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HomeMy WebLinkAboutAgenda Packet 12.01.2020N1�L11�llLS c��o� BOARD OF COUNTY COMMISSIONERS AGENDA ST. LUCIE COUNTY Regular Meeting Tuesday, December 1, 2020 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 411 Regular Meeting Tuesday, December 1, 2020 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 411 Regular Meeting Tuesday, December 1, 2020 6:00 PM 1. CALL TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENT (excluding Public Hearing Items) 5. APPROVAL OF MINUTES There are no items scheduled. 6. PROCLAMATIONS APPROVAL There are no items scheduled. 7. PRESENTATIONS A. Recognition St. Lucie County Best Places to Work Award B. Philanthropy Award Recognition C. 4H Christmas Remembrance 8. CONSENT AGENDA A. WARRANTS 1. Warrant Lists 57, 5-7 B. ADMINISTRATION 1. Economic Development Council of St. Lucie County, Inc. - Contract for Economic Development Services for FY21 Staff recommends the Board approve the proposed contract with Economic Development Council of St. Lucie County, Inc., and authorize the Chair to sign the contract. 31Pagt Page 3 of 411 Regular Meeting Tuesday, December 1, 2020 6:00 PM C. COUNTY ATTORNEY 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 recommends 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. 2. South Hutchinson Island Municipal Service Taxing Unit (MSTU) - Reimbursement Request from St. Lucie County Erosion District Staff recommends 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. 3. Revocable License Agreement - 236 SE Prima Vista Boulevard - River Park - Unit Five - Samuel and Audrey McGowan - Parcel ID 3419-540-0063-000-3 Staff recommends 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. 4. Hosted Application Service and License Agreement between the Substance Awareness Center of Indian River County and St. Lucie County Staff recommends 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. 5. Resolution - Right -of -Way donation on Sunrise Boulevard - Dana and Sandra Carlile - Parcel ID 2433-801-0068-000-9 Staff recommends 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. 41Page Page 4 of 411 Regular Meeting Tuesday, December 1, 2020 6:00 PM 6. Resolution - Right -of -Way donation on Enders Road and Citrus Avenue - Steve and Camille Polk - Parcel ID 3404-501-0513-000-6 Staff recommends 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. 7. Resolution - Right -of -Way donation on 38th Street - HSC Fort Pierce, LLC (Dollar General) - Parcel ID 2420-221-0001-000-2 Staff recommends 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. 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 Staff recommends 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. 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 recommends 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. 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 recommends 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. D. COMMUNITY SERVICES S1Page Page 5 of 411 Regular Meeting Tuesday, December 1, 2020 6:00 PM 1. Public Transportation Agency Safety Plan (PTASP) Staff recommends Board approval for the PTASP and authorization for the chair to sign documents as approved by the County Attorney. 2. Award of Bid No. 20-077 Purchase of Bus Shelters Staff recommends 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. 3. Resolution - Treasure Coast Transit Operations Center Staff recommends the Board adopt the resolution of support and authorization for the Chair to sign documents as approved by the County Attorney. ENVIRONMENTAL RESOURCES Work Camper Agreement - Steven J. Fousek Preserve/Paleo Hammock Staff recommends Board approval of work camper agreement with Devan Wilson and authorization for the Chair to sign documents as approved by the County Attorney. F. FACILITIES Morningside Library Packaged Unit Replacement Project Staff recommends Board approval to proceed with the direct purchase of the package unit via Omnia Partners/US Communities contract 15-JLP-023, proposal number 1-16-58985-2 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. G. PUBLIC SAFETY 61PagE Page 6 of 411 Regular Meeting Tuesday, December 1, 2020 6:00 PM 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 recommends 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. H. PUBLIC UTILITIES Capital Equipment Purchase - Komptech Terminator Waste Shredder - AGENDA REQUEST ADDED Staff recommends 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. PUBLIC WORKS Bid Award No. 20-067 - Gordy Rd Bridge Over 10-Mile Creek - THIS PROJECT IS FUNDED BY THE INFRASTRUCTURE SALES TAX - AGENDA REQUEST ADDED Staff recommends 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. 2. Award Bid No. 21-001 - Supply and Installation of Sod Staff recommends 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. 9. PUBLIC HEARINGS A. PLANNING & DEVELOPMENT SERVICES 71Page Page 7 of 411 Regular Meeting Tuesday, December 1, 2020 6:00 PM 1. Text Amendment to the Land Development Code, Chapter IX Signs to define, allow and establish design standards for Changeable Message Monument Signs. - Adoption Hearing Staff recommends 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. 10. REGULAR AGENDA A. PUBLIC WORKS W. Resolution - Midway Road Turnpike Interchange - Support of Recommended Alternative - ADD ON Staff recommends 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. 11. ANNOUNCEMENTS 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 observance of Christmas. D. County offices will be closed on Friday, January 1, 2020 in observance of News Years day. 12. MOTION TO ADJOURN 81Page Page 8 of 411 10/30/20 FZABWARR FUND TITLE 001 001489 001490 001834 101 102 102001 107 107001 107006 113 114 116 117 119 123 127 128 130 130133 130134 136 138 140 140001 140210 160 183006 190 316001 319 324205 324801 363 401 418 471 491 505 505001 611 625 ST. LUCIE COUNTY - BOARD WARRANT LIST #57- 24-OCT-2020 TO 30-OCT-2020 FUND SUMMARY General Fund FCTD Direct Connect Svc -Inn. Dev FCTD Advantage Ride Svc -Innovation TCERDA Transportation Trust Fund Unincorporated Services Fund Drainage Maintenance MSTU Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur 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 SLC Public Transit MSTU FFY18 5307 Operating and Capital As FTA 5339 Bus Shelter Maintenance Monte Carlo Lighting MSTU#4 Fund Palm Lake Gardens MSTU Fund Airport Fund Port Fund Airport Drainage & Erosion Control Plan Maintenance RAD Fund Guardian Ad Litem Fund Sports Complex Fund 5th Cent Fuel -Capital Infrastructure Surtax Capital FDOT-Airport Expansion MRO FIND -Fisherman's Wharf Bulkhead Des Sports Complex Capital Project Fund Sanitary Landfill Fund Golf Course Fund Water & Sewer District Operations Building Code Fund Health Insurance Fund Risk Management Fund Tourist Development Trust-Adv Fund Law Library GRAND TOTAL: EXPENSES 109,725.47 3,405.14 633.40 1, 933.94 11,065.63 122,342.98 6,325.63 70,566.83 3,023.20 2,368.00 251.07 616.91 694.99 154.77 840.14 402.59 534.12 661.68 3,342.68 64,004.51 77,799.97 2,483.92 336.44 40,152.37 5,964.08 4,598.96 3,591.64 1,049.23 61,123.83 1,582.50 8,135.00 32,900.00 1,495.00 386,500.43 33,821.97 108.00 25,093.55 2,482.58- 4, 987.92 303.70 7,869.91 78.95 1,100,388.47 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 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 1 11 .R Page 9 of 411 10/30/20 FZABWARR FUND TITLE 001 001457 001481 001482 001487 001489 001490 001585 001615 001622 001623 001624 001834 001835 101 101001 102 102001 107 107001 107002 107003 107006 130241 140 140001 160 183 183006 185019 185020 185098 189116 190 401 418 471 491 505 505001 611 630 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #5.- 24-OCT-2020 TO 30-OCT-2020 FUND SUMMARY General Fund FCTD Planning Grant FDOT FLEX ROUTE SFY2019 FDOT 25th St Route SFY2019 FCTD Planning Grant Agreement FCTD Direct Connect Svc -Inn. Dev FCTD Advantage Ride Svc -Innovation CSBG 2017 HUD Continuum of Care Grant Agreeme US Dept. of Treasury CARES Act FHA Section 112/MPO/FHWA Planning FHA Surface Transportation Block Gr TCERDA Artificial Reef Program Transportation Trust Fund Transportation Trust Interlocals Unincorporated Services Fund Drainage Maintenance MSTU Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology FDOT FY20 Lakewood Park Corridor -Tr Airport Fund Port Fund Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Guardian Ad Litem Fund SHIP 2018/2019 SHIP 2019/2020 FHFC Coronavirus Relief Fund St. Lucie HOME Consortium FY 2019 Sports Complex Fund Sanitary Landfill Fund Golf Course Fund Water & Sewer District Operations Building Code Fund Health Insurance Fund Risk Management Fund Tourist Development Trust-Adv Fund Medical Examiner Agency Fund Bank Fund GRAND TOTAL: EXPENSES 308,392.08 0.00 0.00 0.00 0.00 528.74 468.88 0.00 775.00 1,145,791.75 0.00 0.00 793.53 0.00 20,087.18 0.00 892.50 5,068.60 47,000.15 0.00 0.00 3,216.19 63,465.92 0.00 1,591.39 0.00 50.33 4,940.05 298.80 0.00 0.00 2,975.00 0.00 3, 934.90 114,867.25 10,071.83 6,370.11 396.80 28,470.34 517.06 0.00 3,582.79 46,215.85 1,820,763.02 PAGE 1 PAYROLL 748,215.85 62.09 313.50 209.03 1,017.97 0.00 0.00 3,476.25 0.00 19,817.30 10,449.49 2,624.45 2,498.46 2,156.80 153,504.09 1,855.32 77,826.56 27,251.21 202,409.85 8,320.12 4, 666.35 0.00 14,031.78 522.52 20,338.01 8,090.24 4,372.80 5,217.07 0.00 491.62 213.96 2,091.38 2,324.30 29,292.00 121,110.93 21,652.03 24,742.17 70,195.99 7,391.95 7,305.82 8,206.46 45,751.06 0.00 1,660,016.78 A Page 10 of 411 11/06/20 FZABWARR FUND TITLE 001 001481 001489 001490 001616 001620 001622 001623 001834 001835 101 102 102001 103 107 107003 107006 129 130 130128 140 140001 140404 160 183 183006 190 310001 310007 316001 319 401 418 471 479 491 505 505001 611 625 630 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #6.- 31-OCT-2020 TO 06-NOV-2020 FUND SUMMARY General Fund FDOT FLEX ROUTE SFY2019 FCTD Direct Connect Svc -Inn. Dev FCTD Advantage Ride Svc -Innovation HUD Continuum of Care Chronic NOAA NAAEE Watershed Ed. Grant US Dept. of Treasury CARES Act FHA Section 112/MPO/FHWA Planning TCERDA Artificial Reef Program Transportation Trust Fund Unincorporated Services Fund Drainage Maintenance MSTU Law Enforcement MSTU Fine & Forfeiture Fund Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology Parks MSTU Fund SLC Public Transit MSTU FTA 5339 Bus Shelter Maint Airport Fund Port Fund FDOT Port Master Plan Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Guardian Ad Litem Fund Sports Complex Fund Impact Fees -Library Impact Fees -Library "B" 5th Cent Fuel -Capital Infrastructure Surtax Capital Sanitary Landfill Fund Golf Course Fund Water & Sewer District Operations Water & Sewer Dist. -Cap Facilities Building Code Fund Health Insurance Fund Risk Management Fund Tourist Development Trust-Adv Fund Law Library Medical Examiner Agency Fund Bank Fund GRAND TOTAL: EXPENSES 1,894,037.14 23,082.40 481.29 426.80 78.70 660.00 771,319.93 8,763.32 281.99 6,315.00 23,532.23 11,410.42 43,536.21 26,773.25 262,699.04 282,997.54 423.78 17,103.75 9,374.25 1,730.00 5,592.85 11,261.50 28,422.92 109.00 3,344.39 340.00 5,999.50 1,066.05 4,088.02 55,116.51 1,900.00 676,254.29 7,466.76 5,433.43 12,144.00 1, 926.67 342,095.35 18,664.16 10,664.00 19,297.59 43,567.94 875.00 4, 640, 656. 97 PAGE 1 PAYROLL 20,322.88 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5,008.00 26,653.56 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 6,863.60 5,515.60 0.00 0.00 0.00 0.00 64,363.64 63 Page 11 of 411 11/13/20 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #7.- 07-NOV-2020 TO 13-NOV-2020 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 592,111.77 721,122.16 001457 FCTD Planning Grant 0.00 186.28 001481 FDOT FLEX ROUTE SFY2019 0.00 313.51 001482 FDOT 25th St Route SFY2019 0.00 209.01 001487 FCTD Planning Grant Agreement 0.00 1,593.94 001585 CSBG 2017 0.00 3,520.36 001615 HUD Continuum of Care Grant Agreeme 615.00 0.00 001618 DHS Emerg. Mgmnt Performance 1,900.00 0.00 001620 NOAA NAAEE Watershed Ed. Grant 620.00 0.00 001621 HHS/FDEO CSBG FFY2020 3,940.00 0.00 001622 US Dept. of Treasury CARES Act 1,122,477.99 20,725.84 001623 FHA Section 112/MPO/FHWA Planning 142.57 8,866.29 001624 FHA Surface Transportation Block Gr 0.00 2,301.64 001834 TCERDA 3,189.00 2,498.46 001835 Artificial Reef Program 0.00 2,156.80 101 Transportation Trust Fund 33,356.02 150,908.49 101001 Transportation Trust Interlocals 0.00 1,855.32 102 Unincorporated Services Fund 8,191.23 81,205.67 102001 Drainage Maintenance MSTU 40,840.54 26,676.02 107 Fine & Forfeiture Fund 158,748.64 198,274.51 107001 Fine & Forfeiture Fund -Wireless Sur 65,782.86 6,907.96 107002 Fine & Forfeiture Fund-E911 Surchar 0.00 4,074.17 107006 F&F Fund -Court Related Technology 22,961.29 14,031.78 111 River Park I Fund 3,557.78 0.00 112 River Park II Fund 835.61 0.00 115 Sheraton Plaza Fund 581.09 0.00 120 The Grove Fund 234.08 0.00 122 Indian River Estates Fund 1,114.54 0.00 126 Southern Oak Estates Lighting 177.08 0.00 130241 FDOT FY20 Lakewood Park Corridor -Tr 0.00 522.52 139 Palm Grove Fund 1,042.54 0.00 140 Airport Fund 21,537.52 17,800.86 140001 Port Fund 184.14 7,654.40 140405 FDEP Taylor Creek Restoration Proje 18,750.00 0.00 160 Plan Maintenance RAD Fund 1,152.54 4,372.80 183 Ct Administrator-19th Judicial Cir 2,226.98 5,217.07 183001 Ct Administrator-Arbitration/Mediat 160.00 0.00 183100 DOJ BJA FY19 Adult Drug Discretiona 2,320.00 0.00 184235 Ft Pierce Beach Shore Protection Pr 111,417.00 0.00 185019 SHIP 2018/2019 433.25 0.00 185020 SHIP 2019/2020 0.00 265.81 185098 FHFC Coronavirus Relief Fund 0.00 3,188.63 189116 St. Lucie HOME Consortium FY 2019 0.00 1,720.54 190 Sports Complex Fund 6,985.41 26,421.81 310007 Impact Fees -Library "B" 30.39 0.00 316001 5th Cent Fuel -Capital 412.00 0.00 324205 FDOT-Airport Expansion MRO 54,990.00 0.00 401 Sanitary Landfill Fund 246,262.38 123,474.88 100 Page 12 of 411 11/13/20 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #7.- 07-NOV-2020 TO 13-NOV-2020 FUND SUMMARY FUND TITLE 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 625 Law Library 630 Medical Examiner Agency Fund 655 Insurance Agency Fund 801 Bank Fund EXPENSES 17,278.14 267,509.28 2,031.42 77,322.39 1,351,145.44 18,752.50 3,442.67 1,987.95 111,291.32 60,629.97 PAGE 2 PAYROLL 20,708.19 23,766.14 67,360.57 6,360.96 5,411.84 8,206.46 0.00 46,911.96 0.00 0.00 GRAND TOTAL: 4,440,672.32 1,616,793.65 101 Page 13 of 411 r Luc a- AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Mark Satterlee, Deputy County Administrator SUBMITTED BY: County Administration 8.B.1. 2020-50669 CONSENT AGENDA - ADMINISTRATION DATE: 12/1/2020 *ACTION ITEM - GRANT CONTRACT SUBJECT: Economic Development Council of St. Lucie County, Inc. - Contract for Economic Development Services for FY21 BACKGROUND: Attached to this agenda item is a copy of the proposed contract with Economic Development Council of St. Lucie County, Inc. for economic development services during fiscal year 2020/21. Pursuant to the proposed contract, the County will grant in the amount of $200,000.00 to the EDC for the period October, 2020 through September 30, 2021. The funds will be disbursed in two equal payment of $100,000.00 payable within 30 days following receipt of the EDC's interim reports of economic development activities. The County will also disburse an additional $50,000.00 to the EDC in the event its receives $50,000.00 from other donors on or before September 1, 2021. The grant funds will be used toward the EDC's costs in its efforts to facilitate economic development in St. Lucie County. The contracts mirrors the terms of the FY2019/20 grant to the EDC. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Sufficient funds are available for this expenditure in Account Nos. 666-1515-582000-520000 and 001-1515-582000-520000. RECOMMENDATION: Staff recommends the Board approve the proposed contract with Economic Development Council of St. Lucie County, Inc., and authorize the Chair to sign the contract. COMMISSION ACTION: Page 14 of 411 RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: November 12, 2020 Jennifer Hill, Office of Management & Budget Director Date: November 13, 2020 Daniel McIntyre, County Attorney Date: November 13, 2020 Mark Satterlee, Deputy County Administrator Page 15 of 411 CONTRACT THIS GRANT CONTRACT, made this day of 1 2020, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "County," and ECONOMIC DEVELOPMENT COUNCIL OF ST. LUCIE COUNTY, INC., or its successors, executors, administrators, and assigns hereinafter called the "Council": WHEREAS, the County and the Council have made the following determinations: 1. The Council is a private organization originally created by the St. Lucie County Chamber of Commerce to encourage economic development in St. Lucie County; and 2. The County will continue to use its own resources to facilitate and encourage economic development in the County; and 3. Nothing in this Agreement is intended to delegate any of the County's authority to encourage economic development to the Council. In addition, nothing in this Agreement is intended to provide the Council with an integral part in the County's decision -making process concerning economic development in the County. The parties do not intend that the Council will act on behalf of the County in facilitating and encouraging economic development in the County. IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: 1. The County shall disburse a grant in the amount of two hundred thousand and 00/100 dollars ($200,000.00) for the period October 1, 2020 through and including September 30, 2021. The County shall make two payments of one hundred thousand and 00/100 dollars ($100,000.00) each to the Council. Each payment shall be made within thirty (30) days of the County's receipt and acceptance of the Council's interim report showing that the goals and objectives of the grant as set forth in Paragraph 2 are being met. In addition to the grant set forth above, the County shall grant an additional fifty thousand and 00/100 dollars ($50,000.00) to the EDC if the EDC receives fifty thousand and 00/100 dollars ($50,000.00) from other donors on or before September 1, 2021 The EDC shall provide the County with written proof of such donations on or before September 1, 2021. The fifty thousand and 00/100 dollars ($50,000.00) in other donations shall be at or above the 2021 annual private fund-raising goal set by the EDC Executive Committee which shall not be less than the annual private fund raising goal set for 2020. H:\EDC.2020-21.doc Page 1 of 4 P of 411 2. The grant monies shall be used toward the Council's costs in its efforts to facilitate economic development in St. Lucie County. The goals and objectives for the Council's economic development efforts in connection with the grant shall include the following: A. The Council shall aggressively market relocation opportunities in the County to target businesses. To accomplish this goal, the Council shall establish a marketing program in conjunction with the County to seek these targeted businesses; B. The Council shall aggressively market the retention and expansion of existing businesses located in the County. 3. The Council shall deliver to the County interim reports on or before June 30, 2021 and September 30, 2021. Such reports shall analyze the Council's activities or how such goals and objectives, indicate how County funds were spent, detail the results of the Council's efforts on behalf of the County during the preceding quarter. On or before December 1, 2021, the Council shall deliver to the County a final report with the above information for the entire grant period. 4. The Council shall have internal controls adequate to safeguard the grant. 5. If the grant cannot be used or a subsequent audit reveals the grant was not used according to the terms and conditions of this contract, any money not so used shall be reimbursed to the County. 6. On or before April 30, 2022, the Council shall provide an audit for the Contract term, by a certified or duly licensed public accountant, of the expenditure of the grant. In the alternative and subject to the prior written approval of the County Management and Budget Director, the Council may submit qualifying paid invoices in lieu of a certified audit. 7. The Council gives the County the right, until the expiration of three (3) years after expenditure of funds under this agreement, to audit the use of the grant monies. Upon demand, the County shall have access to and the right to examine any directly pertinent books, documents, papers, and records of the Council involving transactions related to these grant monies. All required records shall be maintained until an audit is completed and all questions arising there from are resolved, or until the expiration of three (3) years after the expenditure of the funds. 8. The Council is and shall be an independent contractor, responsible to all parties for all of its acts or omissions and the County shall in no way be responsible for such acts or omissions. The Council shall and will indemnify and hold harmless the County from and against any and all liability, claims, damages, expenses, fees, fines, penalties, suits, proceedings, and actions and costs of actions, including reasonable attorney's fees, of any kind and nature arising or growing out or in any way connected with the use, occupations, administration or control of H:\EDC.2020-21.doc Page 2 of 4 Cj of 411 the above described services by the Council or its agents, employees, customers, patrons or invitees, or resulting from any injury to person or property, or a loss of life or property of any kind or nature whatsoever sustained during the term of this Agreement. The Council hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification provided herein. 9. The Council agrees to comply with all local, state and federal laws, rules and regulations. 10. All publications, media productions and exhibit graphics produced by the Council to facilitate economic development in the St. Lucie County shall include the following statement: Sponsored in part by the Board of County Commissioners, St. Lucie County, Florida. 11. Either party may terminate this contract with cause upon thirty (30) days written notice to the other provided that the party allegedly violating the contract shall have a reasonable opportunity to cure the alleged violation, provided however the Council shall reimburse the County for all unencumbered funds or funds expended or encumbered in conflict with.Council's application, as of the date of termination notice. 12. Any notice shall be in writing and sent registered or certified mail, postage and charges prepaid, and addressed to the parties at the following address: To the County: St. Lucie County Administrator Administration Annex, Room 300 2300 Virginia Ave., 3rd Floor Fort Pierce, Florida 34982 With copy to: St. Lucie County Attorney Administration Annex, Room 306 2300 Virginia Ave., 3rd Floor Fort Pierce, Florida 34982 To the Council: Economic Development Council of St. Lucie County, Inc. P.O. Box 881358 Port St. Lucie, FL 34986 13. No amendment, modification or waiver of this Contract shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Contract shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any forms for contract modification, Council agrees to use said forms. HAEDC.2020-21.doc Page 3 of 4 14. Except as otherwise provided, this agreement shall be binding upon and shall inure to the benefit of the parties. 15. In the event it is necessary for either party to initiate legal action regarding this Contract, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. 16. This Contract embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Contract shall supersede all previous communications, representations or agreements, either verbal or written, between the parties hereto. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. ATTEST: DEPUTY CLERK H AE DC.2020-21.doc BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY 111CrDJEV"PN4ENT TNCIL T.LOF SU N1Ni BY PRESIDENT (SEAL) Page 4 of 4 i t ``—Page 19 of 411 r Luc a- AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: JoAnn Riley, Property Acquisition Manager Property Acquisition Division 8.C.1. 2020-50416 CONSENT AGENDA - COUNTY ATTORNEY DATE: 12/1/2020 *ACTION ITEM - AGREEMENT 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 On March 17, 2009, the Board of County Commissioners approved the Contract for Sale and Purchase of the Mayo property for a stormwater pond site for the widening of Midway Road from East of the Turnpike Bridge to Selvitz Road. On September 2, 2014, the Board of County Commissioners approved Resolution No. 2014-138 accepting an LFA and MOA from FDOT for a PD&E Study from Glades Cut -Off Road to Selvitz Road. On December 20, 2016, the Board of County Commissioners approved Resolution No. 2014-138 accepting an LFA to provide funding for the design of Midway Road from Glades Cut -Off Road to Selvitz Road. On June 16, 2020, the Board of County Commissioners approved Resolution No. 2020-136 accepting a Right - of -Way Acquisition MOA with FDOT to conduct right-of-way acquisitions and related activities for the widening of Midway Road from Glades Cut -Off Road to Selvitz Road. The Florida Department of Transportation (FDOT) conducts its right-of-way acquisition activities in accordance with its right-of-way procedures and applicable federal acquisition requirements. During the review appraisal process it was determined the County used a hypothetical condition when a partial acquisition from the parent tract condition should have been used. The County had the parcel re -appraised with a retrospective date of April 24, 2009, the original acquisition date. Deighan Consultants valued the parcel at $995,000 and Fuller-Armfield-Wagner valued the parcel at $1,025,000. A review of the appraisals was completed by E. Stephen Fisher, ASA, Senior Appraiser at the Page 20 of 411 FDOT and recommended compensation should have been $1,025,000. The Right -of -Way Project Manager informed the County Engineer the County would need to pay the Seller an additional $125,000 to remain in compliance with the FDOT procedures and applicable federal acquisition requirements. Attached for your review and approval you will find an Addendum to the Contract for Sale and Purchase for the additional compensation. PREVIOUS ACTION: March 17, 2009 - the Board of County Commissioners approved the Contract for Sale and Purchase of the Mayo property. September 2, 2014 - the Board of County Commissioners accepted a Florida Department of Transportation (FDOT) Locally Funded Agreement and Memorandum of Agreement for Midway Road from Glades Cut -Off Road to Selvitz Road for a PD&E (Project Development & Environmental) Study and approved Resolution No. 2014-138. December 20, 2016 - the Board of County Commissioners accepted a Florida Department of Transportation (FDOT) Locally Funded Agreement to provide funding for the design of Midway Road from Glades Cut -Off Road to Selvitz Road and approved Resolution No. 2016-227. June 16, 2020 - the Board of County Commissioners approved a Right -of -Way Acquisition Memorandum of Agreement with the Florida Department of Transportation (FDOT) for the Midway Road to conduct right-of- way acquisitions and related activities for the widening of Midway Road from Glades Cut -Off Road to Selvitz Road and approved Resolution No. 2020-136. FINANCIAL IMPACT: Funds will be available in account 310006-4115-561000-114604 (Impact Fees/Midway Rd (Glades to Selvitz)). Line to Line #2021-0059,9312. RECOMMENDATION: Staff recommends 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. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Page 21 of 411 Coordination/Signatures Date: November 18, 2020 Daniel McIntyre, County Attorney Date: November 20, 2020 Mark Satterlee, Deputy County Administrator Page 22 of 411 _ Midway Road N Mar0 GRoad Improvement Project - Pond Site W+1E M0S �1D subjectparcel]PROSPERITY DR . � 1 LU ■ ♦ '� ■�. • J _ ■ ♦♦�:♦♦ a A lipLill NONE FA SIR WA • �C ■ �� '� � ter■■■■■ � -�■■ � C �� �� � . ■■� � _ ■ III ���� � � ��II■■ ° •�1�� i ii ���� .�� ■■ p — � �I ►QI�I1111111111111�1 , � ' ■ ■■■■■� ■■��►� ���■■■ ■■■■■ ■I�m—����nllllluu►��i ,�, ,I,� ► i i � ����� ♦���� I�� ������ � i� �•�������1�■�►►� , I� :��p,,���111111� �1 � ���p�►II�j� � � �♦♦I,� 1 �� 1 / � i ♦1 ♦1� 4 = �111111■ Illllllll�i�j��� ♦ 00 N • C —� ��— �'1♦��t►11111111►�IIIIIIII�j���,,��1i — i . � • lip 111111111111= == == J �� ,,Qo� 1 6 1�au d�•�L . 1 1 1 1 rjr ADDENDUM TO CONTRACT FOR SALE AND PURCHASE FOR REAL PROPERTY ACQUISITION This Addendum is attached to and made a part of that certain Contract For Sale and Purchase dated March 17, 2009 by and between JOHN A. MAYO (hereinafter "Seller"), and ST. LUCIE COUNTY, a political subdivision of the State of Florida (hereinafter "Purchaser") in the amount of $900,000.00. On September 2, 2014, the Board of County Commissioners accepted a Florida Department of Transportation (FDOT) Locally Funded Agreement and Memorandum of Agreement for Midway Road from Glades Cut -Off Road to Selvitz Road for a PD&E (Project Development & Environmental) Study and approved Resolution No. 2014-138. On December 20, 2016, the Board of County Commissioners accepted a Florida Department of Transportation (FDOT) Locally Funded Agreement to provide funding for the design of Midway Road from Glades Cut -Off Road to Selvitz Road and approved Resolution No. 2016-227. On June 16, 2020, the Board of County Commissioners approved a Right -of -Way Acquisition Memorandum of Agreement with the Florida Department of Transportation (FDOT) for the Midway Road to conduct right-of-way acquisitions and related activities for the widening of Midway Road from Glades Cut -Off Road to Selvitz Road and approved Resolution No. 20-136. The Florida Department of Transportation (FDOT) conducts its right-of-way acquisition activities in accordance with its right-of-way procedures and applicable federal acquisition requirements. During the review appraisal process, E. Stephen Fisher, ASA, Senior Appraiser determined the appraisal prepared by Deighan Consultants used a hypothetical condition which he disagreed with.. Mr. Fisher stated a partial acquisition from the parent tract should have been used. County staff was instructed to re -appraise the parcel with a retrospective date of April 24, 2009 (the closing date of the transaction). Deighan Consultants valued the parcel at $995,000 and Fuller-Armfield-Wagner valued the parcel at $1,025,000. A review of the appraisals was performed by E. Stephen Fisher on March 27, 2019 stating the recommended. compensation should have been $1,025,000.00. The Right -of -Way Project Manager informed the County Engineer the County needs to pay the Seller an additional $125,000 to remain in compliance with the FDOT procedures and applicable federal acquisition requirements. 1 Page 24 of 411 The parties agree to additional compensation in the amount of $125,000 upon receipt of the executed Addendum and approval by the St. Lucie County Board of County Commissioners. In all other respects, the terms and conditions of the contract shall remain in full force and effect. EXECUTED BY SELLER thisC2%74-day of , 2020. JOHN A. MAYO REVOCABLE LIVING TRUST By: Print Name: A'.l STn%} �� J EXECUTED BY PURCHASER this day of 12020. ATTEST: Deputy Clerk CORRECTNESS: 2 ST. LUCIE COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA Chair APPROVED AS TO FORM AND Page 25 of 411 RESOLUTION 20-136 A RESOLUTION ACCEPTING THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY ACQUISITION MEMORANDUM OF AGREEMENT FOR MIDWAY ROAD FROM GLADES CUTOFF ROAD TO SELVITZ ROAD 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 has made the following determinations: Acceptance of the Right of Way Acquisition Memorandum of Agreement with the Florida Department of Transportation for Midway Road from Glades Cut -Off Road to Selvitz Road is in the County's best interest. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board hereby accepts and approves the Right of Way Acquisition Memorandum of Agreement with the Florida Department of Transportation for Midway Road from Glades Cutoff Road to Selvitz Road. 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. After motion and second, the vote on this Resolution was as follows: Chair Cathy Townsend AYE Vice -Chair Chris Dzadovsky AYE Commissioner Sean Mitchell AYE Commissioner Linda Bartz AYE Commissioner Frannie Hutchinson AYE PASSED AND DULY ADOPTED this 161" day of June, 2020. Page 1 of 2 Page 26 of 411 ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: eau'o Chair APPROVED AS TO FORM AND CORRECTNESS: Page 2 of 2 Page 27 of 411 r Luc a- AGENDA REQUEST 0 TO: Board of County Commissioners PRESENTED BY: Kimberly Graham, County Engineer SUBMITTED BY: Public Works 8.G.1. RES-2020-136 CONSENT AGENDA -PUBLIC WORKS DATE: 6/16/2020 *RESOLUTION ITEM - BOARD APPROVAL QUASI-JUDICIAL ITEM? NO SUBJECT: Resolution - FDOT ROW MOA - Midway Road Widening (Glades Cut -Off Road to Selvitz Road) BACKGROUND: The Florida Department of Transportation (FDOT) is constructing the widening of Midway Road from Glades Cut -Off Road to Selvitz Road. This Project includes the acquisition of right-of-way and related activities along the Project corridor as outlined in the attached Right of Way Acquisition Memorandum of Agreement with FDOT. PREVIOUS ACTION: September 2, 2014 - Board approved LFA and MOA with FDOT for Midway Road (Glades Cut -Off to Selvitz Road) PD&E Study. December 20, 2016 - Board approved LFA and MOA with FDOT for Midway Road (Glades Cut -Off to Selvitz Road) Design. FINANCIAL IMPACT: N/A - All ROW Acquisitions will require Board approval. RECOMMENDATION: Staff recommends Board approval of the attached Resolution No. 20- and Right of Way (ROA) Acquisition Memorandum of Agreement (MOA) with Florida Department of Transportation (FDOT) for Midway Road Widening and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Page 28 of 411 RESULT: Approve MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 3 Linda Bartz AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie Hutchinson NAYS: None EXCUSED: None Coordination/Signatures Date: June 03, 2020 Don West, Public Works Director Date: June 04, 2020 Daniel McIntyre, County Attorney Date: June 05, 2020 Mark Satterlee, Deputy County Administrator Page 29 of 411 RESOLUTION NO. 16-227 A RESOLUTION ACCEPTING THE FLORIDA DEPARTMENT OF TRANSPORTATION LOCALLY FUNDED AGREEMENT (#231440-3-31/32-01) FOR WEST MIDWAY ROAD — GLADES CUT-OFF ROAD TO SELVITZ ROAD DESIGN AND AUTHORIZING THE CHAIRMAN 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 for West Midway Road — Glades Cut -Off Road to Selvitz Road Design. 2. The Board should authorize and approve execution of the Locally Funded Agreement (#231440-3-31/32-01) with the 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 Florida Department of Transportation Locally Funded Agreement (#231440-3-31/32-01) to provide funding for West Midway Road — Glades Cut -Off Road to Selvitz Road Design. 2. The Board hereby authorizes and Chairman to execute the above - referenced agreement and further authorizes the County Attorney to execute the agreement by approving it as to form and correctness. Page 1 of 2 Page 30 of 411 After motion and second, the vote on Resolution 16-227 was as follows: Chairman Chris Dzadovsky AYE Vice -Chair Tod Mowery AYE Commissioner Linda Bartz AYE Commissioner Frannie Huthchinson AYE Commissioner Cathy Townsend AYE PASSED AND DULY ADOPTED this 20th day of December, 2016. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: _L�'Z CHAIRMAN 9 CZ cap A777Vr- ND CORRECTNESS: COUNTY ATT Y Page 2 of 2 Page 31 of 411 M C6UNry F LORI D A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Craig Hauschild, Assistant County Engineer SUBMITTED BY: Public Works ITEM NO. RES-2016-227 DATE: 12/20/2016 *CONSENT AGENDA\PUBLIC WORKS SUBJECT: Resolution - W. Midway Road from Glades Cut-off Road to Selvitz Road Design - Locally Funded Agreement, Memorandum of Agreement BACKGROUND: The widening of Midway Road from Selvitz Road to 25th Street being implemented by St. Lucie County will reach substantial completion around the New Year, 2017. The Florida Department of Transportation (FDOT) recently commenced with the widening of Midway Road between 25th Street and US-1. Construction of this segment is to be completed in the earlier portion of 2020. The remaining section of this very important evacuation route, from Glades Cut-off Road to Selvitz Road, which includes a new bridge over the Florida Turnpike, is currently being scheduled for design. A new bridge over the turnpike will be a significant expense. In order to seek federal funding for this very important widening project, the County approached FDOT to assist in the creation of a federal project. FDOT has consented to our request provided St. Lucie County funds the Project Development and Environmental (PD&E) Study in the amount of $1.65 million and the subsequent design phase (estimated at $2.0 million). Funds for the agreement already exist in Engineering Division's Capital Improvement Program project list. The PD&E Study for Midway Road from Glades Cut-off Road to Selvitz Road is nearly complete. The Public Hearing date for this segment of roadway has been scheduled for January 19, 2017. Design of our project has already been advertised by FDOT. Approval of the Local Funding Agreement (LFA) and the Memorandum of Agreement (MOA) are necessary for this project to. move forward into design. PREVIOUS ACTION: September 2, 2014 - Board approved LFA and MOA with FDOT in the amount of $1,650,000.00 For W. Midway Road from Glades Cut-off Road to Selvitz Road PD&E Study FINANCIAL IMPACT: Sufficient funding is available in the Transportation Bond account (318-4115-563000-114604) in the amount of $1,844,672.00 and Transportation Bond Reserve (318-9910-599300-800) in the amount of $156,000.00. Page 32 of 411 RECOMMENDATION: Staff recommends Board approval of the LFA #231440-3-31/32-01 and MCA with Florida Department of Transportation (FDOT) in the amount of $2,000,000.00 for W. Midway Road from Glades Cut-off Road to Selvitz Road Design; authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: RESULT: MOVER: SECONDER: AYES: ADOPTED BY CONSENT VOTE [UNANIMOUS] Tod Mowery, District No. 2, Vice -Chairman Frannie Hutchinson, District No. 4 Dzadovsky, Mowery, Bartz, Hutchinson, Townsend Coordination/Signatures Ton We t, Public Works Director A Z016 A ! Danie. S. McIntyre, Ci my Mtorney 12/7/2016 Jen r Hill, o fice of v1ana nd Bu get Direct r 12/7/2016 d &W De •oun Administrator 12/8/2016 Updated: 12/9/2016 11:12 AM by Katrina Slay Page 2 Page 33 of 411 ITEM NO. RES-2016-227 TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners Craig Hauschild, Assistant County Engineer Public Works DATE: 12/20/2016 *CONSENT AGENDA\PUBLIC WORKS Resolution - W. Midway Road from Glades Cut-off Road to Selvitz Road Design - Locally Funded Agreement, Memorandum of Agreement The widening of Midway Road from Selvitz Road to 25th Street being implemented by St. Lucie County will reach substantial completion around the New Year, 2017. The Florida Department of Transportation (FDOT) recently commenced with the widening of Midway Road between 25th Street and US-1. Construction of this segment is to be completed in the earlier portion of 2020. The remaining section of this very important evacuation route, from Glades Cut-off Road to Selvitz Road, which includes a new bridge over the Florida Turnpike, is currently being scheduled for design. A new bridge over the turnpike will be a significant expense. In order to seek federal funding for this very important widening project, the County approached FDOT to assist in the creation of a federal project. FDOT has consented to our request provided St. Lucie County funds the Project Development and Environmental (PD&E) Study in the amount of $1.65 million and the subsequent design phase (estimated at $2.0 million). Funds for the agreement already exist in Engineering Division's Capital Improvement Program project list. The PD&E Study for Midway Road from Glades Cut-off Road to Selvitz Road is nearly complete. The Public Hearing date for this segment of roadway has been scheduled for January 19, 2017. Design of our project has already been advertised by FDOT. Approval of the Local Funding Agreement (LFA) and the Memorandum of Agreement (MOA) are necessary for this project to move forward into design. PREVIOUS ACTION: September 2, 2014 - Board approved LFA and MOA with FDOT in the amount of $1,650,000.00 For W. Midway Road from Glades Cut-off Road to Selvitz Road PD&E Study FINANCIAL IMPACT: Sufficient funding is available in the Transportation Bond account (318-4115-563000-114604) in the amount of $1,844,672.00 and Transportation Bond Reserve (318-9910-599300-800) in the amount of $156,000.00. Page 34 of 411 RECOMMENDATION: Staff recommends Board approval of the LFA #231440-3-31/32-01 and MOA with Florida Department of Transportation (FDOT) in the amount of $2,000,000.00 for W. Midway Road from Glades Cut-off Road to Selvitz Road Design; authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS] MOVER: Tod Mowery, District No. 2, Vice -Chairman SECONDER: Frannie Hutchinson, District No. 4 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend Coordination/Signatures _NTTN_aL1_ - �A�J n We t, Public Works Director 016 0-,4 Danie 5. McIntyre, c my ttorney 12/7/2016 Jen r Nill, oTficjof an nd Bu get Direct r 12/7/2016 71 aW d De gun Administrator 12/8/2016 Updated: 12/9/2016 11:12 AM by Katrina Slay Page 2 Page 35 of 411 RESOLUTION 2014-138 A RESOLUTION ACCEPTING THE FLORIDA DEPARTMENT OF TRANSPORTATION LOCALLY FUNDED AGREEMENT (FM NO. 231440-3-21- 01/22-01) AND MEMORANDUM OF AGREEMENT FOR CR712/W. MIDWAY ROAD FROM GLADES CUTOFF ROAD TO SELVITZ ROAD PD&E (PROJECT DEVELOPMENT & ENVIRONMENTAL) STUDY AND AUTHORIZING THE CHAIR TO EXECUTE THE AGREEMENTS AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENTS BY APPROVING THEM AS TO FORM AND CORRECTNESS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: Florida: ATTEST: Acceptance of the Locally Funded Agreement (FM No. 231440-3-21-01/22-01) and Memorandum of Agreement with the Florida Department of Transportation for CR712/W. Midway Road from Glades Cutoff Road to Selvitz Road PD&E Study. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, 1. The Board hereby accepts and approves the Locally Funded Agreement (FM No. 231440- 3-21-01/22-01) and Memorandum of Agreement with the Florida Department of Transportation for CR712/W. Midway Road from Glades Cutoff Road to Selvitz Road PD&E Study. 2. The Board hereby authorizes the Chair to execute the above -referenced agreements and further authorizes the County Attorney to execute the agreements by approving them as to form and correctness. After motion and second, the vote on this Resolution was as follows: Chair Frannie Hutchinson AYE Vice -Chair Paula A. Lewis AYE Commissioner Chris Dzadovsky AYE Commissioner Tod Mowery AYE Commissioner Kim Johnson AYE PASSED AND DULY ADOPTED this 2th day of September, 2014. BOARD OF COUNTY COMMISSIONERS ST: LUCIE C NTY, FLORI B Chair APPROVED WrO FORM AND Page 1 of 1 my Page 36 of 411 ITEM NO. RES-2014-138 AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Michael Powley, County Engineer SUBMITTED BY: Engineering DATE: 09/02/2014 *CONSENT AGENDA\PUBLIC WORKS SUBJECT: Resolution No. 2014-138 - W. Midway Road from Glades Cut-off Road to Selvitz Road PD&E Study - Locally Funded Agreement, Memorandum of Agreement BACKGROUND: The widening of Midway Road from Selvitz Road to 25th Street will be implemented by St. Lucie County and should begin around the new year depending on how Port St. Lucie Utilities or Fort Pierce Utilities respond to our bidding. The Florida Department of Transportation (FDOT) will implement the widening of Midway Road between 25th Street and US-1 scheduled for mid -year 2016. The remaining section of this very important evacuation route, from Glades Cut-off Road to Selvitz Road, has not been assigned to a consultant. This section includes the bridge over Florida's Turnpike. A new bridge over the turnpike will be a significant expense. In order to seek federal funding for this very important widening project, the County approached FDOT to assist in the creation of a federal project. FDOT has consented to our request provided St. Lucie County funds the Project Development and Environmental (PD&E) Study (estimated at $1.5 million) and the subsequent design phase (estimated at $2.0 million). Funds for the agreement already exist in Engineering Division's Capital Improvement Program project list. Our project is already being advertised by FDOT. Approval of the Local Funding Agreement (LFA) and the Memorandum of Agreement (MOA) are necessary before a consultant can be selected. PREVIOUS ACTION: April 11, 2006 - Board approved the agreement with H.W. Lochner, Inc., in the amount of $1,718,442.90 for widening of Midway Road from east of the Turnpike bridge to South 25' Street. May 8 2007 - Board approved the First Amendment to the Agreement with H.W. Lochner, Inc., in the amount of $188,052.04, for additional work associated with Canal 103. May 6, 2008 - Board approved the Second Amendment to the Agreement with H.W. Lochner, Inc., in the amount of $190,470.02, for additional design work and field analysis. Page 37 of 411 March 31, 2009 - County Administrator approved the Third Amendment for a time extension only. August 11, 2009 - Board approval of the Fourth Amendment with H.W. Lochner, Inc. In the amount of $226,490.35 and authorization for the Chair to sign documents as approved by the County Attorney. August 19, 2010 - County Administrator approved the Fifth Amendment for a time extension only. January 18, 2012 - County Administrator approved the Sixth Amendment for a time extension only. September 25, 2012 - County Administrator approved the Seventh Amendment for a time extension only. May 7, 2013 - Board approval of the Eighth Amendment to the Agreement (C06-04-174) with H.W. Lochner, Inc. In the amount of $228,873.92 for Midway Road (Selvitz Road to 25th Street). FINANCIAL IMPACT: Sufficient funding is available in the Transportation Bond account (318-4115-563000-114604). RECOMMENDATION: Staff recommends Board approval of the LFA and MOA with FDOT for W. Midway Road from Glades Cut- off Road to Selvitz Road PD&E Study and Resolution No. 14-138 . Authorization for the Chair to sign documents as approved by the County Attorney. MMISSION ACTION: Updated: 8/28/2014 2:04 PM by Kelly Phelan A Page 2 Page 38 of 411 RESULT: ' ADOPTED BY CONSENT VOTE [UNANIMOUS] MOVER: Kim Johnson, District No. 5 SECONDER: Paula A. Lewis, District No. 3 Vice -Chair AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson Coordination Si natures on We t, Public Works Directo 2014 f e Dav)ie_V'SZ�M cl jntyire# C my ttorney 8/21/2014 �a ob bentkofsky, Deputy CaGnty Administrator a-8 / /2014 Updated: 8/28/2014 2:04 PM by Kelly Phelan A Page 3 Page 39 of 411 ITEM NO. RES-2014-138 TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners Michael Powley, County Engineer Engineering DATE: 09/02/2014 *CONSENT AGENDA\PUBLIC WORKS Resolution No. 2014-138 - W. Midway Road from Glades Cut-off Road to Selvitz Road PD&E Study - Locally Funded Agreement, Memorandum of Agreement The widening of Midway Road from Selvitz Road to 25th Street will be implemented by St. Lucie County and should begin around the new year depending on how Port St. Lucie Utilities or Fort Pierce Utilities respond to our bidding. The Florida Department of Transportation (FDOT) will implement the widening of Midway Road between 25th Street and US-1 scheduled for mid -year 2016. The remaining section of this very important evacuation route, from Glades Cut-off Road to Selvitz Road, has not been assigned to a consultant. This section includes the bridge over Florida's Turnpike. A new bridge over the turnpike will be a significant expense. In order to seek federal funding for this very important widening project, the County approached FDOT to assist in the creation of a federal project. FDOT has consented to our request provided St. Lucie County funds the Project Development and Environmental (PD&E) Study (estimated at $1.5 million) and the subsequent design phase (estimated at $2.0 million). Funds for the agreement already exist in Engineering Division's Capital Improvement Program project list. Our project is already being advertised by FDOT. Approval of the Local Funding Agreement (LFA) and the Memorandum of Agreement (MOA) are necessary before a consultant can be selected. PREVIOUS ACTION: April 11, 2006 - Board approved the agreement with H.W. Lochner, Inc., in the amount of $1,718,442.90 for widening of Midway Road from east of the Turnpike bridge to South 25th Street. May 8 2007 - Board approved the First Amendment to the Agreement with H.W. Lochner, Inc., in the amount of $188,052.04, for additional work associated with Canal 103. May 6, 2008 - Board approved the Second Amendment to the Agreement with H.W. Lochner, Inc., in the amount of $190,470.02, for additional design work and field analysis. Page 40 of 411 March 31, 2009 - County Administrator approved the Third Amendment for a time extension only. August 11, 2009 - Board approval of the Fourth Amendment with H.W. Lochner, Inc. In the amount of $226,490.35 and authorization for the Chair to sign documents as approved by the County Attorney. August 19, 2010 - County Administrator approved the Fifth Amendment for a time extension only. January 18, 2012 - County Administrator approved the Sixth Amendment for a time extension only. September 25, 2012 - County Administrator approved the Seventh Amendment for a time extension only. May 7, 2013 - Board approval of the Eighth Amendment to the Agreement (C06-04-174) with H.W. Lochner, Inc. In the amount of $228,873.92 for Midway Road (Selvitz Road to 25th Street). FINANCIAL IMPACT: Sufficient funding is available in the Transportation Bond account (318-4115-563000-114604). RECOMMENDATION: Staff recommends Board approval of the LFA and MOA with FDOT for W. Midway Road from Glades Cut- off Road to Selvitz Road PD&E Study and Resolution No. 14-138 . Authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Updated: 8/28/2014 2:04 PM by Kelly Phelan A Page 2 Page 41 of 411 RESULT: MOVER: SECONDER: AYES: ADOPTED BY CONSENT VOTE [UNANIMOUS] Kim Johnson, District No. 5 Paula A. Lewis, District No. 3 Vice -Chair Hutchinson, Lewis, Dzadovsky, Mowery, Johnson Coordination/Signatures f n We t, Public Works Director 2014 Da)nieyS. McIntyre, C my ttorney 8/21/2014 J ob bentkofsky, Deputy county Administrato S� /2014 Updated: 8/28/2014 2:04 PM by Kelly Phelan A Page 3 Page 42 of 411 C.09-03-OR? PROJECT NAME: Midway Road Improvement Project PARCEL: John A. Mayo -Parcel # 3406-601-0002-00014 CONTRACT FOR SALE AND PURCHASE FOR REAL PROPERTY ACQUISITION THIS AGREEMENT made this 19 day of ct„� I 2009, JOHN A. MAYO, whose mailing address is 1207 SW 87T" Terrace, Plantation FL 33324 hereinafter referred to as SELLER and, ST. LUCIE COUNTY, a political subdivision of the State of Florida, whose mailing address is 2300 Virginia Avenue Fort Pierce, Florida, 34982 hereinafter referred to as PURCHASER, upon the terms and conditions set forth herein, SELLER agrees to sell and PURCHASER agrees to purchase a certain parcel or parcels of real property located in the County of St. Lucie, Florida, being more fully described as: SEE ATTACHED EXHIBIT "A" to be used for right-of-way and stormwater purposes, together with all improvements and personal property located thereon as may hereinafter be specifically described. 1. PURCHASE PRICE AND METHOD OF PAYMENT. The full purchase price Nine Hundred Thousand and 00/100 Dollars, determined to be the total of the following: 1$900.000.0J Real Property Parcel I.D. 3406-601-0002-000/4 $900.000.00 Other Improvements upon the Land (described, if any) N/A Other (describe) N/A payable in Cash or Cashier's check at the time of closing; plus or minus credits, adjustments and prorations as of the date of closing. 2. EXPENSES. PURCHASER shall pay for documentary stamps and recording fees on the Deed conveying the subject real property to PURCHASER. Processing fees, if any, for obtaining a release, partial release orsubordination agreement upon any existing mortgage shall be borne by PURCHASER. 1 Page 43 of 411 3. TITLE. PURCHASER shall obtain, at the PURCHASER'S expense, a commitment for title insurance from a title company of PURCHASER'S choice, certified to a date not earlierthat the date hereof, showing good and marketable title thereto to be vested in the SELLER, free and clear of all liens and encumbrances except those herein expressly set forth and those which shall be discharged by SELLER at or before closing. Should PURCHASER find on examination of said title commitment that SELLER'S title is not good and marketable, PURCHASER shall notify SELLER or his attorney in writing specifying the defects and SELLER agrees to use reasonable diligence to make same good and marketable and shall have a reasonable time therefor, but not to exceed 45 days from the date of said notification. If title shall not be made good and marketable within said time, all monies paid hereunder shall forthwith be repaid to PURCHASER and thereupon this contract shall become null and void and the parties hereto released and relieved of all further rights, duties or obligations hereunder; or, at PURCHASER'S option and PURCHASER'S request, SELLER shall deliver the title in its existing condition upon compliance by PURCHASER with the terms of the contract, and in such event SELLER shall be released and relieved from any duty and obligations to make such title good and marketable. 4. CONVEYANCE. SELLER agrees to convey title to PURCHASER by a good and sufficient statutory Warranty Deed, all real property to be free and clear of all liens and encumbrances except, taxes for the current year, and zoning ordinances. 5. LIENS. All certified liens or assessments and any pending liens for which work has been completed prior to the date of this contract, shall be paid by SELLER. SELLER shall make and deliverto PURCHASER a Mechanic's No -Lien Affidavit as to realty. 6. PRORATIONS. Taxes, rents, interest and other expenses or revenue of said property shall be prorated from the cash to close as of the date of closing. Credits and charges for the day of closing shall belong to and be borne by the SELLER. 2 Page 44 of 411 7. RISK OF LOSS. SELLER assumes risk of any and all loss or damage prior to closing and the property shall be conveyed in the same condition as on the date of this contract, ordinary wear and tear excepted. 8. POSSESSION. SELLER shall deliver possession to PURCHASER at the closing. 9. CLOSING. The closing shall be on or before April 24. 2009 at which time all monies due to be paid hereunder and all instruments due to be made, executed, and delivered by the respective parties, each to the other, as herein provided, shall be paid and delivered, and the abstract shall become the property of the PURCHASER, subject to possessory rights and mortgagees of record. 10. PLACE OF CLOSING. Closing shall be held at the offices of a place chosen by PURCHASER and PURCHASER shall notify SELLER in writing of same at least seven (7) days prior to closing. 11. ATTORNEY'S FEES. Either party failing to comply with the terms hereof will pay all expenses, including a reasonable attorney's fee, incurred by the other party because of that failure. 12. MISCELLANEOUS. Written provisions shall control all printed provisions in conflict therewith. This Contract embodies the entire agreement of the parties and may not be altered or modified except by an instrument in writing signed by the party against whom the enforcement of any alterations or modifications is sought. 13. DEFAULT. If SELLER fails to perform hereunder without fault of the PURCHASER, all monies paid hereunder shall be returned to the PURCHASER upon demand but PURCHASER shall not thereby waive any right or remedy he may have because of such default of SELLER. If PURCHASER fails to perform hereunder without fauItofSELLER, all monies paid hereundermaybe retained 3 Page 45 of 411 by SELLER as liquidated damages which shall be in lieu of all other remedies allowed by law and this contract shall there upon terminate. 14. DEED RESTRICTIONS. SELLER warrants that there are no deed restrictions which are coupled with a reverter or re-entry clause and that title is not based upon a tax deed, or if based upon a tax deed, that the title has been duly quieted by suit. 15. ASSIGNMENT. This contract is freely assignable by the PURCHASER, but no such assignment is binding upon SELLER until an executed copy thereof is delivered to the SELLER. Upon such delivery, the assignor shall be relieved of all liabilities under this contract. 16. ESCROW CLOSING. The cash proceeds of sale shall be held in escrow by the escrow agent for a period of no longer that five (5) business days to allow the deed to the PURCHASER to be recorded and the abstract of title continued, at the expense of the PURCHASER, to show title in the PURCHASER, without any intervening encumbrances or change from the date of last continuation. If there should be any change, the parties shall have the same rights as provided elsewhere herein, when SELLER is unable to make title good and marketable. 17. RECISSION. PURCHASER may rescind this contract if at the time of closing the SELLER is the subject of any insolvency, receivership or bankruptcy proceedings, or is deceased. 18. EXISTING MORTGAGES. SELLER hereby warrants that existing mortgages are in good standing and SELLER further agrees to keep them in good standing and to make all payments due thereunder; he shall either satisfy the mortgage or obtain a release of the subject property from the mortgage at or before closing. 19. REFUSAL OF SPOUSE. Failure or refusal of the wife or husband of the SELLER to execute the deed or any other required document, shall be deemed default of the SELLER. Page 46 of 411 20. OFFER TO SELL. SELLERand PURCHASER recognize and agree that bysigning this agreement first, the SELLER is offering to sell the property described above to the PURCHASER in accordance with the terms and conditions of this agreement. If PURCHASER shall fail to approve this agreement within sixty (60) days after SELLER signs this agreement, this offer shall be null and void. 21. SELLER'S REPRESENTATIONS. (a) SELLER warrants and represents that there are no leases, occupancies, or tenancies; and none will be agreed to prior to closing without PURCHASER'S consent. (b) SELLER has not entered into any contracts, subcontracts, licenses, concessions, easements, or other agreements, service arrangements, either recorded or unrecorded, written or oral, affecting the property. (c) SELLER agrees with PURCHASER that from and after the date hereof and prior to closing, SELLER will not enter into any lease or agreement or any modification of any existing lease or agreement pertaining to the subject property without the written consent of PURCHASER. (d) Neither the whole nor any part of the subject property is now, and at the closing will be, in violation of any code, ordinance, statute, or regulation pertaining thereof; and SELLER has received no notice of any such violation. SELLER shall deliver to PURCHASER any such notice received prior to or after closing. (e) There are no encroachments thereof. (f) All of SELLER'S representations and warranties set forth in this Contract shall be true as of and surviving the closing, and all obligations of SELLER involving action or performance by SELLER prior to closing shall have been fully complied with. In the event that a lien, claim or cause of action should arise, resulting from the activities upon the property prior to closing or from any misrepresentations concerning the property contained herein, SELLER shall at its sole cost and expense defend against such claim or cause of action, and hold PURCHASER harmless therefrom, which shall include, but not be limited to, SELLER'S retaining such attorneys or other persons as may be required to fulfill this indemnification. If any of the representations of SELLER contained in this paragraph are inaccurate at the present time or as of the date of closing, PURCHASER may elect not to close 5 Page 47 of 411 this transaction in which event all parties shall be relieved from all obligations and liabilities hereunder; provided however, that nothing contained herein shall preclude PURCHASER from seeking specific performance of SELLER'S obligations hereunder so as to rectify any misrepresentation made by SELLER herein. 22. COMPLIANCE WITH ENVIRONMENTAL LAWS. As of and subsequent to the date of this Contract of Sale, the SELLER warrants and represents to the PURCHASER, its successors and assigns, that to the best of the SELLER'S knowledge and belief that there is no violation of Federal, State, and/or local environmental laws and/or regulations on the property. PURCHASER, at PURCHASER'S expense, shall have the right to have said items inspected, and if upon inspection such items do not meet the above representations, PURCHASER shall have the option of canceling this Agreement or PURCHASER may elect to proceed with the transaction. 23. CONFLICT OF LAWS. The parties hereto hereby agree that all legal rights, duties, obligations and defenses shall be determined pursuant to the Laws of the State of Florida. The covenants herein shall bind and the benefits and advantages shall inure to the respective heirs, executors, administrators and successors or the parties hereto. Whenever used, the singular shall include the plural, and the plural the singular and the use of any gender shall include all genders. and seals. Witness 'Witi'ess J IN WITNESS WHEREOF, the parties have hereunto affixed their hands EXECUTED by SELLER this - da JOHN A. MAYO , 2009. 6 Page 48 of 411 STATE OF t ) COUNTY OF S, ( XA C,' ) The foregoing instrument was acknowledged before me this day of 2009, by JOHN A. MAYO who is personally known tome or who has produced a drivers license issued within the last five years as identification. My Commission Expires "Y'r'"• CAROL A. BISHOP Commission DD 777688 e = Expires May 26, 2012 •'' yxF;°•` Banded ThNTroy Fain Insurance 800-385-7019 EXECUTED by PURCHASER this ATTEST: DEPUTY CLERK, y 1"'y0`1 q Notary Public { (Printed, Typed or Stamped Name of Notary Public) day of , 2009 BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA APPROVED AS TO FORM AND COO RFCTNFSS 7 Page 49 of 411 EXHIBIT "A" Lot 2, of MIDWAY INDUSTRIAL PARK PHASE II, according to the Plat thereof recorded in Plat Book 39, Pages 8 and 8A, of the Public Records of St. Lucie County, Florida, LESS AND EXCEPTING THEREFROM the South 40 feet thereof, conveyed to St. Lucie County as additional right-of-way for West Midway Road ( CR 712) 8 Page 50 of 411 EXHIBIT "B" SCHEDULE OF LEASES, TENANCIES AND OCCUPANCIES Page 51 of 411 EXHIBIT "C" CONTRACTS, LICENSES AND AGREEMENTS 10 Page 52 of 411 EXHIBIT "D" OPERATION, MAINTENANCE AND EMPLOYMENT AGREEMENTS 11 Page 53 of 411 EXHIBIT "E" POLICIES OF INSURANCE 12 Page 54 of 411 "6 . AGENDA REQUEST ITEM NO. VI-B-2 DATE: March 17, 2009 REGULAR[] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Contract for Sale and Purchase - Stormwater Pond Site Midway Road Improvements Four-Laning of Midway Road from East of the Turnpike Bridge to South 25" Street John A. Mayo —Parcel I.D. 3406-601-0002-000/4 BACKGROUND: Please see attached Memorandum FUNDS AVAILABLE: Funds will be made available in: Impact Fees - Right -of -Way 101006-4116-561007-4118 Impact Fees - Title 101006-4116-561002-4118 PREVIOUS ACTION: April 11, 2006 - Agreement with H.W. Lochner, Inc. for design and permitting Four Laning of Midway Road from East of Turnpike Bridge to South 25t" Street. RECOMMENDATION: Staff recommends the Board approve the Contract for Sale and Purchase from Mr. John Mayo, authorize the Chair to sign the Contract, direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. COMMISSION ACTION: [4 APPROVED [ ] DENIED []OTHER Approved 5-0 [x] County Attorney: Daniel McIntyre i (x] Originating Dept: -� n4— JoAnn Riley Review and Approvals [x] Engineering: Michael Powley CONCURRENCE: Faye W. Outlaw, MPA County Administrator [x] Public Works: Don West Page 55 of 411 PROPERTYACQUISITION DIVISION ° - MEMORANDUM � TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: March 17, 2009 SUBJECT: Contract for Sale and Purchase - Stormwater Pond Site Midway Road Improvements Four-Laning of Midway Road from East of the Turnpike Bridge to South 251h Street John A. Mayo -Parcel I.D. 3406-601-0002-000/4 BACKGROUND: 5t, Lucie County is in the' process of a Road Improvement Project to widen Midway Road for approximately 2.2 miles beginning East of the Florida Turnpike Bridge and terminating at South 251h Street. We will widen Midway Road to provide two 12-feet wide through travel lanes and one 4- feet wide bicycle lane in each travel direction with 6-feet wide sidewalks. A raised median will divide the roadway. The footprint for Midway Road will need to accommodate in the future two additional lanes in accordance with St. Lucie County's Long Range Transportation Plan. We will construct Stormwater management facilities (ponds) to accommodate the additional roadway drainage. Mr. Mayo's property, as shown on the attached map, is 4.5 acres and outlined in red was designated as one of these pond sites. Two appraisals were done by the County's independent appraisers. East Coast Appraisers & Consultants valued the property at $900,000.00 and Deighan Consultants appraised the property for $980,000.00. Mr. Mayo was presented with the $900,000,00 offer and accepted the contract. We have attached the Contract for Sale and Purchase for your review and approval. RECOMMENDATION: Staff recommends the Board approve the Contract for Sale and Purchase from Mr. John Mayo, authorize the Chair to sign the Contract, direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. Respectfully submitted, CT, Ann Riley Property Acquisition Manager Page 56 of 411 1�r E ___ AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Daniel McIntyre, County Attorney SUBMITTED BY: County Attorney 8.C.2. 2020-50688 CONSENTAGENDA- COUNTY ATTORNEY DATE: 12/1/2020 *ACTION ITEM - BOARD APPROVAL SUBJECT: South Hutchinson Island Municipal Service Taxing Unit (MSTU) - Reimbursement Request from St. Lucie County Erosion District BACKGROUND: On October 8, 2020, the County's Senior Coastal Engineer sent a reimbursement request to the County Finance Director. A copy of the October 8 request with attachments is attached. As indicated, the Board of County Commissioners approved the Fiscal Year 2020-21 budget for the South Hutchinson Island MSTU on September 24, 2020. The St. Lucie County Erosion District advanced a total of $34,263.80 to pay for property appraisals, title searches and preparation of perpetual construction easements that were needed to support the proposed South County Beach Nourishment Project. The taxes generated by the MSTU were meant to fund pre -construction costs for the Beach Nourishment Project. The Erosion District is requesting the Board of County Commissioners to reimburse the District (FUND 184) for the advanced payments. The County's MSTU ordinance provides for reimbursement of advances to fund project costs. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Reimbursement will be made out of account #194-3710-531000-370000. RECOMMENDATION: Staff recommends 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. COMMISSION ACTION: Page 57 of 411 RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: November 18, 2020 Daniel McIntyre, County Attorney Date: November 18, 2020 Jennifer Hill, Office of Management & Budget Director Date: November 20, 2020 Mark Satterlee, Deputy County Administrator Page 58 of 411 %7 COUNTY F L O R *1140 I D A BOARD OF COUNTY COMMISSIONERS MOSQUITO CONTROL — EROSION DISTRICT TO: Shai Francis, COO of Financial Services (Clerk of the Circuit St nty) FROM: Joshua Revord, Sr. Coastal Engineer (SLC Erosion Dist DATE: October 8, 2020 RE: Reimbursement Request — Expensed funds from 184 to 194 (SHI MSTU) On September 24, 2020 the St. Lucie County Board of County Commissioners approve the South Hutchinson Island Municipal Service Taxing Unit (MSTU) with the Fiscal Year 2021 County budget. This MSTU was levied to generate funds needed to support the proposed South County Beach Nourishment Project, a federal beach project. As such, taxes generated by this MSTU were meant to fund pre -construction project related efforts through July 2021. The following efforts were included in a previously provided list to OMB (forming the basis for the proposed millage rate) and were expensed in FY-2020. The Erosion District is asking that fund number 184 be reimbursed from those previously completed efforts, to clearly partition Erosion District funding (184) from funds strictly associated with the proposed federal project under 194 (194-3710-531000-370000). Previous expenditures from fund 184 (FY-2020) are listed below: 1) Property Appraisals (Callaway and Price) P.O. No. P2022403, $8,750.00 (From 184-3710-531000-36209) 2) Perpetual Easement Title Searches (Community Land and Title) P.O. No. P2002254 $12,000.00 (From 184-3710-531000-370000) 3) Perpetual Construction Easements (G.E.C., ongoing effort) P.O. No. P2021977 • Invoice No. 1: $4,313.50 • Invoice No. 2: $5,357.00 • Invoice No. 3: $3,843.00 $13,513.50 (From 184-3710-531000-36209) Moving forward, the Erosion District will ensure that all SHI efforts will utilized fund number 194. Jr Enclosures: Associated P.O's/FY-2020 Invoices cc: Glenn Henderson, Director Mosquito Control & Coastal Management Services Jennifer Garrity, Management Analyst, OMB Luis Dejesus, Office Operations Specialist Page 59 of 411 RESOLUTION 20-223 A RESOLUTION ADOPTING THE FINAL MILLAGE RATES FOR FISCAL YEAR 2020-2021 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determination: On September 10, 2020, after TRIM notices were mailed to all property owners pursuant to Section 200.069, Florida Statutes, the Board of County Commissioners (sitting as the Board of County Commissioners, the Mosquito Control Board, and the Erosion Control Board) held a public hearing to consider adopting the tentative millage rates for fiscal year 2020-2021 and adopted the tentative millage rates. 2. On September 24, 2020, after notice published in the Tribune on September 19, 2020, the Board held a Public Hearing and adopted the Final Millage for fiscal year 2020-2021. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The following are hereby adopted as the final millage rates for fiscal year 2020-2021: Fund Name FY 21 Final Millage Rate General Fund 4.2077 Fine & Forfeiture Fund 3.2324 MUNICIPAL SERVICES TAXING UNITS Unincorporated Services Fund _ 0.4300 j Drainage Maintenance MSTU _ _ 0.3497 I Law Enforcement MSTU 0.9103 %Parks MSTU Fund 0.2313 j SLC Public Transit MSTU -,__ __ 0.1269 j SHI Beach Erosion Control ; 0.2131 MOSQUITO CONTROL DISTRICT j Mosquito Fund 0.1352 EROSION DISTRICT Erosion Control Operating Fund — 0.1763 Aggregate Millage Rate , 8.7687 (excludes interest and sinking fund levies on voter approved indebtedness) Page 60 of 411 B. The proposed aggregate millage rate to be levied of 8.7687 is higher than the roll -back rate of 8.5727 as computed pursuant to Section 200.065(1), Florida Statutes by 2.29%. After motion and second, the vote on this resolution was as follows: Commissioner Cathy Townsend, Chair AYE Commissioner Chris Dzadovsky Vice Chair AYE Commissioner Sean Mitchell AYE Commissioner Linda Bartz AYE Commissioner Frannie Hutchinson AYE PASSED AND DULY ADOPTED THIS 24" DAY OF SEPTEMBER 2020. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: _tTLL� CHAIR APPROVED AS TO FORM AND CORRECTNESS: BY: — 'v ./ COUNT ATTORN Page 61 of 411 WORKSHEET ANALYSIS OF ROLL -BACK MILLAGE RATE FOR FISCAL YEAR 2020-2021 A H C D E F G H FUND 2019-20 2019-20 2020-21 2020-21 2020-21 2020-21 Prior 2020-21 NAME Millage Taxes Rollback Rollback Millage Taxes Year's Gross Rate Taxes Value' Value' COUNTY GENERALFUND 4,3077 95,028,783 4.1335 97,519,223 4.2077 99,269,780 22,060,213,812 23,592,409,18 FINE & FORFEITURE 3.2324 71,307,435 3.1075 73,313,412 3.2324 76,260,103 22,060,213,812 23,592,409,18 SUBTOTAL COUNTY 7.5401 166,336,218 7,2410 170,832,635 7.4401 175,529,883 DEPENDENT DISTRICTS EROSION CONTROL - ZONE E 0.1497 3,302,414 0.1433 3,380,792 0.1763 4,159,342 22,060,213,812 23,592,409,18 MOSQUITO DISTRICT' 0,1806 3,898,954 0.1724 3,989,416 0,1352 3,128,590 21,588,893,633 23,140,461,243 SUBTOTAL DEPENDENT DIST. 0.3303 7,201,368 0.3157 7,370,208 0.3115 7,287,932 I'OTAL COUNTYIDEPENDENT DIST. 7.8704 173,537,586 7.5567 178,202,843 7.7516 182,817,815 MUNICIPAL SERVICE TAXING UNITS (.MSTUs) UNINCORPORATED SERVICES' 0.3840 3,372,712 0,3744 3,399,611 0.4300 3,904,468 8,783,104,653 9,080,158,721 STORMWATER' 0,3497 3,071,452 0.3409 3,095,426 0.3497 3,175,332 8,783,104,653 9,080,158,721 LAW ENFORCEMENT 0.9103 7,995,260 0.8875 8,058,641 0.9103 8,265,668 8,783,104,653 9,080,158,721 PARKS MSTU 4 0.2313 5,107,673 0.2211 5,227,475 0.2313 5,468,634 22,082,461,678 23,643,034,239 TRANSIT MSTU 0.1269 2,799,441 0.1215 2,866,478 0.1269 2,993,877 22,060,213,812 23,592,409,186 SHI BEACH EROSION CONTROL 0.0000 0 0.0000 0 0.2131 248,990 0 1,168,418,920 SUBTOTAL MSTU 2,0022 22,346,538 1.9454 22,647,631 2.2613 24,056,969 TOTAL AGGREGATE MILLAGE 8.8795 195,884,124 8.5727 202,250,646 8.7687 206,874,784 22,060,213,812 23,592,409,186 A GGREGATE MILLAGE INCREASE (DECREASE) -0.1108 PERCENT INCREASE(DECREASE) IN AGGREGATE MILLAGE OVER PREVIOUS YEAR -1.25% INCREASE (DECREASE) OVER ROLL -BACK 0.1960 PERCENT INCREASE(DECREASE) INAGGREGATEMILLAGE OVER ROLL -BACK 2.29% GRAND TOTAL OF TAXES 195,884,124 206,874,784 NOTES: 1. The property values are as certified by the Property Appraiser. 2. There is a small portion of the County that the Mosquito Control Millage does not apply to. 3. The Unincorporated Services MSTU, Stormwater MSTU and Low Enforcement MSTU do not apply to properties within the Cities. 4. The Parks MSTU runs through December 31, 2023. Page 62 of 411 _ St. Lucie County Board of County Commissioners PAGE: 1 J 2300 Virginia Ave. ® Ft. Pierce, FL 34982-5652 Telephone: (772) 462-1700 Fax: (772) 462-1704 PURCHASE ORDER Vendor: 4181 P Callaway &Price Inc O Number: P2022403 1410 Park Ln S STE 1 (PO number must appear on all documents and packages) Jupiter FL 33458 Issue Date: 07/02/20 Delivery Date: 09/30/20 Please send invoices to: Ship these items to: St. Lucie County Mosquito Control Mosquito Control Mosquito Control 2300 Virginia Ave. 3150 Will Fee Road Ft. Pierce, FL 34982-5652 Fort Pierce FL 34982 Description Quantity U/M Unit Price Extended Price Requisition #: R2022541 2020 S. Hutch. Island Coast Storm Risk Mngmt Proj. 1.00 EA 8,750.0000 8,750.0 contract #C20-06-362 Appraisals of Proposed access/parking easement for the properties below: Princess Condo (Access)#4502-610-0187-000-0 Empress Condo (Parking)#4502-2130-0002-000-1 Miramar Condo (Access) #4502-701-0053-000-1 Miramar Condo (Parking)#4502-311-0002-000-2 Turtle Reef Condo (Access & Parking) #4511-801-0001-000-7 B-20-184-3710-531000-36209-MOSQCT For additional information contact: j�) 50.00 Lauri Heistermann 772-462-1698 Federal Empl ers Identification: 59-6000835 HeistermannL@stlucieco.org State SaleWax Exemption: 85-8012622335C-9 Incomplete Complete Indicate items received and send this page to Finance as a payment request. RECEIVING COPY Page 63 of 411 s. Callaway & Price, Inc. Real Estate Appraisers & Consultants Licensed Real Estate Brokers %�' 1410 Park Lane South, Suite 1 Jupiter, FI 33458 (561) 686-0333 Fax (561) 686-3705 Federal Tax ID: 59-1373470 ST. LUCIE COUNTY 2300 VIRGINIA AVENUE FORT PIERCE, FL 34982 PRINCIPAL DATE OF INVOICE STEPHEN G. NEILL, JR. 7/16/2020 JOANN RILEY DATE ORDERED SPECIAL TERMS YOUR ORDER # 6/19/2020 SGN/ADV/CLW Due on receipt Quantity Code Description Unit Price Amount AFFKAINALN Ur rKUYUJnL Hl l DJJ/rtu�ltvv EASEMENTS FOR THE FOLLOWING PROPERTIES: PRINCESS CONDO (ACCESS) 4502-610-0187-000-0 EMPRESS CONDO (PARKING) 4502-213-0002-0001 Mosquito Control & Coastal Management Services JUL 2-2 2020. Received MIRAMAR CONDO (ACCESS) 4502-701-0053-000-1 MIRAMAR CONDO (PARKING) 4502-311-0002-000-2 TURTLE REEF CONDO (ACCESS & PARKING)�- 4511-801-0001-000-7 1, 1 ADVA2 FOR APPRAISAL SERVICES The goods and/or services as,-bUted 8,750.00 hereon have been received in the quantity and quality stated. P.O. G_inc ®ate Corn PAYMENT CANNOT BE CONTINGENT UPON A CLOSING. THANK YOU FOR YOUR BUSINESS!!! PAYMENT DUE RECEIPT OF INVOICE. A LATE FEE OF 1.5% PER MONTH WILL BE ASSESSED AFTER 30 DAYS. PLEASE RETURN ONE COPY OF TI-IE INVOICE WITH PAYMENT OFFICES LOCATED IN: SOUTH FLORIDA, TREASURE COAST, SPACE COAST, AND CENTRAL FLORIDA Subtotal $8,750.00 Retainer $0.00 TOTAL $8,750.00 Page 64 of 411 St. Lucie County Board of County Commissioners PAGE: 1 2300 Virginia Ave. Ft. Pierce, FL 34982-5652 Telephone: (772) 462-1700 Fax: (772) 462-1704 PURCHASE ORDER Vendor: 27223 PO Number: P2022254 Community Land Title &Research Inc 2400 SE Veterans Memorial Pkwy STE 214 (PO number must appear on all documents and packages) Port St Lucie FL 34952 Issue Date: 06/01 /20 Delivery Date: 09/30/20 Please send invoices to: Ship these items to: Mosquito Control St. Lucie County Mosquito Control Mosquito Control 3150 Will Fee Road 2300 Virginia Ave. Ft. Pierce, FL 34982-5652 Fort Pierce FL 34982 Description Quantity U/M Unit Price Extended Price Requisition #: R2022389 48 Property Informational Reports 1.00 EA 12,000.0000 12,000.00 South Hutchinson Island Dune Restoration 2020; Easements Contract ffC18-07-636 WA *17 B-20-184-3710-531000-370000-MOSQCT For additional information contact: TOTAL: $12X0.00 Lauri Heistermann 772-462-1698 Federal Employers Identification: 59-6000835 HeistermannL@stlucieco.org State Sales Tax Exemption: 85-8012622335C-9 This order subject to all terms and conditions set forth on the reverse side VENDOR COPY Page 65 of 411 PROPERTY REPORT INVOICE COMMumw ]LAND TITLE & RESEARCH One of'the Most Experienced Title Research; Companies in Florida Title insurance 1 Settlement Services 1 Title Research 2400 SE Veterans Memorial Parkway, Suite 214 Port St. Lucie, Florida 34952 Phone; (772) 337-33351 Fax: (772) 337-3441 www.COMMUNITYL.ANDTITLE.net Community Land Title Files: 20-31514 thru 20-31561 Invoice Issued: June 29, 2020 w/added File: 20-31606 INVOICE ISSUED TO: ST. LUCIE COUNTY — Property Acquisition Division — 2300 Virginia Avenue Fort Pierce, FL 34982 PROJECT: South Hutchinson Island Dune Restoration 2020 The goods and/or services as billed Mosquito Control a Property Owners: Coastal Managernent services hereon have been received in the Various Owners JUL � 1 �2020 qWE d. Property Addresses: P.O Inc Received S Ocean Drive, Jensen Beach, Flori#e 49 PROPERTY INFORMATION REPORTS Issued in accordance with §627.7843 Amount of Invoice: $ 1 2,000.00 — [due and payable upon receipt] "Experience the Difference" imiy.COMMUNITYLANDTITLE.net Page 66 of 411 St. Lucie County Board of County Commissioners PAGE: 1 _ II J - I 2300 Virginia Ave. Ft. Pierce, FL 34982-5652 Telephone: (772) 462-1700 Fax: (772) 462-1704 PURCHASE ORDER Vendor: 37893 PO Number: P2021977 G.E.C. Inc 8282 Goodwood Blvd (PO number must appear on all documents and packages) Baton Rouge LA 70806 Issue Date: 03/27/20 Delivery Date: 09/30/20 Please send invoices to: Ship these items to: Mosquito Control St. Lucie County Mosquito Control Mosquito Control 3150 Will Fee Road 2300 Virginia Ave. Ft. Pierce, FL 34982-5652 Fort Pierce FL 34982 Description Quantity U/M Unit Price Extended Price Requisition #: R2022081 South County Beach and Dune Restoration Project 1.00 EA 48,329.0000 48,329.00 Perpetual Construction Easements Contract #C15-04-278 WA #19 B-20-184-3710-531000-36209-MOSQCT For additional information contact: TOTAL: $48,329.00 Lauri Heistermann 772-462-1698 Federal Employers Identification: 59-6000835 HeistermannL@stlucieco.org State Sales Tax Exemption: 85-8012622335C-9 This order subject to all terms and conditions set forth on the reverse side VENDOR COPY Page 67 of 411 A V M MAI k, I The following Terms and Conditions are applicable to this order entered into by and between St. Lucie County (referred to as County) and Vendor (referred to as Seller). MODIFICATIONS No modifications of this order shall be binding upon County unless approved in writing by an authorized representative of the St. Lucie County Purchasing Department. EXCUSABLE DELAYS The County may as its option grant additional time for any delay or failure to perform hereunder if the delay will not adversely impact the best interest of the County and is due to causes beyond the control of the Seller DEFAULT In the event of default by the Seller, County may procure the articles or services covered by this order form other sources and hold the Seller responsible for any excess costs occasioned thereby. The following shall be considered a default: (1) Failure to make complete deliveries within the promised time. (2) Unauthorized substitution or delivery of goods deemed by the County to be inferior. (3) Inability to the Seller to fulfill the terms and conditions of this order. 1111ANJUWIT-1 60 The County reserves the right to terminate this order in whole or in part for default (a) if Seller fails to perform in accordance with any of the requirements of this order or (b) if Seller becomes insolvent or suspends any of its operations or if any petition is filed of proceeding commenced by or against Seller under any State or Federal law relating to bankruptcy: arrangement, reorganization, receivership or assignment for the benefit of creditors. Any such termination will be without liability to the County except for completed items delivered and accepted by the County. Seller will be liable for excess costs of re -procurement. St. Lucie County may terminate this Purchase Order without cause at any time upon fifteen (15) calendar days prior written notice to the Vendor. In the event Mw.iination, the County shall compensate the Vendor for all authorized All materials must be shipped F.O.B. Destination. The County will pay no freight or express charges, except by previous agreement. If specific purchase is negotiated on the basis of F.O.B. shipping point, SELLER IS TO PREPAY SHIPPING CHARGES AND ADD TO INVOICE. Delivery must actually be effected within the time stated on Purchase Order, failing which the County reserves the right to cancel this order and purchase elsewhere. In case of default by the Seller, St. Lucie County may procure the articles or service covered by this order from other sources and hold the Seller responsible for any excess expense occasioned thereby. TERMS By accepting this order, the Seller agrees that payment terms shall be Net 45 unless otherwise stated. INVOICING Seller must render original invoice to the St. Lucie County, 2300 Virginia Avenue, Fort Pierce, Florida 34982. TAX St. Lucie County is exempt from Federal and State sales, Use and like taxes. Sellers doing business with the County shall not be exempt from paying sales tax to their suppliers for materials to fulfill contractual obligations with the County, nor shall any Seller be authorized to use the County Tax Exemption Number is securing such materials. RESPONSIBILITY Responsibility will not be accepted for any goods delivered or services performed unless covered by a St. Lucie County Purchase Order and contract (if applicable). CONFLICT WITH CONTRACT In the event that an additional written contract exists between the County and the Seller for the sale and purchase of the item(s) subject to this purchase, the terms of the contract shall control. INTERPRETATION; VENUE All interpretations of this purchase order shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this order, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. PURCHASE ORDER & CONTRACT NUMBE Purchase Order Number & Contract Number (if applicable) must appear on all invoices, packing slips, shipping notices, freight bills, and correspondence concerning this order. DELIVERIES Deliveries are to made during the hours of 8:00 A.M. to 12:00 P.M. and 1:00 P.M. to 5:00 P.M., Monday through Friday excluding holidays, unless otherwise stipulated. Failure to notify the County concerning the type of delivery will result in the billing to Seller of any add -on re -delivery, storage, or handling charges. INSPECTION All Goods delivered on this order are subject to inspection upon receipt by representative of the County. All rejected commodities shall remain the property of the Seller and will be returned at the Seller's expense. QUANTITIES Quantities specified in the order cannot be changed without prior written approval of the County. Goods shipped in excess of quantity designated may be returned at Seller's expense. PAYMENT CHANGES Payments will be made only to the company and address as set forth on order unless the Seller has requested a change thereto on official company letterhead, signed by an authorized officer of the company. ANTI -DISCRIMINATION Sellers doing business with the County are prohibited from discriminating against any employee, applicant, or client because of race, creed, color, national origin, sex, disability or age with regard to but not limited to the following: employment practices, rates of pay or other compensation methods, and training selection. LIABILITY-COPYRIGHT/PATENT/TRADEMARK Seller shall save and hold harmless St. Lucie County, its employees and agents from liability for infringement of any United States patent, trademark or copyright for or on account of the use of any product sold to County or used in the performance of this order. INDEMNIFICATION/ INSURANCE Seller agrees to indemnify, save and hold harmless St. Lucie County, its employees and agents against any and all claims, damages, liability and court awards including costs, expenses and attorney fees incurred as a result of any act or omission by the Seller, or its employees, agents, subcontractors or assignees arising out of the services provided under this Purchase Order. Seller agrees to maintain insurance sufficient to protect the interests of the County. OCCUPATIONAL SAFETY AND HEALTH The Seller agrees to furnish St. Lucie County with a current Material Safety Data Sheet (MSDS) on or before delivery of each and every hazardous chemical or substance purchased which is classified as toxic under Florida Statute 442. Appropriate labels and MSDSs shall be provided for all shipments. Send MSDSs and other pertinent date to: St. Lucie County Purchasing, 2300 Virginia Avenue, Fort Pierce, Florida 34982. PUBLICITY No endorsement by the County of the product and /or services will be used by Seller in any way, manner or form in product literature or advertising. Page 68 of 411 COASTAL TECH ��� 3625 20th Street Vero Beach, FL 32960 (772)562-8580 Tax ID# 59-2469863 Joshua Revord Contract C15-04-278 May 1, 2020 St. Lucie County WA#19 Project No: St. Lucie County PO# P2021977 Invoice No: 2300 Virgina Ave. Ft. Pierce, FL 34982 CT75.1018201.002 57219 Project CT75.1018201.002 St. Lucie County Perpetual Construction Easmenls Professional Services from March 28 2020 to April 24 2020- — — — — — — — — — — — — — — — — — — — — — _ Phase 1A Property Owner Contacts Fee Total Fee 12,382.00 Percent Complete 0.00 Total Earned 0.00 Previous Fee Billing 0.00 Current Fee Billing 0.00 Total Fee 0.00 Total this Phase 0.00 --———————————————————————————————————————————— Phase 1 B Presentation & Handout Fee Total Fee 5,102.00 Percent Complete 62.5441 Total Earned 3,191.00 Previous Fee Billing 0.00 Current Fee Billing 3,191.00 Total Fee 3,191.00 p TMTOTT MAY 0 b 2020 PLEASE REMIT TO: COASTAL TECHNOLOGY CORPORATION, P.O. BOX 84010, BATON ROUGE, LA 70884-4010 *ALL INVOICES ARE DUE UPON RECEIPT* Page 69 of 411 Project CT75.1018201.002 SLC - Construction Easments Invoice 57219 Total this Phase $3,191.00 ----...--.....,.------......__.._._-----........._....._........----_,—..,_.—._...-- Phase 1C GIS Records Fee Total Fee 7,764.00 Percent Complete 14.4578 Total Earned 1,122.50 Previous Fee Billing 0.00 Current Fee Billing 1,122.50 Total Fee 1,122.50 Total this Phase $1,122.50 _----..._.,....— —.......---......._._....---------.........._—...._. Phase 2A Preparation of Easements ------._....... -- Fee Total Fee 17,176.00 Percent Complete 0.00 Total Earned 0.00 Previous Fee Billing 0.00 Current Fee Billing 0.00 Total Fee 0.00 Total this Phase 0.00 ---------------------------------------------- Phase 2B Distribution Fee Total Fee 3,446.00 Percent Complete 0.00 Total Earned 0.00 Previous Fee Billing 0.00 Current Fee Billing 0.00 Total Fee 0.00 Total this Phase 0.00 ---_...---------,_..__....------._....--,._... Phase 2C Second Mailing -------.,......,.._._..._.... — —. Fee Total Fee 2,460.00 PLEASE REMIT TO: COASTAL TECHNOLOGY CORPORATION, P.O. BOX 84010, BATON ROUGE, LA 70884.4010 *ALL INVOICES ARE DUE UPON RECEIPT* Page 2 Page 70 of 411 Project CT75.1018201.002 SLC - Construction Easments Invoice 57219 Percent Complete 0.00 Total Earned 0.00 Previous Fee Billing 0.00 Current Fee Billing 0.00 Total Fee 0.00 Total this Phase 0.00 Total this Invoice $4,313.50 /J Certified Y�x— r— Date: 5/5/2020 Correct By: Charles Fontaine PLEASE REMIT TO: COASTAL TECHNOLOGY CORPORATION, P.O. BOX 84010, BATON ROUGE, LA 70884-4010 *ALL INVOICES ARE DUE UPON RECEIPT* Page 3 Page 71 of 411 v N F d N N j O W 0�J U o W 00 W 0 0 O N o 0 d n G m m 9 N o o c w � m a m � m -A -1 -1 -i -1 -1 m n N F Vai F N F G N F N F la/r F Z O O O W D (l W D 1D co � 2 Elw w oo O O 0 N 0 N 0 N 0 N 0 N o N i C m m n U) � v v oa a m = d m 0 N O � C CL o: . 3 E � m o .c» OW m C rt O V 3 O NW�aa.. W m A J OJl ,Uyi O N W 0-4 o Ol N A N N C .L1 0 0 o 0 0 0 Z D -I -01 e n -1 + N OO m m m D o 0 0 N o Am m •vWi 0 'uNi 0 o o o m O �u o 0 0 0 o m ' o > D O 0 0 0 0 0 o O C W { N W O 3 3 J N W O D N fn N C— Z Z o -j Z Gl 0 0 w o o nNi � o m C 1 N o o w o Z Page 72 of 411 ,'COASTAL TECH uC� 3625 20th Street Vero Beach, FL 32960 (772)562-8580 Tax ID# 59-2469863 Joshua Revord August 11, 2020 St. Lucie County Project No: St. Lucie County Invoice No: 2300 Virgina Ave. Ft. Pierce, FL 34982 CT75.1018201.002 57436 Project CT75.1018201.002 St. Lucie County Perpetual Construction Easments WA 19 (C15-04-278) PO#2021977 Professional Services from June 27 2020 to July 31, 2020 Phase — 1A Property Owner Contacts Fee Total Fee 12,382.00 Percent Complete 27,8307 Total Earned 3,446.00 Previous Fee Billing 0.00 Current Fee Billing 3,446.00 Total Fee 3,446.00 Total this Phase 3,446. ' '-- -————————————————————————————————————————————— Phase 1B Presentation & Handout Fee Total Fee 5,102.00 Percent Complete 100.00 Total Earned 5,102.00 Previous Fee Billing Current Fee Billing Total Fee AUG 1 1 PLEASE REMIT TO: COASTAL TECHNOLOGY CORPORATION, RO. BOX 81010, BATON ROUGE, LA 70884-4010 *ALL INVOICES ARE DUE UPON RECEIPT* 3,191.00 1,911.00 Page 73 of 411 Project CT75.1018201.002 SLC - Construction Easments Invoice 57436 Total this Phase $1,911.00 --————————— Phase 1C —————————————————— GIS Records ——————————— —————- Fee Total Fee 7,764.00 Percent Complete 14.4578 Total Earned 1,122.50 Previous Fee Billing 1,122.50 Current Fee Billing 0.00 Total Fee 0.00 Total this Phase 0.00 --————————— Phase 2A —————————————————— Preparation of Easements ——————————— — — — — —- Fee Total Fee 17,176.00 Percent Complete 0.00 Total Earned 0.00 Previous Fee Billing 0.00 Current Fee Billing 0.00 Total Fee 0.00 Total this Phase 0.00 --—————.———— Phase 2B —————————————————— Distribution ——————————— — — — — —- Fee Total Fee 3,446.00 Percent Complete 0.00 Total Earned 0.00 Previous Fee Billing 0.00 Current Fee Billing 0.00 Total Fee 0.00 Total this Phase 0.00 --————————— Phase 2C ———————————.--————— Second Mailing ---————————— —————- Fee Total Fee 2,460.00 PLEASE REMIT TO: COASTAL TECHNOLOGY CORPORATION, P.O. BOX 84010, BATON ROUGE, LA 70884.4010 *ALL INVOICES ARE DUE UPON RECEIPT* Page 2 Page 74 of 411 Project CT75.1018201.002 SLC - Construction Easments Invoice 57436 Percent Complete 0.00 Total Earned 0.00 Previous Fee Billing 0.00 Current Fee Billing 0.00 Total Fee Total this Phase Total this Invoice Certified -- Correct By: tf Charles Fontaine ..IultoControl & ManageMent Services AUG 112020 ke(;L-.— Date: 8/11/2020 0.00 0.00 $5,357.00 The goods and/or services as billed hereon have been received In the quantity and gqy�a�l stated. � p,0. N 2021�1�nc note S It PLEASE REMIT TO: COASTAL TECHNOLOGY CORPORATION, P.O. BOX 84010, BATON ROUGE, LA 70884-1010 *ALL INVOICES ARE DUE UPON RECEIPT* Page 3 Page 75 of 411 Page 76 of 411 3625 20th Street Vero Beach, FL 32960 (772) 562-8580 Tax ID# 59-2469863 Joshua Revord October 5, 2020 St. Lucie County Project No: CT75.1018201.002 2300 Virgina Ave. Ft. Invoice No: 57572 Pierce, FL 34982 St. Lucie County Perpetual Construction Easments Work Authorization No. 19 Project CT75.1018201.002 Contract No. 15-04-278 PO Number: P2021977 Professional Services from August 29 2020 to September 30, 2020 Phase 1A Property Owner Contacts Fee Total Fee 12,382.00 Percent Complete 27.8307 Total Earned 3,446.00 Previous Fee Billing 3,446.00 Current Fee Billing 0.00 Total Fee 0.00 Total this Phase 0.00 ----------------------------------------------------------------------------------------- Phase 1B Presentation & Handout Fee Total Fee 5,102.00 Percent Complete 100.00 Total Earned 5,102.00 Previous Fee Billing 5,102.00 Current Fee Billing 0.00 Total Fee 0.00 L5 U► T "T[ OCT 0 8 2020 PLEASE REMIT TO: COASTAL TECHNOLOGY CORPORATION, RO, BOX 84010, BATON ROUGE, LA 70884-4010 *ALL INVOICES ARE DUE UPON RECEIPT* Page 77 of 411 Project CT75.1018201.002 SLC - Construction Easments Invoice 57672 Total this Phase 0.00 --------------------------------------------------------------------------------------• Phase 1C GIS Records Fee Total Fee 7,764.00 Percent Complete 14.4578 Total Earned 1,122.50 Previous Fee Billing 1,122.50 Current Fee Billing 0.00 Total Fee 0.00 Total this Phase 0.00 --------------------------------------------------------------------------------------. Phase 2A Preparation of Easements Fee Total Fee 17,176.00 Percent Complete 22.3742 Total Earned 3,843.00 Previous Fee Billing 0.00 Current Fee Billing 3,843.00 Total Fee 3,843.00 Total this Phase $3,843.00 --------------------------------------------------------------------------------------. Phase 2B Distribution Fee Total Fee 3.446.00 Percent Complete 0.00 Total Earned 0.00 Previous Fee Billing 0.00 Current Fee Billing 0.00 Total Fee 0.00 Total this Phase 0.00 --------------------------------------------------------------------------------------- Phase 2C Second Mailing Fee Total Fee 2,460.00 PLEASE REMIT TO: COASTAL TECHNOLOGY CORPORATION, RO. BOX 84010, BATON ROUGE, LA 70884.4010 *ALL INVOICES ARE DUE UPON RECEIPT* Page 2 Page 78 of 411 Proiect CT75.1018201.002 SLC - Construction Easments Invoice 57572 Percent Complete 0.00 Total Earned 0.00 Previous Fee Billing 0.00 Current Fee Billing 0.00 Total Fee r-- Certified Correct By: Charles Fontaine Total this Phase Total this Invoice Date: 10/6/2020 PLEASE REMIT TO: COASTAL TECHNOLOGY CORPORATION, P.O. BOX 84010, BATON ROUGE, LA 70884-1010 `ALL INVOICES ARE DUE UPON RECEIPT` 0.00 0.00 $3,843.0 Page 3 Page 79 of 411 r Luc a- AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: JoAnn Riley, Property Acquisition Manager SUBMITTED BY: Property Acquisition Division 8.C.3. 2020-50689 CONSENT AGENDA - COUNTY ATTORNEY DATE: 12/1/2020 *ACTION ITEM - AGREEMENT SUBJECT: Revocable License Agreement - 236 SE Prima Vista Boulevard - River Park - Unit Five - Samuel and Audrey McGowan - Parcel ID 3419-540-0063-000-3 BACKGROUND: Mr. and Mrs. McGowan are requesting a Revocable License Agreement to install a 6-foot wood fence with gates along the sides of their property within the County's 6-foot Drainage/Utility Easement. Mr. and Mrs. McGowan understand that if the County needs the Drainage/Utility Easement for any reason, they will relocate the fence at their own expense. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends 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. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None Page 80 of 411 AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: November 18, 2020 Daniel McIntyre, County Attorney Date: November 20, 2020 Mark Satterlee, Deputy County Administrator Page 81 of 411 Saint Lucie County Property Appraiser October 28, 2020 1:1,128 0 45 90 180 ft 0 12.5 25 50 m Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), Page 82 of 411 This instrument prepared by: Vildd Mitchell underthe direction of Daniels. McIntyre, County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this _ day of , 2020, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, ("County") and Samuel McGowan Sr. & Audrey C. McGowan whose address is , 236 SE Prima Vista Boulevard, Port Saint Lucie, FL 34983 (the "Owners"). WHEREAS, the Owners owns the property described as follows: River Park -Unit 5, Block 45, Lot 9 - 236 SE Prima Vista Boulevard Parcel ID: 3419-540-0063-000-3 WHEREAS, the Owner has requested a Revocable License Agreement to install a 6-foot wood fence with gates along the sides of their property within the County's 6-foot Drainage/Utility Easement that will extend into the 10-foot Utility/Drainage Easement along the rear of the property as shown on Exhibit A. WHEREAS, the County is willing to permit the Owner to encroach in the County's easements for the purpose of installing a fence subject to the terms and conditions set forth in this Revocable License Agreement. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. The County agrees to grant the Owners a Revocable License Agreement for the fence which will encroach within the County's Drainage/Utility Easements. This Revocable License shall extend only to the referenced fence and shall not extend to the construction and/or installation of any additional structures or utilities. 2. The sole purpose of this Revocable License Agreement is to grant the Owners permission to install and maintain the fence in the County's easements. The owners agree that if the County Engineer determine the fence is causing flooding, drainage problems or for other 1 Page 83 of 411 needs in the area and the fence needs to be removed or relocated, the owners will do so at the Owner's sole expense. 3. Pursuant to the terms and conditions contained in this Agreement, the County authorizes the Owners to install the fence in the County's easements. The applicant shall obtain a St. Lucie County Building permit prior to the commencement of construction activities within the County Drainage/Utility Easements. 4. The Owner shall maintain the easements along the fence in accordance with Standard Specifications for Public Works Construction in St. Lucie County, Florida. The fence shall not interfere with County use of the easements and any damage to the County easements shall be repaired by Owners. 5. This Revocable License Agreement shall be binding on future successors and assignees of the Owners, provided that the Owners gives adequate notice to the County pursuant to Paragraph Twelve (12) of this Agreement. The applicant shall obtain a St. Lucie County Building permit prior to the commencement of construction activities within the County Drainage/Utility Easements. 6. The County shall have the right, at the sole discretion of the County Engineer, to terminate this Agreement with or without cause and require removal of the encroachment at the Owner's sole expense upon ninety (90) days written notice to the Owner. The County Engineer in lieu of termination, request that the Owners perform certain alterations to the fence or the location of the fence, at the Owner's sole expense. However, if such alteration is not performed to the satisfaction of the County Engineer the County shall be entitled to exercise its right to terminate this Agreement. 7. Upon the abandonment of the fence, the expiration of this Revocable License Agreement, or the revocation of this Revocable License Agreement, whichever occurs first, the Owners shall be responsible for the removal of the fence and repair of the easements, if necessary. 8. The term of this Revocable License Agreement shall begin on the date first above written and shall remain in effect unless otherwise revoked or abandoned as provided herein. 9. Owner agrees to relocate the referenced fence, at any time and at no cost to the County, if necessary, for the maintenance or improvements of the easements by the County or 2 Page 84 of 411 Utilities Dept. The County does not accept any responsibility for damages to the fence to be able to access the easements. 10. The fence shall be installed in accordance with all applicable building codes and permitting regulations of the County and shall be maintained solely at the expense of the Owners. Any maintenance or relocation activity will be subject to the written approval of the County Engineer. 11. The Owners agree to allow County employees access to the location of the fence for County purposes as determined by the County Engineer. 12. All notices, request and other communications dealing directly or indirectly with this License shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, address to: As to County: County Engineer Engineering Division 2300 Virginia Avenue, 2nd Floor Fort Pierce, FL 34982 As to Owner: Samuel McGowan Sr. & Audrey C. McGowan 236 SE Prima Vista Boulevard Port St. Lucie, FL 34983 With Copies to: County Attorney 2300 Virginia Avenue, 3rd Floor Fort Pierce, FL 34982 or to such other address as any party may designate by notice complying with the terms of this section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 13. As consideration for the County granting this Revocable License Agreement the Owners agree to indemnify and hold the County harmless from and against all claims, liability, demands, damages, expenses, fees, fines penalties, suits, proceedings, actions and costs of 3 Page 85 of 411 actions, including reasonable attorneys fees of any kind or nature arising or in any way connected with the use, occupation, management, or control of the above property by County or its' agents, servants, employees, patrons, or invitees, or resulting in injury to persons or property, or loss of life or property of any kind or nature whatsoever, sustained during Licensee's use of the property. 14. The Owners shall promptly pay to record this Revocable License Agreement in the Official Records of St. Lucie County, Florida. The Owner shall pay any document excise taxes and the cost of recording this Revocable License Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first written. ATTEST: DEPUTY CLERK 4 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS BY: CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Page 86 of 411 �f 5 h /ill-�Ld�C� PRINT NAME w s� PRINT NAME STATE OF FLORIDA COUNTY OF ST. LUCIE Samuel McGowan Sr. Audrey C. McGowan The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ] online notarization, this / & A) (date)by e f C k)tQname jP of erson acknowledging),h I C � �'d) who is personally known to m or who as produced 06 (type of identification) as identification. [Notary Seal] AUDREY B. HUMPHREY _ MY COMMISSION # GG 300817 9 cry �e�r EXPIRES: March 6, 2023 Bonded 7hru Notary Public Underwriters 5 ldtua'--� ", I "Piup- Notary Sign ure d2 , Pit PCB Name Printed Page 87 of 411 EXHIBIT D -AP, �-- 10 1 1 r,012 LW FIELD DATE:t 15 D9 BOUNDARY` SURVEY Certitled to: spry* LoPrirui sunbus �ort il� � 236 PRIVA VISTA BOULEVARD w& Ca of Rim V& 9dl o m—,m l /� ' /� a/�n{ n "(� {III � C �WI� �{;S � 1 -� b!t'llfr 1Mt ur rWw� Mrr� h trrr ova arrrd ari is Mara m wl �arM = b6ft lr t4 Ilew Ws OAiE:1/15/09 of to Tr""re Coast T's m.•r �atr tM WrMr. isdNtc�M ileMrrM o1 Chmiu GM7 FlariN oerinisl�rtiN eaae. =W— JC 42s SW_ Caaden Ave. Rpm Stuart. FL. 34994 r 2009--M1 (tn) 3911-4290 ,eau DATE: RET,s1-0 5 ! vssFos AM TM Jams A Ces6pTKIIN IMP - � _ NOT VAuO vwmouTAN AVil*mwRTm gF IAilJttf kb7ED�-6C7�GIdCSEJIC - - Page 88 of 411 1�r E --- AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Roy Hudson, Criminal Justice Director SUBMITTED BY: County Attorney 8.C.4. 2020-50615 CONSENTAGENDA- COUNTY ATTORNEY DATE: 12/1/2020 *ACTION ITEM - AGREEMENT SUBJECT: Hosted Application Service and License Agreement between the Substance Awareness Center of Indian River County and St. Lucie County BACKGROUND: The Substance Awareness Center of Indian River County is the sole provider of Drug Lab services for the courts in Indian River County. As such they are already tied into the Drug Court Data Base which is part of the Judicial Data System for the 19th Judicial Circuit (JDS19). The Substance Abuse Awareness Center of Indian River County would like to continue to have access to their current capabilities in our JDS19 system. This three year agreement with payment due on an annual basis will allow the Substance Abuse Awareness Center continued use of our JDS19 system. The cost for these services has increased from an annual rate of $5,000 to $5,500. PREVIOUS ACTION: On November 21, 2017 the Board approved a Host Application Service and License Agreement between the Substance Awareness Center of Indian River County and St. Lucie County (C17-11-772). FINANCIAL IMPACT: The Substance Awareness Center of Indian River County will pay St. Lucie County Five Thousand and Five Hundred Dollars ($5,500) annually for the use of St. Lucie County's Criminal Justice Division's JDS19 program for their Drug Lab operation. These funds will be deposited in account string 001-2360-369917-230000. RECOMMENDATION: Staff recommends 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 Page 89 of 411 December 1, 2020 and shall continue until November 30, 2023. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Roy Hudson, Criminal Justice Director Jennifer Hill, Office of Management & Budget Director Daniel McIntyre, County Attorney Howard Tipton, County Administrator Date: November 09, 2020 Date: November 12, 2020 Date: November 16, 2020 Date: November 16, 2020 Page 90 of 411 ST. LUCIE COUNTY HOSTED APPLICATION SERVICE and LICENSE AGREEMENT CONTRACT THIS HOSTED APPLICATION SERVICE and LICENSE AGREEMENT made and entered into this _ day of _ 2020, by and between ST. LUCIE COUNTY hereafter referred to as "LICENSOR", and SUBSTANCE AWARENESS CENTER OF INDIAN RIVER COUNTY, hereinafter referred to as "LICENSEE". W ITN ESSETH: WHEREAS, Licensor wishes to grant to Licensee a non-exclusive and non -transferable license and a hosted application service and Agreement, hereinafter referred to as "Agreement" to use Judicial DATA SYSTEM FOR 19TH JUDICIAL CIRCUIT, hereinafter referred to as JDS19. NOW, THEREFORE, in consideration of the covenants, representations and warranties set forth herein and other good valuable consideration, the receipt and sufficiency of which the parties hereby acknowledge, the parties, by their authorized signatures below, hereby agree as follows: I. SCOPE This Agreement applies to version (1.0) of JD519 and updates as defined below. 11. DEFINITIONS The term "Software Enhancement" shall mean additional software functionality or software modules which are optional and which may be purchased by Licensee at an additional fee to be set by Licensor. III. ACCESS Licensor agrees to provide access to JDS19 to Licensee and such access shall be deemed to have occurred when connection is made by Licensee by electronic connection via the Internet. Licensee shall be responsible for establishing and maintaining an Internet connection. Licensor shall not be responsible for connection failures, degraded service speed or outages as they relate to Licensee's Internet Service Provider or internet connection. IV. PROJECT DELIVERABLES 1. Licensor will provide the use of the following equipment, software and services: Coordinate the initial setup process to configure JDS19 to meet Licensee's individual requirements in the areas of THE DRUG LAB OPERATION. The specific hosting services and deliverables to be provided by the Licensor are itemized as follows: Page 91 of 411 PROJECT DELIVERABLES Deliverables Notes Create Image of SLC Drug Lab system. Create IR Lab - Align agency codes with IR Wintox system. System within the JDS19 cloud from that image. - DC Payment Policies Populate lab system from WINTOX Create database instance for IR and customize data Level Analysis tables / batch operations Financial Reports Chart of Accounts; Cash Flow & Daily Intake Inventory Control Reagent reorder control; Requires access to all test results from Wintox. Q); Usage Analysis; Correlate to financial system. Invoicing Statistical Reports No Show Procedures Staff Training Accounts Receivable /Billing/ Prepay Invoicing Performance Analysis; Operational Profile — examine current reporting requirements Sync w/hotline calendar Payment Processing 2. Provide Hardware platform, operating system, system application and database maintenance. 3. Perform maintenance and operations control on JDS19. 4. Store data and conduct daily backups of database. 5. Provide security of JDS19 and data. 6. Provide training intended for Licensee's system administration -level users. 7. Provide desk help support to Licensee's Representative or designee. 2 Page 92 of 411 V. GRANT OF LICENSE Licensor grants, and Licensee accepts, a non-exclusive, non -transferable license ("the License") to JDS19 in accordance with the provisions of this Agreement. Licensee shall provide adequate security and use and provide access to JDS19 only as permitted by this Agreement. JDS19 (including but not limited to the source code and all intellectual property that is created, modified, or reduced to a tangible medium of expression during any services provided or any activities conducted by Licensor pursuant to this Agreement) shall at all times remain the property of Licensor. VI. SOLE USE; NO ASSIGNMENT OR TRANSFER Licensee recognizes that JDS19 is only for Licensor's use and may not be assigned or transferred to any other person or entity. VII. DATA OWNERSHIP Licensee is the sole owner of its data and as such will be provided with access to all databases as requested. Licensor recognizes that such data may contain material exempt from disclosure under State of Florida public records laws and will turn over to Licensee for response any request from a third party for access to or copies of the data. Vill. TERM The term of this Agreement shall commence on December 1, 2020 and shall continue for three (3) years thereafter, or until such earlier date on which this Agreement is terminated as provided herein. Provided the Licensee is not in default under the terms of this Agreement, the Agreement may be renewed upon consent of both parties. The terms and conditions during any renewal periods shall be modified through the execution of a written Amendment to this Agreement, signed by the duly authorized representatives of both parties. IX. ANNUAL LICENSE FEES The initial annual fee of Five Thousand Five Hundred Dollars and 0/100 ($5,500.00), for this Agreement shall be due upon December 1 of each year thereafter during the term of the Agreement and any renewals. X. TERMINATION A. If the Licensee is in material breach or default, including non-payment of any Fees, which is not cured within fifteen (15) days after receipt of the written notice of breach or default, then Licensor may terminate this Agreement. B. If the Licensor is in material breach or default, including failure to perform which is not cured within fifteen (15) days after receipt of written notice of breach or default, then Licensee may terminate this Agreement. 3 Page 93 of 411 C. Either party may also terminate this Agreement for convenience without cause upon ninety (90) days prior written notice to the other party. D. If the Agreement is terminated then Licensee will be refunded the annual fee on a prorated basis based on the date of termination to the end of the annual term. XI. LIMITED WARRANTY Licensor certifies that it has a proprietary right and authority to license JDS19 and that JDS19 is the product of Licensor. XII. LIMITATION OF LIABILITIES A. Licensor shall have no liability for any loss or liabilities resulting from any application of JDS19 or results, of such application by Licensee or any other party. Licensor's sole obligation and liability, if JDS19 is defective or fails to conform to specifications, shall be to correct software -coding errors in original code. In any event, Licensor's liability for any losses or damages which arise out of or in connection with JDS19 services provided under this Agreement, whether the claim is in contract or otherwise, shall not exceed the annual amount paid by Licensee pursuant to this Agreement. Under no circumstances shall Licensor be liable for special, incidental or consequential damages, including, but not limited to, loss of anticipated income or loss resulting in from business disruption, even if Licensor has been advised of the possibility of such damages. XII1. APPLICABLE LAW AND VENUE A. This Agreement shall be governed as to all matters of validity, interpretation, obligations, performance, or otherwise, exclusively by the laws of the State of Florida, and all questions arising with respect thereto shall be determined in accordance with such laws. Regardless of where actually delivered and accepted, this Agreement shall be deemed to have been delivered and accepted by the parties in the State of Florida. B. Any and all suits or any claims for any and every breach or dispute arising out of this Agreement shall be maintained in the appropriate court of competent jurisdiction in St. Lucie County, Florida. XIV. LICENSOR'S ADMINISTRATIVE AGENT LICENSEE'S REPRESENTATIVE A. The Licensor's Administrative Agent is designated to act on behalf of the Licensor and to administer the terms and conditions of this Agreement. If necessary, a specific Administrator may be authorized to perform the duties and responsibilities of the Administrative Agent. Licensor's Administrative Agent and Licensee's Representative are named below, and may be changed at any time by providing written notice to the other party. 4 Page 94 of 411 Licensee's Representative: Name: Carrie Maynard Lester Title: Program Director Address: 1507 20TH ST Vero Beach, FL 32960 Telephone: (772) 770-4811 Facsimile: (772) 770-4822 E-mail: CMAYNARD j�SACIRC.ORG XV. NOTICES Licensor's Administrative Agent: Name: Roy P. Hudson Title: Criminal Justice Director Address: 2300 Virginia Ave. Fort Pierce, FL 34982 Telephone: (772) 462-1418 Facsimile: (772) 462-1440 E-mail: HUDSONR;_:,STLUCIECO.ORG A. Except as otherwise provided herein, all notices required or permitted under this Agreement shall be made in writing and served by email and regular mail to the representative and agent set out above. A copy of the notice shall be provided separately to the St. Lucie County Attorney at the same address as Licensor's Administrative Agent. Either party may change its address by giving written notice of such change. XVI. PUBLIC RECORDS SUBSTANCE AWARENESS CENTER OF INDIAN RIVER COUNTY shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by SUBSTANCE AWARENESS CENTER OF INDIAN RIVER COUNTY in conjunction with this Agreement. Specifically, SUBSTANCE AWARENESS CENTER OF INDIAN RIVER COUNTY shall: A. Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. B Provide the public with access to public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed the cost provided in state law or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. D. Meet all requirements for retaining public records and transfer, at no cost, to the County all public records in possession of SUBSTANCE AWARENESS CENTER OF INDIAN RIVER COUNTY upon termination of the Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology system of the County. 6• Page 95 of 411 IF SUBSTANCE AWARENESS CENTER OF INDIAN RIVER COUNTY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO SUBSTANCE AWARENESS CENTER OF INDIAN RIVER COUNTY'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (772)462-1441, Bella mySgstludeco.org, COUNTY ATTORNEY'S OFFICE 2300 VIRGINIA AVENUE, FORT PIERCE, FL 34982 XVII. MISCELLANEOUS A. This Agreement constitutes the entire agreement between the parties with respect to JDS19 and the matters discussed herein and no prior contracts, representation, condition understanding, or agreement of any kind, oral or written shall be binding upon the parties unless incorporated into this Agreement in writing. B. Force Majeure. Neither party shall be in default by reason of any failure in the performance of this Agreement if such failure arises out of causes beyond its reasonable control. Such causes may include, but are not limited to, acts of God acts of the public enemy, acts of government in either its sovereign or contractual capacity, acts of the party whose performance is not sought to be excused, fires, flood, weather, epidemics, quarantine restrictions, supply, mechanical difficulties with equipment which could not have been reasonably forecasted or provided for, or other causes beyond its sole control. The party so affected will resume performance as soon as practicable afterthe force majeure event terminates. C. Assignment. Licensee many not assign this Agreement without the prior written consent of Licensor. Licensor may assign this Agreement to another entity or agency in the event ownership of JDS19 is transferred, or in the event Licensor in its sole discretion deems such an assignment necessary in connection with the performance of its obligations hereunder. D. Modifications to the Agreement. Except as provided herein, the terms of this Agreement may only be amended or modified through the execution of the Amendment by the duly authorized representatives of each party. E. Severability. If any provision of this Agreement is deemed invalid or unenforceable, the remaining provisions shall not be affected thereby. The terms and conditions of this Agreement shall prevail over any printed provision of any purchase order form used by Licensee to order JDS19. 0 Page 96 of 411 IN WITNESS WHEREOF, the parties have executed the Agreement as of the date last below written. WITNESSES: Wmwvalm. LICENSEE: Substance Awareness Center of Indian River County Print Name: aly ^ Signed By: Title: 1CP J Date: LICENSOR: BOARD OF COUNTY COMMISSIONERS ATTEST: OF ST. LUCIE COUNTY, FLORIDA BY: BY: DEPUTY CLERK CHAIR DATE: APPROVED AS TO FORM AND CORRECTNESS: BY7 COUNTY ATTORNEY 7 Page 97 of 411 8.C.5. RES-2020-257 CONSENT AGENDA - COUNTY ATTORNEY Q AGENDA REQUEST DATE: 12/1/2020 Q *RESOLUTION ITEM - p e ® DONATION OF RIGHT-OF- WAY QUASI-JUDICIAL ITEM? NO TO: Board of County Commissioners PRESENTED BY: JoAnn Riley, Property Acquisition Manager SUBMITTED BY: Property Acquisition Division SUBJECT: Resolution - Right -of -Way donation on Sunrise Boulevard - Dana and Sandra Carlile - Parcel ID 2433-801-0068-000-9 BACKGROUND: On May 28, 2020, Planning and Development Services Director approved PDS Order 2020-036 granting a Lot Split approval for Dana and Sandra Carlile. A condition of approval required Mr. & Mrs. Carlile to donate 10' of right-of-way along the entire frontage of the parent parcel along Sunrise Boulevard. Attached for your review and acceptance you will find the proposed General Warranty Deed. PREVIOUS ACTION: May 28, 2020 - Planning and Development Services Director approved PDS Order 2020-036 granting a Lot Split approval. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends 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. COMMISSION ACTION: RESULT: Page 98 of 411 MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None JoAnn Riley, Property Acquisition Manager Daniel McIntyre, County Attorney Mark Satterlee, Deputy County Administrator Coordination/Signatures Date: November 18, 2020 Date: November 18, 2020 Date: November 20, 2020 Page 99 of 411 Saint Lucie County Property Appraiser W", F '. 'w.l �y .� S r•yy� 11 7` Y. i 'F"�f:�•�' t,r���J+,i�i��.�f� ,� } ird rA +� Alp PLATTS LN , . ° J , - ►.a.. x , •wt -ROYAL PALM BLVD �`- ► t� = f pit, November 6, 2020 1:1,128 0 45 90 180 ft 0 12.5 25 50 m Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), Page 100 of 411 Prepared by: Charlotte Walters St. Lucie Title Services, Inc. 800 Virginia Avenue, Suite 47 Ft. Pierce, Florida 34982 File Number: 20425 General Warranty Deed Made this November , 2020 A.D. By Dana Carlile and Sandra J. Carlile, husband and wife, hereinafter called the grantor, to St. Lucie County, a political subdivision of the State of Florida, whose post office address is: 2300 Virginia Avenue, Fort Pierce, Florida 34982, hereinafter called the grantee: (Whenever used herein the term "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) Witnesseth, that the grantor, for and in consideration of the sum of Ten Dollars, ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys an o the grantee, all that certain land situate in St. Lucie County, Florida, viz: ONE 10.00 FEET WIDE RIGHT OF WAY DEDICATION SITUATED IN PART OFT TROPICS ISE , RECORDED IN PLAT BOOK 6, PAGE 21, OF THE PUBLIC RECORDS OF ST. LUC COUNTY, FLO A. SAID DEDICATION BEING THE WEST 10 FEET OF LOTS I THROUGH 5, BLOCK 5 TROPIC VISED, RECORDED IN PLAT BOOK 6, PAGE 21, OF THE PUBLIC RECORDS OF LUC CO Y, FORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 1, BLOCK 5 THE TROPICS REVISED, ALSO BEING THE POINT OF BEGINNING; THENCE NORTH 00 DEGREES 2610" WE DISTANCE OF 149,25 FEET; THENCE NORTH 03 DEGREES 29' 58" WEST, A DISTANCE OF 118.0I CE NORTH 89 DEGREES 46' 27" WEST, A DISTANCE OF 10.00 FEET; THENCE SOUTH 03 DEGRE S , A DISTANCE OF 117.78 FEEET; THENCE SOUTH 00 DEGREES 26'10" EAST, A DISTANCE3 T; THENCE NORTH 89 DEGREES 39'36" WEST, A DISTANCE OF 10.00 FEET, TO THE POINT OF BEG. Parcel ID Number: 2433-801-0068-000/9 Together with all the tenements, her ents and a urten ces thereto belonging or in anywise appertaining. To Have and to Hold, the sam* in fe4 simple forever. And the grantor hereby covenants 'th s id grantee th the grantor is lawfully seized of said land in fee simple; that the grantor has good right and la to sell and' on ey said I , that the grantor hereby fully warrants the title to said land and will defend the same against the 1 fuI clai of all per o whom ver; and that said land is free of all encumbrances except taxes accruing subsequent to December 31, In Witness Whe of, the said grant has signed and sealed these presents the day and year first above written. Signed, sealed and deliver in our.presence: Witness Printed Name Witness Printed Name State of Florida County of St. Lucie The foregoing instrument was acknowledged before me by November, 2020, by Dana Carlile and Sandra J. Carlile, I as identification., DEED Lndividual Warranty Deed - Legal on Face Dana Carlile Address Sandra J. Address: of [X] physical presence or [ ] online notarization, this day of and wife, who is/are personally known to me or who has produced Notary Public Print Name: My Commission Expires: Page 101 of 411 Florida, that: RESOLUTION NO. 2020-257 A RESOLUTION ACCEPTING RIGHT-OF-WAY ALONG SUNRISE BOULEVARD ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, The foregoing General Warranty Deed from Dana and Sandra Carlile is duly accepted on behalf of St. Lucie County this 1st day of December 2020. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA w Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney Page 102 of 411 PDS ORDER 2020-036 File No.: LS 1202026662 AN ORDER APPROVING A LOT SPLIT FOR THE PROPERTY CONSISTING OF 2.71-ACRES LOCATED ON THE EAST SIDE OF SUNRISE BOULEVARD, OWNED BY DANA AND SANDRA CARLILE WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the application for a Lot Split submitted by Dana and Sandra Carlile, evaluated the comments of the Development Review Committee, and made the following determinations: 1 The Lot Split application has been approved for the property consisting of 2.71 acres, which holds an of RS-3 (Residential, Single -Family — 3) zoning designation, located on the east side of Sunrise Boulevard, and legally described together and adjusted as follows: LEGAL DESCRIPTION (SUBJECT PROPERTY) LOTS 1 THROUGH 18, BLOCK 5 OF THE PLAT OF THE TROPICS REVISED, AS RECORDED IN PLAT BOOK 6, PAGE 21 OF THE PUBLIC RECORDS OF SAINT LUCIE COUNTY, FLORIDA. TOGETHER WITH THE VACATED RIGHT OF WAY FOR POINSETTA AVENUE, ADJACENT ON THE WEST, BEING 25 FEET IN WIDTH. LESS THE NORTH 17.5 FEET THEREFROM. SAID LAND CONTAINS 2.71 ACRES, MORE OR LESS. DIVIDED AS FOLLOWS: "PARCEL A" LEGAL DESCRIPTION LOTS 7 THROUGH 9, AND 11 THROUGH 18, BLOCK 5 OF THE PLAT OF THE TROPICS REVISED, AS RECORDED IN PLAT BOOK 6, PAGE 21 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. TOGETHER WITH THE VACATED RIGHT OF WAY FOR POINSETTA AVENUE, ADJACENT ON THE WEST, BEING 25 FEET IN WIDTH. LESS THE NORTH 17.5 FEET THEREFROM. SAID LAND CONTAINS 1.729 ACRES, MORE OR LESS. "PARCEL B"LEGAL DESCRIPTION LOTS 1 THROUGH 6, AND LOT 10, BLOCK 5 OF THE PLAT OF THE TROPICS REVISED, AS RECORDED IN PLAT BOOK 6, PAGE 21 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. LESS THE WEST 10 FEET FOR COUNTY RIGHT OF WAY DEDICATION. SAID LAND CONTAINS 0.98 ACRES, MORE OR LESS. Page 1 PDS No. 2020-036 File No.: LS-1202025662 0 MZ(A A�#zM ZS;�2 G)km�mH 3 --00=1 2 �m�'rn- N NO m x N W 0 N ,J -4 N Li m Li S� 0 0 0 C o z 4 Page 103 of 411 2. The Development Review Committee has reviewed the Lot Split application for the subject parcel and found it to meet the technical requirements of the St. Lucie County Land Development Code and has satisfied the standards of review set forth in Section 11.03.04(D) of the St. Lucie County Land Development Code. 3. Planning Staff has provided an analysis of the parcel's eligibility for a one-time lot split pursuant to Section 11.03.04 of the St. Lucie County Land Development Code. That analysis can be found in the memorandum dated May 19, 2020, entitled Carlile, Dana i and Sandra Lot Split — LS 1202025662. I NOW, THEREFORE, BE IT ORDERED by the Planning and Development Services Director of St. Lucie County, Florida: A. Pursuant to Section 11.03.04 of the St. Lucie County Land Development Code, the Lot Split for Dana and Sandra Carlile is hereby approved by the Planning and Development Services Director as shown on the boundary survey prepared by Arnold Surveying, Inc., updated through April 24, 2020, and date stamped by the Planning and Development Services Department on May 19, 2020, subject to the following conditions: 1. Within 90 days of the recorded order of approval, the applicants, property owners, developer, their successors or assigns, shall convey to St. Lucie County, in a manner or form acceptable to the County Attorney, 10-feet of right-of-way along the entire frontage of Parcel "B" along Sunrise Boulevard. 2. No further division of the property is permitted unless a final record plat is submitted in accordance with Section 11.03.04 of the Land Development Code. 3. Within 30 days of Lot Split approval, the applicant and/or property owners shall record two (2) warranty deeds in the St. Lucie County Public Records, reflecting the legal descriptions in accordance with the revised survey submitted by Arnold Surveying, Inc., referenced hereinabove. B. St. Lucie County is not responsible for the maintenance, upkeep, or improvement of any private drives, roads, streets, easements, or rights -of -way providing ingress and egress' or drainage service to the subject property. C. A copy of this Order shall be attached to the boundary survey described in Part A, and shall be placed on file in the Planning and Development Services Department. D. This Order shall be recorded in the Public Records of St. Lucie County. ORDER effective the day of , 2020. PLANNING AND DEVELOPMENT SERVICES ST. I UCIE(�OU , FLORIDA 3'1 Page 2 ie Olson,JAICP, Director PDS No. 2020-036 File No.: LS-1202025662 Page 104 of 411 APPROVED AS TO FORM AN Page 3 PDS No. 2020-036 File No.: LS-1202025662 Page 105 of 411 J r � Z999ZOZOZ L-SI :'ON al!d 9£0-OZOZ 'ON Sad vA.NM.f.YM4�6c�Atieniva. �'_ » .11.1�C.-'Ma.W"'- •- � � �� • � 15 '� -9W Sauanans owwav ;-, !'E jLqhjIi is r — — — — — — — — I (AetunS tiepuno8) V 1191HX3 b a6ed Page 106 of 411 8.C.6. RES-2020-258 CONSENT AGENDA - COUNTY ATTORNEY Q AGENDA REQUEST DATE: 12/1/2020 Q *RESOLUTION ITEM - p e ® DONATION OF RIGHT-OF- WAY QUASI-JUDICIAL ITEM? NO TO: Board of County Commissioners PRESENTED BY: JoAnn Riley, Property Acquisition Manager SUBMITTED BY: Property Acquisition Division SUBJECT: Resolution - Right -of -Way donation on Enders Road and Citrus Avenue - Steve and Camille Polk - Parcel ID 3404-501-0513-000-6 BACKGROUND: On August 21, 2020, Planning and Development Services Director approved PDS Order 2020-055 granting a Lot Split approval for Steve and Camille Polk. A condition of approval required Mr. and Mrs. Polk to donate 5' of right-of-way along the entire frontage of the parent parcel along Enders Road and 5' along a portion of Citrus Avenue. Attached for your review and acceptance you will find the proposed Warranty Deed. PREVIOUS ACTION: August 21, 2020 - Planning and Development Services Director approved PDS Order 2020-055 granting a Lot Split approval. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends 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. COMMISSION ACTION: Page 107 of 411 RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: November 18, 2020 JoAnn Riley, Property Acquisition Manager i Date: November 18, 2020 Daniel McIntyre, County Attorney Date: November 20, 2020 Mark Satterlee, Deputy County Administrator Page 108 of 411 LO T UY 'i ou, 150 �`4f rl� -200 -100 20 300 35 t .►,t,: ti''6g� 0 21 0 24 , 25 6 27 28 29 22 . ,�' �` •. 31 33 � o 34 36 23•,� 65 35 `� tip° ', • ,, 50 651 • i `� "• CD �i • Y • • ..iv . 1 •L A 50 loo O coCD �! - j', 00 .. u . CM 150 72 ho *:96k L 41 Florida, that: RESOLUTION NO. 2020-258 A RESOLUTION ACCEPTING RIGHT-OF-WAY ALONG ENDERS ROAD AND CITRUS AVENUE ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, The foregoing Warranty Deed from Steve and Camille Polk is duly accepted on behalf of St. Lucie County this 1st day of December 2020. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA w Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney Page 110 of 411 PDS ORDER 2020-055 File No.: LS — 5202025745 AN ORDER APPROVING A LOT SPLIT FOR A 2.14 ACRE PROPERTY, OWNED BY STEVE & CAMILLE POLK, ON THE SOUTHEAST CORNER OF CITRUS AVENUE AND ENDERS ROAD, FORT PIERCE, FLORIDA WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the application for a Lot Split submitted by Know It Now, Inc., on behalf of Steve & Camille Polk, evaluated the comments of the Development Review Committee, and made the following determinations: The Lot Split application, known as Polk, Steve & Camille, has been approved for the property totaling 2.14 acres, which has an RS-3 (Residential, Single -Family - 3) zoning designation, and legally described together and adjusted as follows: LEGAL DESCRIPTION - OVERALL PROPERTY PARCEL1: THE SOUTH 100 FEET OF THE WEST 770 FEET OF OUTLOT 5, TOWN OF WHITE CITY, FLORIDA, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE(S) 21, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, LESS AND EXCEPT THE EAST 115 FEET THEROF. PARCEL 2: LOTS 20, 21, 22, 23, 24, 25, 26 AND 27, KERR ADDITION TO WHITE CITY, FLORIDA, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE 60, n A rn z 0 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. ° oo r v SAID LAND CONTAINS 2.14 ACRES, MORE OR LESS. v�J Z m Co to m DIVIDED AS FOLLOWS: G? ID w o no 4 LEGAL DESCRIPTION PARCEL PORTION TO BE SPLIT �c= ( ) a- rn m LOTS 26, 27, AND THE EAST 7.5 FEET OF LOT 25, KERR ADDITION TO WHITE CITY, o FLORIDA, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, o PAGE(S) 60, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. LESS AND cLn = EXCEPT THE NORTH 5 FOR RIGHT OF WAY DEDICATION. v Lh `° Q SAID LAND CONTAINS 0.23 ACRES, MORE OR LESS. c LEGAL DESCRIPTION PARCEL (REMAINDER AFTER SPLIT) m =� zo PARCEL 1: c ° THE SOUTH 100 FEET OF THE WEST 770 FEET OF OUTLOT 5, TOWN OF WHITE CITY, FLORIDA, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE(S) 21, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, LESS AND EXCEPT THE EAST 115 FEET THEROF AND ALSO LESS AND EXCEPT THE WEST 5 FEET FOR RIGHT OF WAY DEDICATION. AND LOTS 20, 21, 22, 23, 24, AND THE WEST 42.5 FEET OF LOT 25, KERR ADDITION TO WHITE CITY, FLORIDA, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE 60, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. LESS AND EXCEPT THE NORTH & FOR RIGHT OF WAY DEDICATION, SAID LAND CONTAINS 1.91 ACRES, MORE OR LESS. Page 1 PDS No. 2020-055 File No.: LS-5202025745 Page 111 of 411 2. The Development Review Committee has reviewed the Lot Split application for the subject property and found it to meet the technical requirements of the St. Lucie County Land Development Code and has satisfied the standards of review set forth in Section 11.03.04(D) of the St. Lucie County Land Development Code. 3. Planning Staff has provided an analysis of the parcel's eligibility for a one-time lot split pursuant to Section 11.03.04 of the St. Lucie County Land Development Code. That analysis can be found in the memorandum dated August 11, 2020, entitled Polk, Steve & Camille Lot Split LS-5202025745. NOW, THEREFORE, BE IT ORDERED by the Planning and Development Services Director of St. Lucie County, Florida: A. Pursuant to Section 11.03.04 of the St. Lucie County Land Development Code, the Lot Split for Polk, Steve & Camille, is hereby approved by the Planning and Development Services Director as shown on the boundary survey (Exhibit A) prepared by Know It Now, Inc., fieldwork dated April 30, 2020, and updated through August 19, 2020, subject to the following conditions: 1. Within 30 days of Lot Split approval, the applicant and/or property owners shall record warranty deeds in the St. Lucie County Public Records, reflecting the legal descriptions in accordance with the survey fieldwork dated April 30, 2020, and updated through August 19, 2020, prepared by Know It Now, Inc. 2. Within 90 days of the recorded order of approval, the property owners shall convey to St. Lucie County, in a manner or form acceptable to the County Attorney, five (5) ft. of the required right-of-way dedication on Enders Road and along the southern '/ of the parent parcel on Citrus Avenue, as shown on the approved survey. 3. Future development on the newly created lot (Parcel 2) will require connection to Fort Pierce Utilities Authority (FPUA) water services. 4. No further division of the property is permitted unless a final record plat is submitted in accordance with Section 11.03.04 of the Land Development Code. B. St. Lucie County is not responsible for the maintenance, up -keep, or improvement of any private drives, roads, streets, easements, or rights -of -way providing ingress and egress or drainage service to the subject property C. A copy of this Order shall be attached to the boundary survey described in Part A, and shall be placed on file in the Planning and Development Services Department. Page 2 PDS No. 2020-055 File No.: LS-5202025745 Page 112 of 411 D. This Order shall be �rreorded in the Public Records of St. Lucie County ORDER effective the day of NW&M 12020. PLANNING AND DEVELOPMENT SERVICES ST. war;: C0011VTY, FLORIDA Olson] AICP, Director APPROVED AS TO FORM AND COO, RECTNESS /--) County Attorney Page 3 PDS No. 2020-055 File No.: LS-5202025745 Page 113 of 411 EXHIBIT A (Boundary Survey) Page 4 PDS No. 2020-055 File No.: LS-5202025745 Page 114 of 411 8.C.7. RES-2020-259 CONSENT AGENDA - COUNTY ATTORNEY Q AGENDA REQUEST DATE: 12/1/2020 Q *RESOLUTION ITEM - p e ® DONATION OF RIGHT-OF- WAY QUASI-JUDICIAL ITEM? NO TO: Board of County Commissioners PRESENTED BY: JoAnn Riley, Property Acquisition Manager SUBMITTED BY: Property Acquisition Division SUBJECT: Resolution - Right -of -Way donation on 38th Street - HSC Fort Pierce, LLC (Dollar General) - Parcel ID 2420-221-0001-000-2 BACKGROUND: On August 4, 2020, Planning and Development Services Director approved PDS Order 2020-048 granting Site Plan approval for HSC Fort Pierce, LLC (Dollar General). A condition of approval required HSC Fort Pierce, LLC to donate 10' of right-of-way along the entire frontage of the parent parcel along 38th Street. Attached for your review and acceptance you will find the proposed Warranty Deed. PREVIOUS ACTION: August 4, 2020 - Planning and Development Services Director approved PDS Order 2020-048 granting Site Plan approval. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends 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. COMMISSION ACTION: RESULT: Page 115 of 411 MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: November 09, 2020 Katrina Slay, Agenda Coordinator Date: November 18, 2020 JoAnn Riley, Property Acquisition Manager Date: November 18, 2020 Daniel McIntyre, County Attorney Date: November 20, 2020 Mark Satterlee, Deputy County Administrator Page 116 of 411 AV -r November 9, 2020 Saint Lucie County Property Appraiser VIRGINIAAVE ., AMP Alt t� •.Ai ' fir, � • • •- � T � �. . �O loft � r 1:1,128 0 45 90 180 ft 0 12.5 25 50 m Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), Page 117 of 411 PREPARED BY AND RETURN TO: Michael D. Chiumento, Esquire Chiumento Dwyer Hertel Grant, P.L. 145 City Place, Suite 301, Pahn Coast, FL 32164 Attn: Kelly DeVore Property Appraisers Parcel Identification Numbers 2420-221-0002-000/9 2420-221-0001-000/2 & RECORDED simpliflie• H ID: - Z County;. rl+ h u e Date: 2:�ZOTime: WARRANTY DEED Off Wq y52 P� U3 THIS INDENTURE, made thisy l day of , 2020, by HSC FORT PIERCE, LLC, an Alabama limited liability company, hose mailing address is P.O. Box 130, Daphne, AL 36526, hereinafter called the Grantor, to ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida, whose mailing address is 2300 Virginia Avenue, Ft. Pierce, FL 34982, hereinafter called the Grantee: (Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) WITNESSETH, that the Grantor, for and in consideration of the sum of Ten and no/100ths Dollars ($10.00) and other good and valuable consideration to the Grantor in hand paid by the Grantee, the receipt whereof is hereby acknowledged by these presents does grant, bargain, sell, alien, remise, release, convey and confirm unto the Grantee, all that certain land situate in the County of St. Lucie, Florida, to -wit: See attached Exhibit "A". TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the Grantor hereby covenants with the Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2019. Page 118 of 411 IN WITNESS WHEREOF, the Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: HSC FORT PIERCE, LLC, an Alabama limited liability co4any ,— By: Nai Its: State of ALABAMA County of BALDWIN The foregoing instrument was acknowledged before me by means of [X] physical presence or [ ] online notarization, this � day of JU to , 2020 by { , , sy�_A,,, as Member of HSC FORT PIERCE, LL ., an Alabama limited liability company, on behalf of the company, who [X] is personally known to me or [ ] has produced a driver's license as identification. [Notary Seal] ���%$Wtoo,, MAR 'LLJ Notary Public `n -- Printed Name: My Commission Expires: Page 119 of 411 EXHIBIT "A" LEGAL DESCRIPTION (10 FOOT RIGHT OF WAY DEDICATION) THE WEST 10.00 FEET OF THE FOLLOWING DESCRIBED PROPERTY: COMMENCE AT THE NORTHWEST CORNER OF SECTION 20, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, THENCE N89°5342"E, DISTANCE OF 1296.22 FEET TO A POINT BEING 25.00 FEET WEST OF THE EAST LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 20, THENCE SOUTH 02-11'46" EAST, A DISTANCE OF 149.68 FEET TO THE SOUTH RIGHT OF WAY OF VIRGINIA AVENUE (149.98 FOOT RIGHT OF WAY) AND THE POINT BEGINNING; THENCE CONTINUE SOUTH 02011'46" EAST ALONG A LINE BEING 25.00 FEET WEST OF AND PARALLEL TO THE EAST LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 20, A DISTANCE OF 320.31 FEET; THENCE SOUTH 8905719" WEST, A DISTANCE OF 255.31 FEET TO A POINT ON THE EAST RIGHT OF WAY OF 38TH STREET (A 50.00 FOOT WIDE RIGHT OF WAY) BEING 50.00 FEET EAST OF THE WEST LINE OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 20; THENCE NORTH 02011'29" WEST PARALLEL TO AND 50.00 FEET EAST OF THE WEST LINE OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 20, A DISTANCE OF 294.13 FEET TO THE SOUTH CORNER OF A PERMANENT RIGHT OF WAY TAKING AS RECORDED IN OFFICIAL RECORDS BOOK 787, PAGE 57, OF THE PUBLIC RECORDS OF SAINT LUCIE COUNTY, FLORIDA; THENCE NORTH 43°50'21" EAST ALONG SAID RIGHT OF WAY TAKING, A DISTANCE OF 35.96 FEET TO THE SAID SOUTH RIGHT OF WAY OF VIRGINIA AVE; THENCE NORTH 89°53'42" EAST ALONG THE SOUTH RIGHT OF WAY OF VIRGINIA AVENUE, A DISTANCE OF 229.37 FEET TO THE POINT OF BEGINNING. Page 120 of 411 Florida, that: RESOLUTION NO. 2020-259 A RESOLUTION ACCEPTING RIGHT-OF-WAY ALONG 38" STREET ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, The foregoing Warranty Deed from HSC FORT PIERCE, LLC is duly accepted on behalf of St. Lucie County this 1st day of December 2020. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Chair APPROVED AS TO FORM AND CORRECTNESS: County Attorney Page 121 of 411 PDS Order 2020-048 File Number: MNSP-2202025686 AN ORDER GRANTING APPROVAL OF A MINOR SITE PLAN TO BE KNOWN AS DOLLAR GENERAL - 38TH STREET & VIRGINIA AVENUE - LOCATED AT 3751 VIRGINIA AVENUE, FORT PIERCE, FLORIDA WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the application for site plan approval and reviewed the comments of the St. Lucie County Development Review Committee on this application, and made the following determinations: 1. HSC Fort Pierce, LLC, requested a Minor Site Plan for the construction of a 9,100 sq. ft. Dollar General - 38th Street & Virginia Avenue, to be located on a 1.87-acre site located at 3751 Virginia Ave, Fort Pierce, FL, within the CG, Commercial General Zoning District. 2. The Development Review Committee has reviewed the site plan for the proposed project and found, with the proposed conditions, the site plan meets the technical requirements of the St. Lucie County Land Development Code and has satisfied the standards of review set forth in Section 11.02.07, Standards for Site Plan Review, of the Land Development Code. 3. Planning staff has performed a detailed analysis of the project and found it to be consistent with the St. Lucie County Land Development Code and Comprehensive Plan. The analysis is found in the Planning and Development Services memorandum titled Dollar General - 381h Street & Virginia Avenue - Minor Site Plan (MNSP-2202025686), dated July 29, 2020. 4. The project will not have an undue adverse impact on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety, and general welfare. 5. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate surroundings through building design, site design, landscaping and screening. 6. The project is designed, constructed and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. NOW, THEREFORE, BE IT ORDERED: A. Pursuant to Land Development Code, Section 11.02.03, the proposed Minor Site Plan project known as Dollar General — 38th Street & Virginia Avenue — 3751 Virginia Avenue, is hereby approved as shown on the site plan drawings for the project prepared by Jade Consulting, LLC, revised through June 18, 2020, and date stamped received by the St. Lucie County Planning and Development Services Department on June 22, 2020, subject to the following conditions: IOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4739741 08/10/2020 01:58:11 PM Page 1 DR BOOK 4458 PAGE 2369 - 2374 Doc Type: ORD PDS Order No. 2020-048 RECORDING: $52.50 File No.: MNSP-2202025686 Page 122 of 411 Planninq Division 1. Prior to the issuance of a sign permit, the monument ground sign shall be reviewed by the Planning Division for consistency with the approved sign plan (A7 Dumpster Enclosure & Details). 2. Within 90 days of the recorded order of approval, the applicants, property owners, developers, successors, or assigns, shall convey to St. Lucie County, in a manner or form acceptable to the County Attorney, 10 feet (approximately 0.06 acres) of the required right- of-way dedication along 38th Street. 3. Prior to issuance of a Vegetation Removal Permit or Exemption, a gopher tortoise survey may be required per appropriate state protocols. 4. Prior to issuance of a Certificate of Occupancy, all Category I listed invasive species shall be eradicated from the site. B. The property on which this Minor Site Plan approval is being granted is described as follows: LEGAL DESCRIPTION COMMENCE AT THE NORTHWEST CORNER OF SECTION 20, TOWNSHIP 35 SOUTH, RANGE 40 EAST, THENCE N89°53'42"E, DISTANCE OF 1296.22 FEET TO A POINT BEING 25.00 FEET WEST OF THE EAST LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 20, THENCE SOUTH 02011'46" EAST, A DISTANCE OF 149.68 FEET TO THE SOUTH RIGHT OF WAY OF VIRGINIA AVENUE (149.98 FOOT RIGHT OF WAY) AND THE POINT BEGINNING; THENCE CONTINUE SOUTH 02011'46" EAST ALONG A LINE BEING 25.00 FEET WEST OF AND PARALLEL TO THE EAST LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 20, A DISTANCE OF 320.31 FEET; THENCE SOUTH 89057" 9" WEST, A DISTANCE OF 255.31 FEET TO A POINT ON THE EAST RIGHT OF WAY OF 38TH STREET (A 50.00 FOOT WIDE RIGHT OF WAY) BEING 50.00 FEET EAST OF THE WEST LINE OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 20; THENCE NORTH 02°11'29" WEST PARALLEL TO AND 50.00 FEET EAST OF THE WEST LINE OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 20, A DISTANCE OF 294.13 FEET TO THE SOUTH CORNER OF A PERMANENT RIGHT OF WAY TAKING AS RECORDED IN OFFICIAL RECORDS BOOK 787, PAGE 57, OF THE PUBLIC RECORDS OF SAINT LUCIE COUNTY, FLORIDA- THENCE NORTH 43°50'21" EAST ALONG SAID RIGHT OF WAY TAKING, A DISTANCE OF 35.96 FEET TO THE SAID SOUTH RIGHT OF WAY OF VIRGINIA AVE; THENCE NORTH 89°53'42" EAST ALONG THE SOUTH RIGHT OF WAY OF VIRGINIA AVENUE, A DISTANCE OF 229.37 FEET TO THE POINT OF BEGINNING. CONTAINING 1.87 ACRES, MORE OR LESS. PARCEL NUMBER: 2420-221-0001-000-2 Page 2 PDS Order No. 2020-048 File No.: MNSP-2202025686 Page 123 of 411 C. The approvals granted by this administrative order shall expire 24 months from the effective date, unless a building permit is issued or an extension is granted in accordance with the provisions of Section 11.02.06 of the St. Lucie County Land Development Code. D. The developer, including any successors in interest, is advised as part of this Minor Site Plan, the developer shall obtain all applicable development permits and construction authorizations from the appropriate State and Federal and local regulatory agencies including, but not limited to, the United States Army Corps of Engineers, the Florida Department of Environmental Protection, and South Florida Water Management District, and the St. Lucie County Environmental Resources, Public Works, and Building Departments prior to the commencement of any development activities on the property described in Part B. Issuance of this permit by the County does not in any way create any rights on the part of the developer to obtain a permit from a state or federal agency and does not create any liability on the part of the County for issuance of this permit if the developer fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertake actions that may result in a violation of state or federal law. E. A copy of this Order shall be attached to the site plan drawings described in Part A, which plan shall be placed on file with the St. Lucie County Planning and Development Services Director and mailed to the applicant and agent of record as identified on the site plan applications. F. The conditions set forth in Part A are an integral nonseverable part of the site plan approval granted by this Order. If any condition set forth in Part A is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the site plan approval granted by this order shall become null and void. G. The Site Plan, attached as Exhibit A, shall be valid for the same period as this order. H. The Certificate of Capacity, attached as Exhibit B, shall be valid for the same period as this order. If this order expires or otherwise terminates, the Certificate of Capacity shall automatically terminate. Page 3 PDS Order No. 2020-048 File No.: MNSP-2202025686 Page 124 of 411 I. This Order shall be recorded in the Public Records of St. Lucie County. ORDER effective the Day ofAiv Wig 2020. PLANNING AND DEVELOPMENT SERVICES ST. LUCIE POUNTY, FLORIDA , AIC®, Director APPROVED AS TM FORM AND CORRECTNESS: BY /15S�v County Attorney Page 4 PDS Order No. 2020-048 File No.: MNSP-2202025686 Page 125 of 411 Page 5 EXHIBIT A Lml S 381711 sir. �..-r.• ¢all yV } P fi � tit � i1 �.; ....._....o.,....�..ei .. A. �.nraM.°w j t 33 3 I a Oil �V fit ! i1 m it It 4 t £ i { �i}: ttAi a .�nx,; € �i}'���� ti apt M 4Ai 1 1. •••+P Y1Pi PDS Order No. 2020-048 File No.: MNSP-2202025686 Page 126 of 411 Page 6 EXHIBIT B CERTIFICATE OF CAPACITY St Lucie C ount� Certificate of Capacity Date K-'3C030 Certificate No. 3100 This document certifies that concurrency will be met and that adequate public facility capacity exists to maintain the standards for levels of service as adopted in the St Lucie Countv Comprehensive Plan for: 1. Type of development Mina silt Phii Number of units I Number of square feet ().'4.141 2. Property legal description & Tax ID no. 2420-221-0001-000-2 3751 Virginia Ave, Ft. Pierce. FL 34981 Dollar General - 38th St & Virginia Ave 3. Approval: Building Resolution No. 2020-048 Lelbr 4. Subject to the following conditions for concurrency: Project conditions outlined PUS 2020.048 Owner's name 11SC Fort Picnc, LLC Addrou 805 Trione Avenue Daphne AL 36526 6. Certificate Expiration Date RA/2022 This Certificate of Capacity is transferable only to subsequent owners of the same parcel, and is subject to the same terms, conditions and expiration date listed herein. The expiration date can be extended only under the same terms and conditions as the underlying development orderissued with this certificate, or for subsequent develo mehi order() issued for the same property, use and size as described herein. tanDevelopment -9iknrdv1)atc: H.�di211211PlanniServices Director St LucFlorida TuvNdur, August 04, 20211 Page I nF 2 PDS Order No. 2020-048 File No.: MNSP-2202025686 Page 127 of 411 1�r E --- AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: JoAnn Riley, Property Acquisition Manager SUBMITTED BY: Property Acquisition Division 8.C.8. 2020-50681 CONSENTAGENDA- COUNTY ATTORNEY DATE: 12/1/2020 *ACTION ITEM - AGREEMENT SUBJECT: Revocable License Agreement - South Florida Land Clearing, Inc. - Parcel ID 2427- 601-0031-000-8 - Gate in right-of-way on South 7th Street BACKGROUND: South Florida Land Clearing, Inc. (SFLC) is requesting an "After the Fact" Revocable License Agreement to keep a metal gate in its present location in a portion of the right-of-way on South 7th Street. SFLC installed the gate to keep the public from dumping trash on their property. County staff will be provided with a key to the gate. They understand that if the County needs the right-of-way for any reason that they will need to relocate the gate at their own expense. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends 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. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None Page 128 of 411 AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: November 18, 2020 Daniel McIntyre, County Attorney Date: November 20, 2020 Mark Satterlee, Deputy County Administrator Page 129 of 411 Saint Lucie County Property Appraiser ".:'t 77, •s J . t F6 FARMERS MARKET RD Mill October 5, 2020 * Red line indicated approximate location of gate Exhibit "A" 1:2,257 0 90 180 360 ft 0 25 50 100 m Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), Page 130 of 411 This instrument prepared by: Vikki Mitchell under the direction of Daniel S. McIntyre, County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 AFTER THE FACT REVOCABLE LICENSE AGREEMENT THIS AGREEMENT made and entered this day of 2020, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and South Florida Land Clearing, Inc. whose address is 15701 Orange Avenue.("Owners") WHEREAS, the Owners own the property described as follows: MARAVILLA GARDENS S/D-UNIT THREE- W 1/2 OF N 200 FT OF LOT 171 AND W 1/2 OF S 100 FT OF LOT 172- LESS W 60 FT PARCEL I.D.2427-601-0031-000-8 WHEREAS, the Owners has requested an "After the Fact" Revocable License Agreement to keep an existing metal gate in the present location in a portion of the right-of-way S. 7I Street, as shown on Exhibit "A". WHEREAS, the County is willing to permit the Owners to encroach the right-of-way of S. 7te Street to keep their gate, subject to the terms and conditions set forth in this "After the Fact" Revocable License Agreement. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. The County agrees to grant the Owners an "After the Fact" Revocable License Agreement for the purpose of keeping their gate in the present location in the right-of-way of S. Th Street and maintaining the area around the gate. This "After the Fact" Revocable License Agreement shall extend only to the referenced metal gate and shall not extend to the construction and/or installation of any additional structures or utilities. Page 131 of 411 2. The sole purpose of this "After the Fact" Revocable License Agreement is to allow the Owners to keep their gate and maintain the area around the gate in the right-of-way of S. 7t" Street. The Owners agree that if the County Engineer determines the gate is causing problems or the gate need's to be removed or relocated the Owners will do so at the Owners sole expense. 3. Pursuant to the terms and conditions contained in this "After the Fact" Revocable License Agreement, the County authorizes the Owners to keep the gate and maintain the area around the gate at the present location identified in Exhibit "A". 4. This "After the Fact" Revocable License Agreement shall be binding on future successors and assignees of the Owners, provided that Owners give adequate notice to the County pursuant to Paragraph Eleven (11) of this Agreement. 5. The County shall have the right, at the sole discretion of the County Engineer to terminate this Agreement with or without cause and require removal of the gate at the Owner's sole expense upon ninety (90) days written notice to the Owner. The County Engineer may, in lieu of termination, request that the Owners perform certain alterations to the gate or the location of the gate, at the Owner's sole expense. However, if such alteration is not performed to the satisfaction of the County Engineer, the County shall be entitled to exercise its right to terminate this Agreement. 6. Upon the expiration of this "After the Fact" Revocable License Agreement, or the revocation of this "After the Fact" Revocable License Agreement, whichever occurs first, the Owners shall be responsible for the removal of the gate and restoring the right-of-way as directed by the County Engineer, consistent with the specifications of the County in force at such time. 7. The term of this "After the Fact" Revocable License Agreement shall begin on the date first above written and shall remain in effect unless otherwise revoked or abandoned as provided herein. S. Owners agree to relocate the referenced gate, at any time and at no cost to the County, if necessary for the maintenance or improvements of the County's right-of-way. Page 132 of 411 9. The gate shall be in accordance with all applicable codes and permitting regulationsli'of the County and shall be maintained solely at the expense of the Owners. I0. The Public Works Department shall be provided a key for the gate. The gate shall not interfere with County use of the right-of-way and any damage to the right-of-way shall be repaired' by the owners. The Owners agrees to allow County employees access to the location of the gate for County purposes as determined by the County Engineer. H. All notices, request and other communications dealing directly or indirectly with this license shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, address to: As to County: County Engineer Engineering Division 2300 Virginia Avenue, 2nd Floor Fort Pierce, FL. 34982 As to Owner: South Florida Land Clearing, Inc. 15701 Orange Avenue Fort Pierce, FL 34945 With Copies to: County Attorney 2300 Virginia Avenue, 3rd Floor Fort Pierce, FL 34982 or to such other address as any party may designate by notice complying with the terms of this section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 12. As consideration for the County granting this "After the Fact" Revocable License Agreement the Owner agree to indemnify and hold the County harmless from and against all claims, liability, demands, damages, expenses, fees, fines penalties, suits, proceedings, actions and costs of actions, including reasonable attorneys fees of any kind or nature arising or in any way connected with Page 133 of 411 II !I i! n the use, occupation, management, or control of the above property by County or its' agents, servants, employees, patrons, or invitees, or resulting in injury to persons or property, or loss of life or prop�rty of li any kind or nature whatsoever, sustained during Owner's use of the property. 13. The Owners shall promptly pay to record this "After the Fact" Revocable License it Agreement in the Official Records of St. Lucie County, Florida. it I' IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year 'above J first written. ATTEST: DEPUTY CLERK ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTOkNEY Page 134 of 411 WITNESS: South Florida and Clearing, Inc. BY: WITNESS: WITNESS: (Print Name) m_ �II ._f PLUS WITNESS: (Print Name) STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me by means o ] physical presence or [ ] online notarization, this Illoq . IQ 2,020 (date)by Qom' , - (name of officer or agent, title of officer or agent) of South Florida Land Clearing Inc a Florida Corporation, on behalf of the corporation. He/she is ersonally known to me or has produced _(type of Identification) as identification. [Notary Seal] AN NKaryn Public Stale Florida jef G prawdy j� My Commisslon GG 292585 + arwa Expires02/11I2023 Notary Signature ame Printed Page 135 of 411 5 11 v so i South Ah Street 5d Page 136 of 411 1�r E --- AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: JoAnn Riley, Property Acquisition Manager Property Acquisition Division 8.C.9. 2020-50578 CONSENTAGENDA- COUNTY ATTORNEY DATE: 12/1/2020 *ACTION ITEM - AGREEMENT North Fork II Addition / Zorc Parcels - Florida Communities Trust FCT Project Number 18-017-FF19 - Dedication to Public Use and Declaration of Restrictive Covenants County staff acquired 20.25 acres of property from Arlyne Zorc along the North Fork of the St. Lucie River on April 28, 2017 and submitted a grant reimbursement application to Florida Communities Trust (FCT). On August 13, 2019, the Board approved the Grant Agreement setting forth the procedures for reimbursement and guides the future management and use of the project lands. County staff received the attached Dedication to Public Use and Declaration of Restrictive Covenants from Florida Communities Trust (FCT) for the North Fork II Addition Zorc parcels. Environmental Resources Department has reviewed and approved. PREVIOUS ACTION: November 1, 2016 - the Board of County Commissioners approved the Contract for Sale and Purchase of the Zorc property. February 7, 2017 - the Board of County Commissioners approved an Addendum to the Contract for Sale and Purchase to extend the closing date. August 30, 2018 - Environmental Resources submitted a Florida Communities Trust (FCT) grant reimbursement application. June 6, 2019 - the Florida Communities Trust (FCT) Governing Board approved reimbursement funding of Page 137 of 411 $264,236.21 (50% of the purchase price). August 13, 2019 - the Board of County Commissioners approved a Grant Agreement with Florida Communities Trust (FCT). FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends 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. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: November 16, 2020 Daniel McIntyre, County Attorney Date: November 16, 2020 Amy Griffin, Environmental Resources Director Date: November 20, 2020 Mark Satterlee, Deputy County Administrator Page 138 of 411 This instrument was prepared by: Lois E. La Seur, Esquire Florida Communities Trust Department of Environmental Protection 3900 Commonwealth Boulevard, MS #103 Tallahassee, Florida 32399 FLORIDA COMMUNITIES TRUST Project Number: 18-017-FF19 DEP Agreement Number: F1917 Project Name: NORTH FORK II ADDITION / ZORC PARCEL Project Location Address: 6301 Citrus Avenue in White City, FL, approximately 1 mile south of Midway Road in St. Lucie County, FL 34982 Section 09, Township 36 South, Range 40 East, St. Lucie County Parcel I D(s): 3409-701-0002-000/0 3409-702-0047-000/0 3409-702-0039-000/1 3409-702-0031-000/5 3409-702-0005-000/4 3409-702-0008-000/5 DEDICATION TO PUBLIC USE And DECLARATION OF RESTRICTIVE CONVENANTS THIS DEDICATION TO PUBLIC USE and DECLARATION OF RESTRICTIVE COVENANTS ("DDRC") is between the FLORIDA COMMUNITIES TRUST ("FCT"), a non - regulatory agency and instrumentality within the State of Florida Department of Environmental Protection ("Department"), and ST. LUCIE COUNTY ("Recipient"), a Florida local government. THIS DEDICATION TO PUBLIC USE AND DECLARATION OF RESTRICTIVE COVENANTS IS PURSUANT TO THE FOLLOWING: WHEREAS, this DDRC is to impose terms and conditions to implement the provisions of Sections 259.105, 259.1051 and Chapter 380, Part III, Florida Statutes ("F.S."); WHEREAS, Chapter 380, Part III, F.S., (the "Florida Communities Trust Act"), creates FCT, a non -regulatory agency within the Department, to assist local governments to implement the conservation, recreation and open space, and coastal elements of their comprehensive plans, conserve natural resources, and resolve land use conflicts. The FCT is empowered to provide financial assistance to local governments and nonprofit environmental organizations to carry out projects and activities authorized by the Florida Communities Trust Act; WHEREAS, FCT is funded through the Florida Legislature to provide land acquisition grants for community -based conservation and recreation projects, urban open spaces, parks, and greenways; WHEREAS, FCT has approved the terms under which the Recipient acquired the land described in Exhibit "A" ("Project Site") and has approved a grant supporting that acquisition. Consequently, the Project Site is subject to the restrictions set by the Florida Communities Trust Act and by Rule 62-818.009(1), Florida Administrative Code ("F.A.C."); FCT Project Number: 18-017-FF19 DEP Agreement Number: F1917 Page 1 of 10 Page 140 of 411 WHEREAS, this DDRC provides covenants and restrictions sufficient to ensure that the use of the Project Site complies with Section 9, Article XI and Section 28, Article X of the Florida State Constitution and Section 375.051, F.S., and it contains clauses providing that title to the Project Site will be conveyed to the Board of Trustees of the Internal Improvement Trust Fund ("Trustees") upon the failure of the Recipient to use the Project Site for the required purposes; and WHEREAS, the purpose of this DDRC is to dedicate the property to public use and set forth the covenants and restrictions that are imposed on the Project Site subsequent to FCT disbursing Florida Forever funds to the Recipient. NOW THEREFORE, in consideration of the mutual covenants and undertakings set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, FCT and the Recipient agree as follows: I. PERIOD AND APPLICABILITY OF DEDICATION TO PUBLIC USE AND DECLARATION OF RESTRICTIVE COVENANTS Pursuant to the requirements of Section 380.510(3)(d), F.S., the Project Site (as more fully described in Exhibit A) is hereby dedicated in perpetuity to the use of the general public for conservation, outdoor recreation, and related activities. If the Recipient uses the property for other than conservation or recreation or allows a third party to do so, title to the property shall immediately vest in the Board of Trustees of the Internal Improvement Trust Fund. This DDRC begins upon execution by both Parties. The covenants and restrictions contained herein will run with the Project Site and will bind FCT and the Recipient and their respective successors and assigns. II. MODIFICATION OF DEDICATION TO PUBLIC USE AND DECLARATION OF RESTRICTIVE COVENANTS Either Party may request modification of the provisions of this DDRC at any time. FCT will review any changes requested by the Recipient to ensure that the requested changes will not violate the statutes, rules, or other regulations governing the FCT program. Changes that are mutually agreed upon will be valid only when reduced to writing, signed by the Parties, and recorded in the public record. III. RECORDING AND APPROVAL OF DEDICATION AND DECLARATION OF RESTRICTIVE COVENANTS Upon execution by the Parties hereto, the Recipient will cause this Dedication and Declaration of Restrictive Covenants to be recorded and filed in the official public records of St. Lucie County, Florida, within thirty (30) days of execution and in such manner and in such other places as FCT may reasonably request. The Recipient will pay all fees and charges incurred in connection therewith. IV. NOTICE AND CONTACT All notices provided pursuant to this Declaration will be in writing and delivered either by hand delivery or first class, certified mail, return receipt requested, to the addresses specified below. The Department will consider that the notice is received on the date of delivery if by personal delivery or upon actual receipt if sent by registered mail. FCT Project Number: 18-017-FF19 DEP Agreement Number: F1917 Page 2 of 10 Page 141 of 411 FCT: Florida Communities Trust Department of Environmental Protection 3900 Commonwealth Boulevard, MS# 115 Tallahassee, Florida 32399-3000 FloridaCommunitiesTrust floridade ov Recipient: St. Lucie County Environmental Resources Department c/o Amy E. Griffin, Director 2300 Virginia Avenue Fort Pierce, Florida 34982 griffina .stlucieco.org If the Recipient's address or representative changes after execution of this DDRC, the Recipient must notify FCT of the change as provided above. V. PROJECT SITE TITLE REQUIREMENTS IMPOSED BY CHAPTER 259, CHAPTER 375 AND CHAPTER 380, PART III, F.S. 1. If Recipient seeks to transfer title to the Project Site, FCT must pre -approve the transfer. FCT will enter into a new DDRC with the transferee to ensure the Project Site remains dedicated to conservation, outdoor recreation, and related activities, and to protect the interest of the State of Florida. 2. The Recipient cannot use the interest acquired by the Recipient in the Project Site as security for any of Recipient's debt. 3. If the Recipient fails to remedy a violation of any essential term or condition of this DDRC, or if the existence of the Recipient terminates for any reason, title to all interest in the Project Site acquired with state funds will automatically vest in the Trustees unless FCT negotiates an agreement with another local government or nonprofit environmental organization that agrees to accept title to and manage the Project Site. 4. If the Project Site is damaged or destroyed the Recipient will deposit any insurance proceeds with FCT. The Recipient must rebuild, replace, repair, or restore the Project Site consistent with this DDRC and the terms of the original grant. FCT will make the insurance proceeds available to the Recipient to provide funds for restoration work. If the Recipient fails to complete the rebuilding, repair, replacement, or restoration of the Project Site after notice from FCT, FCT has the right, in addition to any other remedies at law or in equity, to use those proceeds to repair, restore, rebuild, or replace the Project Site to prevent the occurrence of a default. 5. If title to the Project Site, or any part thereof, is taken by a governmental body through the exercise or the threat of the exercise of the power of eminent domain, the Recipient must deposit the condemnation award with FCT. The Recipient must rebuild, replace, repair, or restore the Project Site consistent with this DDRC and the terms of the original grant. FCT will make the condemnation award available to the Recipient to provide funds for restoration work. If the Recipient fails to complete the rebuilding, repair, replacement, or restoration of the Project Site after notice from FCT, FCT has the right, in addition to any other remedies at law or in equity, to use those proceeds to repair, restore, rebuild, or replace the Project Site to prevent the occurrence of a default. FCT Project Number: 18-017-FF19 DEP Agreement Number: F1917 Page 3 of 10 Page 142 of 411 6. FCT has the right to seek specific performance of any of the covenants and restrictions of this DDRC concerning the construction and operation of the Project Site. VI. MANAGEMENT OF PROJECT SITE 1. The Project Site must be managed only for the conservation, protection, and enhancement of natural and historical resources and for compatible passive, natural resource - based public outdoor recreation, along with other related uses necessary for the accomplishment of this purpose. The proposed uses for the Project Site are specifically designated in the Management Plan approved by FCT, which is hereby incorporated by reference. A copy of the Management Plan can be obtained by contacting FCT per Section IV. 2. The Recipient will ensure that the future land use designation assigned to the Project Site is a category dedicated to open space, conservation, or outdoor recreation uses, as appropriate. If an amendment to the applicable comprehensive plan is required, the Recipient will propose the amendment at the next available comprehensive plan amendment cycle. The Recipient will provide FCT with documentation of the change. 3. The Recipient will ensure that all activities under this DDRC comply with all applicable local, state, regional, and federal laws and regulations, including zoning ordinances and the adopted and approved comprehensive plan for the jurisdiction. 4. The Recipient will prevent the unauthorized use of the Project Site or any use that does not comply with the Management Plan approved by FCT. 5. FCT staff or its duly authorized representatives have the right to inspect the Project Site and the operations of the Recipient at the Project Site. 6. All buildings, structures, improvements, and signs not authorized by the approved Management Plan will require the prior written approval of FCT. Major land alterations not authorized by the approved Management Plan will require the written approval of FCT. FCT will approve the proposed changes if the proposed structures, buildings, improvements, signs, vegetation removal, or land alterations will not adversely impact the natural resources of the Project Site. 7. If archaeological and historic sites are located on the Project Site, the Recipient must comply with Chapter 267, F.S. The collection of artifacts from the Project Site or the disturbance of archaeological and historic sites on the Project Site are prohibited unless prior written authorization has been obtained from the Department of State, Division of Historical Resources. 8. As required by Rule 62-818.013, F.A.C., each year after FCT reimbursement of Project Costs the Recipient will submit to FCT an annual stewardship report documenting the Recipient's progress in implementing the Management Plan. The initial stewardship report will document any necessary change to the future land use designation for the site. Once the Project Site is fully developed as outlined in the approved Management Plan, the Recipient may request transition to five-year stewardship report reviews pursuant to Rule 62-818.013, F.A.C. In addition to the annual stewardship report, the Recipient must report any revenue generated on the Project Site by July 31st of each year. The Recipient will report revenue on a form approved by FCT staff. FCT Project Number: 18-017-FF19 DEP Agreement Number: F1917 Page 4 of 10 Page 143 of 411 VII. SPECIAL MANAGEMENT CONDITIONS The Management Plan for the Project Site is mentioned throughout the Grant Award Agreement and this DDRC, and is particularly -described in Section VI. above. In addition to the various conditions already described in the Grant Award Agreement and this DDRC, the Management Plan requires the following conditions that are specific to the Project Site: 1. FCT Sign - The Recipient must maintain a permanent FCT recognition sign, a minimum of Tx 4', at the entrance area of the Project Site and visible to the public. The sign must include the FCT logo and acknowledge that the Project Site was purchased with funds from the Florida Communities Trust Program (and the Recipient if Recipient provided a match). The sign should include the date the site was acquired. 2. Recreational Facilities - The Recipient must provide at least two recreational facilities such as an observation deck and a fishing pier. The Recipient should endeavor to place facilities and site improvements on previously disturbed areas to the greatest extent possible. 3. Trails - The Recipient must provide a land -based walking, nature, bike, equestrian, or multi -use trail of at least 1/2 mile on the Project Site. Park benches must be provided along the trail. 4. Interpretation - The Recipient must provide interpretive kiosk(s) on the Project Site to educate visitors about the natural environment and the unique history of the area. 5. Education Programs - The Recipient must provide at least six regularly scheduled environmental or historical education classes or programs per year at the Project Site conducted by trained educators or resource professionals. 6. Listed Species Habitat - The Recipient must manage the Project Site in a manner that protects habitat recognized as typically suitable for one or more listed animal species. 7. Locally Significant and Strategic Habitat Conservation - The Recipient must manage the Project Site in a manner that protects and enhances the listed and non -listed native wildlife species and their habitat, including the Locally Significant Natural Areas and Strategic Habitat Conservation Areas found onsite. 8. Vegetative Enhancement - The Recipient must plant approximately 5 acres of disturbed uplands with native vegetation. The Recipient must plant approximately 600 linear feet of disturbed shoreline with native vegetation. 9. Water Quality Facility - The Recipient must improve the quality of surface waters or address current flooding problems occurring on, adjacent to, or close to the Project Site. The water quality facility must be designed to have a park -like or natural setting. 10. Water Quality - The Recipient must develop and manage the Project Site in a manner that will protect the adjacent Outstanding Florida Waters of the North Fork, St. Lucie Aquatic Preserve. FCT Project Number: 18-017-FF19 DEP Agreement Number: F1917 Page 5 of 10 Page 144 of 411 11. Archaeological and Historic Resources - The Recipient must develop and manage the Project Site to ensure the preservation of historical, cultural, or archaeological features on the Project Site. 12. Park Addition - The Recipient must manage the Project Site as an addition to the North Fork Addition, FCT # 99-025-P9A. 13. Ecological Corridor - The Recipient must protect and manage the Project Site as part of an ecological corridor within the county's designated North Fork St. Lucie River Corridor. VIII. COVENANTS RELATING TO USE OF THE PROPERTY 1. FCT is authorized by•Section 380.510, F.S., to impose conditions for funding on the Recipient to ensure that the Project complies with the requirements for the use of Florida Forever funds. 2. The Recipient agrees and acknowledges that the below listed transactions, events, and circumstances, collectively referred to as the "disallowable activities," may be disallowed on the Project Site. The Recipient further agrees and acknowledges that these disallowable activities may be allowed up to a certain extent based on certain guidelines established by the Florida Communities Trust. a. any sale or lease of any interest in the Project Site to a governmental agency or a non -governmental person or organization; b. the operation of any concession on the Project Site by a non -governmental person or organization; C. any sales contract or option to buy or sell things attached to the Project Site; d. any use of the Project Site by a non -governmental person other than in such person's capacity as a member of the general public; e. any change in the character or use of the Project Site from the use expected at the date of the issuance of any series of Bonds contributing to the funding of the Project; f. a management contract for the Project Site with a non -governmental person or organization; or g. such other activity or interest as specified from time to time in writing by FCT to the Recipient; or 3. If the Project Site, after its acquisition by the Recipient, is to remain subject to any of the disallowable activities, the Recipient will provide notice to FCT, as provided for in paragraph IV.1. above, at least sixty (60) calendar days in advance of any such transactions, events, or circumstances, and will provide FCT such information as FCT reasonably requests in order to evaluate the consequences of such disallowable activities. 4. If FCT determines at any time that the Recipient is engaging, or allowing others to engage, in disallowable activities on the Project Site, the Recipient will immediately cease the disallowable activities upon receipt of written notice from FCT. In addition to all other rights and FCT Project Number: 18-017-FF19 DEP Agreement Number: F1917 Page 6 of 10 Page 145 of 411 remedies at law or in equity, FCT has the right to seek temporary and permanent injunctions against the Recipient for any disallowable activities on the Project Site. IX. DEFAULT; REMEDIES; TERMINATION 1. If the Recipient (or some third party with the knowledge of the Recipient) violates any essential term or condition of this DDRC, FCT will notify the Recipient of the violation by written notice given by personal delivery, registered mail, or registered expedited service. The Recipient will immediately act to cure the violation and must complete the cure within thirty (30) days after receiving notice of the violation. If the situation cannot reasonably be cured within thirty (30) days, the Recipient will submit a timely written request to the FCT Program Manager for additional time. The request must include the current status of the violation, the reasons for the delay, and a time frame for completing the cure. FCT will approve or deny the request, in writing, within thirty (30) days of receiving the request. Any violation must be resolved within one hundred twenty (120) days of the Recipient's receiving notice of the violation unless the Recipient can demonstrate extenuating circumstances to justify a greater extension of time. If the Recipient fails to correct the violation within either (a) the initial thirty (30) day time frame or (b) the time frame approved by FCT pursuant to the Recipient's request, fee simple title to all interest in the Project Site will vest in the Trustees as described in Section V, paragraph (3). FCT will treat such property in accordance with Section 380.508(4)(e), F.S. X. STANDARD CONDITIONS 1. This DDRC shall will be construed under the laws of the State of Florida, and venue for any actions arising out of this DDRC shall will lie in Leon County. If any provision of this DDRC conflicts with any applicable statute or rule, or is otherwise unenforceable, that provision will be deemed null and void to the extent of the conflict and will be severable, but will not invalidate any other provision of this DDRC. 2. If FCT waives a right or remedy granted by this DDRC or fails to insist on strict performance of any term of this DDRC, those actions will not act as a waiver of any of FCT's rights or remedies nor will it affect the subsequent exercise of the same right or remedy by FCT for any subsequent default by the Recipient. 3. The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seg.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the area of public accommodations and State and local government services. 4. This DDRC may be executed in two or more counterparts, each of which together will be deemed an original, but all of which together will constitute one and the same instrument. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a ".pdf' format data file, such signature will create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such electronic signature page were an original. 5. Any alterations, variations, changes, modifications or waivers of provisions of this DDRC will only be valid when they have been reduced to writing, duly signed by each of the Parties hereto, and recorded in the public record. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK FCT Project Number: 18-017-FF19 DEP Agreement Number: F1917 Page 7 of 10 Page 146 of 411 IN WITNESS WHEREOF, the Parties hereto have duly executed this Dedication and Declaration of Restrictive Covenants. Witnesses: Print Name: Print Name: APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Print Name: Date: FCT Project Number: 18-017-FF19 DEP Agreement Number: F1917 ST. LUCIE COUNTY, a Florida local government By: _ Print Name: Title: Date: Page 8of10 Page 147 of 411 Wit sses: Print Name: STATE OF FLORIDA COUNTY OF LEON FLORIDA COMMUNITIES TRUST By: (_ aat.e— Secretary or Designee Print Name: 0.1,111 -e_ L&-,1XC3 Title: -Du e Dt we, 41- Z 544:�: L2-vxoLetiffs 'Dee9Date: 6 af� Approved as to Ford .nV 6%Ra.1ity: gita y s goad s Lois La Seur o te.2020.09.16 By: m.AA.,, -nA.nn. Trust Counsel Print Name: Date: The foregoing instrument was acknowledged before me on this 2020, by Communities Trust. He/She is personally known to as identification. (SEAL) FCT Project Number: 18-017-FF19 DEP Agreement Number: F1917 day of 3 e� Secretary or Designee, Florida me or who has produced Signature of Notary Public Print Na Commission No. My Commission Expires: ,�.�"Y!Y•4•, DAVID LEE FEWELL 14, MY COMMISSION # GG 08W2 .=`Ty' EXPIRES: July 24, 2021 p,,,,:t„ Bonded 7hru Notary R-* Underwrites Page 9 of 10 Page 148 of 411 EXHIBIT"A" Legal Description Parcel 1: Beg. 495 feet North of NE corner of the SW 1/4 of the SE 1/4 of Section 9, Township 36 South, Range 40 East; run West to River; thence meander River Northwesterly to a point which is 330 feet due North of South line of this tract; thence East to a point which is 330 feet North of the Point of Beginning; thence South 330 feet to the Point of Beginning. Less and except the following described property: From the Northeast corner of Block 1, RIVERDALE YACHT CLUB ESTATES, UNIT ONE, according to the Plat thereof, as recorded in Plat Book 6, at Page 28, of the Public Records of St. Lucie County, Florida, run South 330 feet to the Point of Beginning; thence continue South 145 feet; thence run West 300.41 feet; thence run North 145 feet; thence run East 30OAl feet to the Point of Beginning. And less: Begin at the NE comer of Lot 10, Block 12, UNIT TWO, RIVERDALE YACHT CLUB ESTATES, according to the Plat thereof, as recorded in Plat Book 6, at Page 40, of the Public Records of St. Lucie County, Florida, run Westerly 154.3 feet; thence run Northerly 91 feet; thence run Southeasterly 159.6 feet; thence run Southerly 34 feet to the Point of Beginning. Parcel 2: Lots 17,18 and 19, Block 12, UNIT THREE, RIVERDALE YACHT CLUB ESTATES, according to the Plat thereof, as recorded in Plat Book 6, at Page 41, of the Public Records of St. Lucie County, Florida. Parcel 3: Lots 20 through 42, Block 12, UNIT THREE, RIVERDALE YACHT CLUB ESTATES, according to the Plat thereof, as recorded in Plat Book 6, at Page 41, of the Public Records of St. Lucie County, Florida. Parcel 4: Lots 1 through 8, Block 14, UNIT THREE, RIVERDALE YACHT CLUB ESTATES, according to the Plat thereof, as recorded in Plat Book 6, at Page 41, of the Public Records of St. Lucie County, Florida. Parcel 5: Lots 1 through 7, Block 15, UNIT THREE, RIVERDALE YACHT CLUB ESTATES, according to the Plat thereof, as recorded in Plat Book 6, at Page 41, of the Public Records of St. Lucie County, Florida. Parcel 6: Lots 1 through 8, Block 13, UNIT THREE, RIVERDALE YACHT CLUB ESTATES, according to the Plat thereof, as recorded in Plat Book 6, at Page 41, of the Public Records of St. Lucie County, Florida. FCT Project Number: 18-017-FF19 DEP Agreement Number: F1917 Page 10of10 Page 149 of 411 DEP AGREEMENT NUMBER: F1917 C19-08-888 FCT PROJECT NUMBER: 18-017-FF 19 PROJECT NAME: NORTH FORK II ADDITION (ZORC PARCELS) CSFA NUMBER: 37.078 GRANT AGREEMENT THIS GRANT AGREEMENT ("Agreement") is entered into by and between the FLORIDA COMMUNITIES TRUST ("FCT"), a non -regulatory agency and instrumentality within the State of Florida, Department of Environmental Protection ("Department"), and ST. LUCIE COUNTY, a Florida local government ("Recipient"). All capitalized terms are used as they are defined in Rules 62-818 and 62-819, F.A.C. THIS AGREEMENT IS ENTERED INTO PURSUANT TO THE FOLLOWING: WHEREAS, the intent of this Agreement is to impose terms and conditions on the lands acquired under the Florida Communities Trust Act ("Project Sites"). These terms and conditions are necessary to ensure compliance with Florida law and provisions of Sections 259.105, 259.1051 and Chapter 380, Part III, Florida Statutes ("F.S."). WHEREAS, Chapter 380, Part III, F.S., the Florida Communities Trust Act, creates a non - regulatory agency within the Department to assist local governments in conserving natural resources, resolving land use conflicts, and implementing and bringing into compliance the conservation, recreation and open space, and coastal elements of their comprehensive plans by providing financial assistance to local governments and nonprofit environmental organizations to carry out projects and activities authorized by the Florida Communities Trust Act. WHEREAS, Rule 62-818, Florida Administrative Code ("F.A.C.") sets forth the procedures for the evaluation and selection of lands proposed for acquisition and Rule 62-819, F.A.C. sets forth the acquisition procedures. WHEREAS, on June 6, 2019, the FCT Governing Board approved selected projects to receive approval for funding. WHEREAS, the Recipient's Project ("Project"), described in an application submitted for evaluation, was selected for funding in accordance with Rule 62-818, F.A.C., and by executing this Agreement the Recipient reaffirms the representations made in its application. WHEREAS, Rule 62-818.009, F.A.C. authorizes FCT to impose conditions on those FCT applicants whose projects are selected for funding. WHEREAS, the purpose of this Agreement is to set forth the condition(s) that must be satisfied by the Recipient prior to the disbursement of any FCT Florida Forever funds, specify the restrictions imposed on the Project Site, and establish the site management requirements for the Project Site after its acquisition. DEP Agreement No. F 1917 Page 1 of 22 FCT Project No. 18-017-FF19 Page 150 of 411 NOW THEREFORE, FCT and Recipient mutually agree as follows: I. PERIOD OF AGREEMENT 1. This Agreement will begin upon execution by both Parties and, will remain in effect unless the Agreement is released by FCT pursuant to the terms of the Agreement, the Dedication to Public Use and Declaration of Restrictive Covenants, and the rules and statutes governing the program. FCT agrees to make funding under this Agreement available for one year after the date of execution, unless extended or terminated earlier. 2. FCT may extend funding under this Agreement beyond one year if the Recipient demonstrates that it has made significant progress toward approval of the Project Plan or that extenuating circumstances beyond the Recipient's control warrant an extension of time. Recipient must request an extension in writing, fully explaining the reasons for the delay and why the extension is necessary. A written request for an extension must be submitted prior to the date funding expires. FCT may, in its sole discretion, consent to an extension of funding under this Agreement. The decision to consent to an extension and the length of the extension will depend upon an analysis of various factors, including the needs and goals of FCT; the ability and willingness of Recipient to perform under the terms of this Agreement; the good standing of the Recipient (including any entity related to or affiliated with Recipient); the Recipient's past record of performance, including submission of required reports and audits (as applicable); and other factors relevant to FCT mandates. FCT, in its sole discretion, reserves the right not to extend funding under this Agreement beyond the initial term. If the Recipient does not request a written funding extension, or if a requested written funding extension is not granted by FCT, the Recipient's FCT Award will be rescinded and this Agreement will terminate pursuant to its terms and conditions. II. MODIFICATION OF AGREEMENT Either Party may request modification(s) of the provisions of this Agreement at any time. Changes that are mutually agreed upon will be valid only when reduced to writing and duly signed by each of the Parties. Such amendments will be incorporated into this Agreement. III. DEADLINES 1. At least two original copies of this Agreement must be executed by the Recipient and returned to the FCT office at 3900 Commonwealth Boulevard MS #115, Tallahassee, FL 32399 within 45 days of receipt by the Recipient. If the Recipient requires more than one original document, the Recipient may photocopy the number of additional copies needed and then execute each as an original document. Upon receipt of the signed Agreements, FCT will execute the Agreements, retain one original copy, and return all other executed copies to the Recipient. DEP Agreement No. F1917 Page 2 of 22 FCT Project No. 18-017-FF19 Page 151 of 411 2. The Recipient and/or its representatives will adhere to all Project deadlines and devise a method for monitoring the Project. FCT will strictly enforce the deadlines provided by this Agreement in addition to any deadlines associated with any FCT activity relating to the Project. Recipient's failure to comply with Project deadlines may cause FCT to terminate this Agreement. 3. The Recipient must submit the documentation required by this Agreement to FCT as soon as possible so that FCT may reimburse the Project Costs in an expeditious manner. 4. Upon FCT's request, the Recipient must provide a status report of its progress toward applying for reimbursement of the Project Costs. 5. The Recipient must develop the Project Site in accordance with the FCT Grant Agreement and open the developed Project Site to the public within three (3) years of the date of final disbursement of the FCT Award or pursuant to the timeline outlined in the approved Management Plan. The Recipient may request an extension of this provision by requesting a modification or revision to the approved Management Plan by submitting a written request to the Trust pursuant to Rule 62-818.011(3), F.A.C. IV. FUNDING PROVISIONS 1. The FCT Florida Forever Award granted to the Recipient ("FCT Award") will in no event exceed Fifty percent (50%) of the final Project Costs, as more fully defined in Rule 62- 818.002(33), F.A.C., or Two Hundred Sixty -Four Thousand, Two Hundred Thirty -Six dollars and Twenty -One cents ($264,236.21), unless FCT approves a different amount. The Recipient will be reimbursed, as outlined in this Agreement, for eligible costs as defined in Rule 62- 818.002(33), F.A.C., and identified in the Project Plan. 2. The FCT Award is based on the Recipient's estimate of final Project Costs in its application, as well as the Limitation of Award provided in Rule 62-818.003(7), F.A.C., and advertised in the Notice of Application. When disbursing the FCT Award, FCT will recognize only those Project Costs consistent with the definition in Rule 62-818.002(33), F.A.C. 3. If Recipient's Acquisition Costs exceed the amount indicated in the application, FCT's reimbursement will be limited to the amount or percentage estimated in the application. 4. FCT will participate in the land cost at either a percentage of the actual purchase price or the maximum reimbursement amount, whichever is less. The maximum reimbursement amount is established by the approved appraised value of the property as established by Rules 18- 1.006 and 18-1.007, F.A.C. If the Recipient purchased the property for more than the approved appraised value, FCT can only reimburse a percentage of the appraised value (the percentage indicated in the Recipient's application). If the Recipient purchased the property without obtaining an appraisal, the Recipient is required to obtain appraisals pursuant to Rule 62-819.007, F.A.C., to determine the value of the property before the acquisition. DEP Agreement No. F1917 Page 3 of 22 FCT Project No. 18-017-FF19 Page 152 of 411 5. The FCT Award will be delivered either in the form of Project Costs prepaid by FCT to vendors if additional due diligence products are required, in the form of a State of Florida warrant, or by electronic funds transfer (EFT). If the Recipient is required to obtain additional due diligence products (e.g. appraisals, appraisal reviews, surveys, title information, and the like), the cost of those products will be deducted from the final disbursement amount. 6. FCT will prepare a grant reconciliation statement showing the amount of Match provided by the Recipient (as applicable and if any is required) and showing the amount of the FCT Award. The grant reconciliation statement will reflect funds expended by FCT for Project Costs as part of the FCT Award. 7. If a Match is required, it must be delivered in an approved form as provided in Rule 62-818.002(25), F.A.C. Funds expended by the Recipient for Project Costs will be recognized in the Match amount on the grant reconciliation statement. 8. By executing this Agreement, the Recipient affirms that it is ready, willing, and able to provide any required Match. 9. If the Recipient is the local government having jurisdiction over the Project Site, and the Recipient takes action that results in a governmentally -derived higher Project Site land value because of an "enhanced highest and best use," FCT will terminate acquisition activities unless the Seller demonstrates that the appraisal(s) were based on the "highest and best use" for the Project Site prior to the FCT Governing Board selection meeting. Alternatively, the Recipient can arrange for new appraisals based on the previous highest and best use. 10. FCT's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Florida Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of FCT if the Legislature reduces or eliminates appropriations. 11. The accounting systems for all Recipients must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Recipients are prohibited from commingling funds on either a program -by -program or a project -by -project basis. Funds specifically budgeted or received for one project may not be used to support another project. Where a Recipient's or subrecipient's accounting system cannot comply with this requirement, the Recipient or subrecipient must establish a system to provide adequate fund accountability for each project it has been awarded. 12. If FCT finds that funds have been commingled, FCT has the right to demand a refund, either in whole or in part, of the funds provided to the Recipient under this Agreement. The Recipient, upon written notification from FCT, must refund the amount of money demanded. Interest on any refund will be based on the prevailing rate used by the State Board of Administration. Interest will be calculated from the date(s) the original payment(s) are received from FCT by the Recipient to the date repayment is made by the Recipient to FCT. DEP Agreement No. F1917 Page 4 of 22 FCT Project No. 18-017-FF19 Page 153 of 411 13. If the Recipient recovers costs from another source that were incurred under this Agreement and reimbursed by FCT, the Recipient must reimburse FCT for all recovered funds. Interest on any refund will be based on the prevailing rate used by the State Board of Administration. Interest will be calculated from the dates the payments are recovered by the Recipient to the date repayment is made to FCT by the Recipient. 14. FCT must approve the terms under which the interest in land was acquired pursuant to Section 380.510(3), F.S. Such approval is deemed given when FCT approves and delivers the FCT award. 15. All real property must be obtained through a Voluntarily -Negotiated Transaction, as deemed in Rule 62-818.002(46), F.A. C. The use of or threat of condemnation is not considered a Voluntarily -Negotiated Transaction. V. NOTICE AND CONTACT 1. All notices between the Parties will be sent by electronic mail, U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by Recipient to: Florida Communities Trust 3900 Commonwealth Boulevard, MS#115 Tallahassee, FL 32399 Telephone: 850-245-2501 Email: floridacommunitiestrusttii floridaden.2ov 2. All contact and correspondence from FCT to the Recipient will be through the key contact as required by Rules 62-818 and 62-819, F.A.C. Recipient hereby notifies FCT that the following administrator, officer or employee is the authorized key contact on behalf of the Recipient for purposes of coordinating project activities for the duration of the Project: Name: Amy E. Griffin Organization: St. Lucie County Environmental Resources Department Title: Director Address: 2300 Virginia Avenue Fort Pierce, FL 34982 Telephone: 772/462-2531 E-mail: griffina(u stlucieco.orQ 3. The Recipient authorizes the administrator, employee, officer, or representative named in this paragraph, as Recipient's agent, to execute all documents connected to this Project on behalf of the Recipient, including this Agreement, any addenda, purchase agreement(s) for the property, the grant reconciliation statement, closing documents, statements submitted as a part of the Project Plan, and the Dedication of Public Use and Declaration of Restrictive Covenants. DEP Agreement No. F1917 Page 5 of 22 FCT Project No. 18-017-FF19 Page 154 of 411 Name: Howard N. Tipton or Successor Organization: St. Lucie County Title: County Administrator Address: 2300 Virginia Avenue Fort Pierce, FL 34982 Telephone: 772-462-1592 E-mail: tiytonHfa-,stlucieco.or1! 4. If different representatives or addresses are designated for NOTICE AND CONTACT, specified herein, after execution of this Agreement, notice of the changes must be rendered to FCT as provided in NOTICE AND CONTACT, paragraph V.1. above. 5. The Recipient hereby notifies FCT that the Recipient's Federal Employer Identification Number(s) is. 59-6000835. VI. PROJECT PLAN APPROVAL 1. Prior to the final disbursement of the FCT Award, the Recipient will submit a Project Plan that complies with Rule 62-819.011, F.A.C. FCT will not consider the Project Plan unless it is organized with a table of contents and includes the documents required by Rule 62- 819.011, F.A.C. to ensure that the interests of the State of Florida will be protected: a. A purchase agreement for acquisition of the Project Site, executed by the Owner(s) and the Recipient, based on one or more appraisals prepared consistent with Chapters 62- 819 and 18-1, F.A.C. b. A letter from the FCT indicating approval of the Management Plan. C. A statement of the total Project Costs as defined in Chapter 62-818, F.A.C. d. A statement of the amount of the FCT Award being requested. e. Supporting documentation that Recipient has satisfied any conditions imposed as part of the FCT Grant Agreement. f. A signed statement by the Recipient that the Recipient is not aware of any pending criminal, civil, or regulatory violations imposed on the Project Site by any governmental body or agency. g. Additional documentation requested by the FCT staff as reasonable assurance that the Recipient will be able to fulfill its obligations under the Grant Agreement, the Dedication to Public Use and Declaration of Restrictive Covenants, and Chapter 62-818, F.A.C. 2. The Recipient may, and is strongly encouraged to, request a courtesy review of its Project Plan prior to submitting it for approval. DEP Agreement No. F1917 Page 6 of 22 FCT Project No. 18-017-FF19 Page 155 of 411 FCT will not reimburse Project Costs until after FCT approval of the Project Plan. VII. REIMBURSEMENT REQUIREMENTS The Recipient must submit the following documents to FCT in order for FCT to disburse the grant funds: Documents associated with acquisition of the parcel(s): a. A copy of the Purchase Agreement(s) for sale and purchase of the parcel(s) between the Recipient and Arlyne A. Zorc. b. A copy of closing statements from Buyer(s) and Seller(s) for the purchase of the parcel(s). C. A copy of the recorded deed(s) conveying title of the parcel(s) to the Recipient. d. A copy of the appraisals of the parcel(s) required by Rule 62-819.007, F.A.C. e. Unless the requirement has been waived, a copy of a Certified Survey of the parcels that meet the requirements of Chapter 62-819, F.A.C., and are dated within ninety (90) days of the date the Recipient acquired the parcels. f. Copies of all title insurance commitments, including supporting documents, and title insurance policies, including any endorsements, issued in furtherance of the Recipient's acquisition of the parcel(s). Such policies must meet the requirements of Rule 62-819.005, F.A.C. g. A copy of environmental site assessments (ESA) of the parcels, certified to the Recipient, that meet the standards and requirements of American Society for Testing and Materials ("ASTM") Practice E 1527, and with a date of certification within 90 days of the date of acquisition of the parcel(s) by the Recipient, together with the statement required by Rule 62-819.012(4), F.A.C. 2. All invoices for approved Project Costs, with proof of payment, must be submitted to FCT Grant Manager and be in a detail sufficient for a proper pre -audit and post -audit thereof. 3. Rule 62-818.002(33), F.A.C. states that reasonable real estate fees or commissions that do not exceed $10,000.00 are eligible Project Costs. To maximize the Florida Forever funds for land acquisition, FCT will closely review each request for real estate fees or commissions to determine if the fee or commission is reasonable. FCT will not reimburse or pay any portion of real estate fees or commissions that FCT determines to be unreasonable. Recipient will be financially responsible for the portion of the real estate fees or commissions not paid by FCT. 4. The Recipient must provide the appraisal(s) and the remainder of the required DEP Agreement No. F1917 Page 7 of 22 FCT Project No. 18-017-FF19 Page 156 of 411 documents to FCT for review by a date not to exceed ninety (90) days after the execution of this Agreement unless the Recipient requests an extension. FCT may review the appraisals and other documentation and, upon approval, FCT will determine the maximum reimbursement amount as provided in Chapters 62-818 and 62-819, F.A.C. 5. Upon FCT's approval of the Project Plan and the required reimbursement documents, the FCT will provide the Recipient with the Grant Reconciliation Statement indicating the amount of funds to be reimbursed by FCT. VIII. MANAGEMENT PLAN; ANNUAL STEWARDSHIP REPORT 1. Prior to approval of the Project Plan and final disbursement of the FCT Award, the Recipient must submit to FCT and have approved a Management Plan that complies with Rule 62- 818.011, F.A.C., and addresses the criteria and conditions set forth in Articles VIII, IX, and X herein. 2. The Management Plan outlines how the Project Site will be managed to further the purposes of the Project and outlines the terms and conditions of this Agreement. The Management Plan should include the following types of information: a. An introduction containing the Project name, location, and other background information. b. The Recipient's purpose for acquiring the Project Site and a prioritized list of management objectives. C. A discussion of known natural resources including natural communities, listed plant and animal species, soil types, and surface and groundwater characteristics. d. A description of all proposed uses including existing and proposed physical improvements. e. A description of proposed restoration or enhancement activities, if any, including the objective of the effort and the techniques to be used. f. A scaled site plan drawing showing the Project Site boundary, existing and proposed physical improvements, and any natural resource restoration or enhancement areas. g. The identification and protection of known cultural or historical resources. h. A description of proposed educational displays and programs the Recipient will offer, if applicable. i. A description of how the Recipient will coordinate management of the site with other agencies and public lands, if applicable. DEP Agreement No. F1917 Page 8 of 22 FCT Project No. 18-017-FF19 Page 157 of 411 j. A schedule for implementing the development and management activities of the Management Plan. k. Cost estimates and funding sources to implement the Management Plan. 1. Coordination plan to allow for safe public access (except for designated construction zones) to the Project Site. The Recipient is responsible for maintaining the sections of the Project Site that are safe and not under construction open and accessible to the public. 3. If the Recipient is not the proposed managing entity, the Management Plan must include a signed management agreement between the Recipient and the managing entity providing criteria for site management and identifying the source of management funding. The managing entity must comply with the approved Management Plan. The Recipient is ultimately responsible for overseeing compliance with the Management Plan and the fulfillment of all Management Plan terms and is liable for any violations of the Management Plan. 4. If the Recipient is a partnership, the Recipient must also provide FCT with the interlocal agreement that sets forth the relationship among the partners and the fiscal and management responsibilities and obligations incurred by each partner for the Project Site as a part of its Management Plan. 5. To ensure that future management funds will be available for the management of the site in perpetuity pursuant to Section 259.105 and Chapter 380, Part III, F.S., the Recipient may be required to provide FCT with Reasonable Assurance, pursuant to Rule 62-818.002(36), F.A.C., that it has the financial resources, background, qualifications, and competence to manage the Project Site in perpetuity in a reasonable and professional manner. Where the Recipient does not include at least one local government, FCT requires the Recipient to do one, or more, of the following: (i) post a performance or other bond in an amount sufficient to ensure that the Project Site is reasonably and professionally managed in perpetuity; (ii) establish an endowment or other fund in an amount sufficient to ensure performance; (iii) provide a guaranty or pledge by the local government having jurisdiction over the Project Site requiring the local government to take over the responsibility for management of the Project Site in the event the Recipient is unable to; (iv) require the local government to be a named co-signer on the Dedication to Public Use and Declaration of Restrictive Covenants; or (v) provide such other assurances as the Governing Board may deem necessary to adequately protect the public interest. 6. The Recipient must, through its agents and employees, prevent any use of the Project Site that is not in conformity with the FCT-approved Management Plan. 7. As required by Rule 62-818.013, F.A.C., after FCT reimbursement of Project Costs, the Recipient must prepare and submit to FCT a stewardship report that documents the progress made toward implementing the Management Plan. Initially the Recipient must submit the report annually, but after completion of the Project the Trust may, in its discretion, transfer the report to a five-year review schedule. DEP Agreement No. F1917 Page 9 of 22 FCT Project No. 18-017-FF19 Page 158 of 411 IX. SPECIAL MANAGEMENT CONDITIONS Based on the Management Plan, points awarded in scoring the application, and observations made by FCT staff during the site visit described in Rule 62-818.009, F.A.C., the Recipient is required to provide the following: 1. FCT Sign - The Recipient must maintain a permanent FCT recognition sign, a minimum of 3' x 4', at the entrance area of the Project Site and visible to the public. The sign must include the FCT logo and acknowledge that the Project Site was purchased with funds from the Florida Communities Trust Program (and the Recipient if Recipient provided a match). The sign should include the date the site was acquired. 2. Recreational Facilities - The Recipient must provide at least two recreational facilities such as an observation deck and a fishing pier. The Recipient should endeavor to place facilities and site improvements on previously disturbed areas to the greatest extent possible. 3. Trails - The Recipient must provide a land -based walking, nature, bike, equestrian, or multi -use trail of at least 1/2 mile on the Project Site. Park benches must be provided along the trail. 4. Inte-rpretation - The Recipient must provide interpretive kiosk(s) on the Project Site to educate visitors about the natural environment and the unique history of the area. 5. Education Programs - The Recipient must provide at least six regularly scheduled environmental or historical education classes or programs per year at the Project Site conducted by trained educators or resource professionals. 6. Listed Species Habitat - The Recipient must manage the Project Site in a manner that protects that protects habitat recognized as typically suitable for one or more listed animal species. 7. Locally Significant and Strategic Habitat Conservation - The Recipient must manage the Project Site in a manner that protects and enhances the listed and non -listed native wildlife species and their habitat, including the Locally Significant Natural Areas and Strategic Habitat Conservation Areas found onsite. 8. Vegetative Enhancement - The Recipient must plant approximately 5 acres of disturbed uplands with native vegetation. The Recipient must plant approximately 600 linear feet of disturbed shoreline with native vegetation. 9. Water Quality Facility - The Recipient must improve the quality of surface waters or address current flooding problems occurring on, adjacent to, or close to the Project Site. The water quality facility must be designed to have a park -like or natural setting. DEP Agreement No. F1917 Page 10 of 22 FCT Project No. 18-0174719 Page 159 of 411 10. Water Quality - The Recipient must develop and manage the Project Site in a manner that will protect the adjacent Outstanding Florida Waters of the North Fork, St. Lucie Aquatic Preserve. 11. Archaeological and Historic Resources - The Recipient must develop and manage the Project Site to ensure the preservation of historical, cultural, or archaeological features on the Project Site. 12. Park Addition - The Recipient must manage the Project Site as an addition to the North Fork Addition, FCT # 99-025-P9A. 13. Ecological Corridor - The Recipient must protect and manage the Project Site as part of an ecological corridor within the county's designated North Fork St. Lucie River Corridor. X. DEDICATION TO PUBLIC USE AND DECLARATION OF RESTRICTIVE COVENANTS REQUIREMENTS IMPOSED BY CHAPTERS 259 AND 380, PART III, F.S. 1. Each parcel in the Project Site will be subject to a Dedication of Public Use and Declaration of Restrictive Covenants describing the parcel and containing such covenants and restrictions as are, at a minimum, sufficient to ensure that the use of the Project Site at all times complies with Sections 375.051 and 380.510, F.S.; Section 11(e), Article VII of the Florida Constitution. The Dedication to Public Use and Declaration of Restrictive Covenants must contain clauses providing for the conveyance of title to the Project Site, as applicable, to the Board of Trustees of the Internal Improvement Trust Fund ("Trustees") upon failure to comply with any of the covenants and restrictions, as further described below. 2. The Dedication to Public Use and Declaration of Restrictive Covenants must also restate the conditions that were placed on the Project Site at the time of project selection and initial grant approval. The Dedication to Public Use and Declaration of Restrictive Covenants must be executed by FCT and the Recipient at the time of grant disbursement and must be recorded by the Recipient in the public records of the county(s) where the Project Site is located. 3. If any essential term or condition of the Dedication to Public Use and Declaration of Restrictive Covenants is violated by the Recipient or by some third party with the knowledge of the Recipient, the Recipient will be notified of the violation by written notice given by electronic mail, personal delivery, registered mail, or registered expedited service. The Recipient must diligently proceed to cure the violation and will complete the cure within thirty (30) days after receipt of notice of the violation. If the problem cannot reasonably be cured within the specified thirty (30) days, the Recipient may submit a written request to FCT for an extension. The request must include the status of the current activity, the reasons for the delay, and a time frame for the completion of the cure. FCT will respond within thirty (30) days of receiving the request, and approval of the request will not be unreasonably withheld. It is FCT's position that all curing activities must be completed within one hundred twenty (120) days of the Recipient's notification of the violation. If the Recipient can demonstrate extenuating circumstances that justify a greater DEP Agreement No. F1917 Page 11 of 22 FCT Project No. 18-017-FF19 Page 160 of 411 extension of time to complete the activities, FCT will consider the request. If the Recipient fails to correct the violation within either (a) the initial thirty (30) days or (b) the time frame approved by FCT pursuant to the Recipient's request, fee simple title to all interest in the Project Site must be conveyed to the Trustees. FCT will treat such property in accordance with Section 380.508(4), F.S. XI. GENERAL OBLIGATIONS OF THE RECIPIENT AS A CONDITION OF PROJECT FUNDING 1. The interest acquired by the Recipient in the Project Site will not serve as security for any debt of the Recipient. 2. If the existence of the Recipient terminates for any reason, title to the Project Site must be conveyed to the Trustees. 3. Following the acquisition of the Project Site, the Recipient will ensure that the future land use and zoning designation assigned to the Project Site is for a category dedicated to open space, conservation, or outdoor recreation uses, as appropriate. If an amendment to the applicable comprehensive plan is required, the amendment must be proposed at the next comprehensive plan amendment cycle available to the Recipient subsequent to the Project Site's acquisition. Recipient's failure to obtain the required future land use and zoning designation dedicated to open space, conservation, or outdoor recreation uses, or obtain a variance or other approval that permits the use of the Project Site as an open space, conservation, or for outdoor recreation use in accordance with the Management Plan, will constitute a violation of an essential term of the Award. 4. FCT staff or its duly authorized representatives will have the right at any time to inspect the Project Site and the operations of the Recipient at the Project Site. 5. The Project Site will permanently contain one sign recognizing FCT's role in the acquisition of the Project Site. Recipient will permanently display the FCT sign at the Project Site within ninety (90) days of the final disbursement of the FCT Award. In addition, within such 90- day period, Recipient will deliver a color photograph of the installed FCT Project sign to the FCT. XII. OBLIGATIONS OF THE RECIPIENT RELATING TO THE USE OF STATE FUNDS l . FCT is authorized by Section 380.510, F.S. to impose conditions for funding on the Recipient in order to ensure that the Project complies with the requirements under law. 2. The Recipient agrees and acknowledges that the transactions, events, and circumstances itemized below (collectively, the "disallowable activities") may violate the covenants and restrictions imposed on the site: a. Any sale or lease of any interest in the Project Site to a non -governmental person or organization. DEP Agreement No. F1917 Page 12 of 22 FCT Project No. 18-017-FF19 Page 161 of 411 b. The operation of any concession on the Project Site by a non -governmental person or organization without FCT approval. C. Any sales contract or option to buy or sell things attached to the Project Site to be severed from the Project Site with a non -governmental person or organization. d. Any use of the Project Site by a non -governmental person other than in such person's capacity as a member of the public. e. A management contract for the Project Site with a non -governmental person or organization without an FCT-approved management agreement. f. Other activity that may be specified from time to time in writing by FCT to the Recipient. 3. If the Project Site, after its acquisition by the Recipient and/or the Trustees, is to remain subject to any of the disallowable activities, the Recipient will provide notice to FCT, as provided for in paragraph VA., at least sixty (60) calendar days in advance of any such transactions, events, or circumstances, and will provide to FCT such information as FCT reasonably requests in order to evaluate for approval or denial the legal consequences of such disallowable activities . 4. In the event that FCT determines at any time that the Recipient is engaging, or allowing others to engage, in disallowable activities on the Project Site, the Recipient will immediately cease or cause the cessation of the disallowable activities upon receipt of written notice from FCT. In addition to all other rights and remedies at law or in equity, FCT has the right to seek temporary and permanent injunctions against the Recipient for any disallowable activities on the Project Site. DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE RECIPIENT AND OTHER GOVERNMENTAL BODIES, NONPROFIT ENTITIES, OR NON- GOVERNMENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE IN NO WAY RELIEVES THE RECIPIENT OF THE RESPONSIBILITY TO ENSURE THAT THE CONDITIONS IMPOSED ON THE PROJECT SITE ARE FULLY COMPLIED WITH BY THE CONTRACTING PARTY. XIII. RECORDKEEPING; AUDIT REQUIREMENTS 1. The Recipient will maintain books, records, and documents directly pertinent to performance under this Agreement in accordance with United States Generally Accepted Accounting Principles (U.S. G.A.A.P.) consistently applied. FCT, the State, or their authorized representatives will have access to such records for audit purposes during the term of this Agreement and for five (5) years following the completion date or termination of the Agreement. In the event any work is subcontracted, the Recipient must require each subcontractor to maintain and allow access to such records for audit purposes. Upon request of Department's Inspector General, or other authorized State official, Grantee will provide any type of information the DEP Agreement No. F1917 Page 13 of 22 FCT Project No. 18-017-FT19 Page 162 of 411 Inspector General deems relevant to Grantee's integrity or responsibility. Such information may include, but is not limited to, Grantee's business or financial records, documents, or files of any type or form that refer to or relate to Agreement. The Grantee will retain such records for the longer of: (1) three years after the expiration of the Agreement; or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: http: //dos. myll orida. com/library-archives/records-manggemMt/general-records-schedulesl). a. The Recipient understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the Department's Inspector General in any investigation, audit, inspection, review, or hearing. The Recipient will comply with this duty and ensure that its subrecipients and/or subcontractors issued under this Agreement, if any, impose this requirement, in writing, on its subrecipients and/or subcontractors, respectively. b. FCT personnel will be given access to and may observe and inspect work being performed under this Agreement, with reasonable notice and during normal business hours, including by any of the following methods: i. Recipient will provide access to any location or facility where Recipient is performing work, or storing or staging equipment, materials, or documents; ii. Recipient will permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and iii. Recipient will allow and facilitate sampling and monitoring of any substances, soils, materials, or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. C. In addition to the requirements of the preceding paragraph, the Recipient will comply with the applicable provisions contained in Attachment A, Special Audit Requirements. Exhibit 1 to Attachment A summarizes the funding sources supporting the Agreement for purposes of assisting the Recipient in complying with the requirements of Attachment A. A revised copy of Exhibit 1 must be provided to the Recipient for each amendment that authorizes a funding increase or decrease. If the Recipient fails to receive a revised copy of Exhibit 1, the Recipient must notify the key contact with FCT to request a copy of the updated information. d. The Recipient is hereby advised that the Federal and/or Florida Single Audit Act Requirements may apply to lower tier transactions resulting from this Agreement. The Recipient will consider the type of financial assistance (federal and/or state) identified in Attachment A, Exhibit 1 when making this determination. For state financial assistance, the Recipient will use the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs. Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: hops://Mps.fldfs.com/fsaa DEP Agreement No. F1917 Page 14 of 22 FCT Project No. 18-017-FF19 Page 163 of 411 The Recipient should confer with its chief financial officer, audit director, or contact the FCT for assistance with questions pertaining to the applicability of these requirements. XIV. DEFAULT; REMEDIES; TERNIINATION 1. If the necessary funds are not available to fund this Agreement because of action by the Florida Legislature or the Office of the State Chief Financial Officer, or if any Defaults occur, as described below, all obligations on the part of FCT to make any further payment of funds hereunder will terminate and FCT may exercise any of the remedies set forth herein. If FCT makes any payments or parts of payments after an Event of Default, such payment will not waive FCT's right to exercise such remedies, and will not obligate FCT to make any further payments. 2. The following actions constitute a Default: a. If FCT finds that any warranty or representation made by the Recipient in this Agreement, or in any document provided to FCT, is false or misleading in any respect. b. If the Recipient fails to perform any of the terms or covenants contained in this Agreement and has not cured such failure in timely fashion, or is unable or unwilling to meet its obligations hereunder; or C. If any material adverse change in the Recipient's financial condition occurs during the term of this Agreement and the Recipient fails to cure the material adverse change within thirty (30) days from the date written notice is sent to the Recipient by FCT; or d. If any reports or documents required by this Agreement have not been timely submitted to FCT or have been submitted with incorrect, incomplete, or insufficient information; or e. If the Recipient fails to perform any of its obligations under this Agreement in a timely fashion; or f. If the Recipient fails to comply with Project deadlines set forth in the approved Management Plan; or g. If the Recipient fails to keep the Project Site open to the public. 3. Upon the happening of a Default, FCT may, after giving thirty (30) calendar days' notice, exercise any one or more of the following remedies, either concurrently or consecutively. The pursuit of any one of the following remedies will not preclude FCT from pursuing any other remedies contained herein or otherwise provided at law or in equity: a. Terminate this Agreement, provided the Recipient is given at least thirty (30) calendar days' prior written notice of such termination. The notice will be effective upon the date of the letter. Notification will be given pursuant to Section V. DEP Agreement No. F1917 Page 15 of 22 FCT Project No. 18-017-FF19 Page 164 of 411 b. Commence an appropriate legal or equitable action to enforce performance of this Agreement. C. Withhold or suspend payment of all or any part of the FCT Award. d. Exercise any corrective or remedial actions, including, but not limited to, requesting additional information from the Recipient to determine the reasons for or the extent of non- compliance or lack of performance or issuing a written warning to advise that more serious measures may be taken if the situation is not corrected. e. Exercise any other rights or remedies that are otherwise available under law, including, those described in paragraph IX.3. 4. FCT may terminate this Agreement for cause upon written notice to the Recipient. Cause may include, but is not limited to: default; fraud; lack of compliance with applicable rules, laws, and regulations; failure to perform in a timely manner; failure to make significant progress toward Project Plan and Management Plan approval; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, F.S., as amended. 5. FCT may terminate this Agreement if it determines, in its sole discretion, that the continuation of the Agreement would not produce beneficial results commensurate with the further expenditure of funds. 6. The Recipient may request termination of this Agreement before reimbursement by a written request fully describing the circumstances that compel the Recipient to terminate the Project. A request for termination must be provided to FCT in a manner described in paragraph V.1. XV. PUBLIC RECORDS ACCESS 1. Recipient must comply with Florida Public Records Law under Chapter 119, F.S. Records made or received in conjunction with this Agreement are public records under Florida law, as defined in Subsection 119.011(12), F.S. Recipient must keep and maintain public records required by the FCT to perform the services under this Agreement. 2. This Agreement may be unilaterally canceled by the FCT for refusal by the Recipient to either provide to the FCT upon request, or to allow inspection and copying, of all public records made or received by the Recipient in conjunction with this Agreement and subject to disclosure under Chapter 119, F.S., and Article I, Section 24(a), Florida Constitution. 3. If Recipient meets the definition of "Contractor" found in Paragraph 119.0701(1)(a), F.S.; [i.e., an individual, partnership, corporation, or business entity that enters into a contract for services with a public agency and is acting on behalf of the public agency], then the following requirements apply: DEP Agreement No. F1917 Page 16 of 22 FCT Project No. 18-017-FF19 Page 165 of 411 a. Pursuant to Section 119.0701, F.S., a request to inspect or copy public records relating to this Agreement for services must be made directly to the FCT. If the FCT does not possess the requested records, the FCT will immediately notify the Recipient of the request, and the Recipient must provide the records to the FCT or allow the records to'be inspected or copied within a reasonable time. If Recipient fails to provide the public records to the FCT within a reasonable time, the Recipient may be subject to penalties under Section 119.10, F.S. b. Upon request from the FCT's custodian of public records, Recipient must provide the FCT with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. C. Recipient must identify and ensure that all public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Recipient does not transfer the records to the FCT. d. Upon completion of the Agreement, Recipient must transfer, at no cost to FCT, all public records in possession of Recipient or keep and maintain public records required by the FCT to perform the services under this Agreement. If the Recipient transfers all public records to the FCT upon completion of the Agreement, the Recipient may destroy any duplicate public records that are exempt or confidential and exempt from public disclosure requirements. If the Recipient keeps and maintains public records upon completion of the Agreement, the Recipient must meet all applicable requirements for retaining public records. All records that are stored electronically must be provided to the FCT, upon request from the FCT's custodian of public records, in a format that is accessible by and compatible with the information technology systems of the FCT. E. IF THE RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE RECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE FCT'S CUSTODIAN OF PUBLIC RECORDS by telephone at (850) 245- 21189 by email at ombudsman de .state.fl.us or at the mailing address below: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Blvd, Mail Slot 49 Tallahassee, FL 32399 DEP Agreement No. F1917 Page 17 of 22 FCT Project No. 18-017-FF19 Page 166 of 411 XVI. LEGAL AUTHORIZATION The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind the Recipient to the terms of this Agreement. XVII. SCRUTINIZED COMPANIES 1. In executing this Agreement, the Recipient certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to Section 287.135, F.S., the FCT may immediately terminate this Contract at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Contract. 2. If this Agreement is for more than one million dollars, the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135, F.S., the FCT may immediately terminate this Contract at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Contract. 3. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions then they will become inoperative. XVIII. STANDARD CONDITIONS 1. The Recipient and all its agents will comply with all federal, state, and local regulations, including but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Recipient will include this provision in all subcontracts issued as a result of this Agreement. 2. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, will be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. 3. This Agreement is governed by and will be construed in accordance with the laws of the State of Florida. 4. Any dispute concerning performance of the Agreement will be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the Second Judicial Circuit, in and for Leon DEP Agreement No. F1917 Page 18 of 22 FCT Project No. 18-017-FF19 Page 167 of 411 County. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 5. The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. 6. Pursuant to Sections 287.133 and 287.134, F.S., the following restrictions apply to persons placed on the convicted vendor list or the discriminatory list: a. 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, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a Grantee, 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, F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. b. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies 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. The Grantee must notify the FCT if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list or the discriminatory vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and posts the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487-0915. 7. The Recipient agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to Section 216.347, F.S., except that pursuant to the requirements of Section 287.058(6), F.S., during the term of any executed agreement between Recipient and the State, Grantee may lobby the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that agreement. The Recipient must comply with Sections 11.062 and 216.347, F.S. 8. The employment of unauthorized aliens by any recipient is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the Recipient knowingly employs DEP Agreement No. F1917 Page 19 of 22 FCT Project No. 18-017-FF19 Page 168 of 411 unauthorized aliens, such violation is cause for unilateral cancellation of this Agreement. The Recipient is responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. 9. The Recipient will comply with all applicable federal, state, and local rules and regulations in providing services to the FCT under this Agreement. The Recipient acknowledges that this requirement includes, but is not limited to, compliance with all applicable federal, state, and local health and safety rules and regulations. The Recipient further agrees to include this provision in all subcontracts issued pursuant to this Agreement. 10. The Recipient will require any subcontractors under this Contract to save and hold harmless and indemnify the State of Florida and the Department against any and all liability, claims, judgments, or costs for injury to, or death of, any person or persons and for the loss of damage to any property resulting from the use, service, operation, or performance of work under the terms of this Contract resulting from the negligent acts of the subcontractor, or any employees, agents, or representatives of the subcontractor. This provision must be included in any subcontract issued pursuant to this Contract. 11. As a political subdivision of the State of Florida, the Recipient's liability is regulated by Florida law. Except for negligent acts or omissions of its employees acting within the course and scope of their employment, the Recipient will not indemnify any entity or person and, then such indemnification is limited to the express terms of Section 768.28, Florida Statutes. The Recipient is self -insured to the extent of its liability under law and any liability in excess of that specified in statute may be awarded only through special legislative action. Accordingly, the Recipient's liability and indemnification obligations in this contract are effective only to the extent expressly required by 768.28, Florida Statutes or other limitations imposed on the Recipient's potential liability under state or federal law. 12. To the extent required by law, the Recipient will be self -insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of its employees connected with the work of this Project and, in case any work is subcontracted, the Recipient must require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Recipient. Such self-insurance program or insurance coverage must comply fully with the Florida Workers' Compensation law. hi case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Recipient must provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his employees not otherwise protected. a. Recipient's chief financial officer ("CFO") must provide self-insurance documentation to FCT prior to execution of this Agreement and upon any subsequent changes relating to the terms or insurance carrier. 13. The Recipient, as an independent contractor and not an agent, representative, or employee of the FCT, agrees to carry adequate liability and other appropriate forms of insurance. The FCT has no liability except as specifically provided in this Agreement. DEP Agreement No. F1917 Page 20 of 22 FCT Project No. 18-017-FF19 Page 169 of 411 14. This Agreement, and any amendments related to this Agreement, may be executed in counterparts, each of which will be an original and all of which constitutes the same instrument. In accordance with the Electronic Signature Act of 1996, electronic signatures, including facsimile transactions, may be used and will have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to this Agreement. 15. This Agreement embodies the entire agreement between the Parties. Any alterations, variations, changes, modifications, or waivers of provisions of this Agreement are only valid when they have been reduced to writing, duly signed by each of the Parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. F1917 Page 21 of 22 FCT Project No. 18-017-FF19 Page 170 of 411 IN WITNESS WHEREOF, the Parties hereto have duly executed this Agreement. RECIPIENT: ST. LUCIE COUNTY a Florida local government By:&�id,a- 66A Print Name: Linda Bartz Title: Chair Date: August 13, 2019 Approved a F i a By: Print Name: Daniel S. clryi Date: August 13, 2019 FLORIDA COMMUNITIES TRUST, STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL PROTECTION By: ecretary or designee Print Name: lip Title: ,: 1, 41 v -D(Sri Sc n- s `'bp Date: fI le // Approved as to Fo and Le h By: r Print Name: G-- Date: I —'e:) _ l List of attachments/exhibits included as part of this Agreement: Specify Letter/ Type Number Description(include number of p a:! es ) Attachment A Special Audit Requirements (5 Pages) ATTESTED EYr Clerk DEP Agreement No. F1917 Page 22 of 22 FCT Project No. 18-017-FF 19 Page 171 of 411 ATTACHMENT A SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the 'Department", 'DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised, 2 CFR Part 200, Subpart F, and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised (for fiscal year start dates prior to December 26, 2014), or as defined in 2 CFR §200.330 (for fiscal year start dates after December 26, 2014). In the event that the recipient expends $500,000 ($750,000 for fiscal year start dates after December 26, 2014) or more in Federal awards in its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F. If the recipient expends less than $500,000 (or $750,000, as applicable) in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, is not required. In the event that the recipient expends less than $500,000 (or $750,000, as applicable) in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at www.cfda.uov DEP Agreement No. F1917, Attachment A Page 1 of 5 FCT Project No. 18-017-FF19 Rev. 5/24/19 Page 172 of 411 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(n), Florida Statutes. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient, the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the 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 1 to this Attachment indicates state financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, 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 addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. If the recipient expends less than $750,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state financial assistance in its 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 non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https://al)ps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at htip://www.leg.state.fl.us/Welcome/index.cfm, State of Florida's website at http://www.myflorida.com/, Department of Financial Services' Website at.htip://www.fldfs.com/ and the Auditor General's Website at httu://www.mvflorida.com/audpen/. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i. e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F and required'by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, by or on behalf of the recipient directly to each of the following: DEP Agreement No. F1917, Attachment A Page 2 of 5 FCT Project No. 18-017-FF19 Rev. 5/24/19 Page 173 of 411 A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEP SingleAudit(d}dep. state. fl.us B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised, and 2 CFR §200.501(a) (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, and 2 CFR §200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at http://harvester.census.pov/facweb/ C. Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised, and 2 CFR §200.512. Pursuant to Section .320(f), OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, and any management letters issued by the auditor, to the Department of Environmental Protection at one the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAuditCci dep.stale. fl. us Copies of financial reporting packages required by PART H of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 DEP Agreement No. F1917, Attachment A Page 3 of 5 FCT Project No. 18-017-FF19 Rev. 5124/19 Page 174 of 411 Electronically: FDEPSingleAudit(ri<dep. state. fl.us B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building I I I West Madison Street Tallahassee, Florida 32399-1450 Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSin leAudit a)d .state.fl.us 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, as revised and 2 CFR Part 200, Subpart F, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. F1917, Attachment A Page 4 of 5 FCT Project No. 18-017-FF19 Rev. 5/24/19 Page 175 of 411 W) 4. O V') N c� P•r c O cd c� Page 176 of 411 -N ......:.:. rT . .k Ft. Pierce G s \ O POIt— i St. Lucie a NF II Addition- Zorc Property Exhibit K- Conceptual Site Plan 01 North Fork IV r c.) Q j Petravice Preserve Parking Lot - (11-054-FF11) w Work Camper a Amenities are in Planning , }� Footbridges &Boardwalks f & Design Phase _ 4: Esitmated completion 2019 , Observation & Fishing Platform .................. rise ::..:.':.....•.'.'....: `: River's Edge " i t < ....'.' _ Kiosks Elementary ; ScIlOOI yr j 1� `�-♦--`A� Wildlife Blind r North Fork II ° Picnic Pavillion r Capt. Hammonds. L ��1� Hammock Preserve ' Kayak Dock 9 ►' VO (01-098-FF1) a, Q Benches :.•.. .7 Trail , dock & kiosk are in place. - Proposed Greenway and Trail Benches, campgrounds NEW Petravice Trail V �0 a & composting toilets f•��.1 esitmated to be complete 2019 ■■■i Captain Hammond's Trail Suspension Bridge Restoration Area -r 0i Shoreline Invasive Removal & Replanting �� �+► tt"� Q Preserve Boundary Property � Zorc p Y Boundary e y', Primitive Campground NF II Addition- Zorc Property pg ::. - Public Lands ...:....:: N North Fork St. Lucie River Oxbow Eco-Center - ��:',.�I® Furrow ditches � �• , • SFWMD Owned - - '~ '''' ...': to be;restored� ..:..:..::...:::... SLC Managed &°replanted _0611le an tentedly SLCfor rerence only. O MUMIManaged _ TFor mo el nlformation please contact the }i Environmental Resources Department - Lands Division at 772-462-2897. 6IS-MAPPING ThompsonAm 1 9/14/2018 1 V:\Project Files\ERD Lands\Zorc-Kerr Parcel\MXD\Zorc Exhibit K_conceptual site map.mxd St. Lucie County _ 0 437.5 875 1,750 2,625 3,500 Board of County Commissioners • a Feet 2018 Ortho - Aerial Environmental Resources Department Page 177 of 411 8.C.5. 2019-46656 CONSENT AGENDA -COUNTY ATTORNEY AGENDA REQUEST DATE: 8/13/2019 *ACTION ITEM -AGREEMENT TO: Board of County Commissioners PRESENTED BY: JoAnn Riley, Property Acquisition Manager SUBMITTED BY: County Attorney SUBJECT: Grant Agreement - Florida Communities Trust - FCT Project Number 18-017-FF19 - North Fork II Addition (Zorc Parcels) BACKGROUND: The Zorc property was reviewed, ranked as an "A" (highest quality), and recommended acquisition for preservation purposes by the Land Acquisition Selection Committee (LASC). The Zorc property is 20.25 acres with approximately 1,520 linear feet of continuous shoreline along the North Fork of the St. Lucie River. The property was specifically targeted to fill the gaps in the North Fork of the St. Lucie River Greenway which currently contains over 1,600 publicly owned and managed acres extending along a twelve mile corridor in St. Lucie County. The intent of the project is to appropriately use, conserve and restore the Aquatic Preserve and Outstanding Florida Waterway and provide recreational opportunities including completion of the North Fork component of the St. Lucie County Greenways and Trails and Paddling Trail programs. On November 1, 2016, the Board of County Commissioners approved the Contract for Sale and Purchase of the Zorc property. On February 7, 2017, the Board of County Commissioners approved an Addendum to the Contract for Sale and Purchase to extend the closing date. On April 28, 2017, St. Lucie County acquired the Zorc property. On August 30, 2018, Environmental Resources submitted a Florida Communities Trust (FCT) grant reimbursement application. On June 6, 2019, the FCT Governing Board approved reimbursement funding of $264,236.21 (50% of the purchase price). The attached Grant Agreement sets forth the procedures for reimbursement and guides the future Page 178 of 411 management and use of the project lands. Environmental Resources has reviewed and approved the Grant Agreement and Special Management Conditions. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board approve the grant contract for the North Fork II Addition, authorize the Chair to sign the contact and direct staff to return to Florida Communities Trust. COMMISSION ACTION: RESULT: Adopt MOVER: Commissioner District 2 Sean Mitchell SECONDER: Commissioner District 4 Frannie Hutchinson AYES: Chris Dzadovsky, Sean Mitchell, Linda Bartz, Cathy Townsend, Frannie Hutchinson NAYS: None EXCUSED: None Coordination/Signatures Amy Griffin, Environmental Resources Director 7/29/2019 a'�YE- Daniel McIntyre, County Attorney 7/31/2019 Mark Satterlee, Deputy County Administrator 7/31/2019 Page 179 of 411 ITEM NO. (ID # 4018) TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners JoAnn Riley, Property Acquisitions Manager Property Acquisition Division DATE: 02/07/2017 *CONSENT AGENDA\COUNTY ATTORNEY Second Addendum to Contract for Sale and Purchase - Zorc Property The Board approved the Contract for Sale and Purchase and Addendum on the Zorc Property on November 1, 2016 with a closing date of January 31, 2017. A boundary survey showing the mean high water line and environmental site assessment have not been completed. On August 3, 1937, the Board of County Commissioners abandoned the roads in the Riverdale Yacht Club Estates pursuant to Minute Book 6, Page 313. It appears that the 1937 abandonment's failure to include certain paper roads was a mistake that inadvertently landlocked the property. As a result staff believes that the paper roads should be calculated in the purchase price. The purpose of the Second Addendum is also to extend the closing date to April 28, 2017. PREVIOUS ACTION: November 1, 2016 - Board approved Contract for Sale and Purchase and Addendum for the Zorc Property. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board approve the Second Addendum to the Contract for Sale and Purchase on the Zorc property, authorize the Chairman to sign the Addendum and direct staff to proceed with the closing including the property where the paper roads are located in the purchase price and record the Warranty Deed in the public records of St. Lucie County. COMMISSION ACTION: Page 180 of 411 RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS] MOVER: Tod Mowery, District No. 2, Vice -Chairman SECONDER: Linda Bartz, District No. 3 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend Coordination/Signatures anie 5. McIntyre, c my ttorney 1/31/2017 Updated: 1/31/2017 5:01 PM by JoAnn Riley Page 2 Page 181 of 411 ITEM NO. (ID # 3853) AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: JoAnn Riley, Property Acquisitions Manager SUBMITTED BY: Property Acquisition Division DATE: 11/01/2016 *CONSENT AGENDA\COUNTY ATTORNEY SUBJECT: Contract for Sale and Purchase - Zorc Property - Parcel ID 3409-701-0002- 000/0, 3409-702-0047-000/0, 3409-702-0039-000/1, 3409-702-0031- 000/5, 3409-702-0005-000/4, 3409-702-0008-000/5 BACKGROUND: The Zorc property was reviewed, ranked as an "A" (highest quality), and recommended acquisition for preservation purposes by the Land Acquisition Selection Committee (LASC). Environmental Resources Department staff supports LASC's ranking and recommendation. The Zorc property is 20.93 acres with 1,520 linear feet of continuous shoreline along the North Fork of the St. Lucie River. The majority of the site consists of mixed native upland and wetland habitats (floodplain forest, mesic flatwoods, and hydric hammock), however a small portion consists of disturbed areas (Brazilian pepper and lawn) which include a single-family residential house. The primary management goal will be to preserve and manage the high quality native habitats located within the site and provide a critical link along the St. Lucie River Aquatic Preserve shoreline/North Fork of the St. Lucie River ecological corridor. The property was specifically targeted to fill the gaps in the North Fork of the St. Lucie River Greenway which currently contains over 1,600 publicly owned and managed acres extending along a twelve mile corridor in St. Lucie County. The intent of the project is to appropriately use, conserve and restore the Aquatic Preserve and Outstanding Florida Waterway and provide recreational opportunities including completion of the North Fork component of the St. Lucie County Greenways and Trails and Paddling Trail programs. The property owners had an appraisal prepared with a value of $588,000. The County had two appraisals prepared, per County policy for properties estimated to exceed $500,000; Fuller-Armfield-Wagner's fair market value was $500,000 and Callaway and Price's value was $475,000. Property Acquisition presented an offer of $500,000. Ms. Zorc made a counter-offer of $528,000 which is an approximate average of the three appraisals. Specific contingencies were included in the proposed agreement including 1) if the survey discloses a variance of greater than 2 acres at $20,000 per acre, Ms. Zorc will reserve the right to terminate the contract; 2) if the boundary survey is greater than 22.93 acres the County has the right to terminate this Contract; and 3) Ms. Zorc wishes to retain the right for a period of five (5) years after the purchase of the property to erect a sign of suitable quality and appearance naming the property in honor of Ms. Zorc's family (family name Kerr). Page 182 of 411 The County requested Deighan Consultants review the appraisals prior to making the offer to Ms. Zorc and to determine if the counter-offer of $528,000 was in their range of value. Deighan Consultants agreed with the value of the counter-offer. Staff agrees with the counter-offer but would like to add to the Addendum that the sign be approved by the County and if the County should receive funding at a future date the name of the funding source can be added to the sign. Sufficient funds are available in the State Revenue Bond Share fund (Greenways and Trails Fund) 317- 3920-561000-1905. If acquired, staff will apply for Florida Communities Trust grant funding to seek reimbursement for fifty percent of the acquisition costs. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Sufficient funds are available in the State Revenue Bond Share Fund (Greenways and Trails Fund) 317- 3920-561000-1905. RECOMMENDATION: Staff recommends the Board approve the Contract for Sale and Purchase with Arlyne Zorc for the purchase price of $528,000.00, authorize the Chairman to sign the contract and addendum with the addition of the sign needs to be approved by the County and in the future if funding is obtained the name of the funding source can be added to the sign, direct staff to proceed with the closing and record the Warranty Deed in the public records of St. Lucie County. COMMISSION ACTION: RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Frannie Hutchinson, District No. 4 AYES: Johnson, Dzadovsky, Mowery, Lewis, Hutchinson Coordination/Signatures o-A �Dka]nieYS. McIntyre, C my ttorney 10/20/2016 Jeer Hill, O fice of Dana and Budget Director 10/20/2016 Updated: 10/24/2016 4:04 PM by Katrina Slay Page 2 Page 183 of 411 1�r E --- AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: JoAnn Riley, Property Acquisition Manager SUBMITTED BY: Property Acquisition Division 8.C.10. 2020-50579 CONSENTAGENDA- COUNTY ATTORNEY DATE: 12/1/2020 *ACTION ITEM - AGREEMENT SUBJECT: 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 BACKGROUND: On December 19, 2016, the Clerk of the Circuit Court offered Parcel ID 2409-602-0292-000-2, 2409-603-0055- 000-2 and 2409-818-0026-000-0 for sale via Internet Auction and there were no bidders. Pursuant to Section 197.502(7) Florida Statutes, the parcels were placed on the "lands available for taxes." Pursuant to Section 197.502(8) Florida Statutes, three years after the day the land was offered for public sale, the land shall escheat to the County in which it is located. The parcels escheated to St. Lucie County and Escheatment Tax Deeds were recorded, please see attached copies. Pursuant to Florida Statute 197.592(3) which in part states "Lands acquired by any County of the State for delinquent taxes in accordance with law which have not been previously sold, acquired for infill housing, or dedicated by the Board of County Commissioners, which the Board of County Commissioners has determined are not to be conveyed to the record fee simple owner in accordance with the provisions of subsections (1) and (2), and which are located within the boundaries of an incorporated municipality of the County shall be conveyed to the governing board of the municipality in which the land is located." PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Page 184 of 411 Staff recommends 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. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: November 16, 2020 Jennifer Hance, Housing Manager Date: November 16, 2020 Daniel McIntyre, County Attorney Date: November 19, 2020 Alphonso Jefferson, Deputy County Administrator Page 185 of 411 2020 REAL ESTATE a"` CHRIS CRAFT semngay.wagndu P.O. Box 308 TAX COLLECTOR Fort Pierce, FL 34954-0308 772-462-1650 ST, LUCIE COUNTY www.tcslc.com no V -wow 2409-602-0292-000/2 R St Lucie County 2300 Virginia AVE Fort Pierce, FL 34982-5632 AD VALOREM TAXES NOTICE OF AD VALOREM TAXES AND NON -AD VALOREM ASSESSMENTS Skip the trip and pay at www.tcsic.com echeck (electronic payment from your checking account with no fee) Credit card (2.51,1/6 convenience fee applies) Print your receipt instantly online! County Parks MSTU 772-462-1670 0.2313 Co Public Transit MSTU 772-462-1670 0.1269 Erosion District E 772-462-1670 0.1763 Law Enf,Jail,JudicialSys 772-462-1670 3.2324 Co General Revenue Fund 772-462-1670 4.2077 Childrens Service Council 772-408-1100 0.4765 St Lucie Co Fire District 772-621-3342 3.0000 FL Inland Navigation Dist 561-627-3386 0.0320 City of Fort Pierce 772-467-3000 6.9000 School Discretionary 772-429-3970 0.7480 School Capital Improvemnt 772-429-3970 1.5000 School Req Local Effort 772-429-3970 3.7010 School Voter Referendum 772-429-3970 1.0000 Mosquito Control 772-462-1670 0.1352 S FL Wtr Mgmt District 561-686-8800 0.2675 FAILLAGE CODE 9022 'TOTAL MtLLACE 25.7348 Go paperless and receive your tax bill by email. www.tcslc.com 511 N 18th ST Fort Pierce ALAMANDA VISTA S/D BLK N LOT 18 AND E 5 FT OF VAC ALLEY ADJ ON W 4,800 4,800 0 .00 4,800 4,800 0 .00 4,800 4,800 0 .00 4,800 4,800 0 .00 4,800 4,800 0 .00 4,800 4,800 0 .00 4,800 4,800 0 .00 4,800 4,800 0 .00 4,800 4,800 0 .00 4,800 4,800 0 .00 4,800 4,800 0 .00 4,800 4,800 0 .00 4,800 4,800 0 .00 4,800 4,800 0 .00 4,800 4,800 0 .00 TOTAL AD VALOREM TAXES $ .00 NON -AD VALOREM ASSESSMENTS .11-7 Fort Pierce StorMwater Mgmt Maint 772-467-3777 69.00 TOT'A!. ASSESSMENTS J COMBINED TAXES AND ASSESSMENTS Pay One Artl41 W � f 66.24 I 66.93 I (Discount Ally DecILK-1 Sd) Nov 30, 2020 I Dec 31, 2020 I R $ 69.00 $ 69.00 sr.arr av view your bill online 67.62 68.31 I 69.00 Jan 31, 2021 Feb 28, 2021 I Mar 31, 2021 CHRIS CRAFT,,., Lehr m. P.O. Box 308 2020 REAL ESTATE TAX COLLECTOR Fort Pierce, FL 34954-0308 772-462-1650 CT. LUCIE COUNTY www.tcslc.com 2409-602-0292-000/2 St Lucie County 2300 Virginia AVE Fort Pierce, FL 34982-5632 Please add your phone number for our records: Pay online at www.tcslc.com AMOUNTWE ! .,• fvft the follnr;:... ; --•.• ,-r Uheck only one how): ❑ Nov 30, 2020 (4% discount) 66.24 0 Dec 31, 2020 (3% discount) 66,93 ❑ Jan 31, 2021 (2% discount) 67,62 ❑ Feb 28, 2021 (1 % discount) 68.31 ❑ Mar 31, 2021 (no discount) 69.00 Taxes Delinquent 4/01/21 - add 3% to the March amount. Checks payable to St. Lucie County Tax Collector U.S. funds only through U.S. bank No postdated checks • Print receipt online tA 4 ce O u W 0: O O Z O O d LA H Z_ Q F- W W 012020 000000000000 0240960202920002 0000 00000006900 000❑0000❑❑❑ 00019ag-6186of411 Michelle Franklin, CFA -- Saint Lucie County Property Appraiser -- All rights reserved. Site Address: 511 N 18th ST Sec/Town/Range : 09/3 5 S/40E Parcel ID: 2409-602-0292-000-2 Jurisdiction: Fort Pierce Ownership St Lucie County 2300 Virginia AVE Fort Pierce, FL 34982 Property Identification Use Type: 0000 Account #: 21915 Map ID: 24/09N Zoning: Medium Den Legal Description ALAMANDA VISTA S/D BLK N LOT 18 AND E 5 FT OF VAC ALLEY ADJ ON W Current Values Just/Market Value: $4,800 Assessed Value: $4,800 Exemptions: $4,800 Taxable Value: $0 Property taxes are subject to change upon change of ownership. 1! • Past taxes are not a reliable projection of future taxes. • The sale of a property will prompt the removal of all exemptions, assessment caps, and special classifications. Taxes for this parcel: SLC Tax Collector's Office Download TRIM for this parcel: Download PDF Date Book/Page Dec 19, 2019 4364 / 1358 Dec 19, 2019 4364 / 1358 Dec 19, 2019 4364 / 1358 Dec 19, 2019 4364 / 1358 Dec 19, 2019 4364 / 1358 Jul 20, 2010 3218 / 0052 Jan 1, 1900 Type Total Areas Finished/Under Air (SF): 0 Gross Sketched Area 0 (SF): Land Size (acres): 0.16 Land Size (SF): 6,815 Building Design Wind Speed Occupancy Category I II III & IV Speed 140 160 160 Sale History Sale Deed Grantor Price Code 0118 TD McNeil Charles A $0 0118 TD McNeil (EST) Corwyn A $0 0118 TD Causey Karen $0 0118 TD Burries Joni L $0 0118 TD Goodwin Sharoen E $0 0111 PB Goodwin (EST) Florence $0 $0 Special Features and Yard Items Qty Units Year BIt Current Year Values Building: $0 Tax Grant Year Year Land: $4,800 2020 Just/Market: $4,800 Ag Credit: $0 Save Our Homes or $0 10% Cap: Assessed: $4,800 Exemption(s): $4,800 Taxable: $0 Code Description Amount 8500 St Lucie County $4,800 Current Year Special Assessment Breakdown Start Year AssessCode Units Description Amount 1999 0041 1 Fort Pierce Stor nwater Charge $69.00 This does not necessarily represent the total Special Assessements that could be charged against this property. The total amount charged for special assessments is reflected on the most current tax statement and information is available with the SLC Tax Collector's Office . Historical Values Year Just/Market Assessed Exemptions Taxable 2020 $4,800 $4,800 $4,800 $0 2019 $2,600 $2,600 $0 $2,600 2018 $2,400 $2,400 $0 $2,400 Permits Number Issue Date Description Amount Fee BP16-0757 Apr 21, 2016 Demolition $0 $0 Notice: This does not necessarily represent all the permits for this property. Click the following link to check for additional permit data in Fort Pierce All information is believed to be correct at this time, but is subject to change and is provided without any warranty. © Copyright 2020 Saint Lucie County Property Appraiser. All rights reserved. JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT — SAINT LUCIE COUNTY FILE # 4657538 OR BOOK 4364 PAGE 1358, Recorded 12/31/2019 09:39:20 AM Tax Deed File No. 15-728 Property Identification No. 2409-602-0292-000/2 Original Owners CHARLES A MCNEIL; CLARINGTON CURINGTON; CORWYN Of Record: A MCNEIL; DELORES WILLIAMS; JONI L SURRIES; KAREN CAUSEY; SHAROEN E GOODWIN ESCHEATMENT TAX DEED State of Florida ST. LUCIE COUNTY FOR OFFICIAL USE ONLY This Tax Deed is issued pursuant to Section 197.502(8), Florida Statues, wherein three years have passed from the day the subject land was offered for public sale and placed on the list of "lands available for taxes" in accordance with Section 197.502(7), Florida Statutes, without having been purchased. As provided in Section 197.502(8), Florida Statutes, the property has escheated to the County free and clear of any and all tax certificates, tax liens or any other liens of record, including governmental liens, which liens are deemed canceled pursuant to said statutes. Now, on this 19TH day of December, 2019, the undersigned clerk conveys to SAINT LUCIE County through its Board of County Commissioners, whose address is 2300 VIRGINIA AVE, FORT PIERCE, FL 34982 together with all hereditaments, buildings, fixtures and improvements of any kind and description, the following legally described land situation in SAINT LUCIE County, Florida ALAMANDA VISTA S/D BILK N LOT 18 AND E 5 FT OF VAC ALLEYADJ ON W (OR 3218-52) State of Florida County of ST. LUCIE On the 19"' day of December 2019, before ANGELA RIGGINS personally appeared MARGARET RAHAL, Clerk of the Circuit Cour or County Comptroller in and for the State and this County, who is known to me to be the person described In, and who executed the foregoing instrument, and acknowledged the execution of this instrument to be his own free act and deed for the use and purposes therein mentioned. Witness my hand and office seal date aforesaid IZ4 Notary ANGELA RIGGINS MYCOMMIS MtGG9=1 80nRES: OctoMr 1$ 2144 Page 189 of 411 O N r � 0�1 0 N O N O d .0 E O O Z Uc 2t a� zL2 w w� L ) Z u ij m of C0 C N O C �V C7 •cy Ur4! K 2 ru r m W c n m �t O w mw Page 190 of 411 2020 RFAI FATOTF CHRISCRAFT s•�ounkyb. P•O. Box 308 .-REM TAXES AND NON -AD VALOREM ASSESSMENTS Fort Pierce, FL 34954 030801 TAX COLLECTOR 772-462-1650 Skip the trip and pay at www.tcsic.com MST, LUCIE COUNTY www.tcslc.com • echeck (electronic payment from your checking account with no fee) �.T*Ifr#j I r7l. Credit card (2.5% convenience fee applies) 2409-603-0055-000/2 Print your receipt instantly online! R o ST LUCIE COUNTY N 2300 VIRGINIA AVE FL 3 FORT PIERCE FL 34982-5652 �I��l�ll��ll�ll�lll�lll�lnrIIIIInI�IIll�lllhll��llrl�ul�ur AD VALOREiG. 11ne_:. County Parks MSTU Cc Public Transit MSTU Erosion District Law Enf,Jail,Judicial Sys Co General Revenue Fund Childrens Service Council St Lucie Co Fire District FL Inland Navigation Dist City of Fort Pierce School Discretionary School Capital Improvemnt School Req Local Effort School Voter Referendum Mosquito Control S FL Wtr Mgmt District 0 TBD Fort Pierce REVISED PLAT OF ALAMANDA VISTA BLK O LOT 1 772-462-1670 0.2313 4,900 4,900 WN 0 .00 772-462-1670 0.1269 4,900 4,900 0 .00 772-462-1670 0.1763 4,900 4,900 0 .00 772-462-1670 3.2324 4,900 4,900 0 .00 772-462-1670 4.2077 4,900 4,900 0 .00 772-408-1100 0.4765 4,900 4,900 0 .00 772-621-3342 3.0000 4,900 4,900 0 .00 561-627-3386 0.0320 4,900 4,900 0 .00 772-467-3000 6.9000 4,900 4,900 0 .00 772-429-3970 0.7480 4,900 4,900 0 .00 772-429-3970 1.5000 4,900 4,900 0 .00 772-429-3970 3.7010 4,900 4,900 0 .00 772-429-3970 1.0000 4,900 4,900 0 .00 772-462-1670 0.1352 4,900 4,900 0 .00 561-686-8800 0.2675 4,900 4,900 0 .00 MILLAGE CODE 9022 TOTAL MILLAG4. 25.7348 et3i'140;i Go paperless and receive your tax bill by email. www.tcslc.com TOTAL AD VALOREM TAXES $ .00 NON -AD VALOREM ASSESSMENTS 51 Fort Pierce Stormwater Mgmt Maint 772-467-3777 ❑� ._5 r TOTAL ASSESSMENTS COMBINED TAXES AND �►��� a]iti�cry Pay One Amount I 19.87 { 20.08 (Discount Already DedaaeM Y Nov 30, 2020 Dec 31, 2020 R 1 20.29 20.49 Jan 31, 2021 Feb 28, 2021 - - - - 2020 REAL ESTATE Fort P, FL CHRIS CRAFT ➢� Nn 6� P.O. Box 308 TAX COLLECTOR 772-4�62-1650erce34954-0_ S T. L U C I E COUNTY www.tcsic.com Please add your phone number for our records: 2409-603-0055-000/2 St Lucie County 2300 Virginia AVE FI 3 Fort Pierce, FL 34982-5632 ❑ Nov 30, 2020 (4% discount) ❑ Dec 31, 2020 (3% discount) ❑ Jan 31, 2021 (2% discount) ❑ Feb 28, 2021 (1% discount) ❑ Mar 31, 2021 (no discount) $ 20.70 $ 20.70 Scan to view your bill online 20.70 Mar 31, 2021 + lchack only onr I 19.87 20.08 20.29 20.49 20.70 Taxes Delinquent 4101/21 - add 3% to the March amount. Checks payable to St. Lucie County Tax Collector U.S. funds only through U.S. bank No postdated checks • Print receipt online 012020 000000000000 0240960300550002 0000 00000002070 00000000000 000110g9191of411 Michelle Franklin, CFA -- Saint Lucie County Property Appraiser -- All rights reserved. Site Address: TBD Sec/Town/Range: 09/35 S/40E Parcel ID: 2409-603-0055-000-2 Jurisdiction: Fort Pierce Ownership St Lucie County 2300 Virginia AVE FI 3 Fort Pierce, FL 34982 Legal Description REVISED PLAT OF ALAMANDA VISTA BLK O LOT 1 Property Identification Use Type: 1000 Account #: 21976 Map ID: 24/09N Zoning: Neighborho Current Values Just/Market Value: $4,900 Assessed Value: $4,900 Exemptions: $4,900 Taxable Value: $0 Property taxes are subject to change upon change of ownership. • Past taxes are not a reliable projection of future taxes. • The sale of a property will prompt the removal of all exemptions, assessment caps, and special classifications. i Taxes for this parcel: SLC Tax Collector's Office Download TRIM for this parcel: Download PDF Date Book/Page Sale Code Dec 19, 2019 4364 / 1359 0118 Apr 5, 2005 2218 / 1280 XX00 Jan I, 1900 View: Building Type: Grade: Story Height: Total Areas Finished/Under Air (SF): 0 Gross Sketched Area 0 (SF): Land Size (acres): 0.11 Land Size (SF): 4,890 Building Design Wind Speed Occupancy Category I II III & IV Speed 140 150 160 Sale History Deed Grantor TD Poux Susie WD Cunningham T J Building Information (1 of 1) Finished Area: 0 SF Gross Sketched Area: 0 SF Exterior Data Roof Cover: Roof Structure: Year Built: N/A Frame: Effective Year: N/A Primary Wall: No. Units: 0 Secondary Wall: Interior Data Price $0 $35,000 $0 Page)1�3/2tdb1 Full Baths: 0 Half Baths: 0 A/C %: 0% rEr Heat Type: Heat Fuel: Heated %: N/A% Avg Hgt/Floor: 0 Primary Floors: Sprinkled %: 0% Sketch Area Legend Sub Area Description Area Fin. Area Perimeter Special Features and Yard Items Type Qty Units Year Blt Current Year Values Current Values Breakdown Current Year Exemption Value Breakdown Tax Grant Code Description Amount Building: $0 Year Year Land: $4,900 2020 8500 St Lucie County $4,900 Just(Market: $4,900 Ag Credit: $0 Save Our Homes or $0 10% Cap: Assessed: $4,900 Exemption(s): $4,900 Taxable: $0 Current Year Special Assessment Breakdown Start Year AssessCode Units Description Amount 1999 0041 0.3 Fort Pierce Stormwater Charge $20.70 This does not necessarily represent the total Special Assessements that could be charged against this property. The total amount charged for special assessments is reflected on the most current tax statement and information is available with the SLC Tax Collector's Office . Historical Values Year Just/Market Assessed Exemptions Taxable 2020 2019 $4,900 $4,900 $4,900 $4,900 $4,900 $0 $0 $4,900 2018 $4,900 $4,900 $0 $4,900 Permits Number Issue Date Description Amount Fee Page W5/2020 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT — SAINT LUCIE COUNTY FILE # 4657539 OR BOOK 4364 PAGE 1359, Recorded 12/31/2019 09:40:55 AM Tax Deed File No. 15-730 Property 2409-603-0066-00012 Identification No. Original Owners SUSIE POUX Of Record: ESCHEATMENT TAX DEED State of Florida ST. LUCIE COUNTY FOR OFFICIAL USE ONLY This Tax Deed is issued pursuant to Section 197.502(8), Florida Statues, wherein three years have passed from the day the subject land was offered for public sale and placed on the list of "lands available for taxes" in accordance with Section 197,502(7), Florida Statutes, without having been purchased. As provided in Section 197.502(8), Florida Statutes, the property has escheated to the County free and clear of any and all tax certificates, tax liens or any other liens of record, including governmental liens, which liens are deemed canceled pursuant to said statutes. Now, on this 191H day of December, 2019, the undersigned clerk conveys to SAINT LUCIE County through its Board of County Commissioners, whose address is 2300 VIRGINIA AVE, FORT PIERCE, FL 34982 together with all hereditaments, buildings, fixtures and improvements of any kind and description, the following legally described land situation in SAINT LUCIE County, Florida REVISED PLAT OF ALAMANDA VISTA MI le O LOT 1 (OR 2218-12A�� State of Florida County of _ ST. LUCIE On the i9`% day of December 2019, before ANGELA RIGGINS personally appeared MARGARET RANAL, Clerk of the Circuit Cour. or County Comptroller in and for the State and this County, who is known to me to be the person described in, and who executed the foregoing instrument, and acknowledged the execution of this instrument to be his own free act and deed for the use and purposes therein mentioned. Witness my hand and office seal date aforesaid X ANGELARIOGWS uy C0MM S" / GG 919221 EXPIRES: Od*W 12, 2029 ftr&dThru NOWY Pdit UWWR Mst Page 194 of 411 wo" I U c � Z A 1S H196 N .11€ zw w u co ci w c r 0) tLO Y N (6. 1 i (n o 49 f C 1C � 1') } w ! m V y ! ow LU =ru ui i i y �t 1 c h w in w `v J �• I v� C W aafr L 1S Hl6 � N � G -, '; - + w U SIR! On all or 4 1S HIOZ NCV c N 0 o - z Page 195 of 411 2020 REAL ESTATE •� ! CHRlS CRAFT.,.,,*,-, P.O. Box 308 NOTICE OF AD VALOREM TAXES AND NON -AD VALOREM ASSESSMENTS TAX COLLECTOR Fort Pierce, FL 34954-0308 772-462-1650 +�11 WST. LUCIE COUNTY www.tcsic.com * t T724-09-8118-0026-000/o -7 Skip the trip and pay at www.tcslc.com echeck (electronic payment from your checking account with no fee) Credit card (2.5% convenience fee applies) Print your receipt instantly online! St Lucie County k2300 Virginia AVE Fort Pierce, FL 34982-5632 1514 EMERALD TER Fort Pierce LA FOND S/D BLK 6 LOT 5 AD VALOREM TAXES County Parks MSTU 772-462-1670 0.2313 7,200 7,200 1.67 Co Public Transit MSTU 772-462-1670 0.1269 7,200 7,200 .91 Erosion District E 772-462-1670 0.1763 7,200 7,200 1.27 Law Enf,Jail,Judicial Sys 772-462-1670 3.2324 7,200 7,200 23.27 Cc General Revenue Fund 772-462-1670 4.2077 7,200 7,200 30.30 Childrens Service Council 772-408-1100 0.4765 7,200 7,200 3.43 St Lucie Co Fire District 772-621-3342 3.0000 7,200 7,200 21.60 FL Inland Navigation Dist 561-627-3386 0.0320 7,200 7,200 .23 City of Fort Pierce 772-467-3000 6.9000 7,200 7,200 49.68 School Discretionary 772-429-3970 0.7480 7,200 7,200 5.39 School Capital Improvemnt 772-429-3970 1.5000 7,200 7,200 10.80 School Req Local Effort 772-429-3970 3.701b 7,200 7,200 26.65 School Voter Referendum 772-429.3970 1.0000 7,200 7,200 7.20 Mosquito Control 772-462-1670 0.1352 7,200 7,200 .97 S FL Wtr Mgmt District 561-686-8800 0.2675 7,200 7,200 1.92 MILLAGE CODE 9022 TOTAL MILLAGE 25.7348 TOTAL AD VAtOFLEM TAXES $ 185.291 Go paperless and receive your tax bill by email. www.tcslc.com NON -AD VALOREM ASSESSMENTS Fort Pierce Stormwater Mgmt Maint 772-467-3777 TOTAL A5SE5SM NT5 COMBINED TAXES AND ASSESSMENTS Pay One AMWnt (Discount Already Deducted 82.80 rim - III Scan ao view $ 82.80 your bill $ 268.09 257.37 260.05 262.73 265.41 268.09 Nov 30, 2020 Dec 31, 2020 Jan 31, 2021 Feb 28, 2021 Mar 31, 2021 2020 REAL ESTATE CHRIS CRAFT P.O. Box 308 Ser�'H rvurrvergbDar Fort Pierce, FL 34954-0308 +! TAX COLLECTOR 772 462-1650 ST. LUCIE COUNTY www.tcsic.com Please add your phone `11number for our records: 2409-818-0026-000/0 R St Lucie County 2300 Virginia AVE Fort Pierce, FL 34982-5632 IM0119 the fotiowlrm ck Only oae box): ❑ Nov 30, 2020 (4% discount) 257.37 ❑ Dec 31, 2020 (3% discount) 260.05 ❑ Jan 31, 2021 (2% discount) 262.73 ❑ Feb 28, 2021 (1% discount) 265.41 ❑ Mar 31, 2021 (no discount) 268.09 1 Taxes Delinquent 4/01,121 - add 3% to the March amount. Checks payable to St. Lucie County Tax Collector U.S. funds only through U.S. bank No postdated checks • Print receipt online 012020 000000000000 0240981800260000 0000 00000026809 00000000000 000ag.6196of411 Michelle Franklin, CFA -- Saint Lucie County Property Appraiser -- All rights reserved. Site Address: 1514 EMERALD TER Sec/Town/Range: 09/35S/40E Parcel ID: 2409-818-0026-000-0 Jurisdiction: Fort Pierce Ownership St Lucie County 2300 Virginia AVE Fort Pierce, FL 34982 Legal Description LA FOND S/D BLK 6 LOT 5 Property identification Use Type: 0000 Account #: 22804 Map ID: 24/09S Zoning: SF Moderat Current Values Just/Market Value: $7,200 Assessed Value: $7,200 Exemptions: $0 Taxable Value: $7,200 Property taxes are subject to change upon change of ownership. • Past taxes are not a reliable projection of future taxes. • The sale of a property will prompt the removal of all exemptions, assessment caps, and special classifications. Taxes for this parcel: SLC Tax Collector's Office Download TRIM for this parcel: Download PDF Total Areas Finished/Under Air (SF): 0 Gross Sketched Area 0 (SF): Land Size (acres): 0.2 Land Size (SF): 8,662 Building Design Wind Speed Occupancy Category I II 111 & IV Speed 140 160 160 Sale History Date Book/Page Sale Deed Grantor Price Code Dec 19, 2019 4364 / 1379 0111 TD Hehn Teresia $0 Dec 1, 1976 0262 / 1983 XX00 CV $14,000 Special Features and Yard Items Type Qty Units Year BIt Current Year Values Current Values Breakdown Current Year Exemption Value Breakdown Tax Grant Code Description Amount Building: $0 Year Year Land: $7,200 Pageljgq /,2fo�bl Just/Market: Ag Credit: $0 Save Our Homes or $0 10% Cap: Assessed: $7,200 Exemption(s): $0 Taxable: $7,200 Current Year Special Assessment Breakdown Start Year AssessCode Units Description Amount 1999 0041 1.2 Fort Pierce Stormwater Charge $82.80 This does not necessarily represent the total Special Assessements that could be charged against this property. The total amount charged for special assessments is reflected on the most current tax statement and information is available with the SLC Tax Collector's Office . Historical Values Year Just/Market Assessed Exemptions Taxable 2020 $7,200 $7,200 $0 $7,200 2019 $8,400 $8,400 $0 $8,400 2018 $7,800 $7,800 $0 $7,800 Permits Number Issue Date Description Amount Fee BP15-1891 Aug 19, 2015 Demolition $0 $293 Notice: This does not necessarily represent all the permits for this property. Click the following link to check for additional permit data in Fort Pierce All information is believed to be correct at this time, but is subject to change and is provided without any warranty. © Copyright 2020 Saint Lucie County Property Appraiser. All rights reserved. JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT — SAINT LUCIE COUNTY FILE # 4657541 OR BOOK 4364 PAGE 1379, Recorded 12/31/2019 09:42:37 AM Tax Deed File No. 15-732 Property 2409-018-0026-000/0 Identification No. Original Owners JAKOB HEHN; TERESIA HEHN Of Record: ESCHEATMENT TAX DEED State of Florida S7 LUCIE COUNTY FOR OFFICIAL USE ONLY This Tax Deed is issued pursuant to Section 197.502(8), Florida Statues, wherein three years have passed from the day the subject land was offered for public sale and placed on the list of "lands available for taxes" in accordance with Section 197.502(7), Florida Statutes, without having been purchased. As provided in Section 197.502(8), Florida Statutes, the property has escheated to the County free and clear of any and all tax certificates, tax liens or any other liens of record, including governmental liens, which liens are deemed canceled pursuant to said statutes. Now, on this 19TH day of December, 2019, the undersigned clerk conveys to SAINT LUCIE County through its Board of County Commissioners, whose address is 2300 VIRGINIA AVE, FORT PIERCE, FL 34982 together with all hereditaments, buildings, fixtures and improvements of any kind and description, the following legally described land situation in SAINT LUCIE County, Florida LA FOND SID BLK 6 LOT 5 (OR 262-1983) Witness: , -tJ ANA HERNANDEZ J ANDERS State of Florida County of ST. LUCIE On the 19t" day of December 2019, before ANGELA RIGGINS personally appeared MARGARET RAHAL, Clerk of the Circuit Cour. or County Comptroller in and for the State and this County, who is known to me to be the person described in, and who executed the foregoing instrument, and acknowledged the execution of this instrument to be his own free act and deed for the use and purposes therein mentioned. Witness my hand and office seal date aforesaid ANGELA RKMS MY coMMmSi041 i OG 919221 E XPIRE& Od" 12, 2= Bonded ihY Nolar PuE�e {hdennbn Page 199 of 411 r Z kL I 117a€ ww I W m Op o•ui m •� X m R. SwF o WL 1�N.�HMO ` ` . •' r �. N U c 1 'His, :_ _clli0, _ :.' it lL t= J% ,,� ' o • o in �a g ! c Q_ AID. E "' '� i � •i •ii ,i I 1 .. s'_ •1�'. ' _ L.Li A C7 L.L Z •' ' r W C 1ik f� i . ►. t CIO e L :T- n P�pl. r ' _ S'OZATHtST i�.. �.l b; d r SAVE, � •1 O N O N CD O Z Page 200 of 411 This instrument prepared without the benefit of examination of title by JoAnn Riley under the direction of: Daniel S. McIntyre, County Attorney St. Lucie County, 2300 Virginia Avenue Fort Pierce, Florida 34982 PARCEL ID NUMBERS: 2409-602-0292-000-2, 2409-603-0055-000-2 and 2409-818-0026-000-0 COUNTY DEED Pursuant to Florida Statute 125.411 THIS DEED, made this 15Y day of DECEMBER, 2020, by ST. LUCIE COUNTY, a political subdivision of the State of Florida, whose address is 2300 Virginia Avenue, Fort Pierce, Florida 34982, hereinafter called party of the first part, and CITY OF FORT PIERCE, FLORIDA, a Florida municipal corporation whose address is 100 North U.S. 1, Fort Pierce, Florida 34950, hereinafter called party of the second part, WITNESSETH, that the said party of the first part, for and in consideration of the sum of TEN and 00/100 ($10.00) DOLLARS to it in hand paid by the party of the second part, receipt whereof is hereby acknowledged, has granted, bargained and sold to the party of the second part, his or her heirs and assigns forever, the following described land lying and being in St. Lucie County, Florida: Parcel ID 2409-602-0292-000-2 ALAMANDA VISTA S/D BILK N LOT 18 AND E 5 FT OF VAC ALLEY ADJ ON W Parcel ID 2409-603-0055-000-2 REVISED PLAT OF ALAMANDA VISTA BILK 0 LOT 1 Parcel ID 2409-818-0026-000-0 LA FOND S/D BILK 6 LOT 5 IN WITNESS WHEREOF, the said party of the first part has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman of said Board, the day and year aforesaid. ATTEST: DEPUTY CLERK STATE OF FLORIDA COUNTY OF ST. LUCIE BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS County Attorney The foregoing instrument was acknowledged before me by means of physical presence, this V day of DECEMBER, 2020, by Chris Dzadovsky, the Chairman of the Board of County Commissioners of St. Lucie County, who is personally known to me. Notary Public Signature S:\ACQ\WP\Tax Deeds\Conveyed to City of Fort Pierce\12.1.2020 County Deed to Fort Pierce.doc Page 201 of 411 2020-50583 �r LUCE CONSENT AGENDA -COMMUNITY SERVICES �- AGENDA DATE:12/1/2020 REQUEST �a® ®ta *ACTION ITEM -BOARD ACCEPTANCE TO: Board of County Commissioners PRESENTED BY: Adolfo Covelli, Transit Operations Manager SUBMITTED BY: Transit Division SUBJECT: Public Transportation Agency Safety Plan (PTASP) BACKGROUND: The Federal Transit Administration (FTA) released a final rule outlining PTASP requirements. The final rule adopted by the FTA in fiscal year 2020, requires every transit agency that receives funds under 49 U.S.C. Section 5307 to adopt a Public Transportation Agency Safety Plan (PTASP) no later than December 31, 2020 and to certify the plan every year thereafter. PTASP's commit transit agencies to designate a Chief Safety Officer and to develop and implement a safety program. The PTASP outlines the activities and processes on how St. Lucie County will meet requirements of its PTASP. The required components of the PTASP include the following: Safety Performance Targets, Safety Management Policy, Safety Risk Management, Safety Assurance, and Safety Performance. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board approval for the PTASP and authorization for the chair to sign documents as approved by the County Attorney. COMMISSION ACTION: RESULT: Page 202 of 411 MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: October 30, 2020 Murriah Dekle, Transit Division Director /,?<wA- ti W�-�ti Diana Wesloski, Community Services Director Daniel McIntyre, County Attorney Alphonso Jefferson, Deputy County Administrator Date: November 02, 2020 Date: November 03, 2020 Date: November 16, 2020 Page 203 of 411 Public Transportation Agency Safety Plan Treasure Coast Connector St Lucie County Public Transportation 970 ILUJU IR 0 October 2020 Page 1 1 Page 204 of 411 Table of Contents Section 1. Transit Agency Information.......................................................................................................... 5 GeneralInformation.....................................................................................................................................6 Section 2. Plan Development, Approval, and Updates.................................................................................7 Section 3. Safety Performance Targets........................................................................................................8 Section 4. Safety Management Policy.........................................................................................................10 Safety Management Policy Statement.......................................................................................................10 Safety Management Policy Communication...............................................................................................13 Authorities, Accountabilities, and Responsibilities.....................................................................................14 Accountable Executive(AE):...............................................................................................................14 Chief Safety Officer (CSO)...................................................................................................................14 Role of Staff to Develop and Manage Safety Management Systems(SMS)...............................................15 Accountable Executive (AE)................................................................................................................15 Chief Safety Officer (CSO)...................................................................................................................15 Managersand Key Staff......................................................................................................................15 Supervisors..........................................................................................................................................15 Employees...........................................................................................................................................15 Employee Safety Reporting Program (ESRP)..............................................................................................16 HazardReporting Process...................................................................................................................17 ImmediateAction Required................................................................................................................17 DelayedAction Required....................................................................................................................17 Roleof Supervisor...............................................................................................................................17 Treasure Coast Connector Responsibility...........................................................................................18 Section 5. Safety Risk Management............................................................................................................19 Safety Hazard Identification........................................................................................................................19 Personnel............................................................................................................................................19 Assets..................................................................................................................................................19 Transit Asset Management.................................................................................................................20 System................................................................................................................................................. 20 Hazard Identification Procedure.................................................................................................................21 SafetyRisk Assessment...............................................................................................................................21 SafetyRisk Mitigation.................................................................................................................................23 Section 6. Safety Assurance Performance Monitoring and Measurement................................................24 Page 12 Page 205 of 411 SafetyCommittee....................................................................................................................................... 24 Maintenance............................................................................................................................................... 25 Maintenance Standards and Procedures............................................................................................25 OperatorInspections..........................................................................................................................25 Daily Servicing and Inspections...........................................................................................................25 Mileage -Based Maintenance Inspections...........................................................................................25 Operations..................................................................................................................................................25 FacilityMonitoring..............................................................................................................................26 Frequency............................................................................................................................................ 26 Reporting............................................................................................................................................. 26 HazardResolution...............................................................................................................................26 Follow-up............................................................................................................................................26 Documentation................................................................................................................................... 26 EmployeeHazard Reporting....................................................................................................................... 27 LossReports........................................................................................................................................ 27 Route/Operations Safety.................................................................................................................... 27 SafetyEvents...............................................................................................................................................27 Accident and Incident Reporting Process...........................................................................................27 Notification.........................................................................................................................................27 At -Scene Procedures...........................................................................................................................28 Investigation........................................................................................................................................ 28 Accident Review Process.............................................................................................................................28 Accident Review Committee...............................................................................................................28 HazardResolution...............................................................................................................................29 Follow-up............................................................................................................................................29 InternalReporting...............................................................................................................................29 Documentation................................................................................................................................... 29 Continuous Improvement of Safety Performance......................................................................................29 Maintenance....................................................................................................................................... 30 Operations..........................................................................................................................................30 Safety.................................................................................................................................................. 30 7. Safety Promotion.................................................................................................................................... 30 OperatorSelection......................................................................................................................................31 Page 13 Page 206 of 411 HiringPractices...................................................................................................................................31 Training.......................................................................................................................................................32 Initial Bus Operator Training...............................................................................................................32 Annual Training for All Bus Operators................................................................................................33 Injury and Illness Prevention Training.................................................................................................34 Emergency Response Planning and Coordination..............................................................................35 System Modification Design Review and Approval....................................................................................35 GeneralProcess..................................................................................................................................35 ModificationDesign Review...............................................................................................................35 ModificationDesign Approval.............................................................................................................36 Monitoring..........................................................................................................................................36 Documentation................................................................................................................................... 36 Routes................................................................................................................................................. 36 AdditionalInformation................................................................................................................................ 37 Appendix1..................................................................................................................................................38 Appendix2..................................................................................................................................................42 Appendix3..................................................................................................................................................43 Appendix4............................................................................................................................................................. 44 Page 14 Page 207 of 411 Section 1. Transit Agency Information St Lucie County has provided public transportation services since 1990 and currently has two modes of transportation —traditional fixed -route service and door-to-door, paratransit service provided through a contract with MV Transportation Services. The County has also added a lineup of innovative, non- traditional mobility services to take advantage of emerging technologies and adapt to changing travel patterns. The Treasure Coast Connector is the County's fixed -route transit service, offering eight routes that run on one -hour headways, Route 1 has % hour headways. Most routes operate from 6 a.m. to 8 p.m. on weekdays and 8 a.m. to noon and 1-4 p.m. on Saturdays. In addition, the County provides demand - response, door-to-door paratransit services throughout the County to qualified seniors and people with disabilities. Residents must be certified as Transportation Disadvantaged (TD) or meet the criteria of the Americans with Disabilities Act (ADA). The County also offers non-traditional public transportation services. In 2017, the St. Lucie County Department of Community Services began operating a demand -response, TD service pilot program known as Direct Connect. This service provides essential and life -sustaining trips during hours that regular public transit and paratransit do not operate. Direct Connect fills evening and weekend service gaps, enabling the County's TD population to have access to public transportation services 24 hours a day, seven days a week. Each of these services is described in more detail on the following page. The County has also launched a pilot micro -transit program in December of 2019. On September 1st, 2017, the St. Lucie County Board of County Commissioners authorized a multi -year pilot program making the entire county transit system fare -free, eliminating the firebox on both fixed - route and paratransit buses. A Florida Department of Transportation Service Development Grant, along with lower administrative costs realized by no longer collecting fares, offsets a substantial portion of the funding costs. Page 15 Page 208 of 411 General Information St. Lucie County Board of County Commissioners - Treasure Coast Connector Accountable Executive: Howard Tipton, County Administrator Chief Safety Officers: Adolfo Covelli, Transit Operations Manager Donavan Speller MV Safety Officer Address: 437 North 7th Street Fort Pierce, FL 34950 Phone: (772) 462-1798 Website: www.SLCRide.ore Modes of Service: Fixed Route and Demand Response contracted thru MV Transportation FTA Funding Sources: FTA Section 5307, FTA Section 5310, FTA Section 5339 Modes of Service Directly Provided: ❑X Fixed Route Bus ❑X Demand Response TREASURE COAST CONNECTOR does not provide transit services on behalf of another transit agency or entity. Page 16 Page 209 of 411 Section 2. Plan Development, Approval, and Updates Name of Entity That Treasure Coast Connector — St. Lucie County Public Transportation System Drafted This Plan Signature of Accountable Executive Date of Signature Signature by the Accountable Executive County Administrator Name of Individual/Entity That Approved This Plan Date of Approval St. Lucie County Board of County Commissioners Approval by the Board of Directors or an Relevant Documentation (title and location) Equivalent Authority St Lucie County Board of County Commissioners (place link to county agenda item here) Name of Individual/Entity That Certified This Plan Date of Certification Certification of Compliance Transit Director Relevant Documentation (title and location) PTASP/SMS Document located in Transit Director's Office Version Number and Updates (Record the complete history of successive versions of this plan). Version Number Section/Pages Affected Reason for Change Date Issued 1 Entire Plan Document Initial Plan Document ------------- Annual Review and Update of the Public Transportation Agency Safety Plan Describe the process and timeline for conducting an annual review and update of the Public Transportation Agency Safety Plan. Treasure Coast Connector's Public Transportation Agency Plan (PTASP) will be updated annually in January of each year. The process will include reviewing all transit components, updating information and changes in personnel/duties, and submitting the Transit Director for final approval. © The Accountable Executive confirms that Treasure Coast Connector's PTASP addresses all applicable requirements and standards as outlined in 1. FTA's Public Transportation Safety Program and, 2. The National Public Transportation Safety Plan, 3. PTASP documents must be made available upon request by the FTA or other Federal entity, or a State Safety Oversight Agency having jurisdiction. A transit agency must maintain these documents for a minimum of three years after they are created. Page 17 Page 210 of 411 Section 3. Safety Performance Targets The following Performance Targets align with the National Public Transportation Safety Plan supporting there are three measures: Fatalities, Injuries, and Safety Events. 1. Fatalities (total number of reportable fatalities and rate per total vehicle revenue miles) - A death or suicide confirmed within 30 days of a reported event. It does not include deaths in or on transit property resulting from illness or other natural causes. Reported in National Transit Database (NTD) data sheet S&S-40 2. Injuries (total number of reportable injuries and rate per total vehicle revenue miles) — Injury is defined as any damage or harm to persons because of an event that requires immediate medical attention away from the scene. Reported in National Transit Database (NTD) data sheet S&S-40 for major event and SS-50 for non -major event 3. Safety Events (total number of reportable events and rate per total vehicle revenue miles) - Safety Event is defined as a collision, derailment, fire, hazardous material spill, an act of nature (Act of God), evacuation, or OSONOC occurring on transit right-of-way, in a transit revenue facility, in a transit maintenance facility, or involving a transit revenue vehicle and meeting established National Transit Database (NTD) thresholds. Reported in National Transit Database (NTD) data sheet S&S-40 for major event and SS-50 for non -major event In order to establish a baseline for safety performance measures, a trend analysis of system fatalities, injuries and safety events was performed for three years from prior contractor to provide grounded metrics for future comparison and continuous improvement in setting safety performance targets. Mode of Transit Service Vehicle Revenue Mile (VRM) Fatalities Total Fatalities (PVRM) k Injuries (Total) Injuries (PVRM) k Safety Events (Total) Safety Events (Per 100k VRM) FY 16 FR 364,597 0 0 5 1.37 5 .1.37 FY 16 DR 532,684 0 0 0 0 1 .19 TOTAL 897,281 0 .55 6 .67 FY17 FR FY17 DR 459,203 0 0 1 .21 2 .44 1 .19 533,652 0 0 0 0 TOTAL 0 0 0 3 .30 FY18 FR 521,386 0 0 0 0 1 .19 FY18 DR 546,048 0 0 0 0 1 .18 TOTAL 1,06 0 0 0 2 .19 Page 18 Page 211 of 411 Mode of Transit Service Vehicle Revenue Mile (VRM) Fatalities Total Fatalities Per 100k VRM) Injuries (Total) Injuries (per 100k VRM) Safety Events (Total) Safety Events (per 100k VRM) FY20 FR 521,386 0 0 0 0 1 .19 FY20 DR 546,048 0 0 0 0 0 0 TOTAL 1,067,434 0 0 0 0 0 0 Vehicle revenue miles (VRM) for FY20 are projected to be the same as reported in FY18, totaling 1,067,434 VRM. Performance targets for FY20 are as follows: The total fatalities are projected to be zero for FY20. The total reportable injuries are projected to stay at zero from the previous fiscal year. The total numbers of reportable safety events are projected to reduce by a total of one from the previous report. FY 2020 Performance Targets Summary FY 20 Fatalities - zero FY 20 Injuries - zero FY 20 Safety Events -reduce the number of reportable safety events from FY18 by 50% Safety Performance Target Coordination Describe the coordination with the State and Transportation Planning Organization (TPO) in the selection of State and TPO safety performance targets. Treasure Coast Connector shares safety performance targets with the St. Lucie Transportation Planning Organization (TPO) and the Florida Department of Transportation (FDOT) annually as part of our continued coordination of transit data. Treasure Coast Connector also coordinates with these agencies to the maximum extent possible in the selection of safety performance targets as required under §673.15(a) and §673.15(b), respectively. This data also includes the Transit Asset Management Plan (TAM) updates and anticipated capital replacement schedules. Targets State Entity Name Date Targets Transmitted Transmitted to the Florida Department of Transportation (date) State Targets Transportation Planning Organization Name Date Targets Transmitted Transmitted to the St. Lucie Transportation Planning Organization Transportation (date) Planning (St Lucie TPO) Organization Page 19 Page 212 of 411 Section 4. Safety Management Policy Safety Management Policy Statement Treasure Coast Connector recognizes that the management of safety is a core value of our business. The management team at St Lucie County- Transit Division and their contract service provider, MV Transportation Services, will embrace the Safety Management Systems (SMS). They are committed to developing, implementing, maintaining, and constantly improving processes to ensure the safety of our employees, customers, and the public. All management and frontline employees are committed to safety and understand that safety is the primary responsibility of all employees. This Public Transportation Agency Safety Plan (PTASP) describes the policies, procedures, and requirements to be followed by management, maintenance, and operations personnel to provide a safe environment for Treasure Coast Connector employees, customers, and the public. The goal of this program is to eliminate the human and fiscal cost of avoidable personal injury and vehicle accidents. Each department has a responsibility under the PTASP. The Division Director and Contractor staff shall provide the continuing support necessary to achieve the PTASP objectives. A key to the success of this effort is for employees to be aware that they are accountable for safely performing the requirements of their position. The success of the program also depends on all employees actively identifying potential hazards and making a commitment to the safety of others. Treasure Coast Connector must be aware that decisions and actions often affect the safety of those in other operations. By following the processes described in the PTASP, Treasure Coast Connector will continue to improve performance and the safety of the system while creating a culture of safety. Treasure Coast Connector is committed to: • Communicating the purpose and benefits of the SMS to all staff, managers, supervisors, and employees. This communication will specifically define the duties and responsibilities of each employee throughout the organization. All employees will receive appropriate information and SMS training. • Providing appropriate management involvement and the necessary resources to establish an effective reporting system will encourage employees to communicate and report unsafe work conditions, hazards, or at -risk behavior to the managementteam. • Identifying hazardous and unsafe work conditions and analyzing data from the employee reporting system. After thoroughly analyzing the provided data, the transit operations division will develop processes and procedures to mitigate safety risks to an acceptable level. • Ensuring that no action will be taken against employees who disclose safety concerns through the reporting system unless disclosure indicates an illegal act, gross negligence, or deliberate or willful disregard of regulations or procedures. Page 110 Page 213 of 411 • Establishing Safety Performance Targets (SPT) that are realistic, measurable, and data - driven. • Continually improving our safety performance through management processes that ensure appropriate safety management action is taken and is effective. Treasure Coast Connector's Goals for Safety are established as follows: • Operate a transportation system that achieves an optimum level of safety, exceeding the safety performance of other transit systems of a similar size in the United States. • Identify and evaluate, then eliminate or control hazards to employees, customers, and the public. • Meet or exceed all government and industry occupational health and safety standards and practices. • Maximize the safety of future operations by affecting the design and procurement processes. The objectives of the PTASP are the means of achieving its goals. They also provide a method of evaluating the effectiveness of the Treasure Coast Connector's safety efforts. The PTASP objectives are: • Integrate safety management and hazard control practices within each of Treasure Coast Connector's departments. • Assign responsibilities for developing, updating, complying with, and enforcing safety policies, procedures, and requirements. • Verify compliance with Treasure Coast Connector's safety policies, procedures, and requirements through performance evaluations, accident/incident trends, and internal audits. • Investigate all accidents/incidents, including identifying and documenting the causes for implementing corrective action to prevent a recurrence. • Increase investigation and systematic documentation of near misses. • Identify, analyze, and resolve safety hazards promptly. • Minimize system modifications during the operational phase by establishing and utilizing safety controls at system design and procurement phases. • Ensure that system modifications do not create new hazards. • Provide training to employees and supervisors on the safety components of their job functions. Page 1 11 Page 214 of 411 Treasure Coast Connector takes these commitments seriously as the lives of Treasure Coast Connector riders, employees, and the public depends on Treasure Coast Connector's ability to operate in a culture of safety. Accountable Executive means a single, identifiable person who has ultimate responsibility for carrying out the Public Transportation Agency Safety Plan of a public transportation agency; responsibility for carrying out the agency's Transit Asset Management Plan; and control or direction over the human and capital resources needed to develop and maintain both the agency's Public Transportation Agency Safety Plan, in accordance with 49 U.S.C. 5329(d), and the agency's Transit Asset Management Plan in accordance with 49 U.S.C. 5326. Accountable Executive. The transit agency must identify an Accountable Executive. The Accountable Executive is accountable for ensuring that the agency's SMS is effectively implemented, throughout the agency's public transportation system. The Accountable Executive is accountable for ensuring action is taken, as necessary, to address substandard performance in the agency's SMS. The Accountable Executive may delegate specific responsibilities, but the ultimate accountability for the transit agency's safety performance cannot be delegated and always rests with the Accountable Executive. Accountable Executive Date Page 112 Page 215 of 411 Safety Management Policy Communication Treasure Coast Connector realizes the importance of ensuring its employees and riders are aware of safety management policies and procedures to manage the system's day-to-day operations effectively. To do this, the Treasure Coast Connector relies on several forms of effective communication. Employee Communication: Treasure Coast Connector is constantly evaluating existing policies and procedures to verify their effectiveness. Treasure Coast Connector management seeks input from all contractor staff to determine if a change is necessary based on trends, data analysis, operational changes, or new assets. Several methods are used to communicate policy and procedure changes, including: • Employee memorandum through a paycheck, daily manifest of work orders, and agency meetings • Bulletin Board notices • Departmental meetings New policies and procedures are incorporated into orientation training for new employees as well. Depending on the importance of the policy or procedure change, an acknowledgment signature is required by all employees verifying his or her understanding of the change. Communicating with Riders: If a rider policy is changed or added, Treasure Coast Connector notifies riders through the following methods: • Notice posted on vehicle and facilities including effective date and whom to contact for more information • Changes to digital and printed rider guidance, including schedules and ride guides as appropriate • Public Meetings • Website and Social Media • Any services that are impacted by policies changes will include outreach as required by Federal Guidance Page 113 Page 216 of 411 Authorities, Accountabilities, and Responsibilities As mentioned in the Safety Policy Statement, the ultimate authority for the success of this PTASP falls to the Accountable Executive (AE). The Chief Safety Officer (CSO), the administration, and the management team and employees fulfilling their commitment to safety on a day-to-day basis support the AE. Accountable Executive (AE): The Accountable Executive will determine, based on feedback from senior staff and contractor staff, the level of Safety Management System principals to maintain to ensure a safe work environment, rider experience, and community safety. Through its contract services provider, Treasure Coast Connector's AE is committed to providing employees with the tools and training needed to be successful and safe in their roles with Treasure Coast Connector. The AE will continually strive to create a culture of safety among the employees, and Treasure Coast Connector expects each employee to play a role in maintaining a safe workplace. Treasure Coast Connector's AE will be responsible for developing an annual transportation budget to provide the necessary funding to support training for new hires and experienced staff while also maintaining assets in a State of Good Repair (SGR) or replacing it if it is no longer able to function as originally intended. The current Accountable Executive, is also the Transit Director, is responsible for implementation and changes to this Plan. Chief Safety Officer (CSO): Treasure Coast Connector will manage the day-to-day adherence to the Safety Plan and, while in this role, report directly to the AE. As CSO, this individual will monitor safety and security throughout the organization, including sub -contractors. All departments have been notified of the CSO's role and the established reporting requirements relating to safety -related matters. Treasure Coast Connector's CSO will be responsible for the following: • Developing and maintaining SMS documentation • Directing hazard identification and safety risk assessment • Monitoring safety risk mitigation activities • Providing periodic reports on safety performance • Briefing the Accountable Executive on SMS implementation progress • Planning safety management training Page 114 Page 217 of 411 Role of Staff to Develop and Manage Safety Management Systems (SMS) Accountable Executive (AE) The Accountable Executive (AE), who also serves as Transit Director, will work with the Chief Safety Officer (CSO) and Administrative staff to adjust the PTASP as needed based on staff feedback, trends, and data analysis. The AE is vested with the primary responsibility for the activities of the transit system and overall safety performance. The AE fulfills these responsibilities by providing the resources necessary to achieve PTASP goals and objectives by exercising the approval authority for system modifications as warranted. The AE also sets the agenda and facilitates the cooperative decision making of the management team. Chief Safety Officer (CSO) For purposes of managing the SMS and PTASP, the CSO will report directly to the AE to determine strategy, policy, and goals for maintaining safety and security for passengers, employees, and the public. The CSO will monitor day-to-day operations and work with staff to identify and mitigate risk through evaluation, feedback, and data analysis. Managers and Key Staff Treasure Coast Connector's contract managers and key staff will be responsible for maintaining high standards of safety, customer service, and security. The Employee Safety Reporting Program (ESRP) will define the employees' role to identify and mitigate risk through open communication to managers and superiors, including the CSO and AE. Administrative staff will be instrumental in ensuring action is taken to reduce risk, and the whole system is continuously monitored to ensure actions are effective and appropriate. Supervisors Supervisors are responsible for the safety performance of all personnel and equipment under their supervision. They are responsible for the initial investigation of all accidents and incidents and reporting these accidents and incidents to the Human Resources, Risk Management, and Transportation Operations Department. Employees All Treasure Coast Connector/MV Transportation personnel are responsible for performing their work safely and for following established safety -related rules, procedures, and work practices. All accidents, incidents, and hazards must be reported to their supervisor per established requirements to protect themselves, co-workers, customers, facilities, and equipment. Treasure Coast Connector/ MV Transportation staff will be involved with updates, modifications, and implementation of the PTASP. Each staff member brings a valued perspective to the development of policies and procedures they will be expected to implement. Every opportunity will be given for employees and riders to provide input to increasing safety at Treasure Coast Connector. Those opportunities include monthly safety meetings, annual employee meetings and training, department meetings, customer and employee surveys, and an open-door policy with access to all management staff. Page 115 Page 218 of 411 Employee Safety Reporting Program (ESRP) As stated in the Safety Management Policy Statement, the Treasure Coast Connector is determined to provide a safe working environment for its employees, riders, and the public. To ensure success, Treasure Coast Connector has developed an ESRP to enable employees to report any risk or perceived risk to a supervisor, CSO, or member of the administration that is non -punitive. The ESRP is designed to allow employees to report safety conditions to senior management without fear of disciplinary action or termination for reporting unsafe conditions and safety hazards. However, any observable unsafe, high - risk, hazardous behavior or actions taken by employees is not protected under the ESRP and may result in disciplinary action up to and including termination. The ESRP allows each employee to report detailed information and observations, whether they are a driver in service, maintenance staff, or other on -duty employees. This program dovetails with other methods currently in place to identify hazards or threats. Those methods include but are not limited to, the following: • Pre/Post Trip Inspections • Preventive Maintenance Inspections • Employee Evaluations • Facility Maintenance Plan • Service Evaluation and Planning Program • Training Program • Rider and Public Complaint/Compliment Process • Safety and Employee Meetings • Incident/Accident Policies • Safety Committee • Transit Director Open Door Policy Page 116 Page 219 of 411 Hazard Reporting Process Treasure Coast Connector has developed a Hazard Report Form referred to as a Loss Prevention Investigation Report to identify and provide information about hazards observed by employees while on -duty. The form identifies vital information to assist employees in determining an action to mitigate the threat or hazard. This form is not intended to replace accident forms currently being used but instead used in conjunction with the accident forms. It is a proactive reporting method to identify a perceived threat or hazard, potentially endangering employees, riders, or the public. The form serves a dual role as an incident, illness, and near -miss report. The Loss Prevention Investigation Report form is located in Appendix 2 of this Plan. July 1, 2020, all Treasure Coast Connector employees received one hour of training on the procedures associated with the Loss Prevention Investigation Report. The training covered the following areas: • Locations of blank Loss Prevention Investigation Report • When to use a Loss Prevention Investigation Report • Capturing critical information on the form • Notification process depending on the hazard • Proper assessment of the reported hazard • Supervisor and CSO role in completing the form • Follow-up process to determine the effectiveness of mitigation The following process is used as part of the Employee safety Reporting Program (ESRP). Immediate Action Required If you have identified a hazard, which you perceive to be a risk to yourself, fellow employees, passengers, or the public, you must report it immediately to the on -duty supervisor/dispatcher. Once reported, you must determine if immediate action is necessary to prevent additional risk. If so, communicate to the supervisor before taking action if time allows. Once the action has been taken to mitigate the potential harm to yourself, others, or property, advise a supervisor of the results of your actions once you can complete the Loss Prevention Investigation Report with complete information and give it to the supervisor on -duty. Delayed Action Required If an employee determines immediate action is unnecessary and delays, the action is appropriate; a full report must be completed using the Loss Prevention Investigation Report and submitted to the on -duty supervisor. Role of Supervisor The on -duty supervisor is responsible for advising the employee on immediate action or delayed action to mitigate a hazard. The supervisor must then review the Loss Prevention Investigation Report to ensure all information is included adding additional information from their perspective. Once the form is complete, it must be reviewed by the CSO to determine the action necessary, investigate the root cause of the hazard, and follow-up. Page 117 Page 220 of 411 The CSO is responsible for determining the status of each hazard reported. In some cases, hazards may be identified and are not able to be resolved, but actions are taken to reduce the risk of the hazard. It is Treasure Coast Connector's goal to eliminate all identified hazards if possible. Some hazards may require continuous monitoring to ensure the hazard does not elevate to an action level. All hazard reports will be documented and integrated into current performance measures and data collection. The CSO will track each hazard to completion and recommend policy or procedural changes if needed because of the hazard mitigation. Treasure Coast Connector Responsibility Treasure Coast Connector takes every hazard report seriously and investigates each one to determine if it is an isolated case or emerging trend requiring evaluation of policies and procedures or service modifications. Employees reporting hazards will not face disciplinary action. Treasure Coast Connector wants to encourage all employees to report any hazard or threat they observe and help make the Treasure Coast Connector system as safe as possible for its employees, riders, and the public. Employees may report the hazard to their immediate supervisor or go directly to the CSO to submit and discuss their report. EmployeeThe following process chart illustrates the steps taken as part of the hazard identification process through the .. Define the System •Define the physical and functional characteristics, and evaluate the people, procedures, facilities, equipment, and environment Identifv Hazards IL �•ueterminethe causesot hazards Page 1 18 Page 221 of 411 Section 5. Safety Risk Management Treasure Coast Connector provides training to all personnel to identify hazards and security threats while also providing tools to enable personnel to report these risks. Once the risk has been identified, the Treasure Coast Connector assesses the risk to determine the necessary response and response time. The response may include further investigation or monitoring, action(s) to mitigate the hazard or security threat, and follow-up assessment to ensure action taken is appropriate and effective. Safety Hazard Identification: Treasure Coast Connector used a document called Potential Sources of Hazard Information for Bus Transit Operations Version 1 (September 2019) to guide safety hazard identification. The Federal Transit Administration (FTA) prepared this document to help transit agencies identify potential sources of hazards for analysis through the Safety Risk Management (SRM) process. SRM works within the Agency's Safety Management System (SMS) to help agencies assess and mitigate safety risks. Source: https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/regulations-and- programs/safety/public-transportation-agency-safety-program/134116/potential-sources-hazard- information-bus-transit-operations.Of Hazard and security threats are identified through different methods of monitoring the system. This includes system, employee, and asset assessments conducted daily and on an incremental basis. Treasure Coast Connector management staff in the maintenance and operations department engage in a process for identifying and assessing changes that may introduce new hazards or impact the transit agency's safety performance. Treasure Coast Connector conducts the following routine and random evaluations of the system in the following areas: Personnel Each Treasure Coast Connector employee is evaluated annually to ensure they are performing their job to the expectations of the Agency. As part of their orientation, the employee is provided training and tools to perform their job while not receiving permanent status until completing 90 days of employment. During the 90 days, the employee is evaluated to determine if they are properly prepared to perform their job. Additional observations of the employee will be conducted throughout the year. These observations consist of one on one conversations with supervisors. If, through observation and feedback or annual evaluation, it is determined, the employee's performance does not meet expectations or training standards, remedial training will be provided, and additional evaluations will take place to ensure remedial training was effective. Assets Rolling stock, facilities, and equipment are monitored through a vigorous preventive maintenance plan to identify hazards and deficiencies as part of daily and scheduled inspections. Operations and Maintenance Departments coordinate the preventive maintenance program, including daily Vehicle Inspection Reports, incremental and annual inspections for facilities and equipment. The maintenance department reviews floor plan specification for new bus purchases. Page 119 Page 222 of 411 Transit Asset Management To meet Treasure Coast Connector's goal of achieving business benefits derived from an asset management approach that focuses on customer service improvements, increased productivity and cost containment, optimized resource allocation, and improvement in communications to stakeholders and consumers, the following objectives have been established in a Transit Asset Management Plan (TAM): • Establishes an inventory of current Treasure Coast Connector assets • Documents the current condition of the assets • Lists procedures in place to maintain the assets in a State of Good Repair (SGR) as defined by the FTA • Presents best practices guidelines for continuing fleet operation while maintaining effective transit asset management Treasure Coast Connector updates the FTA required Transit Asset Management (TAM) Plan annually with data relevant to each asset to include a condition assessment, miles (with rolling stock and non - revenue vehicles), and age as to whether the asset is in a State of Good Repair (SGR). Treasure Coast Connector defines the State of Good Repair (SOGR) as "the condition of an asset where the asset, at a minimum, is capable of delivering the required performance safely and reliably for a predetermined period." State of Good Repair may include short or long term, full or partial replacement/rehabilitation based on Treasure Coast Connector's needs. Critical to the safety and performance of a public transportation system is the condition of its capital assets —most notably, its equipment, rolling stock, infrastructure, and facilities. The TAM Plan allows Treasure Coast Connector management to collect and use asset condition data, set targets, and develop informed strategies to prioritize investments to meet their state of good repair goals. The following are three specific elements of the connection between Treasure Coast Connector's Safety Plan and Transit Asset Management Plan: 1. Treasure Coast Connector asset condition assessments will direct and inform Treasure Coast Connector's SMS of assets in poor condition and pose a risk that might negatively affect performance, reliability, or quality of service. 2. Treasure Coast Connector's SMS will provide valuable input to the TAM Plan and help evaluate investment strategies and prioritizing fleet, facilities, and equipment rehabilitation and replacement. 3. Treasure Coast Connector's Accountable Executive is ultimately responsible for risk management and safety assurance under Treasure Coast Connector's SMS and has a focused decision -making role in the TAM Plan and investment prioritization understanding the relationship between safety and asset management. System As part of Treasure Coast Connector's safety management system monitoring, the agency uses service safety evaluations when responding to an event like an accident or incident. Existing routes are examined for areas of improved safety when a safety incident or event occurs. New routes are Page 120 Page 223 of 411 strategically developed, with safety being the top priority and passenger access second. Treasure Coast Connector route planners plan and test all routes before activating the route for revenue service. All routes are reviewed periodically to determine if environmental hazards may require modification to the route, schedule, or vehicle. All frontline staff members are trained to note any changes to service, which may be considered a hazard or security threat, and through the ESRP, notify their supervisors immediately or upon return to Treasure Coast Connector depending on the severity of the hazard. Hazard Identification Procedure Any employee seeing something through inspection or observation they deem to be a hazard are instructed to immediately report that hazard to the immediate supervisor regardless of the perceived level of threat. Depending on the situation, either the immediate supervisor or the employee will complete a Loss Prevention Investigation Form and submit it to the CSO. If the hazard requires immediate mitigation, the employee will be instructed to reduce the risk, which may or may not alleviate the risk completely. Additional actions may be taken once the immediate risk mitigation has been taken. Some hazards may not pose an immediate risk but are still reported to the CSO, responsible for risk assessment, investigation, and mitigation strategy. In some cases, a passenger or member of the public may call Treasure Coast Connector a complaint about a frontline employee, which may rise to the level of dangerous behavior or actions. Treasure Coast Connector currently documents all customer complaints/compliments and takes appropriate action to investigate any complaints. Complaints deemed hazardous will trigger immediate action by on -duty supervisors. Loss Prevention Identification Forms will be located on all vehicles and standard safety kits for accident and incident reporting, with all Customer Service Representatives (CSR)'s, Dispatch, Operations, and Maintenance Departments. A copy of the form is in Appendix 2. The Loss Prevention Investigation Form will require the employee to briefly describe the hazard stating the date, time of day, location, and other pertinent information. The form includes a section for the CSO or immediate supervisor to document immediate action taken to reduce risk, a risk assessment chart prioritizing the risk, and a section for additional follow-up action. All forms will be processed by the CSO and summarized periodically for trend analysis and include in safety performance measures. Safety Risk Assessment All Treasure Coast Connector staff are provided with training appropriate for their positions within the organization. Treasure Coast Connector expects its employees to respond to hazards or threats with professional judgment, as sometimes there might not be time to contact a supervisor to prevent an emergency event. If the hazard can be reported without immediate risk, the employee will make an initial assessment of the risk as part of their report. Information collected from accident reports, safety reporting programs, observations, reviews, and the investigation is used to rate the risk; this allows the agency to prioritize its risk based on severity. Page 121 Page 224 of 411 Likelihood/ Severity Risk Catastrophic (1) Assessment Matrix Critical (2) Marginal (3) Negligible (4) Frequent (A) HIGH HIGH HIGH MEDIUM Probable (B) HIGH HIGH MEDIUM MEDIUM Occasional (C) HIGH MEDIUM MEDIUM LOW Remote (D) MEDIUM MEDIUM LOW LOW Improbable (E) LOW i1i'Low LOW HIGH- Level 1 (Unacceptable — fety risk must be mitigated or eliminated. MEDIUM- Level 2 (Executive management must decide whether to accept safety risk with monitoring or require additional action. LOW- Level 3 Acceptable with Review: e safety risk is acceptable pending management review. Page 122 Page 225 of 411 Once received by the CSO, the initial risk assessment may be amended, requiring an immediate, short, or long-term response. Level 1 - Immediate: A deficiency, threat, or hazard requiring immediate attention to mitigate risk temporarily until further action can be taken or complete mitigation. Level 2 - Short Term: Action is needed within seven days to mitigate an identified deficiency, threat, or hazard. The deficiency, threat, or hazard does not pose an immediate danger, but if no action is taken could elevate to an immediate level risk. Level 3 - Long Term: A deficiency, threat, or hazard has been identified but does not pose a threat currently but could later. Continued monitoring and awareness are required. Leve 11 • Immediate Action Required • Intitiate Mitigation Leve 12 • Short-term Action Required •Investigate & M itigate Level 3 • Long-term Action Required • Continue Monitoring The CSO, in coordination with staff, will investigate each identified hazard, assess the risk, and take appropriate action to mitigate the risk. Additional mitigation may be needed based on follow-up monitoring to the action taken. Safety Risk Mitigation In response to all identified and assessed hazards, Treasure Coast Connector will take steps to mitigate the hazard and reduce or eliminate the risk to employees, riders, and the public. Mitigation strategies will be dependent on the results of an investigation into the elements contributing to the risks. The investigation may include more than one department and may include interviews outside of the transit system. Actions to mitigate risk will include all employees, riders, and the public who may be impacted by either the hazard or the actions to reduce or alleviate the risk. Treasure Coast Connector will communicate actions to appropriate staff through methods of appropriate risk assessment. In some cases, immediate communication through two-way communications (dispatch system, text burst, email, or web alert) may be necessary. In other cases, bulletin board notices or memorandum posting may be appropriate. Page 123 Page 226 of 411 Once a risk mitigation strategy has been implemented, Treasure Coast Connector will monitor the actions to determine if full mitigation is possible and, if not, is additional action necessary to alleviate the risk or is stepped up monitoring necessary. Some risks may not be completely mitigated, but awareness of the risk will is a top priority. All actions taken to mitigate risk will be documented and linked to the initial deficiency, threat, or hazard identification step. Identify Hazard i Assess LAM Mitigate Communicate 0 Investigate 1 001 Communicate Evaluate Monitor v U O 0 Section 6. Safety Assurance Performance Monitoring and Measurement Safety performance monitoring and measurement involve the continual monitoring of the transit agency's activities to understand safety performance. Through these efforts, Treasure Coast Connector can determine whether it is meeting its safety objectives and safety performance targets, as well as the extent to which it is effectively implementing Safety Management Systems (SMS). Treasure Coast Connector is constantly striving to maintain the highest level of safety through its monitoring methods to include adherence to policies and procedures, safety and maintenance plans, and system and employee evaluation processes. These methods allow Treasure Coast Connector to determine the need to make changes to improve policies, employee training, and service delivery. Safety Committee The safety committee oversees procedures and processes that directly and indirectly affect the safe operation of Treasure Coast Connector's bus and paratransit systems. The Safety Committee shall review and make recommendations for improvements in training for operators, field Supervisors, vehicle, and facility maintenance. They shall review and provide recommendations for improvements in operations and maintenance procedures and practices to include road calls and pre -trip inspections of revenue service vehicles. Changes to the bus system's configuration shall be reviewed by the Safety Page 124 Page 227 of 411 Committee for information purposes and ensure all affected areas remain in compliance with the PTASP and Configuration Management. The membership of the Safety Committee shall be represented by a member of operations, safety and training, vehicle maintenance, planning, and customer service. The Accountable Executive (AE) shall oversee the Safety Committee and shall hear any disputes arising from the Safety Committee findings and recommendations. The Safety Committee will meet and conduct inspections quarterly. Maintenance Maintenance Standards and Procedures Standards and procedures are included in the MV Maintenance Plan. In general, maintenance procedures are designed to ensure that the maintenance recommendations of the manufacturer are met, maximum efficiency in performance and operation is obtained, and maximum bus life and condition are maintained. Daily bus inspections, and active Preventive Maintenance Program, and careful monitoring are included in procedures to ensure the safety of buses and adequacy of the Fleet Maintenance Plan. Operator Inspections All operators must perform a pre -trip and post -trip inspection to ensure that the vehicle is safe and in good operating condition. If the operator notes any defects, a Defect Slip is completed, and, depending on the severity and extent of the defect, the vehicle may be repaired or taken out of service until a repair is completed. Daily Servicing and Inspections The MV Maintenance Department inspects and services buses used in revenue service each day. The buses are fueled and washed, all fluids are checked, tires and lugs are checked, and the vehicle is inspected for any leaks or unusual noises. The Cleaners clean the bus interiors each day. When a defect is noted, it is reported to the Lead Mechanic or Supervisor on shift so that evaluation and, if necessary, a repair can be conducted. Mileage -Based Maintenance Inspections All buses receive preventive maintenance inspections (PMI) at designated mileage intervals. Oil sampling is performed periodically for both engines and transmissions. A description of the schedule and type of inspection and service performed for each bus series is included in the MV Maintenance Plan. Operations Page 125 Page 228 of 411 Facility Monitoring Formal facility inspections of all Treasure Coast Connector facilities and grounds are conducted by Treasure Coast Connector Maintenance/Safety/Facilities quarterly using a facility checklist. The purpose of the inspections is to identify any unsafe or unhealthy conditions that may exist and that may require maintenance or modification. Each facility is also visually inspected for compliance with OSHA and local fire codes. Treasure Coast Connector's administration facility requires all visitors to check -in and provides a visit purpose. Employees are trained on procedures for visitors in the workplace, and facility access is limited through security systems. Frequency The Safety Committee conducts its safety inspections quarterly. Mechanics and Facilities Maintenance employees look for potential hazards with equipment whenever they are using that equipment. The vehicle hoists, chain pulls, and lifts in the vehicle maintenance shop are inspected annually by contractors. Preventive maintenance of equipment and facilities is performed following the manufacturer's recommended practice. Hazards are also identified by analyzing work accident trends, through Loss Prevention Investigation Forms submitted by employees. Forms are used by employees to report safety concerns and to make safety recommendations. Reporting When deficiencies are noted during quarterly inspections, they are documented and reported to the director of the department in which the safety hazard is located. When safety hazards are noted by non-scheduled observation, they must be reported by the observer to a supervisor or CSO. Loss Prevention Investigation Forms are routed to the department, Chief Safety Officer or director best equipped to evaluate the concern and, when necessary, propose a resolution. Hazard Resolution The primary purpose of facility inspections and hazard reporting is to identify conditions that could lead to accidents and losses. Given this, all departments and employees must be involved in the Facility Inspection and the Hazard Identification and Resolution processes. Hazard resolution is related to the severity of the hazard and the probability and severity of a negative consequence. Follow-up Corrective action for a real hazard that has been identified by any established process is the responsibility of the director of the department area in which the hazard exists or the CSO. This includes arranging for the services of other Treasure Coast Connector departments or outside parties, as necessary, to eliminate or control the hazard. Documentation Hazards identified, proposed resolutions, and corrective actions are recorded in hard copy by the Safety Committee and maintained by CSO. All frontline personnel is responsible for monitoring safety and security as part of their respective positions. If a hazard is identified through observation or interaction with customers or the public, it is reported to the immediate supervisor and following MV's hazard reporting process. Page 126 Page 229 of 411 Employee Hazard Reporting Loss Reports Employees can fill out a Loss Prevention Investigation Report Form, which is turned into the affected department and the CSO, and talk with a supervisor or the Operations Manager. They can also contact a Safety Committee member, comprised of a cross-section of Treasure Coast Connector or MV team members. Depending on the severity/risk of the hazard identified, immediate action may be taken, or the input will be brought to the Safety Committee for discussion. Feedback will be provided to the employee on what action, if any, will be taken. All employees follow the Employee Hazard Reporting Program Policy. Route/Operations Safety Employees can fill out a Loss Prevention Investigation Report Form or discuss suggestions for making the system/route safer. Treasure Coast Connector and MV encourage employees to be advocates for safety while also suggesting methods of increasing performance. Management has an open-door policy and makes clear the importance of employee feedback, positive and negative. Safety Events Accident and Incident Reporting Process All accidents and loss incidents are to be investigated. Treasure Coast Connector's safe driving standards require the professional, safe performance of all operators. To ensure better than average safety performance, Treasure Coast Connector employs the National Safety Council guidelines to determine if a collision or onboard incident could have been prevented. All personnel operating any Treasure Coast Connector vehicle are held to this standard. The Treasure Coast Connector Operator's Manual includes procedures and responsibilities for accident/incident investigation. The combined manuals establish procedures for accident notification, response, and investigation. Transit Operations coordinates with outside law enforcement agencies if they investigate an event. Administrative staff coordinates with outside insurance providers and supports Treasure Coast Connector departments and independent investigation to manage Treasure Coast Connector liability and claims. Most accidents and incidents involving Treasure Coast Connector are relatively minor in severity and are investigated by operations field supervision. Since most accidents involve buses, this section focuses on bus accidents. However, all non -bus accidents and incidents are also investigated. Notification Bus Operators notify the operations system supervisor anytime a Treasure Coast Connector vehicle might have been damaged, anytime a Treasure Coast Connector vehicle and another vehicle come into contact, or anytime an instance occurs where a customer may have been injured. The operations supervisor will be directed to the scene of an accident. Police and ambulance will be dispatched, if necessary. Page 127 Page 230 of 411 At -Scene Procedures Bus operators will adhere to the following procedures defined in the Treasure Coast Connector Operator's Manual: • Assist the injured • If blocking traffic, set out reflective triangles • Do not move the coach unless required to do so by an Operations Supervisor, fire or police order, or impending danger from traffic • Obtain names, addresses, and phone numbers of all witnesses • Have all customers sign the customer list • Contact dispatch for supervisor support Operations supervisors are responsible for conducting on -scene investigations of accidents and incidents. Depending on the severity and the nature of the event, various mechanisms will be used for preserving transient evidence. These may include digital photography, bus video, field sketches, other available video, interviews, and observations. Investigation An attempt is made to complete the investigation of most accidents within three days. Operations supervisors are required to complete an Accident/Incident Report. Operators are also required to complete an Accident Information Report. The Supervisor is required to file the report and attach all relevant backup documentation for use by the Director of Operations and the CSO. A Report of Injury Form must be completed if an employee suffers an injury or illness due to an accident or incident. Accident Review Process Accident Review Committee The Accident Review Committee is comprised of five members, which include two bus Operators, a Maintenance Employee, and 2 Supervisors with the Safety Director as chairman and a staff member from the Transit Division. Accident reports and evidence are reviewed, analyzed, and each committee member confidentially decides who is responsible for an accident. Accidents and Incidents are classified as Preventable or Non -Preventable. A preventable accident is when the employee failed to do everything reasonable to prevent it, as defined by the National Safety Council. A non -preventable accident is one in which the employee was not at fault Any employee who has been determined to have had a preventable accident is informed by letter, explaining the reason for the decision and the opportunity to appeal that decision in person at the Accident Review Committee (ARC). Page 128 Page 231 of 411 It is the responsibility of an employee desiring to appeal to submit a letter of request to the Operations Manager, no later than ten days before the next ARC meeting. Failure to comply with the established time limits shall relinquish the employee's right to appeal. If the employee wishes to have Union representation, it is their responsibility to make contact and arrangements. An employee appealing to the committee explains the accident situation, presents any new evidence, and answers questions the members may have. After the appeal, the committee again reviews the accident circumstances and votes on a decision, which is final. The Accident Review Committee also reviews all on-the-job injury accidents resulting in lost time and or an incurred medical bill, as well as any safety issues, in efforts to reduce accident occurrences. Hazard Resolution The primary purpose of the Accident Investigation process is to determine the root cause(s) of accidents so that they may be prevented or mitigated in the future. To this end, it is crucial that all relevant departments be appropriately involved in the Process. A serious attempt is made to use lessons learned through the investigatory process to incorporate hazard resolutions into future procedures, designs, construction, modifications, training, and procurements. Follow-up Follow-up in the form of corrective actions is the responsibility of the employee's director. The responsibility may be delegated to the employee's manager, supervisor, or CSO. Any disciplinary action will be assessed using the Collective Bargaining Agreement procedures or the Administrative Handbook. Disciplinary consequences for accidents may include warnings, suspensions, and discharge. Internal Reporting The Operations Supervisor is responsible for ensuring that all accident reports are completed and filed in the appropriate office. Human Resources will advise on the history of the employee if a pattern of safety events is evident. Documentation Transit Operations and Human Resources and CSO maintain the accident investigation documentation. Continuous Improvement of Safety Performance If Treasure Coast Connector identifies safety deficiencies as part of its safety performance assessment, Treasure Coast Connector will develop and carry out, under the direction of the Accountable Executive, a plan to address the identified safety deficiencies. Through a series of performance measures relative to operations, maintenance, and safety, Treasure Coast Connector can monitor the system's safety by identifying trends and gaps in policies, procedures, training, and monitoring efforts. The following performance measures are on a daily, monthly, and quarterly basis. Page 129 Page 232 of 411 Maintenance • Preventive Maintenance On -time Inspection Percentage — determines the effectiveness of the maintenance department to ensure all inspections are conducted per manufacturing and Treasure Coast Connector mileage intervals. • Vehicles Removed From Revenue Service — track vehicles removed from service due to a mechanical defect developed while in service requiring immediate service either on -site of failure or once returned to the facility. • Annual Vehicle Condition Assessment — through annual inspection, determines on a scale of 1-5 the overall condition of the asset. This performance measure is also used in annual updates of Treasure Coast Connector's Transit Asset Management Plan. Operations • Customer Complaints Per Month — tracks all customer complaints to identify areas of deficiency with vehicle, driver, or other Treasure Coast Connector areas. Safety -related complaints are immediately routed to a supervisor on -duty or the CSO for investigation mitigation and response. Complaints may be a result of phone calls, the website, or Treasure Coast Connector public forums. • On -time Performance — serves as an indicator of issues with time management, environmental factors, scheduling, and vehicle and driver performance. • On -board Surveys — conducted annually, allow Treasure Coast Connector to receive rider feedback about bus operator performance, customer service, and vehicle safety. Safety • Safety Performance Measure: Fatalities (total number of reportable fatalities and rate per total vehicle revenue miles by mode) • Safety Performance Measure: Injuries (total number of reportable injuries and rate per total vehicle revenue miles by mode) • Safety Performance Measure: Safety Events (total number of reportable events and rate per total vehicle revenue miles by mode) • Safety Performance Measure: System Reliability (mean distance between major mechanical failures by mode) 7. Safety Promotion Communication of Treasure Coast Connector safety and safety performance information is achieved primarily through Treasure Coast Connector's Safety Management Policy and includes: Information on hazards and safety risks relevant to employees' roles and responsibilities, and Page 130 Page 233 of 411 Safety actions are taken in response to reports submitted through an employee safety reporting program ESRP Treasure Coast Connector has a comprehensive safety training program for all employees and sub -contractors directly responsible for safety. Treasure Coast Connector's Safety program includes appropriate training for employees at all levels in all departments. Operator Selection Hiring Practices Selecting applicants best suited to excel at the Bus Operator job requirements is critical to safe transit operations. The transit Bus Operator is directly responsible for the safety of not only the passengers, but also the pedestrians, bicyclists, drivers, and all others who share the road with the transit vehicle. Treasure Coast Connector's hiring process includes the following components: Applications Applicants are sought through postings in traditional and culturally diverse media, referrals from current employees, posted in public facilities, a local newspaper, MV's website, and applications filed by prospective candidates when there are no positions available. The applications are screened by key personnel in Human Resources and Transit Operations. Interview After application reviews, applicants are then interviewed by a panel comprised of an Operations Supervisor, an Operator/Instructor, and an HR or other administrative staff person. The interview process is designed to evaluate a candidate's strengths in customer service, the ability to simultaneous perform tasks, conflict resolution, and the ability to perform well under temporal and interpersonal pressure. Driving Record To be eligible for hire, a candidate must submit an acceptable driving record that meets the minimum hiring requirements with Treasure Coast Connector. Licensing To be eligible for hire, a candidate must be able to earn a CDL with a Passenger and Air Brake Endorsement. Criminal Background Check To be eligible for hire, a candidate must submit to a Criminal Background Check administered by the Florida Department of Elder Affairs and other state and federal agencies. The results must meet all statutory and Treasure Coast Connector standards for the Bus Operator position. Drug Testing To be eligible for hire, a candidate must produce a negative result for a pre -employment drug test. Physical Capacities Testing To be eligible for hire, a candidate must pass a position -specific physical capacities test. Page 131 Page 234 of 411 Training There are formal training programs for Bus Operators, Maintenance employees, and Operations employees. These include training classes, manuals, Treasure Coast Connector Standard Operating Procedures, and on-the-job training. The safety component of training is designed to make employees aware of the hazards of their jobs and the appropriate methods for controlling these hazards. The training is intended to motivate employees to work safely. The three main categories of training are (1) Initial, (2) Periodic, and (3) Remedial or Refresher. Initial Bus Operator Training New Bus Operators receive intensive training. The training is from 5 to 8-week long. The training course covers every aspect of their new job. Some components of the training are delivered in the classroom. The majority of learning occurs on the buses during off -route and on -route training. The training includes, but is not limited to, the following areas: • Smith System Defensive Driving • Bicycle and Pedestrian Awareness • Orientation to Treasure Coast Connector Bus System • Basic Bus Maneuvers • System Procedures • Communication skills • Customer Service • Accessible Service • Emergency Management • Fleet Services • Personal Safety • Health/Injury Prevention • Stress Management • CDL Preparation • On -route Training • Road Rage / Work Place Violence • Active Shooter • Security Awareness / See It Say It Program • Fatigue Awareness Page 132 Page 235 of 411 On -route training provides real service experience with an Operator Instructor on the new operator's regularly scheduled work. The time the new employee operates the revenue route is increased daily. Each day the student receives a full review and debriefing from his or her instructor. Instructors communicate with one another regarding where additional training for new operators is required. Student rotation among the Operator Instructor group provides each student with experience across various routes, vehicles, times of day, instructional styles, and driving conditions. After the initial training, new Bus Operators receive additional support and training as needed. Annual Training for All Bus Operators Every year, each bus operator receives one full day of refresher and topical training. The training addresses, but is not limited to, the following topics: • Fatigue Awareness • Dealing With Difficult People • Resolving Conflict • Harassment • Effectively Dealing With People of Differing Ages • Proper Securement of Mobility Devices • Defensive Driving Course • Blood borne Pathogens • Safety/Security Update • Injury Prevention • Accessible Service Sensitivity • PTASP Initial Operation Supervisor Training Transit Operations Supervisors begin their career path, almost exclusively, as bus operators who first work in the position of temporary supervisor or dispatcher. A temporary supervisor performs many functions of the full supervisory position and receives training in, but not limited to, the following areas: • Drug & Alcohol (Policy and procedures for all types of FTA-mandated testing) • Accident Investigation (based on the TSI model) • Emergency Procedures • Security Procedures • On-the-job Injury Claims • Blood Borne Pathogens • Data Entry and Recordkeeping • Sexual Harassment Page 133 Page 236 of 411 • Cultural Diversity • Coaching/Criticism/Discipline • Dispatch Operations • Field Operations • First Aid and Defibrillator • Basic Writing • Road Rage • Conflict Resolution • Right to Know • Safe Place Injury and Illness Prevention Training Injury and Illness Prevention Training is directed toward achieving a safe working environment for all employees and reducing the chance of occupational -related injuries and illnesses. The majority of training targets employees working in the Maintenance and Facilities Maintenance Departments because they have the greatest exposure to occupational hazards. The program is based on applicable Federal, State, and local safety codes and regulations. Some areas addressed in training include: • Handling Hazardous Materials (Right to Know) • Slips, Trips, and Falls / Fall Protection • Personal Protection Equipment • Material Safety Data Sheets (MSDS) and Labels • First Aid • Portable Lift Safety • Forklift Inspections and Safety • Spotter Backing Out Vehicle from Shop Training • Fueling Procedures Propane Leak -fire Procedures • Tire Machine Safety Training • Electric Chord Safety • Blood borne Pathogens • Hazardous Materials Storage • Spill Response Page 134 Page 237 of 411 Emergency Response Planning and Coordination Details are contained in the Treasure Coast Connector Emergency Action Plan and Evacuation Request Procedures. System Modification Design Review and Approval General Process The Treasure Coast Connector bus system is regularly modified in response to operational experience, the addition of new types of service, and changes in service design and levels. Treasure Coast Connector's philosophy is to use appropriate new technologies to benefit the environment and the community it serves. The challenge is to review any proposed modification adequately before it is approved. Any proposed modification should be evaluated to ensure it is compatible with existing systems and does not introduce new hazards to the system or reduce the effectiveness of existing hazard controls. Equipment modifications may be proposed by any employee of any department that uses the equipment. Changes may also occur from an analysis of reliability performance, historical data, and available improvements in equipment design and components. Modification Design Review The director and managers shall make a review of any modification in the equipment design of the department responsible for the equipment. It is an informal practice to include human resources and operations in the review regarding any change that might affect safety. The impact on the safety of all designs and specifications should be identified and evaluated before the change is approved. Some of the areas to be considered include but are not limited to: • Hazardous Materials (handling and use) • Motor Vehicle Safety • Human Factor • Occupational Health and Safety • Materials Compatibility • Fire Protection • Lighting • Braking systems • Mirrors • Warning Devices Modifications must not be made before determining how they might affect the safety of the system or any other systems. Other departments may evaluate a proposed change to determine its compatibility with other systems (e.g., hoists, fueling systems, communications systems). The evaluation may also Page 135 Page 238 of 411 include a review of applicable regulations, such as the Federal Motor Vehicle Safety Standards and Regulations and the U.S. Department of Labor's Occupational Safety and Health Act. Testing may also be performed to evaluate the safety of a proposed modification. The testing of small changes may be minimal. For substantial modifications, extensive field testing, mock-ups, and structural evaluations may be employed. Modification Design Approval Final approval is generally made by either the Director of Maintenance or the Assistant Transit Director of Operations and Maintenance with the concurrence of the Chief Safety Officer (CSO) and the Accountable Executive (AE). When modifications are made by a bus manufacturer, the Director of Maintenance works with the manufacturer, and contractual changes may be made. If changes are substantial, additional training will be provided for maintenance and operation staff. Monitoring Once a modification is put in place, feedback from the operating department is solicited to evaluate the performance of the modification. Unsolicited input from the operating department and its employees (end users) is also encouraged. Depending on the nature of the modification, the Human Resources, Planning, and the Safety Committee may be involved in the process. Documentation The Maintenance Department is responsible for documenting any vehicle or facility modifications. Documentation may involve changing diagrams, schematics, manuals, service bulletins, service intervals, standard operating procedures, and Material Safety Data Sheets. Maintenance Supervisors are responsible for updating Safety Data Sheets based on input from product manufacturers. Routes The Scheduler designs Para Transit Route modifications. Planning may use a current Bus Operator to test routing. This experience -based, real -world process is designed to protect the safety of the transit bus, transit passengers, other vehicles, and pedestrians. The Scheduler informs the Operations Department and Safety Committee of any proposed route modifications. The Scheduler can request that the Committee evaluate a specific proposal, or the Committee can choose to evaluate any proposed modifications. Transit operations management may request a route modification it believes will improve operations. It may also choose to evaluate a modification that has been proposed by another department. Input from individual Bus Operators is encouraged through the Loss Prevention Investigation Form, direct communication, and periodic surveying of Operators conducted by Schedulers. Finally, the Scheduler maintains a cooperative working relationship with the appropriate planning and road departments of all municipal levels of government within which Treasure Coast Connector operates. Page 136 Page 239 of 411 Additional Information The Treasure Coast Connector PTASP was developed from documents, policies, and procedures and manuals. Those documents are listed below: • Treasure Coast Connector Employee Handbook • Vehicle Maintenance Plan • Facility Maintenance Plan • Training Manual Page 137 Page 240 of 411 Appendix 1 Glossary Accident means an event that involves any of the following: a loss of life; a report of a serious injury to a person; a collision of rail transit vehicles; a runaway train; an evacuation for life safety reasons; or any derailment of a rail transit vehicle, at any location, at any time, whatever the cause. Accident Review Committee engages in the accident review process reviewing accident reports and evidence, and each committee member confidentially decides of responsibility for an accident. Accidents and Incidents are classified as Preventable or Non -Preventable Accountable Executive (AE), (typically the highest executive in the agency) means a single, identifiable person who has ultimate responsibility for carrying out the Safety Management System of a public transportation agency, and control or direction over the human and capital resources needed to develop and maintain both the agency's Public Transportation Agency Safety Plan, in accordance with 49 U.S.C. 5329(d), and the agency's Transit Asset Management Plan in accordance with 49 U.S.C. 5326. Chief Safety Officer (CSO) an individual who manages the day-to-day adherence to the Safety Plan and, while in this role, reports directly to the Accountable Executive (AE). As CSO, this individual will monitor safety and security throughout the organization, including sub -contractors. All departments have been notified of the CSO's role and the established reporting requirements relating to safety -related matters. Employee Safety Reporting Program (ESRP) a program developed to enable employees to report any risk or perceived risk to a supervisor, CSO, or member of the administration that is non -punitive. The ESRP is designed to allow employees to report safety conditions to senior management without fear of disciplinary action or termination for reporting unsafe conditions and safety hazards. Event means an accident, incident, or occurrence. Fatality means a death or suicide confirmed within 30 days of a reported event. It does not include deaths in or on transit property resulting from illness or other natural causes. Reported in National Transit Database (NTD) data sheet S&S-40 Florida Department of Transportation (FDOT) the state department of transportation responsible for administering transit grant programs to eligible recipients. Hazard means any real or potential condition that can cause injury, illness, or death, damage to or loss of the facilities, equipment, rolling stock, or infrastructure of a public transportation system; or damage to the environment. Incident means any event that involves any of the following: a personal injury that is not serious; one or more injuries requiring medical transport; or damage to facilities, equipment, rolling stock, or infrastructure that disrupts the operations of a transit agency. Injury is defined as any damage or harm to persons due to an event that requires immediate medical attention away from the scene —reported in National Transit Database (NTD) data sheet S&5-40 for a major event and SS-50 for a non -major event. Page 138 Page 241 of 411 Major Mechanical Failures is defined as a failure of some mechanical element of the revenue vehicle that prevents the vehicle from completing a scheduled revenue trip or from starting the next scheduled revenue trip because the actual movement is limited or because of safety concerns. Reported in National Transit Database (NTD) data sheet S-20 National Transit Database (NTD) The NTD was set up by Congress in 1974 to be the repository of data about the financial, operating, and asset conditions of American transit systems. The NTD is designed to support local, state, and regional planning efforts and help governments and other decision -makers make multi -year comparisons and perform trend analyses. OSONOC Other Safety Occurrence Not Otherwise Classified The Public Transportation Agency Safety Plan (PTASP) safety plan integrates safety into all Treasure Coast Connector system operations. The safety plan describes the policies, procedures, and requirements to be followed by management, maintenance, and operations personnel to provide a safe environment for employees, customers, and the general public. The goal of this program is to eliminate the human and fiscal cost of avoidable personal injury and vehicle accidents. Passenger means a person other than an operator who is on board, boarding, or alighting from a vehicle on a public transportation system for the purpose of travel. Transportation Planning Organization Transportation Planning Organization (TPO) is the duly designated and constituted body responsible for carrying out the urban transportation planning and programming process for designated. Safety Assurance means the process within a transit agency's Safety Management System that functions to ensure the implementation and effectiveness of safety risk mitigation and to ensure that the transit agency meets or exceeds its safety objectives through the collection, analysis, and assessment of information. Safety Event is defined as a collision, derailment, fire, hazardous material spill, the act of nature (Act of God), evacuation, or OSONOC occurring on transit right-of-way, in a transit revenue facility, in a transit maintenance facility, or involving a transit revenue vehicle and meeting established National Transit Database (NTD) thresholds. Reported in National Transit Database (NTD) data sheet S&S-40 for major event and SS-50 for non -major event Safety Committee is charged with overseeing procedures and processes that directly and indirectly affect the safe operation of the Bus and Paratransit Systems. The Safety Committee shall review and make recommendations for improvements to system operations and maintenance by conducting quarterly inspections and audits of facilities, vehicles, operations, and maintenance personnel standard operating procedures, processes, and practices. Safety Management Policy means a transit agency's documented commitment to safety, which defines the transit agency's safety objectives and the accountabilities and responsibilities of its employees about safety. Safety Management System (SMS) means the formal, top -down, data -driven, organization -wide approach to managing safety risk and assuring the effectiveness of a transit agency's safety risk mitigation. SMS includes systematic procedures, practices, and policies for managing risks and hazards. Page 139 Page 242 of 411 Safety objective means a general goal or desired outcome related to safety. Safety performance means an organization's safety effectiveness and efficiency, as defined by safety performance indicators and targets, measured against its safety objectives. Safety performance indicator refers to a data -driven, quantifiable parameter used for monitoring and assessing safety performance. Safety Performance Measure is an expression based on a quantifiable indicator of performance or condition that is used to establish targets and to assess progress toward meeting the established targets. Safety performance monitoring means activities aimed at quantifying an organization's safety effectiveness and efficiency during service delivery operations, through a combination of safety performance indicators and safety performance targets. Safety performance target means a quantifiable level of performance or condition, expressed as a value for a given performance measure, achieved over a specified timeframe related to safety management activities. Safety Promotion means a combination of training and communication of safety information to support SMS as applied to the transit agency's public transportation system. Safety risk means the assessed probability and severity of the potential consequence(s) of a hazard, using as reference the worst foreseeable, but a credible outcome. Safety risk assessment means the formal activity whereby a transit agency determines Safety Risk Management priorities by establishing the significance or value of its safety risks. Safety risk mitigation means the activities whereby a public transportation agency controls the probability or severity of the potential consequences of hazards. Safety risk probability means the likelihood that a consequence might occur, taking as reference the worst foreseeable —but credible —condition. Safety risk severity means the anticipated effects of a consequence, should it materialize, taking as reference the worst foreseeable —but credible —condition. Security Event means an occurrence of a bomb threat, bombing, arson, hijacking, sabotage, cybersecurity event, assault, robbery, rape, burglary, suicide, attempted suicide (not involving a transit vehicle), larceny, theft, vandalism, homicide, CBR (chemical/biological/radiological) or nuclear release, or other events. Serious Injury means any injury which: (1) Requires hospitalization for more than 48 hours, commencing within seven days from the date of the injury was received; (2) results in a fracture of any bone (except simple fractures of fingers, toes, or nose); (3) causes severe hemorrhages, nerve, muscle, or tendon damage; (4) involves any internal organ; or (5) involves second- or third-degree burns, or any burns affecting more than 5 percent of the body surface. Page 140 Page 243 of 411 State of Good Repair means the condition in which a capital asset can operate at a full level of performance. System Reliability is defined as measuring the mean distance between major mechanical failures in a transit system and usually measured by mode. Vehicle Revenue Miles (VRM) Means the miles that vehicles are scheduled to or travel while in revenue service. Vehicle revenue miles include: • Layover/recovery time. Exclude: • Deadhead; • Operator training; • Vehicle maintenance testing; and • School bus and charter services. Page 141 Page 244 of 411 Appendix 2 - C • I T� A FAL- L —A-- R I D A Loss Prevention Investigation Report Form Ref: 1 Version: ] Hazard identified: Conducted by: In attendance: Location of Hazard: Date: What is the hazard? What are the risks associated with the hazard? People/person who may be affected by the hazard: What has already been done to control the hazard? (Note: leave this section blank if nothing has been done) Initial risk rating: [-]low ❑moderate ❑high ❑critical ❑catastrophic Note: further action needs to be taken if the initial risk rating for the hazard is higher than "low" What further action needs to be taken? (eg. provide training, review of safe work procedure, provide manual task equipment, etc.) By when (date): Residual risk rating: Dow ❑moderate ❑high ❑critical ❑catastrophic Note: the residual risk rating should be 'low" at this stage; if this is not the case, think of a more effective way to control the hazard Completion date: Completed by: Version 103162020 Page 142 Page 245 of 411 Appendix 3 2020 NTD Safety & Security Quick Reference Cuide — Nan -Rail Mode Reporting Reportabie fwenrt_ A safety or security everrt occurring= an transit right-qf--way or infrustnKfure, at a transit revenue fa€ bty, at a mcirrtenance fadlrty, during a transit aerated mairnenance activity, or involving a transit n-venue vehicle. Exchrded from this event reporting requirement areeverrts that occur off trarrsa property where affected persons, vehides, or of ects name to rest an trorrsrtpropertyafter the event, OSHA events in adrrrrnistrative bur7drngs, deaths that are a result ofiriness or other natural causes, other events tassauit robber}; nonLerorrsrt vehicle eaitisrans, etc.) occurring at bus stops or shelters that are not on tronsrt-owned property (unless boarding/alighting at the tirrre), co frsrons that occur while troverlrng to orfrorn a transit-rProted mairrtenance activity, cohrrsrorrs irrvoiving a supervisor car, or other transit service vehicle aperating on pubTieroads.) S&.5-W Major Event MAJOR THRESHOLDS An event meeting the reportable event definition AND meeting dare or more of the following reporting thresiwlds: ■ Afatality €onfirrned within 30days (indudingsuicide) ■ An injury requiring transport awary fn3m the scene for medical attentionfar one or more persons [partial exception in the case of other safety Events ■ Estimated property damage equal to or exceeding $23,DOO An evacuation for fife safety reasons . Cal lisions involving thansit roadway revenue vehicles that require towing away of atransit roadway vehicle or other non -transit roadway vehicle Reports are due within 30 days of the date of the event. EVENT TYRES +Collision {including suicidlrattemptedsui€ide) ■ Fire + Hazardous material spill Irequires speduffEed€lean-upf ■ Acts of God (nature) ■ System security: Arson o Bomb threatlbombing o Burglary) Vandalism o Chemicalybiolcgical{radiologkaVnuclear release o Cyber security even[ o Hijacking o Sabotage o Suspicious padkage o Crther se€urrtyevent (shots fred, pwje€tiles, etc.) ■ Personal Security: Assault Homicide Suicide or Attempted Suicide (no transit vehicle involved) o Robbery o La rceny}theft o Motorvehicle theft o Rape o Wier personal security+ events I perpetrator tazing) ■ Other safety Occurrences Not Otherwise Classified {050NOC) (two injuries aMforanather threshold) Misael laneousevents tLat meet threshold S&5­50 Non -Major Monthly Su NON -MAJOR THRESHOLDS Lesssevere othersafety occurrence Not otherwise Classified IOSONOCf injuries meeting the reportable event definition that are NOT result of Collision, evacuation, security event, haxmat spill, or Act of Gad; and non -major fires. other safety Occurrence Not otherwise Classified (osaNDC)= ■ 5in& injury event requiring transport away from the scene for medical attention (do nntreport minoe CQR% ons on 3&s-5m Fires: ■ Requirffrgsuuppressiunffiat do riot meet a major incident reportng fte-shold onjwy, faWrty, evacur mon, or property d omage of $25,000 or more). Reports due by the end of the folkrwing month (e'&r January data due by end of February). EVENT TYPES Other Safety Occurrence Not Otherwise Classified (OSONOC): Injury due to_ ■ 51 iplTrip ■ Fall s Including person making Contactwith a non-moving transit vehicle • Injury to maintenance workers • Bomdirg{alightng • Abrupt or evasaretrarrait vehicle maneuvers • Mobility device (eg wheelchair) se€urement issues • Injury sustained on a mobil ityr device I ift + stairs elevator}escalator injury Fire= • Requires suppression but n 3 major threshold is met small fire on in transit station small engine fire on transit vehicle Page 143 Page 246 of 411 Appendix 4 Page 144 Page 247 of 411 MV TRANSPORTATION, INC. Safety Management System (SMS) Plan Page 248 of 411 1. Safety Management Policy„........................................................................................................................................................... 3 Safety Management System (SMS) Policy Statement ........................................ __..--....-......-. ........... ___ ..---..........--.-.,..----.,..---- 3 1.1 Comm.tment to Safety Statement ............................... .... ------ .,...... ................................ ................ ___ .... .............. ..... 5 1.2 Safety Management System Developmerit................. r................ .,,.,.......................... .... r................. ........... .................... ....... 1 6 13 Operations and Ma ntenance Procedures .,,_--.......__..... ...................... ........................... _.................... ........ .,----- ........ ., ----- 6 14 Emp!oyment and Recrwtmen-Selection-.--,,..-.r............................................. ...................... ........ ............ r ,,,,,...,,,- ......... 8 15 Drug and Alcohol Programs .............. .......................... ...- ..,,.-........ ..... ............ ...,,.,..,,,,.............. .......... ..... -. ... ............. ... 8 16 Workplace Violence Program ................................. ._.....-- .......... ___ ...----.-.....----.-----........-........---...----......__-----•--------------8 1.7 Fitness for Duty---------- ---- ------------- • ---- •- .....--------- •• ­-----....................:..................... ...... ............ r.... , ......m , - ...9 1.8 Policies and Procedures Review .... ................ ......... r...... .,,,....,.... ........ r........... r............. ........... ..,...........................r......9 1.9 Employee Safety Reporting Program (ESRP) .........____ ...... .,.--------- --- 9 1.10 Authorities, Accountabirities & Responsibi it es .......................... ............................. .-,.,.-..,,,.,............ .......... ..,....... .,.,, ...,,11 1.11 Emergenry Management Integration and Procedures ........ ..................... ....... ............. ................ ........ ..... r........... r.r....... r.... 12 1,12 Communication of the Safety Management Policy...... .... __ __ ............ -- ------- ............. ........ ____..............._ 12 2. Safety Risk Management ............. ........ ...,--............................ ....... .,,,-- .,-.-.,,-...,.,..,,--...,,............ .............. .---------- ............ . 12 2.1 Accident and Incident Reporting. - ­­­­...r.„-,.......,.,..,,,.,,,r.....,,.r...............,„-..,,,..,,,....,.,...,...,,................„...........,,.., .........13 2 2 Safety Hazard Identification and Analysis._. ........ _...................................-..,..-.,,-...... ...... ........... __....... .,......----- ----- - ....... _ 14 2.3 Evacuation, Mitigation and Communication of Safety Risk ... ......................... .--.------------- .................. .--.—----- —.--,-,--.--.-...16 3. Safety Assurance ---- ---------......... ..,,- ...,,---.-.,,...... .................. r.......... ...... .,....,,,............. .......... .,..,,,.,.,.,,,-..,,,-............. r...r.... .... 16 3.1 Safety Performance Monitoring and Measuring.............................................................. ..•--- .,.,...-.--,,. .. -.-... ... ,--------...17 3.2 Management of Change-......-r—---- —--•--,..----------- .-----,-r...................... .m--.,----.,.,.,.,.,,,...,.-.,-.,r—...-,-,..,,---.."......-...... -..,, --- „ 17 3.3 Continuous Improvement .............. .------ ......... r...... ..,,.,,. ........ ........ .,,,,-..,,.,.,, ,-,, ,,,..,,..........-..,.......... ,......... ...... ..... r........... IS 4. Safety Promotion.......................................................... ............ ............................ ....... ........-................. .... .............. ...,,,..-...,18 4.1 Competencies and Training ------- ,,,-..-.-............. .,....... .-.-.­--,..,-•-- .18 4.2 Safety Communication ............... ............... ............„-......... r........ .,,,,..,,,,-....... ........... r ....... .............. .,,,.,m,.- ,.,,..,,,,-.,..,,,-,....20 S. Supporting Resources........r... ....... .......................... r........ ..................... ........... ..,. ,.,,.,,.-.,....... ... ..,....,.-.,,,,........,,,.....,......._ 21 6. Plan Development ... ...... ____ ...... . -•r-------••...,-.-,-........r......--.,,,--- ........-.....,---,........... •........................ .22 6.1 Approval and Updates..---—- ..... ...... ................. .................. .............. r...... .,,...... ..,,,,-.,.,,,,,..,....... r......................... r........ ... 22 6,2 Version Updates.,-,. ........... ...... ­.........................................................-.------ .,.--....... ..... .-.-.---- .....---...22 6.3 Annual Review of Plan--. ------ r -------- I ----------------- ,-,--„...........................• ------------ ......... . ,.--........ .23 PTASPAddendum.......... ............... . ,,,--......... r...... ......... ....,...,,,.,........... ...... ............ .,,,......... ....... .,...,,,„-...,,,.,., ...............r..........24 �rans:t Agency Information ................. r....... ......... .,.,...... ..,............ ....... ...... ........... ............ .,,.,.....,,.,,,.....,,.....,,.-,....... ...... ....... .24 Safety Performance Targets...- -------•----------- . ..................... ---.---- ----• --• -- ....... --- ...... ,,...-.,...,... ...... ....... .24 SafetyPerformance Target Coordination ........ ......... ......... .... ,..... ................ r..... r................. ....................... ................... ........ ...... .25 1 Page 249 of 411 AttachmentA .......... ............. —....... —...... ........ --- .... -.... ........ ....... ........ ....... ........ ...... .-.., ,......, ,,......_... ,.,..........................., 26 AttachmentB................................... ........... ............ ................... ...... - ..................... ...... ........ ....,............. - 27 Page 250 of 411 1. Safety Management Policy Safety Management System (SMS) Policy Statement MV Transportation, Inc. is committed to providing the highest level of safety for the public, our employees and contractors. Satisfying our customers' speciat needs with 100% regulatory compliance and the lowest possible risk is our first operational priority. We will never increase our risk of accident or injury to solve operational problems in the course of providing the Best Customer Experience_ To meet that commitment, MVTransportation has adopted the Safety Management System (SMS) and developed safety policies and activities in support of an effective SMS. This plan is based on the four components of SMS: Safety Management Policy, Safety Risk Management, Safety Assurance, and Safety Promotion_ Every employee and contractor are directed and empowered to administer the SMS and its specific activities for the prevention, control, and resolution of unsafe conditions and actions_ The primary objectives of this SMS plan are to proactively identify and mitigate safety hazards and risks, promote a positive safety culture, and maintain regulatory compliance. Our safety objectives are to: • Ensure that effective safety management systems and processes are integrated into all of our activities. • Designate an individual responsible for the safety function who reports directly to the Chief Executive Officer of the company and authorize that individual to develop and implement programs to promote safety. • Ensure all employees and contractors are aware that safety is their primary responsibility and they are held accountable for delivering the highest level of safety in their daily work activities. • Clearly define the safety accountabilities and responsibilities to all employees and contractors, including the responsibility of managers and supervisors to develop, implement, and enforce safety rules and procedures in their respective work areas. • Provide all employees and contractors with appropriate safety information and skills training; ensure employee and contractor competence in all safety matters related to their position with the company. ■ Develop and embrace a positive safety culture in all of our activities that recognizes the importance and value of effective safety management and acknowledges that safety is the number one operating value in everything we do. * Ensure a culture of open reporting of all safety hazards, ensuring that no action will be taken against any employee who discloses a safety concern through the proper chain of command, unless such disclosure indicates, beyond any reasonable doubt, an illegal act, gross negligence, or a deliberate or willful disregard of regulations or procedures. 3 Page 251 of 411 • Promote and maintain a positive safety culture with positive recognition and reinforcement of safe behaviors. • Ensure that all equipment, systems and services meet our safety performance standards through periodic audits and inspections. ■ Establish performance metrics and measures of our safety performance against our safety performance indicators and safety performance targets. Continually develop and improve our safety processes through actively monitoring, measuring, and reviewing our performance against our objectives and targets. * Conduct safety and management reviews to improve our safety performance and ensure that relevant and corrective actions are taken. Comply with all state and federal regulatory requirements and standards. Signe Date: •10 Thomas Egan, Chief Executive Officer 4 Page 252 of 411 1.1 Commitment to Safety Statement Providing the highest level of safety for all MV Transportation employees, passengers, and the communities we serve is our core operating value. Safety is at the forefront of delivering the Best Customer Experience and is the first of our key components of successful performance. Doing work safely must be the foundation of all operational activities. Safety standards will never be compromised, subordinated or diminished by any other goal. Safety is the process that drives all functions and activities and is at the center of everything we do at MV Transportation_ MV Transportation is committed to being the safest organization possible and is committed to an incident and injury free workplace and security excellence. We will review and continually improve our practices to continuously drive improvements in safety, health, environmental, and security performance. Accountability is fundamental to our mission. Every individual at MV is responsible for working and acting safely and embracing safety as a lifestyle. Compliance with this Commitment, applicable laws, and other requirements is the responsibility of every employee and contractor acting on our behalf. Safety leadership is a core responsibility of management and is the company's most important management value. Managers at all levels will set the standard in our industry, from the Chief Executive Officer to the first -level supervisor. Every employee is responsible to: • Promote and maintain a safe work environment for all personnel and our passengers. • Act consistently to influence safe behaviors and eliminate unsafe behaviors, actions and decisions. • Go above and beyond the minimum safety standards of his / her job. • Directly participate in all aspects of our safety program. • Abide by all applicable safety rules and regulations. • Work with management to decrease our exposure to risk. • Immediately report all incidents/accidents and hazards. • Complete all assigned safety training programs to continuously enhance safety skillset. • Intervene in an activity if it is observed that its being conducted with an unacceptable )eve' of risk. • Encourage and reinforce the safe behaviors of others. • Resolve circumstances responsibly that require corrective action. • Insist upon an unwavering commitment to safety. MV leadership is committed to supporting this statement with the resources and accountability necessary to achieve safety excellence. Tom Egan Chief Executive Officer .264A Mark Collins President and Chief Operating Officer Page 253 of 411 Contractor Management It is the responsibility of MV Transportation to ensure that contractor work practices meet established safety standards of the agency and any and all federal, state, and local regulations and requirements. (Safety Policy 5-10). MV Transportation will monitor contractor compliance through scheduled and unscheduled safety audits of equipment, work sites and practices, regulatory compliance, and required records. Significant violations, especially in areas of safety, will be addressed by the appropriate management person, and may include termination of the contract or other legal action. 1.2 Safety Management System Development This Safety Management System (SMS) plan was developed to outline our systematic procedures, practices, and policies for managing risks and hazards. Additional plan elements are available as references to support the information outlined in this document. Key definitions of our process throughout our Safety Risk Management includes the following: • A hazard is a condition or object with the potential of causing injuries to personnel, damage to equipment or structures, loss of material, or reduction of ability to perform a prescribed function. The potential for harm is defined as safety risk. It refers to the chance that people, equipment, or the environment could be harmed by the consequences of a hazard. • What is done to address and reduce that risk is mitigation. • Consequence means an effect of a hazard, involving injury, illness, or death; damage to or loss of the facilities, equipment, rolling stock, or infrastructure of a public transportation system; or damage to the environment. • Event means any accident, incident, or occurrence. This SMS plan will be reviewed periodically to continuously improve in our mitigation of safety risk. We will review and continuously improve our practices to drive continuous improvement. Effectiveness at the site level will be determined at least annually through the Safety Director audit. Reviews may occur more frequently. This plan outlines the SMS activities for all employees and contractors employed by MV Transportation. Additional manuals and procedures should be referenced for more in-depth procedural detail. We will work with the transit agency at the site -location level to ensure these activities are also featured in their Agency Safety Plan. 1.3 Operations and Maintenance Procedures It is the policy of MV Transportation that company operations and all personnel will comply with all applicable requirements federal and state safety regulations (Safety Policy 5-10). The system will be monitored for compliance with and sufficiency of operations and maintenance procedures. Non-compliance will be addressed through training, coaching, and management oversight, among other approaches. Non-compliance may result in disciplinary action, in G Page 254 of 411 accordance with our policies and procedures_ Insufficient procedures will be addressed through the Safety Risk Management process outlined in this plan. Any task that cannot be done safely should not be attempted until it can be done safely. It is the responsibility of the operator to perform thorough Daily Vehicle Inspections (DVls) and submit those reports to dispatch personnel. It is the responsibility of the mechanics to review and repair all defects before the vehicle goes back into service, The procedure is listed out in greater detail in our Maintenance Manual. Monthly audits of facilities including yard and surrounding areas will also be conducted to verify OSHA compliance and hazard identification, mitigation and resolution. A vehicle with a safety defect is reported immediately by the operator. The vehicle shall be removed from service and not returned until repaired or replaced as soon as possible. In cases when the defect prevents the vehicle from being safely driven back to the garage, it is towed using a contracted service. No operator or other authorized employee is asked, required, or permitted to drive a vehicle with a known major safety defect and is required to wear a safety vest as well as any other appropriate PPE. As outlined in our Maintenance Manual, it is the responsibility of the maintenance manager to provide the general manager with a detailed account of the clay's vehicle status and maintenance activities. The maintenance manager shall ensure the operations manager is kept up-to-date on all daily meetings and reports. It is the policy of MV Transportation that maintenance managers are responsible to ensure all fleet vehicles are systematically inspected, maintained, and repaired. The preventative maintenance intervals shall conform to the OEM service specifications, FTA standards, and contractual requirements. (MP-03-02 — Preventative Maintenance). All seasonable maintenance services are to be conducted in accordance with OEM standards, (MP-03-10 — Seasonal Maintenance). Please refer to the Maintenance Shop Safety Manual and Maintenance Manual for further detail outlining policies and procedures, as well as our Safety Vest Policy 5-46 and Yard Safety Procedures. Safety in Design, Acquisition and Procurement Operational safety and passenger safety are the highest priorities when defining vehicle and facility design requirements. Design criteria are established to ensure the equipment meets or exceeds all safety, flammability and environmental requirements and meets all state and federal standards and regulations. MV Transportation's Procurement Department owns the procurement process and works closely with all impacted departments. Conditions covered in the Contract Specifications include verification of compliance, commencing with the design phase and periodic inspections and testing during the construction phase performed by qualified consultants. A thorough inspection and system testing is performed before the equipment is conditionally accepted. The Procurement Group works in conjunction with the maintenance, safety, and operations department when purchasing personal protective equipment for employees, controlling 7 Page 255 of 411 chemicals and other hazards in the workplace, mandating safety requirements in specific contracts and requiring compliance from specific vendors and clients with MV Transportation's safety requirements. 1.4 Employment and Recruitment Selection MV Transportation follows industry practices when hiring employees and contractors, including employment, criminal background, and MVR reports as required. Our hiring practices are compliant with FTA regulations on pre -employment / new hire testing and onboarding. 1.5 Drug and Alcohol Program The Drug and Alcohol Program Manager is responsible for administering the corporate program. The location Designated Employer Representative (DER) are responsible for location program compliance. The policies and procedures conform to the drug and alcohol regulations of the United States Department of Transportation's (DOT), Federal Transit Administration (FTA) and/or the Federal Motor Carrier Safety Association (FMCSA), based on the service environment that the agency and contract operates under. The policy identifies that employees are subject to testing and includes the testing requirements, prohibited behavior, consequences of positive results and resources for employee assistance and rehabilitation. MV Transportation is committed to a Drug and Alcohol free workplace through a Zero Tolerance policy. Participation by covered employees in MV Transportation's prohibited drug use and alcohol misuse program is a condition of employment. Supervisors must not permit a safety - sensitive employee to perform his/her job function if the employee has violated any provision of the Policy. Our Drug and Alcohol -Free policy extends to contractor personnel in safety -sensitive positions. 1.6 Workplace Violence Program MV Transportation is firmly committed to providing a workplace free from acts of violence or threats of violence. In keeping with this commitment, the Company has established a policy strictly prohibiting any employee from threatening or committing an act of violence in the workplace, while on duty, while on company related business, or while operating any vehicle or equipment owned or leased by the Company. Assistance is needed from all employees to achieve a workplace secure and free from violence. MV is committed to a "zero tolerance" policy and compliance with this policy in respect to workplace violence is every employee's responsibility. Any and all incidents involving an act or threat of violence must be reported immediately to the employee's supervisor or the Human Resources department. Any employee may do so without fear of retaliation of any kind. After the incident is reported to a supervisor, he/she will report the matter to the Human Resources department, who will conduct an investigation and take appropriate action. a Page 256 of 411 Any employee who engages in or contributes to violent or threatening behavior may be subject to disciplinary action, up to and including termination. 1.7 Fitness for Duty Fitness for duty is determined by Human Resources and Safety Management. It is the policy of MV Transportation that all drivers are professionals that manage fatigue and come to work well rested and prepared to provide a full measure of safe and reliable customer service (Safety Policy 5-18). All employees that take medical leave must provide a return to work release from his/her health care provider prior to returning to work. The return to work statement should be submitted to the Leaves Manager in the Benefits department. Employees returning to work after 30 days or more break in service will be required to undergo a background check, return -to -work physical and drug test, as permitted or required by applicable federal or state law which includes but is not limited to regulations and requirements set forth by the DOT, FTA, FMCSA, OSHA and ADA. 1.8 Policies and Procedures Review All policies and procedures require periodic reviews for applicability and accuracy. Policies and procedures include a revision date to ensure that all copies of the document are current. Specific policies and procedures are reviewed by department managers with the assistance of the Human Resources Department. Changes to policies and procedures will be made at the corporate level after a thorough review has been performed. The contractor's safety policies and procedures will also be reviewed periodically for accuracy and compatibility with MV Transportation policies and procedures. To submit a request for revision, individuals must complete a Change Request. Details of the request must include the policy or procedure, description of the requested process change, any known impact, and implementation efforts. 1.9 Employee Safety Reporting Program (ESRP) Our front line employees are our best source of information for identifying hazards. Nobody knows more about the actual safety performance of the transit system than the employees who deliver the service. The Employee Safety Reporting Program (ESRP) is intended to help the Accountable Executive and other senior managers get important safety information from across the transit agency. It can be an agency's most important source of safety data_ There are two types of safety reporting programs: mandatory and voluntary - Page 257 of 411 • Mandatory: Employees must report hazards that are compliance -based and address regulatory issues. Employees are required to immediately report every incident and accident. An employee's failure to report or provide false information of an unsafe hazard or act could result in disciplinary action. • Voluntary: Employees are strongly encouraged to report hazards and can report anonymously. Every employee is empowered to report any unsafe hazard / risk to their supervisor or senior management without fear of retribution or penalty. Employees will have the option to report anonymously to maintain confidentiality. The ESRP is non -punitive and employees will not be disciplined for the act of reporting the Hazard or Near Miss. However, employees must report hazards that are compliance -based and address regulatory issues. Record falsification, Drug & Alcohol violations, gross negligent behavior, and failure to report accidents/incidents and serious safety hazards are examples of employee behaviors that may result in disciplinary action. Forms of reporting can include submitting a completed SMS Hazard/Risk Report Form (found in the Appendix) or utilizing a centrally located Safety Suggestion Box at the division location. The transit agency may also have an additional form of Employee Safety Reporting. The Hazard/Risk Report Form shall be completed immediately, so proactive measures can be taken as soon as possible. Depending on the perceived level of risk and severity, the report shall be submitted immediately or by the end of their shift. Input by employees into the ESRP can include safety concern reporting, operational system description, hazard identification, safety deficiencies, risk assessments, potential consequences of hazards, or recommended safety risk mitigations. Examples of reports may include the following; • Safety hazards in the operating environment (for example, county road conditions) • Policies and procedures that aren't working as intended (for example, insufficient time to complete pre -trip inspections) • Events that senior managers might not otherwise know about (for example, near misses) • Information about why a safety event occurred (for example, radio communication challenges contributed to an incident) The information we receive through this source will help us resolve the reported hazard and notify the supervisor or senior management of changes that may need to be made to mitigate safety hazards in the future. The Safety Department will lead the effort on collection, analysis, resolution, and monitoring of hazards and feedback entered through the ESRP. The Safety Department will take the lead on the Safety Risk Management process, with inputs from subject -matter experts in operations and maintenance. Information collected through our ESRP will feed into our hazard identification and analysis process. Please reference that section of the plan for further information on mitigation, resolution, and communication. ]0 Page 258 of 411 1.10 Authorities, Accountabilities & Responsibilities Safety accountabilities and responsibilities span from corporate organizational roles to contract management and front-line employees. All employees are responsible for safe operations, as outlined in our Commitment to Safety statement. The CEO provides strategic direction and has the responsibility for providing the leadership and resources to carry out the Safety Management System plan. Agency Leadership and Executive Management are tasked and authorized with making sure that the organization safety policies and procedures are followed and communicated to their direct reports, general managers, managers and front-line supervisors. They will provide positive leadership and direction in maintaining the safety policy as a major priority in all operations. This group is responsible for providing resources to acquire and maintain safety and health equipment, devices and programs. They will support safety standards and behaviors ensuring that steps are made to identify and mitigate hazard and risk. The Safety Leadership team, including the Chief Safety Officer, VP of Safety, or Director of Safety, has the authority and responsibility for making sure the safety policies and procedures are adhered by and promoted by senior management, department supervisors and managers, area safety directors and key safety team members. The Safety Leadership team will stay informed of law changes or updates concerning employee safety and record keeping and will amend safety policies as required. This group will conduct periodic reviews of safety standards to remain current with federal and state requirements. They will provide guidance in maintaining a high standard of safety training programs and assist in analyzing safety data to identify future mitigation strategies. The Directors of Safety will conduct an annual audit to ensure compliance with Federal, State and Local rules and regulations as well as company policies and procedures. Key Staff, including Department Supervisors, Managers and all other employees, are tasked with following all company safety policies to include, but not limited to, FTA, FMCSA, USDOT, ADA safety regulations, Managers and Supervisors are responsible for staying current on all internal and external safety training. They are also responsible with reporting or responding to accidents, injuries, near misses, unsafe working conditions and potential hazards within their scope of influence. Supervisors and Managers will evaluate employee performance ensuring each employee's safe behavior and work methods and coach, retrain and discipline as required. They will conduct monthly facility audits to ensure compliance. They are also responsible for promoting the ESRP and reviewing and resolving all submissions responsibility. In addition to the above overview of safety roles and responsibilities by group, the following highlights the site -specific roles and responsibilities. This is in addition to the responsibilities listed out in our Commitment to Safety (page 4) and SMS plan objectives (page 2). General Manager. Ultimate responsibility for the safety performance of the location and authorizes activities to support an effective SMS. Operations Manager: Responsible for promoting operational safety and adhering to our policies and procedures. Safety and Training Manager: Responsible for the day-to-day implementation and operation of the SMS. it Page 259 of 411 Maintenance Manager: Responsible for OSHA compliance and site -specific maintenance activities. Trainers / Instructors: Responsible for ensuring that we are training every employee to proficiency in accordance with our performance standards. Supervisors: Responsible for playing an active role in SMS activities, including sufficient road observations and identifying potential safety hazards with recommended solutions. Location Safety Committee: Responsible for ensuring that reported safety items are reviewed and addressed, as well as discussing proactive measures to mitigate future risk. 1.11 Emergency Management Integration and Procedures Every site location is to maintain an updated Emergency Action Plan (Safety Policy 5-21). The purpose of the Emergency Action Plan is to assist employees and management in making quality decisions during times of crisis, and to comply with regulatory standards for Emergency Action Plans. The Facility Emergency Action Plan will be reviewed and updated annually. Certain practice drills are to be planned and carried out for preparedness during emergency scenarios. The Emergency Action Plan is available on our intranet site and should be printed and stored in the division. 1.12 SMS Documentation and Records Processes that require documentation or forms to support an effective SMS are listed out in this plan within the corresponding section. Site locations that are subject to the PTASP Final Rule will be required to maintain documentation and recordkeeping for a minimum of 3 years. 2. Safety Risk Management The FTA defines Safety Risk Management as a process within the agency's Public Transportation Agency Plan for identifying hazards and analyzing, assessing, and mitigating the safety risk. Through risk identification and assessment, a determination is made of the probability and severity of potential losses. Safety and loss control programs are developed to modify and eliminate or reduce the risks of these exposures. 12 Page 260 of 411 2.1 Accident and Incident Reporting and Response It is the policy of MV Transportation to minimize injury, damages, pain and suffering for people involved in vehicular mishaps involving MV vehicles, to promptly respond, report and to thoroughly Investigate these occurrences. (Safety Policy 5-32) All incidents, including near misses and minor events, should be reported as soon as possible - whether or not the incident did or could have resulted in personnel injuries, illnesses, or property damage - The incidents shall be immediately reported from the scene Operator at scene shall immediately contact Dispatch and provide incident details_ When possible, it is the responsibility of the General Manager to make sure that a manager or supervisor responds to the accident to ensure care for our driver and equipment, secure the incident site, preserve evidence, review of accident investigation and proper review of company liability. The initial accident/incident claim line information sheet should be completed with details to convey to our claims hotline. Accident and incident response procedures will vary depending on the severity of an Incident ("major" vs. "minor" definition thresholds outlined in Safety Policy 5-32). All employees, supervisors and managers should be knowledgeable on response procedures outlined in Risk Management SAF-001 Accident Procedures guideline and High Priority Event notification procedures_ The General Manager and Safety Manager are responsible for ensuring a timely investigation and report is completed. Reports are reviewed by the department manager, who determines preventability (Safety Policy S-1). Reports may also be reviewed by Risk Management and the Director of Safety, Additional actions and activities may be requested from the Risk Management department or Regional Director of Safety. Copies of the accident/incident reports and a summary are kept for review and reporting as necessary. Work Injuries Work injuries include any injury, occupational disease, or disability that arises out of, or in the course of, any work -related activity and requires first aid or medical treatment. Worker's compensation OSHA -related injuries are considered work injuries for the purpose of this policy. Injuries should be reported by the injured employee or a witness to dispatch or his/her immediate supervisor as soon as possible. If the injured employee needs medical attention, the appropriate response by coworkers (dispatch, supervisor, manager) is to: • Assess the injury. • Call 911 if necessary. • Begin emergency medical treatment, if willing and able. 13 Page 261 of 411 • Continue treatment until emergency responders arrive. • Inform Management or Director of Safety. • Complete a written report as soon as possible. The injured employee must complete an Employee Injury Report for the Human Resources and Safety department as soon as possible. In compliance with OSHA regulations, all reportable employee injuries will be recorded by a representative from the Safety department and a summary will be posted from February 1 to April each year for employee review. The Supervisor will conduct an investigation to determine the root cause of the incident surrounding the injury (Safety Policy 5-30). The Supervisor will issue a written report for review by Risk Management, Regional Manager - Maintenance, General Manager and Area Safety Director. Recommendations may be issued and will follow normal channels of communication. Investigative resources will include the Employee Injury Report, eyewitness accounts, employee interviews, equipment testing, and any other reasonable means to determine root causes. Injury reports will be kept on file for future analysis. Accident and Incident Investigation It is the policy of MV Transportation to investigate all incidents/injuries, to identify causes, and to correct deficiencies, if any (Safety Policy S-1). Effective incident investigation is an essential step towards making improvements in the system or process that can prevent future incidents from similar causes. It is the key to correcting and improving unsafe behavior in the workplace. Identifying all factors that came into play to cause an incident, accident, or injury, and getting down to the root cause, is the only way to ensure proper steps will be taken to prevent a recurrence. This includes examining driving and work procedures and revising them if found faulty; and identifying violations of MV, OSHA, DOT, FTA, or other procedures, rules or regulations. (Safety Policy 5-32) After corrective actions have been identified and put in place, the management team or Regional Safety Director will follow-up to ensure that corrective actions remain in place and have effectively corrected incident causes. 2.2 Safety Hazard Identification and Analysis Hazards identifications could be submitted directly, or could be derived from trends or other data analyses. Hazards can be identified through a variety of sources, including; 1. Reviews 2. Observations 3. Investigations 4. ESRP 5. Passenger feedback 14 Page 262 of 411 When a hazard has been identified, it will be tracked in a Safety Risk Register log, using the FTA template provided. This includes the description of the risk, rating of the risk, the action to address it, and how we are going to monitor that action for its effectiveness. The hazard will berated with an "as reported" risk assessment ranking, which will be followed up for a re-evaluation after a mitigation strategy has been implemented. Reviews • DriveCam scored or coachable events — driver specific or aggregated trends of at -risk behaviors + Monthly performance or quarterly reviews of both leading and lagging indicators Observations • Road observations and ride checks • Mystery rider program (if applicable at the site location) • Customer/passenger comments • Third -party notifications Audits and Inspections • Monthly facility inspection • Daily walk-through • Pula -out procedures • New driver assessments (Safety Policy 5-37) • Refresher training (Safety Policy S-12) • Annual safety difector audit • Maintenance audit Investigations + Accident and incident investigation • Injury root cause investigation Hazard Analysis Once a hazard has been identified, it must then be analyzed. Analysis may include a description of the hazard, supporting results documents, photos, and/or suggestions for resolution. Unless a hazard can be eliminated, it's safety risk must then be managed. We analyze this in terms of how likely it is to happen (probability or frequency) and how bad it could be (severity). Hazard Probability Categories and Hazard Resolution Matrix, see Attachment A, and then by determining the best method for remedi'ation. Near Miss reporting will be collected through Dash Camera Systems, as well as encouraged through the ESRP. If not captured through a Dash Camera System, Near Miss reporting can be completed on the Hazard Risk Form and reported to the location Safety Manager or Supervisor. 15 Page 263 of 411 2.3 Evaluation, Mitigation and Communication of Safety Risk The last step is to develop possible mitigation strategies that address identified safety risks. In evaluating safety risks, identifying what is being done now vs. what can be done in the future is an important consideration. The review must identify facts, establish root causes, and suggest methods for mitigating or preventing recurrence. Statistics from accident and incidents are tracked and compared to performance measures and targets to identify where mitigations may or may not be effective. The identified hazards are reviewed and assessed, and a priority is set based on severity of risk using the Hazard Resolution Matrix. The Location Safety Committee plays an important part of hazard reduction and hazard resolution. The committee should provide inputs/ideas to ensure a safe work environment is established and maintained. (Safety Policy 5-39). Hazard Resolution and Communication When the safety hazard and analysis has been completed, the location supervisor or manager who will then coordinate efforts with essential personnel to resolve the hazard in a timely manner. In cases where an immediate threat to safety exists, work will be immediately suspended by the location management while the hazard is addressed and mitigated. Many hazards can be resolved through more than one means, but the general process for determining the best method should be by considering engineering controls, administrative work practices, or employee actions. Communication of resolution and status of SMS activities is listed out in section 4 of this plan. 3. Safety Assurance The FTA defines Safety Risk Management as a series of processes within a transit agency's Safety Management System that function to ensure the implementation and effectiveness of safety risk mitigation, and to ensure that the transit agency meets or exceeds its safety objectives through the collection, analysis, and assessment of information. Safety Assurance subcomponents includes: 1. Safety Performance and Monitoring and Measurement 2. Management of Change 3. Continuous Improvement 16 Page 264 of 411 3.1 Safety Performance and Monitoring and Measurement Data is constantly collected through the transit agency's Safety Assurance activities. This will include both leading and lagging indicators. Leading indicators are used to anticipate and prevent injuries and accidents. This data source can include information collected from road observations, ride checks, mobile blitzes, or the ESRP. Our behavior -based indicators, as measured by DfiveCam or another safety monitoring technology, is one of our best indicators for future success, as it measures the unsafe behaviors present in our operation. Our lagging indicators measures what has happened, including accidents and injuries. This metric allows you to analyze historical information, as well as view in real-time if your risk mitigation plans are reducing the accidents and injuries. Safety performance indicators will help measure inputs, outputs, outcomes, or impacts. It is a signal or early warning sign. Safety performance targets are quantifiable and is the expected change over a period of time. Daily monitoring will be conducted through inspections, observations, and evaluations. Safety Performance Targets are spelled out in the PTASP addendum of this plan. Mitigation Monitoring The Mitigation Monitoring plan helps ensure safety performance monitoring and measurement activities are performed to confirm that mitigations are effective, appropriate, and fully implemented. A Mitigation Monitoring plan may include the selected safety risk mitigation, the indicators or targets, description of how it will be monitored, timeframe, responsibility, and updates. While the Mitigation Monitoring plan addresses the mitigation and monitoring activities, the Corrective Action Plan documents the corrective action and helps address short-term defects or compliance issues. The Corrective Action Plan is intended to eliminate the behavior that caused the event, while Mitigation Monitoring is to continuously monitor the hazard. The Mitigation Monitoring process is owned by the location's management team, with assistance from the Regional Safety Director_ The Mitigation Monitoring process requires periodic reviews to ensure that the risk level is being mitigated and reduction of the frequency of the hazard is taking place. A periodic audit of contractor safety plans, Safety Data Sheets, and Personal Protective Equipment requirements will be conducted by the Safety Team and the General Manager. 3.2 Management of Change Our operating environment has many areas that can and will be subject to a change. Prior to implementation of a proposed change, an assessment will be performed by using the Hazard/Risk 17 Page 265 of 411 Report form to determine if the change will impact safety performance or if there are any new hazards that will be present. If a new hazard is identified, it is put through the SRM process and evaluated. A risk mitigation strategy will be created or modified to mitigate risk for that change. Once the change is made it will be monitored for effectiveness. The size and scope of the change can vary from something small to something as large as new service or routes. Efforts will be made to assess if there is a possible impact to safety prior to operations taking place. 3.3 Continuous Improvement The overall safety performance of the system and the performance of SMS activities will be continuously measured and evaluated to determine the effectiveness and appropriateness of risk mitigations. The data and information that will be collected through Safety Assurance activities will tell us how we are doing and what areas we can improve on. Insight through these sources may trigger more frequent reviews and a revised strategy to ensure that mitigations are effective. Local management will work with the agency to determine frequency of meetings with the contractor management to review the SMS process. 4. Safety Promotion 4.1 Competencies & Training It is the policy of MV Transportation that all employees will undergo new hire training based upon type of service and experience level. Mastery is verified through evaluations prior to being released to revenue service. Job -specific training programs have been developed to enhance safety skills necessary for safe, secure, and reliable customer service. This includes training for operators, trainers, supervisors, maintenance staff, operations, and management personnel. MV Transportation maintains a continuous safety communication campaign through the form of safety meetings (Safety Policy S-27). Every month, a fleet safety and injury prevention topic will be reviewed to refresh the fundamentals and key learning points. Annual refresher training on key areas will also be conducted along with periodic promotion of prevention activities. Maintenance monthly training will focus on OSHA compliance for shop safety. The training complies with current state and federal standards and covers potential safety and health hazards as well as safe work practices and procedures to eliminate or minimize hazards. Information concerning safety hazards or issues is provided to employees through new hire orientation, location safety committee meeting minutes, company -wide or departmental 18 Page 266 of 411 meetings, Safety Team briefings, monthly safety meetings, bulletin board postings, memos, or other written communications. All MV operators will receive refresher or remedial training, as necessary, throughout their employment with the Company (Safety Policy S-12). This can include, but is not limited to, defensive driving techniques, ADA and Wheelchair Securement activities, Fatigue Management, Pedestrian and Bicyclist awareness, as well as hands-on training_ This training provides a procedure for evaluation job skills and determining subsequent retraining needs or employees who are returning to work after an extended leave, employees who have been involved in an accident and refresher skill training. Training, retraining, proficiency checks, and safety meeting attendance will be recorded and documented. Training records are kept by the department supervisors and managers and will include: • Date of training • Employee names • Copies of training materials • Training subject • Location of training • Name of trainer • Signature of trainer and trainee A training audit and training needs assessment will be conducted at least bi-annually, or as a result of activities that come out of the SRM process. Safety Culture Our Vision is to deliver the Best Customer Experience with industry -leading Safety, Reliability, and Innovation. Our fundamental safety belief is that Safety is a core business value and there is nothing more important than promoting and maintaining a safe operation. Our Safety Culture Guide outlines the importance of implementing initiatives at the local level to promote a positive safety culture. To foster a positive safety culture, supervisors and management should make every effort to demonstrate their commitment to safety, offering the highest leaef of respect and dignity and a genuine concern for the welfare of their workers. Supervisors and management will exhibit the behaviors they want to see as part of their location's safety culture. Elements of our Safety Culture Guide include: • Employee engagement and buy -in • Accountability and ownership of employees • Positive recognition • Reinforcement of safe behaviors • Safety award programs • Administration of the Katherine McClary Safe Operator Award program • Safety campaigns and blitzes • Incentive and reward contests 19 Page 267 of 411 4.2 Supervisors and managers will pay attention to, measure, and publicly acknowledge the desired behaviors and performance outcomes by workers. The purpose of this and other safety -related programs is to focus our employees on working safely, and then reward them for their success. Safety Communication Communication of the SMS A variety of methods may be used to communicate the SMS plan, including updates or memos. Communication can include updates related to SMS concerns/issues, lessons learned, analysis, new requirements or tracking mechanisms, and/or roles and responsibilities. It is the responsibility of the location management to train employees on how to identify and report hazards. Management and supervisors will encourage employees to report their safety concerns or hazards. Safety actions that are taken in response to reports submitted through the ESRP will be communicated to employees during the safety meetings or posted in a common area. Our Policy and Commitment to Safety statement will be distributed to all managers to be reviewed with all employees during initial onboarding. This will be reviewed at least annually to continuously promote a safe work environment and communicate our commitment to an incident and injury free workplace. Our policies, procedures, written statements, and formalized plans that support our SMS activities are available to all managers through our intranet site. Continuous Awareness and Safety Communication Management and supervisors will facilitate in daily safety communication and planning engagement blitzes and campaigns accordingly. Dispatchers will play an active role in this process by delivering safety radio announcements. The Daily Safety Message will be printed and posted throughout the facility. Material that supports the monthly fleet safety topic and/or injury prevention topic that is distributed from corporate will be displayed throughout the facility. Additional means of communication includes. • New Wire Orientation Training • Operational Safety Calls • Safety Meetings • One-on-one dialogue between supervisors and employees • Safety Briefings/Toolbox Talks 20 • Safety Bulletin Board • Safety Committees • Posters, Flyers, & Memos • E-mail Communications • Internal Websites • Video/TV Displays Page 268 of 411 S. Supporting Resources Maintenance, Facility & Fleet Operator Safety General Procedures & Regulatory Comp Maintenance Shop Safety Employee Handbook Code of Federal Regulations (CFR) Handbook Safety Manual Crime Prevention Environmental Vehicle Maintenance Plan (PM) Design (CPTED) New Hire Orientation Aerial Platform Certification Emergency Action Plan Fitness for Duty Evaluation Powered Industrial Truck Fire Prevention Plan {Forklift} Certification Operations Policies and Procedures Handbook HAZCOM Plan Clean Air Act (508,609) Recruiting and Hiring Practices Hearing Conservation Program Noise Protection Incident Management and Heat Illness Prevention Lock Out/Tag Out investigation Lockout Tagout Program Personal Protective Equipment Safety Audits/Inspections Safety and Security Program Respiratory Protection Safety Reports and Forms System Safety Program Plan Welding, Cutting and Brazing Safety Communication TV Displays Safety System security and Emergency Wheelchair Certifications Preparedness Plan OSHA 10-Hour Defensive Driving Program KMA Safe Driver Award Program OSHA 30- Hour Operator Refresher Training Monthly Safety Meetings Heat Stress Safety Committees Customer Service Training Housekeeping Safety Calendar— Weekly & Monthly Continuity of Operations Plan HAZCOM Topics Bloodborne Pathogens Bi-monthly Safety Stand -down 21. Page 269 of 411 6. Plan Development 6.1 Approval and Updates Name of Entity That Drafted This Plan MV Transportation Signature by the Accountable Executive Signature of Accountable Executive Date of S gnature Approval by the Board of Directors or an Equivalent Authority Name of Individual/Ent tyThat Approved This Plan Date of Approval Relevant Documentation (title and locat on) Certification of Compliance Name of Individual/Entity That Certified This Plan Date of Certification Relevant Documentation (title and location) 6.2 Version Updates Version Number and Updates Record the complete history of successive versions of this pion. Version Number Section/Pages Affected Reason for Change Date Issued 1 Creation 10/2019 22 Page 270 of 411 6.3 Annual Audit and Review of Plan Annual Audit & Review and Update of the Safety Management Systems Plan Describe the process and timeline for conducting an annual review and update of the Safety Management Systems Flan. During the final quarter the Safety Plan Cammdtee will meet and review current SMS plan and make changes accordingly and update this SMS document. A communication will be sent out with an explanation of changes and a pdf copy of the updated plan will be made available vie a -mail or web. 23 Page 271 of 411 PTASP Addendum Transit Agency Information Transit Agency Name Transit Agency Address Name and Title of Accountable Executive Name of Chief Safety Officer or SMS Executive Mode(s) of Service Covered List AI' FTA Funding Types by This Plan (e g , 5307. 5310, 5311) Mode(s) of Service Provided by the Transit Agency (Directly operated or contracted service) Does the agency provide transit services on behalf of Descri ption of another transit agency or Arrangement(s) entity? Name and Address of Transit Agency(ies) or Entity(ies) for Which Service Is Provided Safety Performance Safety Performance Targets Safety Performance Targets Specify performance targets and definitions based on the safety performance measures established under the National Public Transportation Safety Plan. The table below provides targets for fatality rate (reportable fatalities per revenue m le); njury rate (reportable injuries per revenue mile); safety event rate (reportable safety event per revenue mile); and system reliability (revenue miles between major mechanical failures) Mode of Transit Service Preventable Accidents per 100K miles Employee Injuries (Rate) Fatalities (Rate } Safety Events (Rate) System Reliability (Rate) 74 Page 272 of 411 Safety Performance Target Coordination Safety Performance Target Coordination MV Transportation will work with the agency to support them In their PTASP which includes analyzing historical trends to establish safety performance targets, Agency will coordinate directly with MPO and MV will help in this process as needed. Name Date Targets Transmitted Targets transmitted to stakeholders 25 Page 273 of 411 Attachment A 1 HAZARD PROBABILITY TABLE A —Frequent Likely to occur frequently. Continually experienced in the fleet/inventory. B— Probable Likely to occur several times in life of an item. Likely to occur frequently in the fleet/inventory. I C—Occaslonal D — Remote E — Improbable Likely to occur sometime in life of an item. Likely to occur several times in the fleet/inventory. Unlikely, but possible to occur in the life of an item. Reasonably expected in the fleet/inventory. So unlikely, occurrence is not expected. Unlikely to occur, but possible in the fleet/inventory. 2 RISK ASSESSMENT FREQUENCY/SEVERITY MATRIX Severity Frequency �A -- Frequent B.. - Probable C — Occasional D Remote E Improbable 1 2 Catastrophic Critical f 1/E 3 HAZARD RESOLUTION TABLE Severity / Frequency 3 4 Marginal Negligible 3/B 2/C 3/C 2/D Resolution 1/D 2/C 2/D 3/B 3/C Unacceptable —correction may be required after review by CEO. -•,•- • �' 2 Page 274 of 411 Attachment B MV Transportation SMS Hazard/Risk Report Form This report ❑ Hazard ❑ Risk ❑ Near Miss ❑ Other concerns: [-HazardTypel❑ Policy/Procedure ❑ Operational ❑ Environmental ❑ Equipment/Design ❑ Training REPORTED BY: IE-11 Employee ❑ Customer/Passenger ❑ Other: ie. PD or FD NAME: LOCATION: ^� Description of Safety Concern: PHOTOS: ❑Yes ❑ No Hazard Analysis: According to Hazard Severity Matrix ❑ 1 Catastrophic ❑ 2 Critical ❑ 3 Marginal ❑ 4 Negligible Recommended Safety Risk Mitigation: Supervisor/Safety Manager Comments/Actions: Supervisor/Safety Manager. 27 Page 275 of 411 Hazard/Risk Resolution is Hazard/Risk corrected "On the Spot? ❑ Yes ❑ No--F If the answer is "No" then proceed with the steps below: This report must be forwarded to the SAFETY DEPARTMENT; report is assigned to specific department(s) for hazard rectification; report is assigned a priority Priority: ❑ High ❑ Medium ❑ Low Hazard/Risk/ Near Miss deficiency corrected? ❑ Yes ❑ No I Date closed if "Yes" Date If answer is NO, notify Safety department to begin continuing action for resolution, and send to the Safety Team or Staff for recommendations. List how the Hazard/Risk/Near Miss was resolved Date Resolved Date 28 Page 276 of 411 Appendix Please add any relevant contract documentation specific to plan. 29 Page 277 of 411 r Luc a- AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Adolfo Covelli, Transit Operations Manager SUBMITTED BY: Transit Division SUBJECT: Award of Bid No. 20-077 Purchase of Bus Shelters BACKGROUND: 8.D.2. 2020-50591 CONSENT AGENDA - COMMUNITY SERVICES DATE: 12/1/2020 *ACTION ITEM - BID AWARD The Transit Division receives annual allocation grants from federal and state agencies which provide funding to construct/purchase construction supplies and provide enhanced safety and security to the transportation network and transit system. On September 6, 2020 an invitation to bid was facilitated by the county purchasing department. Eighty-one (81) companies were notified, thirteen (13) bid documents were distributed and three (3) bids were received. Subsequently, the bids were received October 7, 2020. The attached Tabulation sheet contains the bid amounts and company information, along with the number of days for delivery after the order is placed. This is for purchase only. Tolar Manufacturing Company, Inc. was selected based on lowest bid and fastest turn around time which is on the attached tabulation sheet. Sufficient funding is available from the Federal Transit Administration (FTA) via the bus and facilities program and the Urbanized Area Formula Grants, Fund Numbers: 130124-4410-440000 130136-4410-440000 130138-4410-440000 PREVIOUS ACTION: N/A FINANCIAL IMPACT: Page 278 of 411 Sufficient funding is available from the Federal Transit Administration (FTA) via the bus and facilities program and the Urbanized Area Formula Grants Fund Numbers: 130124-4410-440000 130136-4410-440000 130138-4410-440000 RECOMMENDATION: Staff recommends 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. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: October 30, 2020 Murriah Dekle, Transit Division Director Diana Wesloski, Community Services Director �� ��u Jennifer Hill, Office of Management & Budget Director Daniel McIntyre, County Attorney Date: November 02, 2020 Date: November 02, 2020 Date: November 03, 2020 Page 279 of 411 Date: November 16, 2020 Alphonso Jefferson, Deputy County Administrator Page 280 of 411 BOARD OF COUNTY COMMISSIONERS TABULATION SHEET — BID #20-077 Purchase of Bus Shelters OPENED: October 07, 2020 AT 3:00 PM Three (3) submittals were received for subject proposal: Brasco international, Tolar Manufacturing Inc. Company, Inc. Madison Heights, MI T Corona, CA Total Amount Total Amount Panel Built, Inc, Blairsville, GA Total Amount per Bus Shelter wl $ 9.975.00 $10.775.00 $ 22,530.00 fing included of signed & sealed $ 1.475.00 $0,00 $ 1,500.00 leering drawings ery: Number of days after placement 120 90 360-420 Number of companies notified*: 81 Number of bid documents distributed: 13 Number of bids received: 3 *per demandstar.com PURCHASING DEPARTMENT Page 281 of 411 RES-2020-263 CONSENTAGENDA- 1 rr [LUCIE COMMUNITY SERVICES AGENDA REQUEST DATE: 12/1/2020 *RESOLUTION ITEM - IN o ® SUPPORT OF QUASI-JUDICIAL ITEM? NO TO: Board of County Commissioners PRESENTED BY: Adolfo Covelli, Transit Operations Manager SUBMITTED BY: Transit Division SUBJECT: Resolution - Treasure Coast Transit Operations Center BACKGROUND: St. Lucie County is anticipating significant growth for the Treasure Coast Connector over the next decade as the St. Lucie/ Fort Pierce population continues to increase, creating a greater transit need. The agency is preparing to respond to this growth with additional transit services and service expansions. New fixed route and flex services are being developed, decreased headways and extended operating hours are being planned. The St. Lucie Transit Operations Center is identified in the St. Lucie Transit Development Plan - Chapter 9; Implementation and Financial Plan - Capital and Infrastructure Priorities. The St. Lucie County Comprehensive Plan Transportation Element identifies the importance of developing a more integrated regional transit system along the Treasure Coast including St. Lucie, Martin and Indian River Counties and the project is listed as a priority project in the St. Lucie County Long -Range Transportation and Transit Development Plans. These plans indicate that that the County should proceed in consolidating all currently outsourced transit storage, fueling, maintenance and administrative activities at a centralized location. This project supports the Board's strategy map for Economic Development through the mission to modernize County's bus system. An optimized, modern public transit system reduces traffic congestion and allows residents to access relatively inexpensive mobility services that provide life essential access to employment, education/job training, healthcare and nourishment. The proposed Treasure Coast Transit Operations Center will provide a location for operations such as administration, maintenance and onsite storage to improve operational and safety and efficiencies of the agency and to improve workplace culture and communication. St. Lucie County Community Services Department in conjunction with MV Transportation Services provides public transportation services throughout the St. Lucie County limits to its residents. This service is known as the Treasure Coast Connector. Transit Service in the County is operated by a third -party contractor which currently runs eight fixed bus routes and a micro -transit pilot program for public use and provides on -demand paratransit services for an eligible ridership. The third -party contractor, MV Transportation Services, currently runs its transportation services out of a location in Port Saint Lucie. Page 282 of 411 Currently the Transit Fleet consists of forty buses and seven support vehicles, with ten minivans and nine buses scheduled to be delivered from now through August of 2020. This request is for a resolution of support for a project which will construct the Treasure Coast Transit Operations Center - the first transit operations and maintenance facility for St. Lucie County, Florida. The proposed Treasure Coast Transit Operations Center project has been designed to develop in two steps. The first step involves site selection (completed), environmental analysis(completed), a feasibility study(completed) and preliminary engineering(underway). PREVIOUS ACTION: Applied for: 2017 - Bus & Bus Facilities Infrastructure Investment Program 5339 (b) Grant 2018 - Bus & Bus Facilities Infrastructure Investment Program 5339 (b) Grant 2019 - Bus & Bus Facilities Infrastructure Investment Program 5339 (b) Grant 2020 - Better Utilizing Investments to Leverage Development (BUILD) Annually, county transit staff submits for legislative priority consideration through the BOCC. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board adopt the resolution of support 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: November 18, 2020 Murriah Dekle, Transit Division Director Page 283 of 411 Date: November 18, 2020 Diana Wesloski, Community Services Director Date: November 18, 2020 Daniel McIntyre, County Attorney r r Date: November 19, 2020 Alphonso Jefferson, Deputy County Administrator Page 284 of 411 RESOLUTION NO. 20- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY IN SUPPORT OF THE ST. LUCIE COUNTY'S TRANSIT OPERATIONS AND MAINTAINENCE FACILITY WHEREAS, The St. Lucie County Long -Range Transportation and Transit Development Plans indicate that that the County should proceed in consolidating all currently outsourced transit storage, fueling, maintenance and administrative activities at a centralized location. WHEREAS, The Transit Operations and Maintenance Facility is identified in the St. Lucie Transit Development Plan - Chapter 9; Implementation and Financial Plan - Capital and Infrastructure Priorities and the project is ranked as the number one capital item on the Transit List of Priority Projects through the St. Lucie Transportation Planning Organization. WHEREAS, The County's The St. Lucie County Comprehensive Plan Transportation Element identifies the importance of developing a more integrated regional transit system along the Treasure Coast including St. Lucie, Martin and Indian River Counties. WHEREAS, A feasibility study for the project was completed in 2019 which provides a facility program, a site plan and floor plan that permit phased expansion, conceptual 3D images of the facility and a conceptual level project budget. WHEREAS, Preliminary engineering of the project is underway. Environmental planning for this project has been conducted and a NEPA Categorical Exclusion finding was originally awarded in 2017 for this project by the Federal Transit Administration (FTA) and was last updated in August 2020. WHEREAS, a resolution of support from the Board of County Commissioners of St. Lucie County, Florida, ("Board") supporting the federal and state grant applications to fund the construction of the St. Lucie County Treasure Coast Transit Operations Center. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County Florida that: 1. The Board of County Commissioners of St. Lucie County, Florida supports the application of grants for the construction of St. Lucie County's Treasure Coast Transit Operations Center. 2. The St. Lucie County Board of County Commissioners supports the construction of the Transit Operations and Maintenance Facility. PASSED AND DULY ADOPTED this 1st day December 2020. ATTEST: BOARD OF COUNTY COMMISSIONERS Page 285 of 411 ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIR APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY Page 286 of 411 8.E.1. 2020-50667 CONSENTAGENDA- ENVIRONMENTAL S`1�o LUCE RESOURCES AGENDA REQUEST DATE: 12/1/2020 o ® *ACTION ITEM - AGREEMENT TO: Board of County Commissioners PRESENTED BY: Amy Griffin, Environmental Resources Director SUBMITTED BY: Environmental Resources SUBJECT: Work Camper Agreement - Steven J. Fousek Preserve/Paleo Hammock BACKGROUND: The "Work Camper" program was established for St. Lucie County Environmentally Sensitive Lands (ESL's) program in 2002. This program provides a volunteer with a space and utility hook up for their own recreational vehicle for use as a temporary residence in exchange for a minimum of twenty (20) hours of services each week. The work camper for the Steven J. Fousek Preserve will be responsible for tasks specified in the attached contract, including opening and closing gates, helping to maintain parking lot and nature trails in neat and clean condition, patrolling sites/site security, and some mowing and exotic plant removal. Mr. Wilson is an employee of the Jupiter Island Police Department and has experience with deterring crime and aiding first responders. He will add another layer of safety and protection to the public that patronize our preserves. The St. Lucie County Environmental Resources Department manages over 11,000 acres of public preserves owned by the St. Lucie County Board of Commissioners. Steven J. Fousek Preserve is a complex of 194 acres of public preserve owned by St. Lucie County Board of County Commissioners and managed by St. Lucie County Environmental Resources Department. These preserves were purchased with funds from the St. Lucie County's Environmentally Significant Lands Bond Program, a local voter approved bond, and Florida Communities' Trust -Florida Forever Program, a State funding program to preserve and provide passive public access to Florida's remaining natural treasures. Several interpretive trails lead visitors through a variety of habitats including hydric hammock, wet prairie, prairie hammock, basin swamp, and depression marsh. The site is managed for exotic -invasive vegetation and passive recreation. PREVIOUS ACTION: Page 287 of 411 October 22, 2002 - BOCC approval of the "Volunteer In Preserve" Program May 15, 2018 — BOCC approval of Work Camper Agreement with Clifford Cammarata for Steven J. Fousek Preserve FINANCIAL IMPACT: 001-3920-543000-300 Environmental Resources General Fund — Utilities RECOMMENDATION: Staff recommends Board approval of work camper agreement with Devan Wilson 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 Amy Griffin, Environmental Resources Director Katherine Barbieri, Assistant County Attorney III Nf Daniel McIntyre, County Attorney Mark Satterlee, Deputy County Administrator Date: November 10, 2020 Date: November 12, 2020 Date: November 12, 2020 Date: November 13, 2020 Page 288 of 411 Page 289 of 411 Steven J. Fousek Preserve Agreement THIS AGREEMENT is dated this , 2020, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County" and Devan Wilson, hereinafter referred to as "Contractor". WHEREAS, the County owns the property located at Steven J. Fousek Preserve (Paleo Hammock), hereinafter referred to as "the Property" (see Exhibit A); and, WHEREAS, a portion of the Property contains a location to site a recreational vehicle (recreational vehicle shall not be permanent and may include motor homes) and physical connections for well or water lines, sewer lines or septic, and electrical lines therewith (see Exhibit B); and, WHEREAS, the County desires a responsible person to reside on the Property, in return for the Contractor assisting the County with maintenance and protection of the County's property; and, WHEREAS, the Property was acquired for conservation and open space purposes with funding from a Florida Communities Trust (FCT) grant as FCT Project No. 99-020-139A and 04-044- FF4 and the use and management of the property is governed by and shall be consistent with the terms of the Grant Contract, the Warranty Deed, as recorded in the Official Record of St. Lucie County at Book 1408, Page 1095, and the Declaration of Restrictive Covenants, as recorded in Official Records of St. Lucie County at Book 1408, Page 1106 & 2141/2398, herein after collectively referred to as the FCT Grant Documents, (see Exhibit C) and the FCT approved Management Plan (see Exhibit D); and NOW, THEREFORE, in consideration of the mutual considerations and benefits which will accrue to the parties hereto in carrying out the terms of this Agreement, the parties agree as follows: ARTICLE 1 1.01 Term: The term of this Agreement shall be one (1) year beginning upon , 2020, and ending upon , 2021, unless terminated as provided herein, and shall supersede all prior agreements. 1.02 Option to Renew: At the option of the parties and subject to approval by FCT, this Agreement may be renewed for two (2) additional one (1) year periods upon the same terms and conditions herein specified. This option shall be deemed exercised and the Agreement renewed for an additional one (1) year period upon the County's written 1 Page 290 of 411 notification to Contractor that it will exercise this option to renew. Such written notification shall be given thirty (30) days prior to the expiration of this Contract. ARTICLE 2 2.01 Project Manager: The Project Manager for the County is the Environmental Resources Director, Amy Griffin. The Project Manager for Contractor is Devan Wilson. The parties shall direct all matters arising in connection with the performance of this Agreement to the attention of the Project Managers for attempted resolution or action. The Project Managers shall be responsible for overall resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Agreement. ARTICLE 3 3.01 Site Description: A map of 8551 Carlton Road showing the work camper location, is attached as Exhibit B, herein after referred to as Licensed Premises. 3.02 Use and Possession of Premises: This agreement constitutes a license and only grants a right of use and occupancy. As a license, the agreement does not create or grant a real property interest or estate in the Property or Licensed Premises. Contractor shall use and occupy the Licensed Premises for the purpose of a residence. Contractor agrees and it is hereby expressly stipulated that this Agreement constitutes permissive use only and the placing of any personal property or improvements upon the Licensed Premises and Property shall not operate to create or vest any property right in Contractor and shall not conflict with the management, protection and public use of the Property. Fee title and right to possess the Licensed Premises and Property is held by the County. Contractor, in accepting this Agreement, agrees that no claim of title or interest to said lands shall be made by reason of the occupancy or use Licensed Premises or Property. Contractor agrees to accept the Licensed Premises "As Is" on the date if this Agreement. Contractor shall acknowledge, by signing this Agreement, that the Property is open to the general public during operational hours and the Contractor shall not preclude the public from using any part of the site other than the area identified as the Licensed Premises during normal operational hours (sunrise to sunset). Contractor shall not sell or rent, nor offer to use, sell or rent, any merchandise, product or piece of equipment that is County property without the prior written approval of the County Administrator or designee. 3.03 Management: Management of the Licensed Premises and portion of the yard used by Page 291 of 411 the Contractor, will be in conformance with Environmental Resources Director written policy (Exhibit E), the FCT Grant Documents and the FCT approved Management Plan. The County shall be responsible for managing the entire Steven J. Fousek Preserve. ARTICLE 4 4.01 Assignment, Leasing and Successors in Interest: This License is personal to the Contractor and is not transferrable. Contractor shall not transfer or assign its rights to use the Licensed Premises in whole or any part, nor assign this Agreement to any other persons or firm. ARTICLE 5 5.01 Compensation: There shall be no rental payments required under this Agreement. The consideration for the use of the Licensed Premises by Contractor shall be the maintenance and operation of the Property, as described in Section 5.04 of this Agreement by Contractor. 5.02 Payments: Contractor shall pay all invoices, fees, and charges, and submit all reports required by this Agreement to: St. Lucie County, Environmental Resources Department 2300 Virginia Avenue, Fort Pierce, Florida 34982. In the event Contractor fails to pay any of the costs or charges as required to be paid under the provisions of this Agreement within thirty (30) days after same shall become due, interest at the rate of one percent (1%) per month shall accrue against the delinquent payment(s) until same are paid. Implementation of this provision shall not preclude the County from terminating this Agreement for default in the payment of fees, or charges, or from enforcing any other provisions contained herein. 5.03 County Obligations: A. County shall provide Licensed Premises for residence; B. County shall install utilities, including electricity, water, and septic (and sewer when it becomes available) to Licensed Premises; C. County shall provide a mailbox along Carlton Road for Contractor to receive postal mail, if postal service available; D. County shall provide lawn mower and other necessary tools and small equipment necessary for Contractor to conduct their obligations; E. County shall provide safety training, protective personal equipment (PPE), vest and shirts; F. County shall provide all outside trash cans, trash bags, and dumpster as well as pick up services of the dumpster; 3 Page 292 of 411 G. County shall provide background information on the site, natural communities and amenities so the Contractor is sufficiently versed in the subjects to convey to visiting public; and H. County shall provide a Guide/Standard Operating Procedure. 5.04 Contractor's Obligation: A. Contractor shall pay for all costs associated with the installation, use and operation of utility services to the Licensed Premises not listed in 5.03 B, including but not limited to phone and internet; B. Contractor shall reside in the Licensed Premises to provide a physical "presence" on site. Maximum occupancy of Licensed Premises is two (2); C. Contractor shall advise the Environmental Resources Director of the typically expected hours that the Contractor will occupy the Licensed Premises; D. Contractor shall advise the Environmental Resources Director of any absence of greater than 48 hours and, if possible, provide the County with a name and contact number of the person(s) who will provide coverage of the responsibilities listed herein during the absence. Person responsible for temporary coverage must complete background check through SLC four (4) weeks prior to providing coverage; E. Contractor shall maintain portion of the Licensed Premises that includes the outside yard and parking area used by Contractor in good repair and neat appearance at all times. No outside storage is permitted without approval of the Environmental Resources Director. The number of vehicles on site will be limited to two and all vehicles on site must be in running order and must have a valid/current registration, license plate, and proof of insurance.; F. Contractor shall act as the County's liaison and respond to emergency and non - emergency needs; G. Contractor shall notify, where appropriate, the Environmental Resources Director and/or Sheriff's Department of any unusual activity on the property including, but not limited, to wildfire, lost hikers, poaching, suspected trespass, vandalism, unauthorized use of property, or other illegal activities; H. Contractor shall be financially responsible for any loss of, or damage to, personal property and shall maintain insurance coverage for Licensed Premises and personal property; I. Contractor shall take all lawful steps to protect the Property from burglary, malicious mischief, unlawful trespass and vandalism, poaching and prevent injuries and unlawful acts; J. Contractor shall not do or permit anything to be done which purports to create a lien or encumbrance of any nature against the Licensed Premises or Property. K. Contractor shall be responsible for all pets both inside and outside, and agrees and understands that the pets are limited to one (1). Pets shall always be leashed or caged when outside of Contractor's residence area. Pet waste must be picked up, 4 Page 293 of 411 removed promptly, and discarded appropriately. Pets found roaming the preserve area will be removed. No cats are permitted onsite or in the Licensed Premises. Contractor shall not harbor or feed feral animals or wildlife (including feral cats and raccoons). Pets must have appropriate vaccinations and current rabies tags. Pets must not present a nuisance to staff or visitors, must be friendly, and approachable. Pets must be cared for appropriately, be in good health, and must remain indoors or with the owner at all times. Under no circumstances shall a pet be tied up or left outside; L. Contractor shall maintain a daily log of patrols, inspection tours (noting the dates and time the property is checked), related activities, problems encountered, safety hazards, abnormal activity, discrepancies and unusual circumstances, together with corrective action taken, or person notified. The logs shall be submitted to the Environmental Resources Director weekly. M. Contractor shall provide a minimum of 20 hours of work per week as indicated below and detailed further in Exhibit G: a. Contractor shall ensure that all trash and garbage has been properly removed from the Licensed Premises and the entire Property and placed in dumpster; b. Mow and weed the area within the Licensed Premises; c. Inspect the Steven J. Fousek Preserve entrances, parking lots, structures, kiosks, trails, picnic areas, and trails on the property at least once a day, and: i. Pick up litter/garbage; ii. Fill brochure racks; iii. Inspect for signs of damage, vandalism, or unauthorized use, and report any found to the Environmental Resources Director and the Sheriff's Department. d. Open and close all public entrance gates daily (open at sunrise and close at sunset) for Steven J. Fousek Preserve. e. Occasionally pressure wash, maintain, and repair the structures; f. Perform any reasonable, miscellaneous duties as assigned by the Environmental Resources Director, including, but not limited to, additional/specific care of the property, exotic removal, repair of fencing, site security, and maintenance of the grounds. N. Contractor also agrees no personal motorized vehicles shall be allowed onto the Property past the Licensed Premises, unless authorized by Environmental Resources Director, or appropriate land's management staff or during an emergency. Patrolling should only occur on a designated 4-wheeler type vehicle, provided by SLC, when vehicle is provided by the County. During all routine patrolling and onsite work, the Contractor shall wear the provided safety vest and/or uniform provided by the County. County provided uniforms are not permitted to be worn outside of SLC preserve areas unless invited by ERD staff to assist during an offsite event. O. Contractor shall have a clean appearance and be approachable by the public at any time while onsite. 5 Page 294 of 411 P. Contractor agrees that no hunting or trapping shall be allowed on the Property unless authorized by separate written authorization from Environmental Resources Director. Q. Contractor agrees to indemnify and hold the County, its agents and employees, harmless for all claims for damages and for any claims that may be made against it or them, by any member of his family or his guests for any damages whatsoever. ARTICLE 6 6.01 County Approval: Contractor agrees that it will obtain prior written approval from the County and FCT for any equipment Contractor plans to install requiring any modifications to the Licensed Premises or Property. Further, it is understood by Contractor that should any of the above items be disapproved, Contractor will offer alternative solutions. No amendment or claimed amendment hereto, either verbal or written shall be binding upon the County unless the same has been formally executed in behalf of the County by its Director of Environmental Resources and the Contractor. 6.02 County Approval of Change: The County reserves the right with stated just cause to require Contractor to change within a stated time any and all items contained in Article 6 of this Agreement it deems in need of change, despite previous approval of same. 6.03 Public Contact: Contractor shall conduct themselves in a courteous and professional manner when in contact with the Public (further detailed in Exhibit E). Failure to do so shall be grounds for the County to terminate Agreement. 6.04 Supervision: Contractor shall provide adult supervision to any personal visitors less than eighteen (18) years of age, to ensure the proper safety, supervision and control of participants, spectators and other persons while on the property. 6.05 Permitted Uses/Conditions: Contractor shall have the right to use and occupy the Licensed Premises for the sole purpose of a residence and living space. 6.06 Quality of Contractor's Services: A. Contractor shall control the conduct, demeanor, and appearance of their visitors and upon an objection of the County concerning the conduct, demeanor, or appearance of any such person, Contractor shall immediately take all necessary steps to correct the cause of such objections. B. Contractor shall use the Licensed Premises in a careful manner and shall, at its 6 Page 295 of 411 own cost and expense, keep and maintain the Licensed Premises in constant good condition and repair, and upon the expiration of this Agreement, or its termination in any manner, shall deliver County property listed in Exhibit F to the County in no worse condition than the same was at the commencement of this Agreement, loss by fire or other casualty and ordinary wear and tear only exceptions. C. Contractor shall furnish good, prompt, and efficient service, adequate to meet all reasonable demands therefore. ARTICLE 7 7.01 Structures and Improvements. Contractor shall not construct or place or cause to be constructed or placed, any structure or other improvements on the Licensed Premises or at the Property without the express written approval of the County Administrator or designee and FCT. Contractor shall not plant or cause to be planted any additional landscaping without the express written approval of the County Administrator or designee and FCT. 7.02 Equipment Installed by Contractor. A. All equipment and furnishing, installed by Contractor shall be in keeping with the appropriate standards of decor at the facilities and must be approved by the County prior to installation. Contractor shall not install, remove, or replace the equipment or furnishings and improvements that the County has, Contractor shall provide to the County a certified statement by an independent Certified Public Accountant setting forth the cost of such equipment, furnishings or improvements and the date upon which the installation of such equipment, furnishings, and improvements was completed. B. Contractor agrees that all equipment and improvements provided shall meet the requirements of all applicable regulations building, fire, pollution, and other related codes. C. Contractor shall not alter or modify any portion of the Licensed Premises, the Property or any improvements without express written approval of the County Administrator or designee and the FCT. D. Contractor shall not sell, convey, mortgage, pledge, or otherwise dispose of any of the equipment installed on the Property without express written approval of the County Administrator or designee. 7.03 Ownership of Improvements/Equipment: It is the intention of the parties to this Agreement that all fixtures, furnishings, equipment or improvements provided by Page 296 of 411 Contractor shall at the termination of this Agreement become the property of the County, unless agreed upon in writing and in advance by the County and Contractor. Contractor agrees to execute and deliver any improvements/equipment to the County within thirty (30) days from the termination of this Agreement. Prior to the installation of any such equipment or improvements, Contractor shall provide the County with an invoice or other documentation of the cost of the equipment or improvements along with the manufacturers or contractors estimated useful life for the improvement. ARTICLE 8 8.01 Sovereign Immunity as to FCT: Nothing contained in this Agreement shall be construed to be a waiver by FCT of any protections under sovereign immunity, Section 768.28 Florida Statutes, or any other similar provision of law. Nothing contained herein shall be construed to be a consent by either party to be sued by third parties in any matter arising out of this or any other contract. For purposes of this Article 10, FCT shall mean FCT, the State of Florida, the State of Florida Department of Environmental Protection, the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, and their respective officers, employees and agents. 8.02 Risk of Loss as to FCT: FCT shall not be liable for any loss by reason of damage, theft, or otherwise to the contents, belongings and personal effects of Contractor, Contractor's family, agents, employees, guests, or visitors located in or about the Licensed Premises, or for damage or injury to Contractor or Contractor's family, agents, employees, guests or visitors. Department shall not be liable if such damage, theft, or loss is caused by Contractor, Contractor's family, agents, employees, guests, or visitors. Nothing contained in this provision shall relieve the Contractor or County from responsibility for loss, damage, or injury caused by its own negligence or willful conduct. 8.03 Indemnification as to the County: Contractor does hereby agree and covenant to defend fully, protect, indemnify and hold harmless the County from and against each and every claim, demand or cause of action and any and all liability, cost, expense (including but not limited to reasonable attorneys' fees, costs and expenses incurred in defense of the County, even if incident to appellate, post -judgment or bankruptcy proceedings), damages or loss in connection therewith, which may be made or asserted by Contractor, Contractor's employees or agents, members, invitees or any third parties (including but not limited to the County) on account of personal injury, death, damage or property damage, claims, demands, suits or actions caused by, arising out of or in any way incidental to or in connection with Contractor's use of the Licensed Premises or Property. The consideration for this indemnification clause includes the agreement by the County and FCT to allow Contractor to use the Property. At the election of the County, Contractor shall contest and defend the County against any such claims of liability a Page 297 of 411 against the County. The County shall in any event, have the right, through counsel of its choice, to control the defense or response to any such claim. Only those matters which are determined by a final, non -appealable judgment to be the result of the negligence of the County the negligence of a third party who is not an agent, employee, member, invitee, or subcontractor of Contractor shall be excluded from Contractor's duty to indemnify the County, but only to the extent of negligence of the County or such third party. For the purpose of this section, the term County shall be deemed to include the Board of County Commissioners and its agents, directors, officers, volunteers, employees and affiliates. For purposes of this indemnification, claims shall mean and include all obligations, actual and consequential damages and costs reasonably incurred in the defense of any claim against the County, including, but not limited to attorneys' and expert witness fees, costs of investigation and proof of facts, court costs, other litigation expenses, and travel and living expenses. The County shall have the right to defend any such claim against it in such manner as the County deems appropriate or desirable in its sole discretion. The indemnification contained herein shall survive the expiration or termination of this Agreement. 8.04 Indemnification as to FCT: Contractor hereby covenants and agrees to investigate all claims of every nature at its own expense, and to indemnify, protect, defend, save and hold harmless FCT from any and all expenses, claims, action, lawsuits and demands of any kind or nature arising out of this Use Agreement. The indemnification contained herein shall survive the expiration or termination of this Agreement. ARTICLE 9 9.01 Insurance: Contractor is encouraged to maintain Renters Insurance during the term of this Agreement. Contractor shall require their insurance Agent or Carrier to provide the County with a Certificate of Insurance on a standard ACORD form or equivalent form showing the policy Effective Date and Expiration Date for each of the above listed coverage's and shall replace any expiring certificates with new certificates throughout the life of this agreement and any required extended coverage period. Each such Certificate of Insurance shall be sent to and shall list the following as the Certificate Holder: St. Lucie County BOCC Attn: Contracts Administration 2300 Virginia Ave. Ft. Pierce, FL Each such Certificate shall include the following wording: "St. Lucie County BOCC, its 9 Page 298 of 411 officers, and employees are named as additional insured's with respect to Contractor Society's use of the property under the agreement". Each such Certificate of Insurance shall provide for 30 days prior written notice to the Certificate Holder of any cancellation prior to the expiration date of the coverage's listed on the certificate. Nothing in this Article shall relieve the County of its obligations to FCT as to insurance and liability under the FCT Grant Documents. Nothing in this Agreement shall be construed to affect in any way the County's rights, privileges, and immunities, including sovereign immunity as provided by law as set forth in Florida Statute 768.28. ARTICLE 10 10.01 Liability for Damage or Injury: The County shall not be liable for any damage or injury which may be sustained by any part or persons on the Property other than the damage or injury caused solely by the negligence of the County. ARTICLE 11 11.01 Ingress and Egress: Subject to rules, regulations, statutes and ordinances governing the use of the Licensed Premises and Property, Contractor, its employees, agents, members, and invitees, and its suppliers of service and furnishers of materials, shall have the right of ingress and egress to and from the Property at designated access point only. Contractor shall immediately close access gate before and after entering or leaving the Property. I_11411411:111111 IN 12.01 Termination by County: The County may terminate this Agreement without notice upon the occurrence of any of the following events. A. Abandonment by Contractor of, and discontinuance of operation hereunder. B. Failure to maintain required insurance C. Violation of the terms and provisions of the FCT Grants Documents and the FCT approved Management Plan D. If Contractor fails to pass a St. Lucie County Health Department health/sanitation inspection, Contractor shall remedy the violation within a fourteen (14) day period or this Agreement shall terminate automatically as to io Page 299 of 411 the Property in violation. The County shall have the right, after fourteen (14) calendar days written notice sent by registered or certified mail to Contractor specifying the amount of payment(s) in default, to terminate this Agreement whenever the nonpayment of any sum or sums due hereunder continues for a period of thirty (30) calendar days after the due date for such payments; provided, however, that such termination shall not be effective if Contractor makes the required payment(s) during the fourteen (14) calendar days period following receipt of the written notice. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. The County shall have the right to terminate this Agreement after thirty (30) days written notice sent by registered or certified mail to Contractor of the occurrence of one or more of the following, unless the same shall have been corrected within such period. A. Nonperformance of any covenant of this Agreement and failure of Contractor to remedy such breach. B. The conduct of any business or the merchandising of any product of service not authorized herein. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 12.02 Termination by Contractor: Contractor shall have the right upon thirty (30) calendar day's written notice to the County to terminate this Agreement at anytime after the occurrence of one or more of the following events: A. Issuance by any court of competent jurisdiction of any injunction substantially restricting the use of the Licensed Premises for residential purposes, and the remaining in force of said injunction for more than ninety (90) calendar days. B. A breach by the County of any of the terms, covenants, or conditions contained in this Agreement and the failure of the County to remedy such breach for sixty (60) calendar days after receipt of written notice sent by registered or certified mail from Contractor of the existence of such breach. 12.03 Termination without Cause: Either party may terminate this Agreement without cause upon thirty (30) days prior written notice to the other party. 11 Page 300 of 411 ARTICLE 13 13.01 Rules and Regulations: Contractor shall observe, obey and comply with all rules and regulations adopted by the County and all laws, ordinances and/or rules and regulations of other governmental units and agencies having lawful jurisdiction, which may be applicable to Contractor's operations under this Agreement. ARTICLE 14 14.01 Payment of Obligations: Contractor shall pay all costs lawfully assessed against its use and occupancy of the Licensed Premises, Property, its improvements and its operations under the Agreement provided, however, that Contractor shall not be deemed to be in default of its obligations under this Agreement for failure to pay pending the outcome of any legal proceedings instituted to determine the validity of such. ARTICLE 15 15.01 Inspection by County: The County and/or FCT may make periodic inspections of all of the Licensed Premises, Property and equipment to determine if such are being maintained in a neat and orderly condition. Contractor shall be required to make any improvements including any maintenance methods required by the County. Such periodic inspections may also be made to determine whether Contractor is operating in compliance with the terms and conditions of this Agreement and the FCT Grants Documents and the FCT approved Management Plan. le11411 I4:0 111 16.01 Termination of Agreement: Contractor, within seventy-two (72) hours following the termination of this Agreement, shall forthwith remove all of its personal property not acquired by the County under the terms of this Agreement. Personal property as defined herein shall not include any fixtures and improvements permanently affixed. Any personal property of Contractor not removed in accordance with this Article may be removed by the County for storage at the cost of Contractor or shall constitute a gratuitous transfer of title thereof to the County for whatever disposition is deemed to be in the best interest of the County. The County shall not be liable to Contractor for the safekeeping of Contractor's personal property. Upon termination of this Agreement and the removal of all personal property by Contractor shall restore the Property to a neat, clean and habitable condition. Any clothing and equipment provided by the County to the Contractor, including but not limited to, safety vests and uniforms, shall be returned to the County at termination of this agreement. 12 Page 301 of 411 ARTICLE 17 17.01 Indulgence Not Waiver: The indulgence of either party or FCT with regard to any breach or failure to perform any provision of this Agreement shall not be deemed to constitute a waiver of the provision or any portion of this Agreement either at the time the breach or failure occurs or at any time throughout the term of this Agreement. ARTICLE 18 18.01 Notices: All notices, requests, consents, and other communications required or permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, emailed, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: As To County: With A Copy To: St. Lucie County Administrator St. Lucie County Attorney Administration Building Annex Administration Building Annex 2300 Virginia Avenue, 3rd Floor 2300 Virginia Avenue, 3rd Floor Fort Pierce, Florida 34982 Fort Pierce, Florida 34982 St. Lucie County Environmental Resources Director 2300 Virginia Avenue Fort Pierce, Florida 34982 As To Contractor: Devan Wilson 8551 Carlton Rd. Port St. Lucie, FL 34987 To FCT: Florida Communities Trust State of Florida Department of Environmental Protection 3900 Commonwealth Blvd., MS 103 Tallahassee, FL 32399-3000 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the 13 Page 302 of 411 notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 18.02 Interpretation; Venue: This Agreement constitutes the entire agreement between the parties with respect to subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. Notwithstanding the foregoing, any conflict between the terms and conditions of this Use Agreement and those of the FCT Grants Documents and the FCT approved Management Plan shall be resolved in favor of the FCT Grants Documents and the FCT approved Management Plan. This Agreement maybe amended only by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. ARTICLE 19 19.01 Attorneys' Fees and Costs: In the event of any dispute concerning the terms and conditions of this Agreement or in the event of any action by any party to this Agreement to judicially interpret or enforce this Agreement or any provision hereof, or in any dispute arising in any manner from this Agreement, the prevailing party shall be entitled to recover its reasonable costs, fees and expenses, including but not limited to, witness fees, expert fees, consultant fees, attorney, paralegal and legal assistant fees, costs and expenses and other professional fees, costs and expenses, whether suit be brought or not, and whether any settlement shall be entered in any declaratory action, at trial or on appeal. The liability of the Contractor and its surety or sureties for such fees and costs is joint and several. Ie1:i1I4q*1111J 20.01 Conflict of Interest: Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Section 112.311, Florida Statutes (2007) and as may be amended from time to time. Contractor further represents that no person having any interest shall be employed for said performance. Contractor shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance that may influence or appear to influence Contractor's judgment or quality of services being provided hereunder. Such written 14 Page 303 of 411 notification shall identify the prospective business association, interest or circumstance, the nature of Work that Contractor may undertake and request an opinion of the County whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered by Contractor. The County agrees to notify Contractor of its opinion by certified mail within thirty (30) days of receipt of notification by Contractor. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by Contractor, the County shall so state in the notification and Contractor shall, at its/their option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the under the terms of this Agreement. ARTICLE 21 21.01 Mediation: In the event of a dispute between the parties in connection with this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non -binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. ATTEST: DEPUTY CLERK WITNESSES: (1) (2) BOARD OF COUNTY COMMISSIONERS BY: CHAIR APPROVED AS TO FORM AND CORRECTNESS: BY: COUNTY ATTORNEY CONTRACTOR DEVAN WILSON IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their 15 Page 304 of 411 appropriate officials, of the date first above written. Reviewed and Approved by: Signature Printed Name Date Secretary or Designee Florida Communities Trust State of Florida Department of Environmental Protection 16 Page 305 of 411 Exhibit A '� Steven J. Fousek Preserve (Paleo Hammock) f, This map is fn6enteded for refemnae cW Exhibit Steven J. Fousek Preserve (Paleo Hammock) L end Work Camper Site Trails This map is intenteded for reference only. For more Information please contact the Emrironmental Resources Department Lands Division at 772-462-2897. 0 25 50 100 150 2 'F St. '! ucte Gounq, _ ... __-_ � Feet �. e"hahamsIGa=016IV:1ERn1P^oledFUwW.RDLads1Peleo�d MPa1ecV&*CmnpwS[Kmxd _-. i�f-MIMINLPQMW r,43ouvess Dopmli•"�.i9 n:-- --4Dage -307 4f 414 r Luc a- AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Edward Doiley, Project Manager SUBMITTED BY: Facilities Department SUBJECT: Morningside Library Packaged Unit Replacement Project BACKGROUND: 8.F.1. 2020-50609 CONSENT AGENDA - FACILITIES DATE: 12/1/2020 *ACTION ITEM - BOARD APPROVAL The existing 25-ton rooftop package unit is 16 years old and is at the end of its useful life. The unit is failing and often affecting the operation of the facility. R-22 Freon is being phased out for reliable air conditioning that maintain good indoor air quality and eliminate ozone -depleting substances. Replacement of the package unit has been identified on the Facilities Capital Improvement Plan for FY21 to conform to industry HVAC standards for efficiency, environment friendly, and clean air act. Through an Omnia Partners/US Communities contract, Trane has submitted a turnkey proposal to replace the existing package unit to include supplying a new unit, removal of the existing unit, and installation of the new high efficiency Direct Expansion Cooling unit along with all related mechanical and electrical work. PREVIOUS ACTION: N/A FINANCIAL IMPACT: A budgeted amount of $109,672.00 is available for the project and sufficient funds are available in the Facilities Maintenance Improvement Plan account 001-1930-546200-1907. RECOMMENDATION: Staff recommends 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 Page 308 of 411 approved by the County Attorney. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: November 18, 2020 Daniel Retherford, Facilities Director Daniel McIntyre, County Attorney Z�� 4—�D Jennifer Hill, Office of Management & Budget Director Alphonso Jefferson, Deputy County Administrator Date: November 19, 2020 Date: November 19, 2020 Date: November 19, 2020 Page 309 of 411 Proposal Tim ME (VaIid for 30 days frorn Proposal date) V Prepared For. Date: October 22, 2020 St Lucie County Board of Commissioners Proposal Number: H6-58985-2 Job Name: US Communities Quote Number. 40-125310-20-008 SLC - Morningside Library 25T Ipak Repl US Communities Contract Number., USC 15-JLP-023 Delivery Terms: Payment Terms: Freight Allowed & Prepaid 1st DestinationlJobsite Net 30 Days Trane U.S. Inc, is pleased to provide the following proposal for your review and approval. Tag Data - Commercial Rooftop Air Conditioning Units (Midrange) (Qty: 1) Item I Tag(s)I Oty I Description I Model Number Al 125T I ak 11 20-75 Ton Packaged Industrial Rooftop SAHLF254 Product Data - Commercial Rooftop Air Conditioning Units (Midrange) Item: Al Qty: 1 Tag(s): 25T Ipak High efficiency unit DX Cooling only R-410A refrigerant 25 Ton unit 460 Volt-60 Hertz-3 Phase 0-100% Economizer (Motorized Damper) Sloped Stainless Steel Drain Pan Grease Lines 1 Filter Gauge 2.00" [51 mm] Spring isolators MERV 8 High efficiency throwaway filters (1 set) 15 HP FC Fan VAV (DTC) with supply VFD & bypass Programmable zone sensor (Fld) Low ambient damper(s) control cULus Unit disconnect switch with high fault SCCR (65k SCR rating) Motors with internal shaft grounding ring Hinged access doors BACnet communication interface module 0-10 volt Generic B.A.S Module Factory Start-up and 1s' year Parts, Labor & Refrigerant warranty 2",1-51" year Whole Unit Parts warranty Excludes: Curb or Curb adapter (re -use existing), Controls wiring or integration labor, Unit casing coating (cond coil only), Smoke Detectors, Final Filters, Labor warranty, Anything not listed above. Total Net Price (Excluding Sales Tax) ....................................................... ............ .............. $ 43,774. Pricing is based on standard lead times. J:1JOBS14M58985111Proposal- SLC Morningside Library 25T Ipak Repl 10-8-20.doc Page 310 of 411 SLG - Mornin side Library 25T I ak Repi October 8, 2020 Voluntary ADD Options: ADD for eDrive, Direct drive plenum (DDP) supply fan: + $ 1,184. ADD for Low leak OA dampers: + $ 154. ADD for Traq OA dampers/AFMS: + $ 2,047. ADD for Factory -powered 15A GFI Convenience outlet: + $ 615. ADD for 2nd-51h year Labor & Refrigerant warranty: + $ 2,890. This proposal is subject to your acceptance of the attached Trane terms and conditions (Equipment). COVID-19 NATIONAL EMERGENCY CLAUSE The parties agree that they are entering into this Agreement while the nation is in the midst of a national emergency due to the Covid-19 pandemic ("Covid-19 Pandemic"). With the continued existence of Covid-19 Pandemic and the evolving guidelines and executive orders, it is difficult to determine the impact of the Covid-19 Pandemic on Trane's performance under this Agreement. Consequently, the parties agree as follows: 1. Each party shall use commercially reasonable efforts to perform its obligations under the Agreement and to meet the schedule and completion dates, subject to provisions below; 2. Each party will abide by any federal, state (US), provincial (Canada) or local orders, directives, or advisories regarding the Covid-19 Pandemic with respect to its performance of its obligations under this Agreement and each shall have the sole discretion in determining the appropriate and responsible actions such party shall undertake to so abide or to safeguard its employees, subcontractors, agents and suppliers; 3. Each party shall use commercially reasonable efforts to keep the other party informed of pertinent updates or developments regarding its obligations as the Covid-19 Pandemic situation evolves; and 4. If Trane's performance is delayed or suspended as a result of the Covid-19 Pandemic, Trane shall be entitled to an equitable adjustment to the project schedule and/or the contract price. Ft_D : Furnished by Trane U. S. Inc. / Installed by Equipment Proposal Page 2 of 5 Others Page 311 of 411 SLC - Morningside Library 26T Ipak Repl October 8, 2020 TERMS AND CONDITIONS - COMMERCIAL EQUIPMENT "Company" shall mean Trane U.S. Inc.. 1. Acceptance. These terms and conditions are an Integral part of Company's offer and form the basis of any agreement (the "Agreement") resulting from Company's proposal (the "Proposal") for the sale of the described commercial equipment and any ancillary services (the "Equipment"). COMPANY'S TERMS AND CONDITIONS ARE SUBJECT TO PERIODIC CHANGE OR AMENDMENT, The Proposal is subject to acceptance in writing by the party to whom this offer is made or an authorized agent ("Customer") delivered to Company within 30 days from the date of the Proposal. If Customer accepts the Proposal by placing an order, without the addition of any other terms and conditions of sale or any other modification, Customers order shall be deemed acceptance of the Proposal subject to Company's terms and conditions, If Customers order Is expressly conditioned upon Company's acceptance or assent to terms and/or conditions other than those expressed herein, return of such order by Company with Company's terms and conditions attached or referenced serves as Company's notice of objection to Customer's terms and as Company's counter-offer to provide Equipment in accordance with the Proposal and the Company's terms and conditions. If Customer does not reject or object in writing to Company within 10 days, Company's counter-offer will be deemed accepted. Customer's acceptance of the Equipment will in any event constitute an acceptance by Customer of Company's terms and conditions. This Agreement is subject to credit approval by Company. Upon disapproval of credit, Company may delay or suspend performance or, at its option, renegotiate prices and/or terms and conditions with Customer. If Company and Customer are unable to agree on such revisions, this Agreement shall be cancelled without any liability. 2. Connected Services. In addition to these terms and conditions, the Connected Services Terms of Service ("Connected Services Terms"), available at https://www.trane.com/TraneConnectedServicesTerms, as updated from time to time, are incorporated herein by reference and shall apply to the extent that Company provides Customer with Connected Services, as defined In the Connected Services Terms, 3. Title and Risk of Loss. All Equipment sales with destinations to Canada or the U.S. shall be made as follows: FOB Company's U.S. manufacturing facility or warehouse (full freight allowed). Title and risk of loss or damage to Equipment will pass to Customer upon tender of delivery of such to carrier at Company's U.S. manufacturing facility or warehouse. 4. Pricing and Taxes. Following acceptance without addition of any other terms and condition of sale or any other modification by Customer, the prices stated are firm provided that notification of release for immediate production and shipment is received at Company's factory not later than 3 months from order acceptance. If such release is received later than 3 months from order acceptance date, prices will be increased a straight I % (not compounded) for each 1 month period (or part thereof) beyond the 3 month firm price period up to the date of receipt of such release, If such release is not received within 6 months after the date of order acceptance, the prices are subject to renegotiation or at Company's option, the order will be cancelled. Any delay In shipment caused by Customer's actions will subject prices to increase equal to the percentage increase in list prices during that period of delay and Company may charge Customer with incurred storage fees. In no event will prices be decreased. The price of Equipment does not include any present or future foreign, federal, state, or local property, license, privilege, sales, use, excise, value added, gross receipts or other like taxes or assessments. Such amounts will be itemized separately to Customer, who will make prompt payment to Company. Company will accept valid exemption documentation for such from Customer, if applicable. All prices Include packaging In accordance with Company's standard procedures. Charges for special packaging, crating or packing are the responsibility of Customer. 5. Delivery and Delays. Delivery dates are approximate and not guaranteed. Company will use commercially reasonable efforts to deliver the Equipment on or before the estimated delivery date will notify Customer if the estimated delivery dates cannot be honored, and will deliver the Equipment and services as soon as practicable thereafter. In no event will Company be liable for any damages or expenses caused by delays in delivery. 6. Performance. Company shall be obligated to furnish only the Equipment described in the Proposal and in submittal data (if such data is issued in connection with the order). Company may rely on the acceptance of the Proposal, and In submittal data as acceptance of the suitability of the Equipment for the particular project or location. Unless specifically stated in the Proposal, compliance with any local building codes or other laws or regulations relating to specifications or the location, use or operation of the Equipment is the sole responsibility of Customer. If Equipment is tendered that does not fully comply with the provisions of this Agreement, and Equipment is rejected by Customer, Company will have the right to cure within a reasonable time after notice thereof by substituting a conforming tender whether or not the time for performance has passed. 7. Force Majeure. Company's duty to perform under this Agreement and the Equipment prices are contingent upon the non-occurrence of an Event of Force Majeure, If the Company shall be unable to carry out any material obligation under this Agreement due to an Event of Force Majeure, this Agreement shall at Company's election (i) remain in effect but Company's obligations shall be suspended until the uncontrollable event terminates or (it) be terminated upon 10 days notice to Customer, in which event Customer shall pay Company for all parts of the Work furnished to the date of termination. An "Event of Force Majeure" shall mean any cause or event beyond the control of Company. Without limiting the foregoing, "Event of Force Majeure" includes: acts of God; acts of terrorism, war or the public enemy; flood; earthquake; tornado; storm; fire; civil disobedience; pandemic insurrections; riots; labor/labour disputes; laborliabour or material shortages; sabotage; restraint by court order or public authority (whether valid or invalid); and action or non -action by or Inability to obtain or keep in force the necessary governmental authorizations, permits, licenses, certificates or approvals if not caused by Company; and the requirements of any applicable government in any manner that diverts either the material or the finished product to the direct or indirect benefit of the government. 8. Limited Warranty. Company warrants the Equipment manufactured by Company for a period of the lesser of 12 months from initial start-up or 18 months from date of shipment, whichever is less, against failure due to defects in material and manufacture and that It has the capacities and ratings set forth in Company's catalogs and bulletins ("Warranty"). Equipment manufactured by Company that includes required startup and sold in North America will not be warranted by Company unless Company performs the Equipment startup. Exclusions from this Warranty include damage or failure arising from: wear and tear; corrosion, erosion, deterioration; modifications made by others to the Equipment; repairs or alterations by a party other than Company that adversely affects the stability or reliability of the Equipment; vandalism; neglect; accident; adverse weather or environmental conditions; abuse or improper use; improper installation; commissioning by a party other than Company; unusual physical or electrical or mechanical stress; operation with any accessory, equipment or part not specifically approved by Company; refrigerant not supplied by Company; and/or lack of proper maintenance as recommended by Company. Company shall not be obligated to pay for the cost of lost refrigerant or lost product. Company's obligations and liabilities under this Warranty are limited to furnishing replacement equipment or parts, at its option, FCA (Incoterms 2000) factory or warehouse (f,o,b, factory or warehouse for US domestic purposes) at Company -designated shipping point, freight -allowed to Company's warranty agent's stock location, for all non -conforming Company -manufactured Equipment (which have been returned by Customer to Company. Returns must have prior written approval by Company and are subject to restocking charge where appl€cable. Equipment, material and/or parts that are not manufactured by Company are not warranted by Company and have such warranties as may be extended by the respective manufacturer. COMPANY MAKES NO REPRESENTATION OR WARRANTY, OF ANY KIND, INCLUDING WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, IS MADE REGARDING PREVENTING, ELIMINATING, REDUCING OR INHIBITING ANY MOLD, FUNGUS, BACTERIA, VIRUS, MICROBIAL GROWTH, OR ANY OTHER CONTAMINANTS (INCLUDING COVID-19 OR ANY SIMILAR VIRUS) (COLLECTIVELY, "CONTAMINANTS"), WHETHER INVOLVING OR IN CONNECTION WITH EQUIPMENT, ANY COMPONENT THEREOF, SERVICES OR OTHERWISE. IN NO EVENT SHALL TRANE HAVE ANY LIABILITY FOR THE PREVENTION, ELIMINATION, REDUCTION OR INHIBITION OF THE GROWTH OR SPREAD OF SUCH CONTAMINANTS INVOLVING OR IN CONNECTION WITH ANY EQUIPMENT, ANY COMPONENT THEREOF, SERVICES OR OTHERWISE AND CUSTOMER HEREBY SPECIFICALLY ACKNOWLDGES AND AGREES THERETO. No warranty liability whatsoever shall attach to Company until Customer's complete order has been paid for In full and Company's liability under this Warranty shall be limited to the purchase price of the Equipment shown to be defective. Additional warranty protection is available on an extra -cost basis and must be in writing and agreed to by an authorized signatory of the Company. EXCEPT FOR COMPANY'S WARRANTY EXPRESSLY SET FORTH HEREIN, COMPANY DOES NOT MAKE, AND HEREBY EXPRESSLY DISCLAIMS, ANY WARRANTIES, EXPRESS OR IMPLIED CONCERNING ITS PRODUCTS, EQUIPMENT OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF FLD : Fumished by Trane U.S. Inc. /installed by Equipment Proposal Page 3 of 5 Others Page 312 of 411 SLC - Morningside Library 25T Ipak Repi_ October 8, 2020 DESIGN, MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, OR OTHERS THAT ARE ALLEGED TO ARISE FROM COURSE OF DEALING OR TRADE. 9. Indemnity. To the fullest extent permitted by law, Company and Customer shall Indemnify, defend and hold harmless each other from any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorneys' fees, resulting from death or bodily injury or damage to real or personal property, to the extent caused by the negligence or misconduct of their respective employees or other authorized agents in connection with their activities within the scope of this Agreement, Neither party shall indemnify the other against claims, damages, expenses or liabilities to the extent attributable to the acts or omissions of the other party, If the parties are both at fault, the obligation to Indemnify shall be proportional to their relative fault, The duty to indemnify will continue in full force and effect, notwithstanding the expiration or early termination hereof, with respect to any claims based on facts or conditions that occurred prior to expiration or termination. 10. Insurance. Upon request, Company will furnish evidence of its standard insurance coverage. If Customer has requested to be named as an additional insured under Company's insurance policy, Company will do so but only subject to Company's manuscript additional insured endorsement under its primary Commercial General Liability policies. In no event does Company waive any rights of subrogation. 11. Customer Breach. Each of the following events or conditions shall constitute a breach by Customer and shall give Company the right, without an election of remedies, to terminate this Agreement, require payment prior to shipping, or suspend performance by delivery of written notice: (1) Any failure by Customer to pay amounts when due; or (2) any general assignment by Customer for the benefit of its creditors, or if Customer becomes bankrupt or insolvent or takes the benefit of any statute for bankrupt or insolvent debtors, or makes or proposes to make any proposal or arrangement with creditors, or If any steps are taken for the winding up or other termination of Customer or the liquidation of its assets, or If a trustee, receiver, or similar person is appointed over any of the assets or Interests of Customer; (3) Any representation or warranty furnished by Customer in connection with this Agreement is false or misleading in any material respect when made; or (4) Any failure by Customer to perform or comply with any material provision of this Agreement. Customer shall be liable to the Company for all Equipment furnished and all damages sustained by Company (including lost profit and overhead). 12, Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT SHALL. COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT CONSEQUENTIAL, OR PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION REFRIGERANT LOSS, BUSINESS INTERRUPTION, LOST DATA, LOST REVENUE, LOST PROFITS) EVEN IF A PARTY HAS BEEN ADVISED OF SUCH POSSIBLE DAMAGES OR IF SAME WERE REASONABLY FORESEEABLE AND REGARDLESS OF WHETHER THE CAUSE OF ACTION IS FRAMED IN CONTRACT, NEGLIGENCE, ANY OTHER TORT, WARRANTY, STRICT LIABILITY, OR PRODUCT LIABILITY). In no event will Company's liability in connection with the provision of products or services or otherwise under this Agreement exceed the entire amount paid to Company by Customer under this Agreement. 13. COVID-19 LIMITATION ON LIABILITY The transmission of COVID-19 may occur in a variety of ways and circumstances, many of the aspects of which are currently not known. HVAC systems, products, services and other offerings have not been tested for their effectiveness in reducing the spread of COVID-19, including through the air in closed environments. IN NO EVENT WILL TRANS BE LIABLE UNDER THIS AGREEMENT OR OTHERWISE FOR ANY ACTION OR CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE, FOR ANY BODILY INJURY (INCLUDING DEATH) OR ANY OTHER LIABILITIES, DAMAGES OR COSTS RELATED TO COVID-19 (INCLUCING THE SPREAD, TRANSMISSION OR CONTAMINATION THEREOF) (COLLECTIVELY, "COVID-19 LIABILITIES") AND CUSTOMER HEREBY EXPRESSLY RELEASES TRADE FROM ANY SUCH COVID-19 LIABILITIES. 14. Nuclear Liability. In the event that the Equipment sold hereunder is to be used in a nuclear facility, Customer vAl, prior to such use, arrange for insurance or governmental indemnity protecting Company against all liability and hereby releases and agrees to Indemnify Company and its suppliers for any nuclear damage, including loss of use, in any manner arising out of a nuclear incident, whether alleged to be due, in whole or in part to the negligence or otherwise of Company or Its suppliers. 15. Intellectual Property; Patent Indemnity. Company retains all ownership, license and other rights to all patents, trademarks, copyrights, trade secrets and other Intellectual property rights related to the Equipment, and, except for the right to use the Equipment sold, Customer obtains no rights to use any such intellectual property. Company agrees to defend any suit or proceeding brought against Customer so far as such suit or proceeding is solely based upon a claim that the use of the Equipment provided by Company constitutes infringement of any patent of the United States of America, provided Company is promptly notified in writing and given authority, Information and assistance for defense of same. Company will, at its option, procure for Customer the right to continue to use said Equipment, or modify it so that it becomes non -Infringing, or replace same with non -infringing Equipment, or to remove said Equipment and to refund the purchase price. The foregoing will not be construed to include any Agreement by Company to accept any liability whatsoever In respect to patents for inventions including more than the Equipment furnished hereunder, or in respect of patents for methods and processes to be carried out with the aid of said Equipment. The provision of Equipment by Company does not convey any license, by implication, estoppel, or otherwise, under patent claims covering combinations of said Equipment with other devices or elements. The foregoing states the entire liability of Company with regard to patent infringement. Notwithstanding the provisions of this paragraph, Customer will hold Company harmless against any expense or loss resulting from infringement of patents or trademarks arising from compliance with Customer's designs or specifications or Instructions. 16. Cancellation. Equipment is specially manufactured in response to orders. An order placed with and accepted by Company cannot be delayed, canceled, suspended, or extended except with Company's written consent and upon written terms accepted by Company that will reimburse Company for and indemnify Company against loss and provide Company with a reasonable profit for its materials, time, labor, services, use of facilities and otherwise. Customer will be obligated to accept any Equipment shipped, tendered for delivery or delivered by Company pursuant to the order prior to any agreed delay, cancellation, suspension or extension of the order. Any attempt by Customer to unilaterally revoke, delay or suspend acceptance for any reason whatever after it has agreed to delivery of or accepted any shipment shall constitute a breach of this Agreement. For purposes of this paragraph, acceptance occurs by any waiver of inspection, use or possession of Equipment, payment of the invoice, or any indication of exclusive control exercised by Customer. 17. Invoicing and Payment. Unless otherwise agreed to in writing by Company, equipment shall be Invoiced to Customer upon tender of delivery thereof to the carrier. Customer shall pay Company's Invoices within net 30 days of shipment date. Company reserves the right to add to any account outstanding for more than 30 days a service charge equal to the lesser of the maximum allowable legal Interest rate or 1.5% of the principal amount due at the end of each month. Customer shall pay all costs (including attorneys' fees) incurred by Company in attempting to collect amounts due and otherwise enforcing these terms and conditions. If requested, Company will provide appropriate lien waivers upon receipt of payment. Company may at any time decline to ship, make delivery or perform work except upon receipt of cash payment, letter of credit, or security, or upon other terms and conditions satisfactory to Company. Customer agrees that, unless Customer makes payment In advance, Company will have a purchase money security interest in all Equipment to secure payment in full of all amounts due Company and its order for the Equipment, together with these terms and conditions, form a security agreement (as defined by the UCC in the United States and as defined in the Personal Property Security Act in Canada). Customer shall keep the Equipment free of all taxes and encumbrances, shall not remove the Equipment from its original installation point and shall not assign or transfer any interest in the Equipment until all payments due Company have been made. The purchase money security interest granted herein attaches upon Company's acceptance of Customer's order and on receipt of the Equipment described In the accepted Proposal but prior to its installation. The parties have no agreement to postpone the time for attachment unless specifically noted In writing on the accepted order. Customer will have no rights of set off against any amounts, which become payable to Company under this Agreement or otherwise. 18. Claims. Company will consider claims for concealed shortages in shipments or rejections due to failure to conform to an order only if such claims or rejections are made in writing within 15 days of delivery and are accompanied by the packing list and, if applicable, the reasons In detail why the Equipment does not conform to Customer's order. Upon receiving authorization and shipping instructions from authorized personnel of Company, FLD : Fumished by Trane U.S. Inc. /Installed by Equipment Proposal Page 4 of 5 Others Page 313 of 411 SLC - Morningside Library 25T Ipak Repl October 8, 2020 Customer may return rejected Equipment, transportation charges prepaid, for replacement. Company may charge Customer any costs resulting from the testing, handling, and disposition of any Equipment returned by Customer which are not found by Company to be nonconforming. All Equipment damaged during shipment and all claims relating thereto must be made with the freight carrier in accordance with such carrier's policies and procedures. Claims for Equipment damaged during shipment are not covered under the warranty provision stated herein, 19. Export taws. The obligation of Company to supply Equipment under this Agreement is subject to the ability of Company to supply such items consistent with applicable laws and regulations of the United States and other governments. Company reserves the right to refuse to enter into or perform any order, and to cancel any order, under this Agreement if Company in its sole discretion determines that performance of the transaction to which such order relates would violate any such applicable law or regulation. Customer will pay all handling and other similar costs from Company's factories Including the costs of freight, Insurance, export clearances, import duties and taxes. Customer will be "exporter of record" with respect to any export from the United States of America and will perform all compliance and logistics functions In connection therewith and will also comply with all applicable laws, rules and regulations. Customer understands that Company and/or the Equipment are subject to laws and regulations of the United States of America which may require licensing or authorization for and/or prohibit export, re-export or diversion of Company's Equipment to certain countries, and agrees it will not knowingly assist or participate in any such diversion or other violation of applicable United States of America laws and regulations. Customer agrees to hold harmless and Indemnify Company for any damages resulting to Customer or Company from a breach of this paragraph by Customer. 20. General. Except as provided below, to the maximum extent provided by law, this Agreement is made and shall be interpreted and enforced in accordance with the laws of the state of New York for Equipment shipped to a U.S. location and the laws of the province to which Equipment is shipped within Canada, without regard to its conflict of law principles that might otherwise call for the application of a different state's or province's law, and not Including the United Nations Convention on Contracts for the International Sale of Goods. Any action or suit arising out of or related to this Agreement must be commenced within one year after the cause of action has accrued. To the extent the Equipment is being used at a site owned and/or operated by any agency of the Federal Government, determination of any substantive issue of law shall be according to the Federal common law of Government contracts as enunciated and applied by Federal judicial bodies and boards of contract appeals of the Federal Government, This Agreement contains all of the agreements, representations and understandings of the parties and supersedes all previous understandings, commitments or agreements, oral or written, related to the subject matter hereof. This Agreement may not be amended, modified or terminated except by a writing signed by the parties hereto. No documents shall be incorporated herein by reference except to the extent Company is a signatory thereon. If any term or condition of this Agreement Is Invalid, illegal or incapable of being enforced by any rule of law, all other terms and conditions of this Agreement will nevertheless remain in full force and effect as long as the economic or legal substance of the transaction contemplated hereby is not affected in a manner adverse to any party hereto. Customer may not assign, transfer, or convey this Agreement, or any part hereof, or its right, title or interest herein, without the written consent of the Company. Subject to the foregoing, this Agreement shall be binding upon and Inure to the benefit of Customer's permitted successors and assigns. This Agreement may be executed In several counterparts, each of which when executed shall be deemed to be an original, but all together shall constitute but one and the same Agreement. A fully executed facsimile copy hereof or the several counterparts shall suffice as an original. 21. Equal Employment Opportunity/Affirmative Action Clause. Company is a federal contractor that complies fully with Executive Order 11246, as amended, and the applicable regulations contained in 41 C.F.R. Parts 60-1 through 60-60, 29 U.S.C. Section 793 and the applicable regulations contained in 41 C.F.R. fart 60-741; and 38 U.S.C. Section 4212 and the applicable regulations contained in 41 C.F.R. Part 60-250 Executive Order 13496 and Section 29 CFR 471, appendix A to subpart A, regarding the notice of employee rights In the United States and with Canadian Charter of Rights and Freedoms Schedule 8 to the Canada Act 1982 (U.K.) 1982, c. 11 and applicable Provincial Human Rights Codes and employment law in Canada. 22. U.S. Government Work. The following provision applies only to direct sales by Company to the US Government. The Parties acknowledge that Equipment ordered and delivered under this Agreement are Commercial Items as defined under Part 12 of the Federal Acquisition Regulation (FAR). In particular, Company agrees to be bound only by those Federal contracting clauses that apply to "commercial" suppliers and that are contained In FAR 52.212-5(e)(1). The following provision applies only to indirect sales by Company to the US Government. As a Commercial Item Subcontractor, Company accepts only the following mandatory flow down provisions: 52.219-8; 52,222-26; 52.222-35; 52.222-36; 52.222-39; 52.247-64. If the sale of the Equipment is in connection with a U.S. Government contract, Customer certifies that it has provided and will provide current, accurate, and complete information, representations and certifications to all government officials, including but not limited to the contracting officer and officials of the Small Business Administration, on all matters related to the prime contract, including but not limited to all aspects of Its ownership, eligibility, and performance. Anything herein notwithstanding, Company will have no obligations to Customer unless and until Customer provides Company with a true, correct and complete executed copy of the prime contract. Upon request, Customer will provide copies to Company of all requested written communications with any government official related to the prime contract prior to or concurrent with the execution thereof, Including but not limited to any communications related to Customer's ownership, eligibility or performance of the prime contract. Customer will obtain written authorization and approval from Company prior to providing any government official any information about Company's performance of the work that is the subject of the Proposal or this Agreement, other than the Proposal or this Agreement. 23. Limited Waiver of Sovereign Immunity. If Customer is an Indian tribe (in the U.S.) or a First Nation or Band Council (in Canada), Customer, whether acting in its capacity as a government, governmental entity, a duly organized corporate entity or otherwise, for itself and for Its agents, successors, and assigns: (1) hereby provides this limited waiver of its sovereign Immunity as to any damages, claims, lawsuit; or cause of action (herein "Action") brought against Customer by Company and arising or alleged to arise out of the furnishing by Company of any product or service under this Agreement, whether such Action is based In contract, tort, strict liability, civil liability or any other legal theory; (2) agrees that jurisdiction and venue for any such Action shall be proper and valid (a) if Customer is in the U.S., In any state or United States court located in the state in which Company Is performing this Agreement or (b) if Customer Is In Canada, in the superior court of the province or territory in which the work was performed; (3) expressly consents to such Action, and waives any objection to jurisdiction or venue; (4) waives any requirement of exhaustion of tribal court or administrative remedies for any Action arising out of or related to this Agreement; and (5) expressly acknowledges and agrees that Company is not subject to the jurisdiction of Customer's tribal court or any similar tribal forum, that Customer will not bring any action against Company in tribal court, and that Customer will not avail itself of any ruling or direction of the tribal court permitting or directing it to suspend its payment or other obligations under this Agreement. The individual signing on behalf of Customer warrants and represents that such individual is duly authorized to provide this waiver and enter into this Agreement and that this Agreement constitutes the valid and legally binding obligation of Customer, enforceable In accordance with its terms. 1-26.130-4 (0720) Supersedes 1-26.130-4 (0620) FLD = Furnished by Trane U. S. Inc. / installed by Equipment Proposal Page 5 of 5 Others Page 314 of 411 f.7uildil)y SrfVicet Fernando Lagomasino . District General Manager 2884 Corporate Way . Miramar FL 33025 . Tel 954 499 6900 • Fax 954 499 6901 Prepared For: Mr. Bob Ettswold A/C Maintenance Superintendent St Lucie County 3158 Will Fee Road Fort Pierce, FL 34982 Sob Name: Packaged Unit Replacement Project Project Location: Morningside Library 2410 SE Morningside Blvd Port St. Lucie, FL 34952 Revised: October 23, 2020 Pro=sal Number: 2942363 US Communities Number: 40-124761-20-001 Trane is pleased to offer this turnkey proposal to replace the existing package unit at the above referenced address. This proposal also includes all mechanical and electrical work required for below referenced scope of work, with a permit. • Field verification prior to commencement of any work. • During an agreed upon date the existing packaged unit will be disconnected and removed. • Install one (1) new (customer provided) Trane Intellipak packaged unit back into the existing location, • Replace the springs on the existing spring curb to support the weight of the new RTIJ. • Reconnect/modify exterior sheet metal ductwork to match existing. • Reconnect the existing electrical connections. • Reconnect the existing condensate drain lines. • Start the unit and check operation. • Refurbish existing unit stand to include sanding/ recoating and structural reinforcement with field applied cold -weld product • Job site cleanup. • The Customer will provide a_secure staging area at the job site for use by Trane to -receive and store materials. • If building permit is required to execute this project it will be procured by Trane. If permitted, this project will be submitted as a like -for- like replacement. Any modifications to existing conditions required by the building department will be submitted to the customer as a change order. • Trane will also require uninhibited access to the equipment and surrounding area for the entirety of the job during normal working hours as well as after hours. • Commencement date to start upon permit approval. • It is assumed that all equipment and parts to be reused are in good operating condition. If it is found that any of these parts or equipment is not usable, the customer will be responsible for the cost replacement via a change order to the base contract. Page 315 of 411 L�uilr>dnq ,°�'r,�r vie,rr:: • It is assumed that all equipment and parts referenced in this proposal or attached to this proposal will be approved by the engineer of record. If it is found that any of these parts or equipment is not usable, the customer will be responsible for the upgrade via a change order to the base contract. • Work performed by Trane or its subcontractors will comply with all applicable Federal, State and Local codes and standards. • This proposal is subject to acceptance of the attached Trane Standard Contract Terms and Conditions. Excgusions • Bond. • Permits fees will be charged to the customer via a change order if required. • Furnishing of the above mentioned equipment (to be customer supplied). • Coil coatings of any kind. • Life safety devices, Tie in to the existing fire alarm panel, or controls of any kind. • Painting, other than touchup of equipment. • Asbestos identification or abatement, • Architectural Screening if required will be in addition to the pricing listed below. • Upgrades or repairs to existing mechanical equipment, piping, or controls other than specified above. • Electrical upgrades including but not limited to wiring, circuit breakers, and/or disconnects other than mentioned above. • Structural or concrete work other than mentioned above, if required will be in addition to the pricing listed below. • Work incurred due to any existing code violations. • Any work not listed above. Additional • Engineered Drawings (mechanical, electrical, and tie down). • Structural review of the existing support base only. If it is found existing stand cannot be reused a change order for the required modifications will be provided. • Reconnect to the existing building control system (enable, fan status, and supply air temperature). • All crane and rigging, as required. • One year warranty on installation. • All applicable taxes and insurance. • Project Management, subcontractor and material coordination. Standard Pawiment Terms • Progress billing per month based on % project completion. Trane may Invoice the customer for all equipment or material furnished, whether delivered to the installation site or to an off -site storage facility and for all Work performed on -site or off -site. PILCM Your total price for the above mentioned scope of work is ............. ....... .............................. $6s,s9s.00. 2884 Corporate fty Miramar, FL 33025 1 Phone: 954 499-6900 Trane Turnkey Solution 02020 Trane All rights reserved I Paqe 2 of 6 Tirrnkpv Prniant Pmnncai Page 316 of 411 t�'tti![t'frrry S�+rvire_•s0 TRANE" Please see the attached Trane Terms and Conditions, as they form part of this proposal. This proposal is based on performing the work during normal weekday working hours between 8:00 AM and 5:00 PM excluding holidays. This proposal is valid for 30 days from the date list at the beginning of this proposal. If you have any questions concerning this proposal, please do not hesitate to contact me. If this proposal meets with your approval, please sign and return one copy of this letter as your authorization to proceed. We thank you for this opportunity to be of service. Respectfully, Brad, Rvzycki. Brad Ruzycki Account Manager, Trane Commercial Systems Jerry Shugart Account Manager, Trane Commercial Systems This agreement is subject to the attached Trane Terms and Conditions. Proposal Date: October 23, 2020 Submitted By: Brad Ruzycki Customer Approval Trane Authorized Representative Title Authorized Representative Title Acceptance Date Signature Date TERMS AND CONDITIONS — COMMERCIAL INSTALLATION "Company" shall mean Trane U.S. Inc,. 1. Acceptance; Agreement, These terms and conditions are an integral part of Company's offer and form the basis of any agreement (the "Agreement") resulting from Company's proposal (the "Proposal") for the commercial goods and/or services described (the "Work"). COMPANY'S TERMS AND CONDITIONS ARE SUBJECT TO PERIODIC CHANGE OR AMENDMENT, The Proposal is subject to acceptance In writing by the party to whom this offer Is made or an authorized agent ('Customer") delivered to Company within 30 days from the date of the Proposal, if Customer accepts the Proposal by placing an order, without the addition of any other terms and conditions of sale or any other modification, Customer's order shall be deemed acceptance of the Proposal subject to Company's terms and conditions, if Customer's order is expressly conditioned upon Company's acceptance or assent to terms and/or conditions other than those expressed herein, return of such order by Company with Company's terms and conditions attached or referenced serves as Company's notice of objection to Customer's terms and as Company's counter-offer to provide Work in accordance with the Proposal and the Company terms and conditions. If Customer does not reject or object In writing to Company within 10 days, Company's counter-offer will be deemed accepted. Cuslomers acceptance of the Work by Company will in any event constitute an acceptance by Customer of Company's terms and conditions. This Agreement is subject to credit approval by Company. Upon disapproval of credit, Company may delay or suspend performance or, at Its option, renegotiate prices and/or terms and conditions with Customer. If Company and Customer are unable to agree on such revisions, this Agreement shall be cancelled without any liability, other than Customers obligation to pay for Work rendered by Company 10 the date of cancellallen. 2. Pricing and Taxes. Unless otherwise noted, the price In the Proposal includes standard ground transportation and, if required by taw, all sales, consumer, use and similar taxes legally enacted as of the date hereof for equipment and material installed by Company. Tax exemption Is contingent upon Customer furnishing appropriate certificates evidencing Customers fax exempt status. Company shall charge Customer additional costs for bonds agreed to be provided, Equipment sold on an uninstalled basis and any taxable IaborAabour do not include sales tax and taxes will be added. Following acceptance without addition of any other terms and condition of sale or any other modification by Customer, the prices stated are firm provided that nollfica€Ion of release for immediate production and shipment Is received at the factory not later than 3 months from order receipt. If such release is received later than 3 months from order receipt date, prices will be Increased a straight 1 % (not compounded) for each one -month period (or pal thereof) beyond the 3 month firm price period up to the date of receipt of such release. If such release is not received within 6 months after dale of order receipt, the prices are subject to renegotiation, or at Company's option, the order will be cancelled. Any delay In shipment caused by Customer's actions will subject prices In increase equal to Me percentage increase In list prices during that period of delay and Company may charge Customer with Incurred storage fees. 3. Exclusions from Work. Company's obligation is limited to the Work as defined and does not Include any modifications to the Work site under the Americans With Disabilities Act or any other law or building code(s). In no event shall Company be required to perform work Company reasonably believes is outside of the defined Work without a written change order signed by Customer and Company. 4. Performance. Company shall perform the Work in accordance with industry standards generally applicable in the area under similar circumstances as of the time Company performs the Work Company may refuse to perform any Work where working conditions could endanger property or put at risk the safety of persons. Unless otherwise agreed 10 by Customer and 2884 Corporate Wa Miramar, FL 33025 Phone: 954 499-6900 Trane Turnkey Solution 02020 Trane All fights reserved Page 3 of 6 Turnke Project Proposal Page 317 of 411 liu!ld111g 6"ervla05 Company, at Customers expense and before the Work begins, Customer will provide any necessary access platforms, catwalks to safely perform the Work In compliance with OSHA or state industrial safety regulations. 5. Payment. Customer shall pay Company's invoices within net 30 days of invoice date. Company may Invoice Customer for all equipment or material furnished, whether delivered to the installation site or to an of! site storage facility and for all Work performed on -site or off -site, No retention shall be withheld from any payments except as expressly agreed in writing by Company, in which case retention shall be reduced per the contract documents and released no later than the dale of substantial completion. Under no circumstances shall any retention be withheld for the equipment portion of the order. If payment is not received as required, Company may suspend performance and the time for completion shall be extended for a reasonable period of time not less than the pertod of suspension. Customer shall be liable to Company for all reasonable shutdown, standby and start-up costs as a result of the suspension. Company reserves the right to add to any account outstanding for more than 30 days a service charge equal to 1.5% of the principal amount due at the end of each month. Customer shall pay all costs (Including attorneys' fees) Incurred by Company in attempting to collect amounts due and otherwise enforcing these terms and conditions. If requested, Company will provide appropriate lien waivers upon receipt of payment. Customer agrees that, unless Customer makes payment In advance, Company will have a purchase money security Interest in all equipment from Company to secure payment in full of all amounts due Company and Its order for the equipment, together with these terms and conditions, form a security agreement, Customer shall keep the equipment free of all taxes and encumbrances, shall not remove the equipment from its original installation point and shall not assign or transfer any interest In the equipment until all payments due Company have been made. 6. Time for Completion. Except to the extent otherwise expressly agreed in writing signed by an authorized representative of Company, all dates provided by Company or Its representatives for commencement, progress or completion are estimates only. While Company shall use commercially reasonable efforts to meet such estimated dates, Company shall not be responsible for any damages for Its failure to do so. 7. Access. Company and its subcontractors shall be provided access to the Work site during regular business hours, or such other hours as may be requested by Company and acceptable to the Work site' owner or tenant for the performance of the Work, including sufficient areas for staging, mobilization, and storage. Company's access to correct any emergency condition shall not be restricted. Customer grants to Company the right to remotely connect (via phone modem, internet or other agreed upon means) to Customer's building automation system (BAS) and or HVAC equipment to view, extract, or otherwise collect and retain data from the BAS, HVAC equipment, or other building systems, and to diagnose and remotely make repairs at Customer's request. &. Completion. Notwithstanding any other term or condition herein, when Company Informs Customer that the Work has been completed, Customer shall inspect the Work In the presence of Company's representative, and Customer shall either (a) accept the Work In its entirety In writing, or (b) accept the Work in part and specifically identify, in writing, any exception items. Customer agrees to re -inspect any and all excepted Items as soon as Company informs Customer that all such excepted Items have been completed. The initial acceptance inspection shall take place within ten (10) days from the date when Company informs Customer that the Work has been completed. Any subsequent re -inspection of excepted items shall lake place within five (5) days from the date when Company informs Customer that the excepted Rems have been completed. Customer's failure to cooperate and complete any of said Inspections within the required time limits shall constitute complete acceptance of the Work as of ten (10) days from dale when Company informs Customer that the Work, or the excepted items, if applicable, hasthave been completed. 9. Permits and Governmental Fees. Company shall secure (with Customers assistance) and pay for building and other permits and governmental fees, licenses, and inspections necessary for proper performance and completion of the Work which are legally required when bids from Company's subcontractors are received, negotiations thereon concluded, or the effective date of a relevant Change Order, whichever is later. Customer is responsible for necessary approvals, easements, assessments and charges for construction, use or occupancy of permanent structures or for permanent changes to existing facilities. If the cost of such permits, fees, licenses and inspections are not Included In the Proposal, Company will Invoice Customer for such costs. 10. Utilities During Construction. Customer shall provide without charge to Company all water, heat, and utilities required for performance of the Work, 11. Concealed or Unknown Conditions, In the performance of the Work, if Company encounters conditions at the Work site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated on drawings expressly Incorporated herein or (11) unknown physical conditions of an unusual nature that differ materially from those conditions ordinadly found to exist and generally recognized as inherent in construction activities of the type and character as the Work, Company shall notify Customer of such conditions promptly, prior to significantly disturbing same. If such conditions differ materially and cause an increase in Company's cost of, or time required for, performance of any part of(he Work, Company shall be entitled to, and Customer shall consent by Change Order to, an equitable adjustment in the Contract Price, contract time, or both. 12. Pre -Existing Conditions. Company is not liable for any claims, damages, losses, or expenses, arising from or related to conditions that existed In, on, or upon the Work site before the Commencement Dale of this Agreement ("Pre -Existing Conditions"), Including, without limitation, damages, losses, or expenses involving Pre -Existing Conditions of building envelope issues, mechanical issues, plumbing Issues, and/or indoor air quality Issues Involving moldrmould and/or fungi. Company also is not liable for any claims, damages, tosses, or expenses, arising from or related to work done by or services provided by individuals or entitles that are not employed by or hired by Company, 13. Asbestos and Hazardous Materials, Company's Work and other services in connection with this Agreement expressly excludes any Identification, abatement, cleanup, control, disposal, removal or other work connected with asbestos, polychlorinated biphenyl ("PCB"), or other hazardous materials (hereinafter, collectively, "Hazardous Malerals"). Customer warrants and represents that, except as set forth In a writing signed by Company, there are no Hazardous Materials on the Work site that will In any way affect Company's Work and Customer has disclosed to Company the existence and location of any Hazardous Materials In all areas within which Company will be performing the Work. Should Company become aware of or suspect the presence of Hazardous Materials, Company may Immediately stop work in the affected area and shall notify Customer. Customer will be exclusively responsible for taking any and all action necessary to correct the condition in accordance with all applicable laws and regulations. Customer shelf be exclusively responsible for and, to the fullest extent permitted by law, shall indemnify and hold harmless Company (Including Its employees, agents and subcontractors) from and against any loss, claim, liability, fees, penalties, injury (Including death) or liability of any nature, and the payment thereof arising out of or relaying to any Hazardous Materials on or about the Work site, not brought onto the Work site by Company. Company shall be required to resume performance of the Work in the affected area only in the absence of Hazardous Materials or when the affected area has been rendered harmless. In no event shall Company be obligated to transport or handle Hazardous Materials, provide any notices to any governmental agency, or examine the Work site for the presence of Hazardous Materials. 14. Force Majeure, Company's duty to perform under this Agreement Is contingent upon the non-occurrence of an Event of Force Majeure, If Company shall be unable to carry out any material obligation under this Agreement due to an Event of Force Majeure, this Agreement shall at Company's election (i) remain in effect but Company's obligations shall be suspended until the uncontrollable event terminates or (11) be terminated upon 10 days notice to Customer, In which event Customer shall pay Company for all parts of the Work furnished to the date of termination. An "Event of Force Majeure" shall mean any cause or event beyond the control of Company. Without limiting the foregoing, "Event of Force Majeure" Includes: acts of God; acts of terrorism, war or the public enemy; Rood; earthquake; tornado; storm; fire; civil disobedience; pandemic insurrections; riots; Iaborflabour disputes; €aborAabour or material shortages; sabotage; restraint by court order or public authority (whether valid or invalid), and action or non -action by or inability to obtain or keep in force the necessary governmental authorizations, permits, licenses, certificates or approvals if not caused by Company; and the requirements of any applicable government 1n any manner that diverts either the material or the finished product to the direct or indirect benefit of the governmenl- 15. Customer's Breach. Each of the following events or conditions shall constitute a breach by Customer and shall give Company the right, without an election of remedies, to terminate this Agreement or suspend performance by delivery of written notice: (1) Any failure by Customer to pay amounts when due; or (2) any general assignment by Customer for the benefit of its creditors, or if Customer becomes bankrupt or Insolvent or takes the benefit of any statute for bankrupt or insolvent debtors, or makes or proposes to make any proposal or arrangement with creditors, or If any steps are taken for the winding up or other termination of Customer or the liquidation of its assets, or if a trustee, receiver, or similar person is appointed over any of the assets or Interests of Customer; (3) Any representation or warranty furnished by Customer in this Agreement Is false or misleading in any material respect when made; or (4) Any failure by Customer to perform or comply with any material provision of this Agreement. Customer shalt be liable to Company for all Work furnished to dale and all damages sustained by Company (Including lost profit and overhead). 16. Indemnity. To the fullest extent permitted by law, Company and Customer shall indemnify, defend and hold harmless each other from any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attomeys' fees, resulting from death or bodily Injury or damage to real or tangible personal property, to the extent caused by the negligence or misconduct of their respective employees or other authorized agents In connection with their activities within the scope of this Agreement. Neither party shall Indemnify the other against claims, damages, expenses or liabilities to the extent attributable to the acts or omissions of the other party. If the parties are both at fault, the obligation 10 Indemnify shall be proportional to their relative fault. The duty to indemnify will continue In full force and effect, notwithstanding the expiration or early termination hereof, with respect 10 any claims based on facts or conditions that occurred prior to expiration or termination, 2884 Corporate Way Miramar, FL 33025 Phone: 954 499-6900 Trane Turnkey Solution 02020 Trane Ail R hts reserved Page 4 of 6 Turnke y Pra'ect Proposal Page 318 of 411 fiuidcydng Sr�rrrdc,;�.v 17. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT CONSEQUENTIAL, OR PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION BUSINESS INTERRUPTION, LOST DATA, LOST REVENUE, LOST PROFITS, LOST DOLLAR SAVINGS, OR LOST ENERGY USE SAVINGS, EVEN IF A PARTY HAS BEEN ADVISED OF SUCH POSSIBLE DAMAGES OR IF SAME WERE REASONABLY FORESEEABLE AND REGARDLESS OF WHETHER THE CAUSE OF ACTION IS FRAMED IN CONTRACT, NEGLIGENCE, ANY OTHER TORT, WARRANTY, STRICT LIABILITY, OR PRODUCT LIABILITY). In no event will Company's liability In connection with the provision of products or services or otherwise under this Agreement exceed the entire amount paid to Company by Customer under this Agreement. 18, Patent Indemnity. Company shall protect and indemnify Customer from and against all claims, damages, judgments and loss arising from Infringement or alleged infringement of any United States patent by any of the goods manufactured by Company and delivered hereunder, provided that in the event of suit or threat of suit for patent Infringement, Company shall promptly be notified and given full opportunity to negotiate a settlement. Company does not warrant against Infringement by reason of Customer's design of the articles or the use thereof In combination with other materials or In the operation of any process. In the event of litigation, Customer agrees to reasonably cooperate with Company. in connection with any proceeding under the provisions of this Section, all parties concerned shall be entitled to be represented by counsel at their own expense. % Limited Warranty. Company warrants for a period of 12 months from the date of substantial completion ("Warranty Period") commercial equipment manufactured and installed by Company against failure due to defects in material and manufacture and that the labor/labour furnished Is warranted to have been properly performed (the "Limited Warranty"), Trane equipment sold on an uninstalled basis Is warranted In accordance with Company's standard warranty for supplied equipment. Product manufactured by Company that Includes required startup and Is sold In North America will not be warranted by Company unless Company performs the product start-up. Substantial completion shall be the eariier of the date that the Work Is sufficiently complete so that the Work can be utilized for its intended use or the date that Customer receives beneficial use of the Work. If such defect's discovered within the Warranty Period, Company will correct the defect or furnish replacement equipment (or, at Its option, parts therefor) and, if said equipment was installed pursuant hereto, laborllabour associated with the replacement of parts or equipment not conforming to this Limited Warranty. Defects must be reported to Company within the Warranty Period. Exclusions from this Limited Warranty Include damage or failure arising from: wear and tear; corrosion, erosion, deterioration; Customer's failure to follow the Company -provided maintenance plan; refrigerant not supplied by Trane; and modifications made by others to Company's equipment. Company shall not be obligated to pay for the cost of lost refrigerant. Notwithstanding the foregoing, all warranties provided herein terminate upon termination or cancellation of this Agreement. No warranty liability whatsoever shall attach to Company until (he Work has been paid for in full and then said llablllly shall be limited to the lesser of Company's cost to correct the defective Work and/or the purchase price of the equipment shown to be defective, Equipment, material and/or parts that are not manufactured by Company are not warranted by Company and have such warranties as may be extended by the respective manufacturer. THE WARRANTY AND LIABILITY SET FORTH IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, WHETHER IN CONTRACT OR IN NEGLIGENCE, EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ANDrOR OTHERS ARISING FROM COURSE OF DEALING OR TRADE. COMPANY MAKES NO REPRESENTATION OR WARRANTY EXPRESS OR IMPLIED REGARDING PREVENTION BY THE WORK, OR ANY COMPONENT THEREOF, OF MOLDIMOULD, FUNGUS, BACTERIA, MICROBIAL GROWTH, OR ANY OTHER CONTAMINATES, COMPANY SPECIFICALLY DISCLAIMS ANY LIABILITY IF THE WORK OR ANY COMPONENT THEREOF IS USED TO PREVENT OR INHIBIT THE GROWTH OF SUCH MATERIALS. 20. Insurance. Company agrees to maintain the following insurance while the Work is being performed with limits not less than shown below and will, upon request from Customer, provide a Certificate of evidencing the following coverage; Commercial General Liability $2,000,000 per occurrence Automobile Liability $2,000,000 CSL Workers Compensation Statutory Limits If Customer has requested to be named as an additional insured under Company's insurance policy, Company will do so but only subject to Company's manuscript additional insured endorsement under its primary Commercial General Liability policies, In no event does Company waive its right of subrogalion. 21. Commencement of Statutory Limitation Period. Except as to warranty claims, as may be applicable, any applicable statutes of limitation for acts or failures to act shall commence 10 run, and any alleged cause of action stemming therefrom shall be deemed to have accrued, in any and all events not later than the last date that Company or its subcontractors physically, performed work on the p€oject site, 22. General. Except as provided below, to the maximum extent provided by law, this Agreement is made and shall be Interpreted and enforced In accordance with the laws of the state or province in which the Worst Is performed, w€thoul regard to choice of law principles which might otherwise call for the application of a different slate's or province's law. Any dispute arising under or relating to this Agreement that Is not disposed of by agreement shall be decided by litigation In a court of competent jurisdiction located in the state or province In which the Work is performed. Any action or suit arising out of or related to this Agreement must be commenced within one year after the cause of action has accrued. To the extent the Work site is owned and/or operated by any agency of the Federal Government, determination of any substantive Issue of law shall be according to the Federal common law of Government contracts as enunciated and applied by Federal judicial bodies and boards of contract appeals of the Federal Government. This Agreement contains at of the agreements, representations and understandings of the parties and supersedes all previous understandings, commitments or agreements, oral or written, related to the subject matter hereof. This Agreement may not be amended, modified or terminated except by a writing signed by the parties hereto. No documents shall be incorporated herein by reference except to the extent Company Is a signatory thereon. if any leml or condition of this Agreement is invalid, illegal or incapable of being enforced by any rule of law, all other terms and conditions of this Agreement will nevertheless remain In full force and effect as long as the economic or legal substance of the transaction contemplated hereby is not affected In a manner adverse to any party hereto. Customer may not assign, transfer, or convey this Agreement, or any part hereof, or its right, title or Interest herein, without the written consent of the Company. Subject 10 the foregoing, this Agreement shall be binding upon and inure to the benefit of Customer's permitted successors and assigns. This Agreement may be executed in several counterparts, each of which when executed shall be deemed to be an original, but all together shall constitute but one and the same Agreement. A fully executed facsimile copy hereof or the several counterparts shall suffice as an original. 23. Equal Employment OpportunitylAffirmat€ve Action Clause. Company is a federal contractor that complies fully with Executive Order 11246. as amended, and the applicable regulations contained in 41 C.F.R. Parts 60-1 through 60-60, 29 U.S.C. Section 793 and the applicable regulations contained In 41 G.F.R. Part 60-741; and 38 U.S.C. Section 4212 and the applicable regulations contained in 41 C.F.R. Part 60.250 Executive Order 13496 and Section 29 CFR 471, appendix A to subpart A, regarding the notice of employee rights In the United States and with Canadian Charter of Rights and Freedoms Schedule B to the Canada Act 1982 (U.K.) 1982, c. 11 and applicable Provincial Human Rights Codes and employment law in Canada. 24. U.S. Government Worts. The following provision applies only to direct sales by Company to the US Government. The Parties acknowledge that all items or services ordered and delivered under this Agreement are Commercial Items as defined under Part 12 of the Federal Acqulsilion Regulation (FAR). In particular, Company agrees to be bound only by those Federal contracting clauses that apply to 'commercial" suppliers and that are contained In FAR 52.212-5(e)(1). Company complies with 52.219-8 or 52.219-9In its service and installation contracting business. The following provision applies only to indirect sales by Company to the US Government. As a Commercial Item Subcontractor, Company accepts only the following mandatory flow down provisions in effect as of the dale of this subcontract: 52,203-19; 52,204-21; 52.204-23; 62.219-8; 52.222-21: 52.222-26; 52.222-35; 52.222-36: 52.222-50; 52.225-26; 52.247-64. If the Worts is in connection with a U.S. Government contract, Customer certifies that it has provided and will provide current, accurate, and complete Information, representations and certifications to all government officials, including but not limited to the contracting officer and officials of the Small Business Administration, on all matters related to the prime contract, including but not limited to all aspects of Its ownership, eligibility, and performance. Anything herein notwithstanding, Company will have no obligations to Customer unless and until Customer provides Company with a true, correct and complete executed copy of the prime contract. Upon request, Customer will provide copies 10 Company of all requested written communications with any government official related to the prime contract prior to or concurrent with the execution thereof, including but not limited to any communications related to Customers ownership, eligibility or performance of the prime contract. Customer will obtain written authorization and approval from Company prior to providing any government officlal any Information about Company's performance of the work that is the subject of the Proposal or this Agreement, other than the Proposal or this Agreement. 25, Limited Waiver of Sovereign Immunity. if Customer is an Indian tribe (In the U.S.) or a First Nation or Band Council (in Canada), Customer, whether acting in Its capacity as a government, governmental entity, a duty organized corporate entity or otherwise, for itself and for its agents, successors, and assigns: (1) hereby provides this limited waiver of its sovereign immunity as to any damages, claims, lawsuit, or cause of action (herein "Action") brought against Customer by Company and arising or alleged to arise out of the furnishing by Company of any product or service under this Agreement, whether such Action is based In contract, tort, strict liability, civil liability or any other legal theory; (2) agrees that jurisdiction and venue for any 2884 Corporate Way Miramar, FL 33025 Phone: 954 499-6900 Trane Turnkey Solution ©2020 Trane All tights reserved Page 5 of 6 Turnkey Project Pro osai Page 319 of 411 C #Wiling Nervire•v such Action shall be proper and valid (a) if Customer is In the U.S., in any stale or United States court located in the stale in which Company is performing this Agreement or (b) If Customer Is In Canada, in the superior court of the province or territory in which the work was performed; (3) expressly consents to such Action, and waives any objection to jurisdiction or venue; (4) waives any requirement of exhaustion of tribal court or administrative remedies for any Action arising out of or related to this Agreement; and (5) expressly acknowledges and agrees that Company Is not subject to the jurisdiction of Customer's tribal court or any similar tribal forum, that Cus€omar will not bring any action against Company in tribal court, and that Customer will not avail itself of any ruling or direction of the tribal court permitting or directing it to suspend Its payment or other obligations under this Agreement. The individual signing on behalf or Customer warrants and represents that such Individual is duly authorized to provide this waiver and enter Into this Agreement and that this Agreement constitutes the valid and legally binding obligation of Customer, enforceable In accordance with Its terms. 26. COVID-19 National Emergency Clause. The parties agree that (hey are entering into this Agreement while the nation Is In the midst of a national emergency due to the Covid-19 pandemic ("Covid-19 Pandemlc"). With the continued existence of Covid-19 pandemic and the evolving guidelines and executive orders, it is difficult to determine the impact of Covid-19 Pandemic on Trane's performance under this Agreement. Consequently, the parties agree as follows: 1. Each party shall use commercially reasonable efforts to perform its obligations under the Agreement and to meet the schedule and completion dates, subject to provisions below; 2. Each party will abide by any federal, state or local orders, directives, or advisories regarding the Covid-19 Pandemic with respect to its performance of Its obligation under this Agreement and each shall have the sole discretion In determining the appropriate and responsible actions such party shall undertake to so abide or to safeguard its employees, subcontractors, agents and suppliers; 3. Each party shall use commercially reasonable efforts to keep the other party informed of pertinent updates or developments regarding its obligations as the Covid-19 Pandemic situation evolves: and 4. If Trane's performance is delayed or suspended as a result of the Covid-19 Pandemic, Trane shall be entitled to an equitable adjustment to the project schedule and,for the contract price, 27. COVID-19 LIMITATION ON LIABILITY The transmission of COVID-19 may occur in a variety of ways and circumstances, many of the aspects of which are currently not known. HVAC systems, products, services and other offerings have not been tested for their effectiveness In reducing the spread of COVID-19, Including through the air Inclosed environments. IN NO EVENT WILL TRANE BE LIABLE UNDER THIS AGREEMENT OR OTHERWISE FOR ANY ACTION OR CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE, FOR ANY BODILY INJURY (INCLUDING DEATH) OR ANY OTHER LIABILITIES, DAMAGES OR COSTS RELATED TO COVID-19 (INCLUCING THE SPREAD, TRANSMISSION OR CONTAMINATION THEREOF) (COLLECTIVELY, "COVID-19 LIABILITIES") AND CUSTOMER HEREBY EXPRESSLY RELEASES TRANE FROM ANY SUCH COVID-19 LIABILITIES. NO REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, Is MADE REGARDING PREVENTING, ELIMINATING, REDUCING OR INHIBITING ANY MOLD, FUNGUS, BACTERIA, VIRUS, MICROBIAL GROWTH, OR ANY OTHER CONTAMINANTS (INCLUDING COVID-19 OR ANY SIMILAR VIRUS) (COLLECTIVELY, "CONTAMINANTS"), WHETHER INVOLVING OR IN CONNECTION WITH EQUIPMENT, ANY COMPONENT THEREOF, SERVICES OR OTHERWISE. IN NO EVENT SHALL TRANE HAVE ANY LIABILITY FOR THE PREVENTION, ELIMINATION, REDUCTION OR INHIBITION OF THE GROWTH OR SPREAD OF SUCH CONTAMINANTS INVOLVING OR IN CONNECTION WITH ANY EQUIPMENT, ANY COMPONENT THEREOF, SERVICES OR OTHERWISE AND CUSTOMER HEREBY SPECIFICALLY ACKNOWLDGES AND AGREES THERETO. 1-26.251-10(1019) Supersedes 1-26.251-10(0315) 2884 Co orate Oy Miramar, FL 33025 Phone: 954 499-6900 Trane Turnkey Solution 02020 Trane All rf hts reserved I Page 6 of 6 fu—rnkey Project Proposal Page 320 of 411 r Luc a- AGENDA REQUEST 0 TO: Board of County Commissioners PRESENTED BY: Ron Parrish, Public Safety Director SUBMITTED BY: Public Safety 8.G.1. RES-2020-256 CONSENT AGENDA -PUBLIC SAFETY DATE: 12/1/2020 *RESOLUTION ITEM - BOARD APPROVAL QUASI-JUDICIAL ITEM? NO SUBJECT: 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 BACKGROUND: The St. Lucie Fire District has completed an application for the annual Emergency Medical Services (EMS) grant from the Florida Department of Health. The District anticipates receiving up to $44,107.00 as per Section 4 of the application. By acceptance of the grant, the Board of County Commissioners is certifying the monies from the EMS grant will improve and expand the County's pre -hospital EMS system, and the grant monies will not be used to supplant existing Fire District EMS budget allocations. PREVIOUS ACTION: N/A FINANCIAL IMPACT: With this pass -through grant, there is no financial impact to St. Lucie County. Adequate funding for this yearly grant has already been budgeted and is available for the Fire District (#104-2610-581060-2950 & 104-2610- 334290-2950 Grants and Donations Fund - Ambulance and Rescue Service - Emergency Medical Service- HRS- Fire District). RECOMMENDATION: Staff recommends 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. COMMISSION ACTION: Page 321 of 411 RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures !`td Ron Parrish, Public Safety Director N ��l Daniel McIntyre, County Attorney Alphonso Jefferson, Deputy County Administrator Date: November 09, 2020 Date: November 10, 2020 Date: November 16, 2020 Page 322 of 411 2020-2021 Florida Department of Health County EMS Grant Explanation of Proposed Expenditures Project: Power -LOAD Powered Cot Fastener Vendor: Stryker Cost:—$46,742 Need: Stryker's Power -LOAD system is a revolutionary patient loading system that protects both patients and EMS personnel. This system allows patients to be loaded and secured in rescue trucks without assistance from crew members. Crew members no longer have to lift stretchers, which requires significant effort and causes numerous back injuries. The system also eliminates the need to steer the stretchers into and out of the rescue truck, which can cause tremendous strain on the upper back. This becomes especially difficult if the rescue truck is not on a level surface. Lastly, the system will eliminate the possibility of patient drops while loading and unloading patients into and out of rescue trucks. The systems will cost approximately $42,142. The installation of the stems will incur another—$4,600. SLCFD will provide the additional funds to complete the project. Page 323 of 411 Instructions: County Government Application Form 2020-2021 The first application form page has five numbered items. The first three are self-explanatory. However, note that Item 2 on the first application page is where the county's authorized person must provide his/her sianature and date. Item 4 describes the content of the "resolution." Please provide this in your county's customary format and approval process. The resolution must be current; or if a previous resolution has continuing authority, include a message from a lead county official stating that the resolution is still in -effect, with a copy of it. Item 5 of the first page of the application form asks for the name of the organization(s) to which you decide to allocate funds from your new county grant. The second page of the application form is the budget page, and one of these budget pages is needed for each organization listed in item 5, The budget page for each organization must have on it specific and quantifiable items or services, with the cost for each unit or type of item or service. However, all costs in your budget combined, must total to the exact amount of total new funds for your grant. You can request budget changes and to add to the new budget unexpended previous funds after the new grant begins. Your budget totals in the application should be added for you if you place your cursor over a subtotal or total field, right click your mouse, then left click "Update Field" on the resulting menu. You should copy this form on your computer to use it. If you place the application in restricted editing mode, you can use your keyboard Tab key to go from field to field. Request for Grant Fund Distribution Form Request for Grant Fund Distribution Form: this is the last page herein and you must complete the top part of the form. State EMS will complete the bottom part, as indicated on the form. Your address on this form must be an address in the state MyFloridaMarketplace (MFMP) system. A mailing address you place on this form is not usable by state finance if it is not in the MFMP system. Ask a staff member of your organization who does cash transactions with the state for the organization name to use on the top half of the Distribution Form, the corresponding address and its 9-digit federal tax ID plus its 3-digit sequence code. Otherwise, no funds can be sent to you until this situation is resolved. If needed, you can contact MFMP customer service at 1-866-352-3776 Monday to Friday, 8 a.m. to 6 p.m., or at the website: MyFloridaMarketPlace(cDdms.myflorida.com Page 324 of 411 EMS COUNTY GRANT APPLICATION on a HEALTH FLORIDA DEPARTMENT OF HEALTH Emergency Medical Services Program Complete all items ID. Code The State EMS Program will assign the ID Code — leave this blank 1. Count Name: St. Lucie Count Business Address: 2300 Virginia Avenue Ft. Pierce, FL 34982 Telephone: 772-462-1400 Federal Tax ID Number Nine Digit Number): VF 596000835 2. Certification: (The applicant signatory who has authority to sign contracts, grants, and other legal documents for the county) I certify that all information and data in this EMS county grant application and its attachments are true and correct. My signature acknowledges and assures that the county shall comply fully with the conditions outlined in the Florida EMS County Grant Application. Signature: Date: Printed Name: Position Title: Chair 3. Contact Person: (The individual with direct knowledge of the project on a day-to-day basis and has responsibility for the implementation of the grant activities. This person is authorized to sign project reports and may request project changes. The signer and the contact person may be the same.) Name: Mark Cristaldi Position Title: Division Chief Address: 5160 NW Milner Drive Port St. Lucie, FL 34986 Telephone: 772-812-0301 Fax Number: 772-621-3587 E-mail Address: mcristaidi@slcfd.org 4. Resolution: Attach a resolution from the Board of County Commissioners certifying the grant funds will improve and expand the county pre -hospital EMS system and will not be used to supplant current levels of county expenditures. We cannot process for funds without this resolution. 5. Organization List: Complete a budget page(s) for each organization, which at your option you will provide funds. List the organization(s) below. (Use additional pages if necessary) St. Lucie County Fire District DH 1684, December 2008 (Rev. July 2018) 64J-1.015, F.A.C. Page 325 of 411 BUDGET PAGE A. Salaries and Benefits: For each position title, provide the amount of salary per hour, FICA per hour, other fringe benefits, and the total number of hours. Amount N/A TOTAL Salaries = $ 0.00 TOTAL FICA & Other Benefits = Total Salaries & Benefits = $ 0.00 B. Expenses: These are travel costs and the usual, ordinary, and incidental expenditures by an agency, such as, commodities and supplies of a consumable nature excluding expenditures classified as operating capital outlay (see next category). List the item and, if applicable, the quantity N/A Amount Total Expenses = 1 $ 0.00 1 C. Vehicles, equipment, and other operating capital outlay means equipment, fixtures, and other tangible personal property of a non -consumable and non -expendable nature with a normal expected life of one 1 year or more. List the item and. if applicable. the auantitv Power -LOAD Systems (2) with installation 1 $44,107 1 DH 1684, December 2008 Total Vehicles & Equipment = I $ 44,107.00 1 2 Grand Total = $ 44,107.00 Page 326 of 411 FLORIDA DEPARTMENT OF HEALTH EMERGENCY MEDICAL SERVICES (EMS) GRANT UNIT REQUEST FOR GRANT FUND DISTRIBUTION In accordance with the provisions of section 401.113(2) (a), Florida Statutes, the undersigned hereby requests an EMS grant fund distribution for the improvement and expansion of pre -hospital EMS. DOH Remit Payment To: The county name, address, and corresponding federal ID number must be in the state MyFloridaMarketPlace (MFMP) system. A finance person in your organization who does business with the state must provide these. Name of County: St. Lucie County Board of County Commissioners Mailing Address: 2300 Virginia Ave Ft. Pierce, FL 34982 Federal 9-digit Identification number: 596000835 Authorized County Official: Signature Type or Print Name and Title Sign and return this page with your application to: Florida Department of Health Emergency Medical Services Unit, Grants 4052 Bald Cypress Way, Bin A-22 Tallahassee, Florida 32399-1722 Date it seq. code Do not write below this line. For use by State Emerciencv Medical Services Section Grant Amount for State to Pay: S _Approved By: Approved By: Signature of State EMS Unit Supervisor Signature of Contract Manager State Fiscal Year: 2020 - 2021 Grant ID: Code: Date Date Organization Code E.O. OCA Object Code Category 64-61-70-30-000 05 S17005 751000 059998 Federal Tax ID: VF _ _ _ _ _ _ _ _ _ Seq. Code: Grant Beginning Date: Grant Ending Date: DH 1767P, December 2008 (rev. June 8, 2018), incorporated by reference in F.A.C. 64J-1.015. 3 Page 327 of 411 RESOLUTION NO. 20-256 A RESOLUTION APPROVING THE STATE OF FLORIDA, DEPARTMENT OF HEALTH, BUREAU OF EMERGENCY MEDICAL SERVICES, FY20/21 EMERGENCY MEDICAL SERVICES COUNTY GRANT APPLICATION AND AUTHORIZING THE CHAIR TO EXECUTE AND SUBMIT THE APPLICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Pursuant to Section 401.345, Florida Statutes, the State of Florida has established an Emergency Medical Services Trust Fund consisting in part of a portion of each fine for every municipal and county moving violation and driving under the influence conviction. 2. Under Section 401.113, Florida Statutes, a portion of the funds deposited into the Emergency Medical Services Trust Fund by St. Lucie County from July 1, 2020 through and including June 30, 2021, and remaining funds from the 2020-2021 award, plus any interest earned will be used to fund pre -hospital emergency medical services in St. Lucie County. 3. The Board of County Commissioners may disburse funds dispensed to the County under Section 401.113, Florida Statutes, to the St. Lucie County Fire District as a licensed emergency service provider operating in St. Lucie County. 4. The St. Lucie County Fire District has certified that the request is for an improvement or expansion of its pre -hospital emergency medical services. 5. Prior to any disbursements of funds from the Emergency Medical Trust Fund, the St. Lucie County Fire District will extend the Interlocal Agreement with St. Lucie County to ensure that the request will be funded and permitting the County to audit the use of funds disbursed under the grant. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The attached Application for Funding County Emergency Medical Services (EMS) Award is incorporated herein and made a part thereof. 2. The Board of County Commissioners certifies that the attached application is for an improvement or expansion of the pre -hospital emergency medical services system in St. Lucie County and that the funds requested will not be used to supplant the existing County emergency medical services budget allocation. Page 328 of 411 3. The St. Lucie County Fire District Fire Administrative Officer is hereby designated the "Authorized Contact Person" pursuant to the requirements of the Application. 4. The Chair of the Board of County Commissioners is authorized to submit the application and a copy of this resolution to the Department of Health, Bureau of Office of Emergency Medical Services. After motion and second, the vote on this Resolution was as follows: Commissioner, Chair Cathy Townsend XXX Commissioner, Vice Chair Chris Dzadovsky XXX Commissioner Sean Mitchell XXX Commissioner Linda Bartz XXX Commissioner Frannie Hutchinson XXX PASSED AND DULY ADOPTED this ATTEST: day of November 2020. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Page 329 of 411 1�r E ___ AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: George Landry, Interim Director of Public Utilities SUBMITTED BY: Public Utilities 8.H.1. 2020-50343 CONSENTAGENDA - PUBLIC UTILITIES DATE: 12/1/2020 *ACTION ITEM - CAPITAL EQUIPMENT PURCHASE SUBJECT: Capital Equipment Purchase - Komptech Terminator Waste Shredder - AGENDA REQUEST ADDED BACKGROUND: St. Lucie County Solid Waste (SLCSW) requests to purchase a waste shredder via Sourcewell Contract # 050119-KMP. This would allow SLCSW to mulch yard waste in-house. SLCSW expended $671,561.72 in FY 19-20 for an outside vendor to mulch yard waste. A waste -shredder would eliminate the need for an outside vendor. A waste shredder would also allow SLCSW to shred garbage. Based on a four -month period of demonstrations, this would result in smaller, denser bales and increase garbage bale weights by an average of 1,000 pounds. This translates to 3 bales of shredded garbage for every 4 bales of un-shredded garbage. This is an airspace savings, increasing the life of the SLC Landfill. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Funds will be made available in the Sanitary Landfill Fund account string 401-3410-564000-340000 (Capital Equipment), with sufficient funds transferred from Fund 401 Reserves. Older heavy equipment is being sold at auction in the near future, and will replenish fund reserves. RECOMMENDATION: Staff recommends 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. COMMISSION ACTION: RESULT: MOVER: None Page 330 of 411 SECONDER: None AYES: None NAYS: None None EXCUSED: Coordination/Signatures Date: October 26, 2020 Katrina Slay, Agenda Coordinator i Date: October 27, 2020 George Landry, Interim Director of Public Utilities Z�� Date: October 27, 2020 Jennifer Hill, Office of Management & Budget Director Date: October 30, 2020 Daniel McIntyre, County Attorney Date: November 03, 2020 Mark Satterlee, Deputy County Administrator Page 331 of 411 SALES CONTRACT QUOTE P.O. No. POWERSCREEN of FLORIDA PO BOX 5802 LAKELAND, FL 33807 863-687-7153 1-866-240-7412 FAX W W W.POW ERSCREENFLA.COM PURCHASER ST. LUCIE COUNTY Telephone No. 772-708-3001 Email: olsonr -stlucieco.org MAILING ADDRESS 6120 GLADES CUTOFF ROAD, FORT PIERCE, FL 34981 SHIP TO ADDRESS SAME AS ABOVE CONTACT NAME REBECCA OLSON PRICES ARE FOB FORT PIERCE HOW SHIP POWERSCREEN TRUCK APPROXIMATE DELIVER DATE 1-2 WEEKS Quantity Description Original Price Sourcewell Price ONE NEW KOMPTECH TERMINATOR 6000 TRACK SHREDDER $861,000 $757,680.00 ONE OPTIONAL CROSSBAND MAGNET BELT $50,000 $44,000.00 WARRANTY: 1 YEAR / 2000 HOURS (EXTENDED WARRANTY AVAILABLE FOR 3% OF PURCHASE PRICE UP TO 3 YEARS/3000 HOURS; EXCLUDING CAT POWER UNIT) SOURCEWELL CONTRACT.# 050119-KMP Contract Price $801,680.00 Less Deposit Amount Due $801,680.00 All used equipment is sold on an "AS IS" basis, unless otherwise specified above. Terms and Conditions of Sale Purchase Price $801,680.00 Sales Tax Shipping Cost EXEMPT INCL. Total Contract Price $801,680.00 1. Unless specifically stated in writing, every offer or quotation by Seller shall be deemed to have been withdrawn after the expiration of 30 days following the date upon which it was made. 2. Acceptance of any order from Buyer is at all times subject to Seller's satisfying itself as to the Buyer's credit and ability to make payment. This Contract shall not be binding upon Seller until countersigned by an authorized officer or director of the Seller. 3. Seller will make every effort to deliver the equipment and perform its obligations hereunder by the date specified by the face side hereof. However, it will not be liable for any loss, damage or injury of any nature arising from delay in performance or delivery, it being specifically understood that times or dates specified herein for deliver or performance are business estimates only and not contractual obligations of the Seller. THIS CONTRACT consisting of the foregoing, and THE REVERSE SIDE HEREOF, correctly sets forth the entire Agreement between the parties. No agreements or understandings shall be binding on either of the parties hereto unless specifically set forth in this Agreement. EXECUTED this 14TH day of AUGUST , 2020_. by execution hereof, the signer hereby certifies that he has read this Agreement, INCLUDING THE REVERSE SIDE HEREOF, and that he is duly authorized to execute this contract. SALESMAN STEVE SIMPSON POWERSCREEN OF FLORIDA, INC. PURCHASER ST. LUCIE COUNTY Authorized Signature Accepted by Title Print Name Title Page 332 of 411 4. Delivery of the equipment shall be FOB Sellers premises. Buyer accepts responsibility for the security of the equipment and assumes all risk of loss or injury thereto or any liability arising therefrom, however caused or arising, even though title to the equipment may not have passed to Buyer. Buyer shall keep the equipment fully insured and shall indemnify, defend, save and hold harmless the Seller from any such loss, injury or liability. Buyer shall indemnify and hold harmless Seller against any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including attorney's fees, arising out of, connected with, or resulting from the equipment, including without limitation, the manufacture, selection, delivery, possession, use, operation or return thereof. Without limiting the generality of the preceding sentence, Buyer expressly and unequivocally agrees to indemnify and hold harmless Seller against, and from, any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including attorney's fees, arising out of or relating to any negligent acts of the Seller, including claims for bodily injury or property damage, or arising out of or related to any strict liability in tort, or any claim of strict liability in tort, imposed upon Seller for placing the equipment in the market having any defect, or claimed to have any defect, it being agreed that Buyer shall inspect the equipment and remedy any defect whatsoever. The Buyer is purchasing the equipment as is and assumes the risk for the equipment for all claims. Buyer expressly and unequivocally agrees to be held responsible for any and all defects and for the strict liability in tort imposed upon Seller for placing the equipment on the market in a defective condition. Buyer expressly and unequivocally agrees and understands that this indemnity and hold harmless agreement is intended to operate and be applicable for all claims, including but not limited to, claims for bodily injury or property damage, if it is alleged or proved that all or some of the damages being sought against Buyer by any non-party to this contract, including, but not limited to, employees of buyer or other persons using or around the equipment herein, were caused as a whole or in part by any act, omission, negligence, gross negligence, breach of contract, intentional conduct, violation of statute or common law, breach of warranty, product defect, strict liability or any other conduct whatsoever of the Seller. 5. Buyer shall be deemed to have accepted all equipment delivered under this contract within 15 days after the date of delivery. Seller shall not in any event have any obligation to accept return of any equipment delivered hereunder unless it has previously consented in writing to do so. 6. The price of the equipment is the TOTAL CONTRACT. PRICE set forth on the face side hereof; provided, however, that if there shall be any increase in the cost to the Seller of labor, materials, transportation or any other expense arising in connection with the fulfillment of Seller's obligations hereunder between the date of this Contract and the date of delivery, Seller shall be entitled to add to the contract price a fair and reasonable sum to cover the cost of any such increase. 7. The Powerscreen of Florida, Inc. machinery covered by this order is sold by the Seller with the specific and only warranty of the manufacturer as set forth in the manufacturer's catalog wherein said machinery and equipment is listed and described. However, any statements or representations as to output, power, capacity or otherwise contained in any drawings, catalog, specification or other document shall not be regarded as forming part of this Contract unless such statement or representation is specifically guaranteed in writing by the Seller's President. If the equipment is used for more than nine hours per day, said warranty period shall be proportionately reduced. This warranty, shall not apply to any equipment or parts thereof not manufactured by Powerscreen of Florida, Inc. or any equipment or parts thereof that have been subjected to negligent handling, improper use or treatment, inadequate lubrication, adjustment, maintenance or storage, any act or omission contrary to instructions, or any use or service other than that for which the equipment or parts were intended, or to any equipment or parts to which there has been fitted or affixed any parts not supplied by Seller. THE FOREGOING WARRANTY IS EXCLUSIVE, AND SELLER MAKES NO OTHER WARRANTY OR REPRESENTATION OF ANYTHING WHATEVER, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE EQUIPMENT OR PARTS SOLD HEREUNDER, WHETHER AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER MATTER. 8. If any equipment or parts thereof covered by the warranty set forth in the preceding paragraph are returned by Buyer, at Buyer's sole expense, promptly upon Buyer's discovery of any claimed defect and within the warranty period and such equipment or parts are found to be defective in material or workmanship by Seller, Seller will in its sole discretion, either (a) repair or replace such defective equipment or parts or (b) accept the return of such defective equipment or parts at their invoice price. THIS REMEDY SHALL BE THE SOLE EXCLUSIVE REMEDY AVAILABLE TO THE BUYER AGAINST SELLER FOR ANY DEFECT IN THE EQUIPMENT OR PARTS SOLD HEREUNDER OR FOR DAMAGES RESULTING FROM ANY OTHER CAUSE WHATSOEVER, INCLUDING WITHOUT LIMITATION, SELLER'S NEGLIGENCE. The purpose of the exclusive remedy shall be to provide the Buyer with repair and replacement of, or to enable Buyer to return at the invoice price, equipment or parts manufactured by Seller or its parent company found to be defective in materials or workmanship or negligently manufactured. This exclusive remedy shall not be deemed to have failed of its essential purpose so long as Seller is willing and able to repair or replace said defective equipment or parts in the prescribed manner or is willing to accept return of any such defective equipment or parts at their invoice price. SELLER SHALL NOT IN ANY EVENT BE LIABLE TO PURCHASE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER, WHETHER FOR DEFECTIVE OR NONCONFORMING EQUIP - MENTOR PARTS, BREACH OR REPUTATION OF ANY TERM OR CONDITION OF THIS CONTRACT, NEGLIGENCE, OR ANY OTHER REASON. 9. In the event Seller is unable to carry out its obligations under this Contract due to war, strike, accident, acts of God, or any other cause beyond its control, it may, at its option, suspend performance or cancel this Contract and shall be paid a reasonable price for all work and expenses incurred in attempting to perform this Contract. 10. Seller reserves title to all equipment sold hereunder, and all such equipment shall remain personal property, until the contract price and all other costs and expenses owing by Buyer to Seller hereunder are paid by Buyer to Seller in full. 11. Seller may, without prejudice to the Buyer, cancel this Contract it at any time: (a) Buyer shall commit any breach of any of the terms of this or any other contract with the Seller; or (b) Buyer compounds with or negotiates for any composition with its creditors generally or permits any judgment against it to remain unsatisfied For seven days; or (c) if the Buyer is an individual and shall die or have a receiving order made against him or commit any act of bankruptcy or have any proceeding In bankruptcy, whether voluntary or involuntary, instituted; or (d) if the Buyer is a corporation or partnership and shall call any meeting of its creditors or have a receiver of any or all of its assets appointed or Entering into any liquidation or bankruptcy proceedings whether voluntary or involuntary. 12. Unless an express definition herein or the context hereof otherwise requires, all terms used in this Contract which are defined or given meaning in the Uniform Commercial Code, as adopted in the State of shall have the same definition and meaning for purposes of this Contract, and this Contract shall be governed by the laws of 13. No delay or failure of the seller to require the performance of any of Buyer's obligations under this Contract shall affect Seller's right to require performance of such obligation in the future or of any other obligation or shall be construed as a waiver of Seller's right to require Buyer to perform any obligation under this Contract. Page 333 of 411 "° E AGENDA REQUEST 0 TO: Board of County Commissioners PRESENTED BY: Kimberly Graham, County Engineer SUBMITTED BY: Public Works 8.1.1. 2020-50468 CONSENT AGENDA -PUBLIC WORKS DATE: 12/1/2020 *ACTION ITEM - BID AWARD SUBJECT: Bid Award No. 20-067 - Gordy Rd Bridge Over 10-Mile Creek - THIS PROJECT IS FUNDED BY THE INFRASTRUCTURE SALES TAX - AGENDA REQUEST ADDED BACKGROUND: The Gordy Road Bridge over Ten Mile Creek was built in 1987. The Florida Department of Transportation (FDOT) bi-annually completes a bridge inspection on all County bridges. Based upon a previous inspection of the Gordy Road Bridge, load limits were implemented and posted on the bridge in 2016. On January 23, 2017, the FDOT inspection noted the bridge was structurally deficient and placed it on a twelve (12) month inspection frequency due to its poor condition. Rainfall associated with Hurricane Irma in September 2017 resulted in Ten Mile Creek peaking above the wood decking of the bridge which resulted in significant damage to the bridge. Therefore, based upon the damage sustained during Hurricane Irma and deferred maintenance, staff recommends the replacement of Gordy Road Bridge. On October 21, 2020 8 bids were received for Gordy Road Bridge Replacement Project. The lowest responsive, responsible bidder was Vecellio & Grogan, Inc. of Beckley, West Virginia in the amount of $1,622,287.80. Vecellio & Grogan is the parent company of Ranger Construction and Hal Jones Contractor both located in Florida. Construction $1,622,287.80 10% Contingency $162,228.78 CEI $526,160.00 Geotech $96,162.25 Total Construction Budget $2,406,838.83 Staff recommends award of the Gordy Road Bridge Replacement to Vecellio & Grogan. Page 334 of 411 PREVIOUS ACTION: April 24, 2018 - Work Authorization No. 2 executed for Structural Rehabilitation Gordy Road Bridge over 10- Mile Creek Project. May 1, 2018 - Board approved $18,380 to Kimley-Horn and Associates, Inc. for the design of the steel plates and established an initial Project Budget of $210,000 to Capital Improvement Program (CIP) project #134611 Gordy Road Bridge Project. November 13, 2018 - Board approved an additional $75,000 be added to Capital Improvement Program (CIP) project 134611 and Amendment 1 to Work Authorization No. 2 to the Bridge Evaluation and Design Services Continuing Services Contract (C15-08-505) with Kimley Horn and Associates, Inc. for Gordy Road Bridge Project to bring the total work authorization to $241,727.50. April 6, 2020 - Amendment 2 executed to extend the completion date of the Gordy Road Bridge Project. May 19, 2020 - Amendment 3 to Work Authorization No. 2 with contract with Kimley-Horne and Associates, Inc. for Gordy Road Bridge Project to bring total work authorization to $254,917.10. FINANCIAL IMPACT: Funds will be available in account 319-4115-563000-134611 (Infrastructure Sales Tax/Gordy Rd Bridge). Line to Line #2021-0056 RECOMMENDATION: Staff recommends 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. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Page 335 of 411 Date: November 18, 2020 Don West, Public Works Director Date: November 18, 2020 Jennifer Hill, Office of Management & Budget Director N Date: November 18, 2020 Daniel McIntyre, County Attorney Date: November 20, 2020 Mark Satterlee, Deputy County Administrator Page 336 of 411 1 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 Project Name Gordy Road Bridge Replacement Proiect Number 11-20-18502 Engineer Estimate Vecellio & Grogan Interstate Ferreira Kelly Brothers Cone & Graham Shoreline Foundations Orion Kiewit Bid Item No. Description Unit Qty Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price ROADWAY 101-1 MOBILIZATION/DEMOBILIZATION/SURVEY LS 1.00 $85,000.00 $85,000.00 $162,000.00 $162,000.00 $110,000.00 $110,000.00 $296,201.60 $296,201.60 $257,361.44 $257,361.44 $194,500.00 $194,500.00 $219,000.00 $219,000.00 $234,501.02 $234,501.02 $300,000.00 $300,000.00 102-1A MAINTENANCE OF TRAFFIC LS 1.00 $25,000.00 $25,000.00 $7,700.00 $7,700.00 $7,500.00 $7,500.00 $12,096.40 $12,096.401 $23,530.23 $23,530.23 $55,000.00 $55,000.001 $4,000.00 $4,000.00 $27,330.23 $27,330.23 $20,000.00 $20,000.00 104-2A PREVENTION, CONTROL & ABATEMENT OF EROSION AND WATER POLLUTION LS 1.00 $25,000.00 $25,000.00 $14,600.001 $14,600.00 $8,000.00 $8,000.00 $4,828.00 $4,828.00 $21,586.19 $21,586.19 $29,380.50 $29,380.50 $12,000.00 $12,000.00 $16,955.601 $16,955.60 $10,000.00 $10,000.00 110-1-1 STANDARD CLEARING & GRUBBING AC 2.00 $35,000.00 $70,000.00 $6,300.00 $12,600.00 $14,755.00 $29,510.00 $7,155.80 $14,311.60 $7,183.00 $14,366.00 "` $40,000.00 $80,000.00 $11,000.00 $22,000.00 $28,887.39 $57,774.78 $20,000.00 $40,000.00 110-7-2 MAILBOX -RELOCATE EA 4.00 $250.00 $1,000.00 $143.00 $572.00 $50.00 $200.00 $139.10 $556.40 $293.42 $1,173.68 $350.00 $1,400.00 $221.00 $884.00 $751.96 $3,007.84 $250.00 $1,000.00 120-1 REGULAR EXCAVATION CY 1225.00 $18.00 $22,050.00 $17.00 $20,825.00 $19.00 $23,275.00 $6.50 $7,962.50 $19.15 $23,458.75 $14.00 $17,150.00 $7.50 $9,187.50 $27.81 $34,067.25 $60.00 $73,500.00 120-6 EMBANKMENT CY 2806.00 $15.00 $42,090.00 $20.00 $56,120.00 $21.00 $58,926.00 $13.50 $37,881.00 $22.34 $62,686.04 $28.00 $78,568.00 $16.50 $46,299.00 $34.81 $97,676.86 $72.00 $202,032.00 160-4 TYPE B STABILATION 12" SY 900.00 $5.00 $4,500.00 $8.00 $7,200.00 $12.00 $10,800.00 $10.10 $9,090.00 $9.23 $8,307.001 $5.00 $4,500.00 $210.00 $189,000.00 $6.521 $5,868.00 $32.00 $28,800.00 285-704 CEMENTED COQUINA - LBR 100 - 6" SY 1010.00 $14.00 $14,140.00 $12.00 $12,120.00 $33.00 $33,330.00 $14.00 $14,140.00 $13.57 $13,705.70 $12.00 $12,120.00 $10.00 $10,100.00 $32.00 $32,320.00 $20.00 $20,200.00 285-706 CEMENTED COQUINA - LBR 100-8" SY 210.00 $24.00 $5,040.00 $111.00 $23,310.00 $43.00 $9,030.00 $17.651 $3,706.50 $36.88 $7,744.80 $14.00 $2,940.00 $14.00 $2,940.00 $50.85 $10,678.50 $25.00 $5,250.00 334-1-13A SUPERPAVE ASPHALTIC CONCRETE - SP 9.5 - TRAFFIC C -1" TN 45.00 $120.00 $5,400.00 $200.00 $9,000.00 $175.00 $7,875.00 $177.65 $7,994.25 $226.40 $10,188.00 $175.00 $7,875.00 $375.00 $16,875.00 $297.36 $13,381.20 $220.00 $9,900.00 3344-13B SUPERPAVE ASPHALTIC CONCRETE - SP 9.5 - TRAFFIC C -1.5" TN 90.00 $120.001 $10,800.00 $280.00 $25,200.00 $175.00 $15,750.00 $177.65 $15,988.50 $317.26 $28,553.40 $175.00 $15,750.00 $375.00 $33,750.00 $297.36 $26,762.40 $310.001 $27,900.00 344-1-13C SUPERPAVE ASPHALTIC CONCRETE - SP 12.5 - TRAFFIC C -1.5" TN 65.00 $120.00 $7,800.00 $159.00 $10,335.00 $175.00 $11,375.00 $177.65 $11,547.25 $180.30 $11,719.50 $172.00 $11,180.00 $375.00 $24,375.00 $297.36 $19,328.40 $175.00 $11,375.00 399-1 MISCELLANEOUS ASPHALT TN 4.00 $185.00 $740.00 $1,600.00 $6,400.00 $350.00 $1,400.00 $592.15 $2,368.60 $1,786.381 $7,145.52 $310.00 $1,240.00 $375.00 $1,500.00 $594.73 $2,378.92 $1,600.00 $6,400.00 425-1-521 INLET - DITCH BOTTOM -TYPE C - <10' EA 1.00 $2,500.00 $2,500.00 $3,500.00 $3,500.00 $4,500.00 $4,500.00 $2,896.051 $2,896.05 $4,024.20 $4,024.20 $3,050.00 $3,050.00 $10,500.00 $10,500.00 $6,136.07 $6,136.07 $10,000.00 $10,000.00 425-901 INLET - VALLEY- <10' EA 2.00 $2,800.00 $5,600.00 $5,900.00 $11,800.00 $5,000.00 $10,000.00 $3,852.75 $7,705.50 $6,706.62 $13,413.24 $3,700.00 $7,400.00 $10,500.00 $21,000.00 $7,670.10 $15,340.20 $12,000.00 $24,000.00 425-6 VALVEBOX- ADJUST EA 2.00 $500.00 $1,000.00 $472.00 $944.00 $400.00 $800.00 $469.50 $939.00 $536.94 $1,073.88 $712.00 $1,424.00 $280.00 $560.00 $997.12 $1,994.24 $2,000.001 $4,000.00 430-175-118 CONCRETE PIPE CULVERT -18"- S/CD LF 152.00 $55.00 $8,360.00 $142.00 $21,584.00 $75.00 $11,400.00 $63.50 $9,652.00 $160.97 $24,467.44 $74.00 $11,248.00 $60.00 $9,120.00 $175.60 $26,691.20 $150.00 $22,800.00 430-175-115A CORRUGATED ALUMINUM PIPE CULVERT -15"- S/CD TEMP LF 40.00 $35.00 $1,400.00 $124.00 $4,960.00 $112.001 $4,480.00 $64.05 $2,562.001 $140.85 $5,634.00 $72.00 $2,880.001 $60.00 $2,400.00 $138.06 $5,522.40 $200.00 $8,000.00 430-175-118A CORRUGATED ALUMINUM PIPE CULVERT -18"- S/CD LF 30.00 $45.00 $1,350.00 $136.00 $4,080.00 $75.00 $2,250.00 $90.05 $2,701.50 $154.24 $4,627.20 $190.00 $5,700.00 $60.00 $1,800.00 $145.73 $4,371.90 $200.00 $6,000.00 520-3 CONCRETE VALLEY GUTTER LF 96.00 $20.00 $1,920.00 $22.00 $2,112.00 $30.00 $2,880.00 $21.90 $2,102.40 $24.80 $2,380.80 $66.00 $6,336.00 $30.00 $2,880.00 $61.36 $5,890.56 $30.00 $2,880.00 522-2 CONCRETE SIDEWALK & DRIVEWAY -6" THICK SY 48.00 $60.00 $2,880.00 $45.00 $2,160.00 $60.00 $2,880.00 $60.70 $2,913.60 $50.97 $2,446.56 $211.00 $10,128.00 $120.001 $5,760.00 $99.71 $4,786.08 $80.00 $3,840.00 522-5 CONCRETE PAD -10" THICK SY 6.00 $175.00 $1,050.00 $57.00 $342.00 $175.00 $1,050.00 $112.65 $675.90 $64.41 $386.46 $800.001 $4,800.00 $135.00 $810.00 $536.91 $3,221.46 $250.00 $1,500.00 536-8 BRIDGE ANCHORAGE ASSEMBLIES - TL-2 EA 3.00 $14,500.00 $43,500.00 $3,300.00 $9,900.00 $3,905.00 $11,715.00 $4,203.55 $12,610.65 $3,756.30 $11,268.90 $4,200.00 $12,600.00 $1,250.00 $3,750.00 $5,444.95 $16,334.85 $2,700.00 $8,100.00 536-8-11 APPROACH TRANSITION TO RIGID BARRIER - APROACH TERMINAL - TL-2 EA 1.00 $3,000.00 $3,000.00 $3,300.00 $3,300.00 $700.00 $700.00 $750.00 $750.00 $3,756.30 $3,756.30 $767.00 $767.00 $2,500.00 $2,500.00 $971.511 $971.51 $3,300.00 $3,300.00 536-85-22 GUARDRAIL END TREATMENT - FLAIRED APPROACH TERMINAL - TL-2 EA 1.00 $3,250.00 $3,250.00 $3,700.00 $3,700.00 $2,900.00 $2,900.00 $3,098.20 $3,098.20 $4,161.00 $4,161.00 $3,200.00 $3,200.00 $3,500.00 $3,500.00 $4,013.16 $4,013.16 $3,300.00 $3,300.00 538-1 GUARDRAIL - REMOVE & RESET LF 140.00 $16.00 $2,240.00 $19.00 $2,660.00 $27.00 $3,780.00 $10.90 $1,526.00 $21.49 $3,008.60 $12.00 $1,680.00 $85.00 $11,900.00 $14.13 $1,978.20 $12.00 $1,680.00 550-10418 FENCING - WOOD - REMOVE & RESET EXISTING LF 95.00 1 $70.00 $6,650.00 $64.001 $6,080.00 1 $45.00 $4,275.00 $43.151 $4,099.25 $57.00 $5,415.00 $25.00 $2,375.00 $30.00 $2,850.00 $31.66 $3,007.70 $15.00 $1,425.00 570-1-2A PERFORMANCE TURF - SOD = BAHIA SY 5500.00 $2.75 $15,125.00 $2.00 $11,000.00 $1.00 $5,500.00 $2.25 $12,375.00 $3.11 $17,105.00 $4.15 $22,825.00 $3.00 $16,500.00 $2.90 $15,950.00 $2.82 $15,510.00 580-7-731A SMALL SHRUB - SAGRITTARIA LATIFOLIA- DUCK POTATO -4" LINEAR EA 1320.00 $2.00 $2,640.00 $3.00 $3,960.00 $1.00 $1,320.00 $1.80 $2,376.00 $2.16 $2,851.20 $2.32 $3,062.40 $12.00 $15,840.00 $10.74 $14,176.80 $5.00 $6,600.00 580-7-741A SMALL SHRUB - PONTEDERIA CORDATA- PICKEREL WEED -4" LINEAR EA 1320.00 $2.00 $2,640.00 $3.00 $3,960.00 $1.00 $1,320.00 $1.80 $2,376.00 $2.16 $2,851.20 $2.32 $3,062.40 $12.00 $15,840.00 $10.74 $14,176.80 $5.00 $6,600.00 580-7-753A SMALL SHRUB - ACROSTICHUM DANAEIFOLIUM - LEATHER FERN - 3 GAL EA 97.00 $8.50 $824.50 $3.00 $291.00 $15.00 $1,455.00 $14.20 $1,377.40 $23.51 $2,280.47 $17.50 $1,697.50 $12.00 $1,164.00 $10.74 $1,041.78 $15.00 $1,455.00 80-7-763A SMALL SHRUB - BACCHARIS HALIMIFOLIA - SALTBUSH - 3 GAL EA 97.00 $8.501 $824.50 $3.00 $291.001 $15.001 $1,455.00 $14.20 $1,377.401 $14.10 $1,367.70 $17.50 $1,697.50 $12.00 $1,164.00 $10.74 $1,041.78 $15.00 $1,455.00 BRIDGE 110-3 REMOVAL OF EXISTING STRUCTURE - BRIDGE SF 3075.00 $35.00 $107,625.00 $19.00 $58,425.00 $37.00 $113,775.00 $17.25 $53,043.75 $20.75 $63,806.25 $90.00 $276,750.00 $45.00 $138,375.00 $138.02 $424,411.50 $70.001 $215,250.00 120-5 CHANNEL EXCAVATION CY 360.00 $14.00 $5,040.00 $18.00 $6,480.00 $75.00 $27,000.00 $20.10 $7,236.00 $20.69 $7,448.40 $78.00 $28,080.00 $45.00 $16,200.00 $120.46 $43,365.60 $60.00 $21,600.00 400-0-11 CONCRETE CLASS NS - GRAVITY WALL CY 2.60 $685.00 $1,781.00 $2,500.001 $6,500.00 $600.00 $1,560.00 $2,095.10 $5,447.26 $2,149.00 $5,587.40 $1,200.00 $3,120.00 $1,400.00 $3,640.00 $1,545.43 $4,018.12 $4,000.00 $10,400.00 400-2-10 CONCRETE CLASS II -APPROACH SLABS CY 26.60 1 $450.00 $11,970.00 $535.00 $14,231.00 $450.00 $11,970.00 $468.351 $12,458.11 $898.50 $23,900.101 $750.001 $19,950.00 $1,000.00 $26,600.00 $909.97 $24,205.20 $1,400.00 $37,240.00 400-4-4 CONCRETE CLASS IV - SUPERSTRUCTURE CY 95.30 $875.00 $83,387.50 $891.00 $84,912.30 $650.00 $61,945.00 $621.90 $59,267.07 $705.50 $67,234.15 $1,000.00 $95,300.00 $1,350.00 $128,655.001 $1,128.34 $107,530.80 $1,600.00 $152,480.00 4004-5 CONCRETE CLASS IV - SUBSTRUCTURE CY 58.20 $1,050.00 $61,110.00 $1,300.00 $75,660.00 *" $1,200.00 $69,840.00 $910.25 $52,976.55 $1,408.20 $81,957.24 $1,600.00 $93,120.00 $1,350.00 $78,570.00 $1,669.10 $97,141.62 $3,160.001 $183,912.00 400-9 BRIDGE DECK GROOVE & PLANE -8.5" & GREATER SY 222.00 $15.00 $3,330.00 $21.00 $4,662.00 $109.00 $24,198.00 $40.00 $8,880.00 $15.41 $3,421.02 $45.00 $9,990.00 $30.00 $6,660.00 $38.35 $8,513.70 $30.00 $6,660.00 415-1-4 REINFORCING STEEL- BRIDGE SUPERSTRUCTURE LB 13600.00 $2.001 $27,200.00 $1.00 $13,600.00 $1.00 $13,600.00 $9.70 $131,920.00 $1.14 $15,504.00 $1.20 $16,320.00 $1.00 $13,600.00 $1.59 $21,624.00 $1.00 $13,600.00 415-1-5 REINFORCING STEEL - BRIDGE SUBSTRUCTURE LB 7300.00 $2.00 $14,600.00 $1.00 $7,300.00 $1.50 $10,950.00 $10.45 $76,285.00 $1.16 $8,468.00 $1.20 $8,760.00 $1.00 $7,300.00 $1.79 $13,067.00 $1.10 $8,030.00 415-1-9 REINFORCING STEEL- APPROACH SLABS LB 4200.00 $2.00 $8,400.00 $1.00 $4,200.001 $1.00 $4,200.00 $1.85 $7,770.00 $1.17 $4,914.00 $1.20 $5,040.00 $1.00 $4,200.00 $1.65 $6,930.00 $1.00 $4,200.00 450-3-21 PRESTRESSED SLAB UNITS - 60" WIDE -12" THICK LF 471.00 $200.00 $94,200.00 $272.00 $128,112.00 $275.00 $129,525.00 $267.25 $125,874.75 $232.37 $109,446.27 $250.00 $117,750.00 $330.00 $155,430.00 $326.60 $153,828.60 $480.00 $226,080.00 450-3-91 PRESTRESSED SLAB UNITS - VARIABLE WIDTH - 30" TO 47" -12" THICK LF 235.50 $250.00 $58,875.00 $273.00 $64,291.50 $275.00 $64,762.50 $268.95 $63,337.73 $237.20 $55,860.60 $250.00 $58,875.00 $340.00 $80,070.00 $331.76 $78,199.48 $400.00 $94,200.00 Page 1 of 2 Page 337 of 411 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 Project Name Gordy Road Bridge Replacement Project Number 11-20-18502 Engineer Estimate Vecellio & Grogan Interstate Ferreira Kelly Brothers Cone & Graham Shoreline Foundations Orion Kiewit Bid Item No. Description Unit Qty Unit Price Total Price Unit Price Total Price $183,040.00 Unit Price Total Price $185,600.00 Unit Price Total Price $169,728.00 Unit Price Total Price $165,644.80 Unit Price Total Price $51,200.00 Unit Price Total Price $211,200.00 Unit Price Total Price $177,984.00 Unit Price Total Price $288,000.00 455-34-5 PRESTRESSED CONCRETE PILES - 24" SQ LF 1280.00 $115.00 $147,200.00 $143.00 $145.00 $132.60 $129.41 $40.00 $165.00 $139.05 $225.00 455-143-5 TEST PILES PRESTRESSED CONCRETE - 24" SQ LF 380.00 $265.00 $100,700.00 $258.00 $98,040.00 $550.00 $209,000.00 $174.70 $66,386.00 $332.18 $126,228.40 $45.00 $17,100.00 $250.00 $95,000.00 $421.59 $160,204.20 $350.00 $133,000.00 458-1-11 BRIDGE DECK EXPANSION JOINT - POURED JOINT W/BACKER ROD LF 102.00 $40.00 $4,080.00 $92.00 $9,384.00 $30.00 $3,060.00 $41.75 $4,258.50 $62.70 $6,395.40 $75.00 $7,650.00 $20.00 $2,040.00 $50.64 $5,165.28 $18.00 $1,836.00 5154-1 BULLET RAIL -SINGLE RAIL LF 140.00 $50.001 $7,000.00 $105.00 $14,700.00 $50.001 $7,000.00 $29.60 $4,144.001 $65.14 $9,119.60 $60.00 $8,400.00 $130.00 $18,200.001 $67.14 $9,399.60 $110.001 $15,400.00 521-5-4 CONCRETE TRAFFIC RAILING - 32' -VERTICAL FACE LF 140.00 $85.00 $11,900.00 $170.00 $23,800.00 $90.00 $12,600.00 $374.95 $52,493.00 $150.62 $21,086.80 $150.00 $21,000.00 $225.00 $31,500.00 $282.17 $39,503.80 $370.00 $51,800.00 521-5-13 CONCRETE TRAFFRIC RAILING = 36" - SINGLE SLOPE LF 130.00 $95.00 $12,350.00 $166.00 $21,580.00 $110.00 $14,300.00 $242.55 $31,531.50 $128.05 $16,646.50 $210.00 $27,300.00 $225.00 $29,250.00 $291.26 $37,863.80 $370.00 $48,100.00 527-2 DETECTABLE WARNINGS SF 34.00 $35.00 $1,190.00 $40.00 $1,360.00 $25.00 $850.00 $47.35 $1,609.90 $134.12 $4,560.081 $150.00 $5,100.00 $20.00 $680.00 $41.04 $1,395.36 $44.00 $1,496.00 530-3-4 RIP RAP RUBBLE - DITCH LINING TN 456.00 1 $120.00 $54,720.00 $117.001 $53,352.00 1 $126.00 $57,456.00 $78.751 $35,910.00 $127.02 $57,921.12 $130.00 $59,280.00 $125.00 $57,000.00 $216.60 $98,769.60 $110.00 $50,160.00 530-74 BEDDING STONE TN 87.00 $120.00 $10,440.00 $196.00 $17,052.00 $97.00 $8,439.00 $64.55 $5,615.85 $136.61 $11,885.07 $120.00 $10,440.00 $80.00 $6,960.00 $236.00 $20,532.00 $165.00 $14,355.00 TEMPORARY BRIDGE 102-2 SPECIAL DETOUR -ACROW BRIDGE - TEMP BRIDGE LS 1.00 $150,000.00 $150,000.00 $195,850.00 $195,850.00 $247,000.00 $247,000.00 $161,969.30 $161,969.30 $172,606.60 $172,606.60 $260,000.00 $260,000.00 $300,000.00 $300,000.00 $247,223.91 $247,223.91 $420,000.00 $420,000.00 110-3A REMOVAL OF EXISTING STRUCTURE - BRIDGE SF 353.00 $35.001 $12,355.00 $67.00 $23,651.001 $45.001 $15,885.00 $215.70 $76,142.10 $239.73 $84,624.69 $170.00 $60,010.00 $12.00 $4,236.00 $42.58 $15,030.74 $250.00 $88,250.00 400-4-5A CONCRETE CLASS IV - SUBSTRUCTURE CY 32.60 $1,050.00 $34,230.00 $1,100.00 $35,860.00 $851.00 $27,742.60 $308.55 $10,058.73 $1,417.60 $46,213.76 $1,400.00 $45,640.00 $1,200.00 $39,120.00 $1,460.00 $47,596.00 $1,900.00 $61,940.00 415-1-5A REINFORCING STEEL- BRIDGE SUBSTRUCTURE LB 4750.00 $2.00 $9,500.00 $1.00 $4,750.00 $1.00 $4,750.00 $1.40 $6,650.00 $1.20 $5,700.00 $2.40 $11,400.00 $1.50 $7,125.00 $1.95 $9,262.50 $1.10 $5,225.00 SIGNING & MARKING 700-1-11 SINGLE SIGN POST -<12 SF EA 8.00 1 $425.00 $3,400.00 $335.001 $2,680.00 1 $268.00 $2,144.00 $621.75 $4,974.00 $570.00 $4,560.00 $607.001 $4,856.00 $500.00 $4,000.001 $230.10 $1,840.80 $250.00 $2,000.00 706-3 RETRO REFLECTIVE PAVEMENT MARKERS - RPM EA 150.00 $5.00 $750.00 $5.00 $750.00 $5.00 $750.00 $5.351 $802.50 $5.70 $855.001 $5.20 $780.00 $15.00 $2,250.00 $4.60 $690.00 $4.50 $675.00 711-15-111 THERMO - WHITE - 6" LF 891.00 $1.25 $1,113.75 $1.00 $891.00 $4.00 $3,564.00 $1.30 $1,158.30 $1.26 $1,122.66 $1.30 $1,158.30 $3.50 $3,118.50 $2.30 $2,049.30 $1.30 $1,158.30 711-16-211 THERMO - YELLOW - 6" LF 1348.00 $1.25 $1,685.00 $1.00 $1,348.00 $4.00 $5,392.00 $1.30 $1,752.40 $1.25 $1,685.00 $1.30 $1,752.40 $3.50 $4,718.00 $2.30 $3,100.40 $1.30 $1,752.40 713-100-101 PERMANENT TAPE - WHITE -6"-BRIDGE LF 244.00 $5.00 $1,220.00 $5.00 $1,220.00 $5.00 $1,220.00 $5.65 $1,378.60 $5.19 $1,266.36 $5.50 $1,342.00 $3.50 $854.00 $4.60 $1,122.40 $5.50 $1,342.00 SUBTOTAL $1,466,666.25 $1,622,287.80 1 $1,741,709.10 $1,753,845.35 $1,789,714.67 $1,945,000.00 $2,198,300.00 $2,590,177.00 $3,048,943.70 CONTINGENCY $146,666.63 $162,228.78 $174,170.91 $175,384.53 $178,971.47 $194,500.00 $219,830.00 $259,017.70 $304,894.37 TOTAL $1,613,332.88 $1,784,516.58 $1,915,880.01 $1,929,229.88 $1,968,686.14 $2,139,500.00 $2,418,130.00 $2,849,194.70 $3,353,838.07 ***MATH ERRORS Vecellio & Grogan Math error: bidder put the unit price in both the unit price and the total price column on bid sheet. Total bid is correct. Pay Item Description Unit Quantity Unit Price Total Price Bid 400 4-5 CONCRETE CLASS IV - SUBSTRUCTURE I CY 1 58.20 1 $1,300.001 $1,300.00 Correction 400-4-5 ICONCRETE CLASS IV - SUBSTRUCTURE I CY 1 58.20 1 $1,300.001 $75,660.00 Kelly Brothers Math error: bidder had a typo. Total bid is $1,968,686.14. Pay Item Description Unit Quantity Unit Price Total Price Bid 110-1-1 ISTANDARD CLEARING & GRUBBING I AC 1 2.00 1 $7,183.001 $14,364.00 Correction 110-1-1 ISTANDARD CLEARING & GRUBBING I AC 1 2.00 W$7,183.001 $14,366.00 Page 2 of 2 Page 338 of 411 r Luc a- AGENDA REQUEST 0 TO: Board of County Commissioners PRESENTED BY: Jose Vega, Stormwater Program Coordinator SUBMITTED BY: Water Quality/Stormwater Division SUBJECT: Award Bid No. 21-001 - Supply and Installation of Sod BACKGROUND: 8.1.2. 2020-50641 CONSENT AGENDA -PUBLIC WORKS DATE: 12/1/2020 *ACTION ITEM - BID AWARD The purpose of this bid is to establish a contract with a qualified contractor that will provide supply and installation of sod throughout unincorporated St. Lucie County. On November 4, 2020, submittals for Bid 21-001 were opened. Of the 44 companies notified, 11 documents were distributed and 1 bid was received. Nature's Keeper Inc. was the lowest responsive and responsible bidder. The initial term of the contract will be for a period of four (4) years. Providing the bidder agrees to the same terms and conditions. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Sufficient funding is available in 102001-3725-563000-133605, ( Capital Improvements) and 102001-3725- 553200-370000, (Road Material). This will also be used throughout other county departments, such as Road and Bridge, and Parks and Recreation. RECOMMENDATION: Staff recommends 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. Page 339 of 411 COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Z�� Date: November 12, 2020 Jennifer Hill, Office of Management & Budget Director Date: November 13, 2020 Don West, Public Works Director W14• ' r Date: November 13, 2020 Daniel McIntyre, County Attorney Date: November 13, 2020 Mark Satterlee, Deputy County Administrator Page 340 of 411 "--a' f COUNTY BOARD OF COUNTY COMMISSIONERS BID #21-001 Supply and Installation of Sod Date: November 04, 2020 @ 3:OOPM () submittal was received: PURCHASING DEPARTMENT Natures Keeper I FURNISH AND INSTALL Fort Pierce, FL GROUPI ITEM 1: ST. AUGUSTINE FLORATAM SOD Square Foot Amount Per Square Foot Per Square Foot Per Square Foot Per Square Foot Price Price Price Price Year 1 Year 2 Year 3 Year 4 Up to 1,000 sq. ft. $0.49 $0.52 $0.55 $0.58 1,001 sq. ft. to 5,000 sq. ft. $0.47 $0.50 $0.53 $0.56 5,001 sq. ft. to 10,000 scl. ft. $0.45 $0.48 $0.51 $0.54 10,001 sq. ft. and greater $0.42 $0.45 $0.48 $0.51 ITEM 2: ARGENTINE BAHIA SOD Square Foot Amount Per Square Foot Per Square Foot Per Square Foot Per Square Foot Price Price Price Price Year 1 Year 2 Year 3 Year 4 Up to 1,000 sq. ft. $0.39 $0.42 $0.45 $0.48 1,001 sq. ft. to 5,000 sq. ft. $0.34 $0.37 $0.40 $0.43 5.001 sa. ft. to 10,000 sq. ft. $0.27 $0.30 $0.33 $0.36 10,001 sq. ft. and greater 1 $0.24 $0.27 $0.30 $0.33 ITEM 3: CERTIFIED TIFWAY 419 BERMUDA SOD Square Foot Amount Per Square Foot Per Square Foot Per Square Foot Per Square Foot Price Price Price Price Year 1 Year 2 Year 3 Year 4 Up to 1,000 sq. ft. $1.49 $1.52 $1.55 $1.58 1,001 sq. ft. to 5,000 sq. ft. $1.29 $1.32 $1.35 $1.38 5,001 sq. ft. to 10,000 sq. ft. $1.19 $1.22 $1.25 $1.28 10,001 sq. ft. and greater $0.99 $1.02 $1.05 $1.08 GROUP II FURNISH ONLY (TO BE PICKED UP FROM VENDORS LOCATION BY COUNTY PERSONNEL) ITEM 4: ST. AUGUSTINE FLORATAM SOD Square Foot Amount Per Square Foot Per Square Foot Per Square Foot Per Square Foot Price Per Square Price Price Price Foot Price Year 1 Year 2 Year 3 Year 4 Year 5 Up to 1,000 sq. ft. $0.35 $0.38 $0.41 $0.44 $0.47 1,001 sq. ft. to 5,000 sq. ft. $0.33 $0.36 $0.39 $0.42 $0.45 5,001 sq. ft. to 10,000 sq. ft. $0.32 $0.35 $0.38 $0.41 $0.44 10,001 sq. ft. and greater $0.31 $0.34 $0.37 $0.40 $0.43 Page 341 of 411 ITEM 5: ARGENTINE BAHIA SOD Square Foot Amount Per Square Foot Per Square Foot Per Square Foot Per Square Foot Price Per Square Price Price Price Foot Price Year 1 Year 2 Year 3 Year 4 Year 5 Up to 1,000 sq. ft. $0.25 $0.28 $0.31 $0.34 $0.37 1,001 sq. ft. to 5,000 sq. ft. $0.22 $0.25 $0.28 $0.31 $0.34 5,001 sq. ft. to 10,000 sq. ft. $0.20 $0.23 $0.26 $0.29 $0.32 10,001 sq. ft. and greater $0.18 $0.21 $0.24 $0.27 $0.30 ITEM 6: CERTIFIED TIFWAY 419 BERMUDA SOD Square Foot Amount Per Square Foot Per Square Foot Per Square Foot Per Square Foot Price Per Square Price Price Price Foot Price Year 1 Year 2 Year 3 Year 4 Year 5 Up to 1,000 sq. ft. $0.93 $0.94 $0.95 $0.96 $0.97 1,001 sq. ft. to 5,000 sq. ft. $0.88 $0.89 $0.90 $0.91 $0.92 5,001 sq. ft. to 10,000 sq. ft. $0.83 $0.84 $0.85 $0.86 $0.87 10,001 sq. ft. and greater $0.81 $0.82 $0.83 $0.84 $0.85 GROUP III FURNISH AND DELIVER (ANY LOCATION WITHIN THE COUNTY) ITEM 7: ST. AUGUSTINE FLORATAM SOD Square Foot Amount Per Square Foot Per Square Foot Per Square Foot Per Square Foot Price Per Square Price Price Price Foot Price Year 1 Year 2 Year 3 Year 4 Year 5 Up to 1,000 sq. ft. $0.49 $0.52 $0.55 $0.58 $0.61 1,001 sq. ft. to 5,000 sq. ft. $0.36 $0.39 $0.42 $0.45 $0.48 5,001 sq. ft. to 10,000 sq. ft. $0.34 1 $0.37 1 $0.40 1 $0.43 $0.46 10,001 sq. ft. and greater $0.32 $0.35 $0.38 $0.41 $0.44 ITEM 8: ARGENTINE BAHIA SOD Square Foot Amount Per Square Foot Per Square Foot Per Square Foot Per Square Foot Price Per Square Price Price Price Foot Price Year 1 Year 2 Year 3 Year 4 Year 5 Up to 1,000 sq. ft. $0.30 $0.31 $0.32 $0.33 $0.34 1,001 sq. ft. to 5,000 sq. ft. $0.24 $0.25 $0.26 $0.27 $0.28 5,001 sq. ft. to 10,000 sq. ft. 1 $0.22 $0.23 $0.24 $0.25 $0.26 10,001 sq. ft. and greater 1 $0.21 $0.22 $0.23 $0.24 $0.25 ITEM 9: CERTIFIED TIFWAY 419 BERMUDA SOD Square Foot Amount Per Square Foot Per Square Foot Per Square Foot Per Square Foot Price Per Square Price Price Price Foot Price Year 1 Year 2 Year 3 Year 4 Year 5 Up to 1,000 sq. ft. $1.25 $1.28 $1.31 $1.34 $1.37 1,001 sq. ft. to 5,000 sq. ft. $0.89 $0.92 $0.95 $0.98 $1.01 5,001 sq. ft. to 10,000 sq. ft. $0.85 $0.88 $0.91 $0.94 $0.97 10,001 sq. ft. and greater $0.82 $0.85 $0.88 $0.91 $0.94 Please indicate the approximate size of your cut pieces of sod 16" x 24" Number of companies notified*: 44 Number of bid documents distributed*: 11 Number of bids received: *per demandstar.com Page 342 of 411 LUCE L o Q TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners Jodi Nentwick, Senior Planner Planning & Development Services 9.A.1. ORD-2020-29 PUBLIC HEARINGS - PLANNING & DEVELOPMENT SERVICES DATE: 12/1/2020 *ORDINANCE ITEM - LAND DEVELOPMENT CODE TEXT AMENDMENT QUASI-JUDICIAL ITEM? NO Text Amendment to the Land Development Code, Chapter IX Signs to define, allow and establish design standards for Changeable Message Monument Signs. - Adoption Hearing A County initiated Text Amendment to the Land Development Code, Chapter IX Signs, to define, allow and establish design standards for Changeable Message Monument Signs within certain Zoning Districts. Currently, LDC Section 9.03.00. — Prohibited signs, limits electronic and/or changeable signs to one (1) variable electronic message sign per parcel or group of parcels, provided that the message sign does not thirty (30) square feet; the message displays shall be on a black background with a single color copy; the message display shall not scroll, flash or blink, and message display copy shall not change more frequently than once every five (5) seconds. The proposed amendments address definitions, eligible Districts, sign area, display change frequency, operation, design, and other standards such as brightness. PREVIOUS ACTION: The Board of County Commissioners discussed current regulations at their October 8, 2018 Informal Meeting. Consensus sought greater information and evaluation from other jurisdictions' regulations. On June 20, 2019, the Planning & Zoning Commission held an electronic sign workshop to explore the pros and cons of possible changes, and gather public input regarding the current and potential guidelines. Page 343 of 411 On November 5, 2019, staff received permission to advertise a proposed ordinance for public hearing before the Planning and Zoning Commission and two (2) hearings before the Board of County Commissioners. The Planning and Zoning Commission, at their October 15, 2020 meeting, voted unanimously to recommend the proposed amendments with the condition adding a variance process in accordance with the procedures outlined in LDC Section 10.01.01 . ON November 10, 2020, the Board recommended at the First Reading to amend the Land Development Code, Chapter IX Signs, define, allow and establish design standards for Changeable Message Monument Signs within certain Zoning Districts. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends 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. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Leslie Olson, Planning & Development Services Director Daniel McIntyre, County Attorney Date: November 18, 2020 Date: November 18, 2020 Date: November 20, 2020 Page 344 of 411 Mark Satterlee, Deputy County Administrator Page 345 of 411 Planning and Development Services Department Planning Division MEMORANDUM TO: Board of County Commissioners THROUGH: Leslie Olson, AICP, Director Benjamin Balcer, Assistant Director FROM: Jodi Nentwick, Senior Planner DATE: November 16, 2020 SUBJECT: Land Development Code Text Amendment (TLDC-120195456) LDC Section 9.01.00. — Changeable Message Monument Signs The County initiated a Text Amendment to the St. Lucie County Land Development Code (LDC) proposing to define, allow and establish design standards for changeable message monument signs. The intent is to reduce sign clutter and associated visual distractions to motor vehicle operators and pedestrians, from those created by static signs. Background: LDC Section 9.03.00. — Prohibited signs, currently limits electronic and/or changeable signs as follows: Flashing, animated, fire- or smoke -emitting, changeable -message, or noise -making signs, except for one (1) variable electronic messajee sizn per parcel orzroup ofparcels under a uniform site development plan, provided that the messa,-e si,-n does not exceed an overall area of thirty (30) square feet (three (3) feet x ten (10) feet typical dimension); the message displays shall be on a black backeround with a sinzle color copy; the message display shall not scroll, flash or blink, and message display copy shall not chanze more frequently than once every five (5) seconds. Any such message sign shall be counted as part of the overall signage for the property or project site; must be a part of one (1) of the ground signs associated with the property or project site. Dimensional limitations in this paragraph may be waived by application to the Planning and Development Services Director for property located in the Institutional Zoning District with frontage on an arterial roadway. The site development plan on which such sign is proposed must be greater than 20 acres and the sign must be located adjacent to the arterial roadway and set back from the property line at least 50 feet. The Board of County Commissioners discussed current regulations at their October 8, 2018 Informal Meeting. Consensus sought greater information and evaluation from other jurisdictions' regulations. On June 20, 2019, the Planning & Zoning Commission held an electronic sign workshop to explore the pros and cons of possible changes, and gather public input regarding the current and potential guidelines. The Commission was interested in garnering potential amendment scope, requesting staff to compile a sign model that would not negatively impact our business community or the overall character of the surrounding properties. ST. LUCIE WORIKS Page 346 of 411 Project Name: LDC Text Amendment (9.01.00-Changeable-Message Monument Signs) File No.: TLDC-120195456 Compiled Pros and Cons highlighted during the workshop are displayed in Table 1 below: Table 1: Electronic Changeable Message Sign Evaluation Pros New technology 1 sign = variety of options Ease of change message Off -premise signage - Income stream Messages can be changed and uploaded over the internet, enabling advertisers to target ads to specific days or certain times of day Current Regulations Cons Traffic safety concerns Visual clutter Impair vision Distract motorists Enforcement issues - Timing of changes - Flashing - Brightness - Blinking - Scrolling The proposed changes define a changeable -message monument sign, eligibility within specific zoning districts and design standards that addresses form, operation, brightness, residential separation, and long-term maintenance. Exhibit 1, below, depicts an example Monument Sign with a changeable message center: Current regulations mandate a changeable message area, if larger than 30 SF, shall remain static and change less frequently than once in any twenty -four-hour period. Alternatively, if the sign is designed or programed to allow up to 30 SF of the electronic sign to be changed, this may be permitted provided: • The message displays shall be on a black background with a single color copy; • The message display shall not scroll, flash or blink, and • Message display copy shall not change more frequently than once everX five (5,) seconds. ST. LUCIE \fRS 2 Page 347 of 411 Project Name: LDC Text Amendment (9.01.00-Changeable-Message Monument Signs) File No.: TLDC-120195456 Proposal Overview & Analysis The notable changes proposed for a changeable -message monument sign are as follows: ➢ The electronic message portion of the sign does not exceed in overall area of thirty (30) square feet. ➢ The message display shall not scroll, flash, move, or blink. ➢ The message display content shall not change more frequently than once every six (6) seconds, and must occur simultaneously for the entire sign face. ➢ The time to change completely form one display to another shall be a maximum of two (2) seconds, or, if messages are displayed digitally, as by LED's, the content must change immediately. ➢ The sign must designed so that upon any failure malfunction, there is no flashing, intermittent content, or any other apparent movement. ➢ The changeable -message sign may not direct the movement of vehicular or pedestrian traffic; may not obscure, obstruct, interfere with, or imitate any official traffic sign or signal; and shall comply with State standards and rules as administrated by the Florida Department of Transportation (FDOT) to the extent applicable to such signs. ➢ Each display shall have an ambience light sensing device and dimming ability that will adjust the brightness of the changeable -message sign as ambient lighting conditions change. Light intensity will be adjusted so as not to exceed 0.03 foot-candles above ambient lighting, as measured using a foot-candle impacts vary with the present distance. The pre-set distance to measure the foot-candle impacts vary with expected viewing distances and the face size of each sign. ➢ No such changeable -message sign may be placed closer than one hundred (100) feet from the nearest boundary of any residentially zoned property, and if placed closed than three hundred (300) feet from such property boundary must be situated so that the sign face us facing away from the residentially zoned property and is operated only between the hours of 6:00 A.M. and 10:00 P.M. ➢ Except in an area where billboards are allowable, any changeable -message sign shall be counted as part of the overall signage for the property or project site; must be a part of one (1) of the ground signs associated with the property or project site. ➢ All permitted changeable -message monument sign shall be equipped with a sensor or other devices that automatically determines the ambience lighting. ➢ Procedure for review of changeable -message monument sign application for an Administrative Variance from the three hundred (300) feet separation to adjacent residential zoned property. ST. LUCIE \fRS Page 348 of 411 Project Name: LDC Text Amendment (9.01.00-Changeable-Message Monument Signs) File No.: TLDC-120195456 TEXT AMENDMENT STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE Pursuant to St. Lucie County Land Development Code (LDC) Section 11.06.03, the Development Review Committee (DRC) has reviewed the proposed Text Amendment to LDC Section 9.01.01 and found it to meet the technical requirements and Standards of Review. In reviewing this application for a Text Amendment to the LDC, the Planning and Zoning Commission shall consider and make the following determinations: A. Whether the proposed amendment is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed amendments are not in conflict with any portions of the St. Lucie County LDC. Changes to the sign code are intended to allow changeable message monument signs in order to: • Protect the public health, safety and welfare by limiting the construction, location, brightness and operational characteristics of changeable message monument signs. • Allow changeable message monument signs to provide a guide to the physical environment and serve the community through public service announcements and emergency situations. • Permit signs with limitations to prevent driver distraction and encourage traffic safety. The proposed changes align with the County's sign regulations intention to promote public safety, preserve and protect the visual beauty of the landscape and promote the general health, welfare and safety of the citizens of St. Lucie County. B. Whether the proposed amendment is in conflict with all elements of the St. Lucie County Comprehensive Plan; The proposed Text Amendment is consistent with all elements of the St. Lucie County Comprehensive Plan. The proposal supports the following Comprehensive Plan Goal and Objective: Goal 1.1: Ensure the highest quality living environment possible, through a mixture of land uses reflecting the needs and desires of the local residents and how they want their community to develop. The goal shall be implemented by strictly enforced building, zoning and development codes based on objectives and policies that will enhance St. Lucie County's natural and man-made resources while minimizing any damage or threat of degradation to the health, safety and welfare of the county's citizens, native wildlife and environment, through incompatible land uses. ➢ Objective 1.1.2: Growth Management. St. Lucie County shall manage how and where growth occurs by using sustainable development and balanced planning practices. The County shall manage the land use patterns designated on the Future Land Use Map comprehensively, consistently, and effectively to enhance the quality of life for its citizens, promote economic vitality, and accommodate projected population growth and development in an environmentally acceptable manner. C. Whether and the extent to which the proposed amendment is inconsistent with the existing and proposed land uses; The proposed Text Amendment is not inconsistent with existing or proposed land uses. The proposed ordinance intends to define and permit changeable message monument signs to limit visual clutter and driver distraction. The following zoning districts eligible for a changeable -message monument sign: ST. LUCIE ��fRS 4 Page 349 of 411 Project Name: LDC Text Amendment (9.01.00-Changeable-Message Monument Signs) File No.: TLDC-120195456 • Commercial, Office (CO) & Planned Mixed Use Development (PMUD) — • Professional Service/Office (In MXD or COM Land Use Districts); • Commercial, Neighborhood (CN), Commercial Resort (CR) & Commercial General (CG); • Industrial Light (IL), Industrial Heavy (IH) & Industrial Extraction (IX); • Utilities (U); Institutional (I), Religious Facilities (RF); • Planned Mixed Use Development (PMUD) — Institutional, General Commercial & Public Service/Utilities. D. Whether there have been changed conditions that require an amendment; The proposed ordinance intends to provide consistency for changeable message monument signs while meeting new technology demands and providing options and flexibility to our business community within crafted guidelines. 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 Text Amendment will not result in additional demands on public facilities. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; No environmental standards amendments are proposed. Sign brightness limits are proposed to avoid adverse impacts on the natural environment. Signs are subject to local, state, and federal guidelines associated with siting and environmental impacts such as sea turtle nesting, etc. G. Whether and the extent to which the proposed amendment would adversely affect the property values in the area; The proposed amendment is not anticipated to have an adverse impact on property values in the County. H. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative effects of such patterns; The proposed change should not influence existing or proposed development patterns. Sign size, location, and design are addressed by adopted guidelines and will be implemented through the building permit review process. I. 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 amendment is not in conflict with the public interest and is in harmony with the purpose and intent of this code. Any potential conflict with public interests associated with a site -specific request can be addressed through the building permit process. J. Any other matters that may be deemed appropriate by the Planning and Zoning Commission or the Board of County Commissioners, in review and consideration of the proposed amendment. The Board of County Commissioners may raise other matters regarding the proposed Land Development Code Text Amendment. PUBLIC NOTICE An advertisement displayed in the local newspaper specifying the Board of County Commissioner's Public Hearing. ST. LUCIE \fRS Page 350 of 411 Project Name: LDC Text Amendment (9.01.00-Changeable-Message Monument Signs) File No.: TLDC-120195456 PLANNING AND ZONING COMMISSION The Planning & Zoning Commission, at their October 15, 2020 meeting, voted unanimously to recommend the proposed amendments to the Board of County Commissioner with the condition to add an administrative variance process, from some residential separation requirements, in accordance with the procedures outlined in LDC Section 10.01.00. An administrative variance process was integrated into the draft Ordinance. STAFF RECOMMENDATION Staff recommends the Board approve Ordinance No. 2020-29, amending the Land Development Code Text Amendments to Section 9.01.01 Permitted Permanent Signs to allow changeable -message monument signs subject to design standards within certain zoning districts. ST. LUCIE \fRS Page 351 of 411 ORDINANCE No. 2020-29 FILE NO.: TLDC-120195456 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING THE TEXT OF THE LAND DEVELOPMENT CODE, SECTION 2.00.00 DEFINITIONS; SECTION 9.01.01 PERMITTED PERMANENT SIGNS; AND SECTION 9.03.00.H. PROHIBITED SIGNS; ALLOWING CHANGEABLE MESSAGE MONUMENT SIGNS; PROVIDING FOR CONFLICTING PROVISIONS; PROCEDURE FOR ADMINISTRATIVE VARIANCE; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, (Board) express the concern that changeable -message monument signs provide visual distractions to motor vehicle operations and pedestrians that is greater than those created by static signs. The Board finds that this ordinance is therefore necessary clarify allow: WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (Board) find that this Ordinance is therefore necessary and essential to protect public safety, and represents the minimum necessary regulation to achieve that purpose. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, (Board) based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. 2. This Board is authorized by Section 125.01(1)(h), Florida Statutes, to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and, 3. This Board is authorized by Section 125.01(1)(t), Florida Statutes, to adopt ordinances and resolutions necessary for the exercise of its powers and to prescribe fines and penalties for the violations of ordinances in accordance with law. 4. On October 15, 2020, the Local Planning Agency/ Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing due notice in the St. Lucie News Tribune and recommended that the proposed ordinance be forwarded with a recommendation for. Page 352 of 411 5. On November 10, 2020, this Board held the first public hearing on the proposed ordinance, after publishing due notice in the St. Lucie News Tribune. 6. On December 1, 2020, this Board held its second public hearing on the proposed ordinance, after publishing due notice in the St. Lucie News Tribune. 7. The proposed amendments to the St. Lucie County Land Development Code are consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan, are internally consistent with the remainder of the Land Development Code and are in the best interest of the health, safety and public welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE ARE TO READ AS FOLLOWS: A. 2.00.00. - DEFINITIONS. Footcandle (fc): The unit of illumination when the foot is taken as the unit of length. It is the illumination on a surface one square foot in area on which there is a uniformly distributed flux of one lumen, or the illumination produced on a surface, all points of which are at a distance of one foot from directionally uniform point source of one candela. Light -Emitting Diode (LED): An electronic device that emits light when an electrical current is an passed throuah it. Light Meter. A handheld device that used measure or meter light. A light meter can read the ambient light in a scene, or direct light form a light source and calculate the correct shutter speed and aperture values reauired to capture an accurate exposure. Monument Sign: " " A ground sign that is connected to the ground, or supported by a freestanding wall, pedestal, or other structure, so that this is no clear space between the bottom of the sign, and the ground, no less than 80% width of the sign. A monument sign does not have anv exposed pole or DVlon. Scroll: A mode of message transition where the message is changed by the apparent vertical or horizontal movement of the letters or araohic elements of the messaae. Static Message: Messages that do not have movement, or the appearance or optical illusion of movement during the static display period, of any part of the sign structure, design, or pictorial segment of the sign, including the movement or appearance of movement. Page 353 of 411 B. 9.01.01. — PERMITTED PERMANENT SIGNS The following signs or advertising structures of a permanent nature shall be permitted within the following zoning districts: A. Agricultural - 1 (AG-1); Agricultural - 2.5 (AG-2.5); Agricultural - 5 (AG-5). Type of Sign Maximum Maximum Maximum Other Standards Number Size Height Nameplates F 1 per dwelling unit 3 s.f. n/a non -illuminated T_ .Non -illuminated, externally illuminated, 1 double-faced ground or 2 or backlit Ground or single -faced wall or ground -Reduce maximum Wall Signs signs per entrance to 32 s.f. 10 feet sign area by 50% if residential development, entrances are located farm, or ranch. less than 300 ft. of one I another. Directional One per lawful driveway, Signs otherwise as necessary for safety Billboards n/a Non -illuminated, 6 s.f. n/a externally illuminated, or backlit -Only permitted along 1-95 and the Florida Turnpike. -1,500 feet apart on •50 feet above same side of road. crown of road 378 s.f. -200 foot minimum or finished separation from grade. residential zones. -See Section 9.02.02 for general billboard provisions. Public Utility n/a n/a n/a n/a Signs 1. One (1) non -illuminated nameplate per dwelling unit or structure which shall not exceed three (3) square feet in sign area. Page 354 of 411 2. One (1) double-faced, ground sign or two (2) single -faced, wall or ground signs, located at each principal entrance into a residential development, farm, or ranch, as generally depicted in Figure 9-1. Wall signs shall be located on opposite sides of such entrances. Such signs shall only be non -illuminated, externally illuminated, or backlit, meaning illuminated by a light source which is placed behind, and shines through, the sign face. The backlighting shall be designed to minimize glare and dispersion of light other than through the sign face. Changeable -message monument signs shall confirm to the specific requirements of Section aninnH D. Commercial, Office (CO); Planned Mixed Use Development (PMUD) - Professional Service/Office (Low, Medium, and High Intensities). Type of Sign Maximum Maximum Size Maximum Other Standards Number Height Nameplates per occupant. 3 s.f. n/a None 1 per establishment or Non -illuminated, group of establishments 10 feet for externally having at least 50 linear RES, MXD, illuminated, or feet of frontage. or AG backlit for RES, If in MXD or COM Land 1 s.f. for every 2 Future Land MXD, or AG Ground or Use, permitted ground linear feet of Uses. Future Land Wall Signs signs may include frontage - 100 Uses. changeable -message s.f. maximum. monument signs, 20 feet for subject to the all other None - all other requirements of Section Future Land Future Land 9.03.00.H. Uses. Uses. Total Sign Area: I Non -illuminated, 10% of wall face externally area fronting on illuminated, or Wall, main street for backlit for RES, Projecting, RES, MXD, or MXD, or AG and/or Canopy n/a AG Future Land n/a Future Land Signs Uses. Uses. (Attached Canopies Only) Total Sign Area: g None -all other 20% of wall face Future Land area fronting on Uses. main street for Page 355 of 411 all other Future Land Uses. � Non -illuminated, Directional One per lawful driveway, externally Signs otherwise as necessary 6 s.f. n/a illuminated, or for safety. backlit. Public Utility n/a n/a n/a n/a Signs 2. Any establishment or group of establishments that has a street lot frontage of fifty (50) feet or more, shall be permitted one (1) ground sign which shall not exceed a sign area equal to one (1) square foot for every two (2) linear feet of street frontage, up to a maximum of one hundred (100) square feet. Such ground signs shall also be consistent with the following standards. a). For property that is located within any non-residential, non-agricultural Future Land Use District, as established in the St. Lucie County Comprehensive Plan, ground signs shall not exceed a height of twenty (20) feet. b). For property that is located within the MXD or any residential or agricultural Future Land Use District, as established in the St. Lucie County Comprehensive Plan, ground signs shall not exceed a height of ten (10) feet. Such signs shall only be non -illuminated, externally illuminated, or backlit, meaning illuminated by a light source which is placed behind, and shines through, the sign face. The backlighting shall be designed to minimize glare and dispersion of light other than through the sign face. Changeable -message monument signs shall conform to the specific requirements of Section 9.03.00.H. E. Commercial, Neighborhood (CN); Commercial Resort (CR); Institutional (1); Religious Facilities(RF); Planned Mixed Use Development (PMUD) - Institutional (Low, Medium, and High Intensities), General Commercial (Low Intensity), and Public Service/Utilities (Low Intensity). Type of Sign Maximum Maximum Size Maximum Other Number Height Standards Wall, Total Sign Area: Projecting, n/a 10% of wall face n/a None and/or Canopy area fronting on the main street for Page 356 of 411 Signs (Attached Canopies Only) 4 per face of free - Canopy Signs standing canopy RES, MXD, or AG Future Land Uses. Total Sign Area: 20% of wall face area fronting on the main street - all other Future Land Uses. Total Sign Area: 10% of total canopy face area - 23 s.f. maximum per canopy face - RES, MXD, or AG Future Land Uses. structures. Total Sign Area: 20% of total canopy face area - 45 s.f. maximum per canopy face - all other Future Land Uses. 1 per establishment or F group of establishments having at least 50 linear feet of frontage. 1 s.f. for every 2 Ground Signs Permitted ground signs linear feet of may include changeable- frontage - 100 s.f. message monument maximum. signs, subject to the requirements of Section 9.03.00.H. Pedestrian 1 per establishment. 6 s.f. Signs Rear Entrance Wall Sign 1 per establishment. 6 s.f. 0 n/a None 10 feet for RES, MXD, or AG Future Land Uses. None 20 feet for all other Future Land Uses. n/a None n/a I None Page 357 of 411 Non - One per lawful driveway, illuminated, Directional Sign otherwise as necessary 6 s.f. n/a externally for safety. illuminated, or backlit Public Utility n/a n/a n/a n/a Sign 3. Any establishment or group of establishments that has a street lot frontage of fifty (50) linear feet or more, shall be permitted one (1) ground sign. Such sign shall not exceed a sign area equal to one (1) ground sign. Such sign shall not exceed a sign area equal to one (1) square foot for every two (2) linear feet or major fraction thereof of street frontage up to a maximum of one hundred (100) square feet. Such ground signs shall also be consistent with the following standards: a. For property that is located within non-residential, non-agricultural Future Land Use District, as established in the St. Lucie County Comprehensive Plan, ground signs shall not exceed a height of twenty (20) feet. b. For property that is located within the MXD or any residential or agricultural Future Land Use District, as established in the St. Lucie County Comprehensive Plan ground signs shall not exceed a height of ten (10) feet. C. Changeable -message monument signs shall conform to the specific requirements of Section 9.03.00.H. F. Commercial General (CG); Industrial Light (IL); Industrial Heavy (IH); Industrial Extraction (IX); Utilities (U); Planned Mixed Use Development (PMUD) - General Commercial (Medium and High Intensities), Public Service/Utilities (Medium and High Intensities), Industrial (Medium and High Intensities). Type of Sign Maximum Maximum Maximum Size Other Standards Number Height Wall, Projecting, and/or Canopy Signs (Attached Canopies Only) 4 per establishment. Total Sign Area: 20% of wall face area fronting on main street. n/a None Page 358 of 411 Canopy Signs (Free- standing canopies) Ground Signs Pedestrian Signs Rear Entrance Wall Sign 4 per face of free- standing canopy. 1 per establishment having at least 50 linear ft. of frontage. Permitted ground signs may include changeable -message monument signs, subject to the requirements of Section 9.03.00.H. 1 additional sign for establishments having over 300 ft. of frontage. 1 additional sign for establishments having at least 300 ft. of frontage and outdoor displays (LDC Section 7.10.02). 1 per establishment 1 per establishment Total Sign Area: 20% of total canopy face area - 45 s.f. maximum per canopy face. For establishments having from 50 to 150 linear ft. of frontage: 1 s.f. for every 1 linear ft. of frontage - 150 s.f. maximum. For establishments having over 150 ft. of frontage: 1 s.f. for every 1'/2 ft. of frontage, or 150 s.f., whichever is greater - 200 s.f. maximum. 1 s.f. for every 1'/2 linear ft. of frontage in excess of first 300 ft.- 200 s.f. maximum. 100 s.f. 6 s.f. 6 s.f. n/a I None Sign area of individual signs may be 30 feet. aggregated, except that no single sign shall exceed 200 s.f. n/a None n/a None Page 359 of 411 One per lawful Directional driveway, otherwise 6 s.f. n/a None Sign as necessary for safety. -Only permitted along 1-95, the Florida Turnpike and those •35 ft. roadways identified in above Section crown of 9.02.02(A). road. •1,500 foot apart Billboards n/a 378 s.f. •50 ft. on same side of above crown of road. road along •200 foot min. separation from 1-95 and residential zones Fla. Tnpk. or use areas. -See Section 9.02.02(A)for additional standards. Public Utility n/a n/a n/a n/a Signs 4. Any establishment or group establishments having from fifty (50) to one hundred fifty (150) linear feet of frontage, shall be permitted one (1) ground sign. Such sign shall not exceed a sign area equal to one (1) square foot for every one (1) linear foot or major fraction thereof of street lot frontage. Establishments or groups of establishments having more than one hundred fifty (150) linear feet of frontage, shall be permitted one (1) ground sign. Such sign shall not exceed a sign area equal to either one (1) square foot for every one and one-half (1'/2) greater up to a maximum of two hundred (200) square feet. One (1) additional ground sign shall be permitted when the street lot frontage exceeds three hundred (300) linear feet. The second ground sign shall not exceed a sign area equal to one (1) square foot for every one and one-half (1'/2) linear feet of street lot frontage in excess of the first three hundred (300) feet or frontage. The sign area of individual signs may be aggregated, except that no single sign shall exceed a sign area of two hundred (200) square feet. Changeable -message monument signs shall conform to the specific requirements of Section 9.03.00.H. Page 360 of 411 Ground signs, including changeable message monument signs, shall not exceed a height of thirty (30) feet. C. 9.03.00. — PROHIBITED SIGNS Flashing, animated, fire or smoke -emitting, changeable -message, or noise -making signs, except for one (1) changeable -message monument, sign per parcel or group of parcels under a uniform site development plan, as allowable within a specific zoning district as provided in Section 9.01.01. and further provided that the changeable - message sign meets the following requirements: 1. The sign content does not exceed in overall area of thirty (30) square feet. This dimensional limitation and the requirement for a "monument" sign structure, shall be waived by application to the Planning and Development Services Director for property located in an Institutional Zoning District situated along an arterial roadway or area where billboards are allowable under this Code, provided the site (development plan) on which such sign is proposed is greater than 20 acres and the sign otherwise complies with the requirements of this Chapter for billboards. 2. The message display shall not scroll, flash, move, or blink; 3. The message display content shall not change more frequently than once every six (6) seconds, and must occur simultaneously for the entire sian face: 4. The time to change completely from one display to another shall be a maximum of two (2) seconds, or, if messages are displayed digitally, as by LED's, the content must chanae immediately: 5. The sign must be designed so that upon any failure or malfunction, there is no flashing, intermittent content. or anv other apparent movement. 6. The changeable -message sign may not direct the movement of vehicular or pedestrian traffic; may not obscure, obstruct, interfere with, or imitate any official traffic sign or signal; and shall comply with State standards and rules as administrated by the Florida Department of Transportation (FDOT) to the extent applicable to such signs. Page 361 of 411 7. Each display shall have an ambience light sensing device and dimming ability that will adjust the brightness of the changeable -message sign as ambient lighting conditions change. Light intensity will be adjusted so as not to exceed 0.03 footcandles above ambient lighting, as measured using a footcandle impacts vary with the present distance. The pre-set distance to measure the footcandle impacts vary with expected viewina distances and the face size of each sian. 8. No such chanaeable-messaae sian may be Dlaced closer than one hundred (100) feet from the nearest boundary of any residentially zoned property, and if placed closed than three -hundred (300) feet from such property boundary must be situated one - hundred eighty (180) degrees, so that the sign face is facing away from the residentially zoned property and is operated only between the hours of 6:00 A.M. and 10:00 P.M. An application that lacks the three hundred (300) feet separation from residentially zoned property boundary may apply for an administrative variance subject to Section 9.03.00.C.11. 9. Except in area where billboards are allowable, any changeable -message sign shall be counted as part of the overall signage for the property or project site; must be a part of one (1) of the ground signs associated with the property or project site. 10. All permitted changeable -message monument sign shall be equipped with a sensor or other devices that automatically determines the ambience lighting. 11. Procedure for Review of Changeable -Message Monument Sign Application for an Administrative Variance from the three hundred (300) feet separation to adjacent residential zoned property required by this Code, shall be in accordance with the standards and procedures set forth in this section. Within twenty (20) days after an application has been submitted, the Plannin and Development Services Director shall determine whether the application is complete. If the Director determines the application is not complete, a written statement shall be sent to the applicant by mail specifying the application's deficiencies. The Director shall take no further action on the application unless the deficiencies are remedied. Following the determination of completeness, the Planning and Development Services Director shall notify all adjacent property owners of the request. If there are no written objections provided by the property owners within the notification area within twenty-one (21) calendar days of receiving such notice, the Director shall administratively approve the request. If any written objection is obtained from a property owner within the notification area, the application shall be scheduled on the next available Board of Adiustment meetina in accordance with the Drocedures in Section 10.01.00. 11 Page 362 of 411 PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY. If any portion of this Ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chris Dzadovsky, Chair XXX Sean Mitchell, Vice Chair XXX Linda Bartz, Commissioner XXX Frannie Hutchinson, Commissioner XXX Cathy Townsend, Commissioner XXX PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws, and the word 'ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or re -lettered to accomplish such intention; provided, however, that Parts B through H shall not be codified. Page 363 of 411 PASSED AND DULY ENACTED this day of , 2020. Attest: Board of County Commissioners St. Lucie County, Florida Deputy Clerk By: Chair Approved As To Form and Correctness: By: County Attorney Page 364 of 411 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERs PUBLIC HEARING AGENDA TUESDAY, DECEMBER 1, 2020 NOTICE OF A PROPOSED TEXT AMENDMENT TO THE LAND DEVELOPMENT CODE The St. Lucie County Board of County Commissioners is scheduled to review and consider the following County initiated proposal for adoption by the Board of County Commissioners of St. Lucie County, Florida, by Ordinance: ORDINANCE NO. 2020-29 FILE NO: TLDC-120195459 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING THE TEXT OF THE LAND DEVELOPMENT CODE, SECTION 2.00.00 DEFINITIONS; SECTION 9.01.01 PERMITTED PERMANENT SIGNS; AND SECTION 9.03.00.H. PROHIBITED SIGNS; ALLOWING CHANGEABLE MESSAGE MONUMENT SIGNS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROCEDURE FOR ADMINISTRATIVE VARIANCE; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. PURPOSE: A County initiated Text Amendment to the Land Development Code and Design Standards proposing to define and allow changeable message monument signs to reduce visual distractions to motor vehicles operators and pedestrians than those created by static signs. The Adoption Public Hearing on this item will be held in the Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County on Tuesday, December 1, 2020 beginning at 6:00 PM or as soon thereafter as possible. All interested persons will be given an opportunity to be heard. Written comments received in advance of the public hearing will also be considered. If residents are concerned about COVID-19 or have health concerns, please refrain from coming to public meetings in person. You can live stream the meeting and contact the commissioners via phone or email as an alternative to making public comments in person. Public comment for upcoming meetings can be submitted several ways: • Email at publiccomment(a-)stlucieco.org. • Residents without Internet access can comment by phone at 772-462-1499 and TDD (telecommunications device for the deaf) number at 772-462-1428. Comments must be submitted by noon the day prior to the meeting. Comments will be distributed to the Board in advance of the meeting and included in the record provided Form 1 1-05 P&Z Ad -No Map Page 365 of 411 the comments comply with the County's rules. Comments received by phone will be either played at the meeting or transcribed in written form provided that the comments comply with the County's rules. General public comment is limited to three minutes or roughly 390 words; while comments for public hearing items are limited to five minutes or roughly 750 words. The petition file is available for review at the Planning and Development Services Department offices located at 2300 Virginia Avenue, 2nd Floor, Fort Pierce, Florida, during regular business hours. Please call (772) 462-2822 or TDD (772) 462-1428 if you have any questions or require additional information. The St. Lucie County Commission has the power to review approve or disapprove, any applications within their area of responsibility. The proceedings of the Board of County Commissioners are electronically recorded. PURSUANT TO Section 286.0105, Florida Statutes, if a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at a meeting or hearing, he or she will need a record of the proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date -certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Risk Manager at least forty-eight (48) hours prior to the meeting at (772) 462-1546 or T.D.D. (772) 462-1428. Any questions about this agenda may be referred to St. Lucie County Planning Division at (772) 462-2822. BOARD OF COUNTY COMMISSIONERS/ ST. LUCIE COUNTY, FLORIDA /S/ CHRIS DZADOWSKY, CHAIR PUBLISH DATE: Friday, November 20, 2020 18 pt type for heading No smaller than 2 column inches wide by 10 inches long Send Proof to: St. Lucie County Planning and Development Services Department 2300 Virginia Avenue Fort Pierce, FL 34982 Phone - (772) 462-2822 Fax - (772) 462-1581 Form 11-05 P&Z Ad -No Map Page 366 of 411 Send Bill to: St. Lucie County Planning and Development Services Department 2300 Virginia Avenue Fort Pierce, FL 34982 Phone - (772) 462-2822 Fax - (772) 462-1581 Form 11-05 P&Z Ad -No Map Page 367 of 411 CHAPTER IX - SIGNS 9.00.00. - PURPOSE The purpose of these sign regulations is to establish requirements for the size, character, appearance, location, installation and maintenance of signs in order to promote public safety, preserve and protect the visual beauty of the landscape and promote the general health, welfare and safety of the citizens of St. Lucie County. The Board of County Commissioners, after public hearing, finds that these regulations are necessary to maintain and enhance the visual beauty of the County, to maintain and enhance the safety for those using the public rights -of -way and other areas open to vehicular and pedestrian traffic, to protect private property rights and property values, and to provide citizens and businesses with ample and effective opportunities for identification, advertising, and the expression of ideas. The Board of County Commissioners intends that the provisions of this chapter are severable, and further intends that, should any provision be declared invalid or unconstitutional, such declaration shall not affect the part of this chapter that remains. ( Ord. No. 16-009 , Pt. A, 6-7-2016) 9.01.00. - PERMITTED PERMANENT AND AUTHORIZED TEMPORARY SIGNS 9.01.01. - Permitted Permanent Signs. The following signs or advertising structures of a permanent nature shall be permitted within the following zoning districts: A. Agricultural - 1 (AG-1); Agricultural - 2.5 (AG-2.5); Agricultural - 5 (AG-5). Maximum Type of Sign Number Nameplates 1 per dwelling unit Maximum Size Maximum Other Standards Height n/a non -illuminated 3 s.f. *Non -illuminated, 1 double-faced ground or 2 externally illuminated, or single -faced wall or ground backlit Ground or signs per entrance to 32 s.f. 10 feet *Reduce maximum sign Wall Signs residential development, farm, area by 50% if entrances or ranch. are located less than 300 ft. of one another. One per lawful driveway, I Non -illuminated, Directional otherwise as necessary for 6 s.f. n/a externally illuminated, or Signs safety backlit 50 feet above IOn y permitted along (- Billboards n/a 378 s.f. crown of road 95 and the Florida or finished Turnpike. Page 368 of 411 grade. •1,500 feet apart on same side of road. 0 200 foot minimum separation from residential zones. •See Section 9.02.02 for general billboard provisions. Public Utility n/a n/a n/a n/a Signs 1. One (1) non -illuminated nameplate per dwelling unit or structure which shall not exceed three (3) square feet in sign area. 2. One (1) double-faced, ground sign or two (2) single -faced, wall or ground signs, located at each principal entrance into a residential development, farm, or ranch, as generally depicted in Figure 9-1. Wall signs shall be located on opposite sides of such entrances. Page 369 of 411 FIGURE 9-1 DRWEYVAY OR INTERSECTMG STREET SIGN FACE ONE DOUBLE-FACED, ON PREMISES GROUND SIGN y RIVEWAY OR INTERSECTING STREET SIGN FACE' Two SINGLE FACED, ON -PREMISES WALL OR GROUND SIGNS Such signs shall only be non -illuminated, externally illuminated, or backlit, meaning illuminated by a light source which is placed behind, and shines through, the sign face. The backlighting shall be designed to minimize glare and dispersion of light other than through the sign face. No such ground or wall sign face shall exceed thirty-two (32) square feet in size and shall not exceed ten (10) feet in height. Where the distance between the nearest edges of separate entrances to the same residential development, farm, or ranch is less than three hundred (300) feet, as measured along the right-of-way of the abutting street, the maximum permitted sign area (indicated above) at such entrances shall be reduced by fifty percent (50%) (Figure 9.2). 3. Directional signs which shall not exceed six (6) square feet each in sign area, may be installed as necessary for safety. Page 370 of 411 4. Billboards shall only be permitted on properties which are physically contiguous to 1-95 and the Florida Turnpike, located so as to be visible from such highway, and as further restricted in Section 9.02.02(A). Such signs shall not be spaced less than one thousand five hundred (1,500) feet from another billboard which is on the same side of, and is directed at, the same highway. 5. Public utility signs, identifying the location of structures or facilities that may present a safety hazard, such as underground lines, high voltage areas, or the like, as needed for public safety purposes may be permitted if located so as not to create public safety hazards or interfere with rights -of -way maintenance, in the judgment of the Director of Planning and Development Services or his/her designee. FIGURE 9-2 IF THIS DISTANCE IS LESS THAN 300 FEET, THE SIGN AREA MUST SE REDUCED BY 50% ORVEAff STREET - RIGHT-OF-WAY LINE IF THIS DISTANCE IS LESS THAN 300 FEET, zxauWy THE SIGN AREA MUST BE RLDUCLD BY 50% J . .... ... E1RNVAY ... ..... ............................. __ _............... SST R IG HT.pF.WAY LINE .. .. .. .. . Page 371 of 411 B. Residential/Conservation (RIC); Agricultural Residential (AR-1); Residential, Estate-1 (RE-1); Residential, Estate-2 (RE-2); Residential, Single-Family-2 (RS-2); Residential, Single-Family-3 (RS-3); Residential, Single-Family-4 (RS-4); Planned Mixed Use Development (PMUD) - Residential (Low Intensity). Maximum Maximum Maximum Type of Sign Number Size Height Nameplates 1 per dwelling unit. 1 3 s.f. I n/a 1 double-faced ground or 2 single - Ground or faced wall or ground signs per 32 s.f. 10 feet Wall Signs entrance to residential development, farm, or ranch. Directional One per lawful driveway, Signs otherwise as necessary for safety. Public Utility Signs n/a 6 s.f. n/a n/a n/a Other Standards Non -illuminated •Non -illuminated, externally illuminated, or backlit. •Reduce maximum sign area by 50% if entrances are located less than 300 ft. of one another. Non -illuminated, externally illuminated, or backlit. n/a 1. One (1) non -illuminated nameplate per dwelling unit which shall not exceed three (3) square feet in sign area. 2. Directional signs which shall not exceed six (6) square feet each in sign area may be installed as necessary for safety. 3. One (1) double-faced, ground sign or two (2) single -faced, wall or ground signs, located at each principle entrance into a residential development, farm, or ranch, as generally depicted in Figure 9-3. Wall signs shall be located on opposite sides of such entrances. Page 372 of 411 FIGURE 9-3 DRIVEWAY OR INTE R5EC7I N[i $TREI+E y 1 SIGN FAE2_+ f 1 IIJR --I ONE DOUBLE-FACED, ON PREMISES GROUND SIGN LIH IVCWAY OR IN TERSECTI,+1G STREET SIGN FACE�I` TWO SINGLE FACED, ON -PREMISES WALL OR GROUND SIGNS Such signs shall only be non -illuminated, externally illuminated, backlit, meaning illuminated by a light source which is placed behind, and shines through, the sign face. The backlighting shall be designed to minimize glare and dispersion of light other than through the sign face. No such ground or wall sign face shall exceed thirty-two (32) square feet in size, and shall not exceed ten (10) feet in height. Where the distance between the nearest edges of separate entrances to the same residential development, farm, or ranch is less than three hundred (300) feet, as measured along the right-of-way of the abutting street, the maximum permitted sign area (indicated above) at such entrances shall be reduced by fifty percent (50%) (Figure 9-4). Page 373 of 411 FIGURE 9-4 IF THIS DISTANCE IS LESS THAN 300 FEET, 1 THE SIGN AREA MUST BE REDUCED BY 50% ".. pRhENY I iEbVFIM.Y STFfU RIGRTOF-WAY UN£ IF THIS DISTANCE IS LESS THAN 300 FEET, awe''nY THE SIGN AREA MUST BE REDUCED BY 50%W € CR�AY I STREET RIGHT-OF-WAY LINE 4. Public utility signs, identifying the location of structures or facilities that may present a safety hazard, such as underground lines, high voltage areas, or the like, as needed for public safety purposes may be permitted if located so as not to create public safety hazards or interfere with rights -of -way maintenance, in the judgment of the Director of Planning and Development Services or his/her designee. C. Residential, Mobile Home-5 (RMH-5); Residential, Multiple-Family-5 (RM-5); Residential, Multiple-Family-7 (RM-7); Residential, Multiple-Family-9 (RM-9); Residential, Multiple-Family-11 (RM-11); Residential, Multiple-Family-15 (RM-15); Planned Unit Development (PUD); Recreational Vehicle Park (RVP); Hutchinson Island Residential District (HIRD); Planned Mixed Use Development (PMUD) - Residential (Medium and High Intensities). Maximum Type of Sign Number Nameplates 1 per dwelling unit. Maximum Maximum Size I Height Multi- n/a Other Standards Non -illuminated Page 374 of 411 Ground or Wall Signs 1 double-faced ground or 2 single - faced wall or ground signs per entrance to residential development, farm, or ranch. Directional One per lawful driveway, Signs otherwise as necessary for safety. Public Utility Signs 1 2. n/a family: 1 s.f. Single- family: 3 s.f. 32 s.f. •Non -illuminated externally illuminated, or backlit. 10 feet •Reduce maximum sign area by 50% if entrances are located less than 300 ft. of one another. n/a Non -illuminated, externally illuminated, or backlit. n/a I n/a One (1) non -illuminated nameplate per dwelling unit consistent with the following maximum sign area standards: a.) Single Family: Three (3) square feet b.) Multi -Family: One (1) square foot One (1) double-faced, ground sign or two (2) single -faced, wall or ground signs, located at each principle entrance into a residential development, farm, or ranch, as generally depicted in Figure 9-5. Wall signs shall be located on opposite sides of such entrances. Page 375 of 411 FIGURE 9-S ORIVEWAY OR INTERSECTING STREE� SIGN FACE H - I ONE DOUBLE-FACED. ON PREMISES GROUND SIGN jj RIVE WAY OR INTERSECTING STREET SIGN FACES TWO SINGLE FACED, ON -PREMISES WALL OR GROUND SIGNS Such signs shall only be non -illuminated, externally illuminated, backlit, meaning illuminated by a light source which is placed behind, and shines through, the sign face. The backlighting shall be designed to minimize glare and dispersion of light other than through the sign face. No such ground or wall sign face shall exceed thirty-two (32) square feet in size, and shall not exceed ten (10) feet in height. Where the distance between the nearest edges of separate entrances to the same residential development, farm, or ranch is less than three hundred (300) feet, as measured along the right-of-way of the abutting street, the maximum permitted sign area (indicated above) at such entrances shall be reduced by fifty percent (50%) (Figure 9-6). Page 376 of 411 FIGURE 9-G IF THIS DISTANCE 13 LESS THAN 300 FEET, I HE SIGN AREA MUST BE REDUCED BY 50% oRNEwAr DRNEWAY STREET Fm3HT 4�F. AY l IN:= - F— W IF THIS DISTANCE IS LESS THAN 300 FEET, DRIVEWAY W THE SIGN AR EA MUST BE REDUCED By 60%1 CC L7i - -- -- uHrvLwnr ----- ----- STREET - - - - - • RICW-OF-WAY LINE - - 3. Directional signs, which shall not exceed six (6) square feet in sign area, may be installed as necessary for safety. 4. Public utility signs, identifying the location of structures or facilities that may present a safety hazard, such as underground lines, high voltage areas, or the like, as needed for public safety purposes may be permitted if located so as not to create public safety hazards or interfere with rights -of -way maintenance, in the judgment of the Director of Planning and Development Services or his/her designee. D. Commercial, Office (CO); Planned Mixed Use Development (PMUD) - Professional Service/Office (Low, Medium, and High Intensities). Maximum Maximum Type of Sign I Number Height Maximum Size Other Standards Nameplates 1 per occupant. 3 s.f. n/a None Page 377 of 411 TIO Non -illuminated, feet for externally RES, MXD, or illuminated, or 1 per establishment or 1 s.f. for every 2 AG Future backlit for RES, MXD, group of linear feet of Land Uses. or AG Future Land Ground Signs establishments having frontage - 100 s.f. Uses. at least 50 linear feet of maximum. frontage. 20 feet for all None - all other other Future Future Land Uses. Land Uses. Total Sign Area: 10% Non -illuminated, of wall face area externally fronting on main illuminated, or street for RES, MXD, backlit for RES, MXD, Wall, Projecting, or AG Future Land or AG Future Land and/or Canopy Uses. Uses. n/a n/a Signs (Attached Canopies Only) Total Sign Area: 20% of wall face area None - all other fronting on main Future Land Uses. street for all other Future Land Uses. Non -illuminated, One per lawful externally Directional Signs driveway, otherwise as 6 s.f. n/a illuminated, or necessary for safety. backlit. Public Utility n/a n/a n/a n/a Signs 1. One (1) nameplate per occupant which shall not exceed two (2) square feet in sign area. 2. Any establishment or group of establishments that has a street lot frontage of fifty (50) feet or more, shall be permitted one (1) ground sign which shall not exceed a sign area equal to one (1) square foot for every two (2) linear feet of street frontage, up to a maximum of one hundred (100) square feet. Such ground signs shall also be consistent with the following standards: Page 378 of 411 a.) For property that is located within any non-residential, non-agricultural Future Land Use District, as established in the St. Lucie County Comprehensive Plan, ground signs shall not exceed a height of twenty (20) feet. b.) For property that is located within the MXD or any residential or agricultural Future Land Use District, as established in the St. Lucie County Comprehensive Plan, ground signs shall not exceed a height of ten (10) feet. Such signs shall only be non - illuminated, externally illuminated, or backlit, meaning illuminated by a light source which is placed behind, and shines through, the sign face. The backlighting shall be designed to minimize glare and dispersion of light other than through the sign face. 3. Wall, projecting, and/or canopy signs (attached canopy only) consistent with the following standards: a.) For property that is located within any non-residential, non-agricultural Future Land Use District, as established in the St. Lucie County Comprehensive Plan, total wall, projecting, and/or canopy sign area may equal up to twenty percent (20%) of the total wall face area fronting the main street. b.) For property that is located within the MXD or any residential or agricultural Future Land Use District, as established in the St. Lucie County Comprehensive Plan, total wall, projecting, and/or canopy sign area may equal up to ten percent (10%) of the total wall face area fronting the main street. Such signs shall only be non -illuminated, externally illuminated, or backlit, meaning illuminated by a light source which is placed between a background and the sign face. Up to fifty percent (50%) of the permitted wall, projecting, or canopy sign area may be located on any other wall face of the same building or on any other canopy which is attached to such building. 4. Directional signs which shall not exceed six (6) square feet in sign area may be installed as necessary for safety. 5. Public utility signs, identifying the location of structures or facilities that may present a safety hazard, such as underground lines, high voltage areas, or the like, as needed for public safety purposes may be permitted if located so as not to create public safety hazards or interfere with rights -of -way maintenance, in the judgment of the Director of Planning and Development Services or his/her designee. E. Commercial, Neighborhood (CN); Commercial Resort (CR); Institutional (1); Religious Facilities (RF); Planned Mixed Use Development (PMUD) - Institutional (Low, Medium, and High Intensities), General Commercial (Low Intensity), and Public Service/Utilities (Low Intensity). Maximum Maximum Other Type of Sign Maximum Size Number Height Standards Total Sign Area: 10% of wall face area Wall, Projecting, fronting on the main and/or Canopy street for RES, MXD, or Signs (Attached n/a AG Future Land Uses. n/a None Canopies Only) Total Sign Area: 20% of wall face area fronting on the main I Page 379 of 411 Canopy Signs street - all other Future Land Uses. Total Sign Area: 10% of total canopy face area - 23 s.f. maximum per canopy face - RES, MXD, or AG 4 per face of free- Future Land Uses. standing canopy structures. Total Sign Area: 20% of total canopy face area - 45 s.f. maximum per canopy face - all other Future Land Uses. 1 per establishment or Ground Signs group of establishments having at least SO linear feet of frontage. Pedestrian Signs 1 per establishment. Rear Entrance Wall Sign 1 per establishment. One per lawful driveway, Directional Sign otherwise as necessary for safety. Public Utility Sign n/a n/a 10feet for RES, MXD, or AG Future 1 s.f. for every 2 linear Land Uses. feet of frontage - 100 s.f. maximum. 120 feet for all other Future Land Uses. 6 s.f. n/a 6 s.f. 6 s.f. n/a None None None n/a None Non -illuminated, externally n/a illuminated, or backlit n/a n/a Page 380 of 411 Wall, projecting, and/or canopy signs (attached canopy only) consistent with the following standards: a. For property that is located within any non-residential, non-agricultural Future Land Use District, as established in the St. Lucie County Comprehensive Plan, total wall, projecting, and/or canopy sign area may equal up to twenty percent (20%) of the total wall face area fronting the main street. b. For property that is located within the MXD or any residential or agricultural Future Land Use District, as established in the St. Lucie County Comprehensive Plan, total wall, projecting, and/or canopy sign area may equal up to ten percent (10%) of the total wall face area fronting the main street. Up to fifty percent (50%) of the permitted wall, projecting, or canopy sign area may be located on any other wall face of the same building or on any other canopy attached to such building. 2. A maximum of four (4) canopy signs per face of free-standing canopy structure(s), consistent with the following standards: For property that is located within any non-residential, non-agricultural Future Land Use District, as established in the St. Lucie County Comprehensive Plan, total canopy sign area may equal up to twenty percent (20%) of the total canopy face area, except that no single canopy face shall have more than forty-five (45) square feet of sign area. b. For property that is located within the MXD or any residential or agricultural Future Land Use District, as established in the St. Lucie County Comprehensive Plan, total canopy sign area may equal up to ten percent (10%) of the total canopy face area, except that no single canopy face shall have more than twenty-three (23) square feet of sign area. 3. Any establishment or group of establishments that has a street lot frontage of fifty (50) linear feet or more, shall be permitted one (1) ground sign. Such sign shall not exceed a sign area equal to one (1) square foot for every two (2) linear feet or major fraction thereof of street lot frontage up to a maximum of one hundred (100) square feet. Such ground signs shall also be consistent with the following standards: For property that is located within any non-residential, non-agricultural Future Land Use District, as established in the St. Lucie County Comprehensive Plan, ground signs shall not exceed a height of twenty (20) feet. For property that is located within the MXD or any residential or agricultural Future Land Use District, as established in the St. Lucie County Comprehensive Plan, ground signs shall not exceed a height of ten (10) feet. 4. One (1) pedestrian sign per establishment which shall not exceed six (6) square feet in sign area. 5. One (1) rear entrance wall sign per establishment which shall not exceed six (6) square feet in sign area. 6. Directional signs, which shall not exceed six (6) square feet each in sign area, may be installed as necessary for safety. 7. Public utility signs, identifying the location of structures or facilities that may present a safety hazard, such as underground lines, high voltage areas, or the like, as needed for public safety purposes may be permitted if located so as not to create public safety hazards or interfere with rights -of -way maintenance, in the judgment of the Director of Planning and Development Services or his/her designee. Page 381 of 411 F. Commercial General (CG); Industrial Light (IL); Industrial Heavy (IH); Industrial Extraction (IX); Utilities (U); Planned Mixed Use Development (PMUD) - General Commercial (Medium and High Intensities), Public Service/Utilities (Medium and High Intensities), Industrial (Medium and High Intensities). Type of Sign Wall, Projecting, and/or Canopy Signs (Attached Canopies Only) Canopy Signs (Free-standing canopies) Ground Signs Maximum Number Maximum Size Total Sign Area: 4 per establishment. 20% of wall face area fronting on main street. Total Sign Area: 4 per face of free- 20% of total canopy face standing canopy. area - 45 s.f. maximum per canopy face. For establishments having from 50 to 150 linear ft. of frontage: 1 s.f. for every 1 linear ft. of frontage - 150 s.f. 1 per establishment maximum. having at least 50 linear ft. of frontage. For establishments having over 150 ft. of frontage: 1 s.f. for every 1% ft. of frontage, or 150 s.f., whichever is greater - 200 s.f. maximum. 7 1 s.f. for every 1% linear 1 additional sign for ft. of frontage in excess establishments having of first 300 ft.- 200 s.f. over 300 ft. of frontage. maximum. 1 additional sign for establishments having at least 300 ft. of frontage and outdoor 100 s.f. Maximum Height Other Standards n/a I None n/a I None Sign area of individual signs 30 feet. may be aggregated, except that no single sign shall exceed 200 s.f. Page 382 of 411 displays (LDC Sectior 7.10.02). Pedestrian Signs 1 per establishment Rear Entrance Wall Sign 1 per establishment Directional One per lawful Sign driveway, otherwise as necessary for safety. s.f. s.f. 6 s.f. n/a I None n/a I None n/a I None *Only permitted along 1-95, the Florida Turnpike and those roadways identified 935 ft. above in Section crown of 9.02.02(A). road. 91,500 foot apart 950 ft. above on same side of Billboards n/a 378 s.f. crown of road. road along 1- 9200 foot min. 95 and Fla. separation from Tnpk. residential zones or use areas. *See Section 9.02.02(A) for additional standards. Public Utility n/a n/a n/a n/a Signs 1. Billboards shall only be permitted on properties which are physically contiguous to 1-95, the Florida Turnpike, U.S. 1, Orange Avenue, and Kings Highway/Turnpike Feeder Road, located so as to be visible from such highway, and as further restricted in Section 9.02.02(A). Such signs shall not be spaced less than one thousand five hundred (1,500) Page 383 of 411 feet from another billboard which is on the same side of, and is directed at, the same highway. 2. A maximum of four (4) wall, projecting, and/or canopy signs (on attached canopies only) per establishment. Such sign(s) shall not exceed a total sign area equal to twenty percent (20%) of the total wall face area of each establishment fronting on the main street. Fifty percent (50%) of such permitted sign area may be located on any other wall surface of the same building or on any other canopy attached to such building. 3. A maximum of four (4) canopy signs per face of free-standing canopy structure(s). Such signs shall not exceed a total sign area of twenty percent (20%) of the total canopy face area, except that no single canopy face shall have more than forty-five (45) square feet of sign area. 4. Any establishment or group of establishments having from fifty (50) to one hundred fifty (150) linear feet of frontage shall be permitted one (1) ground sign. Such sign shall not exceed a sign area equal to one (1) square foot for every one (1) linear foot or major fraction thereof of street lot frontage. Establishments or groups of establishments having more than one hundred fifty (150) linear feet of frontage, shall be permitted one (1) ground sign. Such sign shall not exceed a sign area equal to either one (1) square foot for every one and one-half (1'/2) linear feet of street lot frontage, or one hundred fifty (150) square feet, whichever is greater, up to a maximum of two hundred (200) square feet. One (1) additional ground sign shall be permitted when the street lot frontage exceeds three hundred (300) linear feet. The second ground sign shall not exceed a sign area equal to one (1) square foot for every one and one-half (1'/2) linear feet of street lot frontage in excess of the first three hundred (300) feet of frontage. The sign area of individual signs may be aggregated, except that no single sign shall exceed a sign area of two hundred (200) square feet. Ground signs shall not exceed a height of thirty (30) feet. 5. For any establishment or group of establishments that has a street frontage of three hundred (300) linear feet or more and which has outdoor displays as provided for in Section 7.10.02 of this Code, the Planning and Development Services Director or his/her designee may allow for the placement of two (2) additional ground signs, using and subject to the procedures set forth in Section 9.04.01. The Director or his/her designee shall allow for such additional signage when it is shown that operation as provided under Section 7.10.02 creates a specific need. Such additional signs may not exceed one hundred (100) square feet in area nor shall they exceed a height of thirty (30) feet. 6. One (1) pedestrian sign per establishment which shall not exceed six (6) square feet in sign area. 7. One (1) rear entrance wall sign per establishment which shall not exceed six (6) square feet in sign area. 8. Directional signs which shall not exceed six (6) square feet in sign area may be installed as necessary for safety. 9. Public utility signs, identifying the location of structures of facilities that may present a safety hazard, such as underground lines, high voltage areas, or the like, as needed for public safety purposes may be permitted if located so as not to create public safety hazards or interfere with rights -of -way maintenance, in the judgment of the Planning and Development Services Director or his/her designee. ( Ord. No. 2013-39 , § A, 12-17-13; Ord. No. 15-002 , Pt. A, 4-7-2015; Ord. No. 16-009 , Pt. A, 6-7- 2016) Page 384 of 411 9.01.02. - Authorized Temporary Signs. A temporary sign is any sign that does not meet the construction standards of the Florida Building Code and that, for a limited period of time, conveys any message relating to a special event or other occurrence of limited duration, such as an election, a building under construction, real estate for sale, rent or lease, or a business grand opening. Temporary signs include, without limitation, portable signs and sidewalk signs. Temporary signs of the types described below in this section are allowable, subject to the following general requirements: 1. No temporary sign may have any characteristic that renders it a prohibited sign under Section 9.03.00. 2. No temporary sign may be located at the intersection of two (2) streets or roadways, or within the segment created by the curb or road edges and an imaginary line between the points thirty (30) feet back from where the curb lines of the intersection quadrant intersect. 3. No temporary sign shall be illuminated. 4. Temporary signs may be erected only if located wholly on private property, by or with the permission of the property owner. 5. Temporary signs must be capable of being moved and removed immediately and must be removed and stored indoors if a hurricane or other high -wind weather event is forecast to occur within twenty-four (24) hours. 6. Temporary signs must be removed within ten (10) days after conclusion of the event or termination of the circumstance to which they relate. 7. Except as stated below with respect to a specific type of temporary sign, allowable temporary signs may be erected without a permit. Subject to the foregoing general regulations, specific temporary signs are allowable subject to the following additional provisions: A. Commercial Temporary Signs. Temporary signs relating to a commercial establishment, product, or service, or related to the sale or rental of nonresidential real estate, are classified as commercial temporary signs and shall be subject to the following regulations: 1. Commercial temporary signs shall be limited to one (1) sign per parcel, establishment, dwelling unit, or per every five (5) acres or fraction thereof providing no more than one (1) sign per three hundred (300) feet of frontage shall be allowed on any one (1) parcel of property regardless of total acreage. A maximum of three (3) signs per parcel shall be provided on a single road frontage. 2. Commercial temporary signs shall not exceed the following maximum sign areas in square feet by zoning district and parcel size: Zoning District AG-1 AGRICULTURAL - 1 AG-2.5 AGRICULTURAL - 2.5 Parcel Size <1 >1 ACRE ACRE 6 s.f. 16 s.f. 6 s.f. 16 s.f. Page 385 of 411 AG-5 AGRICULTURAL - 5 6 s.f. R/C RESIDENTIAL/CONSERVATION 6 s.f. AR-1 AGRICULTURAL, RESIDENTIAL - 1 6 s.f. RE-1 RESIDENTIAL, ESTATE - 1 6 s.f. RE-2 RESIDENTIAL, ESTATE - 2 6 s.f. RS-2 RESIDENTIAL, SINGLE FAMILY - 2 6 s.f. RS-3 RESIDENTIAL, SINGLE FAMILY - 3 6 s.f. 16 s.f. 16 s.f. 16 s.f. 16 s.f. 16 s.f. 16 s.f. 16 s.f. RS-4 RESIDENTIAL, SINGLE FAMILY - 4 6 s.f. 16 s.f. RMH-5 RESIDENTIAL, MOBILE HOME - 5 16 s.f. 16 s.f. RM-5 RESIDENTIAL, MULTIPLE FAMILY - 5 16 s.f. 16 s.f. RM-7 RESIDENTIAL, MULTIPLE FAMILY - 7 16 s.f. 16 s.f. RM-9 RESIDENTIAL, MULTIPLE FAMILY - 9 16 s.f. 16 s.f. RM-11 RESIDENTIAL, MULTIPLE FAMILY - 11 16 s.f. 16 s.f. RM-15 RESIDENTIAL, MULTIPLE FAMILY - 15 16 s.f. 16 s.f. CN COMMERCIAL, NEIGHBORHOOD 16 s.f. 16 s.f. COMMERCIAL, OFFICE 16 s.f. 16 s.f. COMMERCIAL, GENERAL 32 s.f. 32 s.f. INDUSTRIAL, LIGHT 32 s.f. 32 s.f. I INDUSTRIAL, HEAVY 32 s.f. 32 s.f. INDUSTRIAL, EXTRACTION 32 s.f. 32 s.f. CO CG IL IH IX Page 386 of 411 UTI LITI ES INSTITUTIONAL RELIGIOUS FACILITIES RECREATIONAL VEHICLE PARK TCHINSON ISLAND RESIDENTIAL DISTRIi PLANNED UNIT DEVELOPMENT ANNED NONRESIDENTIAL DEVELOPMEI` PLANNED MIXED USE DEVELOPMENT 6 s.f. 32 s.f. 6 s.f. 32 s.f. 6 s.f. 16 s.f. 6 s.f. 16 s.f. :T 6 s.f. 16 s.f. 6 s.f. 16 s.f. T 6 s.f. 32 s.f. 6 s.f. 32 s.f. 3. For properties exceeding five (5) acres, the sign area of individual signs, as indicated above, may be aggregated, except that no single sign may exceed an area of three hundred seventy-eight (378) square feet. B. Non-commercial Temporary Signs. Non-commercial temporary signs are temporary signs that do not fall within the definition of commercial temporary signs. 1. Non-commercial temporary signs shall not exceed the following maximum sign areas by Zoning District: Zoning District AG-1 AGRICULTURAL - 1 AG-2.5 AGRICULTURAL - 2.5 AG-5 AGRICULTURAL - 5 R/C RESIDENTIAL/CONSERVATI AR-1 AGRICULTURAL, RESIDENTIP RE-1 RESIDENTIAL, ESTATE - Maximum Sign Size Maximum Cumulative Sign Area 64 s.f. 16 s.f. 16 s.f. 64 s.f. 16 s.f. 64 s.f. DN 6 s.f. 32 s.f. L - 1 6 s.f. 32 s.f. 32 s.f. 6 s.f. Page 387 of 411 RE-2 RESIDENTIAL, ESTATE - 2 FIRS-2 RESIDENTIAL, SINGLE FAMILY - 2 FIIS-3 RESIDENTIAL, SINGLE FAMILY - 3 RS-4 RESIDENTIAL, SINGLE FAMILY - 4 RMH-5 RESIDENTIAL, MOBILE HOME - 5 RM-5 RESIDENTIAL, MULTIPLE FAMILY - 5 RM-7 RESIDENTIAL, MULTIPLE FAMILY - 7 6 s.f. 32 s.f. 6 s.f. 32 s.f. 6 s.f. 32 s.f. 6 s.f. 32 s.f. 6 s.f. 32 s.f. 6 s.f. 32 s.f. 6 s.f. 32 s.f. RM-9 RESIDENTIAL, MULTIPLE FAMILY - 9 6 s.f. 32 s.f. RM-11 RESIDENTIAL, MULTIPLE FAMILY - 11 6 s.f. 32 s.f. RM-15 RESIDENTIAL, MULTIPLE FAMILY - 15 6 s.f. 32 s.f. CN COMMERCIAL, NEIGHBORHOOD 6 s.f. 32 s.f. CO COMMERCIAL, OFFICE 6 s.f. 32 s.f. CG COMMERCIAL, GENERAL 32 s.f. 64 s.f. IL INDUSTRIAL, LIGHT 32 s.f. 64 s.f. IH INDUSTRIAL, HEAVY INDUSTRIAL, EXTRACTION UTILITIES INSTITUTIONAL RELIGIOUS FACILITIES RECREATIONAL VEHICLE PARK 32 s.f. 64 s.f. IX 32 s.f. 64 s.f. U 32 s.f. 64 s.f. 32 s.f. I 16 s.f. RF 6 s.f. 32 s.f. 32 s.f. RVP 16 s.f. Page 388 of 411 HIRD HUTCHINSON ISLAND RES. DISTRICT PUD PLANNED UNIT DEVELOPMENT PNRD PLANNED NONRES. DEVELOPMENT PMUD PLANNED MIXED USE DEVELOPMENT 6 s.f. 32 s.f. 6 s.f. 32 s.f. 16 s.f. 32 s.f. 16 s.f. 32 s.f. C. Temporary Flags, Banners, and Pennants Requiring a Permit. Flags which are not exempt from permitting under Section 9.04.00, banners, and/or pennants may be erected on a temporary basis upon the issuance of a permit. Such permit shall be issued by the Planning and Development Services Director or his/her designee using and subject to the procedures set forth in Section 9.04.01; provided that the Planning and Development Services Director or his/her designee shall grant or deny such permit within fifteen (15) days from receipt of a completed application. Such permit shall be granted provided that [a] the requirements of this Code are otherwise met; [b] no more than four (4) permits per year for one (1) professionally made banner shall be issued to any one (1) applicant, or a single applicant with more than three hundred (300) linear feet of roadway frontage may be permitted to have one banner every three hundred (300) linear feet of roadway frontage, [c] may be displayed for no more than a total of sixty (60) calendar days per year, and [d] also may be permitted during the holiday season from October 15 to January 2, when the above criteria are met and shall not count as part of the aforementioned sixty (60) day limit and [e] shall be no greater than 32 square feet, and [f] such flag, banner, or pennant shall not exhibit any other characteristic of a prohibited sign under Section 9.03.00. Such flags, banners, and pennants shall be removed by the permittee upon the expiration of the permit. D. Sidewalk Signs. One (1) temporary, movable sign that rests on but is not secured or attached to the ground, is permitted in commercial areas to be placed by a business or other occupant outside its premises as long as the sign does not impede the use of the sidewalk or block access to any part of the building or sidewalk as determined by applying the clearance standards under the 2012 Florida Accessibility Code for Building Construction. Such signs shall not contain content larger than eight (8) square feet with not more than two (2) sign faces, shall not be placed in the parking, county right-of-way or drainage swale and shall be placed not farther than twenty (20) feet from the entrance to the business. Such signs may be displayed only during the time the premises are open to the public, and must be stored inside the premises at other times. A permit for a temporary sidewalk sign is not required. ( Ord. No. 2013-39, § A, 12-17-13 ; Ord. No. 15-002, Pt. A, 4-7-2015 ; Ord. No. 16-009 , Pt. A, 6-7- 2016) 9.02.00. - GENERAL PROVISIONS In addition to the requirements set forth in Sections 9.01.01 and 9.01.02, the following general provisions shall apply to specific types of signs: 9.02.01. - Signs Other Than Billboards. A. Wall Signs. Page 389 of 411 Shall not extend more than eighteen (18) inches from the wall or facade of the building to which they are attached. Shall not extend more than twenty-four (24) inches above the roof or parapet of a building, whichever is greater. Shall be adequately constructed and securely anchored in accordance with the Florida Building Code. Page 390 of 411 Figure 9-7 SIGN AREA Maximum permitted height above roof or parapet -24" I WALL SIGN 51 GN Maximum projection from wall face —18" TYPICAL WALL SIGN PLACEMENT AT ROOF PARAPET LINE TYPICAL WALLSIGN PLACEMENT ADJACENT TO BUILDING WALL Page 391 of 411 B. Mansard and Marquee Signs. Mansard and marquee signs shall conform to Wall Sign provisions, Section 9.02.01(A). C. Projecting Signs. Shall provide a vertical clearance of not less than nine (9) feet over any pedestrian walkway or fourteen (14) feet over any vehicular driveway. Shall not extend closer (leading edge measured horizontally) than eighteen (18) inches to the curbface or, where no curb is installed, to the curbline as established by the County Engineer. 3. Shall not extend more than twenty-four (24) inches above the roof or parapet of a building, whichever is greater. 4. Shall be adequately constructed and securely anchored in accordance with the Florida Building Code. D. Ground Signs. Shall not exceed a total height of thirty (30) feet except as may be further restricted in this Code, and fifty (50) feet total height along those properties which are physically contiguous to and within fifty (50) feet of the right-of-way boundary of the Florida Turnpike and 1-95. The height of ground signs may either be measured from the crown of the road or at finished grade. If an applicant for a ground sign permit elects to measure the height from the crown of the road, the applicant shall submit, at the time of application for such permit, a survey of the property and of the abutting street. Shall not be located less than eighteen (18) inches (leading edge measured horizontally) from any public right-of-way line, adjacent property line, or structure. Shall provide a vertical clearance of not less than nine (9) feet over any pedestrian walkway or fourteen (14) feet over any vehicular driveway. 4. When an access way intersects a public or private right-of-way or when the subject property abuts the intersection of two (2) or more public or private rights -of -way, all ground signs within the triangular area described below shall have a height of not more than three (3) feet or a vertical clearance of not less than ten (10) feet, and shall not have poles or support structures which are individually greater than twelve (12) inches in diameter. The triangular area referenced above is the area of property located at the corner formed by the intersection of two (2) public or private rights -of -way, or at each corner formed by the intersection of an access way with a public or private right-of-way. Two (2) sides of such triangular area shall be twenty (20) feet in length as measured horizontally from the point of intersection, and the third side shall be a line connecting the ends of the two (2) other sides. Shall be adequately constructed and securely anchored in accordance with the Florida Building Code. Shall have a landscaped area around its base which extends a minimum distance of three (3) feet in all directions. Such landscaped area shall be completely covered by natural drought - tolerant ground cover and shrubs, hedges or similar vegetative materials. The Planning and Development Services Director shall grant relief from this landscaping requirement for billboards which are located on properties that are physically contiguous to 1-95 or the Florida Turnpike if it is determined that such signs are located more than one hundred (100) feet from a developed area as defined in Section 2.00.00 of this Code. Page 392 of 411 FICTURE 9-10 E. Pedestrian Signs. 1. Shall provide a vertical clearance of not less than nine (9) feet over any pedestrian walkway. 2. Shall not extend beyond the underside of a cantilevered roof, portico, or other overhang. 3. Where the underside of an overhang exceeds a height of thirteen (13) feet, a pedestrian sign may be attached to the exterior wall from which such overhang extends. When a pedestrian sign is attached to a wall, such sign shall not extend (leading edge measured horizontally) more than thirty-six (36) inches from the wall face of any building. 4. Shall include only the name and/or address of the establishment or use. F. Canopy Signs. 1. Shall not extend more than eighteen (18) inches from the face of the canopy to which they are attached. 2. Shall not extend above the roof or below the underside of the canopy to which they are attached. 3. Shall be adequately constructed and securely anchored in accordance with the Florida Building Code. 4. The height of individual canopy faces, for purposes of measuring sign area, shall be measured from the roof to the underside of the canopy. ( Ord. No. 2013-39, § A, 12-17-13 ; Ord. No. 16-009 , Pt. A, 6-7-2016) 9.02.02. - Billboards. A. Shall not be located along any roadway other than the following: 1.) Florida's Turnpike Indian River county line to Martin county line 2.) 1-95 Indian River county line to Martin county line 3.) US #1 Indian River county line to Martin county line except as may be further restricted in Section 9.01.01, of this Code. Page 393 of 411 B. Shall not exceed a sign area of three hundred seventy-eight (378) square feet including all trim, molding, or skirting, except as may be further restricted in this Code. C. Shall not exceed a sign face dimension of thirty-six (36) feet horizontally or twelve (12) feet vertically including all trim, molding, or skirting. D. Shall not exceed a total height above the crown of the road of thirty-five (35) feet, except as may be further restricted in this Code, and fifty (50) feet total height above grade along the Florida Turnpike and 1-95. The height of billboards that are ground signs may either be measured from the crown of the road or at finished grade. If an applicant for a ground sign permit elects to measure the height from the crown of the road, the applicant shall submit, at the time of application for such permit, a survey of the property and of the abutting street. E. Shall be located a minimum of twenty-five (25) feet from any street right-of-way or property line. F. Shall not be located closer to a right-of-way line than any building on contiguous property if such building is situated within one hundred (100) feet of the sign. G. Shall not be located within a radius of two hundred (200) feet of any residential zone or residential use area within an approved Planned Unit Development or Planned Mixed Use Development Project. H. Shall not be located so as to face a lot on the same street occupied by a religious facility, public school, public park, playground, beach, civic area, or cemetery, nor nearer to such uses than a radius of two hundred (200) feet. I. Shall comply with Section 9.02.01(D) where the billboard is also a ground sign. J. Shall not be located on Hutchinson Island. ( Ord. No. 16-009 , Pt. A, 6-7-2016) 9.03.00. - PROHIBITED SIGNS No sign, whether otherwise allowable or exempt from permitting, may have any characteristic that renders it a prohibited sign. The following signs or types of signs shall be prohibited: A. Roof signs. B. Portable signs, other than allowable sidewalk signs, and trailer signs. C. Reserved. D. Snipe signs. E. Signs attached to any tree, shrub, plant, or rock. F. Signs located over or on any public right-of-way, except: Public directional and regulatory signs, erected by any duly authorized state or local government in accordance with applicable Florida Department of Transportation Design standards; 2. Bus bench signs; and 3. One sign per parcel in Commercial Neighborhood (CN), Commercial Office (CO), Institutional (1), Religious Facilities (RF), Commercial General (CG), Industrial Light (IL), Industrial Heavy (IH), Industrial Extraction (IX), and Utilities (U) zoning districts, provided that: a. It is located on the property of the applicant or the adjacent property; Page 394 of 411 b. It does not exceed four (4) square feet in total sign area; C. It is erected in accordance with applicable Florida Department of Transportation design safety standards; d. It is not located within any State or Federal right-of-way; e. It is not located within twenty (20) feet of any intersecting street or driveway connection; f. It is not located within any utility easement or surface drainage swale; provided; g. The sign does not contravene any other applicable regulation or restriction of St. Lucie County. G. Any privately -owned signs attached to or placed within any public right-of-way upon any utility pole, street light, sidewalk curb, fire hydrant, bridge, or any other similar public or utility structure. H. Flashing, animated, fire- or smoke -emitting, changeable -message, or noise -making signs, except for one (1) variable electronic message sign per parcel or group of parcels under a uniform site development plan, provided that the message sign does not exceed an overall area of thirty (30) square feet (three (3) feet x ten (10) feet typical dimension); the message displays shall be on a black background with a single color copy; the message display shall not scroll, flash or blink, and message display copy shall not change more frequently than once every five (5) seconds. Any such message sign shall be counted as part of the overall signage for the property or project site; must be a part of one (1) of the ground signs associated with the property or project site. Dimensional limitations in this paragraph may be waived by application to the Planning and Development Services Director for property located in the Institutional Zoning District with frontage on an arterial roadway. The site development plan on which such sign is proposed must be greater than 20 acres and the sign must be located adjacent to the arterial roadway and set back from the property line at least 50 feet. I. Signs in motion, including swinging, rotating, or revolving signs or similar moving devices designed to attract attention by motion or illusionary motion. J. Signs that copy or imitate official governmental signs or that incorrectly purport to have official governmental status. K. Signs that display any written or graphic message that is lewd, lascivious, or obscene based on contemporary community standards. L. Signs that obstruct or interfere with any door, fire exit, stairway, ladder, or opening intended to provide light, air, ingress, or egress for any building. M. Any sign, whether otherwise allowable or exempt under this chapter, that, in the judgment of the Planning and Development Services Director, determined without reference to the content of the sign except as stated below in this paragraph constitutes a traffic safety hazard by reason of size, location, movement, or method of illumination; obstructs the vision of motorists or pedestrians; obstructs or interferes with any official traffic control device; or utilizes flashing or revolving red, green, blue, or amber lights, creates glare, or utilizes the words "stop," "look," "danger" or any other word, phrase, symbol, or character in such a manner as to interfere with, mislead or confuse traffic. N. Signs that utilize fluorescent colors in the yellow or red spectrums. O. Flags which are not exempt from permitting under Section 9.04.00, and except for temporary flags, banners, and pennants as permitted in Section 9.01.02(C). P. Signs that contain any mirror or mirrored device. Q. Vehicular signs. R. Any unpermitted sign not exempt from permitting under this chapter. Page 395 of 411 ( Ord. No. 2013-39, A, 12-17-13 ; Ord. No. 16-009 , Pt. A, 6-7-2016) 9.04.00. - PERMITTING AND EXEMPTIONS 9.04.01. - Permitting. A. Except as specifically exempted in Section 9.01.02 or Section 9.04.02, the erection, physical alteration, reconstruction, or physical conversion of any sign shall not be commenced without obtaining a Sign Permit from the Planning and Development Services Director. No Sign Permit shall be issued for development without the concurrent issuance of a Certificate of Zoning Compliance as provided by Section 11.05.00 of this Code. No permit shall be required for the sole purpose of changing content, including wording and graphics, on a lawfully existing sign that otherwise complies with the requirements of this Code both before and after such change. B. The process for obtaining a Sign Permit shall be the same as the process for obtaining a Building Permit pursuant to Chapter XI of this Code, except as specifically modified in this Section. The application shall be made on such form as the Planning and Development Services Director or his/her designee shall prescribe, which shall include a depiction of the proposed sign, its specifications including height, sign area, dimensions, location on the site and in relation to other structures and rights -of -way, means of support, method of illumination, if any, and such other information as the Planning and Development Services Director or his/her designee may require to determine whether the proposed sign meets the requirements of this Chapter. C. The Planning and Development Services Director or his/her designee shall grant or deny an application for a Sign Permit and Certificate of Zoning Compliance applicable to such application, within thirty (30) days from receipt of a complete application. The Planning and Development Services Director or his/her designee shall notify the applicant within fifteen (15) days from receipt of any application, or amendment or supplement thereto, if the application is incomplete, and shall notify the applicant of the information necessary to complete the application. The applicant has the option of supplying such information or, if the applicant deems the application complete despite such notification, upon notifying the Planning and Development Services Director or his/her designee who shall then treat the application as complete. Any application for a Sign Permit that is not granted or denied within thirty (30) days from receipt of a completed application shall be deemed denied. D. The Planning and Development Services Director or his/her designee shall grant the Sign Permit upon receipt of a completed application with all required fees, upon finding that the proposed sign conforms to all requirements of this Chapter; otherwise, the application shall be denied. The content of a proposed sign shall not be material to the grant or denial of a Sign Permit, except as necessary to determine that a sign conforms to the specific requirements of this Chapter. E. The denial of an application for Sign Permit may be appealed by the applicant to the Board of Adjustment in accordance with Chapter XI of this Code, within thirty (30) days from denial. The Board of Adjustment shall render its decision within forty-five (45) days from the date the appeal is filed. Any Sign Permit applicant aggrieved by a decision of the Board of Adjustment may seek review by certiorari in the Circuit Court in accordance with Chapter XI of this Code, within thirty (30) days from rendition of the decision of the Board of Adjustment. ( Ord. No. 2013-39, A, 12-17-13 ) 9.04.02. - Exceptions. The following signs shall not be required to have a sign permit, provided they do not otherwise violate any specific prohibition in this Chapter and they are not designed or located so as to cause or create a risk to public safety, as set forth in Section 9.03.00(M): A. Residential nameplates that comply with this Chapter. Page 396 of 411 B. Temporary signs providing they comply with Section 9.01.02 of this Chapter. C. Signs that are not visible from any roadway or adjoining property. D. Memorial signs or tablets within duly licensed cemeteries. E. Public convenience signs, communicating the location of restrooms or public telephones. F. Public warning signs, indicating the dangers of trespassing, swimming, animals, or the like. G. Seasonal displays or decorations not advertising a product, service, or establishment. H. Garage or yard sale signs providing they are removed by sunset of the last day of the sale. I. Non -illuminated building identification signs which are under three (3) square feet in sign area on buildings which are located at least three hundred (300) feet from a public right-of-way. J. Ten (10) or fewer flags, per parcel or common development site. Such flags shall not be placed less than thirty (30) feet apart. Any flags, in excess of ten (10) per parcel or common development site may be erected on a temporary basis upon the issuance of a permit in accordance with Section 9.01.02(C). 9.05.00. - NONCONFORMING SIGNS A. General. Any sign or advertising structure in the unincorporated area of the County on which, by its height, area, location, use or structural support does not conform to the requirements of this chapter, shall be termed nonconforming. B. Continuation or Removal. All nonconforming signs or advertising structures which were properly permitted and conforming to the sign ordinances of the County in effect at the time the signs were erected, may continue in use in accordance with the other provisions of this Section. All other nonconforming signs shall be removed unless erected prior to September 1, 1961. Nonconforming signs that are subject to removal shall be subject to the provisions of this Code governing the procedures for Code violations; provided, however, that the Planning and Development Services Director may direct the removal, after making reasonable efforts to provide advance notice to the sign owner, of (1) any sign that in his/her judgment, determined without reference to the content of the sign except as stated in Section 9.03.00(M), constitutes an immediate and extreme danger to public safety, or (2) any sign erected or posted in the public right-of-way in violation of this Chapter. Temporary signs for which allowable time of display has expired and for which the sign owner cannot readily be located or identified, shall be deemed abandoned and may be removed at the direction of the Planning and Development Services Director. C. Structural Alterations. Nonconforming signs shall not be structurally altered or enlarged unless they are made to conform with all the requirements of this Chapter, except that substitution or interchange of copy may be permitted. D. Natural Damage. Nonconforming signs which are more than fifty percent (50%) destroyed by wind, deterioration or other damage shall be made to conform with all the requirements of this Chapter, or be completely removed. E. Billboards with less than the Minimum Separation. Where two (2) or more billboards, each of which was lawfully installed at its time of installation, are situated closer to each other than permitted by Section 9.01.01(F)(1), then all such signs except the one (1) first installed in the County shall be nonconforming. F. Removal of Non -Conforming Flags, Banners, and Pennants. Flags, banners, and pennants rendered non -conforming by virtue of being included in Section 9.03.00(P) shall be removed by March 1, 1994. ( Ord. No. 2013-39, A, 12-17-13 ) Page 397 of 411 r Luc a- AGENDA REQUEST 0 TO: Board of County Commissioners PRESENTED BY: Patrick Dayan, Public Works Assistant Director SUBMITTED BY: Public Works 8.W. RES-2020-267 REGULAR AGENDA -PUBLIC WORKS DATE: 12/1/2020 *RESOLUTION ITEM - BOARD APPROVAL QUASI-JUDICIAL ITEM? NO SUBJECT: Resolution - Midway Road Turnpike Interchange - Support of Recommended Alternative - ADD ON BACKGROUND: The expansion of Midway Road from Glades Cut Off Road to Jenkins Road (FDOT Project 231440-4-32-01) is a top priority for St. Lucie County and is one of the top two "priority roadway" projects for the St. Lucie TPO. In October 2019, County representatives met with FDOT and Florida Turnpike administrative representatives to express the County's desire to add a Turnpike Interchange at the Midway Road Bridge. Further support for this interchange was reflected in Resolution 19-204. Staff has continued to coordinate with Florida Turnpike PD&E Design team to determine acceptable alternatives for the preliminary design of this interchange. A letter to the Florida Turnpike Project Manager was sent on November 18, 2020 (attached) indicating staff preference for a Tight Urban Diamond Interchange (TUDI) design. Currently, the Turnpike Design Team is recommending a "Parclo" interchange that staff believes will have detrimental impacts to other County roadways and the flow of traffic on Midway Road. Staff has requested that FTE change their recommended alternative to the TUDI. PREVIOUS ACTION: September 2, 2014 - Board approved LFA and MOA with FDOT for Midway Road (Glades Cut -Off to Selvitz Road) PD&E Study. December 20, 2016 - Board approved LFA and MOA with FDOT for Midway Road (Glades Cut -Off to Selvitz Road) Design. Page 398 of 411 October 22, 2019 - Board approved Resolution 19-204 supporting a new Turnpike Interchange at Midway Road. January 15, 2020 - Board approved Interlocal Agreement with the City of Port St. Lucie for Acquisition of Certain Interests in Real Property Relating to the widening of Midway Road from Selvitz Road to Glades Cut Off Road. June 6, 2020 - Board approved FDOT ROW MOA for Midway Widening (Glades Cut Off Road to Selvitz Road) FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends 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. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: November 30, 2020 Don West, Public Works Director Date: November 30, 2020 Daniel McIntyre, County Attorney L� Date: November 30, 2020 Mark Satterlee, Deputy County Page 399 of 411 Administrator Page 400 of 411 RESOLUTION 20-XXX A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, SUPPORTING THE RECOMMENDATIONS OF INWOOD CONSULTING ENGINEERS REGARDING THE DEVELOPMENT OF A NEW TURNPIKE INTERCHANGE AT MIDWAY ROAD IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners has made the following determinations: 1. The Florida Turnpike Enterprise (FTE) is currently performing a PD&E (Project Development & Environment) study for turnpike facilities from Jupiter to Fort Pierce. 2. The Turnpike is planning to widen from a four lane facility to a ten lane facility. 3. The FTE is evaluating several locations for new interchanges within the study limits. 4. The County supports the development of a new turnpike interchange at Midway Road. 5. The County is requesting that Florida's Turnpike Enterprise change their recommended interchange configuration to Alternative B (TUDI) as shown in the Midway Road Interchange Alternatives public document. NOW, THEREFORE, BE IT RESOLVED by the St. Lucie County Board of County Commissioners: 1. This Board does hereby proclaim its support for a change to the interchange configuration to Alternative B (TUDI) forthe new turnpike exchange at Midway Road. 2. This Resolution shall become effective immediately upon adoption. 3. The County Administrator is directed to send a copy of this resolution to the County's state legislative delegation and to the Florida Turnpike Enterprise. PASSED AND DULY ADOPTED this 1St day of December 2020. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO LEGAL FORM COUNTY ATTORNEY Page 401 of 411 4111uw`�110� ST. LUCIE WORKS November 18, 2020 Board of County Commissioners Mr. Henry Pinzon, PE Florida Turnpike Enterprise MP. 263 Bldg. 5315 P.O. Box 613069 Chris Dzadovsky Ocoee, FL 3276I DISTRICT 1 Chair RE: Midway Road from Glades Cut -Off Road to Jenkins Road (231440-4-32-01) Sean Mitchell Dear Mr. Pinzon: DISTRICT 2 Vice -Chair The expansion of Midway Road from Glades Cut-off Road to Selvitz Road is a top priority for St. Lucie County and is one of the top two "priority roadway" projects for the St. Lucie TPO (FY2020 — 2024 TIP). The increased capacity is Linda Bartz critical to accommodate the growing travel demand in the region. In addition, the DISTINCT 3 expansion will provide a much needed safe and efficient evacuation route for coastal communities in the event of a hurricane or incident at the FP&.L nuclear power plant. Frannie Hutchinson DISTRICT 4 Another major County goal of this project is the incorporation of a new interchange at Midway Road and Florida's Turnpike. This was expressed by Commissioner Hutchinson during the October 2019 meeting With FDOT District Cathy Townsend 4, Florida's Turnpike Enterprise, and FDOT Secretary Thibault. The Board of DISTRICT 5 County Commissioners provided further support for this interchange with the passing of Resolution 19-204 in October 2019. The new interchange will provide many benefits including: increased mobility for our residents; support the Administration developing industrial corridor along Midway Road; and provide relief to other interchange within St. Lucie County. Howard Tipton We understand 'that Florida's Turnpike Enterprise is currently conducting a COUNTY PD&E Study to improve the Turnpike from Jupiter to Ft. Pierce (FPID: 423374- ADMINISTRATOR 1). Our Engineering staff and consultants have been coordinating with your design team regarding these two projects since May 2015, when the Midway Road PD&E phase began. This coordination has been beneficial and resulted in Dan McIntyre changes to both projects to accommodate both of our agency's goals and needs. COTINTY ATTORNEY Within the mindset or cooperation, we are requesting a change to the Turnpike's recommended interchange configuration at Midway Road. While designing the requested (and required) modifications to the Turnpike PD&E interchange concepts (Alts. A & B - to connect the ramps to the existing Turnpike Mainline) our engineering team identified concerns and potential improvements. The primary concern is Alternative A (Parclo) interferes with the County's planned improvements to and extension of Jenkins Road [County Edmund 13as, P.E. I Acting County Engineer I Public Works Engineering 2300 Virginia Avenuc I Fort Pierce. FL 311992 E. (772)462-1 6 mm (772)462-1428 WE base stlueieco.or 110 (772),162-1331 Q4111 .stluci:°cr,-�� Page 402 of 411 Project No. C20-02-170). Attached to this letter is a memorandum which further details our concerns and illustrates the potential improvements. Due to the impacts associated with Alternative A, St. Lucie County is requesting that Florida's Turnpike Enterprise change their reconTmencied interchange configuration to Alternative B (TUDI) as shown in the Midway road Interchange Alternatives public document htt s:llfloridastm ike.coml-content/u loads/2020/04/423374-1 Midwa -Road Interchange - Alternative -Board 2020-02-26.pdf ). We will discuss our findings at the upcoming November 19`l' meeting (and/or additional meetings as necessary). We feel that our request in conjunction with the additional engineering information (to be discussed at the meeting) will provide sufficient justification to update the matrix and support the recommendation of Alternative B (TUDI). We understand the'[urnpike PD&E Study (423374-1) is nearing completion and we feel this request can be completed without impacting the project schedule. The modifications of Alternative B (TUDI) can be worked out during the Midway Road PD&E Reevaluation (to add the interchange) and final design. Thank you for your time and consideration regarding this important issue. We look forward to the continued coordination between our two agencies on these important projects. Sincerely, Edmund Bas, PE Acting County Engineer CC via email (with enclosures). ■ Iloward Ti pion, County Administrator ■ Mark Saticrlee, Deputy County Administrator ■ Daniel McIntyre, County Attorney ' Comniissiioiler Fraanie IIutchiason ■ Commissioner Chris Dzadovsky ■ Commissioner Scan Mitchell ■ Commissioner Linda Bartz • Commissioner Cal lly ,Yowrisend ■ Don West. PC, Director of Public Works ■ Patrick Dayann PE, Assistant Director of Public Works • SeIena Grifl'ett, PE_ Senior Civil /:stainer ■ Peter 13uchtvald, AICP. SLC'CPO Fxecutive Director ■ Brian Ribaric, Pr, r m, Project Manager (Atkins) • Jim Hughes. PE, FDOI' District 4 ■ 1laiytin OLl, PF, FDOT District 4 Midway Rua ProjccI Manager + And'• DeWitt, PE. Consultant Project Manager 0neood) 7 Page 403 of 411 117) 7?e��� engineers Memo 3000 Dovera Drive, Suite 200, Oviedo, Florida 32765 * P:407-971-8850 * www.inwoodinc.com CR 712 (Midway Road) Widening & Reconstruction FPID 231440-4-32-01 As requested by St. Lucie County (SLC), Inwood has reviewed the interchange concepts at Midway Road developed by Florida Turnpike Enterprise associated with the PD&E Study from Jupiter to Ft. Pierce (423374-1). In addition, Inwood has utilized the available survey data to take a thorough look at the planned improvements and developed modifications to these concepts to improve operations and allow them to connect to the existing Turnpike Mainline. Summarized below are our findings and recommendations. Ultimate Interchange Configurations Review (see attached PD&E Exhibit) Alternative A — Parclo Concept • Northbound entrance / exit ramp o Prohibits the planned extension of and improvements to Jenkins Road (CP. No. C20-02-170) o Does not meet full / signal spacing requirements (1320' min. Access Class 5) ■ Places signal 730-feet from Jenkins Road (full / future signal) ■ Significantly impacts planned access management on Midway Road • Concept may impact planned fire station on Milner Dr. • Matrix Review o Impacts to Local Road / Traffic Patterns — suggest changing to "Major" o Other issues — suggest adding impacts to planned fire station o Construction and right of way costs are higher than Alternative B o Suggest adding local support to the matrix Alternative B — Tight Urban Diamond Interchange (TUDI) • Northbound entrance / exit ramp places signal 1250-feet from Jenkins Road (within 10% of criteria) o No impacts to planned Jenkins Road expansion o No impacts to planned fire station • Minimal storage in eastbound and westbound dual left turn lanes (<100' queue) • Matrix Review o Traffic Operation Issues - No justification for why this was designated a "moderate" o Wetland Impacts — The impacts are to surface water / ponds (not wetlands). Modifications to the ramp (discussed below) can reduce these impacts o Other Issues — ramp modifications can reduce / eliminate business impacts on NE quadrant o Suggest adding local support to the matrix. Based on our review, we find Alternative B (TUDI) to be better suited to the Midway Road corridor and the planned developments and roadway improvements in the area. Furthermore, we believe there are improvements that can be made to the Alternative B (TUDI) concept which will improve operations and reduce impacts to the natural, social, cultural, and physical environment as discussed below. Interchange Concept Modifications & Connecting to the existing Turnpike Mainline (see attached exhibits) Alternative C (Modified Parclo) • Impacts planned Jenkins Road improvements • The northbound on -ramp / auxiliary lane cannot fit under the new overpass without modifications to the existing Turnpike Mainline Page 404 of 411 117) 7?e��� engineers Memo 3000 Dovera Drive, Suite 200, Oviedo, Florida 32765 * P:407-971-8850 * www.inwoodinc.com • Turnpike modifications o Shift alignment / thru lanes (10' northbound, 6'southbound) 0 7-foot inside shoulders 0 10-foot outside shoulders (with barrier present) • NB entrance ramp superelevation (10%) creates a challenging break -over when connecting to the adjacent thru lane o Barrier separation is not an option for the existing condition • Ramp Reconstruction for Ultimate Turnpike o Parclo ramps require minimal modifications o Ramps on the west side of interchange will require reconstruction • Anticipated to be the most expensive option for initial construction o Largest bridge requirements (38,826 SF) o Turnpike reconstruction / widening required o Substantial traffic impacts during construction Alternative D (Modified TUDI -1) • No impacts to the Turnpike Mainline • Does not impact planned Jenkins Road extension and improvements • Minimal storage in eastbound and westbound dual left turn lanes (<100' queue) o Increased potential for "spill back" blocking a thru-lane o Slow turning speeds may reduce operational efficiency • Northbound on -ramp geometry modified o Minimized impacts to wetlands / surface waters o Minimized impacts to business on northeast quadrant o More direct connection to Turnpike Mainline ■ Reduced FGT impacts ■ Accommodates parallel acceleration with no improvements to the Glades Cut -Off Road Overpass o Challenge for WB-62FLs to make turns adjacent to one another Ramp Reconstruction for Ultimate Turnpike o Ramps on east side require minimal modifications o Ramps on west side of interchange will require reconstruction Anticipated to be less expensive than Alternative C (Modified Parclo) initial construction o Smaller bridge (38,664 SF) o No Turnpike reconstruction o Reduced traffic impacts during construction Alternative E (Modified TUDI-2) • No impacts to Turnpike mainline Does not impact planned Jenkins Road extension and improvements Converted dual eastbound and westbound lefts to overlapping single left turn lanes o Provides additional storage in turn lanes o Separated by 6-foot traffic separator o Simplifies northbound on -ramp turning maneuver for WB-62FL o Allows for permissive left turns if there are sufficient gaps in traffic Page 405 of 411 117) 7?e��� engineers Memo 3000 Dovera Drive, Suite 200, Oviedo, Florida 32765 * P:407-971-8850 * www.inwoodinc.com Northbound on -ramp geometry o Removal of the dual left improves geometry o Higher -ramp design speed is feasible (40 mph) o Provides more room prior to ramp merge Ramp Reconstruction for Ultimate Turnpike o Ramps on east side require minimal modifications o Ramps on west side of interchange will require reconstruction Construction costs are anticipated to be comparable to Alternative C (Modified TUDI-1) Alternative F (DDI) • No impacts to Turnpike mainline • Does not impact planned Jenkins Road extension and improvements • Advantages of the DDI o Pedestrians are protected from over -tracking vehicles (northbound on -ramp) o Ramp locations are consistent with TUDI o Simplifies ramp turning movements o Improved operations • Ramp Reconstruction for Ultimate Turnpike o Ramps on east side require minimal modifications o Ramps on west side of interchange will require reconstruction • Construction costs are anticipated to be the lowest o Bridge is the smallest of all alternatives (36,936 SF) o No Turnpike reconstruction o Ramps are comparable to the Alternative C/D TUDI Based on this analysis, we would recommend Florida's Turnpike Enterprise consider Alternative E (DDI) for interchange configuration. At a minimum, the preferred alternative for the Turnpike Mainline PD&E Study (423374-1) should be changed to Alternative B (TUDI) to avoid impacting the planned expansion of and improvements to Jenkins Road. We recommend that Alternatives C-F (described above) be explored further during the Midway Road PD&E Reevaluation. At this point, Alternative E appears to be the favorable configuration. However, this needs to be further investigated, and a traffic analysis should be completed to verify lane calls, turn lane lengths, and over-all operation. Page 406 of 411 ALTERNATIVE G (MODiFiED PARGLC f A REVISED TURNPIKE TYPICAL SECTION -EXIST SURVEY SR 91 LA RIW LINE r LA R1W LINE _)uu rx/ A, .25-FEET PERPENDICULAR TO TURNPIKE SPAN I SPAN 3 ao fi SPAN 2 ee d A 20' 4' 8' SHLDR MEDIAN TYP lip PAVT. la 12' 12 12' 10' t t SHLDR. SHLDR. MSE WALL SHLDR. T MSE WALL PAVT.� PAVT. PAVT. BRIDGE PIER, TYP - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - — - - - - - - - 6' SHIFT SHIFT - - - - - - - - - - - NATURAL GROUND 2' t t JL ID 24' 7' 24' 12'- -1 O'_ 5 OL MILL & 11 MILL & _vl_ YL U3 NATURAL J- 2 44' t 7 RESURFACE RESURFACE 2' WIDENING GROUND 7� 20.75' 6' WIDENING BORDER 54' 7' WIDENING �EXIST 18" GM �EXIST 30" GM POTENTIAL FUTURE TURNPIKE EXPANSION I EXIST 24" GM 3. 94' 99.25' PGP PGP 6,51 8.75'12'_ 12' 48' _112'j] _12'_I_ 48' 12'_ 12' 4A SHLDR. AUX GENERAL TOLL PAVED I PAVED GENERAL TOLL AUX ISHLDR. PAVT. LANE LANES SHLDR. SHLDR. LANES LANE PAVT. FUTURE CONST SR 91 FF\lF- F/A. F F r r F:I F--\ 210 C) I IF r -Q -:S- L 947 R = 2292' 1(0 rap 0 .041 Al 71 F FEE F F Fj 11, -fwX ', 7. Apo 7%. fe F F VF-7 ; h _4z JAAWNW-1 4, JL 3w --y% J, tj I LLI_ \ 41 It ST LUCIE �12F COUN . ............... Tyw .........----------- - R". 4 ARM W TV,. -Al liL if N A-W -1 jlr- L ro_A , 1. " ., -hal- " qqc A. Ax; A 4 t alt m 17 bKLAKUVLK AMIOL 'ant At. R = 5730' L = 850' 40-1 NC R 2865' e 0.034 -A OL j 4dw rk lop 01 dik 0 17L L 933' R = 350 -.,i L 740 R 785' 1d1b 7:�\ 13 CP L 562' AL 0. R = 2292' Opp 0.041 A% L* T wail mom IAP PIP, • co top V Opp e 1A -4 All .6 NO S A-ma- '4 '7. C.1 LEGEND 0 7 r_ to -A FGT SPECIFIED WIDTH EASEMENT PROPOSED INTERCHANGE PROPOSED BRIDGE (4314 SY) ---tt TURNPIKE ULTIMATE INTERCHANGE RAMP CONCEPT EXISTING R1W cIr r % EXISTING LA RIW )t A PROPOSED LIA R1W PROPOSED R1W CONSTRUCTED BY OTHERS (FPID 231440-4-52-01) %6 Lr_ ic IMF JOB also ALI -d 'Page 408 of 411' ALTERNATIVE D (MUDIFILIJ TUIJIml T1 ,T ? ►. kk r + w} Ilk jo ,far a 1 4 - lb = 4� 'r T L O x -; It O O O — r- 'P4 , V y - " J , r J - _ rr r� r`. r r� � r 4r r ' I . l ' 12515 21 L = 947' Al, i I e = 0.097 R — 2292 F Ffi FI j r\1`. T F I = k 0.041 •� � �� ~ y ICI ... �" - \ \ \ ` � �� .'� - 4- y - - jr Aw­ 'C COUNT— — — — — — — — ..................... ................ ........... RNA , '1 � r• At rp * 4. b op Xle- f, � 1F 850 , 0. 1 1 . 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