida Department of Corrections and your organization. This Contract will begin on June 30, 2021 or when signed by both parties, whichever is latter and will end on June 29, 2024. To provide a seamless transition in contracting, please print two (2) copies of the attached original work squad contract and have the two (2) originals signed and returned to this office, via Express Mail, as soon as possible. Once the Work Squad Contract has been executed by the Department, one (1) executed original of the Work Squad Contract will be returned to you by Express Mail. The address to return the Contract via express mail is: As a reminder, please be advised: Florida Department of Corrections Bureau of Procurement Attention: Mrs. Cristy Martin 501 South Calhoun Street Tallahassee, Florida 32399-2500 • to include the Work Squad Contract number (W1189) on all associated invoices and correspondence; • that changes to the scope of services or changes in pricing cannot be made except through a formal Contract amendment, executed by both parties, and issued by this office; • that services may not be provided after the expiration date unless the Work Squad Contract has been renewed or extended through a formal renewal/extension, executed by both parties and issued by this office; and • invoices may be submitted after the expiration date for services properly provided up to and including the expiration date of the Work Squad Contract. If there are any questions, please call me at (850) 717-3661. Sincerely, Mrs. CA5ty Martin Mrs. Cristy Martin Purchasing Analyst Bureau of Procurement *INSPIRING SUCCESS BY TRANSFORMING ONE LIFE AT A TIME * Page 166 of 256 CONTRACT # W1189 CONTRACT BETWEEN THE FLORIDA DEPARTMENT OF CORRECTIONS AND ST. LUCIE COUNTY, BOARD OF COUNTY COMMISSIONERS This Contract is between the Florida Department of Corrections ("Department") and the St. Lucie County, Board of County Commissioners ("Agency"), which are the parties hereto. WITNESSETH WHEREAS, Sections 944.10(7) and 946.40, Florida Statutes (F.S.), and Rules 33-601.201 and 33-601.202, Florida Administrative Code (F.A.C.), provide for the use of inmate labor in work programs; WHEREAS, inmate labor will be used for the purposes of providing services and performing work under the supervision of the Department's staff; and WHEREAS, the Agency is a qualified and willing participant with the Department to contract for inmate work squad(s). THEREFORE, the parties hereto find it to be in their best interests to enter into this Contract, and in recognition of the mutual benefits and considerations set forth, the parties hereto covenant and agree as follows: I. CONTRACT TERM/RENEWAL A. Contract Term This Contract shall begin on June 30, 2021, or the last date of signature by all parties, whichever is later. This Contract shall end on June 29, 2024. B. Contract Renewal This Contract may be renewed for up to an additional three (3) year term, in whole or part, after the initial Contract term, and upon the same terms and conditions contained herein. This Contract renewal is at the Agency's discretion with the concurrence of the Department. The decision to exercise the option to renew should be made no later than 60 calendar days prior to this Contract's expiration. II. SCOPE OF CONTRACT A. Administrative Functions 1. Each party shall cooperate with the other in any litigation or claims against the other party as a result of unlawful acts committed by an inmate(s) performing services under this Contract. Page 1 of 12 Page 167 of 256 CONTRACT # W1189 2. Each party will retain responsibility for its personnel, and its fiscal and general administrative services to support this Contract. 3. Through their designated representatives, the parties shall collaborate on the development of policies and operational procedures for the effective management and operation of this Contract. B. Description of Services 1. Responsibilities of the Department a. Pursuant to Rule 33-601.202(2)(a), F.A.C., supervision of the work squad(s) will be provided by the Department. The Department shall provide one (1) Correctional Work Squad Officer position to supervise an inmate work squad. This Contract provides for one (1) work squad of up to five (5) inmates. b. The Department shall ensure the availability of the work squad(s) except: when weather conditions are such that to check the squad(s) out would breach good security practices; when the absence of the Correctional Work Squad Officer is necessary for reasons of required participation in training or approved use of leave; when the officer's presence is required at the institution to assist with an emergency situation; when the officer is ill; or when the Correctional Work Squad Officer position is vacant. In the event a position becomes vacant, the Department shall make every effort to fill the position(s) within five (5) business days. c. For security and other reasons, the Department shall keep physical custody of the vehicle furnished by the Agency. Unless otherwise specified, the Agency shall maintain physical custody of all Agency trailers, all tools, equipment, supplies, materials, and personal work items (gloves, boots, hard hats, etc.) furnished to the Department by the Agency. The Agency is responsible for the maintenance of all furnished equipment. d. In the event of damage to property as a result of an accident charged to a Department employee or blatant acts of vandalism by inmates, or loss of tools and equipment, the Agency may request that the Department replace or repair to previous condition the damaged or lost property. e. The Department shall be reimbursed by the Agency for the Department's costs associated with this Contract in accordance with Addendum A. Once the Agency reimburses the Department for the costs reflected on Addendum A, Section II., these items will be placed on the Department's property records, as appropriate, and upon the end or termination of this Contract such items will be transferred to the Agency. f. The Department shall, to the maximum extent possible, maintain stability in the inmate work force assigned to the work squad on a day-to-day basis in order to maximize the effectiveness of the work squad. g. The Department shall provide food and drinks for inmates' lunches. h. The Department shall be responsible for the apprehension of an escapee and handling of problem inmates. The Department shall provide transportation from the work site to the correctional facility for inmates who refuse to work, become unable to work, or cause a disruption in the work schedule. Page 2 of 12 Page 168 of 256 CONTRACT # W1189 i. The Department shall be responsible for administering all disciplinary action taken against an inmate for infractions committed while performing work under this Contract. j. The Department shall provide for medical treatment of ill or injured inmates and transportation of such inmates. k. The Department shall provide inmates with all personal items of clothing appropriate for the season of the year. 1. The Department shall be responsible for driving the Correctional Work Squad Officer and the inmates to and from the work site. in. Both parties agree that the Department is making no representations as to the level of skills of the work squad. 2. Responsibilities of the Agency a. The Agency shall periodically provide the Department's Contract Manager, or designee, with a schedule of work to be accomplished under the terms of this Contract. Deviation from the established schedule shall be reported to, and coordinated with, the Department. b. If required, the Agency shall obtain licenses or permits for the work to be performed. The Agency shall provide supervision and guidance for projects that require a permit or which require technical assistance to complete the project. c. The Agency shall ensure that all projects utilizing inmates are authorized projects of the municipality, city, county, governmental Agency, or non-profit organization and that private contractors employed by the Agency do not use inmates as any part of their labor force. d. The Agency shall retain ownership of any vehicles or equipment provided by the Agency for the work squad(s). The Agency shall maintain its own inventory of transportation, tools, and equipment belonging to the Agency. e. The Agency shall provide vehicles for transportation of the work squad(s) and is responsible for the maintenance of said vehicle. 3. Communications Equipment It is the intent of this Contract that the work squad(s) maintains communication with the institution at all times. A method of communication (radios, cellular phone, etc.), shall be provided at no cost to the Department. The Agency shall provide a primary method of communication that shall be approved by the Department's Contract Manager, or designee, in writing, prior to assignment of the work squad(s). Depending upon the method of communication provided, the Department's Contract Manager, or designee, may require a secondary or back-up method of communication. All radio communication equipment owned or purchased by the Agency that is programmed to the Department's radio frequency and used by the work squad(s), whether purchased by the Department or the Agency, shall be IMMEDIATELY deprogrammed by the Department, at no cost to the Agency, upon the end or termination of this Contract. Under no circumstances shall the Agency accept the return of radio communications equipment provided to the Department Page 3 of 12 Page 169 of 256 CONTRACT # W1189 under this Contract until such time as the radio communications equipment has been deprogrammed by the Department. At the end or termination of this Contract, the Department's Contract Manager, or designee, will contact the Department's Utility Systems/Communications Engineer in the Office of Institutions to effectuate the deprogramming of radio communications equipment provided by the Agency. a. Vehicle Mounted Radios: Vehicles provided by the Agency, that are or that will be equipped with a mobile/vehicle mounted radio programmed to the Department's radio frequency(ies), will be retained by the Department to ensure security of the communication equipment except for short durations dictated by the need for vehicle and/or communications equipment maintenance and/or repair. The use of these vehicle(s) during the period covered by this Contract shall not be for any purpose other than as indicated in this Contract. b. Hand -Held Radios: Hand-held radios provided by the Agency, that are or that will be programmed to the Department's radio frequency(ies), will be retained by the Department to ensure security of the communication equipment except for short durations dictated by the need for maintenance and/or repair. The use of any hand-held radio(s) provided by the Agency that is programmed to a Department radio frequency utilized by the Agency during the period covered by this Contract shall not be for any purpose other than as indicated in this Contract. c. Cellular Phones: Cellular phones may be utilized by the Correctional Work Squad Officer as either a primary or secondary means of communication as approved by the Department's Contract Manager, or designee. The Department's Contract Manager, or designee, shall designate whether the usage of a cellular phone is required on Addendum A. The cellular phone will be retained by the Department and, upon the end or termination of this Contract, returned to the Agency. The use of the cellular phone is not authorized for any purposes other than as indicated in this Contract. 4. Other Equipment The Department's Contract Manager, or designee, shall determine if an enclosed trailer is required for the work squad to transport tools and equipment utilized in the performance of this Contract, and shall notify the Agency if a trailer is necessary. The Department's Contract Manager, or designee, shall designate whether the usage of an enclosed trailer is required on Addendum A. If a trailer is required, it will be provided by the Agency at no cost to the Department. If the Department is to maintain control of the trailer when the work squad(s) is not working, the Agency shall provide an enclosed trailer that can be secured when not in use. All tools and equipment utilized by the work squad shall be secured in the trailer. The Department shall maintain an inventory of all property, expendable and non -expendable, which is in the custody and control of the Department. Upon the end or termination of this Contract, the trailer and any non -expendable items will be returned to the Agency. Page 4 of 12 Page 170 of 256 CONTRACT # W1189 III. COMPENSATION A. Payment to the Department 1. Total Operating Capital To Be Advanced By The Agency, as delineated in Section IV., of Addendum A, shall be due and payable upon execution of this Contract. The Department will not proceed with the purchase until payment, in full, has been received and processed by the Department's Bureau of Finance and Accounting. Delays in receipt of these funds may result in start-up postponement or interruption of the services provided by the work squad. 2. Total Costs To Be Billed To The Agency By Contract, as delineated in Section VI., of Addendum A, will be made quarterly, in advance, with the first payment equaling one-fourth (1/4) of the total amount, due within two (2) weeks after the effective date of this Contract. The second quarterly payment is due no later than the 20'h calendar day of the last month of the first Contract quarter. Payment for subsequent consecutive quarters shall be received no later than the 20tb calendar day of the last month of the preceding Contract quarter. 3. In the event the Correctional Work Squad Officer position becomes vacant and remains vacant for a period of more than five (5) business days, the next or subsequent billing will be adjusted by the Department for services not provided. 4. The Agency shall insure any vehicles owned by the Agency used under this Contract. 5. The rate of compensation shall remain in effect through the term of this Contract or subsequent to legislative change. In the event there is an increase/decrease in costs identified in Addendum A, this Contract shall be amended to adjust to such new rates. B. Official Payee The name and address of the Department's official payee to whom payment shall be made is as follows: Florida Department of Corrections Bureau of Finance and Accounting Attn: Professional Accountant Supervisor Centerville Station Call Box 13600 Tallahassee, Florida 32317-3600 C. Submission of Invoices) The name, address, and phone number of the Agency's official representative to whom invoices shall be submitted is: Annette Jennings 3020 Will Fee Road Fort Pierce, Florida 34982 Telephone: (772) 462-1513 Email: jenningsanstlucieco.org Page 5 of 12 Page 171 of 256 CONTRACT # W1189 IV. CONTRACT MANAGEMENT The Department will be responsible for the project management of this Contract. The Department has assigned the following named individuals, addresses, and phone numbers as indicated, as the Department's Contract Manager and the Department's Contract Administrator for the Project. A. Department's Contract Manager The Department's Field Office Manager of Martin Correctional Institution is designated as the Department's Contract Manager and is responsible for enforcing performance of this Contract terms and conditions and shall serve as a liaison with the Agency. The title, address, and telephone number of the Department's Contract Manager for this Contract is: Field Office Manager Martin Correctional Institution 1150 S. W. Allapattah Road Indiantown, Florida 34956 Telephone: (772) 597-8144 Email: Mary.TuckerAfdc.myflorida.com B. Department's Contract Administrator The Department's Contract Administrator is responsible for maintaining a Contract file on this Contract service and will serve as a liaison with the Department's Contract Manager. The title, address, and telephone number of the Department's Contract Administrator for this Contract is: Contract Administrator Bureau of Procurement Florida Department of Corrections 501 South Calhoun Street Tallahassee, Florida 32399-2500 Telephone: (850) 717-3681 Fax: (850) 488-7189 C. Agency's Rgpresentative The name, address, and telephone number of the Agency's Representative is: Summer Ivey -Platt, Division Manager 3020 Will Fee Road Fort Pierce, Florida 34982 Telephone: (772) 462-6413 Email: ivey_platts(&stlucieco.org D. Changes to Designees In the event that different representatives are designated by either party after execution of this Contract, notice of the name and address of the new representatives will be provided, in writing, to the other party and said notification attached to originals of this Contract. Page 6 of 12 Page 172 of 256 CONTRACT # W1189 V. CONTRACT MODIFICATION Unless otherwise stated herein, modifications to provisions of this Contract shall only be valid when they have been provided, in writing, and duly signed by both parties. The parties agree to renegotiate this Contract if stated revisions of any applicable laws, regulations, or increases/decreases in allocations make changes to this Contract necessary. VI. TERMINATION/CANCELLATION This Contract may be terminated by either party upon no less than 30 calendar days notice, without cause, unless a lesser time is mutually agreed upon by both parties. Said notice shall be delivered by certified mail (return receipt requested), by other method of delivery whereby an original signature is obtained, or in -person with proof of delivery. In the event of termination, the Department will be paid for all costs incurred and hours worked up to the time of termination. The Department shall reimburse the Agency any advance payments, prorated as of the last day worked. VII. CONDITIONS A. Records The Agency agrees to allow the Department and the public access to any documents, papers, letters, or other materials subject to the provisions of Chapter 119 and Section 945.10, F.S., made or received by the Agency in conjunction with this Contract. The Agency's refusal to comply with this provision shall constitute sufficient cause for termination of this Contract. B. Annual Appropriation The Department's performance under this Contract is contingent upon an annual appropriation by the legislature. It is also contingent upon receipt of payments as outlined in Addendum A and in Section III., COMPENSATION. C. Disputes Any dispute concerning performance of the Contract shall be resolved informally by the Department's Contract Manager, or designee. Any dispute that cannot be resolved informally shall be reduced to writing and delivered to the Department's Deputy Director of Institutional Operations. The Department's Deputy Director of Institutional Operations shall decide the dispute, reduce the decision to writing, and deliver a copy to the Agency, the Department's Contract Administrator, and the Department's Contract Manager. D. Force Majeure Neither parry shall be liable for loss or damage suffered as a result of any delay or failure in performance under this Contract or interruption of performance resulting directly or indirectly from acts of God, fire, explosions, earthquakes, floods, water, wind, lightning, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, pandemics, strikes, or labor disputes. E. Severability The invalidity or unenforceability of any particular provision of this Contract shall not affect the other provisions hereof and this Contract shall be construed in all respects as if such invalid or unenforceable provision was omitted. Page 7 of 12 Page 173 of 256 CONTRACT # W1189 F. Verbal Instructions No negotiations, decisions, or actions shall be initiated or executed by the Agency as a result of any discussions with any Department employee. Only those communications which are in writing from the Department's administrative or project staff identified in Section IV., CONTRACT MANAGEMENT, of this Contract shall be considered as a duly authorized expression on behalf of the Department. Only communications from the Agency that are signed and, in writing, will be recognized by the Department as duly authorized expressions on behalf of the Agency. G. Governing? Law and Venue This Contract is executed and entered into in the State of Florida, and shall be construed, performed and enforced in all respects in accordance with the laws, rules and regulations of the State of Florida. Any action hereon or in connection herewith shall be brought in Leon County, Florida. H. No Third -Party Beneficiaries Except as otherwise expressly provided herein, neither this Contract, nor any amendment, addendum, or exhibit attached hereto, nor term, provision, or clause contained therein, shall be construed as being for the benefit of, or providing a benefit to, any party not a signatory hereto. I. Prison Rape Elimination Act (PREA) The Agency shall report any violations of the Prison Rape Elimination Act (PREA), Federal Rule 28 C.F.R. Part 115, to the Department's Contract Manager, or designee. Cooperation with Inspector General In accordance with Section 20.055(5), F.S., the Agency understands and will comply with its duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. K. Sovereign Immunity The Agency and the Department are state agencies or political subdivisions as defined in Section 768.28, F.S., and agree to be fully responsible for acts and omissions of their own agents or employees to the extent permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity by either party to which sovereign immunity may be applicable. Further, nothing herein shall be construed as consent by a state agency or political subdivision of the State of Florida to be sued by third parties in any matter arising out of this Contract. L. Americans with Disabilities Act The Agency shall comply with the Americans with Disabilities Act. In the event of the Agency's noncompliance with the nondiscrimination clauses, the Americans with Disabilities Act, or with any other such rules, regulations, or orders, this Contract may be canceled, terminated, or suspended, in whole or in part, and the Agency may be declared ineligible for further Contracts. M. Cooperation with the Florida Senate and the Florida House of Representatives In accordance with Florida law, the Contractor agrees to disclose any requested information, relevant to the performance of this Contract, to members or staff of the Florida Senate or Florida House of Representatives, as required by the Florida Legislature. The Contractor is strictly prohibited from enforcing any nondisclosure clauses conflictive with this requirement. Page 8 of 12 Page 174 of 256 CONTRACT # W1189 Waiver of breach of any provision of this Contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Contract. This Contract and Addendum A contain all of the terms and conditions agreed upon by the parties. IN WITNESS THEREOF, the parties hereto have caused this Contract to be executed by their undersigned officials as duly authorized. AGENCY: ST. LUCIE COUNTY, BOARD OF COUNTY COMMISSIONERS SIGNED BY: NAME: TITLE: DATE: FEIN: FLORIDA DEPARTMENT OF CORRECTIONS Approved as to form and legality, subject to execution. SIGNED SIGNED BY: BY: NAME: Kasey A. Bickley NAME: Dorothy M. Burned TITLE: Chief, Bureau of Procurement TITLE: Deputy General Counsel DATE: DATE: Page 9 of 12 Page 175 of 256 Addendum A Inmate Work Squad Detail of Costs for St. Lucie County, Board of County Commissioners Interagency Contract Number W1189 effective June 30, 2021 ***ENTER MULTIPLIERS IN SHADED BOXES ONLY IF TO BE INVOICED TO AGENCY*** Per Officer Total Annual Cost I Annual Cost CORRECTIONAL WORK SQUAD OFFICER SALARIES AND POSITION RELATED -EXPENSES TO BE REIMBURSED BY THE AGENCY: Officers Salary # Officer: Multiplier 1 $ 54,194.00 ** $ 54,194.00 Salary Incentive Payment $ 1,128.00 $ 1,128.00 Repair and Maintenance $ 121.00 $ 121.00 State Personnel Assessment $ 354.00 $ 354.00 Training/Criminal Justice Standards $ 200.00 $ 200.00 Uniform Purchase $ 400.00 $ 400.00 Uniform Maintenance $ 350.00 $ 350.00 Training/Criminal Justice Standards * $ 2,225.00 TOTAL - To Be Billed By Contract To Agency $ 58,972.00 $ 56,747.00 *Cost limited to first year of contract as this is not a recurring personnel/position cost. ** Annual cost does not include overtime pay. IA. The Overtime Hourly Rate of Compensation for this Contract is $31.85, if applicable. (The Overtime Hourly Rate of Compensation shall include the average hourly rate of pay for a Correctional Officer and the average benefit package provided by the department, represented as time and one half for purposes of this Contract.) Number Total Squads Annual Cost II. ADMINISTRATIVE COSTS TO BE REIMBURSED BY THE AGENCY: Costs include but may not be limited to the following: Rain coats, staff high visibility safety vest, inmate high visibility safety vest, fire extinguisher, first aid kit, personal protection kit, flex cuffs, warning signs, handcuffs, Igloo coolers, portable toilets, insect repellants, masks, vaccinations, and other administrative expenses. 1 $ 750.00 TOTAL - To Be Billed By Contract To Agency $ 750.00 III. ADDITIONAL AGENCY EXPENSES: Tools, equipment, materials and supplies not listed in Section II above are to be provided by the Agency. CELLULAR PHONE WITH SERVICE REQUIRED: ENCLOSED TRAILER REQUIRED: Addendum A Revised 06-02-03/01-12-04 YES [ NO ❑ YES ® NO ❑ Page 10 of 12 Page 176 of 256 Addendum A Inmate Work Squad Detail of Costs for St. Lucie County, Board of County Commissioners Interagency Contract Number W1189 effective June 30, 2021 Per Unit Number Total IV. OPERATING CAPITAL TO BE ADVANCED BY AGENCY: Cost of Units Cost Hand Held Radio MACOM $4969.00 Vehicle Mounted Radio MACOM $5400.00 1 $ - TOTAL Operating Capital To Be Advanced By Agency $ - Total V. TOTAL COSTS TO BE ADVANCED BY AGENCY: Cost 1. Operating Capital - from Section IV. $0.00 2. Grand Total - To Be Advanced By Agency At Contract Signing: $0.00 VI. TOTAL COSTS TO BE BILLED TO AGENCY BY CONTRACT: Total Cost 1. Correctional Officer Salaries and Position -Related Expenses - from Section I. $56,747.00 2. Other Related Expenses and Security Supplies - from Section II. $750.00 3. Grand Total - To Be Billed To Agency By Contract: $57,497.00 VII. TOTAL OF ALL COSTS ASSOCIATED WITH CONTRACT: $57,497.00 (Total of Sections V. and VI.) Vill. OVERTIME COSTS: If the contracting Agency requests overtime for the work squad which is approved by the Department, the contracting Agency agrees to pay such costs and will be billed separately by the Department for the cost of overtime. Addendum A Revised 06-02-03/01-12-04 Page 11 of 12 Bill To Provided Already Agency By Agency Exists � 0 Page 177 of 256 Addendum A - INSTRUCTIONS Inmate Work Squad Detail of Costs for St. Lucie County, Board of County Commissioners Interagency Contract Number W1189 effective June 30, 2021 Section I. Costs in this section are determined each fiscal year by the Budget and Management Evaluation Bureau and are fixed. By entering the number of Officers required for this contract, the spreadsheet will automatically calculate the "Total Annual Cost" column. If this Work Squad is beyond the first year of existence, enter a zero (0) in the "Total Annual Cost" column for "Training/Criminal Justice Standards" after you have entered the "# Officers Multiplier". Section II. Safety and environmental health procedures require safety measures such as the use of safety signs, vests, and clothing. The Department's procedure for Outside Work Squads requires that all Work Squad Officers be responsible for ensuring their squad is equipped with a first aid kit and a personal protection equipment (PPE) kit. Section II identifies such required equipment. A new squad must be sufficiently equipped and an on -going squad must be re -supplied when needed. Type in the number of squads used for this contract and the spreadsheet will automatically calculate the fixed annual expense of $750.00 per squad and place the total in Section VI. Section III. Check "Yes" or "No" to indicate whether a Cellular Phone with Service and/or an Enclosed Trailer is required by the Contract Manager. Section IV. The Department's procedure for Outside Work Squads requires that they have at least one (1) primary means of direct communication with the Institution's Control Room. Communication via radio and/or cellular phone is appropriate. It is preferred that a backup, secondary means of communication also be available. It is the Agency's responsibility to provide them. If the Department purchases a radio(s), the Agency must fund the purchase at the time the Contract is signed. Check the box for the type of radio and fill in the Per Unit Cost for the type of radio, Number of Units, and Total Cost columns. Leave the Total Cost column blank if a radio(s) is not being purchased at this time. Check applicable boxes ("Bill to Agency", "Provided by Agency" and "Already Exists") for each radio. NOTE: All radio communication equipment owned or purchased by the Agency that is programmed to the Department's radio frequency and used by the work squad(s), whether purchased by the Department or the Agency, shall be IMMEDIATELY deprogrammed by the Department at no cost to the Agency upon the end or termination of this Contract. Section V. The total funds the Agency must provide at the time the contract is signed will be displayed here when the form is properly filled out. Section VI. The total funds the Agency will owe contractually, and pay in equal quarterly payments, will be displayed here. Section VII. The total funds associated with the Contract, to be paid by the Agency as indicated in Sections V. and VI., will be displayed here. Section Vill. Any agreement in this area will be billed separately as charges are incurred. Addendum A Revised 06-02-03/01-12-04 Page 12 of 12 Page 178 of 256 1�r E --- AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Heather Young, Assistant County Attorney III SUBMITTED BY: County Attorney 9.A.1. 2021-51512 PUBLIC HEARINGS - COUNTY ATTORNEY DATE: 1/12/2021 *ORDINANCE ITEM - AMENDMENT SUBJECT: Affordable Housing Advisory Committee - Ordinance Amending Membership to Add a County Commissioner BACKGROUND: Section 420.9067, Florida Statutes, requires each county which receives funding under the State Housing Initiatives Housing Partnership ("SHIP") Program to establish an Affordable Housing Advisory Committee ("AHAC"). The St. Lucie County AHAC was created in 1993 to advise the Board on matters related to ordinances and regulations which may preclude affordable housing policies. Pursuant to Section 22-95 of the Code of Ordinances, the current membership of the AHAC is composed of nine (9) members representing the community. The 2020 Florida Legislature amended Section 420.9067 to require the addition of a county commissioner to the AHAC effective October 1, 2020. The attached ordinance provides for this amendment to the AHAC membership. The Florida Housing Coalition has requested that a commissioner be appointed before February 1, 2021 to comply with the statutory requirement and permit the commissioner participate in training scheduled for AHAC members in February. PREVIOUS ACTION: On June 25, 1993, the Board adopted Ordinance No. 93-17 which established the AHAC. On July 29, 2017, the Board adopted Ordinance No. 17-016 which reduced the membership of the AHAC from ten (10) to nine (9) members. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board grant retroactive permission to advertise the proposed ordinance for public hearing Page 179 of 256 on January 12, 2021 at 6:00 p.m., or as soon thereafter as possible, and adopt the proposed ordinance as drafted. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: January 04, 2021 Daniel McIntyre, County Attorney C, W� Date: January 04, 2021 Diana Wesloski, Community Services Director -4 �.- Date: January 05, 2021 Alphonso Jefferson, Deputy County Administrator Page 180 of 256 -1- ORDINANCE NO. 21-XX AN ORDINANCE AMENDING SECTION 22-95, "CREATION OF THE AFFORDABLE HOUSING ADVISORY COMMITTEE", TO ADD A COUNTY COMMISSIONER TO THE MEMBERSHIP IN ACCORDANCE WITH SECTION 420.9076, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH DEPARTMENT OF STATEV AND EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. WHEREAS, on June 15, 1993, the Board of County Commissioners adopted Ordinance No. 93-17 which amended Chapter 1-10.5 ("Housing") of the St. Lucie County Code of Ordinances and Compiled Laws to create Article V ("State Housing Initiatives Partnership Program"); and WHEREAS, Section 1-10.5-42 provided for the creation of an Affordable Housing Advisory Committee (the "Committee") for the purpose of advising the Board of County Commissioners on matters relating to codes and regulations that may preclude affordable housing policies; and WHEREAS, on May 27, 2008, the Board of County Commissioners adopted Ordinance No. 08-23 which amended Section 1-10.5-43 to provide for membership and duties of the Affordable Housing Advisory Committee in accordance with Section 420.9076, Florida Statutes; and, WHEREAS, on August 12, 2014, the Board of County Commissioners adopted Ordinance No. 14-020 which recodified the St. Lucie County Code of Ordinances and Compiled Laws, including Section 1-10.5-43 which was renumbered as Section 22-95; and, WHEREAS, the 2016 Florida Legislature amended Section 420.9076 to reduce the required number of members from eleven (11) to at least eight (8) but no more than eleven (11) members; and, WHEREAS, on July 18, 2017, the Board adopted Ordinance No. 17-016 which reduced the number of the Committee members from eleven (11) to nine (9); and, WHEREAS, Section 420.9076 has been amended to require the appointment of a county commissioner to the Affordable Housing Advisory Committee effective October 1, 2020. Underlined passages are added. Struelkthrqug passages are deleted. Page 181 of 256 -2- NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: PART A: AMENDMENT OF SUBSECTION 22-95(d) ("CREATION OF THE AFFORDABLE HOUSING ADVISORY COMMITTEE") The Code of Ordinances of St. Lucie County, Florida, is amended by amending Subsection 22-95(d) to read as follows: Sec. 22-95. Creation of the affordable housing advisory committee. (d) The affordable housing advisory committee shall consist of 9) ten 10 members composed of one County Commissioner and at least one (1) member from at least six (6) of the following categories: (1) A citizen who is actively engaged in the banking or mortgage industry in connection with affordable housing; (2) One citizen who is actively engaged in the residential home building industry in connection with affordable housing; (3) One citizen who is a representative of those areas of labor actively engaged in home building in connection with affordable housing; (4) One citizen who is actively engaged as a for -profit provider of affordable housing; (5) One citizen who is actively engaged as a real estate professional in connection with affordable housing; (6) One citizen who is actively engaged as a not -for -profit provider of affordable housing; (7) One citizen who serves on the local planning agency pursuant to F.S. § 163.3174; (8) One citizen who resides within the jurisdiction of the local governing body making the appointments; (9) One citizen who represents employers within the jurisdiction; (10) One citizen who represents essential services personnel, as defined in the I local housing assistance plan; and (11) One citizen who is actively engaged as an advocate for low-income persons in connection with affordable housing. PART B. SEVERABILITY AND APPLICABILITY. Underlined passages are added. Struelkthrqug passages are deleted. Page 182 of 256 -3- It is declared to be the intent of the Board of County Commissioners of St. Lucie County, that if any section, subsection, sentence, clause, or provision of this ordinance be held invalid, the remainder of the ordinance shall not be affected. PART C. FILING WITH THE DEPARTMENT OF STATE AND EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. I_I:i0 2110L1 After motion and second, the vote on this ordinance was as follows: Commissioner Chris Dzadovsky, Chair XX Commissioner Sean Mitchell, Vice Chair XX Commissioner Linda Bartz XX Commissioner Frannie Hutchinson XX Commissioner Cathy Townsend XX PART E. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section," "article," or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through E shall not be codified. PASSED AND DULY ADOPTED this 12T" day of January, 2021. /eli9*15 Deputy Clerk Underlined passages are added. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chair APPROVED AS TO FORM AND CORRECTNESS: I Ya Struelkthrqug passages are deleted. Page 183 of 256 -4- Underlined passages are added. County Attorney StFUGl(thFE)Ug passages are deleted. Page 184 of 256 AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Kristopher Mccrain, Associate Planner SUBMITTED BY: Planning & Development Services 9.B.1. RES-2021-3 -PLANNING & DEVELOPMENT SERVICES DATE: 1/12/2021 *RESOLUTION ITEM - AMENDMENT QUASI-JUDICIAL ITEM? YES SUBJECT: Prima Vista Rezone - Change in Zoning from CO (Commercial, Office) Zoning District to CN (Commercial, Neighborhood) Zoning District BACKGROUND: The property owner, and applicant Andrew Russo, with Park Avenue Real Estate Investments LLC, and representative David Milledge with Cotleur & Hearing, have submitted a petition for an Amendment to the Official Zoning Atlas for a change in zoning from the CO (Commercial, Office) Zoning District to the CN (Commercial, Neighborhood) Zoning District. The 0.534-acre petition sites are located on the southwest corner of Prima Vista Boulevard and Airoso Boulevard, within the COM (Commercial) Future Land Use category. PREVIOUS ACTION: On March 27, 1990, the Board of County Commissioners granted a change in zoning from the RS-4 (Residential, Single -Family) Zoning District to the CO (Commercial, Office) Zoning District. On November 19, 2020, the Planning and Zoning Commission voted unanimously to forward a recommendation of approval to the Board of County Commissioners. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve the Rezone Petition. COMMISSION ACTION: Page 185 of 256 RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: December 18, 2020 Kori Benton, Assistant Planning Manager Date: December 18, 2020 Benjamin Balcer, Planning & Development Services Assistant Director Date: December 20, 2020 Leslie Olson, Planning & Development Services Director Date: December 21, 2020 Daniel McIntyre, County Attorney Date: December 28, 2020 Mark Satterlee, Deputy County Administrator Page 186 of 256 BOARD OF COUNTY COMMISSIONERS Hearing Date Tuesday January 12, 2021 Applicant/Property Owner: Andrew W. Russo Park Avenue Real Estate Investments LLC 300 W Indiantown Road Jupiter, FL 33458 AA_ ent: David F. Milledge, Esq. Cotleur & Hearing 1934 Commercial Lane, Suite 1 Jupiter, FL 33458 Project Location(s): Southwest corner of Prima Vista Boulevard and Airoso Boulevard Parcel ID(s)#: Parcel 1: 3419-545-0002-000-3 Parcel 2: 3419-545-0003-000-0 Future Land Use : COM (Commercial) Existing Zoning: CO (Commercial, Office) Proposed Zoning: CN (Commercial, Neighborhood) Staff Kristopher McCrain Tel 772-462-1265 Email McCrainK@stlucieco.org Mail 2300 Virginia Avenue, Fort Pierce, Florida 34982 I t 1 Prima Vista Razons a RZ .8202026811 9 LPamels ST. LCICIE CO[1 Wr F L O R I D A Prima Vista Rezone Petition Amendment to the Official Zoning Atlas (Rezoning) Commercial Office to Commercial Neighborhood Project Description The petitioner, Andrew W. Russo is re- questing an Amendment to the Official Zoning Atlas for a change in zoning (Rezoning) from the CO (Commercial, Office) Zoning District to the CN (Commercial, Neighborhood) Zoning District for two (2) parcels consisting of 0.534 acres located on the southwest corner of Prima Vista Boulevard and Air- oso Boulevard, within the COM (Commercial) Future Land Use designa- tion. The purpose of the Commercial, Neigh- borhood Zoning District is to provide and protect an environment suitable for lim- ited retail trade and service activities covering a relatively small area and that is intended to serve the population living in surrounding neighborhoods. Background On March 27, 1990, the Board of County Commissioners approved Resolution 90- 79, granting a change in zoning from the RS-4 (Residential, Single -Family - 4) Zoning District to the CO (Commercial, Office) Zoning District for the subject property. Notice Requirements Public hearing notice in accordance with Section 11.00.03 of the Land Develop- ment Code was placed in the St. Lucie News Tribune on November 6, 2020, letters were mailed to property owners within a 500 foot radius, and a sign post- ed on each of the properties. Plannina and Zonina Commission The Planning & Zoning Commission held a public hearing on November 19, 2020, unanimously passing a motion to forward a recommendation of approval to the Board of County Commissioners. Staffs Recommendation Staff recommends approval. Page 187 of 256 Planning and Development Services Department MEMORANDUM TO: Board of County Commissioners THROUGH: Leslie Olson, AICP, Director Ben Balcer, Assistant Director FROM: Kristopher McCrain, Associate Planner DATE: January 12, 2021 SUBJECT: Prima Vista Rezone Amendment to the Official Zoning Atlas (Rezoning) RZ-8202025811 GENERAL INFORMATION Applicant/ Andrew W. Russo Property Owner: Park Avenue Real Estate Investments LLC 300 W Indiantown Road Jupiter, FL 33458 Agent: David F. Milledge, Esq. Cotleur & Hearing 1934 Commercial Lane, Suite 1 Jupiter, FL 33458 Location(s): Southwest corner of Prima Vista Boulevard and Airoso Boulevard, Port St. Lucie, FL 34953 Parcel ID Number(s): Parcel 1: 3419-545-0002-000-3 Parcel 2: 3419-545-0003-000-0 Parcel Area(s): Parcel 1: 0.327-Acres (9,000 W) Parcel 2: 0.206-Acres (14,266 W) Existing Use: Parcel 1: Undeveloped Parcel 2: Single -Family Dwelling Future Land Use: COM (Commercial) Existing Zoning: CO (Commercial, Office) Proposed Zoning: CN (Commercial, Neighborhood) Requested Action: Change in zoning from CO (Commercial, Office) to CN (Commercial, Neighborhood) Urban Service Boundary: The subject site is located within the Urban Service Boundary (USB). Fire/EMS: Station # 3 (River Park) 480 SW Ravenswood Lane, Port St. Lucie, FL 34983 is located approximately 0.3 miles southwest of the subject site. Right -of -Way: Prima Vista Boulevard and Airoso Boulevard rights -of -way are owned and maintained by the City of Port St. Lucie. The right-of-way width for both Prima Vista Boulevard and Airoso Boulevard are approximately one -hundred (100) feet adjacent to the subject site. ST. LUCIE Page 188 of 256 Project Name: Prima Vista Rezoning File No.: RZ-8202025811 Page 2 Utilties: City of Port St. Lucie Utility Systems Department (CPSLUSD) service area. Water and wastewater infrastructure currently exists at the subject property. Type of Concurrency Document Required: Concurrency Deferral Affidavit BACKGROUND ANALYSIS The applicant, Andrew W. Russo, and representative David F. Milledge, Esq., are requesting an Amendment to the Official Zoning Atlas from the CO (Commercial, Office) Zoning District to the CN (Commercial, Neighborhood) Zoning District for the combined 0.534-acre parcels located at the southwest corner of Prima Vista Boulevard and Airoso Boulevard. The Future Land Use designation is COM (Commercial), and the site is located within the Urban Service Boundary (USB). Previous Actions o On March 27, 1990, the St. Lucie County Board of County Commissioners approved Resolution 90- 79, granting a change in zoning from the RS-4 (Residential, Single -Family) Zoning District to the CO (Commercial, Office) Zoning District. The purpose is stated to provide a zoning designation with additional commercial uses to serve the surrounding properties. Proposed Rezoning CN (Commercial, Neighborhood) ST. LUCIE Page 189 of 256 Project Name: Prima Vista Rezoning File No.: RZ-8202025811 Page 3 STANDARDS OF REVIEW AS SET FORTH IN THE LAND DEVELOPMENT CODE SECTION 11.06.03 In reviewing this application for an amendment to the Official Zoning Atlas, the Board of County Commissioners shall consider and make the following determinations: A. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed rezoning to the CN (Commercial, Neighborhood) Zoning District is consistent with the St. Lucie County Land Development Code (LDC), and meets the Standards of Review set forth in LDC Section 11.06.03, as displayed in Sections A thru H of this report. Currently, the southern property (Parcel I.D. 3419-545-0003-000-0) has a land area of 9,000 ft2, and does not meet the minimum required 10,000 ft2 lot size for the CN Zoning District. The applicant has submitted an application with the St. Lucie County Property Appraiser to combine the two (2) subject parcels, thus providing a lot conforming to the minimum lot size and dimensional requirements as set forth in LDC Section 7.04.00 ST. LUCIE Page 190 of 256 Project Name: Prima Vista Rezoning File No.: RZ-8202025811 Page 4 and Table 7-10 — Lot Size and Dimensional Requirements for the CN (Commercial, Neighborhood) Zoning District. The rezoning is consistent with LDC Section 11.09.02(A), Table 11-1 - Zoning District/Land Use Category Compatibility Chart Pursuant to LDC section 10.00.03, the existing single-family dwelling is a non -conforming structure within the CO (Commercial, Office) Zoning District, and the proposed CN (Commercial, Neighborhood) Zoning District, which permits normal maintenance and repair of the structure. Any further expansion of the non- conforming structure shall be in compliance with the provisions of the Code. The applicant intends to retain the single-family dwelling until a future development proposal. The proposed CN Zoning District is consistent with surrounding parcels, providing the use scope in LDC Section 3.01.03(Q) and District purpose. Certain Conditional Uses outlined under the Commercial Neighborhood Zoning District may not be appropriate at this particular property, due to the land size, site access, and proximity to the surrounding single-family dwellings. All future uses will be required to be reviewed by the St. Lucie County Development Review Committee for compatibility with the subject site and surrounding uses. Future Land Use: The Future Land Use designation of the subject property is COM (Commercial). The COM land use category "is intended to accommodate all commercial zoning districts as identified under St. Lucie County's Land Development Code. Office and general retail uses are considered the principal uses within the COM designated areas. " "Although this plan supports the location of higher intensity commercial uses at the intersection of arterial roadways, it should not be interpreted to mean that every intersection should be designated for commercial activities. Unless otherwise designated on the future land use maps, applications for commercial use should be done in conjunction with a detailed review of the impacts of such development on adjacent property, specifically noting what, if any, negative neighborhood impacts could result from a map amendment. " Current Zoning. The property is zoned CO (Commercial, Office). This district is "to provide and protect an environment suitable for selected office and commercial uses, together with such other uses as may be necessary to and compatible with commercial office surroundings. " Proposed Zoning: The proposed zoning of the subject property is CN (Commercial, Neighborhood). The purpose of this district is "to provide and protect an environment suitable for limited retail trade and service activities covering a relatively small area and that is intended to serve the population living in surrounding neighborhoods. " Eligible Use Snapshot. Commercial Neighborhood Permitted/Conditional Use Examples Beauty & Barber Services Sporting Goods & Bicycles Real estate Eating places (walk-up services only) Household Appliances Florists Optical Goods Books and stationery Hobby, toy and game shops Laundering & Dry Cleaning (Self Service) * Small Postal /Shipping Store * Denotes a required Conditional Use Permit ST. LUCIE Page 191 of 256 Project Name: Prima Vista Rezoning File No.: RZ-8202025811 Page 5 The table above highlights examples of the permitted and conditional uses St. Lucie County would be in supportive of, as per the Land Development Code Section 3.01.03(Q). B. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; The proposed rezoning to the CN (Commercial, Neighborhood) Zoning District is consistent with the COM (Commercial) Future Land Use designation as per Comprehensive Plan Table 1-3 - Land Use Designation / Zoning Compatibility Chart. Table 1-3 - Land Use Designation lZoning Compatibility Chart Future Land Use Categories Zoning Districts „ r P4 P4 a p� a a Q x d U U F" CN X X X X X X X X X The proposed Amendment is consistent with the Comprehensive Plan Future Land Use Element Goals, Objectives, and Policies: Objective 1. L I0: Commercial Areas. St. Lucie County shall provide for the establishment of commercial zoning districts where various types of commercial retail, including commercial uses for retail trade, office and service activities and general commercial uses for highway oriented sales and services; light industrial service uses; and hotel uses may be permitted at intensities which are consistent and compatible with the surrounding community and the natural environment. Policy 1.1.10.2 - Require effective visual and light diffusion barriers between residential and non- residential uses. Standards and requirements for such barriers are to be included in the landscaping and screening regulations of the St. Lucie County Land Development Code. Policy 1.1.10.6 - Encourage the use of existing commercial and industrial designated lands within the urban service area, through requiring a strict demonstration ofservice availability, before authorizing Land Use and Zoning amendments in areas not presently indicated as having such a designation. C. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; The proposed rezoning is consistent with the existing and proposed land uses. As stated above, the CN (Commercial, Neighborhood) Zoning District is compatible with the COM (Commercial) Future Land Use designation as per the Land Development Code (LDC) and Comprehensive Plan. This amendment will not create a conflict with the surrounding zoning districts. Surrounding Land Use and Zoning Location Zoning District Future Land Use Existing Land Use Subject Property CO (Commercial, Office) COM (Commercial) Vacant & Single -Family Residential North PNRD (Planned Non- COM (Commercial) Net Mart Convenience Adjacent Residential Development) Store Parcels South RS-4 (Residential, Single - RU (Residential, Urban) Single -Family Residential Famil — 4 du/ac ST. LUCIE Page 192 of 256 Project Name: Prima Vista Rezoning File No.: RZ-8202025811 Page 6 CO (Commercial, Shell Gas Station East Neighborhood) COM (Commercial) & Single -Family RS-4 (Residential, Single- RU (Residential, Urban) Family— 4 du/ac)Residential West Right -of -Way & Right -of -Way & Animal Hospital & Institutional (City ofPSL) Institutional (City ofPSL) Child Daycare D. Whether there have been changed conditions that require an amendment, The applicant has purchased the properties with the intent for future commercial use(s) consistent with the LDC Section 3.01.03(Q). There have been no changes in the existing conditions to require the proposed amendment. The applicant is pursuing a rezone from the current CO (Commercial, Office) Zoning District to the CN (Commercial, Neighborhood) Zoning District in order to provide more compatibility with the surrounding area. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; The proposed change in zoning should not affect the acceptable level of service capacity of transportation facilities, parks, drainage, schools, solid waste, mass transit, or emergency medical facilities. Prior to the issuance of any final Development Order, the developer must demonstrate that all public facilities are available to serve the parcel and obtain a Certificate of Capacity. The applicant has signed the required Concurrency Deferral Affidavit recognizing this provision. Water/Wastewater Water and wastewater services are currently available to the subject site through the City of Port St. Lucie Utility Systems Department. According to the City of Port St. Lucie Utility Systems Department, an existing water meter located on -site may need to be upgraded to accommodate water flows. Additionally, existing wastewater facilities may need to be upgraded to accommodate future uses. Site -specific impacts will be addressed through a development application. Transportation Impacts The subject site fronts on Prima Vista Boulevard and Airoso Boulevard. Both roadways are owned and maintained by the City of Port St. Lucie. No additional transportation impacts are anticipated at this time, with a Concurrency Deferral Affidavit secured. Although the subject sites are located within the jurisdiction of St. Lucie County, a City of Port St. Lucie driveway permit will be required for the proposed connection to Airoso Boulevard, as well as further review of traffic generation, vehicle stacking, and circulation. Due to the sites proximity with the intersection of Prima Vista Boulevard and Airoso Boulevard, the City of Port St. Lucie has requested the site access be limited to Airoso Boulevard, as a right-in/right-out configuration and shall be positioned as far south as possible. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; Background The Environmental Resources Department (ERD) is in receipt of the August 07, 2020 date -stamped submittal from Planning and Development Services. The applicant is requesting approval to change the zoning of the subject parcels (Parcel ID 3419-545-0002-000-3 and Parcel ID 3419-545-0003-000-0) from CO to CN. The 0.54-acre site is located at 190 SW Airoso Boulevard in Fort Pierce. ST. LUCIE Page 193 of 256 Project Name: Prima Vista Rezoning File No.: RZ-8202025811 Page 7 Findings The proposed rezoning is not anticipated to result in any adverse environmental impacts, as no development activities are proposed at this time and no increase in density is proposed. If site development activities are proposed in the future, ERD will conduct further review through the site plan or building permit review process. Recommendation ERD has no objection to the approval of the referenced rezone application. G. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative affects of such patterns; The proposed change in zoning will result in an orderly and logical development pattern. The proposed parcel is located within the Urban Service Boundary, with existing commercial uses situated to the north and east, and residential uses to the west, south, and east of the subject properties. The requested rezone is not expected to harm other property or improvements in the neighborhood. All future commercial uses shall be required to provide adequate landscape buffering and screening from the adjacent residential uses, as per Land Development Code Section 7.09.04(E). This petition will not negatively affect the development patterns in the surrounding area. H. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this Code, The proposed CN (Commercial, Neighborhood) Zoning District is not in conflict with the public interest and is in harmony with the purpose and intent of the Land Development Code. CONCLUSION: Staff has reviewed this petition and determined that it conforms to the Standards of Review as set forth in Section 11.06.03 of the St. Lucie County Land Development Code and is consistent with the St. Lucie County Comprehensive Plan Goals, Objectives, and Policies. PLANNING AND ZONING COMMISSION: The Planning & Zoning Commission held a public hearing on November 19, 2020, unanimously passing a motion to recommend approval. PUBLIC NOTIFICATION: The petition was noticed via a Display Ad in the local newspaper on December 23, 2020, sign posted on the property, and mailed notice to 28 owners of property within 500 ft. of the petition site. RECOMMENDATION: Staff recommends the Board of County Commissioners approve Resolution 2021-003 to rezone the petition sites. ST. LUCIE Page 194 of 256 RESOLUTION NO. 2021-003 File No.: RZ-8202025811 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY GRANTING/DENYING A CHANGE IN ZONING FROM THE CO (COMMERCIAL, OFFICE) ZONING DISTRICT TO THE CN (COMMERCIAL, NEIGHBORHOOD) ZONING DISTRICT FOR A PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: The property owner, Andrew Russo with Park Avenue Real Estate Investments LLC, and representative David Milledge with Cotleur & Hearing, petitioned for an Amendment to the Official Zoning Atlas to change the zoning from the CO (Commercial, Office) Zoning District to the CN (Commercial, Neighborhood) Zoning District in St. Lucie County, Florida, for the property legally described in Paragraph "A" and depicted on the attached map as Exhibit "A". 2. On March 27, 1990, the St. Lucie County Board of County Commissioners approved Resolution 90-79, granting a change in zoning from the RS-4 (Residential, Single -Family) Zoning District to the CO (Commercial, Office) Zoning District. 3. On November 19, 2020, the St. Lucie County Planning and Zoning Commission held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property, and recommended the Board of County Commissioners approve the request for a change in zoning from CO (Commercial, Office) to the CN (Commercial, Neighborhood) Zoning District. 4. On January 12, 2021, this Board held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property. 5. The proposed change in zoning has satisfied the requirements of Section 11.06.03 of the St. Lucie County Land Development Code and is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. 5. The proposed change in zoning is consistent with the existing and proposed use of property in the surrounding area. 6. A Concurrency Deferral Affidavit, a copy which is attached to this Resolution as Exhibit "B" was signed by the applicant on August 6, 2020. Page 1 Resolution No. 2021-003 RZ-8202025811 Page 195 of 256 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The property on which the Change in Zoning from the CO (Commercial, Office) Zoning District to the CN (Commercial, Neighborhood) Zoning District is being granted/denied is described below. LEGAL DESCRIPTION: LOT 1 AND 2, BLOCK 56, OF RIVER PARK UNIT 6, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 12, PAGE 28, OF THE PUBLIC RECORDS OF ST LUCIE COUNTY, FLORIDA Location(s): TBD Airoso Boulevard & 190 SW Airoso Boulevard, Port St. Lucie, FL 34945 Parcel ID(s): 3419-545-0002-000-3 & 3419-545-0003-000-0 (to be combined) B. The St. Lucie County Planning and Development Services Director shall be authorized to amend the Official Zoning Map to change the zoning of the property herein described, from the CO (Commercial, Office) Zoning District to the CN (Commercial, Neighborhood) Zoning District and to make notation of the reference to the date of adoption of this Resolution. C. A copy of this Resolution shall be mailed, return receipt requested, to the owner and agent of record as identified on the application. D. This Resolution shall be recorded in the Public Records. After motion and second, the vote on this resolution was as follows: Chris Dzadovsky, Chair XXX Sean Mitchell, Vice -Chair XXX Commissioner Linda Bartz XXX Commissioner Frannie Hutchinson XXX Commissioner Cathy Townsend XXX Page 2 Resolution No. 2021-003 RZ-8202025811 Page 196 of 256 PASSED AND DULY ADOPTED This 12 day of January 2021. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA In ATTEST: Chair APPROVED AS TO FORM AND CORRECTNESS: Deputy Clerk County Attorney Resolution No. 2021-003 Page 3 RZ-8202025811 Page 197 of 256 Page 4 Exhibit "A" (Boundary Survey) s� 3 4• y 4 ; 21 a Sko L G� - -UHWN 'OCE P 195. mm I� (Pj(P) m CIO � C7 pi Is it •12 ��. Bg e9� x :, �f � I r ?jFAST LINE OF BLOB '.fi 7g96' 75.0]' P 95.00F 'I' I - - - - _ AIROsa aw - - wwK[ — - - - L'M.' gREET III - rl �R Gm _.�� ' y6gY%-gFF$ qz M Resolution No. 2021-003 RZ-8202025811 Page 198 of 256 Page 5 Exhibit "B" St. Lucie County Cuncurrency Deferral Affidavit 1, Andreae Russo , residing or doing business at 190 Airoso Blvd. , Name street Port St. Lucie FL 34993 City State zip Phone have applied for a Rezoning fmm St. Lucie County, Florida, Type of Development Order for the following project: Prima Vista & Airosa Name of Proposed Development I do hereby affirm that in connection with my application for the above project, I have elected to defer the certificate of capacity and reservation of capacity in public facilities for the above property until a later time, but no later than the application far a final development order for the same property. I understand and acknowledge that the above listed property will be subject to the certificate of capacity before any final development order can be issued, and that St. Lucie County can mace no guarantee that adequate public facilities will be available when I apply for the final development order. I further acknowledge that according to Section 5.0S.0l of the St. Lucic County Land Development Code, no final development approval can be granted until capacity in those facilities is available at that time. The issuance of a preliminary development order without a certificate of capacity creates no vested or other rights to develop the subject property. L /�t Signed: Date: Applicant STATE OF R R1DA COUNTY OF The r-eg3oi ig instntment was acknowledged before me this (An_ day A + 20 by who is perwriaRy knowu to me t ISJ bAr_es i�e�nffiearieu_ t sigwtare TypAr Print Name of Notary Commission Number (Seal) Hli AR=URj�N L.MY COL1�r8p 63tPf1i Page I of t Revised; April 1, 2008 Resolution No. 2021-003 RZ-8202025811 Page 199 of 256 Suggested motion to recommend approval/denial of this requested change in zoning. MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS ADOPT RESOLUTION 2021-292, APPROVING THE APPLICATION OF PRIMA VISTA & AIROSO REZONE FOR A CHANGE IN ZONING FROM THE CO (COMMERCIAL, OFFICE) ZONING DISTRICT TO THE CN (COMMERCIAL, NEIGHBORHOOD) ZONING DISTRICT, BECAUSE..... [CITE REASON WHY - PLEASE BE SPECIFIC]. MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS ADOPT RESOLUTION 2021-292, DENYING THE APPLICATION OF PRIMA VISTA & AIROSO REZONE FOR A CHANGE IN ZONING FROM THE CO (COMMERCIAL, OFFICE) ZONING DISTRICT TO THE CN (COMMERCIAL, NEIGHBORHOOD) ZONING DISTRICT, BECAUSE [CITE REASON WHY - PLEASE BE SPECIFIC]. Page 200 of 256 AA Mn- Location Map N West Midway Rd Midway Rd m n 2a II, C N U cn co m Bayshore ✓ P ose cF Blvd Floresta iicD Prima Vista Blvd \Ne0vd -a =" St o '-- i Savannah Club C ro m j` y Blvd o m o Subject Parcel C, Q 2 Walton Rd U Crosstown Pkwy " o� �4 /a ghv G \ a o Port St F�� Q ���, Blvd n Gatlin BYvd i -- Page 201 of 256 Aorial Man Owners Mail -Out Map Prima Vista Rezone RZ - 8202025811 Owners Map 0 z NEsoLIOAOR z-. 3 ' NW PRIMA VISTA sLyb NE PRIMA VISTA BLV 5W PRIMA VISTA BLVD 5E PRIMA VISTA BLVR I N a � i tppf� OO 0 z — 7..1 a BDRITA CT r e,- EL SIM CT 3` 1 Subjc.L Parcels Parcels within 500ft 0 250 500 1,000 N Feet 500R_Ruffer Map Prpa ered on November 4.2020 N Page 202 of 256 Zoning Map Future Land Use Map Page 203 of 256 LEGEND �- \ IV 0 - DELTA (CENTRAL ANGLE) M.C.R. - MARTIN COUNTY RECORDS - CENTER LINE O/S - BUILDING OFFSET Ai A/C - AIR CONDITIONER O.R.B. - OFFICIAL RECORD BOOK A.K.A. -ALSO KNOWN AS P.B. - PLAT BOOK ALUM. - ALUMINUM P.C. -POINT OF CURVATURE PRIMA VISTA BOULEVARD = _ B.E. - BUFFER EASEMENT P.I. - POINT OF INTERSECTION — — — — — o— — C.B. - CATCH BASIN PGS. - PAGE(S) (100' R/W) C.O. ® - CLEANOUT P.R.M.■ - PERMANENT REFERENCE MONUMENT F CLF - CHAIN LINK FENCE PROP. - PROPOSED CONC. - CONCRETE R. - RADIUS COV. - COVERED R/W - RIGHT-OF-WAY D.E. - DRAINAGE EASEMENT RGE. - RANGE ELEC. - ELECTRIC S.E. - SANITARY EASEMENT SITE ELEV. - ELEVATION SEC. - SECTION = EQUIP. - EQUIPMENT SQ. FT. - SQUARE FEET 0 ESMT. - EASEMENT TWP. - TOWNSHIP EXIST. - EXISTING TYP. - TYPICAL o g PRIMA VISTA BOULEVARD F.H. - FIRE HYDRANT U.E. - UTILITY EASEMENT O o F.P.L. - FLORIDA POWER &LIGHT W.E. -WATER EASEMENT FIN. - FINISHED W.M. El- WATER METER FLR. - FLOOR aa.00 - DENOTES PROPOSED ELEVATION kQ FND. - FOUND 0�00 - DENOTES EXISTING ELEVATION G.V. N - GATE VALVE - DIRECTION OF FLOW I.R./CAP - IRON ROD & CAP 0 - DRAINAGE MANHOLE CURB INLET CURB & GUTTER O INV. - INVERT O - IRRIGATION CONTROL VALVE O m IRR. -RRIGATION — oHW — - OVERHEAD WIRES L - ARC LENGTH e - SANITARY MANHOLE _ L.E. - LANDSCAPE EASEMENT - SET 5/8" IR/CAP LB 3591 N L.P. - LOW POINT - SIGN OD 5' CONC. WALK 25.00' 50.00' O cttlt+SET 5/8" p N�'56'00"W(P) 95.00' w — — �H ON��J � a IR/CAP LB 3591 SIGN SET NAIL o CONC. POWER POLE SIGN J DISK LB 3591 N CONC. TRAFFIC SIGNAL POLE R=25.00' T TITS A--90000900" LOCATION MAP o L=39.27' I NOT TO SCALE SET 5/8" IR/CAP LB 3591 z m WOOD LIGHT C) POLE 100' DRAINAGE EASEMENT GRAPHIC SCALE ( IN FEET ) 1 INCH = 20 FT. CAUL FIELD & WHEEL -ER, INC. CIVIL ENGINEERING LANDSCAPE ARCHITECTURE - SURVEYING 7900 GLADES ROAD - SUITE 100 R�yf BOCA RATON, FLORIDA 53454 PHONE (561)-592-1991 / FAX (561)-750-1452 14 •� Co In CD LOT 1 z Y o BLOCK 56 0 0 J Q m L(7 w LL O '-J SET 5/8" IR/CAP LB 3591 , o / N89°56 00 W(P) 120.00 W.M. — nC.L.F. ,1 W.P.P. OlyI 4' N AC UNIT OID FOUND 3/8 W.P.P. 0 IRON ROD 27, 7 28.8 1 STORY rvi I RESIDENCE o = o LOT 2 N #190 a CCD DCDBLOCK 56In 0 0,4 CAR 4' C.L.F. 9'7 14 7,2 PORT BRICK PAVER WALK CONIC. DRIVE 0o SLAB r-r O o� r. 4' C.L.F. [:'LAB 9'56'00"W 120.00' W.P.P. SET 5/8" IR/CAP LB 3591 L O z O LOTS 1 & 2, BLOCK 56 RIVER PARK UNIT 6 BOUNDARY SURVEY END 4' C.L.F. BEGIN 6' C.L.F. x 6' C.L.F. LOT 3 BLOCK 56 FOUND 3/8" IRON ROD N=0.04' rn O O ui rn 0 0 O Z MAIL BOX 50.00' yj NOTES: 1. THIS SURVEY MAP, OR ANY COPIES THEREOF, ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL SEAL OF A FLORIDA LICENSED PROFESSIONAL LAND SURVEYOR. 2. THE LANDS, AS SHOWN HEREON, WERE NOT ABSTRACTED FOR RIGHT-OF-WAY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENT OF RECORD. 3. BEARINGS SHOWN HEREON REFER TO THE RECORD PLAT BEARING OF N00'04'00"E ALONG THE EAST LINE OF BLOCK 56 OF SAID PLAT. 4. THE DESCRIPTION, AS SHOWN HEREON, IS IN ACCORD WITH THE INSTRUMENT OF RECORD. 5. ANY UNDERGROUND FOUNDATIONS WERE NOT LOCATED. 6. ADDITIONS OR DELETIONS TO SURVEY MAPS BY OTHER THAN THE SIGNING PARTY, OR PARTIES, IS PROHIBITED, WITHOUT WRITTEN CONSENT OF SAID SIGNING PARTY, OR PARTIES. 7. FLOOD ZONE: "X"; FIRM MAP NO. 12111CO278K; COMMUNITY NO. 120285; DATED: FEBRUARY 19, 2020. DESCRIPTION: LOTS 1 AND 2, BLOCK 56, OF RIVER PARK - UNIT 6, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 12, PAGE 28, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. SAID LANDS SITUATE IN UNINCORPORATED ST. LUCIE COUNTY, FLORIDA. CONTAINING 23,266 SQUARE FEET OR 0.534 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS, AND RIGHTS -OF -WAY OF RECORD. I HEREBY CERTIFY THAT THE ATTACHED BOUNDARY SURVEY OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS SURVEYED UNDER MY DIRECTION ON JULY 21, 2020. 1 FURTHER CERTIFY THAT THIS BOUNDARY SURVEY MEETS THE STANDARDS OF PRACTICE SET FORTH IN CHAPTER 5J-17 ADOPTED BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS, PURSUANT TO FLORIDA STATUTES 472.027. Digitally signed by Ronnie Furniss Ronnie DN c=US, st=Florida, l=Boca Raton, ou=Surveyor & Mapper, o=Caulfield & Wheeler, Inc, n=Ronnie Furniss, Ronni rniss, Furniss em nie soccom Date: 2020.07.23 13:35:19-04'00' ------------- RONNIE L. FURNISS, ----- P.S.M. PROFESSIONAL SURVEYOR AND MAPPER #6272 STATE OF FLORIDA - LB #3591 DATE 7 23 2020 SCALE 1 "=20' FLD.BK. N/A CHECKED BY RLF PAGE N/A FILE NAME: 8986_Lots 1& 2 River Park Unit 5.dwg 8986 SHT.NO. 1 OF 1 SHEETS Page 204 of 256 ST. LUCIE COUNTY Planning & Development Services Department Planning Division 2300 Virginia Avenue, Ft. Pierce, FL 34982 Office: 772-462-2822 — Fax: 772-462-1581 1.0m 1planninq/planning.htm DEVELOPMENT APPLICATION A pre -application conference is recommended prior to main application submittal. Please contact the Planning Division to schedule an appointment. Submittal Type rcheck each that appliesl Site Plan Rezoning s ❑ Major Site Plan QC Rezoning (straight rezoning) ❑ Minor Site Plan ❑ Rezoning (includes PUD/PNRD/PMUD) ❑ Major Adjustment to Major Site Plan ❑ Rezoning with Plan Amendment ❑ Major Adjustment to Minor Site Plan Comprehensive Plan Amendment 4 ❑ Major Adjustment to PUD/PNRD/PMUD ❑ Future Land Use Map Change ❑ Minor Adjustment to Major Site Plan ❑ Comprehensive Plan Text Amendment ❑ Minor Adjustment to Minor Site Plan ❑ Minor Adjustment to PUD/PNRD/PMUD Planned Development ❑ Planned Town or Village (PTV) ❑ Planned Country Subdivision (PCS) ❑ Planned Retail Workplace (PRW) ❑ Prelim. Planned Unit Develop. (PUD) ❑ Prelim. Planned Mixed Use Develop. (PMUD) ❑ Prelim. Planned Non -Res. Develop. (PNRD) ❑ Final Planned Unit Develop. (PUD) ❑ Final Planned Mixed Use Develop. (PMUD) ❑ Final Planned Non -Res. Develop. (PNRD) Conditional Use' ❑ Conditional Use ❑ Major Adjustment to a Conditional Use ❑ Minor Adjustment to a Conditional Use Variance 2 ❑ Administrative Variance ❑ Variance ❑ Variance to Coastal Setback Line Other ❑ Administrative Relief ❑ Class A Mobile Home 5 ❑ Developer Agreement (Submit per LDC 11.08.03) ❑ Power Generation Plants ❑ Extension to Development Order ❑ Historical Designation/Change 6 ❑ Land Development Code Text Amendment 7 ❑ Plat ❑ Post Development Order Change ❑ Re -Submittal # 8 ❑ Shoreline Variance Stewardships — Sending/Receiving Telecom Tower (Submit per LDC T 10.23) Transfer of Development Rights Waiver to LDC/Comp. Plan Requirements s Appeal of Decision by Administrative Official10 Eminent Domain Waiver" Application Supplement Packages 1. Conditional Use 6. Historical Designation/Change 10. Appeal of Decision by 2. Variance 7. LDC Text Amendment Administrative Official 3. Rezoning / Zoning Atlas Amend. B. Re- Submittal 11. Eminent Domain Waiver 4. Comp. Plan Amendments 9. Waiver to LDC/Comp. Plan 5. Class A Mobile Home Requirements Refer to Fee Schedule for applicable fees. All required materials must be included at the time of submittal along with the appropriate non-refundable fee(s). Page 1 of 6 Revised May 6, 2013 Page 205 of 256 FEE CALCULATION WORKSHEET SITE DEVELOPMENT PLANS — Plannina Division Application Type: Rezoning Supplemental Application Package No.: 3 (Please provide separate fee calculation worksheet for each application type) ❑ BASE REVIEW FEE: $ 2,250 (A) ❑ CONCURRENCY FEE: $ 50 _ (B) ❑ ERD REVIEW FEE: $ 150 (C) ❑ UTILITIES $ 5o ❑ PER ACREAGE CHARGE: $ (D) ❑ RESUBMITTAL FEE: (if applicable) $ (E) ❑ OTHER $ SUBTOTAL OF BASIC FEES: $ 2,500 ❑ PRE -APPLICATION MEETING FEE: (F) $( 250 ) deduction Receipt No. of Payment: Date of Pre App: 05/28/2020 BALANCE OF FEES DUE: $ 2,250 SEPARATE CHECK FOR TRAFFIC IMPACT STUDY — Ordinance No. 06-047; amending Chapter 5.11.01 of the St. Lucie County Land Development Code ❑ $950.00 — Methodology Meeting (H) (If Applicable) • Additional fees will be due if a 31d party traffic study review is needed. These services will be invoiced to applicant upon receipt of quote of services from 31d party. • Please note: For all projects requiring public notice, you will be invoiced by St. Lucie County Planning Division. Refer to "Public Procedures". • Other fees may be applicable by other external reviewing agencies- it eFire District pd proof of payment will be required prior to project approval. Pre -Application Meeting Andrew Russo / If- icant Name (P INTAKE REVIEWER - SIGNATURE VERIFIED BY - SIGNATURE (For office use only) DATE DATE of applicant File #: Receipt #: Targeted Industry: Page 2 of 6 Revised March 15, 2016 Page 206 of 256 Submittal Requirements The following checklist is provided as a reminder. Please see applicable code sections for more detailed submittal requirements. Ail Submittals MUST be in complete folded and collated sets. All applications must include the following: E:k Application, completed in black ink, with property owner signature(s) and notary seal (1 original and 11 copies) IX Aerial Photograph — property outlined (available from Property Appraiser's office IN Property Deed [9 Legal description, in MS Word format, of subject property 19 Property Tax Map — property outlined (electronic copy not required) [?� Survey (24x36) ❑ 2 CDs of all documents submitted - with files named according to the Required Naming List. (attached) IX Concurrency Deferral Affidavit; or ❑ Description and analysis of the impact of the development on public facilities in accordance with the methodologies acceptable to the County (LDC Section 5.08.02). This will require a Transportation Assessment or a full Traffic Impact Report, if applicable. Site Plan and Planned Development Applications must also include: ❑ Site Plan 24"x36" at a scale of 1"=50' (12 copies- folded, not rolled) ❑ Boundary Survey (2436) — Signed and Sealed (12 originals) ❑ Topographic Survey (2436) — Signed and Sealed (12 originals) ❑ Landscape Plan — Signed and Sealed (12 originals) ❑ Traffic Impact Report (TIR) (4 copies) if: o 50+ residential units o Development on N. or S. Hutchinson Island o Non-residential (see LDC Section 11.02.09(4)) ❑ Environmental Impact Report (4 copies) if:(See LDC Section 11.02.09(5)) o The property is ten acres or greater o The property, regardless of size, contains a wetland; o The property is identified on the "Native Habitat Inventory for SLC"; o The proposed development is located in whole, or part, within the One Hundred Year Flood Plain; o Development on N. or S. Hutchinson Island Development Order Extension Applications only require the following: ❑ Letter of justification — submitted at least 2 weeks prior to expiration. (LDC 11.02.06) ❑ Updated Traffic Analysis if applicable (4 copies) ❑ Approved Resolution or GM Order Final Plats only require 2 CDs (follow specifications above) & 4 c_ _opies of the following: ❑ Main Application and back up material ❑ Approved Site Plan and copy of approved Development Order ❑ Plat - Include extra copies of Plat for applicable conditions of approval (3 Original Mylars Needed for Recording) *Please note: Only a surveyor, attorney, or title agent is authorized to provide a legal description. The legal description provided on the property appraiser's website is not valid for our purposes. The legal description you provide us will be used in all future documentation. If it is incorrect, it may invalidate the results of any hearing(s). Page 3 of 6 Revised March 15, 2016 Page 207 of 256 Proiect Information Project Name: Prima Vista & Airoso Site address: 190 SW Airoso Boulevard P� ID Number(s): 3419-545-0002-000-3 & 3419-545-0003-000-0 Legal Description: (Attach additional sheets if necessary — also must be provided in MS Word format on CD) Lot 1 and 2, Block 56 of River Park Unit 6, according to the Plat thereof, as recorded in Plat Book 12, Page 28, of the Public Records of St. Lucie County, Florida. Property location — Section/Township/Range: Property size — acres: 0•54 Square footage: Future Land Use Designation: Commercial Zoning District: Commercial Office Description of project: (Attach additional sheets if necessary) Proposed rezoning of parcels from Commercial Office (CO) to Commercial Neighborhood (CN) Type of construction (check all applicable boxes): ❑ Commercial Total Square Footage: Existing ❑ Industrial Total Square Footage: Existing ❑ Residential No. of residential units: Existing No. of subdivided lots: Existing CNOther Please specify: N/A Number and size of out parcels (if applicable): Page 4 of 6 Revised March 15, 2016 Proposed:_ Proposed:._ Proposed:_ Proposed:__ Page 208 of 256 SPECIAL NOTICE (PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW) Submission of this application does not constitute the granting of approval. All appropriate requirements must be met prior to this project being presented for approval to the appropriate authority. St. Lucie County reserves the right to request additional information to ensure a complete review of this project. ACKNOWLEDGMENTS Applicant Information (Property Developer): Business Name: Park Avenue Real Estate InvE Name: Andrew Russo Address: 300 W. Indiantown Road Jupiter, FL 33458 (Please use an address that can accept overnight packages) Phone: Fax: Email: arusso@ipre.com Agent Information: Business Name: Cotleur & Hear og Name: David Milledge/Don Hearing Address. 1934 Commerce Ln, Ste 1 Jupiter, FL 33458 (Please use an address that can accept overnight packages) Phone: 561.747.6336 Fax: dmillPri- Mcotle, Ir-hearing com Email: dhearing c@cotleur-hearing.com Please note: both applicant and agent will receive all official correspondence on this Property Owner Information This application and any application supplement will not be considered complete without the notarized signature of all property owners of record, which shall serve as an acknowledgment of the submittal of this application for approval. The property owner's signature below shall also serve as authorization for the above applicant f gent to ac�+on behalf of said property owner. Andrew Russo, as manager of owner property Owner Signature Property Owner Name (Printed) Mailing Address: 300 W. Indiantown Road phone: , FL 33458 If more than one owner, please submit additional pages STATE OF l0 (elC� , COUNTY OF i'caft-, B�c� The foregoing instruments acknowledged before me this l�v� day of `Sf , 20 c by � �•1 "ScK�-�Swho is personally known to me or -who -has .prodaGed 4�A W as identAetation. nk '? 11 Signature of Notary Type or Print Name 9 Notary 0LQL�b\ Commission Number (Seal) Page 5 of 6 Revised March 15, 2016 R HILARY L. BURTONMY COMMISSION # GGI O6401B}{pIltES: July 22, 202I Page 209 of 256 Required Document Naming List " All electronically submitted documents must be formatted and named according to the list below. If your submittal includes a document not on the list, the document name shall clearly reflect the content of the submitted document. Document Document Format Required Name on CD Aerial Photograph PDF Aerial. df Application PDF Application.pdf Approval Order PDF ApprovalOrder.pdf Architectural Elevations PDF ArchElev. df Boundary / Topographic Survey PDF BoundaryTopo.pdf Drain e J Stormwater Plan PDF DrainaciePin.pdf Easements PDF Easements. df Environmental Impact Report PDF or Word EIR. df or EIR.doc Existing Condition Plan PDF Existing Cond. df Flood Plain PDF or Word Flood. df or Flood. Doc Landscape Plan PDF Landsca e. df Legal Description Word Legal.doc Lighting Plan PDF Lighting.pdf Mitigation Plan PDF Miti ation. df Mobile Home Plans PDF or Word MobileHome. df or MobileHome.doc Paving Plan PDF Paving.pdf Permit External PDF Permit. df Plat PDF Plat. df or Plat.doc Property Deed PDF Deed. df Site Plan PDF SitePlan. df Traffic Impact Report PDF or Word TIR. df or TIR.doc Tree Survey PDF Tree. df Turtle Protection PDF or Word Turtle. df or Turtle.doc Utility Plan PDF Utiliity.pdf Vegetation Removal Application PDF Ve etation. df Page 6 of 6 Revised March 15, 2016 Page 210 of 256 St. Lucie County Concurrency Deferral Affidavit I, Andrew Russo , residing or doing business at 190 Airoso Blvd. , Name Street Port St. Lucie FL 34983 City State zip Phone have applied for a Rezoning from St. Lucie County, Florida, Type of Development Order for the following project: Prima Vista & Airoso Name of Proposed Development I do hereby affirm that in connection with my application for the above project, I have elected to defer the certificate of capacity and reservation of capacity in public facilities for the above property until a later time, but no later than the application for a final development order for the same property. I understand and acknowledge that the above listed property will be subject to the certificate of capacity before any final development order can be issued, and that St. Lucie County can make no guarantee that adequate public facilities will be available when I apply for the final development order. I further acknowledge that according to Section 5.08.01 of the St. Lucie County Land Development Code, no final development approval can be granted until capacity in those facilities is available at that time. The issuance of a preliminary development order without a certificate of capacity creates no vested or other rights to develop the subject property. Signed: Date: Applicant STATE OF FL RIDA COUNTY OF The foregoing instrument was acknowledged before me this (0�_ day of t/W� , 20c&_), by ��� who is personally known to me INN- a9-ideiriilton_ E Signature of T�yri • or Print Name of Notary Commission Number (Seal) HILARY L. BURTON > MY COMMISSION # GG106401 OPFUW EXPIRES: July 22, 2021 Page 1 of 1 Revised: April 1, 2008 Page 211 of 256 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY FILE # 3989068 OR BOOK 3666 PAGE 1265, Recorded 08/27/2014 at 01:16 PM Doc Tax: $0.70 Prepared by and Return to: Milla Kabalkin - C/O Illustrated Properties 300 W Indiantown Road Jupiter, FL 33458 QUIT CLAIM DEED THIS QUIT CLAIM DEED, made this 22nd day of August, 2014, between Milla Kabalkin, whose post address is 190 Airoso Boulevard, Port St. Lucie, FL 34983 ("First "Party") and Park Avenue Real Estate Investments, LLC, whose post office address is 300 W Indiantown Road, Jupiter, FL 33458, ("Second Party"): (Wherever used herein the terms "First Party" and "Second Party" shall include singular and plural, heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires). WITNESSETH, that said First Party, for and in consideration of the sum of ONE and 00/100 ($1.00) dollar, in hand paid by the said Second Party, the receipt whereof is hereby acknowledged, does hereby remise, release and quit -claim unto the said Second Party, forever, all the right, title, interest, claim and demand which the said First Party has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Saint Lucie, State of Florida, to wit: Lot 1 and 2, Block 56, of River Park Unit 6, according to the Plat thereof, as recorded in Plat Book 12, Page 28, of the Public Records of ST LUCIE County, Florida TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said First Party, either in law or equity, to the only proper use, benefit and behalf of the said Second Party forever. IN WITNESS WHEREOF, the said First Party has si above written. Signed, sealed and delivered our presence: Print: sealed these presents the day and year first STATE OF -` J COUNTY OF he foregoi g instrument was acknowledged before me this day of , 2014, by l a-� i t� , who is personally known to me or who produceda-tyff,�,, Uc_as identification and who did/did not take an oath. HILARY L BURTON NOTARY PUBLIC STATE_QFFLONDA Notary Public, State of 1�-\C%�C\,cL (NOTARIAL SE ley Commission Expires: My Notary Number is: vlFba "1S Page 212 of 256 St. Lucie County Concurrency Deferral Affidavit I, Andrew Russo , residing or doing business at 190 Airoso Blvd. , Name Street Port St. Lucie FL 34983 City State zip Phone have applied for a Rezoning from St. Lucie County, Florida, Type of Development Order for the following project: Prima Vista & Airoso Name of Proposed Development I do hereby affirm that in connection with my application for the above project, I have elected to defer the certificate of capacity and reservation of capacity in public facilities for the above property until a later time, but no later than the application for a final development order for the same property. I understand and acknowledge that the above listed property will be subject to the certificate of capacity before any final development order can be issued, and that St. Lucie County can make no guarantee that adequate public facilities will be available when I apply for the final development order. I further acknowledge that according to Section 5.08.01 of the St. Lucie County Land Development Code, no final development approval can be granted until capacity in those facilities is available at that time. The issuance of a preliminary development order without a certificate of capacity creates no vested or other rights to develop the subject property. Signed: Date: Applicant STATE OF FL RIDA COUNTY OF The foregoing instrument was acknowledged before me this (0�_ day of t/W� , 20c&_), by ��� who is personally known to me INN- a9-ideiriilton_ E Signature of T�yri • or Print Name of Notary Commission Number (Seal) HILARY L. BURTON > MY COMMISSION # GG106401 OPFUW EXPIRES: July 22, 2021 Page 1 of 1 Revised: April 1, 2008 Page 213 of 256 R. CO COMMERCIAL, OFFICE. 1. Purpose. The purpose of this district is to provide and protect an environment suitable for selected office and commercial uses, together with such other uses as may be necessary to and compatible with commercial office surroundings. The number in "( )" following each identified use corresponds to the SIC Code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC Code but may be further defined in Section 2.00.00 of this Code. 2. Permitted Uses: a. Adjustment/collection and credit reporting services. (732) b. Advertising. (731) c. Communications - except towers. (48) d. Computer programming, data processing and other computer related services. (737) e. Contract construction services - office only. (15, 16, 17) f. Duplicating, mailing, commercial art/photography and stenographic services. (733) g. Engineering, accounting, research, management and related services. (87) h. Executive, legislative, and judicial functions. (91, 92, 93, 94, 95, 96, 97) i. Finance, insurance, and real estate services. (60, 61, 62, 63, 64, 65, 67) j. Health services - except nursing homes and hospitals. (80) k. Membership organizations subject to the provisions of Section 7.10.31. (86) I. Miscellaneous business services: (1) Detective, guard and armored car services. (7381) (2) Security system services. (7382) (3) News syndicate. (7383) (4) Photofinishing laboratories. (7364) (5) Business Services - misc. (7389) m. Personnel supply services. (736) n. Social services: (1) Individual and family social services. (832/839) o. Travel agencies. (4724) 3. Lot Size Requirements. Lot size requirements shall be in accordance with Section 7.04.00. 4. Dimensional Regulations. Dimensional requirements shall be in accordance with Section 7.04.00. 5. Off-street Parking and Loading Requirements. Off-street parking and loading requirements are subject to Section 7.06.00. 6. Landscaping Requirements. Landscaping requirements are subject to Section 7.09.00. 7. Conditional Uses: a. Child care services. (835) b. Television and radio transmitting towers. (999) c. Telecommunication towers - subject to the standards of Section 7.10.23. (999) 8. Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00 and include the following: a. Eating and drinking places (undistilled alcoholic beverages as an accessory to a restaurant). b. Postal services. (43) c. Solar energy systems, subject to the requirements of Section 7.10.28. Page 214 of 256 LAND DEVELOPMENT CODE SECTION 3.01.03 Q. CN COMMERCIAL, NEIGHBORHOOD. 1. Purpose. The purpose of this district is to provide and protect an environment suitable for limited retail trade and service activities covering a relatively small area and that is intended to serve the population living in surrounding neighborhoods. The number in "( )" following each identified use corresponds to the SIC code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. 2. Permitted Uses: a. Beauty and barber services. (723/724) b. Membership organizations subject to the provisions of Section 7.10.31. (86) c. Depository institutions. (60) d. Laundering and dry cleaning (self service). (7215) e. Real estate. (65) f. Repair services: (1) Electrical repair. (762) (2) Shoe repairs. (725) (3) Watch, clock, jewelry, and musical instrument repair. (7631) g. Retail trade (each building shall be less than 6,000 square feet gross floor area, all uses inclusive): (1) Antiques. (5932) (2) Apparel and accessories. (56) (3) Books and stationery. (5942/5943) (4) Cameras and photographic supplies. (5946) (5) Drugs and proprietary. (5912) (6) Eating places. (5812) (7) Florists. (5992) (8) Food stores. (54) (9) Gifts, novelties, and souvenirs. (5947) (10) Hobby, toy and game shops. (5945) (11) Household appliances. (572) (12) Jewelry. (5944) (13) Newspapers and magazines. (5994) (14) Optical goods. (5995) (15) Nurseries, lawn and garden supplies. (526) (16) Radios, TV's, consumer electronics and music supplies. (573) (17) Sporting goods and bicycles. (5941) (18) Tobacco products. (5993) h. Video tape rental. (784) i. Low THC and medical marijuana dispensing facility. The facility may not be located within five hundred (500) feet of the real property that comprises a public or private elementary school, middle school, or secondary school. 3. Lot Size Requirements. Lot size requirements shall be in accordance with Section 7.04.00. 4. Dimensional Regulations. Dimensional requirements shall be in accordance with Section 7.04.00. 5. Off-street Parking and Loading Requirements. Off-street parking and loading requirements are subject to Section 7.06.00. 6. Landscaping Requirements. Landscaping requirements are subject to Section 7.09.00. Page 215 of 256 7. Conditional Uses: a. Car washes (self-service only) -subject to the provisions of Section 7.10.22. (999) b. Day care - adult. (8322) - child. (8351) c. Postal services. (4311) d. Retail trade: (1) Gasoline services - accessory to retail food stores under SIC-5411. (999) (2) Un-distilled alcoholic beverages accessory to retail sale of food. (5921-Except for liquor) e. Telecommunication towers - subject to the standards of Section 7.10.23. (999) Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00 and include the following: a. Drinking places (un-distilled alcoholic beverages) accessory to an eating place. (999) b. One dwelling unit contained within the commercial building, for on -site security purposes. (999) Page 216 of 256 Environmental resources FINAL REPORT TO: Kristopher McCrain, Planning & Development Services Department THROUGH: Jennifer L. McGee, Environmental Regulations Manager Amy E. Griffin, Environmental Resources Director FROM: Brian Arbeiter, Environmental Planner DATE: August 17, 2020 SUBJECT: Prima Vista & Airoso RZ-8202025811 Background The Environmental Resources Department (ERD) is in receipt of the August 07, 2020 date -stamped submittal from Planning and Development Services. The applicant is requesting approval to change the zoning of the subject parcels (Parcel ID 3419-545-0002-000-3 and Parcel ID 3419-545-0003-000-0) from CO to CN. The 0.54-acre site is located at 190 SW Airoso Boulevard in Fort Pierce. Findings The proposed rezoning is not anticipated to result in any adverse environmental impacts, as no development activities are proposed at this time and no increase in density is proposed. If site development activities are proposed in the future, ERD will conduct further review through the site plan or building permit review process. Recommendation ERD has no objection to the approval of the referenced rezone application. Please contact Brian Arbeiter at 772-462-2866 if you have any questions. ST. LUCIE Page 217 of 256 BOARD OF COUNTY COMMISSIONERS Meeting Time: 6:00 PM (or soon thereafter) Meeting Location: BOCC Chambers SLC Administration Annex, 2300 Virginia Avenue, Applicant/Property Owner: Andrew W. Russo Park Avenue Real Estate Investments LLC 300 W Indiantown Road Jupiter, FL 33458 Agent: David F. Milledge, Esq. Cotleur & Hearing 1934 Commercial Lane, Suite 1 Jupiter, FL 33458 Project Location(s): Southwest corner of Prima Vista Boulevard and Airoso Boulevard Parcel ID(s)#: Parcel 1: 3419-545-0002-000-3 Parcel 2: 3419-545-0003-000-0 Future Land Use : COM (Commercial) Existinq Zoning: CO (Commercial, Office) Proposed Zoning: CN (Commercial, Neighborhood) Staff Kristopher McCrain Tel 772-462-1265 Email McCrainK@stlucieco.org Mail 2300 Virginia Avenue, Fort Pierce, Florida 34982 ST. LCIICIE Wry F L O R I D A Public Hearing Notice Tuesday, January 12, 2021 Notice of Proposed Amendment to the Official Zoning Atlas Prima Vista Rezone RZ - 8202025811 Aerial �t IV «-pia i .►ate 1 NE SOLIDA DR _ tr o ' NW PRIMA V-- � -.:� T� , � �'�� _t11j1• �c. �_ ������_ ISTASLVD -r-w _- 'L NE PRIMA VISTA BLVD -- 'A_IWIPRIMA VIST`BLVD m y�� SE PRIMA VISTA B_LVDs _ mail ail Subject Pafcels N 0 150 300 450 600 Aerial date: ie n 500ft Buffer Feet Map prepared on Novea mber 4, 2020 N This notice is provided because you are an owner of property within 500 feet of the petition site. Proiect Description The petitioner, Andrew W. Russo is re- questing an Amendment to the Official Zoning Atlas for a change in zoning (Rezoning) from the CO (Commercial, Office) Zoning District to the CN (Commercial, Neighborhood) Zoning District for two (2) parcels consisting of 0.534 acres located on the southwest corner of Prima Vista Boulevard and Air- oso Blvd, within the COM (Commercial) Future Land Use category The purpose of the Commercial, Neigh- borhood Zoning District is to provide and protect an environment suitable for lim- ited retail trade and service activities covering a relatively small area and that is intended to serve the population living in surrounding neighborhoods. Background On March 27, 1990, the Board of County Commissioners approved Resolution 90- 79, granting a change in zoning from the RS-4 (Residential, Single -Family - 4) Zoning District to the CO (Commercial, Office) Zoning District for the subject property. Planning & Zoning Commission On November 19, 2020, the Planning and Zoning Commission voted unani- mously to forward a recommendation of approval to the Board of County Com- missioners. The St. Lucie County Board of County Commissioners has the power to review and approve or disapprove, any applica- tions within their area of responsibility. The Board of County Commissioners strongly encourages your input and comment at the public hearing. The pub- lic will be able to physically attend this meeting, but seating in the Chambers will be regulated to comply with social distancing protocols. Members of the public who do not attend are encour- aged to wear masks or similar devices, which cover the nose and mouth. You may also mail or email written comments regarding this proceeding in advance of the public hearing for inclusion in the official record. Public comment for upcoming meetings can be submitted several ways: 0 Email: McCrainK@stlucieco.org; or 0 Email: publiccomment@stlucieco.org Anyone with a disability requiring ac- commodations to attend this meeting may contact the SLC Community Risk Manager at least 48 hours in advance at (772) 462-1546 or TDD (772) 462- 1428. Date Mailed December 25, 2020 Page 218 of 256 Page 219 of 256 -_11- 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 4o 1036078 RESOLUTION ND 90. -V F1: 1i FILE NO.: 1tZ--90--04k B= $ __By P s 4 C cl A RESOLUTION CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St.. Lucie County, Florida, has made the following determinations: 1. Cynthia G. Angelos, Trustee presented a petition for a change in zoning from RS-4 (Residential, Single Family - 4 du/ac) to CG (Commercial, General) for the property described below. 2. The St. Lucie County Planning and Zoning Commission, held a public hearing on the petition, after publishing notice at least fifteen (15) days prior to the hearing and notifying by mail Owners of property within five hundred feet (5001) of the subject property, and has recommended that the Board deny the hereinafter described request for change in zoning classification from RS-4 (Residential, Single Family - 4 du/ac) to CG (Commercial, General) for the property described below. 3. On March 27, 1990, this Board held a public hearing on the petition, after publishing a notice of such hearing in the Fort Pierce News Tribune on March 7, 1990, 6OOif8 ,. PAGE ��, Page 220 of 256 ,"r 2 .. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 and notifying by mail all owners of property within 500 feet of the subject property. 4. At the Pubilc Hearing held on March 27, 1990, before the Board of County Commissioners, the petitioner amended the request for rezoning from CG (Commercial General) to CO (Commercial Office). 5. The proposed zoning change is consistent with the St. Lucie County Comprehensive Plan and has satisfied the standards of review set out in Section 5.3.300 of the St. Lucie County Zoning Ordinance. NOW, BEFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The Zoning Classification for that property described as follows: Lot 1, Block 55, River Park, Unit Six & Lots 1 and 2, Block 56, River Park, Unit Six owned by General Development Corp., and Rene & Janice Roy, presented by Cynthia G. Angelos, Trustee, be and the same is hereby, changed from RS-4 (Residential, Single Family - 4 du/ac) to CO (Commercial, Office.) B. The St. Lucie County Community Development Director is hereby authorized and directed to cause the changes to Boa685 PAGE 212 Page 221 of 256 0 - 0 2� 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 be made on. the Official Zoning Map of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. After motion and second, the vote on this resolution was as follows: Chairman P_ Dale Trefelner AYE Vice -Chairman Havert L. Fenn AYE Commissioner Judy Culpepper AYE Commissioner Jack Krieger NAY Commissioner Jim Minix AYE PASSED AND DULY ADOPTED this 27th day of March, 1990. ATTEST BOARD OF COUNTY COMMISSIONERS ST_ LUCIE COUNTY, FLORIDA z � - G pr Y t DEPUTY CK CHAIRMAN f 90-079(REZ-D) APPROVED AS TO FORM AND `90 WIR -3 All .5 � 1036078 k, r_ .., 'R,. 2 . ` U3 Page 222 of 256 Michelle Franklin, CFA 0 1'roprrq Apprrjiscr Request for Real Property Combination Tax Year 21•00 List parcel numbers you wish to combine. 3419545-0003-000-0 3419-545-0002-000-3 Detailed Instructions Please combine lots referenced above Please confirm and initial the following as accepted and completed. I am the owner of record, legal agent or have power of attorney for the owner of record. Written proofis required for agents and those with power of attorney. R1Real Estate taxes are current. x❑ Parcels are contiguous and in the same jurisdiction. 0 Title (ownershi p) p) is the same for each parcel. 0 Verified with the St. Lucie County Planning and Development Services or other Jurisdictional Agency as to what adverse effects, if any, this combination may have on the property. 0 All mortgage lenders (if applicable) have been notified of this change. Combining mortgaged property with un-mortgaged property may create an escrow shortage resulting in a higher mortgage payment and could create slgniflcant Issues In the case of a foreclosure. 0 I understand combining parcels may increase taxes by affecting existing capped values and/or exemptions. x❑ I decline Co tiguous Homestead, which was explained and presented as an alternative to a combination. Owner Signature: ' `� '' pate; i21ZW20 2V Printed Name: A Phone: W '3 7 — o Mi Deputy Signature: Printed Name: Date: phone 772-462-1000 1 ebsl www.pasic.org 2300 Virginia Avenue, Room 107, Fort Pierce, FL 34982 Page 223 of 256 9 yti� APP� 4 Michelle Franklin, CFA L £'roperry Appmirer• IMPORTANT NOTICE A parcel split/combination by the Property Appraiser is for taxation DuMoses only and does not imply legality of new land description created by owner's request, the legality for such parcel to be conveyed via land title, nor the suitability for such parcel to be developed. Contact the appropriate land development, zoning, and/or planning department of your jurisdiction for questions concerning property development. Pursuant to Florida Statute 197,192 the Property Appraiser's office shall not split or combine parcels until all taxes due or delinquent have been paid to the Tax Collector. F HOMESTEAD PROPERTY: The land split of a homestead property will result in the removal of the Save Our Homes 3% assessment cap limitation from the newly created (split -out) parcel. The new (split -out) parcel will be assessed at market value, generally resulting in an increase in taxable value. If at a future date the property owner desires to re -combine the property, the new (split -out) parcel will be combined back with the homestead parcel at its current market value. The Save Our Homes cap will not be restored to its former level. When combining any parcel with a homestead parcel, the full market value of the non -homestead parcel will be added to the assessed value of the homestead parcel for the current tax roll. In subsequent tax years, the Save Our Homes assessment cap shall protect that value. NON -HOMESTEAD PROPERTY: The land split or combination of non -homestead property will result in the F removal of the 10% assessment cap limitation and the assessment of the parcel(s) at full market value. Per Florida Statute 193.1554(7) and 193.1555(7) ❑Parcel Contiguous to Homestead Property. Vacant property contiguous/adjacent to homestead property is eligible to receive the Save Our Homes assessment cap limitation, provided that the contiguous parcel is used in conjunction with homestead property. The contiguous parcel will retain its unique parcel identification number and legal description. Per Florida Statute 196.031(1)(a) By signing below, whether by the owner or the owner's representative, acknowledges they have read, understand, aforementioned. Owner Signature: Date: Print Name: �/ d Phone:1 r^ n n Representative: Deputy Signature: Deputy Print Name: TO BE COMPLETED BY REAL ESTATE DEPT 772.460.3315 This split/combination will be effective for the 20 tax year. phone:772-462-1000 I bsit, www.pasic.org 2300 Virginia Avenue, Room 107, Fort Pierce, FL 34982 Page 224 of 256 Frequently Asked Questions Can I split my property if encumbered by a Unity of Title or Restrictive Covenant? You must contact the appropriate taxing jurisdiction to obtain, in writing, a "Release of Unity of Title" or "Termination of Restrictive Covenant' before a split is processed. What if one of the parcels to be combined includes a Save Our Homes cap? The portion previously under a 10% non -homestead cap will be reassessed at full market value then added to the market and assessed values of the homestead parcel for the current tax roll. In future years, the Save Our Homes cap will apply to the assessed value limiting its annual increase to 3% or less. Combining property may increase taxes by affecting existing capped values. The cap cannot be restored to its former level. What happens to the 10% assessment cap for parcels that participate in a split or combination? Per Florida Statute 193.1554(7) and 193.1555(7) the land split or combination of non -homestead property could result in an increase greater than the 10% assessment cap limitation. What if I have a mortgage on one of the parcels involved in the reconfiguration? Combining mortgaged property with un-mortgaged property may create an escrow shortage resulting in a higher mortgage payment and could create significant issues in the event of a foreclosure. In addition; splitting mortgaged property may violate your mortgage agreement and could cause an issue with the payment of taxes. What if I have title insurance on one of the parcels involved in the reconfiguration? A parcel split or combination may violate restrictive covenants, including boundary line setbacks or other provisions. This action may also impede the ability to provide a lender with the endorsements they require in Loan Policy Schedule A insuring the mortgage. If you are combining parcels and the title of one property has to be changed to match the title of the other property (single owner vs joint tenants), the change in ownership may invalidate the insurance policy unless title insurance is purchased to cover all owners. Contact your title insurance company for clarification or additional information. Is there a deadline for submitting an application request for parcel splits or combinations? Throughout the year, we will suspend parcel splits and combinations in order to submit Tax Rolls to the State. The suspension dates may include up to two (2) weeks in advance of the following periods: June 1, July 1, August 1, and mid - September. The last day to have a split/combo applied to the current Tax Roll is August 15. Will the application I complete be available to the public? Yes, any information provided on the application is available upon request unless otherwise protected by state statute. How are new addresses assigned? Local jurisdictions determine the proper address assignments for all properties. How long does it take to process my application? Upon acceptance by SLCPA applications meeting all requirements are generally processed within 30 days. How is the legal description determined? The property owner MUST provide a survey, sketch, or legal description clearly defining all property boundaries to SLCPA. SLCPA will not create or draft property descriptions. What is the cost of splitting/combining my parcel? There is no cost from the Property Appraiser's office to split or combine property. However, there may be a fee required by the local jurisdiction when obtaining the necessary approval. Requesting prior approval for parcel splits and combinations from the appropriate zoning, planning, or community development agency of your jurisdiction is strongly encouraged. Jurisdiction Contact Information • St Lucie County Planning Dept: 772.462.1558 2300 Virginia Ave Fort Pierce, FL 34982 • City of Fort Pierce Planning Dept: 772.467.3737 100 N US Hwy 1 Fort Pierce, FL 34950 • City of Port St Lucie Planning Dept: 772.871.5212 121SW Port St Lucie Blvd Port St Lucie, FL 34984 Saint Lucie County Property Appraiser Real Estate Department 2300 Virginia Ave Rm 121 Fort Pierce FL 34982 772.460.3315 Page 225 of 256 r Luc a- AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Howard Tipton, County Administrator SUBMITTED BY: Administration 10.A.1. 2021-51519 REGULAR AGENDA - ADMINISTRATION DATE: 1/12/2021 *ACTION ITEM - BOARD APPOINTMENT SUBJECT: Appointment by the Chair for a Commissioner to serve on the Affordable Housing Advisory Committee for a One -Year Term BACKGROUND: Item 9.C.1. ratifying the ordinance amending membership to add a County Commissioner to the Affordable Housing Advisory Committee ("AHAC") was brought to the Board for consideration as part of this agenda. If approved, staff would then recommend that the Chair make an appointment for a Commissioner to serve per the amended AHAC membership requirements. The Florida Housing Coalition has requested that a Commissioner be appointed prior to February 1, 2021. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board approve, by motion, an appointment made by the Chair for a Commissioner to serve on the Affordable Housing Advisory Committee for a one-year term. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None Page 226 of 256 AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: January 05, 2021 Heather Young, Assistant County Attorney III Date: January 05, 2021 Daniel McIntyre, County Attorney Date: January 06, 2021 Howard Tipton, County Administrator Page 227 of 256 r LucE AGENDA REQUEST 0 TO: Board of County Commissioners PRESENTED BY: Howard Tipton, County Administrator SUBMITTED BY: Administration 10.A.2. 2021-51520 REGULAR AGENDA - ADMINISTRATION DATE: 1/12/2021 *ACTION ITEM - BOARD APPOINTMENT SUBJECT: Appointment by the Chair for a Commissioner to serve on the Friends of the Library Board for a One -Year Term BACKGROUND: At the November 17, 2020 reorganization meeting, the Chair appointed Cathy Townsend to serve on the Friends of the Library Board. The Board meetings conflict with her service on another Board and she is requesting that the Chair make a new appointment for another Commissioner to serve on this Board for a one-year term. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board approve, by motion, the appointment made by the Chair for a Commissioner to serve on the Friends of the Library Board for a one-year term. COMMISSION ACTION: RESULT: Page 228 of 256 MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None klo�4� � ' Daniel McIntyre, County Attorney Howard Tipton, County Administrator Coordination/Signatures Date: December 28, 2020 Date: January 06, 2021 Page 229 of 256 r Luc a- AGENDA REQUEST 0 TO: Board of County Commissioners PRESENTED BY: Alphonso Jefferson, Deputy County Administrator SUBMITTED BY: County Administration SUBJECT: CARES Act Reimbursement Dollars Allocation BACKGROUND: 10.A.3. 2021-11 REGULAR AGENDA - ADMINISTRATION DATE: 1/12/2021 *ACTION ITEM - AUTHORIZE PAYMENT St. Lucie County was allocated $55,543,688 from the State of Florida, Division of Emergency Management (FDEM), as part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, through the U.S. Department of Treasury. As part of the County's plan, funding was allocated to Social Services, Economic Recovery, Public Safety and Health, Municipalities and Reserves for Future COVID 10 expenditures. Based on guidelines from FDEM all funds must be expended by December 30, 2020, and reimbursement documentation provided to FDEM by December 3, 2020. St. Lucie County has met all these requirements. Over the duration of the funding allocation, St. Lucie County directly received $24,994,659 over two allotments from FDEM, which has been expended in accordance with the County's CARES Act Plan by December 30, 2020. Reimbursement documentation for the remaining portion ($30,549,029) has been submitted and approved by the Florida Department of Emergency Management. The documentation provided met the administrative accommodation from the Treasury that allowed for work being performed that was substantially different than accounted for in the most recent budget as of March 27, 2020. Based on FDEM's guidelines, the reimbursement that was received by the County for the remaining portion that is allotted to St. Lucie County can be utilized for other initiatives as determined by the Board of County Commissioners. County staff is providing a recommended allocation for consideration in Exhibit 1. PREVIOUS ACTION: On July 7, 2020, the Board of County Commissioners approved agenda item 10.A.2 for the allocation of CARES Act funds that were received from the Florida Department of Emergency Management. FINANCIAL IMPACT: Page 230 of 256 St. Lucie County's reimbursement allocation is $30,549,029. RECOMMENDATION: Staff recommends the approval of the allocation of reimbursement dollars (attached Exhibit 1) in the amount of $30,549,029 for the continuation of some existing programs and services, funding of initiatives that have been discussed with the Board and the allocation of some funds to reserves for future related. In addition, Staff recommends the Board authorizes the County Administrator to enter into agreements with stakeholders to effectuate the expenditure of dollars and adjust numbers based on the actual receipt of expenditures. Staff recommends approval to move funding from General Fund/Fine & Forfeiture Fund reserves to establish these budgets. Once the annual financial audit is complete, a public hearing will be held to finalize the true -up of excess fund balance, which will replenish the General Fund/Fine & Forfeiture Fund reserves. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: January 05, 2021 Jennifer Hill, Office of Management & Budget Director Date: January 06, 2021 Daniel McIntyre, County Attorney Date: January 06, 2021 Alphonso Jefferson, Deputy County Administrator Page 231 of 256 EXHIBIT 1 ALLOCATION PLAN OF REIMBURSEMENT DOLLARS FROM COVID 19 EXPENDITURES Project I Amount I Justification Existing Commitments Municipalities $1,494,378.64 As per our CARES Act agreement with • City of Port Saint Lucie - $1,494,378.64 municipalities, this funding will be distributed to the municipalities for their use. This is remaining amount that is owed to the municipalities as part of our agreement. Tax Collector Machines $166,076.65 Funding to reimburse the Tax Collector's Office for the purchase and installation of lockers to help facilitate a contactless customer service system. Administrative Support $250,000 Funding to support the need to continue with temporary administrative support to close out CARES Act programs. COVID Facility Supplies $20,000 Funding for needed supplies to continue addressing COVID. Community Projects Economic Recovery $1,500,000 Funding to address applications that were unable to be processed and approved prior to the December 30, 2020 deadline. Individual Financial Assistance — Emergency Rental $1,000,000 Funding to continue emergency rental Program payments for St. Lucie County residents. Eviction Diversion Program $1,000,000 Funding to continue the Eviction Diversion program for requests that were unable to be processed and approved prior to the December 30, 2020 deadline. Transit Reimbursement — FTA $470,000 Funding to support reimbursement to FTA for rental payments to CoA at their own facility that were paid using federal funds. Culvert Replacement Pilot Program $500,000 Funding to support the Culvert Replacement Pilot Program. Land Banking for Homelessness Initiatives $250,000 Additional funding to support the purchase of land to address homelessness in the community. Comprehensive Homelessness Plan — TCHSC $50,000 Funding to support the continuation to develop a comprehensive homelessness plan for St. Lucie County. Special Olympics $36,000 Funding to the support the Special Olympics. Public Safety Projects Vaccination Program — Communication $135,000 Funding to support communication initiatives for the vaccination program. Vaccination Program — Personnel and Supplies $500,000 Funding to support a COVID vaccination program (personnel and supplies) for St. Lucie County residents. Sheriff's Office Requests — Tasers and Body $5,000,000 The Sheriff's Office has requested funding to Cameras (over 5 years) support the buying of tasers and body worn cameras. New Generator for EOC $500,000 Due to the age of the existing generator at the EOC, there is a need to replace the generator along with the transfer switch to ensure continued operation of the EOC during an emergency incident. Future CADS stem $2,500,000 Funding to support the purchase of a new CAD Page 1 of 2 Page 232 of 256 EXHIBIT 1 ALLOCATION PLAN OF REIMBURSEMENT DOLLARS FROM COVID 19 EXPENDITURES system in the coming year. Jail AC Project $250,000 Remaining funding needed to support the replacement of the AC at the jail. Satellite Tracking — Criminal Justice $200,000 Due to the interruption of court activity, Criminal Justice has realized increased cost to administer the satellite tracking program. Additional funding has been requested to support increased costs and temporary personnel support for a two-year timeframe. Technology Projects Technology Projects $1,000,000 Funding to support ongoing technology projects that were a result of COVID 19. Fiber Project $3,112,115.24 Funding to support efforts by St. Lucie County to implement fiber optics in areas throughout the County. This is the match for grant opportunities that have been submitted. Projects for Consideration WastePro $525,000 Funding to support increased costs to WastePro due to COVID 19. WastePro has realized a significant increase in residential collection costs during the pandemic. In addition, Waste Pro was tasked with the responsibility of reducing the risk of infection for our essential work force by adherence to social distancing requirements and providing PPE and facial coverings for employees. They also increased the cleaning and disinfecting of shared work areas as well as collection vehicles. Mental Health/Tourism/Cultural $2,599,727.18 Funding to support mental health, tourism, - Mental Health - $200,000 infrastructure sales tax, county gas tax and - Cultural - $100,000 cultural activities related to COVID 19 impacts - Tourism - $ $622,591.97 (revenue loss) to include revenue loss. - Infrastructure Sales Tax - $872,159.16 (revenue loss) - County Gas Tax - $804,976.05 (revenue loss Reserves Reserves $7,490,731 Funding to establish reserve amount. Total $30,549,02' Page 2 of 2 Page 233 of 256 �o LUCE AGENDA REQUEST 0 TO: Board of County Commissioners PRESENTED BY SUBMITTED BY: BACKGROUND: Daniel McIntyre, County Attorney County Attorney Mura Municipal Services Benefit Unit - Bond Resolution 10.13.1. RES-2021-12 REGULAR AGENDA - COUNTY ATTORNEY DATE: 1/12/2021 *RESOLUTION ITEM - NON AD -VALOREM ASSESSMENT QUASI-JUDICIAL ITEM? NO Over the past few years, the County received petitions from property owners within the Mura Municipal Service Benefit Unit "MSBU" in support of creating an MSBU to fund the cost of constructing potable water and fire protection improvements in their neighborhood. Approximately 60 percent of the property owners support the imposition of assessments to fund the project. In January 2020, affected property owners were notified by mail of their maximum estimated assessment amount. On January 16, 2020, an informal meeting was held with County staff, FPUA staff, and property owners to discuss the MSBU process, project design, project cost, and annexation issues. The MSBU is located within the utility service area of Ft. Pierce Utilities Authority (FPUA). FPUA has agreed to design, permit, and bid the project and to provide construction management and inspection services at no cost to the owners of assessed property. FPUA has also agreed to contribute up to $160,000 towards the Project to offset the Capital Improvement Charges imposed by FPUA. On July 7, 2020, the Board approved Resolution No. 2020-103, the Mura MSBU Initial Assessment Resolution, as required by the County's Assessment Ordinance. The Initial Assessment Resolution described the property located within the Mura MSBU, provided for the imposition of assessments therein, estimated the cost to be funded through special assessments, established the method of apportioning the special assessment among affected real property, directed the assessment coordinator to prepare a preliminary assessment roll, approved the interlocal agreement with FPUA and the City of Ft. Pierce, authorized and directed staff to take such actions as may be necessary in furtherance of the project and the financing of the cost thereof through special assessments and established a public hearing on September 1, 2020 to consider the imposition of the proposed assessments. Page 234 of 256 As established in the Initial Assessment Resolution, the maximum assessed cost of the project is $678,045. The maximum assessment amount to be levied per Equivalent Residential Connection ("ERC") is 7,099.95, with an annual payment of $684.03. Annual assessments are scheduled to be collected for fifteen (15) years beginning in November 2020. Annual assessments are currently being calculated using a conservative interest rate of five percent (5%) per annum. The assessment imposed against each parcel may be further reduced upon completion of the project depending on whether contingencies arise during construction. If the project comes in under budget, property owners who prepaid the assessment will receive a refund of the difference. Assessments being collected annually along with property taxes will be reduced to reflect the lower cost. On August 11, 2020, affected property owners were notified by mail of the September 1, 2020 public hearing and again of their proposed assessment amount, annual payment amount and discounted prepay amount. On September 1, 2020, the Board adopted Resolution No. 2020-200, the Final Assessment Resolution as required by the County's Assessment Ordinance. The Final Assessment Resolution determined that real property within the Mura MSBU would be specially benefitted by the improvements, ratified and confirmed the Initial Assessment Resolution, approved the assessment roll, imposed assessments upon all parcels described in the assessment roll, provided the method for collection, directed recorded notice of the assessment, and provided an affective date. Attached is a copy of a bond resolution prepared by the County's bond counsel. The Resolution, if adopted, would authorize the issuance of a special assessment revenue bond in a principal amount not to exceed $545,000.00 to CenterState Bank as recommended by the County's Financial Advisor. The principal amount reflects the estimated total project cost less assessment prepayments received to date. The final interest rate is 1.82%. The Bond will be secured by a pledge of assessment revenue collected from the benefited property owners. The Bond is not a general obligation of the County. PREVIOUS ACTION: October 22, 2019 — Board approved Resolution No. 2019-233, the Notice of Intent Resolution. July 7, 2020 — Board approved Resolution No. 2020-103, the Initial Assessment Resolution. September 1, 2020 - Board approved Resolution No. 2020-200, the Final Assessment Resolution. FINANCIAL IMPACT: The revenue generated by the collection of assessments for the Mura MSBU will be utilized to repay the loan obtained to fund construction of the project. Funds will be distributed into the Mura MSBU fund (39XXX- 4115-384200 & 366910-38XXX). RECOMMENDATION: Staff recommends Board approval of the Mura MSBU Bond Resolution and authorization for the Chair to sign documents as approved by the County Attorney. Page 235 of 256 COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Don West, Public Works Director Daniel McIntyre, County Attorney Mark Satterlee, Deputy County Administrator Coordination/Signatures Date: January 05, 2021 Date: January 05, 2021 Date: January 06, 2021 Page 236 of 256 RESOLUTION NO.2021- A RESOLUTION OF THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS AUTHORIZING ISSUANCE OF THE ST. LUCIE COUNTY, FLORIDA SPECIAL ASSESSMENT REVENUE BOND, SERIES 2021 (MURA MSBU PROJECT) IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $545,000 FOR THE PURPOSE OF FINANCING, REFINANCING AND/OR REIMBURSING THE COST OF POTABLE WATER AND FIRE PROTECTION IMPROVEMENTS TO SERVE THE REAL PROPERTY COMPRISING THE MURA MUNICIPAL SERVICE BENEFIT UNIT, PROVIDING THAT SUCH BOND SHALL BE A LIMITED OBLIGATION OF THE COUNTY PAYABLE FROM AND SECURED SOLELY BY CERTAIN SPECIAL ASSESSMENTS AS DESCRIBED HEREIN; PROVIDING FOR THE RIGHTS, SECURITIES AND REMEDIES FOR THE OWNER OF SUCH BOND; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH, AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY AS FOLLOWS: SECTION 1. AUTHORITY. This Resolution is adopted pursuant to the provisions of the Constitution of the State of Florida, Chapter 125, Florida Statutes, the Assessment Ordinance and other applicable provisions of law. SECTION 2. DEFINITIONS. The following words and phrases shall have the following meanings when used herein: "Act" means the Constitution of the State of Florida, Chapter 125 Florida Statutes, the Assessment Ordinance, and other applicable provisions of law. "Assessment Ordinance" means Article IV of Chapter 40 of the County Code of Ordinances, as may be amended from time to time, or its successor in function. "Assessment Resolution" means Resolution No. 2020-103 adopted by the Board on July 7, 2020, as amended and supplemented from time to time, and as particularly supplemented by Resolution No. 2020-200 adopted by the Board on September 1, 2020. "Assessment Roll" means the annual non -ad valorem assessment roll which lists the parcels subject to the Assessments imposed by the Assessment Resolutions and the dollar amount of the Assessment imposed against each. "Assessments" means special assessments (sometimes characterized as non -ad valorem assessments) imposed by the Issuer against the real property comprising the Mura MSBU to fund the costs of the Project and related expenses, computed in the manner described in the Assessment Resolution and collected in annual installments pursuant to Section 197.3632, Florida 1 Page 237 of 256 Statutes. "Board" means the Board of County Commissioners of St. Lucie County, Florida, the governing body of the Issuer. "Bond" means the St. Lucie County, Florida Special Assessment Revenue Bond, Series 2021 (Mura MSBU Project) of the Issuer authorized by Section 4 hereof. "Business Day" means any day except any Saturday or Sunday or day on which the Principal Office of the Original Purchaser is closed. "Chair" means the Chairman or Chairwoman of the Issuer, or in his or her absence or inability to act, the Vice Chairman or Vice Chairwoman of the Issuer. "County Administrator" means the duly appointed and acting County Administrator of the Issuer, or any duly authorized deputy or assistant County Administrator of the Issuer. "County Attorney" means the duly appointed and acting County Attorney of the Issuer or any duly authorized deputy thereof. "County Clerk" means the duly elected County Clerk or any duly authorized deputy or assistant thereof. "Code" means the Internal Revenue Code of 1986, as amended, and any Treasury Regulations, whether temporary, proposed or final, promulgated thereunder or applicable thereto. "Debt Service Fund" shall mean the Debt Service Fund established in Section 9 hereof. "Debt Service Reserve Account" means the Debt Service Reserve Account within the Debt Service Fund. "Federal Securities" shall mean direct obligations of, or obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, which are not redeemable prior to maturity at the option of the obligor. "Issuer" or "County" means St. Lucie County, Florida. "Maturity Date" means July 1, 2035. "Mura MSBU" means the Mura Municipal Service Benefit Unit established by the Assessment Resolution. "Original Purchaser" means CenterState Bank, N.A., the original purchaser of the Bond, and its successor or assigns. 2 Page 238 of 256 "Owner" or "Holder" means the Person in whose name or names the Bond shall be registered on the books of the Issuer kept for that purpose in accordance with provisions of this Resolution. "Person" means natural persons, firms, trusts, estates, associations, corporations, partnerships and public bodies. "Pledged Revenues" means (i) the Assessments, and (ii) any moneys on deposit in the Debt Service Fund, the Debt Service Reserve Account and the Project Fund established herein, including investment earnings on moneys on deposit in such funds, if any. "Principal Office" means, with respect to the Original Purchaser, the office located at 5001 Okeechobee Road, Fort Pierce, Florida 34947, or such other office as the Original Purchaser may designate to the Issuer in writing. "Project" means the potable water and fire protection improvements financed through issuance of the Bond which will serve and specially benefit the real property comprising the Mura MSBU. "Project Costs" means all costs associated with design, acquisition, construction and financing of the Project, including reimbursements to the Issuer, if any. It is intended that this definition be broadly construed to encompass all costs, expenses and liabilities of the Issuer which on the date of this Resolution or in the future shall be permitted to be funded with the proceeds of the Bond. "Project Fund" means the Project Fund established in Section 9 herein. "Property Appraiser" means the St. Lucie County Property Appraiser. "Refunding Obligations" means any bonds, note or other debt obligations issued to refund and/or refinance all or a portion of the principal balance of the Bond. "Resolution" means this Resolution pursuant to which the Bond is authorized to be issued, including any Supplemental Resolution(s) adopted pursuant to Section 12 hereof. "State" means the State of Florida. "Supplemental Resolution" means any resolution amendatory or supplemental to this Resolution adopted by the Issuer in accordance with Section 12 hereof. "Tax Collector" means the St. Lucie County Tax Collector. SECTION 3. FINDINGS. (A) For the benefit of its inhabitants, the Issuer finds, determines and declares that it is necessary for the continued preservation of the health, welfare, convenience and safety of the 3 Page 239 of 256 Issuer, its inhabitants and the owners of real property located in the Mura MSBU, and in the public interest to provide for the financing, refinancing and/or reimbursing of the Project Costs through the issuance of the Bond. Issuance of the Bond to finance, refinance or reimburse such Project Costs satisfies a paramount public purpose. (B) Debt service on the Bond will be payable from and secured solely by the Pledged Revenues. (C) The issuance of the Bond to provide for the financing of the Project and the pledge of the Assessments to repayment of the Bond are authorized by the Act and the Assessment Ordinance. (D) The Issuer has received an offer from the Original Purchaser to purchase the Bond, and the Issuer desires to accept such offer. (E) Such proposal requires creation of a debt service reserve fund in an amount equal to the maximum annual debt service of the Bond. (F) In consideration of the purchase and acceptance of the Bond authorized to be issued hereunder by those who shall be the Owner thereof from time to time, this Resolution shall constitute a contract between the Issuer and the Owner. SECTION 4. AUTHORIZATION OF PROJECT AND BOND. (A) There is hereby authorized the design, permitting, acquisition and construction of the Project. (B) Subject and pursuant to the provisions of this Resolution, an obligation of the Issuer to be known as St. Lucie County, Florida Special Assessment Revenue Bond, Series 2021 (Mura MSBU Project) is hereby authorized to be issued under and secured by this Resolution, in the principal amount of not to exceed $545,000, maturing on the Maturity Date, for the purpose of financing, refinancing and/or reimbursing the Project Costs, including the costs of issuing the Bond. (C) Because of the characteristics of the Bond, prevailing market conditions, and additional savings to be realized from an expeditious sale of the Bond, it is in the best interest of the Issuer to accept the anticipated offer of the Original Purchaser to purchase the Bond at a private negotiated sale. Prior to the issuance of the Bond, the Issuer shall receive a Purchaser's Certificate from the Original Purchaser in substantially the form attached hereto as Exhibit B and a Disclosure Letter from the Original Purchaser containing the information required by Section 218.385, Florida Statutes, in substantially form attached hereto as Exhibit C. SECTION 5. DESCRIPTION OF BOND. The Bond shall be dated the date of its delivery, which shall be a date agreed upon by the Issuer and the Original Purchaser, subject to the following terms: 4 Page 240 of 256 (a) Interest Rate. The Bond shall have a fixed interest rate equal to 1.82% per annum (subject to adjustment as described below, the "Interest Rate"), calculated on a 30/360 day count basis; provided, however, that such Interest Rate shall in no event exceed the maximum interest rate permitted by law. (b) Determination of Taxability. In the event of a Determination of Taxability, then the Issuer shall pay to the Holder within 30 days after the Taxable Date, the amount which, with respect to interest on the Bond previously paid and taking into account all penalties, fines, interest and additions to tax (including all federal, state and local taxes imposed on the interest on the Bond due and through the Taxable Date) that are imposed on the interest on the Bond or the Holder as a result of the loss of the exclusion, will restore the Holder the same after-tax yield on the Bond that it would have realized had the exclusion not been lost. As used herein, "Determination of Taxability" shall mean either of the following (solely due to any action or omission of the Issuer and not due to a subsequent change in law): (1) the receipt by the Issuer or Holder of an original or a copy of an Internal Revenue Service Technical Advice Memorandum or Statutory Notice of Deficiency or other written correspondence from the Internal Revenue Service to the effect that the interest on the Bond is includable in the gross income of the Holder thereof; or (2) the issuance of any public or private ruling of the Internal Revenue Service that the interest on the Bond is includable in the gross income of the Holder thereof. The term "Taxable Date" shall mean the date interest is includable in the gross income of the Holder. (c) Principal and Interest Payment Dates. Interest on the Bond shall be paid semi-annually, on each January 1 and July 1 until maturity, commencing on July 1, 2021 and thereafter until the Maturity Date. Principal on the Bond shall amortize on July 1 of the years and in the amounts to be set forth in Bond, commencing on July 1, 2021; provided, however, the final maturity of the Bond shall be the Maturity Date. (d) The Bond shall be subject to prepayment prior to maturity at the option of the Issuer in the manner as provided in the Bond. (e) The Bond is to be in substantially the form set forth in Exhibit A attached hereto, together with such non -material changes as shall be approved by the Chair, such approval to be conclusively evidenced by the execution thereof by the Chair. The Bond shall be executed on behalf of the Issuer with the manual signature of the Chair and the official seal of the Issuer, and be attested and countersigned with the manual signature of the Clerk, to be approved as to form by the County Attorney. In case any one or more of the officers who shall have signed or sealed the Bond shall cease to be such officer of the Issuer before the Bond so signed and sealed has been actually sold and delivered, such Bond may nevertheless be sold and delivered as herein provided and may be issued as if the person who signed or sealed such Bond had not ceased to hold such office. The Bond may be signed and sealed on behalf of the Issuer by such person who at the actual time of the execution of such Bond shall hold the proper office of the Issuer, although, at the date of such Bond, such person may not have held such office or may not have been so authorized. 5 Page 241 of 256 SECTION 6. REGISTRATION AND EXCHANGE OF THE BOND; PERSONS TREATED AS OWNER. The Bond is to be initially registered to the Original Purchaser. So long as the Bond shall remain unpaid, the Issuer will keep books for the registration and transfer of the Bond. The Bond shall be transferable in whole and only upon such registration books and only in accordance with the limitations contained in the Bond. The Person in whose name the Bond shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of principal and interest on the Bond shall be made only to or upon the written order of the Owner. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. SECTION 7. PAYMENT OF PRINCIPAL AND INTEREST; LIMITED OBLIGATION. The Issuer promises that it will promptly pay the principal of and interest on the Bond at the place, on the dates and in the manner provided therein according to the true intent and meaning hereof and thereof. The Bond shall not be or constitute a general obligation or indebtedness of the Issuer as a "bond" within the meaning of Article VII, Section 12 of the Constitution of Florida, but shall be payable from and secured solely by the Pledged Revenues in accordance with the terms hereof. No Holder of the Bond issued hereunder shall ever have the right to compel the exercise of any ad valorem taxing power or the use of ad valorem tax revenues to pay such Bond, or be entitled to payment of such Bond from any funds of the Issuer except from the Pledged Revenues as described herein. SECTION 8. PLEDGED REVENUES; REFUNDING OBLIGATIONS. (A) The Issuer hereby pledges the Pledged Revenues to the payment of amounts due on the Bond. (B) The Issuer shall take such actions as may be necessary to provide for collection of annual installments Assessments each year pursuant to the uniform tax bill collection method in accordance with section 197.3632, Florida Statutes (unless an alternative collection method is agreed upon in writing by the Owner), until such time as the Bond and any interest due thereupon and any additional amounts payable hereunder shall have been paid in full. (C) The Issuer shall ensure that annual proceeds of the Assessments, after payment of any collection costs and administration costs associated therewith (whether imposed by the Tax Collector, Property Appraiser, or otherwise), shall be at least sufficient to pay the principal of and interest on the Bond as it becomes due. (D) For so long as the Bond shall be unpaid, except with the written consent of the Owner of the Bond, the Issuer will not issue any other obligations or incur any other indebtedness payable from the Pledged Revenues, except for Refunding Obligations which may be payable from the Pledged Revenues on a parity basis if the combined annual debt service in each bond year for the Bond and the Refunding Obligations is less than the annual debt service which would 0 Page 242 of 256 have been paid on the Bond had the Refunding Obligations not been issued. SECTION 9. DEBT SERVICE FUND; PROJECT FUND. (A) Debt Service Fund. There is hereby created an account to be known as the "St. Lucie County, Florida Special Assessment Revenue Bond, Series 2021 (Mura MSBU Project) Debt Service Fund" (the "Debt Service Fund"). The Debt Service Fund shall be held by a depository in the State which is eligible under the laws of the State to receive public funds. (1) Upon receipt, the Issuer shall deposit all proceeds of the Assessments (including Assessment prepayments), after payment of any collection costs and administration costs associated therewith (whether imposed by the Tax Collector, Property Appraiser, or otherwise), into the Debt Service Fund. (2) Moneys on deposit in the Debt Service Fund shall be used solely to pay the principal of and interest on the Bond as it becomes due. (3) There is hereby created an account within the Debt Service Fund to be known as the "St. Lucie County, Florida Special Assessment Revenue Bond, Series 2021 (Mura MSBU Project) Debt Service Reserve Account." (B) Project Fund. There is hereby created an account to be known as the "St. Lucie County, Florida Special Assessment Revenue Bond, Series 2021 (Mura MSBU Project) Project Fund." The Project Fund shall be held by a depository in the State which is eligible under the laws of the State to receive public funds. (1) Moneys on deposit in the Project Fund shall be used solely to finance, refinance and/or reimburse Project Costs. (2) When the acquisition of the Project has been completed and all Project Costs and costs of issuance have been paid in full, all funds remaining in the Project Fund shall be transferred to the Debt Service Fund and used to pay debt service on the Bond. (C) All moneys deposited in the funds and accounts established hereunder shall be and constitute trust funds created for the purposes herein stated, and there is hereby created a lien upon such funds in favor of the Holders of the Bond until the moneys therein shall have been applied in accordance with this Resolution. SECTION 10. APPLICATION OF PROCEEDS OF BOND. At the time of delivery of the Bond herein authorized, all of the proceeds from the sale of the Bond shall be applied as follows: 7 Page 243 of 256 (A) An amount equal to the maximum annual debt service of the Bond shall be deposited into the Debt Service Reserve Account. (B) The Issuer shall pay all or a portion of the costs and expenses in connection with issuance of the Bond. (C) The remaining proceeds of the Bond shall be deposited into the Project Fund. SECTION 11. TAX COVENANT. The Issuer covenants to the Holder of the Bond provided for in this Resolution that the Issuer will not make any use of the proceeds of the Bond at any time during the term of the Bond which, if such use had been reasonably expected on the date the Bond was issued, would have caused such Bond to be an "arbitrage bond" within the meaning of the Code. The Issuer will comply with the requirements of the Code and any valid and applicable rules and regulations promulgated thereunder necessary to ensure the exclusion of interest on the Bond from the gross income of the Holders thereof for purposes of federal income taxation and to confirm or continue the status of the Bond as a "qualified tax-exempt obligation" within the meaning of Section 265(b)(3) of the Code. SECTION 12. AMENDMENT. Prior to the issuance of the Bond, this Resolution can be modified or amended at any time without limitation pursuant to Supplemental Resolution. Thereafter, this Resolution, or any Supplemental Resolution relating hereto, shall not be modified or amended in any respect pursuant to Supplemental Resolution except with the written consent of the Owner of the Bond. SECTION 13. LIMITATION OF RIGHTS. With the exception of any rights herein expressly conferred, nothing expressed or mentioned in or to be implied from this Resolution or the Bond are intended or shall be construed to give to any Person other than the Issuer and the Owner any legal or equitable right, remedy or claim under or with respect to this Resolution or any covenants, conditions and provisions herein contained; this Resolution and all of the covenants, conditions and provisions hereof being intended to be and being for the sole and exclusive benefit of the Issuer and the Owner. SECTION 14. BOND MUTILATED, DESTROYED, STOLEN OR LOST. In case the Bond shall become mutilated, or be destroyed, stolen or lost, the Issuer shall issue and deliver a new Bond of like tenor as the Bond so mutilated, destroyed, stolen or lost, in exchange and in substitution for such mutilated Bond, or in lieu of and in substitution for the Bond destroyed, stolen or lost and upon the Owner furnishing the Issuer proof of ownership thereof and indemnity reasonably satisfactory to the Issuer and complying with such other reasonable regulations and conditions as the Issuer may prescribe and paying such expenses as the Issuer may incur. The Bond so surrendered shall be canceled. SECTION 15. IMPAIRMENT OF CONTRACT. The Issuer covenants with the Owner of the Bond that it will not, without the written consent of the Owner of the Bond, enact any ordinance or adopt any resolution which repeals, impairs or amends in any manner materially adverse to the Owner the rights granted to the Owner of the Bond hereunder. Page 244 of 256 SECTION 16. DEFEASANCE. If, at any time, the Issuer shall have paid, or shall have made provision for payment of, the principal, interest and prepayment premium, if any and if applicable, with respect to the Bond herein authorized, then, and in that event, the lien on Pledged Revenues described herein in favor of the Owner of the Bond shall be no longer in effect. For purposes of the preceding sentence, deposit of sufficient cash and/or Federal Securities or bank certificates of deposit fully secured as to principal and interest by Federal Securities (or deposit of any other securities or investments which may be authorized by law from time to time and sufficient under such law to effect such a defeasance) in irrevocable trust with a banking institution or trust company, for the sole benefit of the Owner of the Bond in an aggregate principal amount which, together with interest to accrue thereon, will be sufficient in the opinion of an independent certified public accountant to make timely payment of the principal of and a prepayment premium, if any, and interest on the Bond in accordance with their terms, and any other expenses occasioned by escrow arrangements. Nothing herein shall be deemed to require the Issuer to prepay the Bond prior to maturity pursuant to any applicable optional prepayment provisions, or to impair the discretion of the Issuer in determining whether to exercise any such option for early redemption. SECTION 17. EVENTS OF DEFAULT; REMEDIES OF OWNER. (A) The following shall constitute "Events of Default": (i) if the Issuer fails to pay any payment of principal of or interest on the Bond as the same becomes due and payable and is not cured within ten (10) days (a 'Payment Default"); (ii) if the Issuer defaults in the performance or observance of any covenant or agreement contained in this Resolution or the Bond (other than set forth in (i) above) and fails to cure the same within thirty (30) days following notice thereof; or (iii) filing of a petition by or against the Issuer relating to bankruptcy, reorganization, arrangement or readjustment of debt of the Issuer or for any other relief relating to the Issuer under the United States Bankruptcy Code, as amended, or any other insolvency act or law now or hereafter existing, or the involuntary appointment of a receiver or trustee for the Issuer, and the continuance of any such event for 90 days undismissed or undischarged. (B) In the event of a Payment Default, the Owner may, at its option, collect a late charge equal to five percent (5%) of the amount owing if any payment due on the Bond is not received by the Owner within ten (10) days after the payment is due. (C) Upon and during the continuance of an Event of Default, the Bond shall bear interest at the 'Default Rate". For purposes of the Bond, the term "Default Rate" shall mean the lesser of (i) 4.82% per annum or (ii) the maximum interest rate permitted by applicable law. (D) Upon the occurrence and during the continuation of any Event of Default, the Owner of the Bond may protect and enforce any and all rights under the laws of the State, or granted or contained in this Resolution, and may enforce and compel the performance of all duties required by this Resolution, or by any applicable statutes to be performed by the Issuer and may recover from the Issuer all expenses incurred including without limitation reasonable 0 Page 245 of 256 attorney's fees, at all levels of the proceedings, whether incurred in connection with collection, bankruptcy, proceedings, trial, appeal or otherwise. (E) In addition to the remedies described above, if the Issuer fails to pay any payment of principal of or interest on the Bond as the same becomes due and payable and fails to cure the same within thirty (30) days following notice thereof, then the Owner may by written notice to the Issuer declare the all amounts then due under the Bond to be accelerated and immediately due and payable in full. SECTION 18. BUDGET AND FINANCIAL INFORMATION; ASSESSMENT ROLL. (A) The Issuer shall provide the Owner with a copy of the Issuer's audited financial statements within 270 days of the close of the Issuer's fiscal year. The Issuer shall also provide the Owner with a copy of the Issuer's annual budget within 60 days of the adoption by the Issuer and such other financial information regarding the Issuer as the Owner may reasonably request. (B) The Issuer shall provide the Owner with a copy of annual Assessment Roll on or before November 15 each year. The copy of the Assessment Roll provided to the Owner shall note or highlight any parcel for which payment of the prior year's Assessment is delinquent. SECTION 19. COMPLIANCE CERTIFICATE. Upon request of the Owner, the Issuer shall provide the Owner with an annual covenant compliance certificate, executed by the County Administrator, certifying that for the Issuer's most recent fiscal year, the Issuer was in compliance with the covenants set forth herein and that no Event of Default occurred during such Fiscal Year. SECTION 20. SEVERABILITY. If any provision of this Resolution shall be held or deemed to be or shall, in fact, be illegal, inoperative or unenforceable in any context, the same shall not affect any other provision herein or render any other provision (or such provision in any other context) invalid, inoperative or unenforceable to any extent whatever. SECTION 21. BUSINESS DAYS. In any case where the due date of interest on or principal of a Bond is not a Business Day, then payment of such principal or interest need not be made on such date but may be made on the next succeeding Business Day, provided that credit for payments made shall not be given until the payment is actually received by the Owner. SECTION 22. APPLICABLE PROVISIONS OF LAW. This Resolution shall be governed by and construed in accordance with the laws of the State. SECTION 23. RULES OF INTERPRETATION. Unless expressly indicated otherwise, references to sections or articles are to be construed as references to sections or articles of this instrument as originally executed. Use of the words "herein," "hereby," "hereunder," "hereof," "hereinbefore," "hereinafter" and other equivalent words refer to this Resolution and not solely to the particular portion in which any such word is used. 10 Page 246 of 256 SECTION 24. CAPTIONS. The captions and headings in this Resolution are for convenience only and in no way define, limit or describe the scope or intent of any provisions or sections of this Resolution. SECTION 25. BOARD MEMBERS EXEMPT FROM PERSONAL LIABILITY. No recourse under or upon any obligation, covenant or agreement of this Resolution or the Bond or for any claim based thereon or otherwise in respect thereof, shall be had against any Board members, officials or employees of the Issuer, past, present or future, either directly or through the Issuer, it being expressly understood (a) that no personal liability whatsoever shall attach to, or is or shall be incurred by, the Board members, officials or employees of the Issuer, under or by reason of the obligations, covenants or agreements contained in this Resolution or implied therefrom, and (b) that any and all such personal liability, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such Board member, as such, are waived and released as a condition of, and as a consideration for, the adoption of this Resolution and the issuance of the Bond, on the part of the Issuer. SECTION 26. AUTHORIZATIONS. The Chair and any member of the Board, the County Administrator, the County Attorney, the County Clerk and such other officials and employees of the Issuer as may be designated by the Issuer are each designated as agents of the Issuer in connection with the issuance and delivery of the Bond and are authorized and empowered, collectively or individually, to take all actions and steps and to execute all instruments, documents, and contracts on behalf of the Issuer that are necessary or desirable in connection with the validation, execution and delivery of the Bond, and which are specifically authorized or are not inconsistent with the terms and provisions of this Resolution. The County Administrator is hereby authorized to determine the final principal amount of the Bond, provided such principal amount shall not exceed $545,000. SECTION 27. FEES AND EXPENSES. The Issuer agrees to pay the fees and expenses of the Original Purchaser on the date of issuance of the Bond in the amount of $3,000. SECTION 28. REPEALER. Any resolutions or parts thereof in conflict herewith are hereby repealed to the extent of such conflict. SECTION 29. NO THIRD PARTY BENEFICIARIES. Except such other persons as may be expressly described in this Resolution or in the Bond, nothing in this Resolution or in the Bond, expressed or implied, is intended or shall be construed to confer upon any person, other than the Issuer and the Owner, any right, remedy or claim, legal or equitable, under and by reason of this Resolution, or any provision thereof, or of the Bond, all provisions thereof being intended to be and being for the sole and exclusive benefit of the Issuer and the person who shall from time to time be the Owner. 11 Page 247 of 256 SECTION 30. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. AFTER MOTION AND SECOND, the vote on this Resolution was as follows: Chair Chris Dzadovsky Vice Chair Sean Mitchell Commissioner Cathy Townsend Commissioner Linda Bartz Commissioner Frannie Hutchinson PASSED AND DULY ADOPTED this 12th day of January, 2021. ATTEST: Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS: County Attorney BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Chair 12 Page 248 of 256 EXHIBIT A FORM OF BOND ANY HOLDER SHALL, PRIOR TO BECOMING A HOLDER, EXECUTE A PURCHASER'S CERTIFICATE IN THE FORM ATTACHED TO THE RESOLUTION (HEREIN DEFINED). January 2021 ST. LUCIE COUNTY, FLORIDA SPECIAL ASSESSMENT REVENUE BOND, SERIES 2021 (MURA MSBU PROJECT) KNOW ALL MEN BY THESE PRESENTS that St. Lucie County, Florida (the "Issuer"), a political subdivision of the State of Florida created and existing pursuant to the Constitution and the laws of the State of Florida, for value received, promises to pay from the sources hereinafter provided, to the order of CenterState Bank, N.A. or registered assigns (hereinafter, the "Owner'), the principal sum of $ together with interest on the principal balance outstanding at the rate per annum of 1.82% (as the same may be adjusted as described herein) based upon a year of 360 days consisting of twelve 30 day months. Principal of and interest on this Bond are payable in lawful money of the United States of America at such place as the Owner may designate to the Issuer in writing. Interest shall be payable semi-annually to the Owner on each January 1 and July 1, commencing on July 1, 2021. Principal on this Bond shall amortize on July 1 of the following years: Payment Date: Principal Payment Amount: 2021 $ 2022 $ 2023 $ 2024 $ 2025 $ 2026 $ 2027 $ 2028 $ 2029 $ 2030 $ 2031 $ 2032 $ 2033 $ A-1 Page 249 of 256 2034 $ 2035 $ As described above, the final installment of the entire unpaid principal balance, together with all accrued and unpaid interest hereon, is due and payable on July 1, 2035. In the event of a Determination of Taxability, then the Issuer shall pay to the Owner within 30 days after the Taxable Date, the amount which, with respect to interest on this Bond previously paid and taking into account all penalties, fines, interest and additions to tax (including all federal, state and local taxes imposed on the interest on this Bond due and through the Taxable Date) that are imposed on the interest on this Bond or the Owner as a result of the loss of the exclusion, will restore the Owner the same after-tax yield on this Bond that it would have realized had the exclusion not been lost. As used herein, "Determination of Taxability" shall mean either of the following (solely due to any action or omission of the Issuer and not due to a subsequent change in law): (1) the receipt by the Issuer or Owner of an original or a copy of an Internal Revenue Service Technical Advice Memorandum or Statutory Notice of Deficiency or other written correspondence from the Internal Revenue Service to the effect that the interest on this Bond is includable in the gross income of the Owner thereof; or (2) the issuance of any public or private ruling of the Internal Revenue Service that the interest on this Bond is includable in the gross income of the Owner thereof. The term "Taxable Date" shall mean the date the interest is included in the gross income of the Owner. If any date for the payment of principal and interest hereon shall fall on a day which is not a Business Day (as defined in the Resolution (hereinafter defined)) the payment due on such date shall be due on the next succeeding day which is a Business Day, but the Issuer shall not receive credit for the payment until it is actually received by the Owner. All payments by the Issuer pursuant to this Bond shall apply first to accrued interest, then to other charges due the Owner, and the balance thereof shall apply to principal. This Bond shall be prepayable, in whole or in part, at the option of the Issuer at any time without penalty or premium. THIS BOND DOES NOT CONSTITUTE A GENERAL INDEBTEDNESS OF THE ISSUER WITHIN THE MEANING OF ANY CONSTITUTIONAL, STATUTORY OR CHARTER PROVISION OR LIMITATION, AND IT IS EXPRESSLY AGREED BY THE HOLDER OF THIS BOND THAT SUCH BONDHOLDER SHALL NEVER HAVE THE RIGHT TO REQUIRE OR COMPEL THE EXERCISE OF THE AD VALOREM TAXING POWER OR USE OF AD VALOREM TAXES OF THE ISSUER OR TAXATION OF ANY REAL OR PERSONAL PROPERTY THEREIN FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THIS BOND OR THE MAKING OF ANY OTHER PAYMENTS PROVIDED FOR IN THE RESOLUTION. This Bond is issued pursuant to the Constitution of the State of Florida, Chapter 125, Florida Statutes, the Assessment Ordinance and a resolution adopted by the Board of the Issuer A-2 Page 250 of 256 on January 12, 2021 (the "Resolution"), and is subject to all the terms and conditions of the Resolution. All terms, conditions and provisions of the Resolution including without limitation remedies upon the occurrence of an Event of Default are by this reference thereto incorporated herein as a part of this Bond. Payment of this Bond is secured solely by the Assessments and moneys on deposit in certain funds and accounts established by the Resolution. Terms used herein in capitalized form and not otherwise defined herein shall have the meanings ascribed thereto in the Resolution. In addition to the remedies in the Resolution in the Event of Default, if any payment of principal or interest on this Bond is received by the Owner more than ten (10) days after the same becomes due and payable, the Issuer will pay the Owner on demand a late fee determined by the Owner but not greater than five percent (5%) of the amount of the delinquent payment. Upon and during the continuance of an Event of Default, this Bond shall bear interest at the "Default Rate". For purposes of this Bond, the term "Default Rate" shall mean the lesser of (i) 4.82% per annum or (ii) the maximum interest rate permitted by applicable law. This Bond may be exchanged or transferred in whole by the Owner hereof but only upon the registration books maintained by the Issuer and in the manner provided in the Resolution. Notwithstanding anything herein or in the Resolution to the contrary, this Bond may only be transferred to affiliates of the then -current holder or to banks, insurance companies or other financial institutions and their affiliates (including participation arrangements with such entities), provided each of which executes a Purchaser's Certificate in substantially the form attached to the Resolution. It is hereby certified, recited and declared that all acts, conditions and prerequisites required to exist, happen and be performed precedent to and in the execution, delivery and the issuance of this Bond do exist, have happened and have been performed in due time, form and manner as required by law, and that the issuance of this Bond is in full compliance with and does not exceed or violate any constitutional or statutory limitation. [Remainder of page intentionally left blank] A-3 Page 251 of 256 IN WITNESS WHEREOF, St. Lucie County, Florida has caused this Bond to be executed in its name by the manual signature of its Chair, attested and countersigned by the manual signature of its Clerk and approved as to form by the manual signature of the County Attorney, and its seal to be impressed hereon, all as of this day of January, 2021. ATTEST: Deputy Clerk [SEAL] BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Chair APPROVED AS TO FORM: County Attorney A-4 Page 252 of 256 EXHIBIT B FORM OF PURCHASER'S CERTIFICATE This is to certify that CenterState Bank, N.A. (the "Purchaser") has not required St. Lucie County, Florida (the "Issuer") to deliver any offering document and has conducted its own investigation, to the extent it deems satisfactory or sufficient, into matters relating to business affairs or conditions (either financial or otherwise) of the Issuer in connection with the issuance of the $ St. Lucie County, Florida Special Assessment Revenue Bond, Series 2021 (Mura MSBU Project) dated January ___, 2021 (the "Bond") and no inference should be drawn that the Purchaser, in the acceptance of said Bond, is relying on Bryant Miller Olive P.A., Bond Counsel or Daniel S. McIntyre, County Attorney, as to any such matters other than the legal opinions rendered by Bond Counsel and by the County Attorney. Any capitalized undefined terms used herein not otherwise defined shall have the meaning set forth in Resolution No. 2021- adopted by the Board of County Commissioners of the Issuer on January 12, 2021 as amended and supplemented from time to time (the "Resolution"). We are aware that investment in the Bond involves various risks, that the Bond is not a general obligation of the Issuer or payable from ad valorem tax revenues, and that the payment of the Bond is secured solely from the sources described in the Resolution (the "Pledged Revenues"). We have made such independent investigation of the Pledged Revenues as we, in the exercise of sound business judgment, consider to be appropriate under the circumstances. In making our lending decision, we have relied upon the accuracy of information which has been provided to us by the Issuer. We have knowledge and experience in financial and business matters and are capable of evaluating the merits and risks of our making the loan evidenced by the purchase of the Bond and can bear the economic risk of our purchase of the Bond. We acknowledge and understand that the Resolution is not being qualified under the Trust Indenture Act of 1939, as amended (the "1939 Act"), and is not being registered in reliance upon the exemption from registration under Section 3(a)(2) of the Securities Act of 1933, Section 517.051(1), Florida Statutes, and/or Section 517.061(7), Florida Statutes, and that neither the Issuer, Bond Counsel nor the County Attorney shall have any obligation to effect any such registration or qualification. We are not acting as a broker or other intermediary, and are purchasing the Bond as an investment for our own account and not with a present view to a resale or other distribution to the public. We understand that the Bond may be transferred in whole but not in part, and no CUSIP number will be assigned to the Bond. We are a bank, trust company, savings institution, insurance company, dealer, investment company, pension or profit-sharing trust, or qualified institutional buyer as contemplated by M1 Page 253 of 256 Section 517.061(7), Florida Statutes. We are not purchasing the Bond for the direct or indirect promotion of any scheme or enterprise with the intent of violating or evading any provision of Chapter 517, Florida Statutes. DATED this _ of January, 2021. CENTERSTATE BANK, N.A. By: Name: Its: B-2 Page 254 of 256 EXHIBIT C FORM OF DISCLOSURE LETTER The undersigned, as purchaser, proposes to negotiate with St. Lucie County, Florida (the "Issuer") for the private purchase of its $ St. Lucie County, Florida, Special Assessment Revenue Bond, Series 2021 (Mura MSBU Project) dated , 2021 (the 'Bond"). Prior to the award of the Bond, the following information is hereby furnished to the Issuer: 1. Set forth is an itemized list of the nature and estimated amounts of expenses to be incurred for services rendered to us (the "Lender") in connection with the issuance of the Bond (such fees and expenses to be paid by the Issuer): Legal Fees: Akerman LLP $3,000.00 2. (a) No other fee, bonus or other compensation is estimated to be paid by the Lender in connection with the issuance of the Bond to any person not regularly employed or retained by the Lender (including any "finder" as defined in Section 218.386(1)(a), Florida Statutes), except as specifically enumerated as expenses to be incurred by the Lender, as set forth in paragraph (1) above. (b) No person has entered into an understanding with the Lender, or to the knowledge of the Lender, with the Issuer, for any paid or promised compensation or valuable consideration, directly or indirectly, expressly or implied, to act solely as an intermediary between the Issuer and the Lender or to exercise or attempt to exercise any influence to effect any transaction in the purchase of the Bond. $0. 3. The amount of the underwriting spread expected to be realized by the Lender is 4. The management fee to be charged by the Lender is $0. 5. Truth -in -Bonding Statement: The Bond is being issued primarily to finance, refinance and/or reimburse the cost of potable water and fire protection improvements to serve the real property comprising the Mura Municipal Service Benefit Unit. The Bond is expected to be repaid on July 1, 2035. At a fixed rate of 1.82%, total interest paid over the life of the Bond is estimated to be $ The Bond will be payable solely from Pledged Revenues as described in Resolution No. C-1 Page 255 of 256 2021-_ of the Issuer adopted on January 12, 2021, as amended and supplemented from time to time (the 'Resolution"). See the Resolution for a definition of Pledged Revenues. Issuance of the Bond is estimated to result in a maximum of approximately $ of revenues of the Issuer not being available to finance the services of the Issuer any year during the life of the Bond. The name and address of the Lender is as follows: CenterState Bank, N.A. 5001 Okeechobee Road Fort Pierce, Florida 34947 IN WITNESS WHEREOF, the undersigned has executed this Disclosure Statement on behalf of the Lender this day of 2021. CENTERSTATE BANK, N.A. By: Name: Its: C-2 Page 256 of 256