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HomeMy WebLinkAboutAgenda Packet 09.10.2019N1�L11�llLS c��o� BOARD OF COUNTY COMMISSIONERS AGENDA ST. LUCIE COUNTY Regular Meeting Tuesday, September 10, 2019 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. 3, Chair LINDA BARTZ District No. 5, Vice -Chair CATHY TOWNSEND District No. 1 CHRIS DZADOVSKY District No. 2 SEAN MITCHELL District No. 4 FRANNIE HUTCHINSON 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 219 Regular Meeting Tuesday, September 10, 2019 6:00 PM 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. General comments in support or opposition to candidates for public office are not pertinent to the Board's duties. 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 219 Regular Meeting Tuesday, September 10, 2019 6:00 PM 1. CALL TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES There are no items scheduled. 5. PUBLIC COMMENT (excluding Public Hearing Items) 6. PROCLAMATIONS APPROVAL A. Resolution No. 19-135 - Adoption of a resolution proclaiming September 17-23, 2019 as "Constitution Week" in St. Lucie County, Florida. B. Resolution No. 19-136 - Proclaiming the month of September 2019 as "Hunger Action Month" in St. Lucie County, Florida. C. Resolution No. 19-165 - Proclaiming the month of September, 2019 as "Suicide Prevention Awareness Month" in St. Lucie County, Florida. 7. PRESENTATIONS A. Workforce Development Summer Boot Camp Success - Will Armstead, CEO, Boys & Girls Club of St. Lucie County & Anastasia Legakes, VP of Operations, Boys & Girls Club of St. Lucie County 8. CONSENT AGENDA A. WARRANTS 1. Warrant Lists 46 & 47 B. COUNTY ATTORNEY 31Page Page 3 of 219 Regular Meeting Tuesday, September 10, 2019 6:00 PM 1. Deferred Compensation Program - 457(b) Loan Policy Staff recommends that the Board approve the attached loan policy. 2. Request for Qualifications (RFQ) No. 19-028, Professional Engineering Services for Solid Waste - Approval of Short -Listed Firm for Continuing Contract Staff recommends Board approval of the short-listed firm for Professional Engineering Services for Solid Waste as a continuing contract and permission to: •Conduct contract negotiations with the short-listed firm; •If negotiations are successful, award contract to the short-listed firm and authorization for the Chair to sign the documents as prepared by the County Attorney; -Cancel the current Solid Waste professional engineering services continuing contract C15- 01-122 CDM Smith 3. Request Permission to Advertise - Notice of Public Hearing - Abandonment of a portion of Poinsetta Avenue Staff recommends that the Board authorize staff to advertise a public hearing to be held on October 1, 2019 at 6:00 p.m., or as soon thereafter as the item may be heard. 4. Contract for Sale and Purchase - Melville Road Stormwater Improvements William Blunkall - portion of Parcel ID 3410-603-0050-000-4 Staff recommends the Board accept the contract from William Blunkall, authorize the Chair to sign the contract and direct staff to proceed with the closing and record the warranty deed in the public records of St. Lucie County. 5. Teamsters Local Union No. 769 - First Amendment to October 1, 2018 Collective Bargaining Agreement Staff recommends the Board approve the proposed First Amendment to the Collective Bargaining Agreement with Teamsters Local Union No. 769, subject to ratification by the bargaining unit, and authorize the Chair to sign the First Amendment. 41Page Page 4 of 219 Regular Meeting Tuesday, September 10, 2019 6:00 PM 6. Resolution No. 19-184 - Amendment to the Facilities Use Agreement Between St. Lucie County and the Department of Financial Services, Division of Workers' Compensation Staff recommends Board approval of the amendment to the Facility Use Agreement, the resolution, and authorization for the Chair to sign documents as approved by the County Attorney. 7. Council on Aging of St. Lucie, Inc. - Lease Agreements for Three Public Transit System Buses Staff recommends the Board approve the three proposed vehicle lease agreement with Council on Aging of St. Lucie County, Inc., and authorize the Chair to sign the agreements. C�1!4I 34CA910*1 State Aid to Libraries - Fiscal Year 20 Staff recommends Board approval to submit the annual State Aid to Libraries Grant, approval of the Library's required Long -Range Plan 2020-2024, approval of the Annual Service Plan, and authorization for the Chair to sign documents as approved by the County Attorney. D. PARKS & RECREATION Waiver for Council of Social Agencies (COSA) Showcase of Services Staff recommends Board approval to waive the Facility Rental Fee of $375.00 as outlined in this agenda memorandum and authorization for the Chair to sign documents as approved by the County Attorney. 2. Waiver for Women United Lunch and Learn Staff recommends Board approval to waive the Facility Rental Fee of $146.25 as outlined in this agenda memorandum and authorization for the Chair to sign documents as approved by the County Attorney. E. PLANNING & DEVELOPMENT SERVICES Page 5 of 219 Regular Meeting Tuesday, September 10, 2019 6:00 PM 1. Miller 193 North Final Plat - 193 N. Jenkins Road Staff recommends approval with the condition the applicant executes an agreement to pay a fee -in -lieu of construction for, or install, a concrete sidewalk along the N. Jenkins Road and Loop Road property lines and remit to the County the required payment where applicable. The acceptable method of payment shall be a certified check payable to St. Lucie County. F. PUBLIC WORKS Burger King/Hardee Road - Final Acceptance Staff recommends Board approval of the final acceptance of the offsite road improvements, release of bond in the amount of $110,761.00 with retainage of $12,000.00 in accordance with the Road Improvement Agreement and authorization for the Chair to sign document as approved by the County Attorney. 2. Award Bid No. 19-060 - Median and Right -of -Way Maintenance Staff recommends Board approval for the award of Bid No. 19-060, Median and Right -of - Way Maintenance, to the lowest responsive bidders, Mainguy Landscape Services for the North Zone and STS Maintain Services for the South Zone, and authorization for the Chair to sign the contracts as approved by the County Attorney. 3. DVB1 Delivery Station — Payment -in -Lieu of Sidewalk Construction Staff recommends Board approval of the fee -in -lieu of construction agreement with Bee Electronics for the sidewalk, accept funds in the amount of $20,160.00 and authorization for the Chair to sign documents as approved by the County Attorney. G. TRANSPORTATION PLANNING ORGANIZATION Approval of Florida Commission for the Transportation Disadvantaged Planning Grant for Fiscal Year 19/20 Staff recommends Board approval of budget resolution in the amount $25,777.00 to amend the County budget for receipt of Transportation Disadvantaged funds on behalf of the St. Lucie Transportation Planning Organization. 61Page Page 6 of 219 Regular Meeting Tuesday, September 10, 2019 6:00 PM 9. PUBLIC HEARINGS There are no items scheduled. 10. REGULAR AGENDA A. COUNTY ATTORNEY 1. Resolution No. 19-180 - Encouraging IRL Council adoption of Indian River Lagoon National Estuary Program Comprehensive Conservation and Management Plan: "Looking Ahead To 2030" - Item placement modified Staff recommends Board approval of the attached resolution and authorization for the Chair to sign documents as approved by the County Attorney. B. PUBLIC SAFETY 1. Humane Society St. Lucie County / Second Chance Termination - Item placement modified Staff recommends the Board not renew or extend the agreement with the HSSLC, and direct staff to continue to work with the City of Port St. Lucie, the City of Ft. Pierce collectively to employ a better solution in the protection of our animals. 11. ANNOUNCEMENTS A. June marked the beginning of hurricane season (June 1 until Nov. 30) and St. Lucie County urges all residents to make sure they have a plan and restock their hurricane kits. If you need to pre - register for the Medical Special Needs Shelter or the Pet -Friendly Shelter - be sure to do so now. Don't wait until a storm is approaching our area. Additionally, now is the time to trim trees and vegetation. For more hurricane preparedness visit - www.stlucieco.gov/eoc. B. The Board of County Commissioners will hold a Regular meeting on Tuesday, September 17, 2019 at gam in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. C. In Accordance with Emergency Order Number 19-001 Issued by the Florida Department of Revenue on September 3, 2019, the Public Hearing on the Proposed Solid Waste Final Assessment Resolution has been rescheduled from September 3, 2019 to September 17, 2019 at gam due to Hurricane Dorian. 7 1 PagE Page 7 of 219 Regular Meeting Tuesday, September 10, 2019 6:00 PM D. The Public Hearing on the Designation of 12.34 acres at the Port of Fort Pierce as a Brownfield Site has been rescheduled from September 3, 2019, to September 17, 2019 at gam due to Hurricane Dorian. The Public Hearing by the Water and Sewer District Board on proposed adjustments to the utility rates, fees & changes for the former customers of the South Hutchinson Island MSBU who are now customers of the St. Lucie County Water and Sewer District has been rescheduled from September 3, 2019, to September 17, 2019 at gam due to Hurricane Dorian. In Accordance with Emergency Order Number 19-001 Issued by the Florida Department of Revenue on September 3, 2019, the Public Hearing on the Proposed Property Clean -Up Annual Assessment Resolution has been rescheduled from September 3, 2019 to September 17, 2019 at 9am due to Hurricane Dorian. G. The Public Hearing on the Abandonment of a portion of Gopher Hill Road a/k/a Gopher Ridge Road in the Hunt Subdivision has been rescheduled from September 3, 2019, to October 1, 2019 at 6pm due to Hurricane Dorian. H. The Public Hearing on the 2nd Public Hearing - Second Amendment to Development Agreement with FVP Miami Lakes, LLC - Silver Oaks PUD has been rescheduled from September 3, 2019 to October 1, 2019 at 6pm due to Hurricane Dorian. The Public Hearing for the Major Adjustment to the Avalon Beach PUD Site Plan has been rescheduled from September 3, 2019 to October 1, 2019 at 6pm due to Hurricane Dorian. J. The Board of County Commissioners will hold the Final Budget Hearing, on Thursday, September 19, 2019 to adopt the annual budget for FY2019/2020. The hearing will be begin at 6:00 p.m. and will be held in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 12. MOTION TO ADJOURN 81Page Page 8 of 219 AGENDA REQUEST CouNTy TO: Board of County Commissioners 6.A. PROCLAMATIONS APPROVAL RES-2019-135 DATE: 9/10/2019 *RESOLUTION ITEM - PROCLAMATION PRESENTED BY: Daniel McIntyre, County Attorney SUBMITTED BY: County Attorney SUBJECT: Resolution No. 19-135 - Adoption of a resolution proclaiming September 17-23, 2019 as "Constitution Week" in St. Lucie County, Florida. BACKGROUND: September 17, 2019 marks the 232nd Anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention. It has been requested by Karen Evans, Constitution Week Co -Chair that this Board proclaim the week of September 17-23, 2019 as "CONSTITUTION WEEK" in St. Lucie County, Florida. The attached resolution as been drafted for that purpose. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Daniel McIntyre, County Attorney Coordination/Signatures 8/21/2019 W)�, Page 9 of 219 Mark Satterlee, Deputy County Administrator 8/27/2019 Page 10 of 219 RESOLUTION NO. 19-135 A RESOLUTION PROCLAIMING SEPTEMBER 17-23, 2019 AS "CONSTITUTION WEEK" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Constitution of the United States of America, insures the rights of every American and provides the framework for the administration of our Country. 2. September 17, 2019 marks the 232"d Anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention. 3. It is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary, and to the patriotic celebrations which will commemorate it. 4. Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim the week of September 17-23, 2019 as "CONSTITUTION WEEK" in St. Lucie County, Florida and asks our citizens to reaffirm the ideals the framers of the Constitution had in 1787, by vigilantly protecting the freedoms guaranteed to us through the guardian of our liberties. PASSED AND DULY ADOPTED this loth day of September, 2019. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY Page 11 of 219 7COUNTY F L R i D A TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners Daniel McIntyre, County Attorney County Attorney 6.B. 2019-39330 Proclamations ApprovalN/ - PROCLAMATIONS APPROVAL DATE: 9/10/2019 *RESOLUTION ITEM - PROCLAMATION Resolution No. 19-136 - Proclaiming the month of September 2019 as "Hunger Action Month" in St. Lucie County, Florida. Nelli Porraspita with the Treasure Coast Food Bank has requested that this Board proclaim the month of September 2019 as "Hunger Action Month" in St. Lucie County, Florida. The attached resolution has been drafted for that purpose. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Page 12 of 219 Coordination/Signatures County Attorney, County Attorney 8/6/2019 Mark Satterlee, Deputy County Administrator 8/7/2019 Page 13 of 219 RESOLUTION NO. 19-136 A RESOLUTION PROCLAIMING SEPTEMBER 2019 AS "HUNGER ACTION MONTH" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Hunger and poverty remain issues of grave concern in the United States, the State of Florida, the Treasure Coast and St. Lucie County, with 57,299 children and adults in St. Lucie County now categorized as food insecure. 2. St. Lucie County is committed to taking steps to raise awareness about the need to combat hunger in every part of our County and to provide additional resources that citizens of St. Lucie County need. 3. St. Lucie County is committed to working with Treasure Coast Food Bank in educating people about the role and importance of food banks and other hunger relief organizations in addressing hunger and bringing attention to the need to devote more resources and attention to hunger issues. 4. Food banks and hunger relief organizations across the country, including the Treasure Coast Food Bank, will coordinate Hunger Action Day on September 12, 2019 and will continue to host numerous events throughout the month of September to shed light on this important issue and encourage involvement in efforts to end hunger in their local community. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim the month of September 2019 as "HUNGER ACTION MONTH" in St. Lucie County, Florida and call this observance to the attention of our citizens. PASSED AND DULY ADOPTED this 10" day of September, 2019. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA 1A DEPUTY CLERK CHAIR APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY Page 14 of 219 AGENDA REQUEST CouNTy TO: Board of County Commissioners 6.C. PROCLAMATIONS APPROVAL RES-2019-165 DATE: 9/10/2019 *RESOLUTION ITEM - PROCLAMATION PRESENTED BY: Daniel McIntyre, County Attorney SUBMITTED BY: County Attorney SUBJECT: Resolution No. 19-165 - Proclaiming the month of September, 2019 as "Suicide Prevention Awareness Month" in St. Lucie County, Florida. BACKGROUND: It has been requested that this Board proclaim September 2019 as "Suicide Prevention Awareness Month". The attached resolution has been drafted for that purpose. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Daniel McIntyre, County Attorney Coordination/Signatures 8/19/2019 Wil Mark Satterlee, Deputy County Administrator 8/20/2019 Page 15 of 219 RESOLUTION NO. 19-165 A RESOLUTION PROCLAIMING THE MONTH OF SEPTEMBER 2019 AS "SUICIDE AWARENESS MONTH"IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. In Florida, the suicide rate per 100,000 people is 15.3% with 3,552 "reported" suicides in 2018. 2. In St. Lucie County, the suicide rate per 100,000 people is 15%with 55 "reported" suicides in 2018. 3. On average, there are 129 suicides a day or 1 every 11.11 minutes including in St. Lucie County last year. 4. Education and awareness are critical to the stigma -ending battle faced by the mental health community, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim the month of September 2019 as "SUICIDE AWARENESS MONTH" in St. Lucie County, Florida. 2. This Board further urges our residents to learn how they may help because Suicide Prevention is everyone's business. PASSED AND DULY ADOPTED this 10th day of September 2019. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Page 16 of 219 08/16/19 FZABWARR FUND TITLE 001 001474 001585 001591 001600 101 102 102001 104003 107 107001 107003 107006 115 129 130 130121 130237 140 140001 141 160 181 183 183006 187 189115 190 191 310001 310002 319 324200 324201 362 363 37011 401 418 471 491 505 505001 611 625 630 650 ST. LUCIE COUNTY - BOARD WARRANT LIST #46- 10-AUG-2019 TO 16-AUG-2019 FUND SUMMARY General Fund Regional Coop Program Agreement CSBG 2017 CDBG Small Cities Section 112/MPO/FHWA Plan FY18/20 Transportation Trust Fund Unincorporated Services Fund Drainage Maintenance MSTU Hurricane Frances Donations Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology Sheraton Plaza Fund Parks MSTU Fund SLC Public Transit MSTU FTA 5307 FY 2014 FCTD Trip & Equipment FY 2020 Airport Fund Port Fund Airport Revolving Loan Fund Plan Maintenance RAD Fund SLC Housing Finance Authority Fund Ct Administrator-19th Judicial Cir Guardian Ad Litem Fund Boating Improvement Projects St Lucie Home Consortium M18 Sports Complex Fund SLC Sustainability District Impact Fees -Library Impact Fees -Parks Infrastructure Surtax Capital FDOT - Airport Expansion MRO FDOT - Harbor Pointe Seagrass Sports Complex Improv Fund Sports Complex Capital Project Fund River Hammock MSBU 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 Medical Examiner Agency Fund Agency Fund FQjMVt*JVAVW EXPENSES 265,367.72 19,323.76 5,382.81 13.08 256.35 64,479.45 5, 672.18 4,064.16 804.25 131,582.77 964.47 65.33 36,732.96 600.02 8,305.61 1,522.23 30.36 27,542.57 2,215.66 3,568.41 39,000.00 763.68 171.20 2,092.12 340.00 10.98 700.97 15,622.18 21.34 25,776.23 1,471.34 39.98 228,126.51 9,880.00 142.49 562.33 2,515.23 99,647.04 30,257.10 337,434.07 3,163.62 241,192.24 403.35 2,345.61 909.81 4,881.06 377.68 1,626,342.31 PAGE 1VAV \\�SIMM 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 0.00 796.80 0.00 0.00 0.00 0.00 0.00 1• :1 Page 17 of 219 08/23/19 FZABWARR FUND TITLE 001 001585 001591 001600 001605 001606 001607 001608 001609 001830 101 101001 102 102001 107 107001 107002 107005 107006 113 114 116 117 119 123 127 128 129 130 130127 130131 136 138 140 140001 160 183 183001 184001 185019 189114 189115 190 216 310001 310002 310006 310207 ST. LUCIE COUNTY - BOARD WARRANT LIST #47- 17-AUG-2019 TO 23-AUG-2019 FUND SUMMARY General Fund CSBG 2017 CDBG Small Cities Section 112/MPO/FHWA Plan FY18/20 Surface Transportation Block Grant Metropolitan Planning/Sec. 5305d Continuum of Care Grant Continuum of Care Grant Chronic Continuum of Care Grant Family Wesley's Island Phase II 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 F&F Fund -Legal Aid F&F Fund -Court Related Technology Harmony Heights 3 Fund Harmony Heights 4 Fund Sunland Gardens Fund Sunrise Park Fund Holiday Pines Fund Queens Cove Lighting Dist#13 Fund Pine Hollow Street Lighting MSTU Kings Hwy Industrial Park Lighting Parks MSTU Fund SLC Public Transit MSTU FTA FFY 2016-5339 FFY17 5307 Oper & Cap Monte Carlo Lighting MSTU#4 Fund Palm Lake Gardens MSTU Fund Airport Fund Port Fund Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Artificial Reef Program SHIP 2018/2019 Home Consortium FY 2017 St Lucie Home Consortium M18 Sports Complex Fund County Capital I&S Impact Fees -Library Impact Fees -Parks Impact Fees -Transportation FDOT-Kings Hwy/Indrio Improv EXPENSES 180,739.25 9,315.00 2,400.00 0.00 0.00 0.00 12,302.80 12,008.00 7,806.00 0.00 5,083.97 519.75 2,209.00 47,492.44 118,750.54 18.36 0.00 9,865.33 2,013.07 240.84 599.38 650.04 148.94 847.38 404.21 541.63 661.41 1,406.16 5,880.85 1,615.37 0.00 2,436.21 337.28 32,900.85 6,813.98 0.00 3,362.86 420.00 0.00 155.61 10,740.00 642.99 16,209.09 1,202.00 8,046.09 3,040.00 53,497.86 619,567.22 PAGE PAYROLL 652,027.24 4,226.42 2,426.96 9,165.48 3,415.66 2,105.13 281.84 281.84 151.76 2,347.89 137,108.54 1,731.13 68,909.94 22,481.56 187,032.04 7,315.04 4,408.84 0.00 13,137.13 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3,262.80 0.00 3,436.00 0.00 0.00 19,411.49 7,314.00 3,573.60 3,650.68 0.00 2,006.40 1,154.53 0.00 2,232.41 24,982.77 0.00 0.00 0.00 0.00 0.00 102 Page 18 of 219 08/23/19 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #47- 17-AUG-2019 TO 23-AUG-2019 FUND SUMMARY FUND TITLE 319 Infrastructure Surtax Capital 363 Sports Complex Capital Project Fund 37011 River Hammock MSBU 382 Environmental Land Capital Fund 401 Sanitary Landfill Fund 418 Golf Course Fund 471 Water & Sewer District Operations 478 Water & Sewer District R&R 491 Building Code Fund 505 Health Insurance Fund 505001 Risk Management Fund 505002 Health Insurance Administration 611 Tourist Development Trust-Adv Fund 625 Law Library 630 Medical Examiner Agency Fund 650 Agency Fund 801 Bank Fund EXPENSES 55,407.95 1,722,895.67 4,577.46 220.50 89,525.98 7,419.19 13,875.82 3,578.61 242.88 60,838.55 20,861.48 0.00 0.00 22,014.42 19,480.67 130,799.04 21,690.80 PAGE 2 PAYROLL 0.00 0.00 0.00 0.00 94,460.76 20,899.20 17,244.22 0.00 52,620.68 0.00 3,893.15 4,027.07 6,265.69 0.00 44,131.96 0.00 0.00 GRAND TOTAL: 3,356,320.78 1,433,121.85 103 Page 19 of 219 7COUNTY F L R i D A TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners Daniel McIntyre, County Attorney County Attorney 8.B.1. 2019-46650 CONSENT AGENDA -COUNTY ATTORNEY DATE: 9/10/2019 *ACTION ITEM - BOARD ACCEPTANCE Deferred Compensation Program - 457(b) Loan Policy TIAA has advised that the County Deferred Compensation Program should have a Plan Loan Policy in place. Attached is a draft policy prepared by TIAA. The Deferred Compensation Committee voted to recommend that the Board approve the draft policy at the Committee's August 29, 2019 meeting. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board approve the attached loan policy. .0] & II 11.1.1WPIe[eIus] E RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Page 20 of 219 Daniel McIntyre, County Attorney Coordination/Signatures 7/26/2019 wi, Jennifer Hill, Office of Management & Budget Director 8/16/2019 Shai Francis, COO of Financial Services 8/27/2019 Howard Tipton, County Administrator 8/28/2019 Page 21 of 219 TEACHERS INSURANCE AND ANNUITY ASSOCIATION OF AMERICA 730 Third Avenue, New York, NY 10017 Telephone: 800-842-2733 APPLICATION FOR TIAA RETIREMENT CHOICE PLUS ANNUITY CONTRACT Contractholder: St. Lucie County The contractholder hereby applies to Teachers Insurance and Annuity Association of America (TIAA) for the coverage provided by the above named contract in connection with an employer plan sponsored by the contractholder. The contractholder agrees to notify TIAA of any changes to the terms of the employer plan to the extent that such changes impact. the administration of the contract. The contractholder may, in accordance with the terms of the employer plan, and in accordance with TIAA's procedures, instruct TIAA to withdraw amounts from the contract's accumulation to pay fees associated with the administration of the plan. Under the contract's current rate schedule, there are no expense or sales charges deducted from contributions to this contract. Amounts withdrawn or transferred from the TIAA Traditional Annuity accumulation by the contractholder may only be withdrawn or transferred in installments and are subject to a surrender charge. TIAA may defer the first contractholder payment for up to 90 days. However, under the contract's current rate schedule, any amounts being held in forfeiture accounts or revenue credit accounts, as described in the contract, may be withdrawn or transferred by the contractholder, subject to the contract's terms, without being subject to such installment schedules or surrender charges. Amounts withdrawn from an Investment Account accumulation by the contractholder may only be withdrawn as a lump -sum payment of that Account's entire accumulation under the contract. However, TIAA reserves the right to defer the effective date of payment from the Real Estate Account accumulation, for some or all the amount to be paid; for up to 180-days if the total amount to be paid exceeds $10 million. As of the effective date of such payments from the Traditional Annuity accumulation or an Investment Account accumulation, no further premiums or internal transfers will be accepted into the accumulation(s) from which the payments have become effective. These restrictions on contractholder withdrawals do not apply to benefits paid directly to an employee or beneficiary under the terms of the employer plan or to the estate of such employee or beneficiary. The contractholder agrees to abide by any applicable "Equity Wash" provisions. The contractholder agrees not to engage in an effort to coach or encourage groups of employees to request internal transfers or lump -sum benefits from their Traditional Annuity accumulations. The terms of said contract, including any endorsements thereto, are hereby accepted by the contractholder. It is agreed that this application supersedes any previous application made by the contractholder for this coverage. ❑ By checking this box, the applicant acknowledges and consents to receiving the TIAA Retirement Choice Plus Annuity Contract, and any endorsements and amendments thereto, through either TIAA-CREF's website (tiaa-cref. org), by means of a CD, or by way of electronic mail, at TIAA's discretion. Paper versions of the above documents will be provided upon. request. Email address: Will this contract replace any existing life insurance? Yes No Agent's Statement: To the best of my knowledge and belief, the applicant is or may be replacing an existing life insurance policy or annuity contract. Yes No Fraud Warning: Any person who knowingly and with intent to injure, defraud, or deceive any insurer files a statement of claim or an application containing any false, incomplete, or misleading information is guilty of a felony of the third degree. Dated at: On: Fort Pierce, FL St. Lucie County (City, State) (Contractholder) By: (Date) (Signature). (Name and Title) Agent's Signature: Agent's Name (printed, typed, or stamped): Agent's Florida License Identification Number: IGRSP-APP-FL For Administrative Use Relationship Manager: Please complete. Relationship Manager's Name: Anne Van!-Obe Plan/Sub-Plan Code: 406292 RP Access Level: Effective Date of Plan/Issue Date of Contract 01 /01 /1983 Legal Plan Type 457b Business: Page 22 of 219 COLLEGE RETIREMENT EQUITIES FUND 730 Third Avenue, New York, NY 10017 Telephone: 800-842-2733 APPLICATION FOR, CREF RETIREMENT CHOICE PLUS ANNUITY CONTRACT Contractholder. St. Lucie County The contractholder hereby applies to College Retirement Equities Fund (CREF) for the coverage provided by the above named contract in connection with an employer plan sponsored by the contractholder. The contractholder agrees to notify CREF of any changes to the terms of the employer plan to the extent that such changes impact the administration of the contract. The contractholder may, in accordance with the terms of the employer plan, and in accordance with CREF's procedures, instruct CREF to withdraw amounts from the accumulation units of the accounts under this contract to pay fees associated with the administration of the plan. Any amounts being held in forfeiture accounts or revenue credit accounts, as described in the contract, may be withdrawn or transferred by the contractholder, subject to the contract's terms. There are no expense or sales charges deducted from contributions to this contract. Furthermore, there are no charges assessed on any funds transferred among the CREF variable accounts or any other funds disbursed from the CREF variable accounts. The contractholder may withdraw as a lump -sum payment, the contract's entire accumulation in an account. As of the effective date of such payment, no further premiums or internal transfers will be accepted into the account(s) from which the payment has become effective. The terms of said contract, including any endorsements thereto, are hereby accepted by the contractholder. It is agreed that this application supersedes any previous application made by the contractholder for this coverage. ❑ By checking this box, the applicant acknowledges and consents to receiving the CREF Retirement Choice Plus Annuity Contract, and any endorsements and amendments thereto, through either TIAA-CREF's website (tiaa-cre£org), by means of a CD, or by way of electronic mail, at CREF's discretion. Paper versions. of the above documents will be provided upon request. Email address: Dated at: Fort Pierce, FL (City, ':fate On: By: (Date) CIGRSP-02-APP Plan Name: St. Lucie County For Administrative Use ST. LUCIE COUNTY DEFERRED COMPENSATION PLAN Plan Number: 406292 (Contractholder) (Signature (Name and Title) Page 23 of 219 L'TIAA Understanding your St. Lucie County retirement plan fees Important update on your retirement plan's recordkeeping and investment management fees When making decisions about your St. Lucie County Deferred Compensation Retirement Plan account, it's important to know there are fees associated with many of the plan's services and investments. A recent change impacts how your plan administration costs will be assessed. General administrative services Your plan charges an annual Administrative Fee to cover services such as recordkeeping, legal, accounting, investment advisory and other plan and participant services. Please note, these costs have always existed within the plan, and have been covered by your employer. Effective January 1, 2019, St. Lucie County will make the following changes. Please review this information on how your account may be affected. No action is required. Your plan will assess a $105.00 annual fee, which will be divided into quarterly payments. The fee will be deducted proportionally from each investment in your account on the last business day of each quarter and identified as "TIAA Plan Servicing Fee" on your quarterly statements. Please note, this TIAA Plan Servicing fee will only be charged to participants with balances greater than $2,500. Investment�specific services Each of the plan's investment options has a fee for investment management and associated services. Plan participants generally pay for these costs through what is called an expense ratio. Expense ratios are displayed as a percentage of assets. For example, an expense ratio of 0.50% means a plan participant pays $5 annually for every $1,000 in assets. Taking the expense ratio into consideration helps you to compare investment fees. In some cases, investment providers share in the cost of plan administration. This practice is called "revenue sharing." An investment company may pay a portion of an investment option's expense ratio to TIAA, the recordkeeper, to help offset the cost of plan administration. Your employer has agreed that for the investment options in the plan with revenue sharing agreements, revenue share amounts will be allocated back to participants invested in those options. Therefore, if you are invested in any of the options that indicate revenue sharing, you will see a "Plan Servicing Credit" revenue sharing transaction on your quarterly statements. For information on investment -specific expenses and fees, please refer to the investment table(s) provided. You can also find the expense ratios and other fees and expenses at TIAA.org /stlucieco or in the prospectuses at TIAA.org/performance. Page 24 of 219 St. Lucie County Deferred Compensation Retirement Plan investment menu and fees The following table details each investment option in the plan and any associated TIAA Plan Servicing Fee and/or Credit. Investanent Expenses Account or Fund Ticker American Funds EuroPacific Growth Fund - R6 RERGX Columbia Trust Stable Government Fund 1-0' NIA Dodge & Cox Income Fund DODIX Invesco Small Cap Value Fund Class Y° VSMIX Vanguard LifeStrategy Conservative Growth Fund Investor VSCGX Class Vanguard LifeStrategy Growth Fund Investor Class VASGX Vanguard LifeStrategy Income Fund Investor Class VASIX Vanguard LifeStrategy Moderate Growth Fund Investor Class VSMGX Vanguard Mid -Cap Index Fund Admiral VIMAX Vanguard REIT Index Fund Admiral VGSLX Vanguard Target Retirement 2020 Fund Investor Class VTWNX Vanguard Target Retirement 2030 Fund Investor Class VTHRX Vanguard Target Retirement 2040 Fund Investor Class VFORX Vanguard Target Retirement 2050 Fund Investor Class VFIFX Vanguard Target Retirement 2060 Fund Investor Class VTTSX Vanguard Target Retirement Income Fund Investor Class VTINX Vanguard Total Bond Market Index Fund Admiral VBTLX Vanguard Total International Stock Index Fund Admiral VTIAX Vanguard Total Stock Market Index Fund Admiral VTSAX Vanguard Windsor II Fund Admiral VWNAX Wells Fargo Premier Large Company Growth R64 EKJFX Gross Net Expense Expense Ratio' Ratio' N N Plan Servicing Credit Calculations Plan Revenue Servicing Shartng2 Credit' N N 0.50 0.50 0.00 0.00 0.38 0.38 0.00 0.00 0.43 0.43 0.08 (0.08) 0.87 0.86 0.25 (0.25) 0.12 0.12 0.00 0.00 0.14 0.14 0.00 0.00 0.11 0.11 0.00 0.00 0.13 0.13 0.00 0.00 0.05 0.05 0.00 0.00 0.12 0.12 0.00 0.00 0.13 0.13 0.00 0.00 0.14 0.14 0.00 0.00 0.15 0.15 0.00 0.00 0.15 0.15 0.00 0.00 0.15 0.15 0.00 0.00 0.13 0.13 0.00 0.00 0.05 0.05 0.00 0.00 0.11 0.11 0.00 0.00 0.04 0.04 0.00 0.00 0.26 0.26 0.00 0.00 0.71 0.65 0.00 0.00 Page 25 of 219 Have questions? Fees are important and help ensure that, regardless of the investments selected, all plan participants share in the cost of retirement plan administration. As you plan your financial goals, keep in mind that fees are just one factor in the decision -making process. If you have questions about any of the fees associated with your retirement plan, you can visit TIAA.org /stlucieco or call TIAA at 800-842-2252, weekdays, 8 a.m. to 10 p.m., and Saturday, 9 a.m. to 6 p.m. (ET). 1. Gross expense ratio includes all of an investment's expenses. Net expense ratio takes into account any investment fee waivers and expense reductions, giving an indication of what is currently being charged. 2. "Revenue sharing" is a term that describes the practice when investment providers share in the cost of plan administration. Please note that TIAA Traditional, TIAA Real Estate, TIAA Stable Value, and all CREF Annuity accounts do not have a revenue sharing; rather, they have a "plan services offset" that is applied to your plan's administrative and recordkeeping costs. 3. Plan Servicing Credit is determined by subtracting the amount of revenue share provided by each investment option you choose from itself. If you choose an investment with revenue sharing, you'll receive a credit for that amount. 4. A contractual or voluntary fee waiver may apply. See fund prospectus for details. "This investment is a collective investment trust, not a mutual fund, and therefore does not have a ticker symbol. This material is for informational or educational purposes only and does not constitute investment advice under ERISA. This material does not take into account any specific objectives or circumstances of any particular investor, or suggest any specific course of action. Investment decisions should be made based on the investor's own objectives and circumstances. Investment, insurance and annuity products are not FDIC insured, are not bank guaranteed, are not bank deposits, are not insured by any federal government agency, are not a condition to any banking service or activity, and may lose value. Investment products may be subject to market and other risk factors. See the applicable product literature, or visit TIAA.org /stlucieco for details. You should consider the investment objectives, risks, charges and expenses carefully before investing. Please call 877-518-9161 or go to TIAA.org/stlucieco for current product and fund prospectuses that contain this and other information. Please read the prospectuses carefully before investing. TIAA-CREF Individual & Institutional Services, LLC, Teachers Personal Investors Services, Inc., and Nuveen Securities, LLC, Members FINRA and SIPC, distribute securities products. Annuity contracts and certificates are issued by Teachers Insurance and Annuity Association of America (TIAA) and College Retirement Equities Fund (CREF), New York, NY. Each is solely responsible for its own financial condition and contractual obligations. ©2018 Teachers Insurance and Annuity Association of America -College Retirement Equities Fund, 730 Third Avenue, New York, NY 10017 MT 303520 631907 141026715 Page 26 of 219 L TIAA Amendment No. 3 to the Record Keeping Services Agreement Between Teachers Insurance and Annuity Association of America (TIAA) And St. Lucie County Dated August 20, 2013 Effective as of the dates stated below, or such later date as the parties shall agree by Notice, the Record Keeping Services Agreement ("Agreement"), dated August 20, 2013, between Teachers Insurance and Annuity Association of America ("TIAA") and St. Lucie County ("Employer") as Sponsor of the St. Lucie County Deferred Compensation Plan (the "Plan(s)"), is hereby amended as follows: 1. Effective as of the date signed by both parties, Section 8 ("Fees") is hereby deleted in its entirety and replaced with Section 8 ("Fees & Compensation for Services") of the Agreement which reads as follows: 8. FEES & COMPENSATION FOR SERVICES 8.1 TIAA's annual revenue requirement for the services under this Agreement is $105 per unique participant ($105 multiplied by the number of unique participants and beneficiaries equals, the "Revenue Requirement") per Plan. For the purposes of this Section 8.1 the aforementioned Revenue Requirement is only applicable to Plan participants with account balances greater than $2,500. TIAA's Revenue Requirement for the Plan(s) will remain in effect for a five (5) year period beginning January 1, 2019 (ending December 31, 2023) (the "Revenue Requirement Term"). If however this Agreement is executed and received within thirty (30) calendar days of when the first scheduled reconciliation would have been performed then the terms of the Reconciliation Process will begin in the next available reconciliation period. In the event that the Revenue Requirement has not been adjusted after the end of the Revenue Requirement Term, the current Revenue Requirement and how such Revenue Requirement shall be paid will remain in effect until such time as a new Revenue Requirement is established. Where the Employer with respect to a Plan maintains a balance in and makes active contributions to any of the mutual funds, other investment vehicles, and/or TIAA-CREF annuity contracts recordkept on TIAA's platform, TIAA will compare the Revenue Page 1 of 7 Client ID: 065233 V1.1 Page 27 of 219 L' TIAA Requirement to the revenue generated by such Plan on a quarterly basis to determine if the Plan generated sufficient revenue to meet TIAA's Revenue Requirement ("Reconciliation Process"). TIAA will provide the Employer a Reconciliation report accessible on PlanFocus, TIAA's administrative web service, which will provide the results of the Reconciliation Process. The revenue generated by the plan(s) that is considered by the Reconciliation Process to pay for TIAA's Revenue Requirement may be attributable to the following: 1. Investments that revenue share or provide for a Plan Services Expense offset: The Employer understands and agrees that certain proprietary and non-proprietary annuity accounts and mutual fund investments listed in Schedule B may pay to the Plan revenue sharing payments to be collected by TIAA or credit Plan Services Expense offsets credited by TIAA. The Employer understands and agrees that the amount of such revenue sharing payments or Plan Services Expense payments collected by TIAA shall be credited back to participants and beneficiary that maintain balances in those investments on a quarterly basis. Such credits shall be based upon the participant's and beneficiary's average daily balance and shall be credited to the specific investments held in the plan participant's and beneficiary's account that generated such revenue sharing payments or Plan Services Expense payments. The plan servicing credit shall be based upon the participant's average daily balance and processed in arrears with the first credit occurring on March 29, 2019, and quarterly thereafter. The current schedule of investments and their respective revenue share amounts or Plan Services Expense offset amounts are listed in Schedule B. Such revenue shares or Plan Services Expense offset are subject to change but in no event shall such changes change TIAA's Revenue Requirement as set forth above. 2. Any plan servicing fees deducted from participant accounts and paid to TIAA as follows: TIAA shall deduct an annual plan servicing fee of $105 ($105) based on assets in each Plan participant's and beneficiary's accounts ("Participant Accounts") held in the Retirement Choice Plus annuity contracts (the "TIAA-CREF Annuity Contracts") and any of the mutual funds listed in Schedule B for the Contracted Services provided by TIAA under this Agreement. The aforementioned annual plan servicing fee will only be deducted from the accounts of Plan participants with account balances greater than $2,500. Such fees shall be used in the Reconciliation Process to pay TIAA's Revenue Requirement. The plan servicing fee shall be calculated based upon the participant's average daily balance during the assessment period. Such fees shall be deducted pro rata from the annuity Page 2 of 7 Client ID: 065233 VLI Page 28 of 219 L.'TIAA contracts and mutual funds held in such Participant Accounts based upon the participants balance on the assessment date and shall be collected in arrears on a quarterly basis. The first plan servicing fee assessment date shall be March 29, 2019. However if the Agreement has not been executed by that date the aforementioned plan servicing fee shall first be assessed on the next available quarterly assessment date after the Agreement has been executed and will remain in effect for the duration of the Revenue Requirement Term. Subsequent quarterly assessments will be made on the last day of the calendar quarter unless the assessment date falls on a non -business day in which case the assessment will be made on the last business day prior to the scheduled assessment date. Notwithstanding the foregoing, the Employer may adjust the annual plan servicing fee with thirty (30) days advance written Notice to TIAA but in no event shall such adjustment change the Revenue Requirement for the Plan(s). In the event the Employer adjusts the annual servicing fee, the Employer agrees to amend this Section 8 to detail the new annual servicing fee prior to such change in fee becoming effective. In addition, at the end of the Revenue Requirement Term, the annual plan servicing fee may be adjusted upon review by the Employer and TIAA of TIAA's revenue requirements and may change in the event that TIAA's has established a new Revenue Requirement for the Contracted Services under this Agreement. For fees deducted from Participant Accounts, with respect to the funds described in Schedule B, the Employer authorizes TIAA, on its behalf, to instruct TIAA, FSB to debit the applicable Participant Account under the Plan in the appropriate amount. With respect to the TIAA-CREF Annuity Contracts, the Employer authorizes TIAA to debit the applicable Participant Accounts allocated to such TIAA-CREF Annuity Contracts under the Plan in the applicable amount. 8.2 In the event that the Reconciliation Process determines that the Plan(s) generated revenue in excess of TIAA's Revenue Requirement, TIAA shall credit the plan(s) Revenue Credit Account in the amount of the excess. A Revenue Credit Account is a suspense account held under the terms of the Plan which is funded with excess revenue generated from that Plan. Notwithstanding the foregoing, no Revenue Credit Account shall be funded if the excess amount determined under the Reconciliation Process is less than the annual threshold of $2,500 as calculated using the reconciliation frequency stated above. Page 3 of 7 Client ID: 065233 Page 29 of 219 7' L rl� TIAA The Revenue Credit Accounts may only be used either to pay direct, reasonable and necessary Plan expenses which the Plan(s) are authorized to pay or to provide benefits for Plan participants and beneficiaries in the form of plan servicing credits. Such credits can be paid to Plan participants' accounts, with at least thirty (30) days' Notice from the Employer to TIAA prior to the plan year end, in a method elected by the Employer provided that TIAA can administer such Employer election and provided that TIAA determines, in its sole discretion, that the elected method will not violate applicable law. Revenue Credit Account money should be paid out in the form of plan servicing credits and/or for plan expenses before the end of the plan year of each of the Plan(s). Payments from Revenue Credit Accounts directly to the Employer will be made only if the following procedures are followed: Legal counsel for the Employer will, in writing, provide assurance to TIAA that such legal counsel has reviewed the reimbursement arrangement for expenses to be paid directly to the Employer and that in its opinion the program, as structured, meets ERISA requirements for expense reimbursement and the terms of the Plan. This will be a onetime certification and will be effective for the duration of the Revenue Requirement Term. 2. Prior to each payment the Employer shall provide TIAA with a written certification that the expenses to be paid meet ERISA's requirements for reimbursement from the plan, including the requirements that they are reasonable in amount, necessary for the administration of the Plan and would not have been incurred but for the Plan (e.g., no overhead or settlor expenses, are covered). The Employer, as Named Fiduciary represents that payments from Revenue Credit Accounts shall be used to reimburse direct, reasonable and necessary expenses of the Plan(s) that the Plan(s) are authorized to pay or to provide revenue credits to Plan Participants Accounts as stated above. No payments shall be made directly to the Employer or the Named Fiduciary of the Plan(s) without adherence to the above requirements. For payments made directly to a Plan service provider, TIAA shall facilitate transactions to cover reasonable and necessary Plan expenses that each Plan itself could pay. To establish a service provider for reimbursement, the Employer shall provide a W-9 to TIAA. Newly established service providers shall be reimbursed through electronic funds transfer (EFT) means only. In addition, the Employer is responsible for any applicable tax -withholding and reporting (e.g., Page 4 of 7 Client ID: 065233 V1.I Page 30 of 219 TIAA 1099-MISC tax reporting). The service provider invoice must be submitted along with detailed payment instructions. The Employer agrees to utilize P1anFocus, TIAA's administrative web service to manage their Revenue Credit Accounts including establishing service providers, providing a W-9, and submitting reimbursement requests. Once instructed through P1anFocus, payments shall be made directly to the plan service provider within an administratively feasible period of time and no later than thirty (30) days after the date the instructions were received. 8.3 In the event that the Reconciliation Process determines that the plan(s) did not generate sufficient revenue to meet TIAA's Revenue Requirement and therefore results in a shortfall, the Employer understands and agrees that TIAA shall invoice the Employer for such shortfall and the Employer agrees to pay such invoice within thirty days of receipt. Notwithstanding the foregoing, no invoice to the Employer will be sent if the Plan's shortfall amount determined by the Reconciliation Process is less than the annual threshold of $2,500 as calculated using the reconciliation frequency stated above. 8.4 If, in the good faith determination of both parties the assumptions and terms as determined above have changed substantially, the parties agree to revise this section. The Employer and TIAA will amend this section and any additional agreements in order to reflect the new Revenue Requirement that will be used for the Reconciliation Process. Notwithstanding the foregoing, TIAA agrees to give the Employer sixty (60) days advance notice prior to requesting such a revision. In the event the Revenue Requirement Term expires and a new Revenue Requirement and/or Revenue Requirement Term has not been established, the terms of this Section 8 will continue until the effective date of the new Revenue Requirement and/or Revenue Requirement Term. 8.5 In the event that this Agreement covers a legal plan, as identified by the Employer and/or Plan Document ("Legal Plan"), and such Legal Plan is recordkept on TIAA's recordkeeping platform, the Reconciliation Process shall be based on the aggregation of data from the plan number(s) that constitute a Legal Plan. For the purpose of this Agreement, the table below details each Legal Plan and the associated Plan number(s) that will be utilized for the Reconciliation Process under this Section 8: Page 5 of 7 Client ID: 065233 Page 31 of 219 L'TIAA Legal Plan Name TIAA Plan Numbers St. Lucie County Deferred Compensation Plan 406292 2. Schedule B (Plan Funding Options) is hereby amended for the purpose of adding Plan Services Expense and revenue share reads as follows. There are no changes to the plan funding options for the Plan(s) covered under the Agreement. Plan Funding Options Non-ProPriet_ary_ Stable Value Annuity Fund Fund Name Annual 12b-1 and Revenue Share (in basis points) Ticker Columbia Trust Stable Government Fund I-0 0 RSCA# Non -Proprietary Mutual Funds Fund Name Annual 12b-1 and Revenue Share (in basis points) Ticker American Funds Europacific Growth R6 0 RERGX Dodge & Cox Income 8 DODIX Invesco SmallCapValue Y 25 VSMIX Vanguard LifeStrategy Cnsry Gr Inv 0 VSCGX Vanguard LifeStrategy Growth Inv 0 VASGX Vanguard LifeStrategy Income Inv 0 VAMIX Vanguard LifeStrategy Moderate Gr Inv 0 VSMGX Vanguard Mid Cap Index Adm 0 VIMAX Vanguard Real Estate Index Adm 0 VGSLX Vanguard Target Retirement 2020 Inv 0 VTWNX Vanguard Target Retirement 2030 Inv 0 VTHRX Vanguard Target Retirement 2040 Inv 0 VFORX Vanguard Target Retirement 2050 Inv 0 VFIFX Page 6 of 7 Client ID: 065233 Page 32 of 219 L TIAA Fund Name Annual 12b-1 and Revenue Share (in basis points) Ticker Vanguard Target Retirement 2060 Inv 0 VTTSX Vanguard Target Retirement Income Inv 0 VTINX Vanguard Total Bond Market Index Adm 0 VBTLX Vanguard Total Intl Stock Index Admiral 0 VTIAX Vanguard Total Stock Mkt Idx Adm 0 VTSAX Vanguard WindsorTM II AdmiralTM 0 VWNAX Wells Fargo Premier Large Company Growth R6 0 EKJFX Teachers Insurance and Annuity Association of America By: Print Name: Title: St. Lucie County By: Print Name: Title: Page 7 of 7 Client ID: 065233 Date: Date: Page 33 of 219 St. Lucie County 457(b) Deferred Compensation Plan Adopted XX/XX/2019 PLAN LOAN POLICY To the extent permitted by the Investment Arrangements in which the Plan assets are invested, St. Lucie County 457(b) Deferred Compensation Plan (the Plan) permits loans to be made to Participants pursuant to a written loan policy. The Plan Administrator is authorized to administer the plan loan policy. The Plan utilizes TIAA to administer the loan application and approval process based on the criteria set forth below in this document. All applications for loans will be made by a Participant through TIAA. Contact TIAA if you have questions regarding your loan options. 1. LOAN APPLICATIONBORROWER QUALIFICATION - • Loans are available to Participants on a reasonably equivalent basis. However, if you terminate employment, you will not be entitled to obtain a loan. A Participant must apply for each loan with an application which specifies the amount of the loan desired and the requested duration for the loan. Additional information may be requested by TIAA before a loan can be approved. • All loan applications will be considered by TIAA within a reasonable time after the Participant makes a formal application. • The loan will be treated as a directed investment of the borrower's Account. 2. LOAN LIMITATIONS - With regard to any loan made pursuant to this loan policy, the following rule(s) and limitation(s) will apply, in addition to such other requirements set forth in the Plan: • Loans to a Participant will not be approved in an amount which exceeds 50% of the participant's nonforfeitable account balance. The maximum aggregate dollar amount of loans outstanding to any Participant may not exceed $50,000, reduced by the excess of the Participant's highest outstanding Participant loan balance during the 12-month period ending on the date of the loan over the Participant's current outstanding Participant loan balance on the date of the loan. • No loan in an amount less than $1,000 will be granted to any Participant for any single loan. • A Participant can have 3 loan(s) currently outstanding from the Plan. No new loan can be approved if a default incurred unless the default status is cured. • Loan refinancing is not permitted. 3. ACCOUNT RESTRICTIONS - With regard to loans made pursuant to this loan policy (subject to the investment arrangements), the following rules apply: • Loans may only be made from accounts attributable to: a. Unmatched Pre-tax Elective Deferrals Page 34 of 219 b. Rollovers from other plans 4. EVIDENCE AND TERMS OF LOAN. TIAA will document every loan in the form of a promissory note signed by the Participant for the face amount of the loan, according to the following: • Any loan granted under this policy will bear a reasonable rate of interest. • The interest rate will be fixed for the term of the loan and will be equal to the Federal Reserve Board Bank prime loan rate plus 1 percent at the time of the loan origination. • If you are currently employed by the Employer, the Plan Administrator will require you to enter into a payroll deduction agreement to repay the loan. If you have Terminated employment, it is the employees responsibility to set up ACH repayment directly with TIAA for monthly repayments until the loan has been paid in full. • The Plan Administrator will fix the term for repayment of any loan; however, in no instance may the term of repayment be greater than five years, unless the loan qualifies as a home loan. A "home loan" is a loan used to acquire a dwelling unit which, within a reasonable time, you will use as a primary residence. The term for a home loan will be no more than 10 years. Loans for primary residences will require additional documentation for approval by TIAA. • All loans will be considered a directed investment from your account(s) in the Plan. • There will be a charge to your account for expenses, directly related to the loan set up, annual maintenance, administrative charges, and collection of the note. • A loan is not due upon termination of employment but could be paid as a lump sum upon terminating from employment, unless directly rolled over (if otherwise permitted) to another employer's plan. If there is a change of Record Keeper, the loan could be transferred to the new Record Keeper and employee would still continue to make payments through payroll to the new Record Keeper. • A loan, if not otherwise due and payable, is due and payable on termination of the Plan, notwithstanding any contrary provision in the promissory note. Nothing in this loan policy restricts your Employer's right to terminate the Plan at any time. • You should note that the law treats any amount of any loan not repaid as a taxable distribution on the last business day of the quarter following a quarter in which loan payments have NOT been received. However, defaulted loans can always be repaid at any time after default. ** Please note that interest continues to accrue on a defaulted loan until the loan is paid in full. 5. SECURITY FOR LOAN. The Plan will require that you provide security before a loan is granted. For this purpose, the Plan will consider your interest under the Plan (account balances) to be adequate security. However, in no event will more than 50% of your vested interest in the Plan (determined immediately after origination of the loan) be used as security for the loan. ** Please see above loan limitations.** 6. FORM OF PLEDGE. The pledge and assignment of your account balances will be in the form prescribed by the Plan Administrator. 2 Page 35 of 219 7. LEAVE OF ABSENCE/SUSPENSION OF PAYMENT. The Plan Administrator will suspend loan repayments for a period not exceeding one year which occurs during a military leave of absence. The Plan Administrator will provide you with an explanation of the effect of a military leave of absence upon your loan. 8. PAYMENTS AFTER LEAVE OF ABSENCE. When payments resume following a payment suspension in connection with a military leave of absence authorized above, you must select one of the following methods to repay the loan, to the extent permitted by the investment provider, plus accumulated interest: • You will increase the amount of the required installments to an amount sufficient to amortize the remaining balance of the loan, plus accrued interest, over the remaining term of the loan. • You will pay a balloon payment of the remaining unpaid principal and interest, at the conclusion of the term of the loan as determined in the promissory note. • You may extend the maturity of the loan and re -amortize the payments over the remaining term of the loan. In no event will the amount of the adjusted installment payment be less than the amount of the installment payment provided under the promissory note. The revised term of the loan will not exceed the maximum term permitted above, augmented by the time you were in the United States military service. 9. DEFAULT. TIAA will treat a loan as in default if: • Any scheduled payment remains unpaid beyond the last day of the calendar quarter following the calendar quarter in which the Participant missed the scheduled payment. • Upon default, you will have the opportunity to repay the loan, resume current status of the loan by paying any missed payment plus interest or, if distribution is available under the Plan and investment arrangements, request distribution of the note. Pending final disposition of the note, you remain obligated for any unpaid principal and accrued interest. Page 36 of 219 9 11111110�'-NW COUNTY F L O R I D Ar TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners Daniel McIntyre, County Attorney County Attorney 8.B.2. 2019-46701 CONSENT AGENDA -COUNTY ATTORNEY DATE: 9/10/2019 *ACTION ITEM - REQUEST FOR QUALIFICATIONS Request for Qualifications (RFQ) No. 19-028, Professional Engineering Services for Solid Waste - Approval of Short -Listed Firm for Continuing Contract Responses to RFQ No. 19-028, Professional Engineering Services for Solid Waste - Continuing Contracts, were opened. One proposal was received from CDM Smith. The services provided by this contract are as follows on an as -needed basis: 1. Solid waste facility permitting and design (open or closed) 2. Designing, reviewing, and researching leachate treatment and transmission systems 3. Ground and surface water data analysis and related issues 4. Landfill gas collection system design, maintenance, operation, installation, and compression and delivery systems 5. Solid waste rate evaluation and recommendation 6. Waste stream composition study and analysis 7. Solid waste recycling systems design and evaluation 8. On -site construction services 9. Annual permit preparation 10. Emerging and thermal conversion technology investigation and evaluation 11. Solid Waste Master Plan services 12. Annual/semi-annual, quarterly, permit compliance services (volumetric survey, ground and surface water sampling and analysis, landfill gas system monthly monitoring and quarterly sweeps, etc.). The short-listed firm is as follows: 1. CDM Smith - Vero Beach, Florida Page 37 of 219 PREVIOUS ACTION: N/A FINANCIAL IMPACT: Sufficient funding is available from 401-3410-531000-300. RECOMMENDATION: Staff recommends Board approval of the short-listed firm for Professional Engineering Services for Solid Waste as a continuing contract and permission to: •Conduct contract negotiations with the short-listed firm; •If negotiations are successful, award contract to the short-listed firm and authorization for the Chair to sign the documents as prepared by the County Attorney; •Cancel the current Solid Waste professional engineering services continuing contract C15-01-122 CDM Smith COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Daniel McIntyre, County Attorney Desiree Cimino, Purchasing Manager George Landry, Solid Waste Director Ron Roberts, Director of Public Utilities Coordination/Signatures 8/7/2019 8/14/2019 8/21/2019 8/21/2019 Page 38 of 219 Mark Satterlee, Deputy County Administrator 8/27/2019 Page 39 of 219 i BOARD OF COUNTY COMMISSIONERS 6UNT- Y F L 0 R I D A TABULATION SHEET RFQ No. 19-028 PURCHASING DEPARTMENT Professional Engineering Services — Solid Waste OPENED: April 10, 2019 AT 3:00 PM One (1) Submittal was received for subject proposal: CDM Smith Contact: Eric J. Grotke Phone: 772-231-4301 1 Fax: 772-231-4332 Address: 1701 Highway A1A, Suite 301, Vero Beach, FL 32963 NUMBER OF COMPANIES NOTIFIED*: NUMBER OF BID DOCUMENTS DISTRIBUTED* NUMBER OF BIDS RECEIVED: * - Per demandstar.com 624 28 1 Page 40 of 219 7COUNTY F L R i D A TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners JoAnn Riley, Property Acquisition Manager Property Acquisition Division 8.B.3. 2019-46744 CONSENT AGENDA -COUNTY ATTORNEY DATE: 9/10/2019 *ACTION ITEM - PERMISSION TO ADVERTISE Request Permission to Advertise - Notice of Public Hearing - Abandonment of a portion of Poinsetta Avenue This is a request to advertise a Notice of Public Hearing to abandon a portion of Poinsetta Avenue an unopened, unmaintained 25' right-of-way as shown on the plat of the Tropics Subdivision recorded in Plat Book 6, Page 21 of the Public Records of St. Lucie County. Mr. Richmond previously requested an abandonment of this portion of the road adjacent to his property but was denied because his neighbors objected. The neighbors have now consented to the abandonment. PREVIOUS ACTION: April 2, 2019 - Board of County Commissioners denied Mr. Richmond's request to abandon a portion of Poinsetta Avenue. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board authorize staff to advertise a public hearing to be held on October 1, 2019 at 6:00 p.m., or as soon thereafter as the item may be heard. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None Page 41 of 219 AYES: None NAYS: None EXCUSED: None Coordination/Signatures JoAnn Riley, Property Acquisition Manager Daniel McIntyre, County Attorney 8/21/2019 8/21/2019 Mark Satterlee, Deputy County Administrator 8/27/2019 Page 42 of 219 AS 0., ! A` �o 7F�LOUNTY R I D A^ 46 TO AGENDA REQUEST Board of County Commissioners 8.B.4. 2019-46747 CONSENT AGENDA -COUNTY ATTORNEY DATE: 9/10/2019 *ACTION ITEM - CONTRACT PRESENTED BY: JoAnn Riley, Property Acquisition Manager SUBMITTED BY: Property Acquisition Division SUBJECT: Contract for Sale and Purchase - Melville Road Stormwater Improvements William Blunkall - portion of Parcel ID 3410-603-0050-000-4 BACKGROUND: The project area is located between Oleander Avenue and Melville Road, south of Midway Road in White City. The goals of the project are to provide water quality treatment and flood attenuation for an older subdivision platted and built prior to stormwater regulations. The Water Quality Division has been working with engineering and environmental consultants to design and permit the initial phase of the Melville Road Stormwater project. Surveying has revealed that the County requires land at the intersection of Ulrich Road and Melville Road. The County -owned section of Melville Road narrows from 60 feet to 30 feet, an insufficient right-of-way width to construct the improvements. Melville Road encroaches approximately 5 feet into private property. Public Works coordinated with the Property Acquisition Division to provide a contract to purchase a 15' strip of land from Mr. William Blunkall at the northwest corner of the intersection of Ulrich Road and Melville Road. This strip of property would cure the roadway existing on private property and permit drainage infrastructure placement alongside the roadway. Deighan Consultants conducted an appraisal and assigned a value of $8,500.00 for the strip needed. Mr. Blunkall has counter -offered at $15,000.00 for the property. Deighan Consultant was asked what the range of value would be on the property appraised and stated the high end of valuation would be $10,000.00. Condemnation of property for drainage projects is not a practical alternative. According to the County Attorney, the cost of condemning the parcel would be approximately $35,000.00 including attorneys fees and costs in the best case. Also, based on the existing narrow right-of-way little ability exists for the County to reroute the drainage without the use of expensive and impractical pumping systems, requiring re -design. A "do not build" option would eliminate a nearly $2 million dollar project and would reduce the County's efforts to comply with the TMDLs of the State's mandate to clean the water flowing into the St. Lucie Estuary. Page 44 of 219 Public Works has prepared the attached Memorandum and agrees with the staff recommendation set out below. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Funds will be available in account #102001-3725-561000-123600-Stormwater / Melville Road. Line to Line #2019-0673, 5071. RECOMMENDATION: Staff recommends the Board accept the contract from William Blunkall, authorize the Chair to sign the contract and direct staff to proceed with the closing and record the warranty deed in the public records of St. Lucie County. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Jennifer Hill, Office of Management & Budget Director 8/19/2019 Daniel McIntyre, County Attorney 8/21/2019 Mark Satterlee, Deputy County Administrator 8/27/2019 Page 45 of 219 Saint Lucie County Property Appraiser J '► � O-. , r 11-...tea NOA • T- 6 ,F S�1t; OWN VYI vw qpjl✓• ULRICH RD August 16, 2019 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 46 of 219 SKETCH OF INFORMATION MELVILLE ROAD PAVEMENT ENCROACHMENT ONTO PRIVATE PROPERTY F..r 6'Round � :1r}' I .l� Monument O'10 10) Imm_Russ Road (50' R/W) a I. f E E s If u. t.:, T' w � �.�r°' j ♦Y = yJ Fountl�6' Round •> r y`y Ago f 1 Rod 1.o ID) 15.59'�14.41 15 1 Fip (Nu IO i � P ^ E � W I� E I, - r _ c: d rw7TrA it111 I w I 31'p Y_ E=9iT6186' ' *' ELEV. = 16 95' NkVD 60 y 15AT Which Road (40' RIW) lyl n 1-7 M¢blUa Roatl -f,-iis�,� ri E = 6'I3625.]l' 0' 50' SCALE: V = 50' z f Q j> ZOF aWa Oza LL W W LL OaK =aa OHO Q O F- , 0: 0 LU I Page 47 of 219 SKETCH OF DESCRIPTION "This is not a boundary surrey" DESCRIPTION The east 15 feet of Lot 37, Block B, Ulrich Subdivision as recorded in Plat Book 5 Page 64 public records of St. Lucie County, Florida. Containing 2196 square feet or 0.050 acres more or less. 01 30 I I I SCALE: 1 " = 30' 54" F 50' 34.44' 7 5" I ' I I I I q l I _ 35 36 37 I I - - 9 � LU BLOCK B It6 I t` ULRfCH SUBDIVISION t` ' `.. I cr_ --�- 5��L4.5�' ?5" L-50" LEGEND 1 ABBREVIATIONS POB = Point of Beginning POC = Point of Commencement ID = Identification ORB = Official Record Back PG = Page SEC = Section TOWN = Township N 2 z P m z ULRICH ROAD SURVEYORS NOTES This is not a boundary survey. The above legal description was prepared by the undersigned surveyor and mapper CERTIFICATE: I hereby certify that the sketch of legal description represented hereon, dated this 06th day of June, 2019, is true and correct to the best of my knowledge and belief, and meets the Standards of Practice set forth by the Florida Board of Surveyors and Mappers in Chapter 5J-17.052, Florida Administrative Code, pursuant to Section 472.072 Florida Statutes. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER ROD REED PROFESSIONAL SURVEYOR AND MAPPER STATE OF FLORIDA NO. 3916 W i m e z a _ S j BOARD OF COUNTY COMMISSIONERS sKerck o�.oe+�oiaREVISIONS GH( RR ST. LUCIE COUNTY, FLORIDA DRAWN RR n �gc b Im PUBLIC WORKS DEPT., ENGINEERING DIVISION � z SURVEY SECTION 2300 VIRGINIA AVE.. FORT PIERCE, FLORIDA, 34982 TELEPHONE 462.1707 7 WWI- -PUBLIC WORKS DEPARTNIE AUG 0 7 2019 PROPERry �. DATE: July 31, 2019 a[ � e[E Do TO: Dan McIntyre, County Attorney AUG 0 6 2019 THROUGH: Don West, Public Works Directorvv �� ..0U . A.T, ORNEY FROM: Patrick Dayan, Water Quality Division Manag Z7� SUBJECT: Land Acquisition for Melville Road Stormwater Project — Blunkall Parcel The project area is located between Oleander Avenue and Melville Road, south of Midway Road in White City. The goals of the project are to provide water quality treatment and flood attenuation for an older subdivision of residential homes platted and built prior to stormwater regulations. This project has existed on the County's Capital Improvement Plan (CIP) and helps the County comply with the state of Florida's established total maximum daily loads (TMDL) for the St. Lucie River watershed. The County recently acquired a 14-acre tract of land which permits for the improvement of the eastern portion of the neighborhood, which will include the reconstruction of Melville Road from Ulrich Road north to the limit of the Midway Road expansion project currently under construction by FDOT. The Water Quality Division has been working with engineering and environmental consultants to design and permit the initial phase of the Melville Road Stormwater Project. Surveying has revealed that the County requires additional land at the intersection of Ulrich Road and Melville Road. The County -owned section of Melville Road narrows from sixty feet wide to thirty feet wide, insufficient right-of-way width to construct the improvements. The current travelway of Melville Road encroaches approximately five feet into private property, further complicating construction. Public Works staff has coordinated with the Property Acquisition Division to provide a contract for purchase of a fifteen -foot wide strip of land to the owner, Mr. William Blunkall, of the undeveloped parcel (3410-603-0050-000/4) at the NW corner of the intersection of Ulrich Road and Melville Road. This strip of property would cure the roadway existing in private property, and permit drainage infrastructure placement alongside the roadway. Deighan and Consultants conducted a certified appraisal and a value of $8,500.00 assigned to the property. Mr. Blunkall has counter - offered at $15,000 for the property. Deighan and Consultants was asked what the range of value could be on the appraised property and stated the high end of valuation would be $10,000. The County has several options for consideration: 1. Condemnation of property for drainage projects is not a practical alternative, as the process is lengthy, costly, and may not end in a favorable judgement for the County. 2. Based on the narrow right-of-way, little ability exists for drainage re-routing without the use of expensive and impractical pumping systems, requiring re -design. 3. The "do not build" option would eliminate a nearly $2 million dollar project, and would reduce the County's efforts to comply with the TMDLs of the State's mandate (403.067, Page 49 of 219 WNW - PUBLIC WORKS DEPARTMa]ENT----- F.S.) to clean the water flowing into the St. Lucie Estuary, as indicated in the Basin Management Action Plan (BMAP) for the watershed. 4. Agree to the additional amount requested by Mr. Blunkall for the subject property. Options one and two would most certainly exceed $5,000 in projected cost and extend the timeline for the project for an undetermined amount of time. Based on all of the above alternatives, staff recommends that the County increase the offer to Mr. William Blunkall to $15,000 (a differential of $5,000 over the appraised value) for the subject property and present the request to the BOCC for action at the next possible convenience. Page 50 of 219 PROJECT NAME: Melville Road Improvements PARCEL: WILLIAM BLUNKALL-PARCEL 3410-603-0050-000/4 (portion) CONTRACT FOR SALE AND PURCHASE FOR REAL PROPERTY ACQUISITION THIS AGREEMENT made this day of , 2019 WILLIAM BLUNKALL, whose mailing address is 1960 MT. HEBRON ROAD, DAWSON SPRINGS, KY 42408 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" 1. PURCHASE PRICE AND METHOD OF PAYMENT. The full purchase price Fifteen Thousand and 00/100 Dollars, determined to be the rounded total of the following: ($15,000.00) Real Property Parcel 3410-603-0050-000/4 (Portion) $15,000.00 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 or subordination agreement upon any existing mortgage shall be borne by PURCHASER. 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 1 Page 51 of 219 date not earlier that 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 Special Warranty Deed, all real property to be free and clear of all liens and encumbrances except, taxes for the current year, easements and zoning ordinances as shown on the title commitment and not otherwise objected to by Purchaser. 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 deliver to 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 z Page 52 of 219 charges for the day of closing shall belong to and be borne by the SELLER. 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 September 30. 2019 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. 3 Page 53 of 219 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 fault of SELLER, all monies paid hereunder may be retained 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. The assignment is subject to SELLER's consent which consent will not be unreasonably withheld. 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, 4 Page 54 of 219 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. 20. OFFER TO SELL. SELLER and PURCHASER recognize and agree that by signing 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 5 Page 55 of 219 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 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. 6 Page 56 of 219 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. IN WITNESS WHEREOF, the parties have hereunto affixed their hands and seals. EXECUTED by SELLER this _ day of , 2019. Witness WILLIAM BLUNKA L Witness STATE OF COUNTY OF IThe foregoing instrument was acknowledged before me this day of V ,2019, by WILLIAM BLUNKALL, (who is personally known to me) or who has produced a drivers license issued within the last five years as identification. No ary Public My Commission Expires (Printed, Typed or Stamped Name of Notary Public) Page 57 of 219 EXECUTED by PURCHASER this day of , 2019 ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY Page 58 of 219 EXHIBIT "A" SKETCH OF DESCRIPTION "This is not a boundary survey" DESCRIPTION The east 15 feet of Lot 37, Block B, Ulrich Subdivision as recorded in Plat Book 5 Page 64 public records of St. Lucie County, Florida. Containing 2196 square feet or 0.050 acres more or less. F- 50' ~ T- 501f -T 34.44' 15' 1 I 1 35 1 I 1 35 37 �* BLOCK B 1 1 I ULRf CH SUBDIVi ION 1 1 I I I I I 1 1 L _Via' - -.L_. - 5D'--L4.52' 15' LEGEND 1 ABBREVIATIONS POB - Point of Beghtning POC - Point of Commencement ID = Identification ORB = Official Record Book PG = Page SEC = Section TOWN = Township �; Hgj ULRICH ROAD SURVEVORs NOTES This is not a boundary survey. The above legal description was prepared by the undersigned surveyor and mapper. CERTIFICATE- I hereby certify that the sketch of legal descripticin represented hereon, dated this 06th day of June. 2019, is true and correct to the best of my knowledge and belief, and meets the Standards of Practice set forth by the Florida Board of Surveyors and Mappers In Chapter SJ4 .052, Florida Administrative Code, pursuant to Section 472.012 Florida Statutes. BOARD OF COUNTY COMMISSIONERS ST. LUCIE CQUWrY, FLORIDA PUBLIC WORKS DEPT., ENGINEERING DIVISION SURVEY SECTION Im 0" 30, I I SCALE: 1.1 = 30' NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND M, ROD REED PROFESSIONAL SURVEYOR AND MAPPER STATE OF FLORIDA NO. 39t6 2300 VIRGINIA AVE., FORT PIERCE, FLORIDA, 34962 Page 59 of 219 EXHIBIT "B" SCHEDULE OF LEASES, TENANCIES AND OCCUPANCIES d �' 10 Page 60 of 219 EXHIBIT "C" CONTRACTS, LICENSES AND AGREEMENTS �) R 11 Page 61 of 219 EXHIBIT "D" OPERATION, MAINTENANCE AND EMPLOYMENT AGREEMENTS � R 12 Page 62 of 219 EXHIBIT "E" POLICIES OF INSURANCE 13 Page 63 of 219 7F�LOUNTY R I D A^ 46 TO AGENDA REQUEST Board of County Commissioners 8.B.5. 2019-46763 CONSENT AGENDA -COUNTY ATTORNEY DATE: 9/10/2019 *ACTION ITEM -AMENDMENT PRESENTED BY: Heather Young, Assistant County Attorney III SUBMITTED BY: County Attorney SUBJECT: Teamsters Local Union No. 769 - First Amendment to October 1, 2018 Collective Bargaining Agreement BACKGROUND: Attached to this agenda item is the proposed First Amendment to the October 1, 2018 Collective Bargaining Agreement with Teamsters Local Union No. 769. The proposed amendments to the current agreement are as follows: 1. Article 12, Probationary Period - Clarifies applicability to employees serving an initial hire probationary period as well employees in a probationary period as the result of a promotion. 2. Article 13, Separations - Amends Section 6, Discharge or Termination, to make the notice requirements consistent with Article 27, Discharge and Discipline. 3. Article 32, Wages - Provides for a 3.5% or $.75/hour increase, whichever is greater, for Fiscal Year 2019/20 (October 1, 2019 through and including September 30, 2020). This is equal to the increase in the FY2019/20 proposed budget for non -bargaining unit employees. The Union will conduct its ratification meeting for the proposed First Amendment on August 28, 2019. PREVIOUS ACTION: The Board of County Commissioners approved the current Collective Bargaining Agreement with Teamsters Local Union No. 769 on September 18, 2018. FINANCIAL IMPACT: Sufficient funds are included in the proposed FY2019/20 budget. Page 64 of 219 RECOMMENDATION: Staff recommends the Board approve the proposed First Amendment to the Collective Bargaining Agreement with Teamsters Local Union No. 769, subject to ratification by the bargaining unit, and authorize the Chair to sign the First Amendment. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Daniel McIntyre, County Attorney 8/21/2019 Ceretha Leon, Human Resources Director 8/22/2019 Jennifer Hill, Office of Management & Budget Director 8/22/2019 4 0 Howard Tipton, County Administrator 8/23/2019;� Page 65 of 219 FIRST AMENDMENT TO OCTOBER 1, 2018 COLLECTIVE BARGAINING AGREEMENT THIS FIRST AMENDMENT by and between the BOARD OF COUNTY COMMISSIONERS, ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as the "County", and TEAMSTERS LOCAL UNION NO. 769, AFFILIATED WITH THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, hereinafter referred to as the "Union". WHEREAS, effective October 1, 2018, the parties entered into a Collective Bargaining Agreement, hereinafter referred to as the "Agreement", for the period October 1, 2018 through and including September 30, 2021; and, WHEREAS, Article 39, Duration of Agreement, provides for the parties to reopen Article 32, Wages, and one other article of each parties choosing during May of 2019 and 2020; and, WHEREAS, the parties desire to amend the Agreement by amending Article 12, Probationary Period, Section 6 (Discharge or Termination) of Article 13, Separations, and Article 32, Wages. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Agreement as follows: 1. The Agreement shall be amended by amending Article 12, Probationary Period, Section 6 (Discharge or Termination) of Article 13, Separations, and Article 32, Wages, as set forth in Exhibit "A", attached hereto and incorporated herein. 2. This amendment shall take effect on October 1, 2019. 1 Page 66 of 219 3. The remaining terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the dates below written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK CHAIR DATE: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY TEAMSTERS LOCAL UNION NO. 769 AFFILIATED WITH THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA BY: PRESIDENT DATE: BY: g:\atty\agreemnt\union.k.la.19.doc 7 BUSINESS AGENT Page 67 of 219 EXHIBIT "A" ARTiri F 17 PROBATIONARY PERIOD Section 1. The probationary period is an integral part of the hiring and promotion process It is utilized to closely observe the new employee's work, to secure the most effective adjustment of a new employee to the position, and to reject any employee whose performance does not meet the required standards. Sartinn 7 Thor ien shall „nly apply to Employees serving shall serve an a probationary period following initial hiring by the County ("new hire") or promotion. Except as otherwise provided in Articles 13, 14 and 15 of this Agreement, the probationary period shall extend a minimum of six (6) months from the employee's first day of work with the County or in the position to which he has been promoted. An employee will receive a minimum of two (2) written evaluations during this six (6) month period. The County may extend an employee's probationary period one time beyond the end of the minimum probationary period for a period not to exceed thirty (30) calendar days upon approval of the County Administrator/designee. Further, the probationary period will be extended by the number of days an employee is absent whether paid or unpaid during the probationary period. When the employee has successfully completed the probationary period, and any extension, he shall be placed on regular status. An employee may be terminated with or without cause during the initial probationary period, including any extensions. Section 3. Regular status denotes final appointment in a specific County position and classification following successful completion of the probationary period, and any extension thereof. Section 4. A newly hired employee who does not successfully complete his probationary period is not entitled to the Grievance/Arbitration Procedures or payments of sick leave or vacation leave -+ the +i ffle „f terms:,;, at6eR if terminated. Cartinn r. If an employee who is serving a probationary period ineirred as a result of a promotion is found to be unqualified to perform the duties of the higher position, a good faith effort will be made to return the employee to the position and status he held immediately prior to the promotion. If the employee is returned to this former position, his wages will be the same amount he would have been 3 Page 68 of 219 paid if he had not been promoted, including any increases which he would have achieved during the period he held the higher position. If the employee's former position is filled, the employee may be transferred to a vacant position, for which he qualifies, subject to the approval of the Department Head and the County Administrator. If no vacancy exists for which the employee is qualified, he will to be placed in a layoff status with recall rights pursuant to Article 14 of this Agreement. ARTiri F 1 q SEPARATIONS (Amending Section 6 Only) Section 6. Discharge or Termination A. A discharge or termination is the involuntary separation of an employee from County employment. Employees discharged for disciplinary reasons shall not generally be eligible for re-employment and shall lose all seniority and reinstatement privileges. B. A discharged employee will be allowed to discuss the discharge with the Union Steward before he is required to leave the property of the County, unless his presence creates an unsafe situation. C. unit, but failuFe to give suEh notice shall not affect the validity of the d*schaFge-. The County shall notify the Union of the discharge in accordance with Article 37, Section 1, but failure to izive such notice shall not affect the validity of the discharge. D. Discipline or discharge of employees in a new hire probationary period shall not be subject to the grievance or arbitration procedures. ARTICLE 32 WAGES Section 1. Except as provided in Sections 2 and 3 below, members of the bargaining unit who are on the County payroll as of the date this Agreement is approved by both parties shall receive a three and one/half percent (3.5%) or seventy-five cents ($.75) per hour increase in his/her hourly rate of pay, whichever is greater, effective for the period October 1, 2018 through and including September 30, 2019. Except as provided in Sections 2 and 3 below, members of the bargaining unit who are on the County Payroll as of the date this Agreement is approved by both parties shall receive a three and one/half 4 Page 69 of 219 percent (3.5%) or seventy-five cents ($.75) per hour increase in his/her hourly rate of pay, whichever is greater, effective for the period October 1, 2019 through and including September 30, 2020. The parties agree to reopen this Article for negotiations for FY 2019/20 and FY 2020/21. Such negotiations shall before June 15t of each year. Section 2. Upon promotion to a higher pay grade, each bargaining unit employee shall receive a five percent (5%) wage increase or the bottom of the pay range for new position, whichever is greater Cprtinn q Except as otherwise provided in Article 16 (Promotions) and Article 16 (Transfers), upon satisfactory completion of the probationary period, an employee shall receive a five percent (5%) wage increase, effective with the first payroll period after satisfactory completion of the probationary period Section 4. The parties acknowledge and agree that no member of the bargaining unit shall receive a Service Award bonus, as described in Section 4.08 of the Employee Handbook. 5 Page 70 of 219 7COUNTY F L R i D A TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners Daniel McIntyre, County Attorney County Attorney 8.B.6. RES-2019-184 CONSENT AGENDA -COUNTY ATTORNEY DATE: 9/10/2019 *RESOLUTION ITEM - AMENDMENT QUASI-JUDICIAL ITEM? NO Resolution No. 19-184 - Amendment to the Facilities Use Agreement Between St. Lucie County and the Department of Financial Services, Division of Workers' Compensation The County owns a facility located at 3071 Oleander Avenue, Fort Pierce, Florida. The Department of Financial Services, Division of Workers' Compensation currently uses the facility as depicted in Exhibit "A" (approximately 150 square feet with its own private entrance/exit) to operate a satellite office for an investigator. The current agreement expires September 7, 2019. The County is willing to amend this agreement extending it to September 7, 2020 with DFS to permit it to continue to operate a satellite office. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board approval of the amendment to the Facility Use Agreement, the resolution, and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None Page 71 of 219 AYES: None NAYS: None EXCUSED: None Daniel McIntyre, County Attorney Daniel Retherford, Facilities Director Coordination/Signatures 8/22/2019 8/22/2019 Jeffrey Bremer, Deputy County Administrator 8/23/2019 Page 72 of 219 1 SECOND AMENDMENT TO SEPTEMBER 15, 2015 FACILITIES USE AGREEMENT THIS SECOND AMENDMENT, made and entered into on this day of , 2019, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County," and the DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION, a State of Florida government entity, hereinafter referred to as "DFS." W ITN ESSETH: WHEREAS, the County owns a facility located at 3071 Oleander Avenue, Fort Pierce, Florida, hereinafter referred to as the "Facility"; and, WHEREAS, on September 15, 2015, the parties entered into a Facilities Use Agreement which provided for DFS to use space in the Facility to operate a satellite office, hereinafter referred to as the "Agreement"; and, WHEREAS, on May 15, 2018, the parties entered into a First Amendment to the Facility Use Agreement, which extended the term of the Agreement for one (1) additional year through and including September 7, 2019; and WHEREAS, DFS has requested the term of the Agreement be extended for one (1) additional year through and including September 7, 2020; and WHEREAS, the County is willing to amend the Agreement to extend the term as requested by DFS. NOW, THEREFORE, in consideration of the mutual covenants and promises herein containedthe parties agree to amend the Agreement as follows: 1. Paragraph 3, TERM, of the Agreement is hereby amended to read as follows: 3. Term. The term of this Agreement shall be for the period beginning September 15, 2015 through and including September 7, 2020 unless otherwise terminated as provided herein. 2. All other terms and conditions of the Agreement, as previously amended, shall remain in full force and effect. Page 73 of 219 Ira IN WITNESS WHEREOF, the parties have executed this First Amendment on this day of 12019. ATTEST: BY: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney DEPARTMENT OF FINANCIAL SERVICES WITNESSES: DIVISION OF WORKERS COMPNSATION BY: Print Name and Title Page 74 of 219 S:\ATTY\AGREEMNT\FAC-USE\WorkersCompensation - 2A.wpd Page 75 of 219 RESOLUTION NO. 19-184 A RESOLUTION ALLOWING THE DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION, THE USE OF AN OFFICE LOCATED AT 3071 OLEANDER AVENUE, FORT PIERCE, FLORIDA, AS FURTHER DESCRIBED IN EXHIBIT "A"; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Department of Financial Services, Division of Workers' Compensation ( "DFS"), has requested the use of space at 3071 Oleander Avenue, Fort Pierce, FL , as further described in Exhibit "A" attached, (the "Site") for a satellite office; and WHEREAS, Section 125.38, Florida Statutes requires that any state agency wishing to use any real or personal property that may be owned by any county or this state or by its board of county commissioners, for public or community interest and welfare, may apply to the Board of County Commissioners for a conveyance or lease of such property; and WHEREAS, Section 125.38 further states that if it is determined by the Board of County Commissioners that such property is required for such use and is not needed for County purposes, the Board can allow the use of such property; and WHEREAS, DFS and the County desire to make the subject property available to DFS as a satellite office. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board does hereby grant permission to use the site for a satellite office. A description showing the location of the Site leased to DFS is attached hereto and made a part hereof as Exhibit "A." 2. The term of this Agreement shall begin on September 8, 2015 and terminate on September 7, 2020. Upon mutual written agreement, the parties may extend the Contract for one (1) additional one-year term, pursuant to the same terms and conditions. Either party may terminate this Agreement without cause upon thirty (30) days prior written notice to the other party. After motion and second, the vote on this resolution was as follows: Chair Linda Bartz XXX Vice Chair Cathy Townsend XXX Commissioner Chris Dzadovsky XXX Commissioner Sean Mitchell XXX Commissioner Frannie Hutchinson XXX Page 76 of 219 PASSED AND DULY ADOPTED this 101" day of September, 2019. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Page 77 of 219 8.B.7. 2019-46797 CONSENT AGENDA -COUNTY ATTORNEY AGENDA REQUEST DATE: 9/10/2019 *ACTION ITEM -AGREEMENT TO: Board of County Commissioners PRESENTED BY: Heather Young, Assistant County Attorney III SUBMITTED BY: County Attorney SUBJECT: Council on Aging of St. Lucie, Inc. - Lease Agreements for Three Public Transit System Buses BACKGROUND: In 2017 and 2018, the County received Section 5307 and Section 5310 grant funding from the Department of Transportation which included funding to purchase three new buses for the public transit system. Three proposed lease agreements with the County's public transit provider, Council on Aging of St. Lucie, Inc. ("COASL"), for the use and operation of the buses by are attached. The term of each lease is seven year (7), which equates to the useful life of the buses, but either party may terminate the leases upon thirty (30) days prior notice. In addition, the leases will terminate in the event COASL is no longer the County's public transit provider. PREVIOUS ACTION: On June 6, 2017, the Board accepted a 49 USC Section 5310 grant from the Federal Transit Administration which included funds for the purchase of a new bus for the public transit system. On January 23, 2018, and August 7, 2018, the Board accepted 49 USC Section 5307 grants from the Federal Transit Administration which included funds for the purchase of two additional new buses for the public transit system. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board approve the three proposed vehicle lease agreement with Council on Aging of St. Lucie County, Inc., and authorize the Chair to sign the agreements. COMMISSION ACTION: Page 78 of 219 RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Diana Wesloski, Community Services Director 8/28/2019 Wm 4- Jennifer Hill, Office of Management & Budget Director 8/28/2019 —U Daniel McIntyre, County Attorney Mark Satterlee, Deputy County Administrator 8/28/2019 wj�, 8/28/2019 Page 79 of 219 LEASE AGREEMENT THIS IS A LEASE AGREEMENT, by and between, and ST. LUCIE COUNTY, INC., a political subdivision of the State of Florida, ("Lessor") and COUNCIL ON AGING OF ST. LUCIE COUNTY, INC., a Florida not for profit corporation, ("Lessee"). In consideration of the mutual promises and covenants contained in this Lease and other good and valuable consideration, the receipt of which is acknowledged, it is agreed between Lessor and Lessee as follows: 1. LEASED VEHICLE. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the following described vehicle: 2019 Goshen Coach (VINIHA6GVBG5HN009283). 2. PURPOSE. Lessee agrees to use the vehicle solely to transport riders pursuant to its transit provider agreement with the Lessor. The use of the vehicle by the Lessee is specifically subject to the rules, regulations, and conditions promulgated by the State of Florida or any other federal, state, or local agency having jurisdiction over the operation of the vehicle. 3. MUTUAL REPRESENTATIONS AND WARRANTIES. Lessee acknowledges that it has made, or will have an opportunity to make, a thorough and complete inspection of the leased vehicle and is and will be fully advised of its condition, nature of construction, if any, and state of repair, prior to taking possession of the vehicle. Lessor warrants that Lessor has full authority to enter into this Lease. 4. LESSEE RESPONSIBILITIES with regard to the vehicle: The Lessee shall have the following responsibilities A. Lessee shall return the vehicle to the Lessor if, for any reason, the vehicle is no longer needed or used for the purpose intended under this Lease, including but not limited to termination or expiration of any agreement with the Lessor to serve as its transit provider. B. Lessee shall notify the Lessor within seventy-two (721 hours of any accident or casualty involving the vehicle. C. Lessee shall notify the Lessor and request assistance if the vehicle becomes unserviceable or requires repairs other than routine maintenance. 5. OPERATION COSTS. Lessee shall be responsible for all of the operating, maintenance and servicing charges and costs, including fuel and oil, and other expenses incurred in the use and operation of the leased vehicle. 11 Page 80 of 219 Lessee agrees to obtain at its expense all permits and licenses which may be required by any governmental unit. Upon Lessor's request, at reasonable intervals, Lessee shall promptly furnish to Lessor evidence satisfactory to Lessor showing Lessee's compliance with its obligations under this section. 6. REPAIRS AND MAINTENANCE. Lessee agrees at is expense to keep and maintain the vehicle in a good state of repair and condition. Lessee agrees at its expense to make all routine repairs to the vehicle. Lessee shall deliver the vehicle to Lessor upon the termination of this lease in a good state of repair and condition, ordinary wear and tear, and damage by the elements excepted. Lessee shall, throughout the term of this lease, assume the entire responsibility and shall relieve Lessor from all responsibility for all routine repair and maintenance whatsoever to the vehicle, including but not limited to adherence to the vehicle manufacturer's recommended preventative maintenance schedule, and for all repairs necessitated by the actions of Lessee, as its agent, servants, employees, customers, patrons or invitees. Lessee shall keep the vehicle at all times in a clean and orderly condition and appearance. Lessee shall maintain written maintenance records for the vehicle which shall be available to the Lessor for inspection during regular business hours. The parties acknowledge and agree that the Lessee's expenses for repair and maintenance of the vehicle may be reimbursable expenses under the Lessor's federal and state transit grants. Accordingly, the Lessee may submit invoices for such expenses to the Lessor for reimbursement if eligible under the Section 5310 Grant. 7. TERM; TERMINATION. The term of this lease shall begin on , 2019, (hereinafter referred to as the "commencement date"), and shall terminate seven (7) years from that date, or upon termination of the Lessee's transit provider agreement with Lessor. Delivery of the possession of the vehicle to Lessee shall be made on the date of this Lease. The term of this Lease may be extended upon the mutual consent of both parties. Either party shall have the right to terminate this lease without cause upon thirty (30) days prior written notice to the other party. 8. RENT. Lessee shall pay as rent for the leased vehicle a total amount of one and 00/100 dollars ($1.00) per year or a total of five and 00/100 dollars ($5.00) for the full lease term, as rent for the vehicle. At its option, the Lessee may pay the full amount of rent in advance. Payment shall be by check made payable to "St. Lucie County," and delivered to the St. Lucie County Finance Department, 2300 Virginia Avenue, Fort Pierce, FL 34982, or such other location as directed in writing by Lessor. The parties acknowledge and agree that the Lessee is exempt from all sales, use and like taxes. 9. INSPECTION OF VEHICLE. Lessor or its agents shall have the right to inspect the vehicle during normal business hours on twenty-four (24) hours notice for the purpose of inspecting the same, or for any other purposes not inconsistent with the terms of this lease. Lessor shall use its best efforts to not disturb the rights or business operations of Lessee or of 10 Page 81 of 219 any occupants of the vehicle, except in the event of an emergency. The exercise of any or all of the foregoing rights by Lessor shall not be construed to be an eviction of Lessee nor shall the same be grounds for any abatement of rental or grounds for any claim or demand for damages by Lessee against Lessor, consequential or otherwise. 10. DEFAULT. If Lessee shall default in the performance of any other term of this Lease then Lessor shall send to Lessee a written notice of default, specifying the nature of the default, and Lessee shall, within thirty (30) days after the date of notice, cure and remedy the default, whereupon this Lease shall continue as before. If Lessee shall fail to cure and remedy such default within the applicable time, Lessor shall have the right to declare, by written notice to Lessee, that the lease is in default, and to use all remedies available to Lessor. If written notice of the default shall have been given to Lessee, and if Lessee, prior to the expiration of thirty (30) days from and after the giving of such notice commences to eliminate the cause of such default and proceeds diligently to take all steps and do all work required to cure such default and does so cure such default, Lessor shall not have the right to declare that lease term ended by reason of such default; provided, however, that the curing of any default in such manner shall not be construed to limit or restrict the right of Lessor to declare the lease term ended and enforce all of its rights and remedies under this lease for any other default not so cured. 11. INDEMNIFICATION. Lessee is and shall be an independent contractor, responsible to all parties for all of its acts or omissions and Lessor shall in no way be responsible for such acts or omissions. Lessee shall and will indemnify and hold harmless Lessor from and against any and all liability, claims, damages, expenses, fees, fines, penalties, suits, proceedings, and actions and cost 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 the above vehicle by Lessee or its agents, employees, customers, patrons or invitee, or resulting from 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. 12. INSURANCE. The parties agree to the following provisions pertaining to insurance: A. Automobile Liability The Lessee shall, at its own cost and expense, promptly procure and pay for and at all time maintain a policy or policies of insurance in a company or companies acceptable to the Lessor, protecting and insuring the Lessor against any and all of the foregoing with coverage limits of not less than $1,000,000 for combined single limit for bodily injury and property damage as a result of any single occurrence concerning Lessee's operation of the leased vehicle. The described policies of insurance and all renewals of those policies shall be delivered to and held by the Lessor. The parties acknowledge and agree that the Lessee has provided a certificate of insurance to the Lessor pursuant to its master transit provider agreement. The Lessee shall provide the Lessor with 11 Page 82 of 219 a current certificate of insurance in the event of any changes or updates to its insurance coverage. B. DamaRe or Destruction to Leased Vehicle Except as otherwise provided in this lease, if the vehicle or any part of them shall be damaged or destroyed, Lessee shall, to the extent of the insurance proceeds available, promptly repair or replace the same, and any insurance proceeds received with respect to such damage or destruction shall be applied to payment of the expenses of such repair or replacement, and any excess insurance proceeds shall belong to Lessee. Any other terms or provisions of this lease agreement pertaining to repair, alteration, construction or reconstruction by Lessee shall be binding upon Lessee in repairing or reconstructing the leased vehicle. If the leased vehicle is damaged or destroyed to such an extent that the Lessee cannot reasonably continue to utilize the leased vehicle until the same is repaired or replaced, then the Lessee may elect to either repair or replace the same, to the extent of the insurance proceeds available, or to abstain from repairing or replacing the same and to terminate this agreement, whereupon any insurance proceeds shall be paid to the Lessor in full satisfaction. 13. ASSIGNMENT AND SUBLEASING. Lessee may not sublease the leased vehicle or not assign this agreement without the prior written consent of the Lessor. Any attempt to effect a sublease or assignment without Lessor's prior written consent shall be deemed a default subject to the remedies provided herein. 14. NOTICES. All notices required by law and by this lease to be given by one party to the other shall be in writing, and the same shall be sent by certified mail, return receipt requested to: Lessor: County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 With copy to: County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 Lessee: President/CEO Council on Aging of St. Lucie, Inc./Community Transit 2501 SW Bayshore Blvd. Port St. Lucie, Florida 34984 or to such other address(es) as Lessor or Lessee may designate by writing to the other. The effective date of any notice shall be the date that such notice is received or refused. 10 Page 83 of 219 15. SEVERABILITY. If any section, subsection, sentence, clause, provision or part of this agreement shall be held invalid for any reason, the remainder of this agreement shall not be affected. 16. NONDISCRIMINATION. Lessee, in exercising any of the rights or privileges granted to it shall not on the grounds of race, color or national origin discriminate or permit discrimination against any persons or group of persons in any manner prohibited by local, state or federal law or regulation. Lessor is granted the right to take such action, anything to the contrary in this lease notwithstanding, as the United States may direct to enforce this nondiscrimination covenant. 17. FORFEITURE. If either party shall fail to keep and perform any of the covenants, conditions, and agreements in this lease provided to be performed by Lessee or Lessor, and such default is not remedied within the grace period provided elsewhere in this lease, the other party by notice in writing transmitted to the other party, may at its option declare Lessee's interest under this lease ended and without further force. Thereupon, the Lessee shall within five (5) days peaceably surrender the vehicle to the Lessor. The vehicle shall be returned in the same condition as it was delivered, less normal wear and tear. Lessee shall have the right to remove all equipment owned or leased from third parties. The provisions of this paragraph shall not be construed so as to divest Lessor, in the event of such default, of any legal right or remedy which it may have by statutory or common law, enforceable at law, or in equity. It is intended that the provisions of this paragraph shall afford to either party a cumulative remedy, in addition to such other remedy or remedies as the law affords said party when the terms of a lease have been breached by the other party. 18. NONWAIVER. Failure of Lessor to insist upon the strict performance of any of the covenants, conditions and agreements of this lease in any one or more instances, shall not be construed as a waiver or relinquishment in the future of such covenants, conditions and agreements. Lessee covenants that no surrender or abandonment of the leased vehicle or of the remained of the term shall be valid unless accepted by Lessor in writing. Lessor shall be under no duty to relet the vehicle in the event of an abandonment or surrender or attempted abandonment or attempted abandonment of the leased vehicle by Lessee. Upon Lessee's abandonment or surrender or attempted abandonment or attempted surrender of the vehicle, Lessor shall have the right to retake possession of the leased vehicle or any part of them, and such retaking of possession shall not constitute an acceptance of Lessee's abandonment or surrender. 19. QUIET ENJOYMENT. Lessor covenants, warrants and agrees that Lessee shall be entitled peacefully to enjoy, to occupy and to possess the Vehicle throughout the lease term without interference, hindrance or molestation. Wherever this lease requires Lessor's consent or approval such consent or approval will not be unreasonably withheld. 20. DATE OF THIS AGREEMENT. Any reference in this lease to the words "date of this 11 Page 84 of 219 agreement" or "date of this lease" shall be deemed to be the date this lease is executed by the party last executing same. 21. ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written Agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. Any conflicts between exhibits to this Agreement and this Agreement, shall be interpreted in favor of this Agreement. All interpretations shall be governed by the laws of the State of Florida. 22. 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. 23. VENUE. 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. 24. PUBLIC RECORDS. Lessee 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 Lessee improve in conjunction with this Agreement. Specifically, Lessee shall: A. Keep and maintain public records that ordinarily and necessarily would be required by Lessor in order to perform the service. B. Provide the public with access to public records on the same terms and conditions that Lessor 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 Lessor all public records and possession of Lessee upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public 10 Page 85 of 219 records disclosure requirements. All records stored electronically must be provided to Lessor in a format that is compatible with the information technology systems of Lessor. IF LESSEE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO ITS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (772) 462-1441, Bella mySC@stlucieco.ore,000NTY ATTORNEY'S OFFICE, 2300 VIRIGNIA AVENUE, FORT PIERCE, FL 34982. IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: L-Als County Attorney ATTEST: COUNCIL ON AGING OF ST. LUCIE, INC. Secretary BY: President (Seal) S:\atty\agreemnt\lease\co.5310.vehicIe.Goshen.2019.doc 11 Page 86 of 219 LEASE AGREEMENT THIS IS A LEASE AGREEMENT, by and between, and ST. LUCIE COUNTY, INC., a political subdivision of the State of Florida, ("Lessor") and COUNCIL ON AGING OF ST. LUCIE COUNTY, INC., a Florida not for profit corporation, ("Lessee"). In consideration of the mutual promises and covenants contained in this Lease and other good and valuable consideration, the receipt of which is acknowledged, it is agreed between Lessor and Lessee as follows: 1. LEASED VEHICLE. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the following described vehicle: 2019 Gillig 40 FT bus (VIN # 15GGD271XK3190039. 2. PURPOSE. Lessee agrees to use the vehicle solely to transport riders pursuant to its transit provider agreement with the Lessor. The use of the vehicle by the Lessee is specifically subject to the rules, regulations, and conditions promulgated by the State of Florida or any other federal, state, or local agency having jurisdiction over the operation of the vehicle. 3. MUTUAL REPRESENTATIONS AND WARRANTIES. Lessee acknowledges that it has made, or will have an opportunity to make, a thorough and complete inspection of the leased vehicle and is and will be fully advised of its condition, nature of construction, if any, and state of repair, prior to taking possession of the vehicle. Lessor warrants that Lessor has full authority to enter into this Lease. 4. LESSEE RESPONSIBILITIES with regard to the vehicle: The Lessee shall have the following responsibilities A. Lessee shall return the vehicle to the Lessor if, for any reason, the vehicle is no longer needed or used for the purpose intended under this Lease, including but not limited to termination or expiration of any agreement with the Lessor to serve as its transit provider. B. Lessee shall notify the Lessor within seventy-two (721 hours of any accident or casualty involving the vehicle. C. Lessee shall notify the Lessor and request assistance if the vehicle becomes unserviceable or requires repairs other than routine maintenance. 5. OPERATION COSTS. Lessee shall be responsible for all of the operating, maintenance and servicing charges and costs, including fuel and oil, and other expenses incurred in the use and operation of the leased vehicle. 11 Page 87 of 219 Lessee agrees to obtain at its expense all permits and licenses which may be required by any governmental unit. Upon Lessor's request, at reasonable intervals, Lessee shall promptly furnish to Lessor evidence satisfactory to Lessor showing Lessee's compliance with its obligations under this section. 6. REPAIRS AND MAINTENANCE. Lessee agrees at is expense to keep and maintain the vehicle in a good state of repair and condition. Lessee agrees at its expense to make all routine repairs to the vehicle. Lessee shall deliver the vehicle to Lessor upon the termination of this lease in a good state of repair and condition, ordinary wear and tear, and damage by the elements excepted. Lessee shall, throughout the term of this lease, assume the entire responsibility and shall relieve Lessor from all responsibility for all routine repair and maintenance whatsoever to the vehicle, including but not limited to adherence to the vehicle manufacturer's recommended preventative maintenance schedule, and for all repairs necessitated by the actions of Lessee, as its agent, servants, employees, customers, patrons or invitees. Lessee shall keep the vehicle at all times in a clean and orderly condition and appearance. Lessee shall maintain written maintenance records for the vehicle which shall be available to the Lessor for inspection during regular business hours. The parties acknowledge and agree that the Lessee's expenses for repair and maintenance of the vehicle may be reimbursable expenses under the Lessor's federal and state transit grants. Accordingly, the Lessee may submit invoices for such expenses to the Lessor for reimbursement if eligible under the Section 5307 Grant. 7. TERM; TERMINATION. The term of this lease shall begin on , 2019, (hereinafter referred to as the "commencement date"), and shall terminate seven (7) years from that date, or upon termination of the Lessee's transit provider agreement with Lessor. Delivery of the possession of the vehicle to Lessee shall be made on the date of this Lease. The term of this Lease may be extended upon the mutual consent of both parties. Either party shall have the right to terminate this lease without cause upon thirty (30) days prior written notice to the other party. 8. RENT. Lessee shall pay as rent for the leased vehicle a total amount of one and 00/100 dollars ($1.00) per year or a total of five and 00/100 dollars ($5.00) for the full lease term, as rent for the vehicle. At its option, the Lessee may pay the full amount of rent in advance. Payment shall be by check made payable to "St. Lucie County," and delivered to the St. Lucie County Finance Department, 2300 Virginia Avenue, Fort Pierce, FL 34982, or such other location as directed in writing by Lessor. The parties acknowledge and agree that the Lessee is exempt from all sales, use and like taxes. 9. INSPECTION OF VEHICLE. Lessor or its agents shall have the right to inspect the vehicle during normal business hours on twenty-four (24) hours notice for the purpose of inspecting the same, or for any other purposes not inconsistent with the terms of this lease. Lessor shall use its best efforts to not disturb the rights or business operations of Lessee or of 10 Page 88 of 219 any occupants of the vehicle, except in the event of an emergency. The exercise of any or all of the foregoing rights by Lessor shall not be construed to be an eviction of Lessee nor shall the same be grounds for any abatement of rental or grounds for any claim or demand for damages by Lessee against Lessor, consequential or otherwise. 10. DEFAULT. If Lessee shall default in the performance of any other term of this Lease then Lessor shall send to Lessee a written notice of default, specifying the nature of the default, and Lessee shall, within thirty (30) days after the date of notice, cure and remedy the default, whereupon this Lease shall continue as before. If Lessee shall fail to cure and remedy such default within the applicable time, Lessor shall have the right to declare, by written notice to Lessee, that the lease is in default, and to use all remedies available to Lessor. If written notice of the default shall have been given to Lessee, and if Lessee, prior to the expiration of thirty (30) days from and after the giving of such notice commences to eliminate the cause of such default and proceeds diligently to take all steps and do all work required to cure such default and does so cure such default, Lessor shall not have the right to declare that lease term ended by reason of such default; provided, however, that the curing of any default in such manner shall not be construed to limit or restrict the right of Lessor to declare the lease term ended and enforce all of its rights and remedies under this lease for any other default not so cured. 11. INDEMNIFICATION. Lessee is and shall be an independent contractor, responsible to all parties for all of its acts or omissions and Lessor shall in no way be responsible for such acts or omissions. Lessee shall and will indemnify and hold harmless Lessor from and against any and all liability, claims, damages, expenses, fees, fines, penalties, suits, proceedings, and actions and cost 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 the above vehicle by Lessee or its agents, employees, customers, patrons or invitee, or resulting from 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. 12. INSURANCE. The parties agree to the following provisions pertaining to insurance: A. Automobile Liability The Lessee shall, at its own cost and expense, promptly procure and pay for and at all time maintain a policy or policies of insurance in a company or companies acceptable to the Lessor, protecting and insuring the Lessor against any and all of the foregoing with coverage limits of not less than $1,000,000 for combined single limit for bodily injury and property damage as a result of any single occurrence concerning Lessee's operation of the leased vehicle. The described policies of insurance and all renewals of those policies shall be delivered to and held by the Lessor. The parties acknowledge and agree that the Lessee has provided a certificate of insurance to the Lessor pursuant to its master transit provider agreement. The Lessee shall provide the Lessor with 11 Page 89 of 219 a current certificate of insurance in the event of any changes or updates to its insurance coverage. B. DamaRe or Destruction to Leased Vehicle Except as otherwise provided in this lease, if the vehicle or any part of them shall be damaged or destroyed, Lessee shall, to the extent of the insurance proceeds available, promptly repair or replace the same, and any insurance proceeds received with respect to such damage or destruction shall be applied to payment of the expenses of such repair or replacement, and any excess insurance proceeds shall belong to Lessee. Any other terms or provisions of this lease agreement pertaining to repair, alteration, construction or reconstruction by Lessee shall be binding upon Lessee in repairing or reconstructing the leased vehicle. If the leased vehicle is damaged or destroyed to such an extent that the Lessee cannot reasonably continue to utilize the leased vehicle until the same is repaired or replaced, then the Lessee may elect to either repair or replace the same, to the extent of the insurance proceeds available, or to abstain from repairing or replacing the same and to terminate this agreement, whereupon any insurance proceeds shall be paid to the Lessor in full satisfaction. 13. ASSIGNMENT AND SUBLEASING. Lessee may not sublease the leased vehicle or not assign this agreement without the prior written consent of the Lessor. Any attempt to effect a sublease or assignment without Lessor's prior written consent shall be deemed a default subject to the remedies provided herein. 14. NOTICES. All notices required by law and by this lease to be given by one party to the other shall be in writing, and the same shall be sent by certified mail, return receipt requested to: Lessor: County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 With copy to: County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 Lessee: President/CEO Council on Aging of St. Lucie, Inc./Community Transit 2501 SW Bayshore Blvd. Port St. Lucie, Florida 34984 or to such other address(es) as Lessor or Lessee may designate by writing to the other. The effective date of any notice shall be the date that such notice is received or refused. 10 Page 90 of 219 15. SEVERABILITY. If any section, subsection, sentence, clause, provision or part of this agreement shall be held invalid for any reason, the remainder of this agreement shall not be affected. 16. NONDISCRIMINATION. Lessee, in exercising any of the rights or privileges granted to it shall not on the grounds of race, color or national origin discriminate or permit discrimination against any persons or group of persons in any manner prohibited by local, state or federal law or regulation. Lessor is granted the right to take such action, anything to the contrary in this lease notwithstanding, as the United States may direct to enforce this nondiscrimination covenant. 17. FORFEITURE. If either party shall fail to keep and perform any of the covenants, conditions, and agreements in this lease provided to be performed by Lessee or Lessor, and such default is not remedied within the grace period provided elsewhere in this lease, the other party by notice in writing transmitted to the other party, may at its option declare Lessee's interest under this lease ended and without further force. Thereupon, the Lessee shall within five (5) days peaceably surrender the vehicle to the Lessor. The vehicle shall be returned in the same condition as it was delivered, less normal wear and tear. Lessee shall have the right to remove all equipment owned or leased from third parties. The provisions of this paragraph shall not be construed so as to divest Lessor, in the event of such default, of any legal right or remedy which it may have by statutory or common law, enforceable at law, or in equity. It is intended that the provisions of this paragraph shall afford to either party a cumulative remedy, in addition to such other remedy or remedies as the law affords said party when the terms of a lease have been breached by the other party. 18. NONWAIVER. Failure of Lessor to insist upon the strict performance of any of the covenants, conditions and agreements of this lease in any one or more instances, shall not be construed as a waiver or relinquishment in the future of such covenants, conditions and agreements. Lessee covenants that no surrender or abandonment of the leased vehicle or of the remained of the term shall be valid unless accepted by Lessor in writing. Lessor shall be under no duty to relet the vehicle in the event of an abandonment or surrender or attempted abandonment or attempted abandonment of the leased vehicle by Lessee. Upon Lessee's abandonment or surrender or attempted abandonment or attempted surrender of the vehicle, Lessor shall have the right to retake possession of the leased vehicle or any part of them, and such retaking of possession shall not constitute an acceptance of Lessee's abandonment or surrender. 19. QUIET ENJOYMENT. Lessor covenants, warrants and agrees that Lessee shall be entitled peacefully to enjoy, to occupy and to possess the Vehicle throughout the lease term without interference, hindrance or molestation. Wherever this lease requires Lessor's consent or approval such consent or approval will not be unreasonably withheld. 20. DATE OF THIS AGREEMENT. Any reference in this lease to the words "date of this 11 Page 91 of 219 agreement" or "date of this lease" shall be deemed to be the date this lease is executed by the party last executing same. 21. ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written Agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. Any conflicts between exhibits to this Agreement and this Agreement, shall be interpreted in favor of this Agreement. All interpretations shall be governed by the laws of the State of Florida. 22. 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. 23. VENUE. 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. 24. PUBLIC RECORDS. Lessee 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 Lessee improve in conjunction with this Agreement. Specifically, Lessee shall: A. Keep and maintain public records that ordinarily and necessarily would be required by Lessor in order to perform the service. B. Provide the public with access to public records on the same terms and conditions that Lessor 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 Lessor all public records and possession of Lessee upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public 10 Page 92 of 219 records disclosure requirements. All records stored electronically must be provided to Lessor in a format that is compatible with the information technology systems of Lessor. IF LESSEE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO ITS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (772) 462-1441, Bella mySC@stlucieco.ore,000NTY ATTORNEY'S OFFICE, 2300 VIRIGNIA AVENUE, FORT PIERCE, FL 34982. IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: L-Als County Attorney ATTEST: COUNCIL ON AGING OF ST. LUCIE, INC. Secretary BY: President (Seal) S:\atty\agreemnt\lease\coa.5307.vehicle.Gillig 40.A.2019.doc 11 Page 93 of 219 LEASE AGREEMENT THIS IS A LEASE AGREEMENT, by and between, and ST. LUCIE COUNTY, INC., a political subdivision of the State of Florida, ("Lessor") and COUNCIL ON AGING OF ST. LUCIE COUNTY, INC., a Florida not for profit corporation, ("Lessee"). In consideration of the mutual promises and covenants contained in this Lease and other good and valuable consideration, the receipt of which is acknowledged, it is agreed between Lessor and Lessee as follows: 1. LEASED VEHICLE. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the following described vehicle: 2019 Gillig 40 FT bus (VIN # 15GGD2716K3190040). 2. PURPOSE. Lessee agrees to use the vehicle solely to transport riders pursuant to its transit provider agreement with the Lessor. The use of the vehicle by the Lessee is specifically subject to the rules, regulations, and conditions promulgated by the State of Florida or any other federal, state, or local agency having jurisdiction over the operation of the vehicle. 3. MUTUAL REPRESENTATIONS AND WARRANTIES. Lessee acknowledges that it has made, or will have an opportunity to make, a thorough and complete inspection of the leased vehicle and is and will be fully advised of its condition, nature of construction, if any, and state of repair, prior to taking possession of the vehicle. Lessor warrants that Lessor has full authority to enter into this Lease. 4. LESSEE RESPONSIBILITIES with regard to the vehicle: The Lessee shall have the following responsibilities A. Lessee shall return the vehicle to the Lessor if, for any reason, the vehicle is no longer needed or used for the purpose intended under this Lease, including but not limited to termination or expiration of any agreement with the Lessor to serve as its transit provider. B. Lessee shall notify the Lessor within seventy-two (721 hours of any accident or casualty involving the vehicle. C. Lessee shall notify the Lessor and request assistance if the vehicle becomes unserviceable or requires repairs other than routine maintenance. 5. OPERATION COSTS. Lessee shall be responsible for all of the operating, maintenance and servicing charges and costs, including fuel and oil, and other expenses incurred in the use and operation of the leased vehicle. 11 Page 94 of 219 Lessee agrees to obtain at its expense all permits and licenses which may be required by any governmental unit. Upon Lessor's request, at reasonable intervals, Lessee shall promptly furnish to Lessor evidence satisfactory to Lessor showing Lessee's compliance with its obligations under this section. 6. REPAIRS AND MAINTENANCE. Lessee agrees at is expense to keep and maintain the vehicle in a good state of repair and condition. Lessee agrees at its expense to make all routine repairs to the vehicle. Lessee shall deliver the vehicle to Lessor upon the termination of this lease in a good state of repair and condition, ordinary wear and tear, and damage by the elements excepted. Lessee shall, throughout the term of this lease, assume the entire responsibility and shall relieve Lessor from all responsibility for all routine repair and maintenance whatsoever to the vehicle, including but not limited to adherence to the vehicle manufacturer's recommended preventative maintenance schedule, and for all repairs necessitated by the actions of Lessee, as its agent, servants, employees, customers, patrons or invitees. Lessee shall keep the vehicle at all times in a clean and orderly condition and appearance. Lessee shall maintain written maintenance records for the vehicle which shall be available to the Lessor for inspection during regular business hours. The parties acknowledge and agree that the Lessee's expenses for repair and maintenance of the vehicle may be reimbursable expenses under the Lessor's federal and state transit grants. Accordingly, the Lessee may submit invoices for such expenses to the Lessor for reimbursement if eligible under the Section 5307 Grant. 7. TERM; TERMINATION. The term of this lease shall begin on , 2019, (hereinafter referred to as the "commencement date"), and shall terminate seven (7) years from that date, or upon termination of the Lessee's transit provider agreement with Lessor. Delivery of the possession of the vehicle to Lessee shall be made on the date of this Lease. The term of this Lease may be extended upon the mutual consent of both parties. Either party shall have the right to terminate this lease without cause upon thirty (30) days prior written notice to the other party. 8. RENT. Lessee shall pay as rent for the leased vehicle a total amount of one and 00/100 dollars ($1.00) per year or a total of five and 00/100 dollars ($5.00) for the full lease term, as rent for the vehicle. At its option, the Lessee may pay the full amount of rent in advance. Payment shall be by check made payable to "St. Lucie County," and delivered to the St. Lucie County Finance Department, 2300 Virginia Avenue, Fort Pierce, FL 34982, or such other location as directed in writing by Lessor. The parties acknowledge and agree that the Lessee is exempt from all sales, use and like taxes. 9. INSPECTION OF VEHICLE. Lessor or its agents shall have the right to inspect the vehicle during normal business hours on twenty-four (24) hours notice for the purpose of inspecting the same, or for any other purposes not inconsistent with the terms of this lease. Lessor shall use its best efforts to not disturb the rights or business operations of Lessee or of 10 Page 95 of 219 any occupants of the vehicle, except in the event of an emergency. The exercise of any or all of the foregoing rights by Lessor shall not be construed to be an eviction of Lessee nor shall the same be grounds for any abatement of rental or grounds for any claim or demand for damages by Lessee against Lessor, consequential or otherwise. 10. DEFAULT. If Lessee shall default in the performance of any other term of this Lease then Lessor shall send to Lessee a written notice of default, specifying the nature of the default, and Lessee shall, within thirty (30) days after the date of notice, cure and remedy the default, whereupon this Lease shall continue as before. If Lessee shall fail to cure and remedy such default within the applicable time, Lessor shall have the right to declare, by written notice to Lessee, that the lease is in default, and to use all remedies available to Lessor. If written notice of the default shall have been given to Lessee, and if Lessee, prior to the expiration of thirty (30) days from and after the giving of such notice commences to eliminate the cause of such default and proceeds diligently to take all steps and do all work required to cure such default and does so cure such default, Lessor shall not have the right to declare that lease term ended by reason of such default; provided, however, that the curing of any default in such manner shall not be construed to limit or restrict the right of Lessor to declare the lease term ended and enforce all of its rights and remedies under this lease for any other default not so cured. 11. INDEMNIFICATION. Lessee is and shall be an independent contractor, responsible to all parties for all of its acts or omissions and Lessor shall in no way be responsible for such acts or omissions. Lessee shall and will indemnify and hold harmless Lessor from and against any and all liability, claims, damages, expenses, fees, fines, penalties, suits, proceedings, and actions and cost 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 the above vehicle by Lessee or its agents, employees, customers, patrons or invitee, or resulting from 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. 12. INSURANCE. The parties agree to the following provisions pertaining to insurance: A. Automobile Liability The Lessee shall, at its own cost and expense, promptly procure and pay for and at all time maintain a policy or policies of insurance in a company or companies acceptable to the Lessor, protecting and insuring the Lessor against any and all of the foregoing with coverage limits of not less than $1,000,000 for combined single limit for bodily injury and property damage as a result of any single occurrence concerning Lessee's operation of the leased vehicle. The described policies of insurance and all renewals of those policies shall be delivered to and held by the Lessor. The parties acknowledge and agree that the Lessee has provided a certificate of insurance to the Lessor pursuant to its master transit provider agreement. The Lessee shall provide the Lessor with 11 Page 96 of 219 a current certificate of insurance in the event of any changes or updates to its insurance coverage. B. DamaRe or Destruction to Leased Vehicle Except as otherwise provided in this lease, if the vehicle or any part of them shall be damaged or destroyed, Lessee shall, to the extent of the insurance proceeds available, promptly repair or replace the same, and any insurance proceeds received with respect to such damage or destruction shall be applied to payment of the expenses of such repair or replacement, and any excess insurance proceeds shall belong to Lessee. Any other terms or provisions of this lease agreement pertaining to repair, alteration, construction or reconstruction by Lessee shall be binding upon Lessee in repairing or reconstructing the leased vehicle. If the leased vehicle is damaged or destroyed to such an extent that the Lessee cannot reasonably continue to utilize the leased vehicle until the same is repaired or replaced, then the Lessee may elect to either repair or replace the same, to the extent of the insurance proceeds available, or to abstain from repairing or replacing the same and to terminate this agreement, whereupon any insurance proceeds shall be paid to the Lessor in full satisfaction. 13. ASSIGNMENT AND SUBLEASING. Lessee may not sublease the leased vehicle or not assign this agreement without the prior written consent of the Lessor. Any attempt to effect a sublease or assignment without Lessor's prior written consent shall be deemed a default subject to the remedies provided herein. 14. NOTICES. All notices required by law and by this lease to be given by one party to the other shall be in writing, and the same shall be sent by certified mail, return receipt requested to: Lessor: County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 With copy to: County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 Lessee: President/CEO Council on Aging of St. Lucie, Inc./Community Transit 2501 SW Bayshore Blvd. Port St. Lucie, Florida 34984 or to such other address(es) as Lessor or Lessee may designate by writing to the other. The effective date of any notice shall be the date that such notice is received or refused. 10 Page 97 of 219 15. SEVERABILITY. If any section, subsection, sentence, clause, provision or part of this agreement shall be held invalid for any reason, the remainder of this agreement shall not be affected. 16. NONDISCRIMINATION. Lessee, in exercising any of the rights or privileges granted to it shall not on the grounds of race, color or national origin discriminate or permit discrimination against any persons or group of persons in any manner prohibited by local, state or federal law or regulation. Lessor is granted the right to take such action, anything to the contrary in this lease notwithstanding, as the United States may direct to enforce this nondiscrimination covenant. 17. FORFEITURE. If either party shall fail to keep and perform any of the covenants, conditions, and agreements in this lease provided to be performed by Lessee or Lessor, and such default is not remedied within the grace period provided elsewhere in this lease, the other party by notice in writing transmitted to the other party, may at its option declare Lessee's interest under this lease ended and without further force. Thereupon, the Lessee shall within five (5) days peaceably surrender the vehicle to the Lessor. The vehicle shall be returned in the same condition as it was delivered, less normal wear and tear. Lessee shall have the right to remove all equipment owned or leased from third parties. The provisions of this paragraph shall not be construed so as to divest Lessor, in the event of such default, of any legal right or remedy which it may have by statutory or common law, enforceable at law, or in equity. It is intended that the provisions of this paragraph shall afford to either party a cumulative remedy, in addition to such other remedy or remedies as the law affords said party when the terms of a lease have been breached by the other party. 18. NONWAIVER. Failure of Lessor to insist upon the strict performance of any of the covenants, conditions and agreements of this lease in any one or more instances, shall not be construed as a waiver or relinquishment in the future of such covenants, conditions and agreements. Lessee covenants that no surrender or abandonment of the leased vehicle or of the remained of the term shall be valid unless accepted by Lessor in writing. Lessor shall be under no duty to relet the vehicle in the event of an abandonment or surrender or attempted abandonment or attempted abandonment of the leased vehicle by Lessee. Upon Lessee's abandonment or surrender or attempted abandonment or attempted surrender of the vehicle, Lessor shall have the right to retake possession of the leased vehicle or any part of them, and such retaking of possession shall not constitute an acceptance of Lessee's abandonment or surrender. 19. QUIET ENJOYMENT. Lessor covenants, warrants and agrees that Lessee shall be entitled peacefully to enjoy, to occupy and to possess the Vehicle throughout the lease term without interference, hindrance or molestation. Wherever this lease requires Lessor's consent or approval such consent or approval will not be unreasonably withheld. 20. DATE OF THIS AGREEMENT. Any reference in this lease to the words "date of this 11 Page 98 of 219 agreement" or "date of this lease" shall be deemed to be the date this lease is executed by the party last executing same. 21. ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written Agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. Any conflicts between exhibits to this Agreement and this Agreement, shall be interpreted in favor of this Agreement. All interpretations shall be governed by the laws of the State of Florida. 22. 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. 23. VENUE. 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. 24. PUBLIC RECORDS. Lessee 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 Lessee improve in conjunction with this Agreement. Specifically, Lessee shall: A. Keep and maintain public records that ordinarily and necessarily would be required by Lessor in order to perform the service. B. Provide the public with access to public records on the same terms and conditions that Lessor 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 Lessor all public records and possession of Lessee upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public 10 Page 99 of 219 records disclosure requirements. All records stored electronically must be provided to Lessor in a format that is compatible with the information technology systems of Lessor. IF LESSEE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO ITS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (772) 462-1441, Bella mySC@stlucieco.ore,000NTY ATTORNEY'S OFFICE, 2300 VIRIGNIA AVENUE, FORT PIERCE, FL 34982. IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: L-Als County Attorney ATTEST: COUNCIL ON AGING OF ST. LUCIE, INC. Secretary BY: President (Seal) S:\atty\agreemnt\lease\co.5307.vehicle.Gillig 40.B.2019.doc 11 Page 100 of 219 9 priw,�,-NW COUNTY F L O R I D Ar TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners Mark Freed, Librarian IV Library Services Department State Aid to Libraries - Fiscal Year 20 8.C.1. 2019-46699 CONSENT AGENDA -LIBRARY SERVICES DATE: 9/10/2019 *ACTION ITEM - BOARD APPROVAL St. Lucie County has been the recipient of State Aid to Libraries grant funding since 1978. State Aid funds are made available through the Department of State/State Library of Florida for all county or municipal libraries throughout the state. With each year's application, libraries are required to include a Long -Range Plan, and Annual Service Plan approved by the Library's governing body. The amount of each Library's annual award fluctuates and is based on the total State appropriation and the Library's actual operating budget from the previous fiscal year. Operating Grants provide a match of up to $0.25 cents on each dollar of local funds expended for the operation and maintenance of the library during the second preceding fiscal year. In FY19, the Library was awarded $100,926. This year the State Legislature has appropriated $21,804,072 for Florida libraries. This amount is almost $1,214,238 more than in FY19. The St. Lucie County Library's System's share of the FY20 appropriation is estimated to be $118,339. These funds have been set aside to partially fulfill our annual financial commitment for services at the joint - use Pruitt Campus Library. The funds received from this grant can only be used for operating expenses. These funds have been projected in the Library's FY20 Budget. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A Page 101 of 219 RECOMMENDATION: Staff recommends Board approval to submit the annual State Aid to Libraries Grant, approval of the Library's required Long -Range Plan 2020-2024, approval of the Annual Service Plan, 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 Susan Jacob, Library Director Daniel McIntyre, County Attorney Coordination/Signatures 8/6/2019 8/6/2019 Jeffrey Bremer, Deputy County Administrator 8/6/2019 Page 102 of 219 20-ST-73 Saint Lucie County Library System STATE AID TO LIBRARIES GRANT AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF STATE AND Saint Lucie County for and on behalf of Saint Lucie County Library System This Agreement is by and between the State of Florida, Department of State, Division of Library and Information Services, hereinafter referred to as the "Division," and the Saint Lucie Countyfor and on behalf of Saint Lucie County Library System, hereinafter referred to as the "Grantee." The Grantee has submitted an application and has met all eligibility requirements and has been awarded a State Aid to Libraries Grant (CSFA 45.030) by the Division in the amount specified on the "Fiscal Year 2019-20 State Aid to Libraries Final Grants" document (which is incorporated as part of this Agreement and entitled Attachment B). The Division has the authority to administer this grant in accordance with Section 257, Florida Statutes. By reference, the application and any approved revisions are hereby made a part of this agreement. In consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. Grant Purpose.This grant shall be used exclusively for the "State Aid to Libraries Grant," the public purpose for which these funds were appropriated a) The Grantee shall perform the following Scope of Work: In accordance with Sections 257.17-257.18, Florida Statutes, the Grantee shall receive a grant amount that is calculated and based upon local funds expended during the second preceding fiscal year for the operation and maintenance of the library. For this grant, the local expenditures shall have been made during the period October 1, 2017 - September 30, 2018. In order to be eligible to receive the grant funding, the Grantee shall manage or coordinate free library service to the residents of its legal service area for the period October 1, 2017 through June 30, 2020. The Grantee shall: o Have a single administrative head employed full time by the library's governing body; o Provide free library service, including loaning materials available for circulation free of charge and providing reference and information services free of charge; o Provide access to materials, information and services for all residents of the area served; and o Have at least one library, branch library or member library open 40 hours or more each week (excluding holidays; between Sunday through Saturday, on a schedule determined by the library system) during the length of the agreement. b) The Grantee agrees to provide the following Deliverables related to the Scope of Work for payments to State Aid to Libraries Grant Agreeirm (Fonn DLISISA02) Chapter IB-2..011(2)(a), Florida Administrative Code, Effective 06-2019 Page: 1 Page 103 of 219 R.A. Gray Builduig 500 South Bronough Street Tallahassee, FL 32399-0250 Phone: 850.245.6620 Email: marian.deeney@dos.myflorida.com For the Grantee: Susan Jacob Saint Lucie County Library System 101 Melody Lane Fort Pierce Florida 34950-4402 Phone: 772.462.1615 Email: Jacobs@stlucieco.org 5. Grant Payments. The total grant award shall not exceed the amount specified on the "Fiscal Year 2019-20 State Aid to Libraries Final Grants" document (Attachment B), which shall be paid by the Division in consideration for the Grantee's minimum performance as set forth by the terms and conditions of this Agreement. Payment will be an advance in the amount of 100% of the grant award as specified in Attachment B. Payment will be made in accordance with the completion of the Deliverables. 6. Electronic Payments. The Grantee can choose to use electronic funds transfer (EFT) to receive grant payments. All grantees wishing to receive their award through EFT must submit a Vendor Direct Deposit Authorization form (form number DFS-AI-26F, rev 6f2014), incorporated by reference, to the Florida Department of Financial Services. If EFT has already been set up for your organization, you do not need to submit another authorization form unless you have changed bank accounts. To download this form visit mvfloridacfo.con/Divisioi:JAA/Forms/DFS-Al-26E.pdf. The form also includes tools and information that allow you to check on payments. 7. Florida Substitute Form W-9. A completed Substitute Form W-9 is required from any entity that receives a payment from the State of Florida that may be subject to 1099 reporting. The Department of Financial Services (DFS) must have the correct Taxpayer Identification Number (TIN) and other related information in order to report accurate tax information to the Internal Revenue Service (IRS). To register or access a Florida Substitute Form W-9 visit Ilvendor.myfloridacfo.com/. A copy of the Grantee's Florida Substitute Form W-9 must be submitted by the Grantee to the Division before or with the executed Agreement. 8. Financial Consequences. The Department shall apply the following financial consequences for failure to perform the minimum level of services required by this Agreement in accordance with Sections 215.971 and 287.058, Florida Statutes: The Department shall require the return of the award in a prorated amount based upon the percentage of time that the library failed to perform the minimum level of services. The prorated reduction will be in the same percentage as the percentage of time that the library was not providing minimum level of services. 9. Credit Line(s) to Acknowledge Grant Funding. The Division requires public acknowledgement of State Aid to Libraries Grant funding for activities and publications supported by grant fields. Any announcements, Page: 3 State Aid to Libraries Grant Agreement (FormDLIS/SA02) Chapter IB-2.01I(2)(a), Florida Administrative Code, Effective 06-2039 Page 104 of 219 records, including electronic storage media pertinent to the Project, shall be retained for a period of five (5) fiscal years after the close out of the grant and release of the audit. If any litigation or audit is initiated or claim made before the expiration of the five-year period, the records shall be retained for five fiscal years after the litigation, audit or claim has been resolved. 16. Obligation to Provide State Access to Grant Records. The Grantee must make all grant records of expenditures, copies of reports, books, and related documentation available to the Division or a duly authorized representative of the State of Florida for inspection at reasonable times for the purpose of making audits, examinations, excerpts and transcripts. 17. Obligation to Provide Public Access to Grant Records. The Division reserves the right to unilaterally cancel this Agreement in the event that the Grantee refuses public access to all documents or other materials made or received by the Grantee that are subject to the provisions of Chapter 119, Florida Statutes, known as the Florida Public Records Act. The Grantee must immediately contact the Division's Contract Manager for assistance if it receives a public records request related to this Agreement. 18. Noncompliance. Any Grantee that is not following Florida statutes or rules, the terms of the grant agreement, Florida Department of State policies and guidance, local policies, or other applicable law or that has not submitted required reports or satisfied other administrative requirements for other Division of Library and Information Services grants or grants from any other Office of Cultural, Historical, and Information Programs (OCHIP) Division will be in noncompliance status and subject to the OCHIP Grants Compliance Procedure. OCHIP Divisions include the Division of Cultural Affairs, the Division of Historical Resources, and the Division of Library and Information Services. Grant compliance issues must be resolved before a grant award agreement may be executed and before grant payments for any OCHIP grant may be released. 19. Accounting Requirements. The Grantee must maintain an accounting system that provides a complete record of the use of all grant funds as follows: a) The accounting system must be able to specifically identify and provide audit trails that trace the receipt, maintenance and expenditure of state funds; b) Accounting records must adequately identify the sources and application of funds for all grant activities and must classify and identify grant fluids by using the same budget categories that were approved in the grant application. If Grantee's accounting system accumulates data in a different format than the one in the grant application, subsidiary records must document and reconcile the amounts shown in the Grantee's accounting records to those amounts reported to the Division; c) An interest -bearing checking account or accounts in a state or federally chartered institution may be used for revenues and expenses described in the Scope of Work and detailed in the Estimated Project Budget; d) The name of the account(s) must include the grant award number; e) The Grantee's accounting records must have effective control over and accountability for all funds, property and other assets; and f) Accounting records must be supported by source documentation and be in sufficient detail to allow for a proper pre -audit and post -audit (such as invoices, bills and canceled checks)_ Page: 5 State Aid to Libraries Grant Agreement (Fonn DLIS/SA02) Chapter 113-2.01 I(2)(a), Florida Admrinistrative Code, Effective 05-20t9 Page 105 of 219 understood by the Grantee that the Department shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. 25. Strict Compliance with Laws. The Grantee shall perform all acts required by this Agreement in strict conformity with all applicable laws and regulations of the local, state and federal law. For consequences of noncompliance, see Section18, Noncompliance. 26. No Discrimination. The Grantee may not discriminate against any employee employed under this Agreement or against any applicant for employment because of race, color, religion, gender, national origin, age, handicap, pregnancy or marital status. The Grantee shall insert a similar provision in all of its subcontracts for services under this Agreement. 27. Breach of Agreement. The Division will demand the return of grant funds already received, will withhold subsequent payments and/or will terminate this agreement if the Grantee improperly expends and manages grant funds; fails to prepare, preserve or surrender records required by this Agreement; or otherwise violates this Agreement. 28. Termination of Agreement. The Division will terminate or end this Agreement if the Grantee fails to fulfill its obligations herein. In such event, the Division will provide the Grantee a notice of its violation by letter and shall give the Grantee fifteen (15) calendar days from the date of receipt to cure its violation. If the violation is not cured within the stated period, the Division will terminate this Agreement. The notice of violation letter shall be delivered to the Grantee's Contract Manager, personally, or mailed to his/her specified address by a method that provides proof of receipt. In the event that the Division terminates this Agreement, the Grantee will be compensated for any work completed in accordance with this Agreement prior to the notification of termination if the Division deems this reasonable under the circumstances. Grant funds previously advanced and not expended on work completed in accordance with this Agreement shall be returned to the Division, with interest, within thirty (30) days after termination of this Agreement. The Division does not waive any of its rights to additional damages if grant funds are returned under this Section. 29. Preservation of Remedies. No delay or omission to exercise any right, power or remedy accruing to either party upon breach or violation by either party under this Agreement shall impair any such right, power or remedy of either party; nor shall such delay or omission be construed as a waiver of any such breach or default or any similar breach or default. 30. Non -Assignment of Agreement. The Grantee may not assign, sublicense or otherwise transfer its rights, duties or obligations under this Agreement without the prior written consent of the Division, which shall not unreasonably be withheld. The agreement transferee must demonstrate compliance with the requirements of the project. If the Division approves a transfer of the Grantee's obligations, the Grantee shall remain liable for all work performed and all expenses incurred in connection with this Agreement. In the event the Legislature transfers the rights, duties and obligations of the Division to another governmental entity, pursuant to Section 20.06, Florida Statutes or otherwise, the rights, duties and obligations under this Agreement shall be transferred to the succeeding governmental agency as if it was the original party to this Agreement. State Aid to Ubraries Grant Agreement (Fomi DLIS/SA02.) Chapter 1I32.0t I(2)(a), Flo6da Administrative Code, Effective 06-2019 Page: 7 Page 106 of 219 38. Entire Agreement. The entire Agreement of the parties consists of the following documents: a) This Agreement b) Florida Single Audit Act Requirements (Attachment A) c) Fiscal Year 2019-20 State Aid to Libraries Final Grants (Attachment B) The Grantee hereby certifies that they have read this entire Agreement and will comply with all of its requirements. Subgrantee: Chair of Governing Body or Chief Executive Officer Typed name and title Date Clerk or Chief Financial Officer Typed name and title Date State Aid to libraries Gant Agreennit (FonnDLIS/SA02) Chapter 113-2.011(2)(a), Florida Adirinistrative Code, Effective 06-2019 Department of State LOW Amy Johnson, Director Division of Library and Information Services Department of Staid., State of Florida Typed name and title Date Witness Date Page: 9 Page 107 of 219 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). Part II: State Funded This part is applicable if the recipient is a nonstate entity as defined by section 215.97(2) F.S. 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 (for fiscal years ending June 30, 2017 and thereafter), the recipient must have a state single or project -specific audit for such fiscal year in accordance with Section 215.97, F.S. ; Rule Chapter 691-5 F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. EXHIBIT 1 to this agreement indicates state financial assistance awarded through the Department of State 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 State, 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. 2. For the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(8), F.S. This includes submission of a financial reporting package as defined by Section 215.97(2) F.S. , and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal years ending June 30, 2017 and thereafter), an audit conducted in accordance with the provisions of Section 215.97, F.S., 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, F.S., the cost of the audit must be paid from the nonstate 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). The Internet web addresses listed below will assist recipients in locating documents referenced in the text of this agreement and the interpretation of compliance issues. State of Florida Department Financial Services (Chief Financial Officer) htWJ/www.—m3Moridacfo.coni/ State of Florida Legislature (Statutes, Legislation relating to the Florida Single Audit Act) hit pJ/www.leg.state.fl.us/ Part III: Report Submission 1. Copies of reporting packages for audits conducted in accordance with 2 CFR 200, Subpart F - Audit Requirements, and required by PART I of this agreement shall be submitted, when required by 2 CFR 200.512, by or on behalf of the recipient directly to each of the following: A. The Department of State at each of the following addresses: Office of Inspector General State Aid to Libraries Crant Agreement (FonnDLIS/SA02) Chapter 1B-2.011(2)(a), Florida Adirinistrative Code, Effective 06.2019 Page: 11 Page 108 of 219 EXHIBIT —1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Not applicable. COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Not applicable. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: Not applicable. SUBJECT TO SECTION 215.97, FLORIDA STATUTES: Florida Department of State, State Aid to Libraries; CSFA Number. 45.030 Award Amount: See Attachment B. COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: The compliance requirements of this state project may be found in Part Four (State Project Compliance Requirements) of the State Projects Compliance Supplement located at hW,SJlanns.fldfs.com/fsaa/. State Aid to Ubtaries Cunt Agreement (Form DLIS/SA02) Chapter 113.2.011(2)(a), Florida Adninistrative Code, Effective 06.2019 Page: 13 Page 109 of 219 St. Lucie County I.- Library Services Long-Range Plan 2020-2024 -1 Including Year One Actions & Outcomes 1, 1 A"- Contents Introduction ........................... 3 Library Branches ............... 4,5 Library Services Strategy.... 6,7 Goals & Objectives ..... 8, 9,10,11 Actions & Outcomes ...........12 St. Lucie County Library, Long- Range I��Ian 'I 11 OW, J Introduction St Lucie County Library System Library Activity In 2018 the St. Lucie County Library System had: ♦ 181,899 library members representing almost 66% of the County's population ♦ 658,754 in -person visits ♦ 348,391 virtual visits ♦ 302,196 books, DVDs and other physical items, as well as 7,871 circulating e-resources and 82 databases ♦ 728,381 loans of physical collection items, 101,171 circulations of e-resources and 111,952 downloads of digital items ♦ 99,054 sessions on library computers ♦ 48,099 Wi-Fi sessions at library branches ♦ 35,306 attendees at library programs ♦ 32,699 technology instructions ♦ 200,469 reference questions answered In FY2018, the St. Lucie County Library System had an operating budget of $4,781,047 and employed 66 people (63 FTEs). Of the 31 mid- sized library systems in Florida (those who serve between 100,001-750,000 residents) we are 20t" in terms of per capita spending. In FY18, with a population of 277,789, per capita library spending was approximately $17.21. In 2019 all 6 branches are open 5 days and 2 evenings per week. 41= St. Lucie County Library, Long- Range I��Ian 11 L OW, Library Branches The St. Lucie County Library System serves one of the fastest growing areas in Florida. County population is forecast to grow to a possible 420,000 by 2030. The Library System currently has 6 branches and partners with Indian River State College in a joint use library on the Pruitt Campus in St. Lucie West. Susan B. Kilmer Branch The Susan B. Kilmer Branch located in downtown Fort Piece totals 23,000 sq. ft. spread over 2 floors. It is the County's largest library. The St. Lucie County Library Association was founded in 1946. The City of Fort Pierce partnered with the Women's Club and the Association to fund and open a public library in downtown Fort Piece in 1953. The current facility was completed in 1999. The Kilmer Branch is also home to the system's Administrative team. The Port St. Lucie Branch At just under 4,400 sq. ft., the Port St. Lucie Branch has been serving residents in South County since 1971. This busy neighborhood branch serves a high volume of families with young children as well as many seniors. The Lakewood Park Branch In 1989 the Lakewood Park Branch was opened in the northernmost point of the County. Over the years, neighborhood demographics have changed, but the 10,000 sq. ft. branch continues to anchor a neighborhood whose next closest branch is 9 miles away. Formerly the home base of the library bookmobile (decommissioned in 2008), the branch continues to house the library's Books - By -Mail program. Zora Neale Hurston Branch Located on land donated to the County by the Friends of the St. Lucie County Library Association, the original 5,250 sq. ft. Hurston Branch was opened to the public in 1989. Twenty-two years later, an additional 4,200 sq. ft. was added. The new wing contains expansive youth and young adult areas as well as a much needed community room. Morningside Branch Opened in 1993 this branch was the result of a partnership with the St. Lucie Schools. The 20,000 sq. ft. facility has multiple program rooms. Adjacent to Southport Middle School, the Branch serves a large number of young adults as well as many families with young children. Since its inception, the Branch has housed an ongoing Friends of the Library Used Book sale and "employs" large numbers of volunteers. St. Lucie County Library, Long- Range I��Ian 11 OW, Paula A. Lewis Branch This long awaited, almost 21,000 sq. ft. Branch opened in 2018. It is located between Tradition and Darwin Square and features a modern, open floor plan. In addition to traditional services, it offers its patrons a variety of hands- on technology experiences including 3D printing, Virtual Reality, recording and animation capacity. The Branch also houses a library within a library ( the annex to the County's Rupert Smith Law Library). Pruitt Campus Library at Indian River State College In 1995, St. Lucie County entered into an inter -local agreement with Indian River State College for a joint use library facility. This successful and cost effective partnership allows County residents to have full access to the college's 25,000 sq. ft. library located in St. Lucie West. Patrons have access to the college's collections, plus a popular collection provided by the public library. ftml:� The only thing that you absolutely have to know, is the location of the library. - Albert Einstein ■7N St. Lucie County Library, Long- Range �iIan ��1�4 of L41 Library Services Strategy Public libraries playa vital role in enriching the lives of residents through their collections, access to library programs, technology and digital resources. Libraries are many people's first stop for basic technology instruction including hands-on experiences. Having a long-term library plan is a requirement for Florida State Aid to Libraries and this System has been producing plans for decades. Our current plan expires at the end of FY19. While remaining fluid and adaptable in many of its implementations, this 5 -year plan sets the Library's course, focus and 5-year priorities. St. Lucie County Libraries are vital community assets. As St. Lucie County sets it s course for growth and continued prosperity, the Library's strategy and goals need to strongly support and align with the County's vision, strategy and priorities. Our Library facilities, collections, programs and service models are moving in the direction of a more flexible, contemporary service model. Given the age of most of our branches this is challenging, but wherever possible incremental changes have been instituted to remove barriers between residents and the information and services that they seek. St. Lucie County Library, Long- Range I��Ian 'I % Ot L41 St. Lucie County Between 2000 and 2010, St. Lucie was one of the fastest growing counties in the U.S. with a total population increase of more than 80,000. The 2010 census indicated a population of 277,789. In 2019, St. Lucie County's population is roughly 313,000. Incorporated in 1905, St. Lucie County is included in the Port St. Lucie, FL Metropolitan Statistical Area, which is also included in the Miami -Fort Lauderdale -Port St. Lucie, FL Combined Statistical Area. It is comprised of the City of Fort Pierce (County seat), City of Port St. Lucie and St. Lucie Village. The County spans 572 sq. miles including 21 miles of coastline. The University of Florida's Bureau of Economic and Business Research projects the potential population growth to be between 378,000-420,000 by 2030. The Florida Library Association's standards (2013) state that a minimum of 0.6 sq. ft. per capita library space is essential. With our present 0.35 sq. ft. per capita of library square feet (111,900 total sq. ft. including the joint use library) we already fall short of an essential standard. In 2019 the System is over subscribed and will be hard pressed to keep up with the demands of the growing population. Moving forward, St. Lucie County is guided by strategy as articulated in their strategy map. Library Services exist as a department within St. Lucie County BOCC. The Library strongly identifies with and aligns itself with the County's core values, goals and objectives. In developing the Library's Five -Year Plan we are cognizant not only of the relationship to the County's overall strategic plan, but also seek to strengthen our alignment with the direction of 21st century libraries in America. St. Lucie County identifies Service, People, Community and Financial Management as their strategic priorities. All 7 of the Library's goals have been linked to at least one of these strategic priorities. Vision The St. Lucie County Library System is a beloved County institution. In 1954 we became the first County supported library in the State of Florida. Our branch libraries are destination places because of friendly, knowledgeable staff and our welcoming spaces. Staff are provided a plethora of learning opportunities and encouraged to keep learning. If we are excited about knowledge, technology, stories, discoveries and ideas, we can better convey that excitementto our customers. Our ongoing culture of learning and respect invites and supports residents of all ages, backgrounds and abilities. St. Lucie County Strategy Map & Mission Statement: St. Lucie County Library, Long- Range �iIan 11 Fi o 2419� Mission We advance knowledge, inspire lifelong learning, and strengthen the community. Goal 1 . �{�, CFiffmmial The St. Lucie County Library System will develop and manage library content and collections which meet the information, education, recreation and cultural needs of the Community. Objectives • Continue to develop collections that reflect the diverse needs and interests of St. Lucie County residents • Provide access to resources in a variety of formats, including print, audio and digital • Enable library users to have direct input into the collection, through a variety of patron request methods • As circulation of eBooks grows, continue to increase eBook spending • Work to build and maintain an overall collection to a size consistent to libraries serving a similar population in Florida • Expand print collection and resources for the County's growing Spanish, French and Haitian Creole speaking populations • In collaboration with other organizations, explore preservation of items of local interest via digitization Goal 2 ) `ommuni " St Lucie County Libraries will develop and deliver targeted activities and programs that use library resources and collections to deliver robust offerings to County residents. Objectives • Provide educational and recreational experiences that spark learning, discovery and enjoyment • Help people succeed as citizens, job seekers, students and parents • Increase the early literacy skills of children who participate in early literacy programs • Provide multiple locations for residents to engage, connect, discover. inspire and enjoy • Expand Maker and Creation Space Studios • Provide venues and programs highlighting the work of local authors and artists i LO n °a r.«o a m D ,p 9 St. Lucie County Library, Long- Range I��Ian 'I 1 / OW, J Goal 3 oSeffvkw op�-q"Community St Lucie County Libraries will provide technology access for all. Objectives • Provide free access to computers, internet and Wi-Fi • Support library users in building digital technology skills • Develop a public technology -training program that gives people of all ages an opportunity to acquire digital literacy skills and explore a variety of computers, handheld devices, and software applications Goal 4 Soryin P"Pie Community m i St. Lucie County Libraries will meet and exceed customer needs and continue to move in the direction of a barrier free innovative service model. Objectives • Have an appropriate blend of professional librarians and staff with other demonstrated areas of expertise (i.e. youth and or digital specialist) • Provide staff with training and development opportunities that will help them develop their skills and judgement so they will better assist library patrons • Use technology to streamline service delivery so that patrons have additional choices when using the physical library or interacting with staff • Use a variety of means to promote library activities • Advocate for expanded library hours • Explore ways to make greater use of staff knowledge and skills • Continue to "employ" volunteers for both routine task and out -of -the -box assignments St. Lucie County Library, Long- Range �iIan 11 t5 OW, VVPA40 Goal 5 Community 5•rvie� The St. Lucie County Library System will provide functional and flexible spaces that meet the needs of library users of all ages and interests. Objectives • As the County continues to grow, evaluate and plan for additional branch library space • Evaluate the design and potential redevelopment of existing space to better recognize the multiple and sometimes competing interests of different library users • Quiet comfortable spaces to read and relax • Spaces for private study and work • Space for collaboration • Spaces for residents to meet in groups • Space to access WI-FI • Spaces for youth and YA service • Continue to weed the print collection, repurpose available space, and work to balance the needs of the collection and the increasing demand for study, personal computer space, and soft seating. • Develop unique makerspace/creation station studio spaces for each branch • Improve existing signage to facilitate use Goal 6 C al Community �nt �� The St. Lucie County Library System will continue to collaborate with community and County department partners to improve the scope and quality of our services, reduce service duplication, and use community experts and resources for maximum impact. Objectives • Build upon the St. Lucie County Library and the St. Lucie School District relationship • Work with Community organizations and other County departments to support a full roster of lectures and programs • Strengthen referral relationships with various community service agencies (homeless, veterans, health department, domestic violence support) • Continue to explore ways to serve those populations we are either not serving or underserving • Rather than purchasing potentially underutilized items, expand use of the National Inter -library loan service • Strategically market library programs and services St. Lucie County Library, Long- Range Pon 1 'I 16 Ot 2 1 J Goal 7 Financial Managem n! The Library's financial strategies are based on sound financial policies and procedures, thoughtful decision - making, and ongoing analysis and prioritizing. Objectives • Continually monitor collection use to determine best use of budgeted dollars • Cross train all staff with an eye to maximizing competency and flexible staff assignments to various branches • Seek out grant opportunities to supplement County funding • Strengthen the relationship with the Friends of the St. Lucie County Library Association St. Lucie County Library, Long- Range Page 11U of 11 2020 (Year 1) Action Plan • Results from the 2020 Library survey are anticipated to show up to 90% of respondents rate the customer service skills of library staff as good or excellent. • Library staff at each location will develop two to three new partnerships with community organizations that lead to enhanced service for the most vulnerable populations. • Develop a system -wide Technology Plan in collaboration with Information Technology for both upgrades and rotating replacement schedule for existing technology. • Each branch library or section will develop or improve one or more processes, events or services through innovative thinking and risk -taking. • Full-time staff will complete a minimum of 30 hours of continuing education webinars or classes per year. Half-time staff will complete a minimum of 15 hours. • Increase the number of cardholders by 5% through outreach and community events. • Increase the number of Summer Reading Program participants by 5% . • All senior staff will research grant opportunities then collaborate with Library Administration to learn the grant process and apply for at least one small grant during the year. • Plan a 4- year phased installation of RFID technology in all branches. Install at Morningside during year one. • Increase patron's use of self -check system wide by 10%. • Apply for e-rate discounts and potentially realize an 80% savings on Internet and Ethernet fees. • Each branch will develop a new application, update or improvement in their Maker Space/Creation Station studios. • Hold quarterly in-house workshops that focus on developing the confidence, decision making and supervisory skills of Library Specialists. • Work with County's Public Information Officer to expand the Library's media presence. • Increase readership of the Library's online newsletter by 10%. • Expand the 2nd grade Summer Reading initiative to include four additional schools. St. Lucie County Library, Long- Range Pon 2 ��� oJ421 Submitted by, Susan Jacob, Director Library Services St. Lucie County Approved by the St. Lucie County Library Advisory Board On July 15, 2019 For FY2020-2024 Approved by the St. Lucie County Board of County Commissioners On XXXX XX, 2019 For FY2020-2024 St. Lucie County Library System 101 Melody Lane, Fort Pierce, FL 34950 772-462-1615 stlucico.gov/library Page 122 of 219 Page 123of21Q FLORIDA DEPARTMENT OF STATE DIVISION OF LIBRARY AND INFORMATION SERVICES STATE AID TO LIBRARIES GRANT APPLICATION Certification of Hours, Free library Service and Access to Materials The Saint Lucie County, governing body for the Sairnt Lucie County Lbraiy System hereby certifies that the following statements are true for the time period October 1, 2017 through June 30, 2020: • Provides free library service, including loaning mmterials available for circulation free of charge and providing reference and information services free of charge; • Provides access to materials, infon-nation and services for all residents ofthe area served; and • Has at least one library, branch library or member library open 40 howl or more each week (excluding holidays; between Sunday through Saturday, on a schedule detemmied by the library system). Signature Chair, Library Governing Body Name (Typed) Date Page: l Page 124 of 219 7F�LOUNTY R I D A^ 46 TO AGENDA REQUEST Board of County Commissioners 8. D.1. 2019-46710 CONSENT AGENDA -PARKS & RECREATION DATE: 9/10/2019 *ACTION ITEM - WAIVER OF FEES PRESENTED BY: Matthew Morse, Venue Coordinator SUBMITTED BY: Parks & Special Facilities Division SUBJECT: Waiver for Council of Social Agencies (COSA) Showcase of Services BACKGROUND: The Council of Social Agencies of St. Lucie County is looking to host their annual Showcase of Services at the Havert L. Fenn Center on September 18th, 2019. The Showcase is an opportunity for new and established service agencies to connect and share information about updated programs, added resources and improved products for the community they serve. The free event is open to the public and scheduled from gam to 11am. The mission of COSA is to educate and promote communication, collaboration and cooperation among member agencies and individuals for the enhancement of health and human services in the community. Rental fees in the amount of $375.00 can be waived by the BOCC pursuant to B.B.b. in Exhibit A of Resolution 14-053. Additional costs for County staff, equipment, and other charges, if applicable, will be paid by the renter. PREVIOUS ACTION: There have been no previous waivers for this event at the Havert L. Fenn Center. FINANCIAL IMPACT: If the fee waiver is approved, the County will forgo $375.00 in rental fee revenue under accounting string 001- 7511-347220-7510 User Fees. RECOMMENDATION: Staff recommends Board approval to waive the Facility Rental Fee of $375.00 as outlined in this agenda memorandum and authorization for the Chair to sign documents as approved by the County Attorney. Page 125 of 219 COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Matthew Baum, Parks & Special Facilities Manager 8/13/2019 Edward Matthews, Parks & Recreation Director Office of Management and Budget 8/13/2019 ��/ 8/14/2019 Jennifer Hill, Office of Management & Budget Director 8/14/2019 4 zr� County Attorney, County Attorney Jeffrey Bremer, Deputy County Administrator 8/14/2019 8/14/2019 _ Page 126 of 219 ^C e BOARD OF DIRECTORS July 23, 2019 Lesley George Mr. Edward Matthews President Director of Parks and Recreation Havert L. Fenn Center Kylee Fuhr 2000 Virginia Ave. 15t Vice President & Fort Pierce, FL 34982 Secretary Rene'e Deschenes 2nd Vice President Dear Mr. Matthews: Stefanie Myers As a proud Board member of the Council of Social Agencies here in St. Lucie County, I Treasurer would like to take a moment and introduce you to our mission. Our organization aims to educate and promote communication, collaboration and cooperation among member Kate Priest agencies and individuals for the enhancement of health and human services in the Paula Trautman Jim Wilder community. We always stay true to the adage, "It Takes a Village!" Carol Ann Alberts Mindi Fetterman COSA was founded in the 1980's by a group of invested human service providers. It continues as a valuable ongoing resource for those providing direct services or supervising those who do. COSA offers the opportunity to stay up-to-date on community unmet needs, resources, and services. Our annual Showcase of Services is an opportunity for new and established service agencies to connect and share information about updated programs, added resources and improved products for the community we all serve. This free event is planned for Wednesday, September 18th from 9am to 1 lam and is open to the public. We typically have anywhere between 60 to 80 community members, agencies and service recipients at our showcase. We are respectfully requesting that the rental fees be waived for this event so that the service agencies can reserve their resources for their clients. On behalf of the Board President and the entire Board of Directors, I thank you for allowing us to use your space. We are thrilled to host all of our wonderful agencies at the Fenn Center and look forward to a great morning. Sincerely, Mindi Fetterman Board Member Council of Agencies, Inc. *(772)218-0920 info@cosaslc.org P.O. Box 2356, Fort Pierce FL., 34954 Page 127 of 219 INTERNAL REVENUE SERVICE P. O. BOX 2508 CINCINNATI, OH 45201 Date: APR 13 2018 COUNCIL OF SOCIAL AGENCIES OF ST LUCIE COUNTY INC P O BOX 2356 FORT PIERCE, FL 34981-0000 Dear Applicant: DEPARTMENT OF THE TREASURY Employer Identification Number: 20-4939908 DLN: 26053471001578 Contact Person: CUSTOMER SERVICE ID# 31954 Contact Telephone Number: (877) 829-5500 Accounting Period Ending: December 31 Public Charity Status: 509(a)(2) Form 990/990-EZ/990-N Required: Yes Effective Date of Exemption: March 8, 2018 Contribution Deductibility: Yes Addendum Applies: Yes we're pleased to tell you we determined you're exempt from federal income tax under Internal Revenue Code (IRC) Section 501(c)(3). Donors can deduct contributions they make to you under IRC Section 170. You're also qualified to receive tax deductible bequests, devises, transfers or gifts under Section 2055, 2106, or 2522. This letter could help resolve questions on your exempt status. Please keep it for your records. Organizations exempt under IRC Section 501(c)(3) are further classified as either public charities or private foundations. We determined you're a public charity under the IRC Section listed at the top of this letter. If we indicated at the top of this letter that you're required to file Form 990/990-EZ/990-N, our records show you're required to file an annual information return (Form 990 or Form 990-EZ) or electronic notice (Form 990-N, the e-Postcard). If you don't file a required return or notice for three consecutive years, your exempt status will be automatically revoked. if we indicated at the top of this letter that an addendum applies, the enclosed addendum is an integral part of this letter. For important information about your responsibilities as a tax-exempt organization, go to www.irs.gov/charities. Enter 114221-PC" in the search bar to view Publication 4221-PC, Compliance Guide for 501(c)(3) Public Charities, which describes your recordkeeping, reporting, and disclosure requirements. Letter 947 Page 128 of 219 -2- COUNCIL OF SOCIAL AGENCIES OF ST Enclosure: Addendum sincerely, ,.oAtvft *t-- Director, Exempt Organizations Rulings and Agreements Letter 947 Page 129 of 219 ME COUNCIL OF SOCIAL AGENCIES OF ST ADDENDUM If you have been in existence for at least three years and you have not filed a Form 990 return or notice for three consecutive years, you may soon receive a letter (Notice CP120A) that we automatically revoked your exempt status, as required by law, for failure to file a return or notice for three consecutive years. This letter will serve to reinstate your exempt status, so you will not need to re -apply. However, you may need to file the appropriate delinquent Forms 990 for all years you have operated as a tax-exempt organization. Based on the information submitted in your application, we're treating your Form 1023-EZ as an application for reinstatement under Revenue Procedure 2014-11. Your effective date of exemption, as shown in the heading of this letter, is the submission date of your application. Letter 947 Page 130 of 219 *:I:II-1111r_1 - RESERVATION FEES VENUE: Havert L. Fenn Center PHONE: 772-462-1521 FAX: 772-462-1128 Date: July 31, 2019 Event Date: September 18, 2019 Event Day: Wednesday Event: Annual Showcase of Services Event Times: 8:30am - 11:30am No. of Attendees 50 Set Up/Load In: 8am - 8:30am Contact: Lesley George, Carol Alberts Break Down/Load Out: 11:30am - 12pm Total Event Hours, inc. Load in/Out: 4 hours Organization: Council of Social Agencies of St. Lcuie County, Inc. Address: PO Box 2356 Fort Pierce, FL 34954 Office Phone: Fax: Cell: 772-237-9781 E-mail Address: Igeorge@pbcgov.org **************************************************************************************************** Facility Use Fee Rate Fee Multipurpose Room 5 & 6 $250 for 4 hour block X 2 rooms $500.00 Sub -total $500.00 Deduct 25% Nonprofit Discount $125.00 Revised Sub -total $375.00 Sales Tax 7% T/E FACILITY USE FEE TOTAL - TO BE WAIVEDI $375.00 Eauiament Use Fees Tables & Chairs N/C $0.00 Sales Tax 7% T/E EQUIPMENT FEES TOTAL $0.00 Staff/Personnel (Does not include cost of any required security personnel) Event Supervisor (Required) STAFF FEES TOTAL nthprFppc Cleaning Fee Event Insurance Premium (if applicable; by separate check) OTHER FEES TOTAL Security Deposit SECURITY DEPOSIT TOTAL TOTAL ESTIMATED CHARGES $375.00 Payable to St. Lucie County BOCC TOTAL ESTIMATED CHARGES WITH WAIVER $0.00 Other Requirements include but are not limited to: 1. 50% Deposit with Signed Facility Use Agreement, Required Documents to Confirm Reservation. Payment in full and all Required Documents due no less than 30 days prior to event to avoid cancellation. 2. Comprehensive General Liability Insurance Certificate for $1,000,000 per occurrence, $2,000,000 aggregate in name of Applicant and naming St. Lucie County BOCC as an Additional Insured is required. If needed, event insurance is available at reasonable rates. Prepared by: Matt Morse FORM APPROVED MAY 2012 Page 131 of 219 7F�LOUNTY R I D A^ 46 TO PRESENTED BY SUBMITTED BY: Lill 1"0 BACKGROUND: AGENDA REQUEST Board of County Commissioners Matthew Morse, Venue Coordinator Parks & Special Facilities Division Waiver for Women United Lunch and Learn 8.D.2. 2019-46767 CONSENT AGENDA -PARKS & RECREATION DATE: 9/10/2019 *ACTION ITEM - WAIVER OF FEES The United Way of St. Lucie County is looking to host an event on September 13, 2019 at the Havert L. Fenn Center entitled Women United Lunch and Learn. The event is open to anyone in the community. While there will be a charge of $20 to attend, the fee is to cover the cost of providing lunch to all attendees. The main purpose of the event is to provide training and awareness to the community on response during an active shooter situation and provide certification for the Stop the Bleed training. The training will be provided by D-Dey Response Group, a nationally recognized trainer. Rental fees in the amount of $146.25 can be waived by the BOCC pursuant to B.8.b. in Exhibit A of Resolution 14-053. Additional costs for County staff, equipment, and other charges, if applicable, will be paid by the renter. PREVIOUS ACTION: N/A FINANCIAL IMPACT: If the fee waiver is approved, the County will forgo $146.25 in rental fee revenue under accounting string 001- 7511-347220-7510 User Fees. RECOMMENDATION: Staff recommends Board approval to waive the Facility Rental Fee of $146.25 as outlined in this agenda memorandum and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Page 132 of 219 RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Matthew Baum, Parks & Special Facilities Manager 8/21/2019 Edward Matthews, Parks & Recreation Director Office of Management and Budget 8/21/2019 8/21/2019 Jennifer Hill, Office of Management & Budget Director 8/21/2019 oL zr� Daniel McIntyre, County Attorney Howard Tipton, County Administrator 8/21/2019 8/22/2019 Page 133 of 219 United Way of St. Lucie County BOARD OFFICERS Howard Tipton, Board Chair August 21, 2019 St. Lucie County Administration Michelle Franklin, Vice Chair Edward Matthews, Director of Parks, Recreation & Facilities St. Lucie County Property Appraiser's office St. Lucie County Board of County Commissioners Rhonda Wigglesworth, Treasurer 2000 Virginia Ave. St Lucie County Sheriffs office Fort Pierce, FL 34982 Shelly Thomas, Secretary Wells Fargo Bank Andy Treadwell, Immediate Past Dear Mr. Matthews, Chair Indian River State College The United Way of St. Lucie County will be hosting an event on September BOARD OF DIRECTORS 13, 2019 at the Havert L. Fenn Center entitled Women United Lunch & Dana Apfelbaum Learn. This event is open to anyone in the community. While we will be Dean, Mead, Minton & Zwemer charging $20, the fee is to cover the cost of providing lunch to all attendees. Bob Bysshe Harbour Ridge Yacht & Country Club The main purpose of the event is to provide training and awareness to the Kimberly Clarizio community on response during an active shooter situation and provide Clarizio, CPA certification for the Stop the Bleed training. The training will be provided by Jeff Emmeluth D-Dey Response Group, a nationally recognized trainer. Craig Jeffries Wealth Management Hon. Thomas D. Epsky United Way of St. Lucie County would like to request a waiver of the facility Florida ReemploymentAssistance Appeals Commissionmissionfee in the amount of $146.25 at the Havert L. Fenn Center. ccl John FaperMarkets PublixSuMa r If you should have any questions or concerns please feel free to contact me at (772) 464-5300. Vanessa Farnes Seacoast National Bank Sincerely, Herman Funderburk Wal-Mart Distribution Center #7038-' Sarah Gebo� Florida Power &Light Sheritta Johnson Karen M. Knapp City of Fort Pierce CEO April King Coca-Cola Beverages FL KMK/jp Kevin Perry, PhD St. Lucie County School District Jann Widmayer Fort Pierce Utilities Authority Elijah Wooten, Jr. City of Port St. Lucie CEO/PRESIDENT Karen M.Knapp United Way of St. Lucie County, Inc. * 4800 S. US Hwy. 1, Fort Pierce, PR. 34982 * Phone: (772) 464-5300 * Website: www,unitedwayslc.org , Page 134 of 219 EXHIBIT A - RESERVATION FEES VENUE: Havert L. Fenn Center PHONE: 772-462-1521 FAX: 772-462-1128 Estimate Date: August 21, 2019 Event Date: September 13, 2019 Event Day: Friday Event: Women United Lunch & Learn Event Times: 1lam - 1:30pm No. of Attendees 40 Set Up/Load In: Contact: Jessica Parish Break Down/Load Out: Total Event Hours, inc. Load in/Out: 3 hours Organization: United Way Address: 4800 S. US Highway 1 Fort Pierce, FL 34982 Office Phone: 772-464-5300 Fax: Cell:772-215-5199 E-mail Address:jessica.parish@unitedwaysIc.org **************************************************************************************************** Facility Use Fee Rate Small MP $65/hr X 3 hours Eauiament Use Fees Fee $195.00 Sub -total $195.00 Deduct 25% Nonprofit Discount $48.75 Revised Sub -total $146.25 Sales Tax 7% T/E FACILITY USE FEE TOTAL TO BE WAIVED $146.25 Tables & chairs N/C $0.00 Sales Tax 7% T/E EQUIPMENT FEES TOTAL $0.00 Staff/Personnel (Does not include cost of any required security personnel) Event Supervisor (Required) N/C $0.00 STAFF FEES TOTAL nthprFppc Food & Beverage $1 per person x 40 people $40.00 Event Insurance Premium (if applicable; by separate check) OTHER FEES TOTAL Security Deposit SECURITY DEPOSIT TOTAL Payable to St. Lucie County BOCC TOTAL ESTIMATED CHARGES W/ WAIVER $40.00 Other Requirements include but are not limited to: 1. 50% Deposit with Signed Facility Use Agreement, Required Documents to Confirm Reservation. Payment in full and all Required Documents due no less than 30 days prior to event to avoid cancellation. 2. Comprehensive General Liability Insurance Certificate for $1,000,000 per occurrence, $2,000,000 aggregate in name of Applicant and naming St. Lucie County BOCC as an Additional Insured is required. If needed, event insurance is available at reasonable rates. Estimate Prepared by: Matt Morse FORM APPROVED MAY 2012 Page 135 of 219 Internal Revenue Service Director, Exempt Organizations Rulings and Agreements Date: DEC 0 12006 United Way of St Lucie County Inc 4800 S US 1 Fort Pierce, FL 34982 Dear Applicant, Department of the Treasury P.O. Box 2508 Cincinnati, Ohio 45201 Employer ]Identification Number 59-6212157 Person to Contact — ID: Sirqua Mayi — #31-07372 Contact Telephone Numbers,. 877-829-5500 Phone Public Charity Status: 170(b)(1)(A)(vi) Our letter dated August 1968 stated that you were exempt from Federal income tax under section 501(c)(3) of the Internal Revenue Code, Based on the information you submitted, we have classified you as a public charity under the Code section listed in the heading of this letter. Since your exempt status was not under consideration, you continue to be classified as an organization exempt from Federal income'tax under section 501(c)(3),ofthe Code, Publication 557, Tax Exempt Status for Your Organization, provides detailed information about your rights and responsibilities as an exempt organization. You may request a copy by calling the toll -free number for forms, 800-829-3676. Information is also available on our Internet Web Site at w%vw.irs.uov. Because this letter could help resolve any questions regarding your exempt status, you should keep it in your permanent records. If you have any questions, please call our toll free number shown in the heading of this letter. Sincerely yours, Lois G Lern r Director, Exempt Organizations Rulings and Agreements Page 136 of 219 7F�LOUNTY R I D A^ 46 TO PRESENTED BY SUBMITTED BY: Lill 1"0 BACKGROUND: AGENDA REQUEST Board of County Commissioners Kori Benton, Senior Planner Planning & Development Services Miller 193 North Final Plat - 193 N. Jenkins Road 8.E.1. 2019-46758 CONSENT AGENDA -PLANNING & DEVELOPMENT SERVICES DATE: 9/10/2019 *ACTION ITEM - PLAT APPROVAL The applicant, Joseph G. Miller (TR), is requesting Final Plat approval for a two (2) lot subdivision with Lot 1 totaling 4.239 acres and Lot 2 totaling 2.065 acres. The collective 6.304 acre property is located at 193 N. Jenkins Road, at the southwest corner of Jenkins Road and Loop Road. The subject site(s) are within the IL (Industrial Light) Zoning District and the Jenkins Road Area Plan Special District, with a Future Land Use designation of MXD - Loop Road Mixed Use Activity Area. The approved site plan, associated with this Final Plat, consists of a 22,422 sq. ft. commercial vehicle sales and service facility for Freightliner. PREVIOUS ACTION: PDS Order 19-028 authorized the Minor Site Plan consisting of the Freightliner site development plan and reconfiguration of two (2) parcels into a two (2) lot plat. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends approval with the condition the applicant executes an agreement to pay a fee -in -lieu of construction for, or install, a concrete sidewalk along the N. Jenkins Road and Loop Road property lines and remit to the County the required payment where applicable. The acceptable method of payment shall be a certified check payable to St. Lucie County. COMMISSION ACTION: Page 137 of 219 RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Rod Reed, County Surveyor 8/22/2019 Linda Pendarvis, Development Review Coordinator 8/22/2019 Patrick Dayan, Water Quality Manager 8/23/2019 Daniel McIntyre, County Attorney Mark Satterlee, Deputy County Administrator 8/23/2019 W14 8/27/2019 Page 138 of 219 Page 139 of 219 BCC-CSEN-2201915483 & MNSP-2201915482 Miller 193 North (fka Freightliners) Aerial sk • s iy/Lf + j 7t A w LOOP_RD S 6 E �7 _ _.-- -i..• _ORANGEAVE � �.ir, ram,• _ _; ORANGEAVE -IT � COPENHAVER.RD "ii / �� ,•- �-1 .F y 11' , LLJ, YJ � Subject Property 0 250 500 750 1,000 Aerial date: 2018 w E Feet Map prepared March 18, �Q�g 140 of 9 &W9 BCC-CSEN-2201915483 & MNSP-2201915482 Miller 193 North (fka Freightliners) Zoning I AR-1 1 1 AR-1 IL IL I I 100 LOOP - IL IH IL RS 0 ry �0 z V z w I z IL IL RS-2 r EVE ORANGE AVE—ORANGE AVE p CO CO RS- RS=3 LRS-3 Legend - Zoning Codes: N 200100 0 200 ®Subject Property CO, Commercial Office RS-2, Residential, Single Family, 2 du/ac w E AR-1, Agricultural Residential, 1 du/ac IL, Industrial Light RS-3, Residential, Single Family, 3 du/ac Feet S` CG, Commercial General IH, Industrial Heavy RS-4, Residential, Single Family, 4 du/ac Ma{P*e:Udrdf281,M019 LAid BCC-CSEN-2201915483 & MNSP-2201915482 Miller 193 North (fka Freightliners) Future Land use RU ENHAV,E MXD M PIN 37 RM 0 ry �O z Y z w z IND RU COM GEORANGE AV _V,E RM BERM Legend - Future Land Use Codes: 200100 0 200 N ®Subject Property MXD, Mixed Use WE COM, Commercial RU, Residential Urban, 5 du/ac Feet S IND, Industrial RM, Residential Medium, 9 du/ac Map d%gMdi*B d)9,M9 MI1L�L�E R 193 "NORTH LAND LYING IN THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 12, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA. LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF ST. LUCIE, STATE OF FLORIDA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 12, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA; THENCE RUN NORTH 89°43'16" EAST, ALONG THE SOUTH LINE OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 12, A DISTANCE OF 184.00 FEET TO THE POINT OF BEGINNING; THENCE RUN NORTH 00°03'03" EAST, DEPARTING SAID SOUTH LINE, A DISTANCE OF 321.84 FEET TO THE SOUTH RIGHT—OF—WAY LINE OF LOOP ROAD; THENCE RUN SOUTH 85°11'16" EAST, ALONG SAID SOUTH RIGHT—OF—WAY LINE, A DISTANCE OF 409.66 FEET TO THE WEST RIGHT—OF—WAY LINE OF JENKINS ROAD; THENCE RUN SOUTH 00°06'25" WEST, DEPARTING SAID SOUTH RIGHT—OF—WAY LINE AND ALONG SAID WEST RIGHT—OF—WAY LINE, A DISTANCE OF 285.49 FEET TO THE SAID SOUTH LINE OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 12; THENCE SOUTH 89°43'16" WEST, DEPARTING SAID WEST RIGHT—OF—WAY LINE AND ALONG SAID SOUTH LINE, A DISTANCE OF 407.97 FEET TO THE POINT OF BEGINNING. ALL LYING AND BEING IN SECTION 12, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA. TOGETHER WITH: (PARCEL 2) BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 12, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA; THENCE RUN SOUTH 89°43'15" WEST, ALONG THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 12, A DISTANCE OF 266.00 FEET; THENCE RUN NORTH 00°03'03" EAST, DEPARTING SAID SOUTH LINE, A DISTANCE OF 338.24 FEET TO THE SOUTH RIGHT—OF—WAY LINE OF LOOP ROAD; THENCE RUN SOUTH 89°43'16" EAST, ALONG SAID SOUTH RIGHT—OF—WAY LINE, A DISTANCE OF 266.00 FEET; THENCE RUN SOUTH 85'11'16" EAST, A DISTANCE OF 184.64 FEET; THENCE SOUTH 00°03'03" WEST, DEPARTING SAID SOUTH RIGHT—OF—WAY LINE, A DISTANCE OF 321.84 FEET TO THE SOUTH LINE OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 12; THENCE RUN SOUTH 89°43'16" WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 184.00 FEET TO THE POINT OF BEGINNING. ALL LYING AND BEING IN SECTION 12, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA. CONTAINING: 6.30 ACRES, MORE OF LESS. CERTIFICATE OF OWNERSHIP & DEDICATION STATE OF FLORIDA COUNTY OF ST. LUCIE JOSEPH G. MILLER AS TRUSTEE OF THE JOSEPH G. MILLER REVOCABLE LIVING TRUST, OWNER OF THE LAND DESCRIBED AND PLATTED HEREIN AS "MILLER 193 NORTH", BEING IN ST. LUCIE COUNTY, FLORIDA, HAS CAUSED SAID LANDS TO BE SURVEYED AND PLATTED AS SHOWN HEREON, AND DOES HEREBY DEDICATE AS FOLLOWS: 1. THE UTILITY EASEMENT (U.E.) AS SHOWN HEREON, IS HEREBY DEDICATED TO THE PUBLIC FOR THE INSTALLATION AND MAINTENANCE OF PUBLIC UTILITIES, INCLUDING WATER, AND SEWER, AS WELL AS FOR CONSTRUCTION, INSTALLATION, MAINTENANCE AND OPERATION OF CABLE TELEVISION SERVICES. SAID EASEMENT AS SHOWN HEREON IS ALSO DEDICATED IN FAVOR OF FORT PIERCE UTILITIES AUTHORITY (F.P.U.A.), ITS SUCCESSORS AND/OR ASSIGNS, FOR ACCESS TO, AND INSTALLATION AND MAINTENANCE OF PUBLIC UTILITY FACILITIES INCLUDING WATER AND WASTEWATER LINES AND APPURTENANT FACILITIES. THE F.P.U.A. SHALL NOT BE RESPONSIBLE FOR MAINTENANCE OBLIGATIONS FOR SAID EASEMENT EXCEPT AS SHALL RELATE TO THE SERVICING OF SUCH PUBLIC UTILITIES BY THE F.P.U.A. IN WITNESS WHEREOF, THE ABOVE NAMED JOSEPH G. MILLER HAS CAUSED THESE PRESENTS TO BE SIGNED THIS DAY OF -------------------20---• B Y: JOSEPH G. MILLER WITNESS SIGNATURE WITNESS SIGNATURE PRINTED NAME PRINTED NAME TITLE CERTIFICATION STATE OF FLORIDA COUNTY OF ST. LUCIE I, FRANK H. FEE, III, A MEMBER OF THE FLORIDA BAR, RELYING SOLELY ON THAT CERTAIN TITLE COMMITMENT PREPARED BY OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, DATED JULY 3, 2018, AND DESIGNATED AS POLICY NUMBER OF6-8575033 (THE "PLAT SEARCH"), AND ASSUMING THE ACCURACY OF THE INFORMATION CONTAINED IN THE PLAT SEARCH, DO HEREBY CERTIFY THAT I HAVE EXAMINED THE TITLE OF THE PROPERTY DESCRIBED HEREON AND THAT I FIND THAT THE TITLE TO THE PROPERTY IS VESTED IN: *OWNER*, THAT ALL TAXES ON THE PROPERTY HAVE BEEN PAID AS REQUIRED BY FLORIDA STATUTES § 197.192, AND THAT THE PROPERTY IS NOT ENCUMBERED. DATED: THE DAY OF B Y: ----------------- FRANK H. FEE, III, ESQ. FEE, YATES & FEE, PLLC 2019. CLERK OF CIRCUIT COURT STATE OF FLORIDA COUNTY OF ST. LUCIE I, JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, DO HEREBY CERTIFY THAT THIS PLAT HAS BEEN EXAMINED AND THAT IT COMPLIES IN FORM WITH ALL THE REQUIREMENTS OF THE LAWS OF FLORIDA PERTAINING TO MAPS AND PLATS, AND THAT THIS PLAT HAS BEEN FILED OF RECORD IN PLAT BOOK PAGES OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, THIS ________________ DAY OF__________________, 2019. ta JOSEPH E. SMITH CLERK OF THE CIRCUIT COURT ST. LUCIE COUNTY, FLORIDA COUNTY COMMISSION STATE OF FLORIDA COUNTY OF ST. LUCIE IT IS HEREBY CERTIFIED THAT THIS PLAT HAS BEEN OFFICIALLY APPROVED FOR RECORD BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, THIS ________________ DAY OF__________________, 2019. BY: DATE: LINDA BARTZ CHAIRMAN OF THE BOARD COUNTY SURVEYOR IT IS HEREBY CERTIFIED THAT THE UNDERSIGNED SURVEYOR AND MAPPER DULY LICENSED IN THE STATE OF FLORIDA HAS REVIEWED THIS PLAT FOR CONFORMITY WITH THE REGULATIONS OF CHAPTER 177, FLORIDA STATUTES. BY: DATE: ------------------------ — ROD REED PROFESSIONAL SURVEYOR & MAPPER FLORIDA CERTIFICATE NO. 3916 COUNTY ATTORNEY IT IS HEREBY CERTIFIED THAT THE FORGOING PLAT IS APPROVED AS TO FORM AND LEGAL SUFFICIENCY. BY: DATE: PRINT NAME: ------------------- COUNTY ATTORNEY ST. LUCIE COUNTY, FLORIDA COUNTY ENGINEER STATE OF FLORIDA COUNTY OF ST. LUCIE IS ITS HEREBY CERTIFIED THAT THIS PLAT MEETS ALL MINIMUM SUBDIVISION PLATTING REQUIREMENTS AS SET FORTH IN SECTION 11.03.00 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE. BY: DATE: KIMBERLY GRAHAM COUNTY ENGINEER ST. LUCIE COUNTY, FLORIDA PLANNING AND DEVELOPMENT SERVICES APPROVAL STATE OF FLORIDA COUNTY OF ST. LUCIE IT IS HEREBY CERTIFIED THAT THIS PLAT MEETS THE MINIMUM LOT DIMENSION REQUIREMENTS OF THE __ ZONING DISTRICT, AS SET FORTH IN SECTION 7.01.00 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE THIS DAY OF 2019. --------------------- BY:_ LESLIE OLSON, AICP DIRECTOR OF PLANNING AND DEVELOPMENT SERVICES ST. LUCIE COUNTY, FLORIDA SEAL COUNTY SURVEYOR SEAL CLERK OF CIRCUIT COURT DOCKET NO. a� S _ ■ ONE ■ 11 NOT TO SCALE SURVEYORS CERTIFICATE I, MICHAEL T. OWEN, DO HEREBY CERTIFY THAT (A) THIS PLAT OF MILLER 193 NORTH IS TRUE AND CORRECT AND WAS PREPARED FROM AN ACTUAL SURVEY OF THE PROPERTY MADE BY ME OR UNDER MY RESPONSIBLE DIRECTION AND SUPERVISION; (B) SAID SURVEY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF; (C) ALL PERMANENT REFERENCE MONUMENTS SHOWN HEREON ACTUALLY EXIST AND THEIR LOCATION, SIZE, TYPE, AND MATERIAL ADHERE TO THE REQUIREMENTS OF CHAPTER 177, FLORIDA STATUTES; AND (D) THE SURVEY DATA COMPLIES WITH ALL THE REQUIREMENTS OF CHAPTER 177, FLORIDA STATUTES, AS AMENDED, AND THE ORDINANCES OF THE CITY OF FT. PIERCE AND ST. LUCIE COUNTY, FLORIDA. DATED THIS DAY OF 2019. MICHAEL T. OWEN PROFESSIONAL SURVEYOR & MAPPER FLORIDA CERTIFICATE NO. 5556 EDC, INC. LB#8098 10250 SW VILLAGE PARKWAY PORT ST. LUCIE, FLORIDA 34987 NOTES: SEAL SURVEYOR 1. THIS PLAT, AS RECORDED IN ITS GRAPHIC FORM, IS THE OFFICIAL DEPICTION OF THE SUBDIVIDED LANDS DESCRIBED HEREIN AND WILL IN NO CIRCUMSTANCES BE SUPPLANTED IN AUTHORITY BY ANY OTHER GRAPHIC OR DIGITAL FORM OF THE PLAT. THERE MAY BE ADDITIONAL RESTRICTIONS THAT ARE NOT RECORDED ON THE PLAT THAT MAY BE FOUND IN THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. 2. BEARINGS SHOWN HEREON ARE RELATIVE TO THE EAST LINE OF SECTION 12, HAVING A BEARING OF S00°01'40"W. 3. PLAT CONTAINS 6.30 ACRES, MORE OR LESS. 4. ALL TRACT CORNERS WILL BE SET IN ACCORDANCE WITH CHAPTER 177, F.S. PREPARED BY MICHAEL T. OWEN FLORIDA PROFESSIONAL SURVEYOR AND MAPPER No. 5556 ENGINEERS O SURVEYORS O ENVIRONMENTAL PORT SAINT LUCIE 10250 SW VILLAGE PARKWAY SUITE 201 PORT SAINT LUCIE, FL 34987 TM 772-340-4990 -i_ www.edc-inc.com F.B.P.E. CERTIFICATE OF AUTHORIZATION 9935 L.B. CERTIFICATE OF AUTHORIZATION 8098 SHEET 1 OF 2 Page 143 of 219 In�11111111I�I:�I�Y�:III LAND LYING IN THE NORTH 1 /2 OF THE SOUTHEAST 1 /4 OF THE NORTHEAST 1 /4 OF SECTION 12, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA. SECTION CORNER FIND P/K NAIL & DISK N 1135039.99 E 856380.58 I I EAST 1 /4 CORNER SECTION 1: FIND BOAT SPIKE N 1132353.4` E 856379.2' DOCKET NO. 1 _ 6 2 T 7 z� O QW �O (� Q I LJ W m U) O to Z ~ Ln J CD H m fY] CO Q 0m w �O 7 7 LEGEND 0 INDICATES (P.R.M.) PERMANENT P.O.C. POINT OF COMMENCEMENT NGS NATIONAL GEODETIC SURVEY PREPARED BY MICHAEL T. OWEN REFERENCE MONUMENT SET P.O.B. POINT OF BEGINNING L.B.T. LANDSCAPE BUFFER TRACT FLORIDA PROFESSIONAL SURVEYOR AND MAPPER No. 5556 5/8" IRON ROD & CAP P.L.S. PROFESSIONAL LAND SURVEYOR L.S.E. LIFT STATION EASEMENT STAMPED "PRM LB 8098" P.S.M. PROFESSIONAL SURVEYOR & MAPPER O.S.T. OPEN SPACE TRACT UNLESS OTHERWISE NOTED LS. LAND SURVEYOR W.M.T. WATER MANAGEMENT TRACT L.B. LICENSED BUSINESS R/W RIGHT—OF—WAY GRAPHIC SCALE O INDICATES (P.C.P.) PERMANENT P.R.M. PERMANENT REFERENCE MONUMENT (NR) NON -RADIAL CONTROL POINT SET STAMPED P.C.P. PERMANENT CONTROL POINT SEC. SECTION 40 0 20 40 80 160 "PCP LB 8098" UNLESS FD FOUND TWP. TOWNSHIP OTHERWISE NOTED IR&C 5/8" IRON ROD & CAP RGE. RANGE INDICATES TRACT CORNER CM CONCRETE MONUMENT S.P.C. STATE PLANE COORDINATE ENGINEERS SURVEYORS ENVIRONMENTAL 5/8" IRON & CAP STAMPED IR IRON ROD S.F. SQUARE FEET ( IN FEET ) "LB 8098" O.R.B. OFFICIAL RECORDS BOOK CCR CERTIFIED CORNER RECORD 1 inch = 40 ft. T SAINT LUCIE PORT P.B. PLAT BOOK A/D CURVE CENTRAL ANGLE/DELTA SW VILLAGE PARKWAY SUITE 201 PG. PAGE R RADIUS PORT SAINT LUCIE, FL 34987 B.E. BUFFER EASEMENT L CURVE LENGTH TM 772-340-4990 U.E. UTILITY EASEMENT CB CHORD BEARING -� www.edc-inc.com I.E.E. INGRESS/EGRESS EASEMENT CD CHORD DISTANCE F.B.P.E. CERTIFICATE OF AUTHORIZATION 9935 REC. RECREATION TRACT L.B. CERTIFICATE OF AUTHORIZATION 8098 SHEET 2 OF 2 Page 144 of 219 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY FILE # 4593029 OR BOOK 4295 PAGE 1063, Recorded 07/15/2019 12:54:20 PM PDS Order 19-028 MNSP-2201915482 AN ORDER GRANTING APPROVAL OF A MINOR SITE PLAN TO BE KNOWN AS MILLER 193 NORTH (AKA FREIGHTLINERS) LOCATED AT 193 N. JENKINS ROAD, FORT PIERCE, FL WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the request for a Minor Site Plan submitted by Joseph G. Miller JR), evaluated the comments of the St. Lucie County Development Review Committee on this application, and made the following determinations: 1. On February 20, 2019, Joseph G. Miller JR) and representative, Roderick Kennedy, PE, of Engineering Design and Construction Inc., filed an application requesting a Minor Site Plan for the construction of a 22,422 sq. ft. commercial vehicle sales and service facility and associated site improvements to be located at 193 North Jenkins Road as more particularly described in Part B below and depicted on Exhibit A. The site plan application further includes a request to subdivide the subject site into two (2) lots of 4.239 acres (Lot 1) and 2.065 acres (Lot 2), with the subject development proposed for Lot 1. The subject 6.304 acre property is located within the IL (Industrial Light) Zoning District. 2. The Development Review Committee has reviewed the proposed Minor Site Plan and found it to meet the technical requirements set forth in Section 11.02.07, Standards for Site Plan Review, of the St. Lucie County Land Development Code. 3. 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 Miller 193 North (AKA Freightliners) — Minor Site Plan (MNSP-2201915482), dated July 1, 2019. 4. The proposed site plan will not have an undue adverse effect 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, and will be constructed and operated, so as not to interfere with the development and use of neighboring property, in accordance with applicable zoning district regulations. MNSP-2201915482 PDS Order 19-28 Page 1 of 8 Page 145 of 219 OR BOOK 4295 PAGE 1064 NOW, THEREFORE, BE IT ORDERED by the Planning and Development Services Director of St. Lucie County, Florida. A. Pursuant to Section 11.02.03 of the St. Lucie County Land Development Code, the Minor Site Plan to be known as Miller 193 North (AKA Freightliners) is hereby approved as shown on the site plan drawings, attached as Exhibit B, for the project prepared by Engineering Design and Construction Inc., revised through May 28, 2019 and date stamped received by the St. Lucie County Planning and Development Services Division on June 5, 2019, subject to the following conditions: 1) Prior to issuance of a building permit for construction, the property owner shall complete a unity of title or parcel combination for the two (2) parcels contributing to the site plan area unless the associated plat is recorded. 2) The property owner, prior to the issuance of the certificate of occupancy for the proposed project, the developer, his/her successors or assigns, shall convey to St. Lucie County, in a manner or form acceptable to the St. Lucie County Attorney, the following right-of-way: A 35ft corner clip at the south west comer of Loop Road on Jenkins Road. Detail of the required actions for completion of the requested transfer, via Warranty Deed, are contained as an attachment to the staff report. 3) Prior to the issuance of a building permit, constructability plans shall be submitted to the St. Lucie County Engineering Division for review and approval. Additional comments may be provided from the review of construction plans. 4) Prior to issuance of a building permit for construction or recording of the proposed plat, the applicant shall execute an agreement to pay a fee -in -lieu of construction for, or install, a concrete sidewalk along the N. Jenkins Road and Loop Road property lines and remit to the County the required payment where applicable. The acceptable method of payment shall be a certified check payable to St. Lucie County. 5) 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 PARCEL 1 (2312-141-0002-000-2): COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 12, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA; THENCE RUN NORTH 89°43'16" EAST, ALONG THE SOUTH LINE OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 12, A DISTANCE OF 184.00 FEET MNSP-2201915482 PDS Order 19-28 Page 2 of 8 Page 146 of 219 OR BOOK 4295 PAGE 1065 TO THE POINT OF BEGINNING; THENCE RUN NORTH 00"03'03" EAST, DEPARTING SAID SOUTH LINE, A DISTANCE OF 321.84 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF LOOP ROAD; THENCE RUN SOUTH 85011'16" EAST, ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 409.66 FEET TO THE WEST RIGHT-OF-WAY LINE OF JENKINS ROAD; THENCE RUN SOUTH 00°06'25" WEST, DEPARTING SAID SOUTH RIGHT-OF-WAY LINE AND ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 285.49 FEET TO THE SAID SOUTH LINE OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 12; THENCE SOUTH 89043'16" WEST, DEPARTING SAID WEST RIGHT- OF-WAY LINE AND ALONG SAID SOUTH LINE, A DISTANCE OF 407.97 FEET TO THE POINT OF BEGINNING, ALL LYING AND BEING IN SECTION 12, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA TOGETHER WITH: PARCEL 2 (2312-142-0001-000-8): BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHEAST 114 OF THE SOUTHEAST 114 OF THE NORTHEAST 1/4 OF SECTION 12, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA; THENCE RUN SOUTH 89043'15" WEST, ALONG THE SOUTH LINE OF THE NORTHWEST 114 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 12, A DISTANCE OF 266.00 FEET; THENCE RUN NORTH 00"03'03" EAST, DEPARTING SAID SOUTH LINE, A DISTANCE OF 338.24 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF LOOP ROAD; THENCE RUN SOUTH 89043'16" EAST, ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 266.00 FEET; THENCE RUN SOUTH 85"11'16" EAST, A DISTANCE OF 184.64 FEET; THENCE SOUTH 00°03'03" WEST, DEPARTING SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 321.84 FEET TO THE SOUTH LINE OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 12; THENCE RUN SOUTH 89°43'16" WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 184.00 FEET TO THE POINT OF BEGINNING. ALL LYING AND BEING IN SECTION 12, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA. COLLECTIVELY CONTAINING: 6.31 ACRES, MORE OF LESS. Parcel Number(s): 2312-141-0002-000-2 &2312-142-0001-000-8 Location: 193 Jenkins Road & TBD Loop Road C. The approvals granted by this administrative order shall expire on July 8, 2021, 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, as part of this Minor Site Plan 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 MNSP-2201915482 PDS Order 19-28 Page 3 of 8 Page 147 of 219 OR BOOK 4295 PAGE 1066 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 Planning and Development Services Director and mailed to the developer 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 B, shall be valid for the same period as this order. H. The Certificate of Capacity, attached as Exhibit C, shall be valid for the same period as this order. If this order expires or otherwise terminates, the Certificate of Capacity shall automatically terminate. This Order shall become effective upon the date of recording. Should the property owner, developer or authorized agent wish to appeal any condition described in Part A above, all such appeals must be filed in writing with the County Administrator within 30 days of the rendering of this Resolution, as described in Section 11.02.03(B), St. Lucie County Land Development Code. Should an appeal to this Order be filed, no permitting reviews or further administrative action shall take place on the processing of this development project until the appeal is resolved. J. This order shall be recorded in the Public Records of St. Lucie County. MNSP-2201915482 PDS Order 19-28 Page 4 of 8 Page 148 of 219 OR BOOK 4295 PAGE 1067 ORDER effective this erDay of July, 2019. PLANNING AND DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA BY � I ji td ��> L he Olson, A CP APPROVED AS TO FORM AND CORRECTNESS County Attorney MNSP-2201915482 PDS Order 19-28 Page 5 of 8 Page 149 of 219 OR BOOK 4295 PAGE 1068 Exhibit A - Site Location Subject IP rope rt v Y 41 4-y a - MNSP-2201915482 PDS Order 19-28 Page 6 of 8 Page 150 of 219 OR BOOK 4295 PAGE 1069 Exhibit B - Site Plan A— AA "R • �. �.. rl 1 1 � � i Foy d siF��-` x - � t _' L / ti i i CL% {� .,,jy(• ,�_ MLLER 193 N17RTH Lr { •�..s_-- i fi ( 3 N 5 SITE PLAN Y � {6Jti]i73'.lHQf"" �r�3L_ ��:,_-'�h�1'�i�L'fi'.7CLSF�fi1>DY1L'�i�IYD."LYY',%�FN r, n.IIII41k� t; MNSP-2201915482 PDS Order 19-28 Page 7 of 8 Page 151 of 219 OR BOOK 4295 PAGE 1070 Exhibit C — Certificate of Capacity 4t Lucie County Certificate of CAP861Y Date 71212019 Certificate No. 3042 This docurnent certifies that ecncurr9ncy will be met and that adequate public facility capae ty exists to Maintain the standards for level$ of service as adopted in the St Lucia County CQMPmh*nsiw Plan br: 1. TY00 of development Minor sft Plan Number of units 0 Number of square feet 21422 Z, Property legal description & Tog ID no. 2312-141-U4fl2.000.2 & 2312-142-0001.000-8 193 N. Jenkins Road, Fort Picme. FL Miller 193 North(AK A Freightliners) 3, Approval- Building ResolvWn No. 19432i1 Letter A. S%Ib}ect to the foltawing condRions tar con currency: Conditions CarL&ined within PPS Order 19-029 Owners name Joseph Q. Miller (TR) Address 55Q0 CWwpe Ave Fort Piet FL 34947 S. Certificate E)tplratton Data W212021 This CertiAcSW of CaapacitY is transferable only to subsequent owners of the rime parcel, and is subject to the tame terns, conditions and expiration date Ilstad Wain. The expiration date can be extended only under th* same terms and conditions as the underlying development orderissued with this certificste, or far subs"uent development a Ids) Issued for the same property, use and site as described herein, l A Steed lints: 71?12019 Ptans►ing and Dsveto"nt Services Director St Lucie County, Flotilla T U9UWY, JO1Y 2, 2919 MN5P-2201915482 PDS Order 19-28 Page 8 of 8 Page 152 of 219 U Z U w w O J Q J H O x W m J Q 2 U U Z U Lu W } m z z w U O 0 U) LEGEND PROPOSED CONCRETE PROPOSED ASPHALT EXISTING CONCRETE i EXISITNG ASPHALT OPARKING STALL COUNT i BRICK PAVERS PROPOSED FLOW ARROW y_O FIRE HYDRANT PROPOSED LIGHT POLE EXISTING PINE TREE EXISTING POWER POLE EXISTING EXOTIC TREE i Y Y EXISTING LIGHT POLE EXISTING OAK TREE EXISTING PALM TREE SITE PLAN NOTES: 1. ALL FEES ARE CALCULATED AT TIME OF PAYMENT. THIS INCLUDES SPECIFICALLY IMPACT FEES, UPLAND PRESERVE FEES, AND ANY ADMINISTRATIVE REVIEW FEES FOR COUNTY DEPARTMENTS. 2. LIGHTS SHALL BE SHIELDED TO DIRECT ANY GLARE AWAY FROM ADJACENT PROPERTIES OR STREETS 3. ALL MECHANICAL EQUIPMENT MUST BE SCREENED FROM VIEW. 4. HEAVY DUTY TYPE "D" CURB TO BE INSTALLED AT THE BACK OF ALL CURBS ONT THE SITE. 5. ALL HEAVY DUTY CURB TO BE FDOT TYPE "D" CURB 6. ALL EXISTING DRIVEWAYS NOT PROPOSED TO BE UTILIZED WILL BE REMOVED. SURVEY NOTES: ELEVATIONS SHOWN HEREON ARE RELATIVE TO THE NORTH AMERICAN VERTICAL DATUM OF 1988 (N.A.V.D.88) AND ARE GIVEN IN U.S. SURVEY FEET UNLESS OTHERWISE NOTED. NGVD29 = NAVD88 + 1.493' FLU: MXD --] ZONING: IL PROPOSED OPAQUE FENCED AREA C QI IIYV 12' X 28' PORT CONSOLIDATED BUILDING FFE: 21.50 EX. 6" SANITARY LATERAL @ 1.0%----- EX. CLEANOUT-` LEGAL DESCRIPTION COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE LAND USE NORTHEAST 1/4 OF SECTION 12, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA; THENCE TOTAL AREA 184,656 S.F. 4.24 AC 100.00% RUN NORTH 89°43'16" EAST, ALONG THE SOUTH LINE OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 12, A DISTANCE OF 184.00 FEET TO THE POINT OF BEGINNING; THENCE RUN BUILDING AREA 17,600 S.F. 0.40AC 9.43% NORTH 00°03'03" EAST, DEPARTING SAID SOUTH LINE, A DISTANCE OF 321.84 FEET TO THE SOUTH PAVEMENT AREA 93,100 S.F. 2.14AC 50.47% RIGHT-OF-WAY LINE OF LOOP ROAD; THENCE RUN SOUTH 85'11'16" EAST, ALONG SAID SOUTH RIGHT-OF-WAY TOTAL IMPERVIOUS 110,700 S.F. 2.54AC 59.90% LINE, A DISTANCE OF 409.66 FEET TO THE WEST RIGHT-OF-WAY LINE OF JENKINS ROAD; THENCE RUN SOUTH (EXCLUDES THE SECOND FLOOR) 00°06'25" WEST, DEPARTING SAID SOUTH RIGHT-OF-WAY LINE AND ALONG SAID WEST RIGHT-OF-WAY LINE, A LANDSCAPING/OPEN SPACE 73,956 S.F. 1.70AC 40.10% DISTANCE OF 285.49 FEET TO THE SAID SOUTH LINE OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 12; THENCE SOUTH 89°43'16" WEST, DEPARTING SAID WEST RIGHT-OF-WAY LINE DRAINAGE INFORMATION AND ALONG SAID SOUTH LINE, A DISTANCE OF 407.97 FEET TO THE POINT OF BEGINNING. ALL LYING AND BEING IN SECTION 12 TOWNSHIP 35 SOUTH, RANGE 39 EAST ST. LUCIE COUNTY, FLORIDA. PROPOSED SFWMD GRADING CRITERIA MIN. ROAD CROWN ELEVATION = 20.10' NAVD SITE DATA MIN. FINISH FLOOR ELEVATION = 21.50' NAVD FUTURE LAND USE: MXD CONTROL ELEVATION = 16.20' NAVD ZONING: IL PARKING CALCULATIONS TOTAL SITE AREA: 184,656 S.F., 4.239 AC. REQUIRED PARKING (843 AUTO PART SALES) PARCEL ID: 2312-141-0002-000-2 REQUIRED PARKING - 10,422 S.F. @ (2.25 SPACE / 1000 S.F.) = 24 SPACE(S) REQUIRED HANDICAP SPACES = 1 SPACE(S) PROJECT NAME: FREIGHTLINER SOUTH FLORIDA OWNER/DEVELOPER: JOSEPH G MILLER REQUIRED PARKING (110 GENERAL LIGHT INDUSTRIAL) 5500 ORANGE AVE REQUIRED PARKING - 12,000 S.F. @ (0.75 SPACE / 1000 S.F.) = 9 SPACE(S) FORT PIERCE, FLORIDA 34947 REQUIRED HANDICAP SPACES = 1 SPACE(S) TOTAL REQUIRED PARKING SPACES = 33 SPACE(S) BUILDING DATA TOTAL REQUIRED HANDICAP SPACES = 2 SPACE(S) GROSS SQUARE FOOTAGE 22,422 SF PROPOSED PARKING BUILDING HEIGHT: 24'(1 STORIES) PARKING SPACES (PLUS 10 SERVICE BAY DOORS) = 33 SPACE(S) MAXIMUM ALLOWED BUILDING HEIGHT: 50' HANDICAP SPACES = 2 SPACE(S) MAXIMUM ALLOWED BUILDING COVERAGE: 50% SETBACKS FRONT:25' SIDE: 10' REAR:20' PROPOSED 1,730 LF FENCE ( IN FEET ) 1 inch = 40 ft. EX. 12" WM_---- TEE 1 SITE WATER AND SEWER: WATER SERVICE AND SEWER SERVICE WILL BE PROVIDED TO SERVE THE PROPOSED BUILDING BY FORT PIERCE UTILITY AUTHORITY. THE PROJECT PROPOSES CONNECTION TO AN EXISTING 121, WATER MAIN. A PRIVATE LIFT STATION WILL BE CONSTRUCTED WITH CONNECTION TO AN EXISTING 12" FORCE MAIN. DRAINAGE: THE SURFACE WATER MANAGEMENT SYSTEM FOR THE PROJECT WILL COLLECT SITE RUNOFF IN A SERIES OF INLETS WHICH WILL ROUTE TO AN ONSITE DRY DETENTION AREA. FROM THERE DISCHARGE WILL BE CONTROLLED THROUGH AN ONSITE STRUCTURE AND DISCHARGE AT THE NORTHEAST CORNER TO THE N JENKINS ROAD RIGHT-OF-WAY SWALE. SOLID WASTE: BASED ON THE INTENDED USE OF THE BUILDING, THIS PROJECT WILL UTILIZE A PROPOSED DUMPSTER AREA FOR SOLID WASTE AND RECYCLABLE ITEMS. THE DUMPSTER UTILIZED SHALL MEET ST. LUCIE COUNTY CODE. HAZARDOUS WASTE: ALL HAZARDOUS WASTES DISPOSAL SHALL COMPLY WITH ALL FEDERAL, STATE AND LOCAL REGULATIONS. FIRE PROTECTION: EXISTING FIRE HYDRANTS ARE SHOWN ON THE PLAN VIEW WITHIN 1,000 FEET. A PRIVATE FIRE LINE AND SPRINKLER SYSTEM WILL BE CONSTRUCTED, WHERE REQUIRED BY CODE TO SERVE THE PROPOSED BUILDING FOR FIRE PROTECTION. LIGHTING NOTES: ALL LIGHTING, TO INCLUDE POLE HEIGHTS SHALL BE IN CONFORMANCE WITH THE REQUIREMENTS FOR LIGHTING. LANDSCAPE: LANDSCAPE TO BE PROVIDED BY OTHERS. ENVIRONMENTAL: AN ENVIRONMENTAL ASSESSMENT WILL BE SUBMITTED DURING THE CONSTRUCTION APPLICATION AND PRIOR TO CONSTRUCTION. SURVEY NOTES: ELEVATIONS SHOWN HEREON ARE RELATIVE TO THE NORTH AMERICAN VERTICAL DATUM OF 1988 (N.A.V.D.88) AND ARE GIVEN IN U.S. SURVEY FEET UNLESS OTHERWISE NOTED. ACCESSIBILITY AND ADA COMPLIANCE: ALL SIDEWALKS AND RAMPS WILL MEET FDOT AND ADA REQUIREMENTS. e41 Ilk7;hr��, y , SAINT LUCIE COUNTY, FLORIDA VICINITY MAP SCALE: 1"= 500' I � I P OPOSED I 12" PVC WM WITH T40 EXISTING AND VALVE MITERED IND PROPOSED FIRE HYDRANT IROPOSED )UTFALL uv- +9 s s7 371 co I I IPROPOSED ---'MITERED END SEC ION IINV: ± 16.50 i I I I j I I I I I I I I EXISTING IIMITERED E qD SECTION I I I 10+00 jjII (PROPOSED ITERED END SE TION INV: ± 15.78 i i X 2" .O.I i �LEX.I12 .V.1 1 i I I FORCE MAIN j I I I � FIRE HYDRANT II (DIMENSIONS FF OPROPOSED RANT) 4114' TO NEXT FI E HYDRANT AT PORT jj I I I CONSOLIDATED JENTRANCE 89T TO HYDRANF AT INTERSECTION OF JENKINS I I I AND ORANGE ATE NOTE: THE PROPERTY OWNER, CONTRACTOR, AND AUTHORIZED REPRESENTATIVES SHALL PROVIDE PICKUP, REMOVAL, AND DISPOSAL OF LITTER WITHIN THE PROJECT LIMITS AND SHALL BE RESPONSIBLE FOR MAINTENANCE OF THE AREA FROM THE EDGE OF PAVEMENT TO THE PROPERTY LINE WITHIN THE CITY'S RIGHT-OF-WAY IN ACCORDANCE WITH CITY CODE, SECTION 41.08 (g). TRAFFIC STATEMENT: PER CHAPTER 11.02.09(A)4 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE, THE PROPOSED PROJECT DOES NOT EXCEED THE APPLICABLE TRESHOLDS REQUIRING A TRANSPORTATION IMPACT REPORT. THE INSTITUTE OF TRANSPORTATION ENGINEERS (ITE), TRIP GENERATION, 10TH EDITION, LAND USE CODE (110) GENERAL LIGHT INDUSTRIAL AND (710) GENERAL OFFICE BUILDING WAS USED TO DETERMINE EXPECTED TRIP GENERATION RATES FOR THE PROPOSED PROJECT. THE TOTAL SQUARE FOOTAGE FOR THE BUILDING WAS USED TO OBTAIN THE FOLLOWING RESULTS: TOTAL BUILDING SQUARE FOOTAGE: 22,422 SF AVERAGE DAILY TRIPS: GENERAL LIGHT INDUSTRIAL (110) = (12,000/1,000) X 4.96 = 60 TRIPS GENERAL OFFICE BUILDING (710) = (10,422/1,000 X 9.74 = 102 TRIPS AM PEAK HOUR TRIPS: GENERAL LIGHT INDUSTRIAL (110) = (12,000/1,000) X 0.92 = 12 TRIPS GENERAL OFFICE BUILDING (710) = (10,422/1,000) X 1.47 = 15 TRIPS PM PEAK HOUR TRIPS: GENERAL LIGHT INDUSTRIAL (110) = (12,000/1,000) X 0.83 = 10 TRIPS GENERAL OFFICE BUILDING (710) = (10,422/1,000 X 1.42 = 15 TRIPS ENGINEERS 0 SURVEYORS ENVIRONMENTAL 10250 VILLAGE PARKWAY SUITE 201 PORT ST. LUCIE, FL 34987 772-462-2455 -t www.edc-inc.com F.B.P.E. CERTIFICATE OF AUTHORIZATION 9 L.B. CERTIFICATE OF AUTHORIZATION 8098 3 a m m r C w Z Z 0) �W Lu m o J Z < co Q -- w d O Q J Q a O J w} = J U) 0 2 U)d' 0 N (nco aCli co 0 co rn 0 N 7 0 O_ H Z W O U U 0 z Z O U W U U) w w (L w w 0 rn 0 W N 0 U) H Z W O U z O 0 N � N � O w o � z Z w O U U 0 Lu W w Of 0 O J LL T i N- IL O z z Q M J � a r/ 111 I.L F— W J J F- Z O Lu U J H N DAVID C. BAGGETT, P.E.(DATE) #81375 1 10250 SW VILLAGE PARKWAY - SUITE 201 PORT SAINT LUCIE, FL 34987 772-462-2455 A 18-393 1 OF 2 Page 153 of 219 U z U 0 w O F } J_ no Q F- Z) O F- w m J J Q U z F- z w U O _U F EXISTING R/W F CL N JENKINS ROAD 7F Pr)\A/ *NOTES: 1. SIDE SLOPES FOR CANAL NO. 30 SHALL NOT BE STEEPER THAN 4:1. 2. SOD ALL DISTURBED AREAS. CROSS SECTION A -A N.T.S. *NOTES: 1. SIDE SLOPES ON SWALES SHALL NOT BE STEEPER THAN 4:1. 2. SOD ALL DISTURBED AREAS. CROSS SECTION C-C N.T.S. 8" x 8" BOND BEAM 8" BAND W/ 2 #5 BARS CONT. 0 ire � STEEL STUCCO BOLLARD HINGES SHALL BE OUTSIDE OF 11' CLEAR AREA 12" x 18" CONCRETE FOOTING W/ 3 #5 °0 11' CLEAR ° 11' CLEAR BARS CONT. 8" CONCRETE BLOCK WALL U 6" CONCRETE SLAB „} W/ STUCCO (BOTH SIDES) W/ Z WITH 6X6 #10/10 W.W.M. oy� FILLED CELLS & 1 #5 BAR AT (fc' 3000 psi) LOCATIONS SHOWN o U) 0 4" DIA. x 42" HIGH STEEL BOLLARD W/ 18" EMBEDDED 0 0 0 o INTO CONCRETE 8" CONCRETE BLOCK WALLS W/ STUCCO Y' RECYCLE DUMPTSER SIGN 100% OPAQUE GATES (SOLID WOOD OR METAL SHEETING) 24' x 12' DUMPSTER DETAIL NOTE: OPENING MUST BE PERPENDICULAR TO LINE OF FLIGHT OF SERVICE VEHICLE. CONC. EXISTING R/W -�' 11 10 4 MAX EXISTING R/W CL LOOP ROAD 75 ROW EXISTING R/W EX. 6' PAVED SHOULDER EX. 6' PAVED SHOULDER I 5' EXISTING 12' EXISTING 12' 5' 19, 10, TRAVEL LANE TRAVEL LANE DRY SWALE )0/ /\AAX 90/ nAAV I 'NOTES: 1. SIDE SLOPES ON SWALES SHALL NOT BE STEEPER THAN 4:1. 2. SOD ALL DISTURBED AREAS. CROSS SECTION B-B EXISTING PROPERTY CL LINE ROAD w _ 15' PROPOSED 25' PROPOSED 18' PROPOSED 18' 31' LANDSC-APE TRUCK STAGING STALL TRAVEL LANE TRAVEL LANE BUILDING EXTERIOR 2%_ MAX 2% MAX 2% MAX 2% MAX WALL o is a I *NOTES: 1. SIDE SLOPES ON SWALES SHALL NOT BE STEEPER THAN 4:1. 2. SOD ALL DISTURBED AREAS. CROSS SECTION D-D N.T.S. LUMINAIRE(S) SEE FIXTURE SCHEDULE CONCRETE POLE O N NOTE: LIGHT POLES AND FIXTURES II SHALL BE DESIGNED TO WITHSTAND 140 MPH WIND LOADS. CD PROVIDE LIGHT SHIELDS TO REDUCE = ADJACENT PROPERTY SPILL LIGHT LEVELS TO MIN POSSIBLE. HANDHOLE SURFACE MOUNTED PVC JUNCTION BOX WITH BUSSMAN 40 IN -LINE WP FUSE HOLDERS I --- GRADE POLE DESPTH ENCASEMENT DEPTH A REQUIRED BELO #8AWGTO8'X5/8" COPPER CLAD GROUND ROD REINFORCED CONCRETE COMPACTED BACKFILL ENCASEMENT, COLLAR, OR AS REQUIRED BELOW (36" DIAMETER MINIMUM) POLE MOUNTING DETAIL N.T.S. NOTE: PROVIDE SHOP DRAWINGS SIGNED AND SEALED BY A FLORIDA REGISTERED PROFESSIONAL ENGINEER. SHOP DRAWINGS SHALL INCLUDE THE POLE,LUMINAIR, AND REINFORCED CONCRETE ENCASEMENT CALCULATIONS TO SHOW COMPLIANCE WITH FLORIDA BUILDING CODE, FOR WIND LOADING. SHOP DRAWINGS MAY BE FOR WORSE CASE SOIL CONDITIONS OR MAY BE BASED ON ACTUAL SITE SOIL BORINGS AND ANALYSIS FOR EACH POLE LOCATION AS VERIFIED BY THE FLORIDA REGISTERED BLUE\ HANDICAP SIGN PROFESSIONAL ENGINEER AND DOCUMENTED IN THE SHOP DRAWINGS ALL ASSOCIATED COSTS FOR THE TOTAL INSTALLATION PYKIN' 'ISA3 LE) DERIAIT S\ Y BLUE BLUE NOTES: -TF -- 1. TOP PORTION OF FTP 25 & 26 SHALL HAVE A REFLECTIVE BLUE BACKGROUND WITH WHITE REFLECTIVE SYMBOL AND BORDER. 2. BOTTOM PORTION SHALL HAVE A REFLECTIVE WHITE BACKGROUND WITH BLACK OPAQUE LEGEND AND BORDER 6" DIA SCH 40 PIPE (GALV. STEEL) FILLED W/ CONC. (LENGTH = 8'-8") 4'-6" PAVI N 2'-0" DIA. CONC. FTG. 4 4 . xT a3' 8" 4' a ° G G° 1' 1 2' 1. ALL STRUCTURA CONCRETE HALL HAVE A MINIMUM 28-DAY COMPRESSIVE STRENGTH OF 3000 PSI BOLLARD DETAIL 0 BUMPER/CURB cV 0 12'-0" BUMPER/CURB 10'-0" BLUE o Q BLUE 00 WHITE INCLUDING SHOP DRAWINGS, SOIL TESTING AND DESIGN FEES SHALL BE INCLUDED IN THE CONTRACT. 02 2' EXISTING ROADWAY 2' PROPOSED DRIVE WAY 3. FTP 25 & 26 MAY BE FABRICATED ON MATERIAL BENCHING DETAIL ONE PANEIS LQTED. HANDICAP STALL DETAIL 18 PARKING STALL DETAIL FOR ATTACHING TO EXISTING R WA' 4. FTP 25 IS FOR USE IN AREAS WHERE SPACE IS LIMITED. N.T.S. N.T.S. 8" T X-� R 0 M r., SEE PLANS ,Provide 1 /8" to 1 /4" contraction joints at 10' centers (max). I - A, '-,,"_Compact Subgrade to 98% of the Maximum Density as Determined by AASHTO T-99 NOTES: 1. USE 3,000 P.S.I. CONCRETE AT 28 DAYS FOR SIDEWALK CONSTRUCTION. 2. SIDEWALK THICKNESS TO BE INCREASED TO 6" THICK AT DRIVEWAY LOCATIONS. 3. ALL REPAIRS REQUIRED DURING CONSTRUCTION SHALL BE REMOVED AND REPLACED 10' MINIMUM TO NEXT FULL JOINT. 4. ALL SIDEWALK WITHIN FDOT RIGHT-OF-WAY TO BE CONSTRUCTED PER STANDARD PLANS 522-001. 4" THICK SIDEWALK DETAIL NOT TO SCALE width varies Provide 1/2" expansion joints between surfaces Provide 1 /8" to 1 /4" contraction joints at 10' centers (max). 1 c n o � N o Compact Subgrade to 98% CONCRET ) I Type "D" of the Maximum Density as ( Curb Determined by AASHTO T-99. 6" SUBGRADE NOTES: 1. USE 3,000 P.S.I. CONCRETE AT 28 DAYS FOR CONSTRUCTION. 2. SUBGRADE TO EXTEND AN ADDITIONAL 6" BEYOND TYPE "D" CURB. TYPE "D" CURB & SIDEWALK COMBINATION NOT TO SCALE Finish Grade Surface Course °J. 6" Subgrade SURFACE COURSE: 6" Concrete Pavement, 4000PSI Concrete 28 day strength SUBGRADE: The subbase material to a depth of 12" should have a minimum Limerock Bearing Ration (LBR) value (FDOT FM 5-515) of 40 and it should be compacted to at least 98% of its modified Proctor (ASTM D1557 or AASHTO-180) maximum dry density. The surficial fine sand (SP) on this site does not appear to have the required LBR value and may require mixing. The subgrade surface should be saturated immediately prior to concrete placement to provide adequate moisture for curing the concrete. NOTE: Surface course and subgrade construction within the right-of-way shall be according to FDOT Index NO. 000-515 and Sections 520 and 522 of the FDOT Standard Specifications. TYPICAL 6" CONCRETE SECTION REBARS (TO RUN THE SPAN TYPE "D" CENTER OF AISLE OF THE CURB) CURB VARIES PARKING STALLS TRAVEL AISLE a 4 a • < 2.0% MAX.CONCRETE HAUNCH a ° • d . • • Ia � •.a 12" MIN. STABILIZED SUB -BASE COURSE 98% MODIFIED PROCTOR TEST MAX. DRY DENSITY NOTES: STABILIZED TO AN LBR OF AT LEAST 40 1. TYPICAL PAVEMENT TO BE APPLIED TO ENTIRE PARKING LOT AND ENTRANCE DRIVEWAY. 2. USE 3,000 P.S.I. CONCRETE AT 28 DAYS FOR CONSTRUCTION. 3. SUBGRADE TO EXTEND BEYOND THE TYPE "D" CURB AS SHOWN ON DETAIL. 4. TYPE "D" CURB TO BE CONSTRUCTED IN ACCORDANCE WITH FDOT. 5. TYPE "D" CURB SHOWN OVERSIZED IN DETAIL FOR CLARITY. PARKING LOT SECTION W/ TYPE "D" CURB DOME PATTERN SHALL EDGE OF DETECTABLE BE IN -LINE WITH WARNING DIRECTION OF TRAVEL TRUNCATED DOME INTEGRAL DOME N� O (SEE DETAIL) b b 0.2 -� O O O O O O O TRUNCATED DOME PLAN VIEW ALL SIDEWALK CURB RAMPS SHALL HAVE DETECTABLE WARNING SURFACES THAT EXTEND THE FULL WIDTH OF THE RAMP AND IN THE DIRECTION OF TRAVEL 24 INCHES (610 MM) FROM THE BACK OF CURB NOTES: REFER TO FDOT INDEX 304 FOR FURTHER DETAILS CAST IN PLACE DETECTABLE WARNING Const. Curb Cut Ramp w/ Tactile Surface Per FDOT Index #304 WWWWWWW �--'4'44N No ME E MMMIN16m, 100 INN lscmwi ON �4d MEN Trd 6, hs/t�Oh NOTE: Type "D" Curb 1. SIDEWALK IS PARALLEL TO CURB. HANDICAP CURB CUT RAMP ENGINEERS O SURVEYORS ENVIRONMENTAL 10250 VILLAGE PARKWAY SUITE 201 PORT ST. LUCIE, FL 34987 772-462-2455 � www.edc-inc.com B.P.E. CERTIFICATE OF AUTHORIZATION 993 L.B. CERTIFICATE OF AUTHORIZATION 8098 7 a M U) J m } o w z m w I- m z Q O O J } H 0 O q� w N J Q U (� < W LC LL W J Q < co N W rn U c6 rn 0 N V 0 (n I- z w O U U zz D O U w U Z) J U) 0f w CL w N O 0 N 0 W z z w O U z o O N C/) N 5; O W o_ (n z z w O U U 0 Ir w LU w O O of Q 0 O LL J LL Q O Z '� 0 Z � J u.1 a J J LV ♦-� F- Z C V♦ O U W_ U J Cn L DAVID C. BAGGETT, P.E.(DATE) #81375 1/ 10250 SW VILLAGE PARKWAY - SUITE 201 PORT SAINT LUCIE, FL 34987 772-462-2455 Page 154 of 219 211 MIN. MINIMUM II PA TYPICAL ( ALL PALP WIPE (3) WOOP C (2'' X 4'' X 12'') 2 STEEL 5TF�AF5() A5 5UPPOP\f FOP\ V CLPAT5 5AUCFP\ FOP\ INITAL PLAN11NG V' nFPTH OF 5HPE MULCH 6'' FPOM T I / 3 HFIGNT OF TP\UNK, 211 X4" X2411 STAKE PAP PUI IF12 V' F3FLOW GAF IZ" MIN, PALM PLANTING PFMI, (WIN 5TAKIN6 ANn GUYING) PFINFOPCEI7 6LACK 6API7FN H05F 5AUCFP\ FOP IN111A. FLAN11N6 3" bEPTH OF 5HII MULCH 6 TOP I / 3 OF P\OOf BALL COMPACTEt7 PLANTING SOIL MIXTUP\F TO PP\EVENT 5Ef11.FMFNT 12" TIP. T?F� PLANTING b1�TA1L N5 BEST FACE OF 5HP\U13/ GPOUNncovFP fO FACE FPONT OF PLANTING 6FI2 II TO PAWING FOP\ PLANT SPACING MAINTAIN 12'' 17FAP ZONE AT P3 P FI26F APP PLANT% fA13LEf5 A5 FOLLOWS: 1 GAL. 5HPUC3 - I TABLET 3 GAL, 5HII - 2 TAt3LFT5 GAL, 5HFUP - 3 TAt3LET5 10 GAL, 5HI I3 - 4 TABLETS 5AUCFP\ FOP INITAL FLANTNG 3" IEPTH OF 5HII MULCH POOP t3A1 51ZF5 VAPY %9 COMPACTEt7 PLANTING SOIL MIXTUP\E 12'' MIN 1► ✓IEW NS,S, & 115 FP\ONI95 TOGFTHM WITH \1 I31.5 TWINS ( MIN. 6-8 FI I75) 5VAL PA.M5 MAY 13F HWMCANE CUT PALM5 TO P3 II IM-IEN I' C.T. Op LF55 ?5 OTHFI ISE NOTEP AYFP5 OF 13UI 'Fn AT POINT OF )11 AIL TO CMTTFN5, "' X 411 WOOL 5120` APAPT, 611 LOW 611 Z 501L #12 6UA6E ANNF&R? 2'' x 21' x 8' PT PINF TIDE STAKE 3 P\FQUIP\FR EQUALLY 5PACFP TOP Or FOOTBALL f0 6F I" HIGHEP THAN FINISH 6WF AGPIFOP\M TI IUZFP fA13LEf5 41' TOM 1 113ALL, 6-8" 3FLOW FINISH 611 2 PAkf5 TOPSOIL 2 PAFf5 PFAfM055 1 # MILOI ITF PFP\ INCH CA.113FP FX1511NG SOIL PLAN VIFW fOF OF P\OOT BALL TO III III HIGHFP\ THAN FINISH 611 aGg1Gn19AA GGpYII 17G19 fARI Gfc all VIQnAA Qnn1'R AI I 5HI?UP/ GpOUNPCOVI�I? PLANTING 121�TAIL NT5 FINISH GPA17F PLAN11N6501L MIXTUP; 2 PAP.f5 TOPSOIL I FAF.T MATMO55 I PAII COW MANUPE SITE DATA FUTURE LAND USE: MXD ZONING: IL TOTAL SITE AREA: 184,656 S.F., 4.239 AC. PARCEL ID: 2312-141-0002-000-2 PROJECT NAME: FREIGHTLINER SOUTH FLORIDA LAND USE TOTAL AREA 184,656 S.F. 4.24 AC 100.00% BUILDING AREA 16,800 S.F. 0.39AC 9.20% PAVEMENT AREA 93,100 S.F. 2.13AC 50.23% TOTAL IMPERVIOUS 1097900 S.F. 2.52AC 59.43% MAXIMUM IMPERVIOUS: 90% PAPIMF� r1\ n�scr?IPr1oN P\�Qull?W Pf?OvVFP �A5r; 185 LIP. C IVl �Y 40) ALL Fr\0v P SOUTH; 441 L.F. (11) 11 V\F�5 ALL PrOVI P M5r; 250 L.F. ( 11) 6 T'�F5 ALL Fr\0v P NOP\TH; �98 L F, ( I') 10 Tp\�F5 ALL rr\0v FP LANbSCAF� N01�5 GJ.I. ILANnSCAPI� MAVIAL f0 6E FI.A # I Of'.13ffV, FI,OpITAM SOD AS P\�QUIP\�b MW.AI.EUCA 0P, EUCALYI'1U5 MULCH (NO Cl'PP,1�55) AS I?EQUII?Eb TO 3" fNICKN�55 MINIMUM IN AI.I. PLANT 13E125 FULLY ALITOMA1IC RpIGA110N SYSTEM TO ppOV117E 1007o COVEPA6E IN 15 MPH WIND W.I. WONII3107 51'�QE5 SIiGJ,L 6E P\FMOVF17 TOM SITE p00p 10 ISSUANCE OF CEI?111FICATE OF OCCUPANCY (INCI.UI7IN6 ALI. 'FI.EppC USTEYJ SpFQES) mis aNnscAP� pIAN MFFrs Fnar siGHr nisrFwa Avn a�AP\ zoN� p�QuiP\FM%rs ALL GP\OUNb MOUN1�b MECHANICAL FQUIpMENT TO 13F SCI?EFNFb WITH SNP\U65 17ANOON N01,I.Y (IC) ALI.OMb 13Y Fpl, F0P\ USE UNbEP\ pOWFp I.W�S Y.'P\IsM_9`J OS5 FULLY AUTOMATIC II\06ATION 5Y5TPM TO PI?OVIP� 100% COVPP\A6P IN 15 MPH WIND IN5TALL f30[3 LFf?5 ON ALL Tf?P�5 - LOW WA1Ef? U5AGP IN5TALL bf?IPLIN� ON ALL H�bGF MAT P\AL - LOW WA1Ef? U5A6P IN594,L LOW TP�A1CTOf?Y 5PI?AY HFAI25 ON 5012 APTA5 - MOM\M WAff U5A6L 50b AP\�A5 TO �f ZON�n 5PPAP�MT Y FP\OM TP\�� & SNpUl Af?PA5 IN5TALL f?AIN 5FN50f? OV�P\-0PF P�VIC� AT IP\06ATION TIME COCK WAV\ 50TCP TP ZFP15C PF PEQUIP\fMT5 �r5 Plan Submitted with low, medium, and high water usage indicated on the landscape plan 5 51 % or more of the gra55 areas are made up of drought tolerant species from the I A 10 51 % or more of the required shrubs are made up of drought tolerant species from the list 10 51 % or more of the required trees are made up of drought tolerant species from the list 10 Utilization of compacted mulch beds at least, three inches deep in all planted areas except groundcover 10 Utilization of mulch other than cgpre55 5 TOTAL POINT5 50 r: KEY QUAM, NmvI X00Hr foLwma PLANT & MAT�PML 5GHFPUL� �OfAM C/, NAW COMMON NAW 5 Z� C Hf, x TF / CONTA MAP Cl� 78 Y Vl�I?Y CONOCAPPU5 �P\�GTU5 Gp l�N �UTTONWOOP # 10 CI 85 Y MOP, CHPY5ALIPOCAI?PU5 ICACO COCOPLUM 2411 x 1811 #3 P5 128 Y MOV 1`01\91�5T�P\IA 51�6P,�6ATA PLOVIPA PFIVI�T 24" x 18" #3 �F 208 Y Vl�I?Y 1�1]61�NIA POI�TIPA 5PAN15H 5TOPPI�1? 2-4" x 18" #3 IC 4 Y MOn, II,�X CA551N� PMOON HOLLY 12-14' x 5' , 2-1 / 211 b[�H P & C3 LI Y MOP, LA61�p5TPO�MIA INPICA cwlP MYI?TLF C nFI�P PINK & WHITS) 6-8" OA C3 & C3 MP 151 Y MOn, MYPCIANTHU5 F�AN5 51MP50N 5TOPnp 4' x 5' # 10 MAG 13 Y Vl�I?Y MAGNOLIA 6MPIFI,OI?A 5OUTKP\N MAGNOLIA 12-14' x 5' , 2-1 / 211 P�H P & PM 35 N MOB, POPOCAI?PU5 MACFOPHYLLA JAPANI�51� YAW 2-4" x 18" #3 QL 6 Y Vl�I?Y QXPCU5 LAUI?IPOLIA LAUP�L OAK 1244' x 5' , 2-1 / 211 P�H P & QV 7 Y Vl�I?Y QXPCU5 VIpHINIANA LIVE OAK 14' HT, & 5M 11 Y Vl�I?Y 5fttNIA MAHAGONI MAHOGANY 12-14' x 5' , 2-1 / 211 P�H P & 5P 9 Y Vl�I?Y 5A3AL PALMETTO 5A3AL PALM C VAN5PLANT�P OIP, PLANT 19 I / 3 - 15, 17, 19' CT, P & LEGEND 1 I EXISTING PINE TREE TO REMAIN X i EXISTING EXOTIC TREE EXISTING EXOTIC TREE (REMOVE IF ON EXOTIC LIST) I + (EXISTING OAK TREE TO REMAIN EXISTING OAK TREE TO REMOVED r ' t I EXISTING PALM TREE TO REMAIN EXISTING PALM TREE TO BE TRANSPLANTED OR REMOVED L I.VU IL NOT PLATTED CALL 48 HOURS BEFORE YOU DIG IT'S THE LAW! 1-800-432-4770 SUNSHINE STATE ONE CALL OF FLORIDA, INC. �LFCVONIC 5M, AFFIX�P LN AUTNOp 4.2.2019 [$12.18.2019 .28 2019 30.2019 ,2,2019 � 1 -101 MEN z z z_ 1� Q) z � z O � z v � O � 5i z PM: 2.1-4.2019 b?AWN; WAF CNFCK P: 5CALF; 1' - 40' pP\OTCT NO. 19 - 018 FFT L-1OF I NAT 20 OFF 225 Page 155 of 219 7COUNTY F L R i D A TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners Patrick Dayan, Water Quality Manager Public Works Burger King/Hardee Road - Final Acceptance 8.F.1. 2019-46716 CONSENT AGENDA -PUBLIC WORKS DATE: 9/10/2019 *ACTION ITEM - BOARD ACCEPTANCE On April 16, 2018, the Planning and Development Services Director approved PDS Order 18-020 granting Minor Site Plan approval for Burger King located at 6598 South U.S. Highway 1. A condition of site plan approval required Seven Real Estate Holdings, LLC to convey to St. Lucie County additional right-of-way for the expansion of the northeast corner of Kitterman Road and U.S. Highway 1 (a corner clip), additional right- of-way for the expansion of Kitterman Road along the South property line; and 5' of additional right-of-way for Hardee Avenue. In addition, the Minor Site Plan required the developer to construct improvements for Hardee Road, a previously unopened right-of-way, and convey the improvements to the County upon satisfactory completion of the required improvements. The improvements have been completed and the required certifications have been provided by the developer's engineer. Staff has inspected the offsite improvements and recommends acceptance of the improvements. PREVIOUS ACTION: April 16, 2018 - Planning and Development Services Director approved PDS Order 18-020 granting Minor Site Plan approval for Burger King located at 6598 South U.S. Highway 1. June 5, 2018 - Board accept the Right of Way Deeds from Seven Real Estate Holdings, LLC, authorize the Chair to sign the resolution and direct staff to record the partial release of mortgage and deeds in the public records of St. Lucie County, Florida. FINANCIAL IMPACT: Funds will be held in deposit account #650-0000-220104-000 (Agency Funds -Deposits Seven Real Est Burger King) Page 156 of 219 RECOMMENDATION: Staff recommends Board approval of the final acceptance of the offsite road improvements, release of bond in the amount of $110,761.00 with retainage of $12,000.00 in accordance with the Road Improvement Agreement and authorization for the Chair to sign document as approved by the County Attorney. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Patrick Dayan, Water Quality Manager Don West, Public Works Director Daniel McIntyre, County Attorney Coordination/Signatures 8/16/2019 8/19/2019 i 8/19/2019 Mark Satterlee, Deputy County Administrator 8/20/2019 Page 157 of 219 C►S -08 - s f 1 ROAD IMPROVEMENT AGREEMENT THIS ROAD IMPROVEMENT AGREEMENT, is entered into this j4-�day of 'nL' = 2018, by and between SEVEN REAL ESTATE HOLDINGS, LLC (The "Developer"), and ST. LUCI CE OUNTY, a political subdivision of the State of Florida, (the "County"). WITNESETH: WHEREAS, the Developer is commencing proceedings to develop land in St. Lucie County; and WHEREAS, the Developer proposes to construct certain road improvements to the satisfaction of the County; and NOW THEREFORE, in consideration of the mutual promises contained herein, the Developer and County agree as follows: 1. COMPLETION OF REQUIRED ROAD IMPROVEMENTS/OWNERSHIP, The Developer agrees to satisfactorily complete the required improvements (the "Improvements") for the above referenced development within twelve (12) months from and after the signing of this Agreement according to the construction plans approved by the County Engineer. The Improvements are more particularly set forth on those certain plans drawn by the Developer's engineers, Civil Consulting Engineers, Inc. Upon completion, the ownership of the Improvements shall be conveyed to the County by Bill of Sale free and clear of all liens and encumbrances. 2. SECURITY. The Developer agrees to provide the County with security in a form acceptable to the County Attorney in the amount of $110,761.00 representing 115% of the estimated cost of the Improvements as submitted bythe Developer's engineer and approved by the County Engineer. This amount includes the fifteen percent (15%) to be retained for a period of one (1) year and thirty (30) days from the date the improvements are conditionally accepted by the St. Lucie County Board of County Commissioners to provide for maintenance of the improvements and to indemnify and save the County harmless from any and all costs necessary to repair or replace any part or portion of the Improvements occasioned by faulty engineering, workmanship, or materials. 3. REDUCTION OF AMOUNT OF SECURITY. The amount of the security may be reduced once during the term of this Agreement upon the completion of a portion of the Improvements by the Developer and upon inspection and acceptance by the County. In no event, however, shall the amount of the security be less than one hundred percent (100%) of the cost of completing the remaining Improvements plus fifteen percent (15%) of the total cost for construction of all the Improvements. 4. SUPERVISION OF CONSTRUCTION. The Improvements shall be constructed under the supervision of the Developer's engineer in full compliance with the specifications and requirements of St. Lucie County, and when complete, Developer's engineer shall furnish the County Engineer with a certificate of satisfactory completion for approval. 5. FAILURE TO COMPLETE IMPROVEMENTS. It is further understood and agreed by and between the parties to this Agreement that, in the event Improvements are not constructed within twelve (12) months from the date of the signing of this Agreement, the County shall have and is hereby granted the right to cause the Improvements to be made and to use the security provided herewith for payment of all costs and expenses incurred in the construction thereof, including but not limited to, engineering, surveying, construction, legal and contingent costs. Furthermore, it is agreed by the parties hereto that County shall 1 Page 158 of 219 be reimbursed from the security provided for any damages, either direct or consequential, which the County may sustain as a result of the failure of Developer to carry out and execute all of the provisions of this Agreement. In the event of Developer's failure or refusal to construct and install the Improvements in accordance with the terms of this Agreement, the County shall have the option to do so, with County employees and equipment, or pursuant to public advertisement and receipt of bids. In addition, the Developer shall forfeit the 15% maintenance amount and the County shall be entitled to keep that portion of the security. In the event that the total costs incurred in construction and full completion of the improvements shall exceed the amount of security provided, such additional costs shall be paid by Developer on written demand by the County Engineer. 6. RELEASE OF SECURITY. Upon completion of construction of all Improvements, the Developer's engineer shall certify that the improvements have been constructed in accordance with the approved plans. When the improvements have been certified by the Developer's engineer, the County Engineer shall inspect the improvements and review the construction and supporting test/control data furnished by the Developer's engineer. If all Improvements are completed to the satisfaction of the County Engineer, the County Engineer shall confirm this in writing to the St. Lucie County Board of County Commissioners. The Developer's security, minus the fifteen percent (15%) to be held as security for maintenance, shall then be released. The fifteen percent (15%) security (on any remaining balance) shall be released to developer at the end of the maintenance period referenced in paragraph 2 above. 7. INTERPRETATION: VENUE This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the parties hereto have executed these presents on the dates indicated below. The date of this Agreement shall be the date on which this Agreement is approved by the Board of County Commissioners. WITNESSES: 1 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: k -)/ COW4WADWINIRATOR �X �� APPF BY: r Page 159 of 219 1 S3NMO JNIJVNVW :Dlvl N031 031:aumN Palulld 'A9 1S A3S :S3SS3N11M Page 160 of 219 Civil Consulting Engineers, Inc. 122 Cedar Woods Trail Canton, GA 30114 321.698-3970 Date May 22, 2018 Project Name Port St Lucie Burger King @ Kitterman Rd. St. Lucie County Prj. # MSNP 920175193 CCE Project # 27080-01-001 Port St. Lucie, FL Burger King - Kitterman Rd. Opinion of Probable Construction Costs - Construction in County Right of Way Data pulled from Treasure Coast 12 month moving average - Area 11 Demolition of Natural Features Selective clearing and grubbing 1 0110-1-1 0.07 AC $6,884.72 $471 Regular Excavation 1 0120-1 180 CY $7.67 $1,381 Subtotal 1= Site ITYpe B Stabilization 1 0160-4 1 120 1 SY 1 $2.08 1 $250 1 Subtotal $6.441 Drainage Structures Mitred End Section 1 430982125 1 2 1 EACH $1,460.00 $2,920 Storm Manhole 0425-2-41 1 EACH $4,000.00 $4,000 Inlet Protection System 1 0104-18 1 2 1 EACH $122.02 $244 Type C Inlet Structure 1 0425-74-1 1 2 1 EACH $2,500.00 $5,000 Subtotal $12.164 LANDSCAPING FDOT Pay Item # Quantity Unit Unit Cost Total Landscaping Sodding 1 0570-1-1 1 936 1 SY 1 $3.09 1$2,892 Subtotal PAVING & STRIPING FDOT Pay Item # Quantity Unit Unit Cost Total Paving Friction Course FC12.5 0337-7-83 65 TN $143.75 $9,344 Base Course 285701 593 SY $50.60 $30,006 Concrete sidewalks 4" 0522-1 101 SY $39.51 $3,991 Ribbon Curb 0 23 SY $23.89 $549 Type F Curb 8 Gutter 0520-1-10 328 L.F. $23.89 $7,836 Stamped Concrete 0 62 SY $47.50 $2,945 Page 161 of 219 StriDina and Sianaae Painted Pavement 6" 0711-11224 206 L.F. $1.00 $206 12 inch white thermoplastic 0711-11123 212 L.F. $1.49 $316 24 inch white thermoplastic 0711-11125 31 L.F. $3.30 $102 Directional arrows 2 EACH $150.00 $300 "Right onl"Sign(s) 1 EACH $150.00 $150 "Stop" Sign(s) 2 EACH $150.00 $300 Sub -total $1.374 Demolition of Natural Features $1.852 Site Demolition/ Preoaralion km Storm Sewer 9ate, Drainage Structures $12.164 Landscaping 1= Paving & Striping .670 Strioino and Sionaae $1.374 TOTAL PROJECT SUBTOTAL r $83,279 Malntensce of Traffic S8.328 Mobilization 1 TOTAL CONSTRUCTION COST ESTIMATE $110,761 i11111/, Timothy W. tackhouse, RE WSTAC % :..... cn=TlmohySW.Sackhouse,P.E., o=TimothyW.Stackhouse,P.E.-This `��,�.jy••t�Er,Se.�?�p�'� � • • '•,'S� Item has been ` �; i electronically signed and by TIMOTHY STACKHOUSE :• No. W00 * ` _ sealed using a Digital Signature. Printed copies of this - document are not considered signed and "'0 '•, LLJ ; sealed and the signature must be verified ;:• gTATE OF \' %�T�.S•..FlotitOP•'�V'`� on any electronic copies., ou, email=tstackhouse@civilconsultingengin `S/0NN-� ` eersinc.com,c=US ''/r„i i i IIts" 2018.05.22 18:04:51 -04'00' Tim Stackhouse, P.E. License #81400 Page 162 of 219 COUNTY F L 0 R i D A TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners Chris Lestrange, Road & Bridge Manager Road & Bridge Division 8.F.2. 2019-46114 Consent Agenda -PUBLIC WORKS DATE: 9/10/2019 *ACTION ITEM - BID AWARD Award Bid No. 19-060 - Median and Right -of -Way Maintenance The purpose of this bid is to establish a contract with a qualified contractor to provide 28 cycles of annual median and road right-of-way maintenance in two zones (North and South) throughout the County. The North Zone includes 7.93 miles and the South Zone includes 14.48 miles of roadway listed in the attached description of work. On July 31, 2019, submittals for Bid No. 19-060 for median and right-of-way maintenance were opened. Of the 158 companies notified, 14 documents were distributed and 6 submittals attached were received. Mainguy Landscape Services was the lowest responsive bidder for the North Zone and STS Maintain Services, Inc. was the lowest responsive bidder for the South Zone. We are requesting to award each a contract for those respective zones. The initial term of each contract will be for a period of three (3) years. Providing the bidders agree to the same terms and conditions, the contracts could be extended for an additional two (2) years. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Sufficient funding is available in 101-4110-534000-400 (Other Contractual Services) RECOMMENDATION: Staff recommends Board approval for the award of Bid No. 19-060, Median and Right -of -Way Maintenance, to the lowest responsive bidders, Mainguy Landscape Services for the North Zone and STS Maintain Services for the South Zone, and authorization for the Chair to sign the contracts as approved by the County Attorney. Page 163 of 219 COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Don West, Public Works Director 8/16/2019 i\� )4�0� Jennifer Hill, Office of Management & Budget Director 8/19/2019 4--w Daniel McIntyre, County Attorney Mark Satterlee, Deputy County Administrator 8/19/2019 wz-, 8/20/2019 Page 164 of 219 Median and Right of Way Maintenance 1. Scope of Work The County is requesting by means of sealed bids for a business to provide mowing, edging, trash pickup, fertilization, herbicide and insecticide applications as listed in the attached bid reply sheet. Work is to be performed in the County right of ways and Florida Dept. of Transportation medians of the following respective roads listed below: The time period of this work will be a three (3) year contract beginning October 1, 2019, or date contract is signed, whichever is later, to September 30, 2022 with two optional one year extensions. Award of bid will be based on the TOTAL for 3 years. Cost per fiscal year is for budgeting purposes only. 2. General Description of Work It is agreed that the work to be done under this Contract is: Provide mowing and maintenance services, power blade edging, trash pickup, fertilization of turf, fertilization of trees and plants, shrubbery trimming, tree trimming and dead limb removal, insecticide treatment, and herbicide apDlications as listed on the attached Bid Forms. Work to be performed in the: North Zone Street Name Limits Roadway Len th Miles MIDWAY RD LTC Pkwy to S 25th St (Median & ROW) 3.17 MIDWAY RD Detention ponds on SW corner of Midway Rd and S 25th St n/a ORANGE AVE Angle Rd to Loop Rd (Median only) 1.76 SELVITZ RD Midway Rd North 0.35 miles (Median only) 0.35 S 25TH ST Edwards Rd to Midway Rd (Median & ROW) 2.65 Total miles 7.93 South Zone Street Name Limits Roadway Length Miles AQUA RA DR Ocean Dr to West end 0.71 BANYAN DR Entrada Ave to Prima Vista Blvd (Median & ROW) 1.39 BANYAN DITCH Backlot Ditch between Banyan Dr and Princess Dr, & sidelot between 240 and 250 Banyan Dr. 0.15 EATON DR Entrada Ave to Banyan Dr ROW only) 0.12 ENTRADA AVE Banyan Dr to Rio Mar Dr (Median only) 0.75 LENNARD RD Veterans Way to High School Entrance including the grassed area west of Veterans Way beyond the fence. 0.20 PRINCESS DR Entrada Ave to Banyan Dr ROW only) 0.15 RESERVE BLVD Commerce Center Dr to FDOT Right -of -Way 0.24 RIO MAR DR U. S. Hwy 1 to Beach Ave 0.16 ST JAMES DR Midway Rd to Airoso Blvd Median & ROW 3.90 ST JAMES DR Detention pond on South East Corner of St James Dr and Airoso Blvd n/a Bid# 19-060 Median and Right -of -Way Maintenance Page 165 of 219 Street Name Limits Roadway Len th Miles U.S. HWY 1 Midway Rd to 2 medians South of Savannah Club Blvd (Median only) 4.83 WALTON RD Village Green Dr to Green River Pkwy Median & ROW 1.89 Total miles 14.48 A) TYPES OF SERVICES - Selected Bidder will be required to provide the following services during the term of the contract. Where services are specified as "periodic services," Bidders shall complete the information requested on the Bid Reply Sheet. i) Mowing of all grass areas to be uniformly cut at a height of 2 '/z"to 4". Changes in height directed by the Road & Bridge Manager or his designee will be done at no additional charge. Mowing over any trash or debris is not acceptable. (1) Equipment shall have cutting blades maintained in optimal condition to ensure grass is evenly cut without a "tearing" effect that would negatively affect growth, health and appearance of grass. ii) Estimated Number of Annual Mowing Cycles -The estimated number of mowing cycles to be performed by the Selected Bidder is specified on the Bid Reply Sheet. iii) String Trimming performed Around or up to all - Posts, poles, planting beds, trees, sprinkler heads and irrigation equipment, ponds, curbs, walks and other similar areas as are present on the grounds. Trimming shall be done in a manner that will provide a uniform manicured appearance. Caution shall be of utmost importance where people are present. iv) Power Blade Edging shall be performed along walk areas or any similar areas as are present where string trimming will not provide the optimal appearance and/or effect. v) Cleanup Driveways, walks, and any other similar areas present on the grounds shall be cleaned of cuttings and debris by use of power and/or hand equipment. Such cuttings as may require cleanup shall be removed from the site by the contractor on the date of service or within the next day's hours of 7:00 a.m. to 10:00 a.m. at the latest. No cuttings dispensed from mower shall be blown into plant beds. Note: trash, cigarette butts, or debris shall be removed prior to commencing work. vi) Weeding of beds, Walkway cracks, Concrete Medians and all Pertinent Areas of the grounds shall be completed with each mowing cycle. Hand pulling of weeds within the plants in the medians will be necessary. The Road & Bridge Manager or his designee has authorized the use of herbicides to assist in weed/grass control. A licensed contractor or sub -contractor may apply herbicide applications on the sidewalks, beds and trees. Be advised that herbicides will not be an acceptable substitute for the hand pulling of weeds. vii) Diseased or Damaged Plant Material or Damaged Sprinklers - Any sick, diseased or damaged plant or tree material shall be punctually reported to the Road & Bridge Manager or his designee. The County will be responsible for plant replacements except those damaged Bid# 19-060 Median and Right -of -Way Maintenance 12 Page 166 of 219 BOARD OF COUNTY COMMISSIONERS it PURCHASING DEPARTMENT Bid No. 19-060 Median and Right -of -Way Maintenance North Zone July 31,2019@3:OOPM Mainguy Landscape Services Davie, FL Types of Service to be provided for area in accordance with Section A & B of Bid Specs Cost p Application Year 1 No. Of Times Year 1 Annual Cost Year 1 Cost per Application Year 2 No. Of Times Year 2 Annual Cost Year 2 Cost per p Application Year 3 No. Of Times Year 3 Annual Cost Year 3 Annual Cost Option Year Year 4 Annual Cost Option Year Year 5 Mowing and Maintenance Services (includes hand pulling of weeds) $1,485.00 28 $41,580.00 $1,458.00 28 $41,580.00 $1,485.00 28 $41,580.00 $43,680,00 $43,680.00 Power Blade Edging $80.00 28 $2,240.00 $80.00 28 $2,240.00 $80.00 28 $2,240.00 $2,380.00 $2,380.00 Fertilization of Turf $1,700.00 3 $5,100.00 $1,700.00 3 $5,100.00 $1,700.00 3 $5,100.00 $5,350.00 $5,350.00 Fertilization of Trees & Plants $1,400.00 3 $4,200.00 $1,400,00 3 $4,200.00 $1,400.00 3 $4,200.00 $4,410.00 $4,410.00 Shrubbery Trimming $1,400.00 4 $5,600.00 $1,400.00 4 $5,600.00 $1,400.00 4 $5,600.00 $5,880.00 $5,880.00 Subtotal A $58,720.00 $58,720.00 $58,720.00 $61,700.00 $61,700.00 Tree Trimming & Dead Limb Removal $1,500.00 4 $6,000.00 $1,500.00 4 $6,000.00 $1,500.00 4 $6,000.00 $6,300.00 $6,300.00 Insecticide Treatment $500.00 6 $3,000.00 $500.00 6 $3,000.00 $500.00 6 $3,000.00 $3,150,00 $3,150.00 Herbicide Application to cracks in Sidewalks (Concrete Medians Only) $190.00 6 $1,140.00 $190.00 6 $1,140.00 $190.00 B $1,140.00 $1,200.00 $1,200.00 Herbicide Application to planting beds, cubs, Etc. 12 $1,140.00 $95.00 1 12 1 $1,140.00 1 $95.00 12 $1,140.00 $1,200.00 $1,200.00 Subtotal B $11,280.00 $11,280.00 $11,280,00 $11,850.00 $11,850.00 j TOTAL OF A & B $70,000.00 $70,000.00 $70,000.00 $73,550.00 $73,550.00 TOTAL OF THREE (3) YEAR ANNUAL COST: $210,000.00 OPTIONAL PERIODIC SERVICES - The following items may be requested as needed: Cost for Extra Litter Pick up (price per year) $ 25.00/per hr. $ 25.00/pre hr. $25.00/ per hr. $ 26.25/per hr. 4 26.25/per hr. Supply & Install Red Dyed Recycled Mulch — PER CUBIC YARD $50.00 $50.00 $50.00 $52.50 $52.50 NOTE: When bidding, the number of times is an "up to„ maximum number and Road tie Bridge will determine the total number u1 L1111Cb wr COW 1 LyNc vaCI Page 167 of 219 South Zone ---I .l_ wn nnn RN -I:_.� �....,..i ram:...L.4 ..F 1A1.,,. nn.,:�4�,..ter,�+n Main-- I nnricr.nnP Services t5lu IVO. Ity-VUU 1vieulan anu RI 11L-VI-Yva Types of Service to be provided for area in accordance with Section A & B of Bid Specs Cost per Application Year 1 No. of Times Year 1 0-i --•• Annual Cost Year 1 - - - - -— Cost per Application Year 2 No, ofTtimes Year 2 Annual Cost Year 2 Cost per Application Year 3 No. of Times Year 3 Annual Cost Year 3 Annual Cost Option Year Year 4 Annual Cost Option Year Year 5 Mowing and Maintenance Services (includes hand pulling of weeds) $4,410.00 28 $123,480.00 $4,410.00 28 $123,480.00 $4,410.00 28 $123,480.00 $129,654.00 $129,654,00 Power Blade Edging $245.00 28 $6,860.00 $245.00 28 $6,860.00 $245.00 28 $6,860.00 $7,200.00 $7,200.00 Fertilization of Turf $4,500.00 3 $13,500.00 $4,500.00 3 $13,500.00 $4,500.00 3 $13,500.00 $14,175.00 $14,175.00 Fertilization of Trees & Plants $3,600.00 3 $10,800.00 $3,600.00 3 $10,800.00 $3,600.00 3 $10,800.00 $11,340.00 $11,340.00 Shrubbery Trimming $4,600.00 4 $18,000.00 $4,500.00 4 $18,000.00 $4,500.00 4 $18,000.00 $18,900.00 $18,900.00 Subtotal A $172,640.00 $172,640.00 $172,640.00 $181,269.00 $181,269.00 Tree Trimming & Dead Limb Removal $15,000.00 4 $60,000.00 $15,000.00 4 $60,000.00 $15,000.00 4 $60,000.00 $63,000.00 $63,000.00 Insecticide Treatment $1,950.00 6 $11,700.00 $1,950.00 6 $11,700.00 $1,950.00 6 $11,700.00 $12,285.00 $12,285.00 Herbicide Application to cracks in Sidewalks (Concrete Medians Only) $240.00 6 $1,440.00 $240.00 6 $1,440.00 $240,00 6 $1,440.00 $1,512.00 $1,512.00 Herbicide Application to planting beds, curbs, etc. $120.00 12 $1,440.00 $120.00 12 $1,440.00 $120.00 12 $1,440.00 $1,512.00 $1,512.00 Subtotal B $74,580.00 $74,580.00 $74,580.00 $78,309.00 $78,309.00 TOTAL OF A & B $247,220.00 $247,220.00 $247,580.00 $259,578.00 $259,578.00 TOTAL OF THREE (3) YEAR ANNUAL COST: $741,660.00 OPTIONAL PERIODIC SERVICES - The following items may be requested as needed: Cost for Extra Litter Pick up (price per year) $25.00/per hr. $25.00/per hr. $25.00/per hr. $26.25/per hr. $26.25/per hr. Supply & installRed Dyed Recycled Mulch- PER CUBIC YEAR $50.00 $50.00 $50.00 h f $52.50 $52.50 NOTE: When bidding, the number of times is an "up to„ maximum number and Road & Bridge will determine the total number of times for eac type o service. NUMBER OF COMPANIES NOTIFIED: 158 NUMBER OF BID DOCUMENTS DISTRIBUTED: 14 NUMBER OF RECEIVED BIDS: 6 Page 168 of 219 BOARD OF COUNTY COMMISSIONERS Bid No. 19-060 Median and Right -of -Way Maintenance North Zone July 31,2019@3:OOPM STS Maintain Services Inc. Palm City, Ft PURCHASING DEPARTMENT Types of Service to be provided for area in accordance with Section A & B of Bid Specs Cost per Application Year 1 No. Of Times Year 1 Annual Cost Year 1 1 t Cosper Application Year 2 No. Of Times Year 2 Annual Cost Year 2 per er Application Year 3 No. Of Times Year 3 Annual Cost Year 3 Annual Cost Option Year Year 4 Annual Cost Option Year Year 5 Mowing and Maintenance Services (includes hand pulling of weeds) $2,100.00 28 $58,800,00 $21,000.00 28 $58,800.00 $21,000.00 28 $58,800.00 $58,800.00 $58,800.00 Power Blade Edging $600.00 28 $16,800.00 $600,00 28 $16,800.00 $600.00 28 $16,800.00 $16,800.00 $16,800.00 Fertilization of Turf $700,00 3 $2,100,00 $700.00 3 $2,100.00 $700.00 3 $2,100.00 $2,100.00 $2,100.00 Fertilization of Trees & Plants $400.00 3 $1,200.00 $400.00 3 $1,200.00 $400.00 3 $1,200.00 $1,200.00 $1,200.00 Shrubbery Trimming $550.00 4 $2,200.00 $550.00 4 $2,200.00 $550.00 4 $2,200.00 $2,200.00 $2,200.00 Subtotal A $81,000.00 $81,000.00 $81,000.00 $81,000.00 $81,000.00 Tree Trimming & Dead Limb Removal $450.00 4 $1,800.00 $450.00 4 $1,800.00 $450.00 4 $1,800.00 $1,800.00 $1,800.00 Insecticide Treatment $500.00 6 $3,000.00 $500.00 6 $3,000.00 $500.00 6 $3,000.00 $3,000,00 $3,000.00 Herbicide Application to cracks in Sidewalks (Concrete Medians Only) Herbicide Application to planting beds, cubs, Etc. $400.00 $400.00 6 12 $2,400.00 $4,800.00 $400.00 $400.00 6 12 $2,400.00 $4,800.00 $400.00 $400.00 6 12 $2,400.00 $4,800.00 $2,400.00 $4,800.00 $2,400.00 $4,800.00 Subtotal B $12,000.00 $12,000.00 $12,000.00 $12,000.00 $12,000.00 TOTAL OF A & B $93,100.00 $93,100.00 $93,100.00 $93.100.00 $93,100.00 TOTAL OF THREE (3) YEAR ANNUAL COST: $279,300.00 OPTIONAL PERIODIC SERVICES - The following items may be requested as needed: Cost for Extra Litter Pick up (price per year) $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 Supply & Install Red Dyed Recycled Mulch — PER CUBIC YARD $45.00 $45.00 $45.00 f h t f vice $45.00 $45.00 NOTE: When bidding, the number of times is an "up to„ maximum number and Road & Bridge will determine the total number of times or eac ype o ser Page 169 of 219 South Zone n:r w1nn nr_n IIA. -1:,.. ...,.I 0:..4.4 ..f \A1 qT.c, Maintain Inc_ Iglu NO. IA'VOV IVIVUIQII 93" -%J CA a Types of Service to be provided for area in accordance with Section A & B of Bid Specs Cost per Application Year 1 No. of Times Year 1 -- Annual Cost Year 1 - ---, ----- Cost per Application Year 2 No. ofTtimes Year 2 Annual Cost Year 2 Cost per Application pp Year 3 No. of Times Year 3 Annual Cost Year 3 Annual Cost Option Year Year 4 Annual Cost Option Year Year 6 Mowing and Maintenance Services (includes hand pulling of weeds) $2,400.00 28 $67,200.00 $2,400.00 28 $67,200.00 $2,400.00 28 $67,200.00 $67,200.00 $67,200.00 Power Blade Edging $600.00 28 $16,800.00 $600.00 28 $16,800.00 $600.00 28 $16,800.00 $16,800.00 $16,800.00 Fertilization of Turf -$450.00 3 $1,350.00 $450.00 3 $1,360.00 $450.00 3 $1,350.00 $1,350.00 $1,350.00 Fertilization of Trees & Plants $400.00 3 $1,200.00 $400.00 3 $1,200.00 $400.00 3 $1,200.00 $1,200.00 $1,200.00 Shrubbery Trimming $700.00 4 $2,800.00 $700.00 4 $2,800.00 $700.00 4 $2,800.00 $2,800,00 $2,800.00 Subtotal A $89,350.00 $89,350.00 $89,350.00 $89,350.00 $89,350.00 Tree Trimming & Dead Limb Removal $450.00 4 $1,800.00 $450.00 4 $1,800.00 $450.00 4 $1,800.00 $1,800.00 $1,800.00 Insecticide Treatment $500.00 6 $3,000.00 $500.00 6 $3,000.00 $500.00 6 $3,000.00 $3,000.00 $3,000.00 Herbicide Application to cracks in Sidewalks (Concrete Medians Only) $400.00 6 $2,400.00 $400.00 6 $2,400.00 $400.00 6 $2,400.00 $2,400.00 $2,400.00 Herbicide Application to planting beds, curbs, etc. $400.00 12 $4,800.00 $400.00 12 $4,800.00 $400.00 12 $4,800.00 $4,800.00 $4,800.00 Subtotal El $12,000.00 $12,000.00 $12,000.00 $12,000.00 $12,000.00 TOTAL OF A & B $101,350.00 $101,350.00 $101,350.00 $101,350.00 $101,050.00 TOTAL OF THREE (3) YEAR ANNUAL COST: $304,050.00 OPTIONAL PERIODIC SERVICES - The following items may be requested as needed: Cost for Extra Litter Pick up (price per year) $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 Supply & InstallRed Dyed Recycled Mulch- PER CUBIC YEAR $45.00 $45.00 $45,00 $45.00 $45.00 NOTE: When bidding, the number of times is an "up to„ maximum number and Road & Bridge will determine the total number of times for each type of service. NUMBER OF COMPANIES NOTIFIED: 158 NUMBER OF BID DOCUMENTS DISTRIBUTED: 14 NUMBER OF RECEIVED BIDS: 6 Page 170 of 219 BOARD OF COUNTY COMMISSIONERS Bid No. 19-060 Median and Right -of -Way Maintenance North Zone July 31, 2019 @ 3:00 PM nnrnnr 4 I acc I Fort Pierce, Fl PURCHASING DEPARTMENT Types of Service to be provided for area in accordance with Section A & B of Bid Specs Cost per p Application Year 1 No. Of Times Year 1 Annual Cost Year 1 Cost per Application Year 2 No. Of Times Year 2 Annual Cost Year 2 Cost per p Application Year 3 No. Of Times Year 3 Annual Cost Year 3 Annual Cost Option Year Year 4 Annual Cost Option Year Year 6 Mowing and Maintenance Services (includes hand pulling of weeds) $1,800.00 28 $50,400.00 $1,800.00 28 $50,400.00 $1,800.00 28 $50,400.00 $53,200.00 $53,200.00 Power Blade Edging $600.00 28 $16,800.00 $600.00 28 $16,800.00 $600.00 28 $16,800.00 $19,600.00 $19,600.00 Fertilization of Turf $100.00 3 $300.00 $100.00 3 $300.00 $100.00 3 $300.00 $300.00 $300.00 Fertilization of Trees & Plants $150.00 3 $450.00 $150.00 3 $450.00 $150.00 3 $450.00 $600.00 $600.00 Shrubbery Trimming $1,200.00 4 $4,800.00 $1,200.00 4 $4,800.00 $1,200.00 4 $4,800.00 $6,000.00 $6,000.00 Subtotal A $72,750.00 $72,750.00 $72,750.00 $79,700.00 $79,700.00 Tree Trimming & Dead Limb Removal $300.00 4 $1,200.00 $300.00 4 $1,200.00 $300.00 4 $1,200.00 $1,600.00 $1,600.00 Insecticide Treatment $100.00 6 $600.00 $100.00 6 $600.00 $100.00 6 $600.00 $1,200.00 $1,200.00 Herbicide Application to cracks In Sidewalks (Concrete Medians Only) $200.00 6 $1,200.00 $200,00 6 $1,200.00 $200.00 6 $1,200.00 $1,800.00 $1,800.00 Herbicide Application to planting beds, cubs, Etc. $200.00 12 $2,400.00 $200.00 12 $2,400.00 $200.00 12 $2,400.00 $3,600.00 $3,600.00 Subtotal B $5,400.00 $5,400.00 $5,400.00 $8,200.00 $8,200.00 TOTAL OF A & El $78,150,00 $78,150.00 $78,150.00 $87,900.00 $87,900.00 TOTAL OF THREE (3) YEAR ANNUAL COST: $234,450.00 OPTIONAL PERIODIC SERVICES - The following items may be requested as needed: Cost for Extra Litter Pick up (price per year) $9,000.00 $9,000.00 $9,000.00 $9,000.00 $9,000.00 Supply & Install Red Dyed Recycled Mulch - PER CUBIC YARD $40.00 $40.00 $40.00 f $40.00 $40.00 NOTE: When bidding, the number of times is an "up to„ maximum number and Road & Bridge will determine the total number of times for each type o service. Page 171 of 219 South Zone Bid No. 19-060 Median and Right -of -Way Maintenance Cost per Types of Service to be provided for area in accordance with Section A & B of Application Bid Specs Year 1 Mow 4 Less No. of Cost per Cost per Annual Cost Annual Cost Annual Cost No. ofTtimes Annual Cost Application No. of Times Annual Cost Option Year Option Year Times Application pp Year 1 Year 1 Year 2 Year 2 Year 2 Year 3 Year 3 Year 3 Year 4 Year Mowing and Maintenance Services (includes hand pulling of weeds) $2,900.00 28 $81,200.00 $2,900.00 28 $81,200.00 $2,900.00 28 $81,200.00 $84,000.00 $86,800.00 Power Blade Edging $900.00 28 $25,200.00 $900.00 28 $25,200.00 $900.00 28 $25,200.00 $28,000.00 $28,000.00 Fertilization of Turf $400.00 3 $1,200.00 $400.00 3 $1,200.00 $400.00 3 $1,200.00 $1,500.00 $1,500.00 Fertilization of Trees & Plants $300.00 3 $900.00 $300.00 3 $900.00 $300.00 3 $900.00 $1,200.00 $1,200.00 Shrubbery Trimming $1,800.00 4 $7.200.00 $1,800.00 4 $7,200.00 $1,800.00 4 $7,200.00 $8,000.00 $8,000.00 Subtotal A $116,700.00 $116,700.00 $115,700.00 $122,700,00 $122,700.00 Tree Trimming & Dead Limb Removal $400.00 4 $1,600.00 $400.00 4 $1,600.00 $400.00 4 $1,600.00 $2,000.00 $2,000.00 Insecticide Treatment $300.00 6 $1,800.00 $300.00 6 $1,800.00 $300.00 6 $1,800.00 $1,800.00 $1,800.00 Herbicide Application to cracks in Sidewalks (Concrete Medians Only) $200.00 6 $1,200.00 $200.00 6 $1,200.00 $200.00 6 $1,200.00 $1,800.00 $1,800.00 Herbicide Application to planting beds, curbs, etc. $300.00 12 $3,600.00 $300.00 12 $3,600.00 $300.00 12 $3,600.00 $4,800.00 $4,800.00 Subtotal B $8,200.00 $8,200.00 $8,200.00 $10,400.00 $10,400.00 TOTAL OF A & B $123,900.00 $123,000.00 $123,900.00 $133,100.00 $133,100.00 TOTAL OF THREE (3) YEAR ANNUAL COST: $371,700.00 OPTIONAL PERIODIC SERVICES - The following items may be requested as needed: Cost for Extra Litter Pick up (price per year) $9,000.00 $9,000.00 $0,000.00 $9,000.00 $9,000.00 Supply & installRed Dyed Recycled Mulch- PER CUBIC YEAR $40.00 $40.00 V......i $40.00 $40.00 $40.00 NOTE: When bidding, the number of times is an "u to" maximum number and Road & bridge will aetermine the WWI number V1 Ll r_a Zvi caUIi Lyj— — NUMBER OF COMPANIES NOTIFIED: 158 NUMBER OF BID DOCUMENTS DISTRIBUTED: 14 NUMBER OF RECEIVED BIDS: 6 Page 172 of 219 BOARD OF COUNTY COMMISSIONERS 09NTY,. F L n R I D A — Bid No. 19-060 Median and Right -of -Way Maintenance North Zone July 31, 2019 @ 3:00 PM Sunshine Land Desian. Inc. Stuart, FI PURCHASING DEPARTMENT Types of Service to be provided for area In accordance with Section A & B of Bid Specs Cost per p Application Year 1 No. Of Times Year 1 Annual Cost Year 1 Cost per Application Year 2 No. Of Times Year 2 Annual Cost Year 2 per Cost p Application Year 3 No. Of Times Year 3 Annual Cost Year 3 Annual Cost Option Year p Year 4 Annual Cost Option Year Year 5 Mowing and Maintenance Services (Includes hand pulling of weeds) $1,981.00 28 $55,468.00 $2,040.43 28 $57,132.04 $2,101,64 28 $58,845.92 $60,611.30 $62,429,64 Power Blade Edging $341.25 28 $9,555.00 $351.48 28 $9,841.65 $362,02 28 $10,136.56 $10,440.65 $10,753.86 Fertilization of Turf $1,267.95 3 $3,803.85 $1,395.98 3 $3,917.95 $1,437.85 3 $4,313.55 $4,442.95 $4,576.23 Fertilization of Trees & Plants $1,324.40 3 $3,973.20 $1,364.13 3 $4,092.39 $1,405.05 3 $4,215.15 $4,341.60 $4,471.84 Shrubbery Trimming $5,390.00 4 $21,660.00 $5,551.70 4 $22,206.80 $6,718.25 4 $22,873.00 $23,559.19 $24,265.96 Subtotal A $94,360.04 $97,190.83 $100,384.18 $103,395.69 $106,497.53 Tree Trimming & Dead Limb Removal $924.00 4 $3,696.00 $951.72 4 $3,806.88 $980.27 4 $3,921.08 $4,038.71 $4,159.87 Insecticide Treatment $618.41 6 $3,710.46 $636.96 6 $3,821.76 $656.07 6 $3,936.42 $4,054.51 $4,176.14 Herbicide Application to cracks In Sidewalks (Concrete Medians Only) $616.00 6 $634.48 6 $3,806.88 $653.51 g $3,921.06 $4,038.69 $4,159.85 $3,696.00 $14,784,00 Herbicide Application to planting beds, cubs, Etc. $1,232.00 12 $1,268.96 12 $15,227.52 $1,306.99 12 $15,683.88 $16,154.39 $16,639,02 Subtotal B $25,886.48 $26,663.04 $27,462.44 $28,286.30 $29,134.88 TOTAL OF A & El $120,246.52 $123,853.87 $127,846.62 $131,681.99 $135,632.41 TOTAL OF THREE (3) YEAR ANNUAL COST: $371,947.01 OPTIONAL PERIODIC SERVICES - The following items may be requested as needed: Cost for Extra Litter Pick up (price per year) $4,882.00 $5,028.46 $5,179.00 $5,334.37 $5,494.11 Supply & Install Red Dyed Recycled Mulch — PER CUBIC YARD $65.00 $66.95 $68.95 $73.15 $75.35 NOTE: When bidding, the number of times is an "Up to„ maximum number and Road & Bridge will determine the total number oT times ror edLn LYPC 01 ICI VI%A:. Page 173 of 219 South Zone _r 1Rf.... R11.-:...1......... -- Qiinehino I nnri no-zirin Inn i�iu No. "Ity-Ulu Ivieuldli dllu ICIg "L-v1-vva rnauncrrarr%,c Cost per No. of No. of Times Annual Cost Cost per Cost per Annual Cost Annual Cost Types of Service to be provided for area in accordance with Section A & B of Annual Cost No, ofTtimes Annual Cost Application Option Year Option Year Bid Specs Application Times Application Year 1 Year 1 Year 1 Year 2 Year 2 Year 2 Year 3 Year 3 Year 3 Year 4 Year 5 Mowing and Maintenance Services (includes hand pulling of weeds) $2,560.80 28 $71,702.40 $2,640.00 28 $73,920.00 $2,719.00 28 $76,132.00 $78,415.00 $80,767.00 Power Blade Edging $609.84 28 $17,076.52 $628.14 28 $17,587.92 $646.98 28 $18,115,44 $18,659.00 $19,218.00 Fertilization of Turf $4,878.72 3 $14,636.16 $6,025.08 3 $15,075,24 $5,175.83 3 $15,627.49 $15.993.31 $16,483.11 Fertilization of Trees & Plants $1,873.08 3 $5,619.24 $1,929.27 3 $5,787.81 $1,987.15 3 $5,961.45 $6,140.29 $6,324.50 Shrubbery Trimming $7,623.00 4 $30,492.00 $7,851.69 4 $31,406.76 $8,087,24 4 $32,348.96 $33,319.43 $34,319.01 Subtotal A $139,625.32 $143,777.73 $148,085.34 $152,527.03 $167,111.62 Tree Trimming & Dead Limb Removal $1,306.80 4 $5,227.20 $1,346.00 4 $5,384.00 $1,386.00 4 $5,545.52 $5,711.89 $5,883.24 Insecticide Treatment $980.10 6 $5,880.60 $1,009.50 6 $6,057.60 $1,039.79 6 $6,238.74 $6,425.90 $6,618.68 Herbicide Application to cracks in Sidewalks 6 $6,907.20 $1,185.74 6 $7,114.44 $1,221.31 6 $7,327.86 $7,547.70 $7,774.13 (Concrete Medians Only) $1,151.20 Herbicide Application to planting beds, curbs, etc. $871.20 12 $10,454.40 $897.34 12 $10,768.08 $924.26 12 $11,091.12 $11,423.85 $11,766.57 Subtotal B $28,469.40 $29,323.48 $30,203.19 $31,109.28 1 $32,042.56 TOTAL OF A & B $167,994.72 $173,034.55 $178,225.59 $183,572.35 1 $189,079.52 TOTAL OF THREE (3) YEAR ANNUAL COST: $519,254.86 OPTIONAL PERIODIC SERVICES - The following items may be requested as needed: Cost for Extra Litter Pick up (price per year) $6,866.00 - $7,070.95 $7,283.08 $7,501.57 $7,726.62 Supply & installRed Dyed Recycled Mulch- PER CUBIC YEAR $65.00 $66.95 $68.96 $71.03 $73.16 NOTE: When bidding, the number of times is an "up to„ maximum number and Road & Bridge will determine The total number ur L11IMb rVr CaL,rr Lyp+ v, NUMBER OF COMPANIES NOTIFIED: 158 NUMBER OF BID DOCUMENTS DISTRIBUTED: 14 NUMBER OF RECEIVED BIDS: 6 Page 174 of 219 NOTE: When bidding, the number of times is an "up to„ maximum number and Road & Bridge will determine The total number ur L11IMb rVr CaL,rr Lyp+ v, NUMBER OF COMPANIES NOTIFIED: 158 NUMBER OF BID DOCUMENTS DISTRIBUTED: 14 NUMBER OF RECEIVED BIDS: 6 Page 174 of 219 BOARD OF COUNTY COMMISSIONERS Bid No. 19-060 Median and Right -of -Way Maintenance North Zone July 31, 2019 @ 3:00 PM Batallan Enterprises.lnc/Property Works West Palm Beach, FL PURCHASING DEPARTMENT Types of Service to be provided for area in accordance with Section A & B of Bid Specs Cost per Application Year 1 No. Of Times Year 1 Annual Cost Year 1 Cost per Application Year 2 No. Of Times Year 2 Annual Cost Year 2 Cost per Application Year 3 No. Of Times Year 3 Annual Cost Year 3 Annual Cost Option Year Year 4 Annual Cost Option Year Year 5 Mowing and Maintenance Services (includes hand pulling of weeds) $1,953.22 28 $54,690.16 $1,953.22 28 $54,690.16 $1,953.22 28 $54,690.16 $55,510.51 $56,343.16 Power Blade Edging $824.69 28 $23,091.32 $824.69 28 $23,091.32 $824.69 28 $23,091,32 $23,437.68 $23,789.24 Fertilization of Turf $3,111.85 3 $9,335.55 $3,111.85 3 $9,335.55 $3,111.85 3 $9,335.55 $9,475.58 $9,617.71 Fertilization of Trees & Plants $470.70 3 $1,412.10 $470.70 3 $1,412.10 $470.70 3 $1,412.10 $1,433.28 $1,454.77 Shrubbery Trimming $4,093.32 4 $16,373.28 $4,093.32 4 $16,373.28 $4,093.00 4 $16,373.28 $16,618.87 $16,868.15 Subtotal A $104,902.41 $104,902.41 $104,902.41 $106,476.92 $108,073.03 Tree Trimming & Dead Limb Removal $5,014.26 4 $20,057.04 $5,014.26 4 $20,027.04 $5,014.26 4 $20,057.04 $20,357.89 $20,663.25 Insecticide Treatment $357.88 6 $2,147.28 $357.88 6 $2,147.28 $357.88 6 $2,147.28 $2,179.48 $2,212.17 Herbicide Application to cracks in Sidewalks (Concrete Medians Only) $708.84 6 $4,253.04 $708.84 6 $4,253.04 $708.84 6 $4,253.04 $4,316.83 $4,381.58 Herbicide Application to planting beds, cubs, Etc. $1,355.89 12 $16,270.68 $1,355.89 12 $16,270.68 $1,355.89 12 $16,270.68 $16,514.74 $16,762.46 Subtotal B $42,728.04 $42,728.04 $42,728.04 $43,368.94 $44,019.46 TOTAL OF A & B $147,630.45 $147,630.45 1 $147,630.45 $149,844.86 $152,092.49 TOTAL OF THREE (3) YEAR ANNUAL COST: $442,891.35 OPTIONAL PERIODIC SERVICES - The following items may be requested as needed: Cost for Extra Litter Pick up (price per year) $1,417.68 $1,417.68 $1,417.68 $1,438.94 $1,460.52 Supply & Install Red Dyed Recycled Mulch — PER CUBIC YARD $172.32 $172.32 $172.32 $174.90 $177.52 NOTE: When bidding, the number of times is an "up to„ maximum number and Road & Bridge will determine the total number of times for each type of service. Page 175 of 219 Bid No. 19-060 Median and Right -of -Way Maintenance Batallan Enterprises, Inc/Property Works Cost per No. of Cost per Cost per Annual Cost Annual Cost Types of Service to be provided for area in accordance with Section A & B of Annual Cost Application No. ofTtimes Annual Cost Application No. of Times Annual Cost Option Year Option Year Application Times Bid Specs Year 1 Year 1 Year 1 I Year 2 1 Year 2 Year 2 Year 3 I Year 3 Year 3 Year 4 Year Mowing and Maintenance Services (includes hand pulling of weeds) Power Blade Edging Fertilization of Turf Fertilization of Trees & Plants Shrubbery Trimming Subtotal Tree Trimming & Dead Limb Removal Insecticide Treatment Herbicide Application to cracks in Sidewalks (Concrete Medians Only) Herbicide Application to planting beds, curbs, etc. $3,819.63 28 $106,949.64 $3,819.63 28 $106,949.64 $3,819.63 28 $106,949.64 $108,553.88 $110,182.18 $1,736.19 $6,040.65 28 3 $48,613.32 $18,121.95 $1,736.19 $6,040.65 28 3 $48,613.32 $18,121.95 $1,736.19 $6,040.65 28 3 $48,613.32 $18,121.95 $49,342.51 $18,393.77 $50,082.64 $18,669.67 $1,412.10 3 $4,236.30 $1,412.10 3 $4,236.30 $1,412.10 3 $4,236.30 $4,299.84 $4,364.33 $8,474.27 4 $33,897.08 $8,474.27 4 $33,897.08 $8,474.27 4 $33,897.08 $34,405.53 $34,921.61 $211,818.29 $211,818.29 $211,818.29 $214,995.53 $218,220.43 $12,690.41 $690.36 4 6 $50,761.64 $4,142.16 $12,690.41 $690.36 4 6 $50,761,64 $4,142.16 $12,690.41 $690.36 4 6 $50,761.64 $4,142.16 $51,523.06 $4,204.29 $52,295.90 $4,267.35 $1,408.79 6 $8,452.74 $1,408.79 6 $8,452.74 $1,408.79 6 $8,452.74 $8,579.53 $8,708.22 $2,711.77 12 $32,541.24 $2,711.77 12 $32,541.24 $2,711.77 12 $32,541.24 $33,029.35 $33,524.79 Subtotal B $95,897.78 $95,897.78 $95,897.78 $97,336.23 $98,796.26 TOTAL OF A & B $307,716.07 $307,716.07 $307,716.07 $312,331.76 $317,016.69 TOTAL OF THREE (3) YEAR ANNUAL COST: $923,148.18 OPTIONAL PERIODIC SERVICES - The following items may be requested as needed: Cost for Extra Litter Pick up (price per year) $1,417.68 $1,417.68 $1,417.68 $1,438.94 Supply & installRed Dyed Recycled Mulch- PER CUBIC YEAR $172.32 $172.32 $172.32 $174.90 NOTE: When bidding, the number of times is an "up to" maximum number and Road & Bridge will determine the total number of times for each type of service. NUMBER OF COMPANIES NOTIFIED: NUMBER OF BID DOCUMENTS DISTRIBUTED: NUMBER OF RECEIVED BIDS: 158 14 6 $1,460.52 $177.52 Page 176 of 219 BOARD OF COUNTY COMMISSIONERS Bid No. 19-060 Median and Right -of -Way Maintenance North zone July 31, 2019 @ 3:00 PM C'.rnnlanri far\/Ir.Pc Inr:_ Bartow, FI PURCHASING DEPARTMENT Types of Service to be provided for area In accordance with Section A & B of Bid Specs Cost p Application Year 1 No. Of Times Year 1 Annual Cost Year 1 Cost per Application Year 2 No. Of Times Year 2 Annual Cost Year 2 Cost per p Application Year 3 No. Of Times Year 3 Annual Cost Year 3 Annual Cost Option Year Year 4 Annual Cost Option Year Year 5 Mowing and Maintenance Services (includes hand pulling of weeds) $5,792.00 28 $162,176.00 $5,792.00 28 $162,176.00 $5,792.00 28 $161,176.00 $161,176.00 $161,176.00 Power Blade Edging $800.00 28 $22,400.00 $800.00 28 $22,400.00 $800.00 28 $22,400.00 $22,400.00 $22,400.00 Fertilization of Turf $4,656.00 3 $13,968.00 $4,656.00 3 $13,968.00 $4,656.00 3 $13,968.00 $13,968,00 $13,968.00 Fertilization of Trees & Plants $1,544.00 3 $4,632.00 $1,544.00 3 $4,632,00 $1,544.00 3 $4,632.00 $4,632.00 $4,632.00 ShrubbaryTrimming $1,800.00 4 $7,200.00 $1,800.00 4 $7,200.00 $1,800.00 4 $7,200.00 $7,200.00 $7,200.00 Subtotal A $210,376.00 $210,376.00 $210,376.00 $210,376.00 $210,376.00 Tree Trimming & Dead Limb Removal $2,200.00 4 $8,800.00 $2,200.00 4 $8,800.00 $2,200.00 4 $8,800.00 $8,800.00 $8,800.00 Insecticide Treatment $2,558.40 6 $15,360.40 $2,558.40 6 $15,350.40 $2,558.40 6 $15,350.40 $15,350.40 $15,350.40 Herbicide Application to cracks in Sidewalks (Concrete Medians Only) $1,458.93 6 $8,753.58 $1,458.93 6 $8,753.58 $1,458.93 6 $8,753,58 8753.58 $8,753.58 Herbicide Application to planting beds, cubs, Etc. $4,421.00 12 $53,052.00 $4,421.00 12 $53,052.00 $4,421.00 12 $53,052.00 $53,052.00 $63,052.00 Subtotal B $85,955.98 $85,955.98 $85,955.98 $85,955.98 $85,955.98 TOTAL OF A & El $296,331.98 $296,331.98 $296,331.98 $296,331.98 $296,331.98 TOTAL OF THREE (3) YEAR ANNUAL COST: $888,995.94 OPTIONAL PERIODIC SERVICES - The following items may be requested as needed: Cost for Extra Litter Pick up (price per year) $1,992.00 $1,992.00 $1,992.00 $1,992.00 $1,992.00 Supply & Install Red Dyed Recycled Mulch — PER CUBIC YARD $75.00 $78.00 $81.00 $85.00 $88.00 NOTE: When bidding, the number of times is an "up to„ maximum number and Road & 6rldge will determine Lne total number U1 thnes lul Cdull LyNc U1 aU1 vwc- Page 177 of 219 South Zone o:.a AI.. A h ACA AA.,rli-,., o., 4 Dink4- f_1A1 IiAnintonnnro Crnnland Services. Inc. L�IU IYV. I:J-Vvv IUICuICA" a"u �v ���-v.-■■u .ri ann.w...... Types of Service to be provided for area in accordance with Section A & B of yp p Bid Specs w... Cost per Application Year No. of Times Year - - - ----- - Annual Cost Year Cost per Application Year No. ofTtimes Year Annual Cost Year Cost per Application Year No. of Times Year Annual Cost Year Annual Cost Option Year Year Annual Cost Option Year Year Mowing and Maintenance Services (includes hand pulling of weeds) $10,860.00 28 $304,080.00 $10,860.00 28 $304,080.00 $10,860.00 28 $304.080.00 $304,080.00 $304,080.00 Power Blade Edging $1,500.00 28 $42,000.00 $1,500.00 28 $42,000.00 $1,500.00 28 $42,000.00 $42,000.00 $42,000.00 Fertilization of Turf $8,730.00 3 $26,190.00 $8,730.00 3 $26,190.00 $8,730.00 3 $26,190.00 $26,190.00 $26,190.00 Fertilization of Trees & Plants $2,895.00 3 $8,685.00 $2,895.00 3 $8,685.00 $2,895.00 3 $8,685.00 $8,685.00 $8,685.00 Shrubbery Trimming $3,375.00 4 $13,500.00 $3,375.00 4 $13,500.00 $3,375.00 4 $13,500.00 $13,500.00 $13,500.00 Subtotal A $394,455.00 $394,455.00 $394,455.00 $394,455.00 $394,455.00 Tree Trimming & Dead Limb Removal $4,125.00 4 $16,500.00 $4,125.00 4 $16,500.00 $4,125.00 4 $16,500.00 $16,500.00 $16,500.00 Insecticide Treatment $4,797.00 6 $28,782.00 $4,797.00 6 $28,782.00 $4,797.00 6 $28,782.00 $28,782.00 $28,782.00 Herbicide Application to cracks in Sidewalks (Concrete Medians Only) $1,458.93 6 $8,753.58 $1,458.93 6 $8,153.58 $1,458.93 6 $8,753.58 $8,753.58 $8,753.68 Herbicide Application to planting beds, curbs, etc. $4,421.00 12 $53,052.00 $4,421.00 12 $53,052.00 $4,421.00 12 $53,052.00 $53,052.00 $53,052.00 Subtotal B $107,087.58 $107,087.58 $107,087.58 $107,087.58 $107,087.58 TOTAL OF A & 13 $501,542.58 $501,542.58 $501,542.58 $501,542.58 $501,542.58 TOTAL OF THREE (3) YEAR ANNUAL COST: $1,504,627.74 OPTIONAL PERIODIC SERVICES - The following items may be requested as needed: Cost for Extra Litter Pick up (price per year) $3,735.00 $3,735.00 $3,735.00 $3,735.00 $3,735.00 Supply & installRed Dyed Recycled Mulch- PER CUBIC YEAR $75.00 $78.00 1 $81.00 2- -'- -t $85.00 $85.00 NOTE: When bidding, the number of times is an "up to„ maximum number and Road &. Bridge will determine the toLat number or b US Iur cdL11 LyNC UI WZ[VILu- NUMBER OF COMPANIES NOTIFIED: 158 NUMBER OF BID DOCUMENTS DISTRIBUTED: 14 NUMBER OF RECEIVED BIDS: 6 Page 178 of 219 7F�LOUNTY R I D A^ 46 TO AGENDA REQUEST Board of County Commissioners 8.F.3. 2019-46735 CONSENT AGENDA -PUBLIC WORKS DATE: 9/10/2019 *ACTION ITEM - AGREEMENT PRESENTED BY: Patrick Dayan, Water Quality Manager SUBMITTED BY: Public Works SUBJECT: DVB1 Delivery Station — Payment -in -Lieu of Sidewalk Construction BACKGROUND: Bee Electronics, the developer of DVB1 Delivery Station, received Site Plan approval through the County on May 7, 2019. The project is located at 7440 Commercial Circle within the King's Highway Industrial Park. Commercial Circle is a County roadway and the developer is required to construct concrete sidewalks within the right-of-way of all abutting streets. Pursuant to Chapter 7.05.04 (4c), the developer has requested to pay a fee -in -lieu of construction for the parcels related to the DVB1 Delivery Station site. County staff has reviewed the existing site conditions and adjacent sites and concurs with the developer's request. PREVIOUS ACTION: May 7, 2019 - Major Adjustment to Major Site Plan Approved by the Board. FINANCIAL IMPACT: Deposit to account #101-4115-324320-4906 (Transportation Trust/Bike Paths and Sidewalks) RECOMMENDATION: Staff recommends Board approval of the fee -in -lieu of construction agreement with Bee Electronics for the sidewalk, accept funds in the amount of $20,160.00 and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Page 179 of 219 RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Don West, Public Works Director Daniel McIntyre, County Attorney Coordination/Signatures 8/19/2019 8/19/2019 wil ? Mark Satterlee, Deputy County Administrator 8/20/2019 Page 180 of 219 NHtngYe�R .._ _ - A . Soogle Earth over D6i, N 1 000 rr J 94.5' -_ w , CONCRETE SIDEWALK e. 4"CONCRETE SIDEWALK �- 584.6' 5' ....._ 3 APR 2 5 2019 ENGINEERING DIVISIO a SIDEWALK EXHIBIT N p N 1 "= 80' 0 80' Nco � I I I I M d ° . . ....... .. --� I f j .F3 r E� 4" CONCRETE 4" LIMEROCK BASE �— APPROVED COMPACTED SUBBASE PAUL � �V oa••suomo n.I� /�/ i No. 86238 "a 2 a y m • STA E 0 o. aaoasa® s FO cr 0 r 0 ISSUANCES 03122119 FILE NUMBER 83460006 PROJECT MANAGER PROFESSIONAL DRAWN BY AQA CHECKED BY Page 182 of 219 progressive Project: DVB1 Delivery Station Location: 7440 Commercial Circle, St. Lucie County FL Project Number: 83460006 DatePrepared March 22, 2019 ®r ?01�� Estimate of Probable Cost - Sidewalk Improvements For Fee in Lieu of Sidewalk Construction Qtv Unit Unit Cost Total IMPROVEMENTS 4" Concrete Sidewalks 504 SY $ 40.00 $ 20,160.00 Sub total $ 20,160 RECEIVED APR 2 5 2019 ENGINEERING DIVISION Estimate 1 TOTAL 20,160.00 M ,� Cla a�%��G�i•ds...b, C�re,. << a No. R6238 w p STPI E OF y�Zi1� Page 183 of 219 AGREEMENT TO PAY FEE IN LIEU OF CONSTRUCTING CONCRETE SIDEWALKS THIS AGREEMENT is made and entered into this 1 � day of i 2019, by and between ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida ("County') and BEE ELECTRONICS, ("Developer"). WITNESSETH: WHEREAS, Developer intends to construct a project to be known as DV61 Delivery Station (the "Development"); and WHEREAS, the Developer cannot construct concrete sidewalks at the project location due to site conditions. WHEREAS, the Developer agrees to pay to the County Twenty Thousand One Hundred Sixty Dollars ($20,160) as payment in lieu of constructing the required concrete sidewalks at the project location. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties covenant and agree as follows: Within fifteen (15) days from the date of this Agreement, the Developer shall deliver to the County funds in the amount of $20,160 (the "Funds"). The Funds delivered to the County shall be used for design and construction of sidewalks at locations as determined by the County. The Funds are nonrefundable. IN WITNESS WHEREOF, the parties have caused this Agreement to be made and entered into the day and year first above written. ATTEST: BY: Deputy Clerk WITES: / BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chair APPROVED AS TO FORM AND CORRECTNESS: BY: _ County Attorney By. Print Name: _ Matkk- unn_.__ Title: -1- Page 184 of 219 10022 ,lull/ Bryan Builders, LLC. SLJNZ'RUS'I' ACH RT 061000104 450 Harbour Isle Way 63-215/631 Longwood, FL 32750 _ 8/8/2019 U PAY TO THE r ORDER OF St Lucie County Board of County Comm $ **20,160.00 s *****************************************************************� Twenty Thousand One Hundred Sixth and 00/100 oouNRs I � N St. Lucie County Board of County Comm 717 MEMO 0 o o - A HORIZED SIGNATURE o 0 o o o o o o o o o ° o ° 111000 Bryan Builders, LLC. m 0 St. Lucie County Board of County Comm Cost of Construction:01 000 • GENERAL 0 ° o ° c 0 0 0 0 0 0 0 0 0 10022 8/8/2019 20,160.00 BOARD OF COMMISSIONERS 197706. ST. LUCIE COUNTY, FLORIDA I A Ak A, 20i� 13UAKU yr, l.vwnnwv�.+��-•--- 00 Page 185 of 219 r1 r1 1 / h BV COLINTY ' ' REQUESU F L 0 R I D A TO: Board of County Commissioners PRESENTED BY: Peter Buchwald SUBMITTED BY: BACKGROUND: Transportation Planning Organization 8.G.1. RES-2019-177 CONSENT AGENDA - TRANSPORTATION PLANNING ORGANIZATION DATE: 9/10/2019 *RESOLUTION ITEM -GRANT ACCEPTANCE QUASI-JUDICIAL ITEM? NO Approval of Florida Commission for the Transportation Disadvantaged Planning Grant for Fiscal Year 19/20 The St. Lucie Transportation Planning Organization has received notification of funding from Florida Commission for the Transportation Disadvantaged for Planning funds in the amount of $25,777. These funds were budgeted in the second year of the Transportation Planning Organization Unified Planning Work Program for fiscal year 19/20. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Since these Grant funds were not anticipated in fiscal year 19 funding, funding is not appropriated in the fiscal year 19 adopted budget, therefore, a budget needs to be established to expend these funds. Matching funds are not required. Funds will be made available in the Transportation Disadvantaged Planning Grant fund 001477-1540-334491-100. RECOMMENDATION: Staff recommends Board approval of budget resolution in the amount $25,777.00 to amend the County budget for receipt of Transportation Disadvantaged funds on behalf of the St. Lucie Transportation Planning Organization. COMMISSION ACTION: Page 186 of 219 RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Jennifer Hill, Office of Management & Budget Director 8/19/2019 T' u Daniel McIntyre, County Attorney Jeffrey Bremer, Deputy County Administrator 8/19/2019 w� 8/20/2019 1 , Page 187 of 219 Florida Commission for the <Jligr Transportation Disadvantaged Ron DeSantis July 31, 2019 Governor Marion Hart, Jr. Chairperson Dr. Phillip Stevens Ms. Marceia Lathou Vice Chairperson St. Lucie Transportation Planning Organization Coco Vista Centre 466 SW Port St. Lucie Blvd., Suite 111 David Darm Executive Director Port St. Lucie, Florida 34953 Re: 2019-20 Planning Grant Agreement #G1885 (St. Lucie County) Dear Ms. Lathou: Enclosed is your copy of the fully executed grant agreement for the above referenced project. Consider this letter to be your authorization to proceed and begin incurring project costs, effective the execution date of this agreement. Thank you for your continued support of the Transportation Disadvantaged Coordinated System. Please contact me at (850) 410-5712 if you have any questions concerning this project. Sincerely, ?'�4 J" John Irvine Project Manager Enclosure: Executed Agreement 605 Suwannee Street, MS-49 w Tallahassee, FI- 32399.0450 Phone: (850) 410.5700 w Toll Free: (800) 983-2435 bo Fax: (850) 410.5752 www.dot.stateAusictd Page 188 of 219 SAMAS Approp 108846 Fund TDTF FM/Job No(s) 43202911401 SAMAS Obi 7750075 Function 035 CSFA No. 55.002 Org. Code 55120000952 Contract No G1885 Vendor No. 59-6000835 FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED PLANNING GRANT AGREEMENT THIS AGREEMENT, made and entered into this day of TIJ4 2019 by and between the STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION DNTAGED, created pursuant to Chapter 427, Florida Statutes, hereinafter called the Commission, and St. Lucie Metropolitan Planning Organization dba St. Lucie TPO, 2300 Virginia Avenue, Fort Pierce, Florida 34982, hereinafter called the Grantee. WITNESSETH: WHEREAS, the Grantee has the authority to enter into this Agreement and to undertake the Project hereinafter described, and the Commission has been granted the authority to carry out responsibilities of the Commission which includes the function of the Designated Official Planning Agency and other responsibilities identified in Chapter 427, Florida Statutes, or rules thereof; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to provide financial assistance to accomplish the duties and responsibilities of the Official Planning Agency as set fdlrth.in Chapter 427, Florida Statutes, Rule 41-2, Florida Administrative Code, Commission policies, and the Fis9I Year 2019- 20 Program Manual and Application for the Planning Grant, and as further described in this Agreement and in Exhibit(s) A, B, C, D attached hereto and by this reference made a part hereof, hereinafter called the Project; and, for the Commission to provide financial assistance to the Grantee and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the Project will be undertaken and completed. 2.00 Accomplishment of the Project: The Grantee shall commence, and complete the Project as described in Exhibit "A" with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.10 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Grantee to enter into this Agreement or to undertake the Project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Grantee will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.20 Funds of the Grantee: The Grantee will provide the initial funds necessary for the completion of the project. The Grantee shall pay and not be reimbursed for funds exceeding the estimated project cost. T© Planning Grant Agreement 2019/20 Form Rev. 06/07/2019 St Lucie Page 1 of 22 Page 189 of 219 2.30 Funds of the Commission: The Commission will compensate the Grantee upon receipt and approval of said deliverables, not to exceed the estimated project cost as further defined herein. 2.40 Submission of Proceedings, Contracts and Other Documents and Products: The Grantee shall submit to the Commission such data, reports, records, contracts, certifications and other financial and operational documents or products relating to the Project as the Commission may require as provided by law, rule or under this agreement. Failure by the Grantee to provide such documents, or provide documents or products required by previous agreements between the Commission and the Grantee, may, at the Commission's discretion, result in refusal to reimburse project funds or other permissible sanctions against the Grantee, including termination. 2.50 Incorporation by Reference: The Grantee and Commission agree that by entering into this Agreement, the parties explicitly incorporate by reference into this Agreement the applicable law and provisions of Chapter 427, Florida Statutes, Rule 41-2, Florida Administrative Code, and the Fiscal Year 2019-2020 Program Manual and Application for the Planning Grant. 3.00 Total Project Cost: The total estimated cost of the Project is $ 25,777.00. This amount is based upon the budget summarized in Exhibit "B" and by this reference made a part hereof. The Grantee agrees to bear all expenses in excess of the total estimated cost of the Project and any deficits involved, including any deficits revealed by an audit performed in accordance with Section 6.00 hereof after completion of the project. 4.00 Commission Participation: The Commission agrees to maximum participation, including contingencies, in the Project in the amount of $ 25,777.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total actual project cost shown in Exhibit "B", whichever is less. 4.10 Eligible Costs: Planning Grant Funds, derived exclusively from the Transportation Disadvantaged Trust Fund, may only be used by the Commission and the Grantee to undertake planning activities. 4.20 Eligible Project Expenditures: Project expenditures eligible for State participation will be allowed only from the date of this Agreement. It is understood that State participation in eligible project costs is subject to: a) The understanding that disbursement of funds will be made in accordance with the Commission's cash forecast; b) Availability of funds as stated in Section 13.00 of this Agreement; c) Commission approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available; and d) Submission of all certifications, invoices, detailed supporting documents or other obligating documents and all other terms of this agreement. 4.30 Front End Funding and Retainage: Front end funding and retainage are not applicable. 7D Planning Grant Agreement 2019/20 Form Rev.06/07/2019 5t Lucie Page 2 of 22 Page 190 of 219 5.00 Project Budget and Disbursement Schedule: 5.10 The Project Budget: The Grantee shall maintain the Commission approved Project Budget, as set forth in Exhibit "B", carry out the Project, and shall incur obligations against and make disbursements of Project funds only in conformity with the latest approved budget for the Project. The budget may be revised periodically, but no budget revision shall be effective unless it complies with fund participation requirements established in Section 4.00 of this Agreement and is approved in writing by the Commission. Any budget revision which changes the fund participation requirements established in Section 4.00 of this agreement shall not be effective unless approved in writing by the Commission and the Florida Department of Transportation Comptroller. 5.20 Schedule of Disbursements: The Grantee shall be paid on a quarterly basis based on the satisfactory performance of each task detailed in Exhibit A. 6.00 Accounting Records and Audits: 6.10 Establishment and Maintenance of Accounting Records: The Grantee shall establish for the Project, in conformity with the latest current uniform requirements established by the Commission to facilitate the administration of the financing program, either separate accounts to be maintained within its existing accounting system, or establish independent accounts. Such financing accounts are referred to herein collectively as the "Project Account". The Project Account, and detailed documentation supporting the Project Account, must be made available upon request, without cost, to the Commission any time during the period of the Agreement and for five years after final payment is made or if any audit has been initiated and audit findings have not been resolved at the end of five years, the records shall be retained until resolution of the audit findings. 6.20 Funds Received or Made Available for The Project: The Grantee shall appropriately record in the Project Account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Commission pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the Project, which Commission payments and other funds are herein collectively referred to as "Project Funds". The Grantee shall require depositories of Project Funds to secure continuously and fully all Project Funds in excess of the amounts insured under Federal plans, or under State plans which have been approved for the deposit of Project funds by the Commission, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State law for the security of public funds, or as approved by the Commission. 6.30 Costs Incurred for the Project: The Grantee shall charge to the Project Account all eligible costs of the Project. Costs in excess of the latest approved budget, costs which are not within the statutory criteria for the Transportation Disadvantaged Trust Fund, or attributable to actions which have not met the other requirements of this Agreement, shall not be considered eligible costs. TD Planning Grant Agreement 2019/20 Form Rev. 06/07/2019 St Lucie Page 3 of 22 Page 191 of 219 6.40 Documentation of Project Costs and Claims for Reimbursement: All costs charged to the Project shall be supported by detailed supporting documentation evidencing in proper detail the nature and propriety of the charges. The Grantee shall provide sufficient detailed documentation for each cost or claim for reimbursement to allow an audit trail to ensure that the tasks accomplished or deliverables completed in acceptable form to the Commission were those which were promised. The documentation must be sufficiently detailed to comply with the laws and policies of the Department of Financial Services. 6.50 Checks, Orders, and Vouchers: Any check or order drawn by the Grantee with respect to any item which is or will be chargeable against the Project Account will be drawn only in accordance with a properly signed voucher then on file in the office of the Grantee stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the Project shall be clearly identified, readily accessible, within the Grantees existing accounting system, and, to the extent feasible, kept separate and apart from all other such documents. 6.60 Audits: 1. The administration of resources awarded through the Commission to the Grantee by this Agreement may be subject to audits and/or monitoring by the Commission and the Department of Transportation (Department). The following requirements do not limit the authority of the Commission or the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. The Grantee shall comply with all audit and audit reporting requirements as specified below. a. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring procedures to monitor the Grantee's use of state financial assistance may include but not be limited to on -site visits by Commission and/or Department staff and/or other procedures including, reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to state financial assistance awarded through the Commission by this Agreement. By entering into this Agreement, the Grantee agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Commission and/or the Department. The Grantee further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Commission, the Department, the Chief Financial Officer (CFO) of the Department of Financial Services the State Auditor General and, the State Inspector General. b. The Grantee a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, as a recipient of state financial assistance awarded by the Commission through this Agreement is subject to the following requirements: In the event the Grantee meets the audit threshold requirements established by Section 215.97, Florida Statutes, the Grantee must have a State single or project -specific audit conducted for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local TD Planning Grant Agreement 2019/20 Form Rev. 06/07/2019 St Lucie Page 4 of 22 Page 192 of 219 governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. Exhibit D to this Agreement indicates state financial assistance awarded through the Commission by this Agreement needed by the Grantee to further comply with the requirements of Section 215.97, Florida Statutes. In determining the state financial assistance expended in a fiscal year, the Grantee shall consider all sources of state financial assistance, including state financial assistance received from the Commission by this Agreement, other state agencies and other nonstate entities. State financial assistance does not include Federal direct or pass -through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements, the Grantee shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General. iii. In the event the Grantee does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, the Grantee is exempt for such fiscal year from the state single audit requirements of Section 215.97, Florida Statutes. However, the Grantee must provide a single audit exemption statement to the Department at FDOTSingleAudit(6dot.state.fl.us no later than nine months after the end of the Grantee's audit period for each applicable audit year. In the event the Grantee does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, in a fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the Grantee's resources (i.e., the cost of such an audit must be paid from the Grantee's resources obtained from other than State entities). iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, copies of financial reporting packages required by this Agreement shall be submitted to both: Florida Department of Transportation State of Florida Auditor General Office of Comptroller, MS 24 Local Government Audits/342 605 Suwannee Street 111 West Madison Street, Room 401 Tallahassee, FL 32399-0405 Tallahassee, FL 32399-1450 Email: FDOTSingleAudit@dot.state.fl.us Email: flaudgen_localgovt@aud.state.fl.us v. Any copies of financial reporting packages, reports or other information required to be submitted to the Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. vi. The Grantee, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the TD Planning Grant Agreement 2019/20 Form Rev. 06/07/2019 St Lucie Page 5 of 22 Page 193 of 219 date the reporting package was delivered to the Grantee in correspondence accompanying the reporting package. vii. Upon receipt, and within six months, the Department will review the Grantee's financial reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate corrective action on all deficiencies has been taken pertaining to the state financial assistance provided through the Commission by this Agreement. If the Grantee fails to have an audit conducted consistent with Section 215.97, Florida Statutes, the Commission and/or the Department may take appropriate corrective action to enforce compliance. viii. As a condition of receiving state financial assistance, the Grantee shall permit the Commission, the Department, or its designee, the State's Chief Financial Officer (CFO) or the Auditor General access to the Grantee's records including financial statements, the independent auditor's working papers and project records as necessary. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is complete or the dispute is resolved. c. The Grantee shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Commission, the Department, or its designee, the State"s CFO, or the Auditor General access to such records upon request. The Grantee shall ensure that the audit working papers are made available to the Commission, the Department, or its designee, the State's CFO or the Auditor General upon request for a period of five years from the date the audit report is issued unless extended in writing by the Commission and/or the Department. 6.70 Inspection: The Grantee shall permit, and shall require its contractors to permit, the Commission's authorized representatives to inspect all work, materials, deliverables, records; and to audit the books, records and accounts pertaining to the financing and development of the Project at all reasonable times including upon completion of the Project, and without notice. 7.00 Compensation and Payments: In order to obtain any Commission funds, the Grantee shall; 7.10 File with the Commission for the Transportation Disadvantaged,, 605 Suwannee Street, Mail Station 49, Tallahassee, Florida, 32399-0450 its invoice on form or forms prescribed by the Commission, and such other data and deliverables pertaining to the Project as listed in Exhibit "A" hereof, as the Commission may require, to justify and support the invoices as specified in the Commission's Grant Agreement/Contract Invoicing Procedures. 7.11 Grantee certifies, under penalty of perjury, that the Agency will comply with the provisions of the Agreement and that all invoices and support documentation will be true and correct. 7.12 Financial Consequence: Payment shall not be made to the Grantee unless tasks have been completed and back up documentation as requested is provided to the Commission. The project must be completed no later than June 30, 2020. TD Planning Grant Agreement 2019/20 Form Rev. 06/07/2019 St Lucie Page 6 of 22 Page 194 of 219 7.20 The Commission's Obligations: Subject to other provisions hereof, the Commission will honor such invoices in amounts and at times deemed by the Commission to be proper and in accordance with this agreement to ensure the completion of the Project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Commission may give written notice to the Grantee that it will refuse to make a payment to the Grantee on the Project if: 7.21 Misrepresentation: The Grantee has made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, with respect to any document of data or certification furnished therewith or pursuant hereto; 7.22 Litigation: There is pending litigation with respect to the performance by the Grantee of any of its duties or obligations which may jeopardize or adversely affect the Project, the Agreement, or payments to the Project; 7.23 Required Submittals/Certifications: The Grantee has failed or refused to provide to the Commission detailed documentation of requisitions or certifications of actions taken; 7.24 Conflict of Interests: There has been any violation of the conflict of interest provisions, prohibited interests, or lobbying restrictions, contained herein; 7.25 Default: The Grantee has been determined by the Commission to be in default under any of the provisions of this Agreement and has been unable to resolve compliance issues once notified by the Commission; or 7.26 Supplanting of Funds: The Grantee has used Transportation Disadvantaged Trust Funds to replace or supplant available and appropriate funds for the same purposes, in violation of Chapter 427, Florida Statutes. 7.30 Invoices for Deliverables: Invoices for deliverables pursuant to this Agreement shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. Failure to submit to the Commission detailed supporting documentation with the invoice or request for project funds will be cause for the Commission to refuse to pay the amount claimed by the Grantee until the Commission is satisfied that the criteria set out in Chapters 287 and 427, Florida Statutes, Rules 3A-241 41-2, and 60A-1, Florida Administrative Code, and the Fiscal Year 2019-2020 Program Manual and Application for the Planning Grant is met. The Commission shall pay the Grantee for the satisfactory performance of each task as outlined in Exhibit "A" on a quarterly basis. 7.40 Commission Claims: If, after project completion, any claim is made by the Commission resulting from an audit or for work or services performed pursuant to this agreement, the Commission may offset such amount from payments due for work or services done under any grant agreement which it has with the Grantee owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Commission. Offsetting any amount pursuant to this section shall not be considered a breach of contract by the Commission. 8.00 Termination or Suspension of Project: TD Planning Grant Agreement 2019120 Form Rev. 06/07/2019 St Lucie Page 7 of 22 Page 195 of 219 8.10 Termination or Suspension Generally: If the Grantee abandons or, before completion, finally discontinues the Project; or if, by reason of any of the events or conditions set forth in Section 7.20 hereof, or for any other reason, the commencement, prosecution, or timely completion of the Project by the Grantee is rendered improbable, infeasible, impossible, or illegal, the Commission may, by written notice to the Grantee, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Commission may terminate any or all of its obligations under this Agreement. 8.20 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this Section, the Grantee shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, Project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as Project costs; and (3) remit to the Commission such portion of the financing and any advance payment previously received as is determined by the Commission to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Commission or upon the basis of terms and conditions imposed by the Commission upon the failure of the Grantee to furnish the schedule, plan, and budget within a reasonable time. The acceptance of a remittance by the Grantee shall not constitute a waiver of any claim which the Commission may otherwise have arising out of this Agreement. 8.30 Public Records: IF THE GRANTEE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE GRANTEE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: 850/410-5700 CTDOmbudsman@dot.state.fl.us 605 Suwannee Street, MS 49 Tallahassee, Florida 32399 The Grantee shall keep and maintain public records required by the Commission to perform the service of this agreement. Upon request from the Commission's custodian of public records, provide the Commission 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, Florida Statutes, or as otherwise provided by law. Ensure that 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 Grantee does not transfer the records to the Commission. TD Planning Grant Agreement 20I9/20 Forth Rev. 06/07/2019 St Lucie Page 8 of 22 Page 196 of 219 Upon completion of the agreement, transfer, at no cost, to the Commission all public records in possession of the Grantee or keep and maintain public records required by the Commission to perform the service. If the Grantee transfers all public records to the Commission upon completion of the contract, the Grantee shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Grantee keeps and maintains public records upon completion of the contract, the Grantee shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Commission, upon request from the Commission's custodian of public records, in a format that is compatible with the information technology systems of the Commission. Failure by the Grantee to comply with Chapter 119, Florida Statutes, shall be grounds for immediate unilateral cancellation of this Agreement by the Commission. 9.00 Contracts of the Grantee: 9.10 Third Party Agreements. The Grantee shall not execute any contract or obligate itself in any manner requiring the disbursement of Transportation Disadvantaged Trust Fund moneys, including contracts or amendments thereto, with any third party with respect to the Project without being able to provide a written certification by the Grantee that the contract or obligation was executed in accordance with the competitive procurement requirements of Chapter 287, Florida Statutes, Chapter 427, Florida Statutes, and the rules promulgated by the Department of Management Services. Failure to provide such certification, upon the Commission's request, shall be sufficient cause for nonpayment by the Commission as provided in Section 7.23. The Grantee agrees, that by entering into this Agreement, it explicitly certifies that all its third -party contracts will be executed in compliance with this section. 9.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Commission in a project with the Grantee, where said project involves a consultant contract for any services, is contingent on the Grantee complying in full with the provisions of Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act. The Grantee shall certify compliance with this law to the Commission for each consultant contract it enters. 9.30 Competitive Procurement: Procurement of all services or other commodities shall comply with the provisions of Section 287.057, Florida Statutes. 10.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 10.10 Equal Employment Opportunity: In connection with the carrying out of any Project, the Grantee shall not discriminate against any employee or applicant for employment because of race, age, disability, creed, color, sex or national origin. The Grantee will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, disability, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Grantee shall insert the TD Planning Grant Agreement 2019/20 Form Rev. 06/07/2019 St Lucie Page 9 of 22 Page 197 of 219 foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development of operation of the Project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. The Grantee shall post, in conspicuous places available to employees and applicants for employment for Project work, notices setting forth the provisions of the nondiscrimination clause. 10.20 Title VI - Civil Rights Act of 1964: The Grantee will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (78 Statute 252), the Regulations of the Federal Department of Transportation, the Regulations of the Federal Department of Justice, and the assurance by the Agency pursuant thereto. 10.30 Prohibited Interests: 10.31 Contracts or Purchases: Unless authorized in writing by the Commission, no officer of the Grantee, or employee acting in his or her official capacity as a purchasing agent, shall either directly or indirectly purchase, rent, or lease any realty, goods, or, services for the Grantee from any business entity of which the officer or employee or the officer's or employee's business associate or spouse or child is an officer, partner, director, or proprietor or in which such officer or employee or the officer's or employee's spouse or child, or any combination of them, has a material interest. 10.32 Business Conflicts: Unless authorized in writing by the Commission, it is unlawful for an officer or employee of the Grantee, or for any company, corporation, or firm in which an officer or employee of the Grantee has a financial interest, to bid on, enter into, or be personally interested in the purchase or the furnishing of any materials, services or supplies to be used in the work of this agreement or in the performance of any other work for which the Grantee is responsible. 10.33 Solicitations: No officer or employee of the Grantee shall directly or indirectly solicit or accept funds from any person who has, maintains, or seeks business relations with the Grantee. 10.34 Former Employees - Contractual Services: Unless authorized in writing by the Commission, no employee of the Grantee shall, within 1 year after retirement or termination, have or hold any employment or contractual relationship with any business entity about any contract for contractual services which was within his or her responsibility while an employee. 10.35 Former Employees - Consulting Services: The sum of money paid to a former employee of the Grantee during the first year after the cessation of his or her responsibilities, by the Grantee, for contractual services provided to the Grantee, shall not exceed the annual salary received on the date of cessation of his or her responsibilities. The provisions of this section may be waived by the Grantee for a particular contract if the Grantee determines, and the Commission approves, that such waiver will result in significant time or cost savings for the Grantee and the project. iD Planning Grant Agreement 2019/20 Form Rev. 06/07/2019 St Lucie Page 10 of 22 Page 198 of 219 The Grantee shall insert: in all contracts entered into in connection with this Agreement and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer, or employee of the Grantee during his tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this section shall not be applicable to any agreement between the Grantee and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency. 10.40 Nondiscrimination of Persons With Disabilities: The Grantee and any of its contractors or their sub -contractors shall not discriminate against anyone on the basis of a disability (physical, mental or emotional impairment). The Grantee agrees that no funds shall be used to rent, lease or barter any real property that is not accessible to persons with disabilities nor shall any meeting be held in any facility unless the facility is accessible to persons with disabilities. The Grantee shall also assure compliance with The Americans with Disabilities Act, as it may be amended from time to time. 10.50 lobbying Prohibition: No Grantee may use any funds received pursuant to this Agreement for the purpose of lobbying the Legislature, the judicial branch, or a state agency. No Grantee may employ any person or organization with funds received pursuant to this Agreement for the purpose of lobbying the Legislature, the judicial branch, or a state agency. The "purpose of lobbying" includes, but is not limited to, salaries, travel expenses and per diem, the cost for publication and distribution of each publication used in lobbying; other printing; media; advertising, including production costs; postage; entertainment; telephone; and association dues. The provisions of this paragraph supplement the provisions of Section 11.062, Florida Statutes, which is incorporated by reference into this Agreement. 10.60 Public Entity Crimes: No Grantee shall accept any bid from, award any contract to, or transact any business with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to Section 287.133, Florida Statutes. The Grantee may not allow such a person or affiliate to perform work as a contractor, supplier, subcontractor, or consultant under a contract with the Grantee. If the Grantee was transacting business with a person at the time of the commission of a public entity crime which resulted in that person being placed on the convicted vendor list, the Grantee may also not accept any bid from, award any contract to, or transact any business with any other person who is under the same, or substantially the same, control as the person whose name appears on the convicted vendor list so long as that persons name appears on the convicted vendor list. 10.70 Homeland Security: Grantee shall utilize the U.S. Department of Homeland Security's F-Verify system, in accordance with the terms governing use of the system, to confirm the employment eligibility of: 1. all new persons employed by the grantee during the term of the grant agreement to perform employment duties within Florida; and Td Planning Grant Agreement 2019/20 Form Rev.06/07/2019 St Lucie Page 11 of 22 Page 199 of 219 2. all new persons, including subcontractors, assigned by the grantee to perform work pursuant to the contract with the Commission. The Commission shall consider the employment by any vendor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the vendor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this agreement. Refer to the U.S. Department of Homeland Security's website at www.dhs.gov to learn more about E-Verify. 11.00 Miscellaneous Provisions: 11.10 Environmental Pollution: Not applicable. 11.20 Commission Not Obligated to Third Parties: The Commission shall not be obligated or liable hereunder to any party other than the Grantee. 11.30 When Rights and Remedies Not Waived: In no event shall the making by the Commission of any payment to the Grantee constitute or be construed as a waiver by the Commission of any breach of covenant or any default which may then exist, on the part of the Grantee, and the making of such payment by the Commission while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Commission for such breach or default. 11.40 How Contract Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the provision shall be severable and the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. 11.50 Bongs and Commissions: By execution of the Grant, the Grantee represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its financing hereunder. 11.60 State or Territorial Law: Nothing in the Agreement shall require the Grantee to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Grantee will at once notify the Commission in writing in order that appropriate changes and modifications may be made by the Commission and the Agency to the end that the Grantee may proceed as soon as possible with the Project. 11.70 Venue: This agreement shall be governed by and construed in accordance with the law of the State of Florida. In the event of a conflict between any portion of the contract and the Florida law, the laws of Florida shall prevail. The Grantee agrees to waive forum and venue and that the Commission shall determine the forum and venue in which any dispute under this Agreement is decided. 12.00 Contractual Indemnity: It is not intended by any of the provision of this Agreement to create in the public or any member thereof, a third -party beneficiary under this Agreement, or to authorize TD Planning Grant Agreement 2019/20 Form Rev.06/07/2019 St Lucie Page 12 of 22 Page 200 of 219 anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The Grantee guaranties the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Grantee or any subcontractor, in connection with this Agreement. Additionally, to the extent permitted by law and as limited by and pursuant to the provisions of Section 768.28, Florida Statutes, the Grantee agreements to indemnify, and hold harmless the Commission, including the Commission's officers and employees, from liabilities, damages, losses, and costs, including but not limited to, reasonable attorney's fees, to the extent caused by negligence, recklessness, or intentional wrongful misconduct of the Grantee and persons employed or utilized by the Grantee in the performance of this Agreement. This indemnification shall survive the termination of this agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Grantee's sovereign immunity. Additionally, the Grantee agrees to include the following indemnification in all contracts with contractors/subcontractors and consultants/subconsultants who perform work in connection with this agreement. "To the fullest extent permitted by law, the Grantee's contractor/consultant shall indemnify, and hold harmless the Commission for the Transportation Disadvantaged, including the Commission's officers and employees, from liabilities, damages, losses, and costs, including but not limited to, reasonable attorney's fees, to the extent caused by negligence, recklessness, or intentional wrongful misconduct of the Contractor/consultant and persons employed or utilized by the contractor/consultant in the performance of this Agreement. This indemnification shall survive the termination of this agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Grantee's sovereign immunity." 13.00 Appropriation of Funds: The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Legislature. If applicable, Grantee's performance of its obligations under this Agreement is subject to an appropriation by the Grantee's Board of County Commissioners for the purposes set forth hereunder. The Commission acknowledges where the Grantee is a political subdivision of the State of Florida it is authorized to act in accordance with the Grantee's purchasing ordinance(s), laws, rules and regulations. 14.00 Expiration of Agreement. The Grantee agrees to complete the Project on or before June 30, 2020. If the Grantee does not complete the Project within this time period, this agreement will expire. Expiration of this agreement will be considered termination of the Project and the procedure established in Section 8.00 of this agreement shall be initiated. For the purpose of this Section, completion of project is defined as the latest date by which all required tasks have been completed, as provided in the project description (Exhibit "A"). Unless otherwise extended by the Commission, all reimbursement invoices must be received by the Commission no later than August 15, 2020. 1.5.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. TD Planning Grant Agreement 2019/20 Form Rev. 06/07/2019 Page 13 of 22 St Lucie Page 201 of 219 16.00 Execution of Agreement. This agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 17.00 Vendors and Subcontractors Rights: Vendors (in this document identified as Grantee) providing goods and services to the Commission will receive payments in accordance with Section 215.422, Florida Statutes. The parties hereto acknowledge Section 215.422, Florida Statutes, and hereby agree that the time in which the Commission is required to approve and inspect goods and services shall be for a period not to exceed eleven (11) working days upon receipt of a proper invoice. The Florida Department of Transportation has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The twenty (20) days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. If a payment is not available within forty (40) days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes will be due and payable, in addition to the invoice amount to the Grantee. Interest penalties of less than one (1) dollar will not be enforced unless the Grantee requests payment. Invoices that have to be returned to a Grantee because of Grantee preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Commission. A Vendor Ombudsman has been established within the Department of Management Services. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from the Commission. The Vendor Ombudsman may be contacted at (850) 413-5516. Vendors may also contact the Department of Financial Services Consumer Hotline at 1-800-342-2762. 18.00 Payment to Subcontractors: Payment by the Grantee to all subcontractors with approved third -party contracts shall be in compliance with Section 287.0585, Florida Statutes. Each third -party contract from the Grantee to a subcontractor for goods or services to be performed in whole or in part with Transportation Disadvantaged Trust Fund moneys, must contain the following statement; When a contractor receives from a state agency any payment for contractual services, commodities, supplies, or construction contracts, except those construction contracts subject to the provisions of chapter 339, the contractor shall pay such moneys received to each subcontractor and supplier in proportion to the percentage of work completed by each subcontractor and supplier at the time of receipt of the payment. If the contractor receives less than full payment, then the contractor shall be required to disburse only the funds received on a pro rata basis with the contractor, subcontractors, and suppliers, each receiving a prorated portion based on the amount due on the payment. If the contractor without reasonable cause fails to make payments required by this section to subcontractors and suppliers within 7 working days after the receipt by the contractor of full or partial payment, the contractor shall pay to the subcontractors and suppliers a penalty in the amount of one-half of 1 percent of the amount due, per day, from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed 15 percent of the outstanding balance due. In addition to other fines or penalties, a person found not in compliance with any provision TD Planning Grant Agreement 2019/20 Form Rev. 06/07/2019 St Lucie Page 14 of 22 Page 202 of 219 of this subsection may be ordered by the court to make restitution for attorneys fees and all related costs to the aggrieved party or the Department of Legal Affairs when it provides legal assistance pursuant to this section. The Department of Legal Affairs may provide legal assistance to subcontractors or vendors in proceedings brought against contractors under the provisions of this section. 19.00 Modification: This Agreement may not be changed or modified unless authorized in writing by both parties. TD Planning Grant Agreement 2019/20 Form Rev.06/07/2019 St Lucie Page 15 of 22 Page 203 of 219 FM/JOB Nos . 43202911401 CONTRACT NO. G1885 AGREEMENT DATE I IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. GRANTEE: ST. LUCIE METROPOLITAN PLANNING ORGANIZATION DBA ST. LUCIE TPO TITLE: Oxec'jt-'Ve ►J i r`GG tu✓ TD Planning Grant Agreement 2019/20 Form Rev.06/07/2019 St Lucie COMMISSION FOR THE TRANSPORTATION DISADVANTAGED TITLE: Executive Director (Commission Designee Page 16 of 22 Page 204 of 219 OB No(s}. 43202911401 CONTRACT NO. G1885 AGREEMENT DATE 7/ � j q EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES: PLANNING This exhibit forms an integral part of that Grant Agreement, between the State of Florida, Commission for the Transportation Disadvantaged and St. Lucie Metropolitan P.1anning Organization dba St. Lucie TPO, 2300 Virginia Avenue, Fort Pierce, Florida 34982. I, PROJECT LOCATION: St Lucie County(ies) II. PROJECT DESCRIPTION: This project provides for the accomplishment of the duties and responsibilities of the Designated Official Planning Agency as set forth in Chapter 427, Florida Statutes, Rule 41-21 Florida Administrative Code, Commission policies and the Fiscal Year 2019-20 Program Manual and Application for the Planning Grant. The project period will begin on the date of this agreement and will end on the date indicated in Section 14.00 hereof. Specific required tasks are as follows: TASK 1: Weighted value = 17% Jointly develop and annually update the Transportation Disadvantaged Service Plan (TDSP) with the community transportation coordinator (CTC) and the Local Coordinating Board (LCB). Deliverable: Complete initial TDSP or annual updates. Must be approved by the LCB no later than .June 30th of the current grant cycle. TASK 2 A: Weighted value = 15% When necessary and in cooperation with the LCB, solicit and recommend a CTC. The selection will be accomplished, to the maximum extent feasible, through public competitive bidding or proposals in accordance with applicable laws and rules. Such recommendation shall be presented to the Commission by planning agency staff or their designee as needed. Deliverable: Planning agency's letter of recommendation and signed resolution. TASK 2 B: Provide staff support to the LCB in conducting an annual evaluation of the CTC, including local developed standards as delineated in the adopted TDSP. Assist the Commission in joint reviews of the CTC. Deliverable: LCB and planning agency selected CTC evaluation worksheets pursuant to the most recent version of the Commission's CTC Evaluation Workbook. TD Planning Grant Agreement 2019/20 Form Rev.06/07/2019 St Lucie Page 17 of 22 Page 205 of 219 TASK 3: Weighted value = 40% Organize and provide staff support and related resources for at least four (4) LCB meetings per year, holding one meeting during each quarter. Exceptions to reschedule meeting(s) outside of a quarter due to the imminent threat of a natural disaster may be granted by the Commission. Provide staff support for committees of the LCB. Provide program orientation and training for newly appointed LCB members. Provide public notice of LCB meetings in accordance with the most recent LCB and Planning Agency Operating Guidelines. LCB meetings will be held in accordance with the Commission's most recent LCB and Planning Agency Operating Guidelines and will include at least the following: 1. Agendas for LCB meetings. Agenda should include action items, informational items and an opportunity for public comment. 2. Official minutes of LCB meetings and committee meetings (regardless of a quorum). A copy will be submitted along with the quarterly report to the Commission. Minutes will at least be in the form of a brief summary of basic points, discussions, decisions, and recommendations. Records of all meetings shall be kept for at least five years. 3. A current full and active membership of voting and non -voting members to the LCB. Any time there is a change in the membership, provide the Commission with a current membership roster and mailing list of LCB members. 4. A report of the LCB membership's attendance at the LCB meeting held during this grant period. This would not include committee meetings. Deliverable: LCB Meeting agendas; minutes; membership roster; attendance report; copy of public notice of meetings; training notification. TASK 4: Weighted value = 4% Provide at least one public workshop annually by each LCB, and assist the Commission, as requested, in co -sponsoring public workshops. This public workshop must be held separately from the LCB meeting. It may, however, be held on the same day as the scheduled LCB meeting. It could be held immediately following or prior to the LCB meeting. Deliverable: Public workshop agenda and minutes of related workshop only. The agenda and minutes must be separate documents and cannot be included in the LCB meeting agenda and minutes, if held on the same day. Minutes may reflect "no comments received" if none were made. TASK 5: Weighted value = 4% Develop and annually update by-laws for LCB approval. Deliverable: Copy of LCB approved by-laws with date of update noted on cover page and signature of LCB Chair or designee. T© Planning Grant Agreement 2019/20 Form Rev. 06/07/2019 Page 18 of 22 St Lucie Page 206 of 219 TASK 6: Weighted value = 4% Develop, annually update, and implement LCB grievance procedures in accordance with the Commission's most recent LCB and Planning Agency Operating Guidelines. Procedures shall include a step within the local complaint and/or grievance procedure that advises a dissatisfied person about the Commission's Ombudsman Program. Deliverable: Copy of LCB approved Grievance Procedures with date of update noted on cover page. TASK 7: Weighted value = 4% Review and comment on the Annual Operating Report (AOR) for submittal to the LCB, and forward comments/concerns to the Commission. Deliverable: Cover Page of AOR, signed by CTC representative and LCB Chair. TASK 8: Weighted value = 4% Research and complete the Actual Expenditures Report (AER) for direct federal and local government transportation funds to the Commission no later than September 15th. Complete the AER, using the Commission approved form. Deliverable: Completed AER in accordance with the most recent Commission's AER instructions. TASK 9: Weighted value = 4% Complete quarterly progress reports addressing planning accomplishments for the local transportation disadvantaged program as well as planning grant deliverables; including but not limited to, consultant contracts, special studies, and marketing efforts. Deliverable: Complete Quarterly Progress Reports submitted with invoices. Quarterly Report must be signed by planning agency representative. Electronic signatures are acceptable. TASK 10: Weighted value = 4% Planning agency staff shall attend at least one Commission sponsored training, including but not limited to, the Commission's regional meetings or annual training workshop. Deliverable: Documentation related to attendance at such event(s); including but not limited to sign in sheets. III. Special Considerations by Planning Agency: Not Applicable IV. Special Considerations by Commission: Not Applicable TD Planning Grant Agreement 2019/20 Form Rev.06/0712019 St Lucie Page 19 of 22 Page 207 of 219 FM/JOB No(s). 43202911.401. CONTRACT NO. G1885 AGREEMENT DATE 7 ) 1 1 q EXHIBIT "B" PROJECT BUDGET AND CASHFLOW This exhibit forms an integral part of that certain Grant Agreement between the Florida Commission for the Transportation Disadvantaged and St. Lucie Metropolitan Planning Organization dba St. Lucie.TPO, 2300 Virginia Avenue, Fort Pierce, _Florida 34982. I. PROJECT COST: Estimated Project Cost shall conform to those eligible Costs as indicated by Chapter 427, Florida Statutes, Rule 41-2, Florida Administrative Code, Commission policies, and the Fiscal Year 2019-20 Program Manual and Application for the Planning Grant. For the required services, compensation shall be the total maximum limiting amount of $25,777.00 for related planning services in St Lucie County(ies) Task 1 17% $4,382.09 Task 2 150/0 $3,866.55 Task 3 40% $10,310.80 Task 4 4% $1,031.08 Task 5 4% $1,031.08 Task 6 4% $1,031.08 Task 7 4% $1,031.08 Task 8 40/a $1,031.08 Task 9 4% $1,031.08 Task 10 4% $1,031.08 TOTAL: 100% $25,777.00 II. SOURCE OF FUNDS Commission for the Transportation Disadvantaged State Funds (100%) 2.5 777.00 Total Project Cost $25,777.00 III. CASH FLOW — Not applicable. Grantee will be paid based on satisfactory performance of each task detailed in Exhibit A. Jul Aug Sep Oct Nov Dec Jan Feb Mar FY 19/20 TD Planning Grant Agreement 2019/20 Form Rev. 06/07/2019 St Lucie Apr May June Page 20 of 22 Page 208 of 219 FM/JOB No(s). 43202911401 CONTRACT NO. G1885 AGREEMENT DATE 7 / C EXHIBIT "C" PLANNING This exhibit forms an integral part of that certain Grant Agreement between the Florida Commission for the Transportation Disadvantaged and St. Lucie Metropolitan Planning Organization dba St.Lucie TPO, 2300 Virginia Avenue, Fort Pierce, Florida 34982. THE GRANTEE SHALL SUBMIT THE FOLLOWING REQUIRED DOCUMENTS AND CERTIFICATIONS: IZ614111010110 1. Submit progress reports to the Commission quarterly. Finished products such as, but not limited to, the Coordinating Board minutes, by-laws, grievance procedures, and the Transportation Disadvantaged Service Plan, shall be submitted to the Commission. Progress reports and finished products are required to accompany all reimbursement invoices. Invoices and deliverables shall be submitted electronically to: Florida Commission for the Transportation Disadvantaged FLCTDInvoice(adot.state. fl.us THIRD PARTY CONTRACTS. The Grantee must certify to all third party contracts pursuant to Section 9.10 except that written approval is hereby granted for: Contracts furnishing contractual services or commodities from a valid State or inter- governmental contract as set forth in Section 287.042(2), Florida Statutes. 2. Contracts furnishing contractual services or commodities for an amount less than Category II as set forth in Section 287.107(1)(b), Florida Statutes. 3. Contracts for consultant services for an amount less than Category I as set forth in Section 287.017(1)(a), Florida Statutes. TD Planning Grant Agreement 2019/20 Form Rev.06/07/2019 St Lucie Page 21 of 22 Page 209 of 219 FM/JOB No(s). 43202911401 CONTRACT NO. G1885 AGREEMENT DATE 1 / �] EXHIBIT "D" STATE FINANCIAL ASSISTANCE (FLORIDA SINGLE AUDIT ACT) THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97, FLORIDA STATUTES: Commission for the Transportation Disadvantaged/Florida Department Awarding Agency: of Transportation State Project Title: COMMISSION FOR THE TRANSPORTATION DISADVANTAGED (CTD) PLANNING GRANT PROGRAM CSFA Number: 55.002 Award Amount: $25,777.00 *The state award amount may change with supplemental agreements Specific project information for CSFA Number 55.002 is provided at: https://apps.fldfs.com/fsaa/searchCatalog.aspx COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT: State Project Compliance Requirements for CSFA Number 55.002 are provided at: https:Happs.fldfs.com/fsaa/searchCompliance.aspx The State Projects Compliance Supplement is provided at: https:Happs.fldfs.com/fsaa/comi)liance.aspx TD Planning Grant Agreement 2019/20 Form Rev.06/07/2019 St Lucie Page 22 of 22 Page 210 of 219 RESOLUTION WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the Florida Commission for the Transportation Disadvantaged, in the amount of the $25,777. The funds are to be used by the Transportation Planning Organization (TPO) per the Florida Commission for the Transportation Disadvantaged Planning Grant Agreement. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 3rd day of September, 2019, pursuant to Section 129.06 (d), Florida Statutes that such funds are hereby appropriated for the fiscal year 2018-2019, and the County's budget is hereby amended as follows: REVENUE 001477-1540-334491-100 Transportation Disadvantaged $25,777 APPROPRIATIONS 001477-1540-512000-100 Salaries $25,777 After motion and second the vote on this resolution was as follows: Commissioner Linda Bartz, Chair XXX Commissioner Cathy Townsend, Vice Chair XXX Commissioner Chris Dzadovsky XXX Commissioner Sean Mitchell XXX Commissioner Frannie Hutchinson XXX PASSED AND DULY ADOPTED THIS 3RD DAY OF SEPTEMBER, 2019. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Page 211 of 219 CnLINTY AGENDA DA REQUEST TO: Board of County Commissioners PRESENTED BY: Daniel McIntyre, County Attorney SUBMITTED BY: County Attorney 10.A.1. RES-2019-180 CONSENT AGENDA -COUNTY ATTORNEY DATE: 9/10/2019 *RESOLUTION ITEM - BOARD ACCEPTANCE QUASI-JUDICIAL ITEM? NO SUBJECT: Resolution No. 19-180 - Encouraging IRL Council adoption of Indian River Lagoon National Estuary Program Comprehensive Conservation and Management Plan: "Looking Ahead To 2030" - Item placement modified BACKGROUND: It has been requested that this Board encourage IRL Council adoption of Indian River Lagoon National Estuary Program Comprehensive Conservation and Management Plan. The attached resolution has been drafted for that purpose. PREVIOUS ACTION: N\A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board approval of the attached resolution 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 Page 212 of 219 EXCUSED: None Daniel McIntyre, County Attorney Coordination/Signatures N 8/22/2019 Amy Griffin, Environmental Resources Director 8/22/2019 Patrick Dayan, Water Quality Manager 8/22/2019 Don West, Public Works Director 8/22/2019 Mark Satterlee, Deputy County Administrator 8/27/2019 Page 213 of 219 RESOLUTION NO. 2019-180 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONER OF ST. LUCIE COUNTY, FLORIDA, IN SUPPORT FOR OF INDIAN RIVER LAGOON (IRL) COUNCIL ADOPTION OF INDIAN RIVER LAGOON NATIONAL ESTUARY PROGRAM (IRLNEP) COMPREHENSIVE CONSERVATION AND MANAGEMENT PLAN: "LOOKING AHEAD TO 2030". WHEREAS: St. Lucie County is a member of the IRL Council, an independent Special District of Florida pursuant to an Interlocal Agreement created in 2015 and amended in 2017; and WHEREAS: the IRL Council was created with the sole purpose to serve as the host agency for the St. Lucie Lagoon National Estuary Program (IRLNEP); and WHEREAS: the IRL Council and IRLNEP have adopted the following: VISION: Healthy Ecosystem —Healthy Communities —Healthy Economy MISSION: One Lagoon — One Community — One Voice PROMISE: Clean Water for People and Nature GOALS: 1. To attain and maintain water and sediment of sufficient quality to support a healthy estuarine lagoon ecosystem; 2. To attain and maintain a functioning, healthy ecosystem which supports endangered and threatened species, fisheries, commerce and recreation; 3. To achieve heightened public awareness and coordinated interagency management of the IRL ecosystem; and 4. To identify and develop long-term funding sources for prioritized projects and programs to preserve, protect, restore and enhance the IRL; and WHEREAS, the IRLNEP engages Indian River Lagoon partners (IRLNEP Management Conference) in a non -regulatory, consensus -driven, and science -based process to develop and implement a Comprehensive Conservation and Management Plan (CCMP) to protect and improve coastal environments, communities and economies; and WHEREAS, the IRLNEP Management Conference developed a revised IRL CCMP: "Looking Ahead to 2030" that represents a science -based pathway to restore ecosystem and economic health to the IRLthat is long-term, non -regulatory, consensus -driven, and community -based; and WHEREAS, the final CCMP was revised with significant input from citizens throughout the IRL watershed; and Page 214 of 219 WHEREAS, the final CCMP was reviewed by the U.S. Environmental Protection Agency (EPA) at Region IV (Atlanta) and Headquarters (Washington DC). The IRLNEP received a certification letter dated July 23, 2019 from the U.S. EPA verifying that the CCMP revision is consistent with the U.S. EPA CCMP Revision and Update Guidelines and NEP Funding Guidance. Therefore, the CCMP revision is considered final by the U.S. EPA. NOW THEREFORE BE IT RESOLVED that the St. Lucie County Board of County Commissioners encourages the IRL Council to adopt the Indian River Lagoon Comprehensive Conservation and Management Plan: "Looking Ahead to 2030" and to move forward with Indian River Lagoon partners to implement the plan. After motion and second the vote on this resolution was as follows: Commissioner Linda Bartz, Chair XXX Commissioner Cathy Townsend, Vice Chair XXX Commissioner Chris Dzadovsky XXX Commissioner Sean Mitchell XXX Commissioner Frannie Hutchinson XXX PASSED AND DULY ADOPTED THIS DAY OF , 2019. ATTEST: L.", BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA DEPUTY CLERK CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Page 215 of 219 9 1111010�,-NW COUNTY F L O R I D Ar TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners Ron Parrish, Public Safety Director Public Safety 10.13.1. 2019-46761 CONSENT AGENDA -PUBLIC SAFETY DATE: 9/10/2019 *ACTION ITEM - BOARD ACCEPTANCE Humane Society St. Lucie County / Second Chance Termination - Item placement modified Over the past twelve (12) to fifteen (15) months, St. Lucie County, the City of Port St. Lucie and the City of Ft. Pierce have worked diligently to find reasonable terms for a collective agreement with the HSSLC, to no avail. Recent correspondence from the HSSLC / Second Chance has been less than amicable and has had overtures of impasse with the three municipalities. Efforts by each of the municipalities have been thwarted, rejected or overtly refused by the HSSLC Board of Directors. St. Lucie County has worked collectively with both of the cities to find solutions to the ever challenging dilemma of managing, caring for and sheltering animals with HSSLC. Because of the nature of these issues and the impacts of this dilemma countywide, staff from each entity, which included Administration, Legal and Management, have met on numerous occasions to discuss the options and possible solutions. Collectively, it has been determined that we must find another solution to protect the animals of both the county and the two cities. We have identified a temporary site to house the animals which will require some renovation to be able to accomplish this task. At this time both of the cities' governing bodies have taken the necessary action to dissolve (let expire) the current contracts and not enter into any future agreements with the HSSLC. On 08/05/19, the City of Ft. Pierce Commission directed staff to move forward with the dissolution of both the lease agreement as well as the contract with HSSLC. On 08/19/19, the City of Port St. Lucie Council also decided not to not enter into an agreement with the HSSLC and to continue to work collectively with the other governmental agencies in finding a better solution to shelter and manage animal services. PREVIOUS ACTION: Page 216 of 219 Board of County Commissioners approved the FY18-19 contract with the Humane Society on September 18, 2018. FINANCIAL IMPACT: $250,000 is available in the proposed FY2019-2020 budget (102-6240-582004-240000). RECOMMENDATION: Staff recommends the Board not renew or extend the agreement with the HSSLC, and direct staff to continue to work with the City of Port St. Lucie, the City of Ft. Pierce collectively to employ a better solution in the protection of our animals. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Ron Parrish, Public Safety Director Coordination/Signatures 8/21/2019 Jennifer Hill, Office of Management & Budget Director 8/21/2019 —U Daniel McIntyre, County Attorney Howard Tipton, County Administrator 8/21/2019 8/22/2019_____._ Page 217 of 219 LINDA BARTZ CHAIR DISTRICT 3 CATHY TOWNSEND VICE -CHAIR DISTRICT 5 CHRIS DZADOVSKY DISTRICT 1 SEAN MITCHELL DISTRICT 2 FRANNIE HUTCHINSON DISTRICT 4 HOWARD N. TIPTON COUNTY ADMINISTRATOR DAN MCINTYRE COUNTY ATTORNEY MAILING ADDRESS 15305 W. MIDwAY RD. FT. PIERCE, FL. 34945 PHONE (772) 462-81 10 TDD (772) 462-1428 FAX (772) 462-2305 E-MAIL PARRISHR@STLUCIECO.ORG WEBSITE WWW.STLUCIECO.GOV DEPARTMENT OF PUBLIC SAFETY Ron Parrish, Director 08/20/2019 TO: Board of County Commissioner's THROUGH: Howard Tipton, County Administrator Jeff Bremer, Assistant County Administrator FROM: Ron Parrish, Public Safety Director REF: Humane Society St. Lucie County / Second Chance termination This memo is to inform you of the challenges we have faced with the Humane Society of St. Lucie County (HSSLC), A.K.A. Second Chance Animal Shelter. Over the past twelve (12) to fifteen (15) months, St. Lucie County, the City of Port St. Lucie and the City of Ft. Pierce have worked diligently to find reasonable terms for a collective agreement with the HSSLC, to no avail. Recent correspondence from the HSSLC / Second Chance has been less than amicable and has had overtures of impasse with the three municipalities. Efforts by each of the municipalities have been thwarted, rejected or overtly refused by the HSSLC Board of Directors. St. Lucie County has worked collectively with both of the cities to find solutions to the ever challenging dilemma of managing, caring for and sheltering animals with HSSLC. Because of the nature of these issues and the impacts of this dilemma countywide, staff from each entity, which included Administration, Legal and Management, have met on numerous occasions to discuss the options and possible solutions. Collectively, it has been determined that we must find another solution to protect the animals of both the county and the two cities. We have identified a temporary site to house the animals which will require some renovation to be able to accomplish this task. At this time both of the cities' governing bodies have taken the necessary action to dissolve (let expire) the current contracts and not enter into any future agreements with the HSSLC. On 08/05/19, the City of Ft. Pierce Commission directed staff to move forward with the dissolution of both the lease agreement as well as the contract with HSSLC. On 08/19/19, the City of Port St. Lucie Council also decided not to not enter into an agreement with the HSSLC and to continue to work collectively with the other governmental agencies in finding a better solution to shelter and manage animal services. As stated above, staff has been working collectively with the two cities throughout this process. The County's current agreement with the HSSLC will terminate on October 1, 2019. Staff is recommending that the Board not renew or extend the agreement with ST. LUCIEpygVeg � Page 2 of 2 the HSSLC, and direct staff to continue to work with the City of Port St. Lucie, the City of Ft. Pierce collectively to employ a better solution in the protection of our animals. ST. LUCIE `"NORMS Page 219 of 219