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HomeMy WebLinkAboutAgenda Packet 02.20.2018T. ®lI COUNTY F LORI D A BOARD OF COUNTY COMMISSIONERS AGENDA ST. LUCIE COUNTY Regular Meeting Tuesday, February 20, 2018 9:00 AM St. Lucie County Commission Chambers 2300 Virginia Avenue 3rd Floor of Roger Poitras Building Fort Pierce, FL 34982 BOARD MEMBERS District No. 4, Chair FRANNIE HUTCHINSON District No. 3, Vice -Chair LINDA BARTZ District No. 1 CHRIS DZADOVSKY District No. 5 CATHY TOWNSEND Mission Statement To provide service, infrastructure and leadership necessary to advance a safe and sustainable community, maintain a high quality of life, and protect the natural environment for all our citizens Generated 212012018 8:21 AM Regular Meeting Tuesday, February 20, 2018 9:00 AM WELCOME All meetings are televised. All meetings provided with wireless internet access for public convenience. Please turn off all cell phones and pagers prior to entering the commission chambers. Please mute the volume on all laptops and PDAs while in use in the commission chambers. GENERAL RULES AND PROCEDURES —Attached is the agenda, which will determine the order of business conducted at today's Board meeting. INVOCATION -PLEDGE — To bring order and decorum to its meeting, the Board begins its meetings with an invocation followed by the Pledge of Allegiance. Participation is voluntary. CONSENT AGENDA — These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA — Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually, usually in the order listed on the agenda. PUBLIC HEARINGS — These items are usually heard on the first Tuesdays at 6 p.m. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on the third Tuesday, which begins at 9 a.m., then public hearings will be heard at 9 a.m. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior 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. 2 1 P a g e Regular Meeting Tuesday, February 20, 2018 9:00 AM 1. CALL TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES A. Board of County Commissioners minutes for the meeting of Tuesday, February 06, 2018 5. PROCLAMATIONS APPROVAL There are no items scheduled. 6. PUBLIC COMMENT (excluding Public Hearing items) 7. PRESENTATIONS A. Excess Fees Presentation - Joseph E. Smith, St. Lucie County Clerk of Circuit Court 8. CONSENT AGENDA A. WARRANTS B. ADMINISTRATION 1. 2018 Federal Legislative Agenda Add -On Staff recommends Board approval of the 2018 Federal Legislative Agenda items and requests. C. COUNTY ATTORNEY 1. Declarations of the St. Lucie County Public Safety Director Declaring a State of Local Emergency for Hurricane Irma Staff recommends that the Board ratify the four Declarations of Emergency for Hurricane Irma dated January 4, 2018, January 11, 2018, January 18, 2018 and January 25, 2018. 2. Request from Finance Director for BOCC Record Destruction 3 1 P a g e Regular Meeting Tuesday, February 20, 2018 9:00 AM Staff recommends the Board approve the destruction of the records as requested. 3. Resolution - Adoption of FDOT Local Agency Program (LAP) Title VI/Nondiscrimination Policy and Plan Staff recommends the Board adopt the proposed resolution as drafted, subject to Florida Department of Transportation approval. 4. Resolution - Accepting Transit Shelter Easement from BW Prima Vista Floresta, LLC Staff recommends the Board adopt the resolution accepting the transit shelter easement from BW Prima Vista Floresta, LLC. 5. Resolution - Amending Purchasing Manual to Incorporate FEMA Procurement Requirements Staff recommends the Board adopt the proposed resolution as drafted. 6. Revocable License Agreement - OF/IFAS install fence across Pruitt Research Center Road at Rock Road Staff recommends the Board approve the revocable license agreement with OF/IFAS, authorize the Chair to execute the agreement and direct OF/IFAS to pay to record the agreement in the public records of St. Lucie County, Florida. 7. Revocable License Agreement - Fence - Drainage/Utility Easement - Holiday Pines Subdivision Phase II-B - Cowan - 4909 Eagle Drive - Parcel ID 1312-801-0050-000-5 Staff recommends that the Board approve the revocable license agreement, authorize the Chair to sign the agreement and direct Mr. Cowan to record the agreement in the public records of St. Lucie County, Florida. 8. Permanent Drainage Easement - Lakewood Park Unit 10 - 6011 Lantana Drive - Parcel 1301-612-0394-000-4 and 1301-612-0395-000-1 Staff recommends the Board accept the Permanent Drainage Easement from Ronald and Velda Grandjean, authorize the Chair to sign the resolution and direct staff to record the documents in the public records of St. Lucie County, Florida. 9. Proposed Sabal Creek Municipal Services Unit (MSBU) - Partial Assignment of Dedications, Easements, and Rights -of -Way Staff recommends Board acceptance of the partial assignment of dedications, easements, and rights -of -way for the proposed Sabal Creek MSBU, authorize the Chair to sign the assignment and direct staff to proceed with holding the public hearing for the Board to consider creating the Sabal Creek MSBU and accept the petitions. 10. Request for an Order pursuant to Article II, Chapter 2-5 of the St. Lucie County Code of Ordinances and Compiled Laws, to demolish the Unsafe Structure at 1006 Midway Road, White City, Florida. 4 1 P a g E Regular Meeting Tuesday, February 20, 2018 9:00 AM Staff recommends, under the provisions of Section 7-42 of the St. Lucie County Code of Ordinances and Compiled Laws, that the Board accept the Certified Report of Inspection of Buildings for filing, declare the building to be unsafe, and order that a public hearing be held so that the Board may take such further action, as it is appropriate with regard to the unsafe building at 1006 Midway Road, White City, Florida. 11. Budget Resolution - Accepting remaining funds from the former Arts & Cultural Alliance in the amount of approximately $47,807.00 Staff recommends Board approval of the budget resolution accepting the remaining funds, accept ownership of the art work, terminate the Facilities Use Agreement, remove ACA as the Council for the Arts in Public Places Code and as the official Local Arts Agency (LAA) for the County with the Division of Cultural Affairs and authorization for the Chair to sign documents as approved by the County Attorney. D. COMMUNITY SERVICES There are no items scheduled. E. COURT ADMINISTRATION There are no items scheduled. F. ENVIRONMENTAL RESOURCES There are no items scheduled. G. FACILITIES There are no items scheduled. H. HUMAN RESOURCES 1. Regernative Medical Group (RMG) Wellness Contract Staff recommends Board approval of the RMG Wellness Agreement and authorize the Chair to sign the agreement. 2. Employee Health & Wellness Center Port St. Lucie Staff recommends Board approval of the equipment purchase and build out for the Employee Health & Wellness Center in PSL, also to allow the X-ray machine be purchased from Browns Medical imaging as a sole source due the current agreement to provide service at the Fort Pierce Location. INFORMATION TECHNOLOGY There are no items scheduled. J. LIBRARY SERVICES 5 1 P a g E Regular Meeting Tuesday, February 20, 2018 9:00 AM 1. Resolution - Association for Library Service to Children (ALSC)/Baker & Taylor (B&T) Summer Reading Program Grant Staff recommends approval of the resolution and authorization for the Chair to sign documents as approved by the County Attorney. K. MOSQUITO CONTROL & COASTAL MGMT. SERVICES There are no items scheduled. L. OFFICE OF MANAGEMENT & BUDGET 1. Resolution - To establish the Budget for St. Lucie County, Florida Taxable Non -Ad Valorem Revenue Bonds, Series 2017A Staff recommends the Board adopt the budget resolution establishing the budget for the St. Lucie County, Taxable Non -Ad Valorem Revenue Bonds, Series 2017A in the amount of $25,730,000.00. 2. Request for Proposal (RFP) No. 18-002, Space Needs Study Staff recommends Board approval of the short-listed firms for the Space Needs Study and permission to: Conduct contract negotiations with the highest ranked short-listed firm; If negotiations are successful, award contract to the successful short-listed firm and authorization for the Chair to sign the documents as prepared by the County Attorney; If staff is unable to negotiate a satisfactory contract with the highest ranked proposer, negotiations with that firm shall be terminated and staff shall attempt to negotiate a contract with the second ranked firm. If these negotiations are not successful, they shall be terminated with the second proposer and staff will re - advertise a new Request for Proposal. M. PARKS & RECREATION 1. St. Lucie County Parks and Recreation Approved Food and Beverage Vendor List Amended Staff recommends Board approval of the proposed St. Lucie County Parks and Recreation Approved Food and Beverage Vendor List, proposed vendor approval applications are attached, and authorization for the Chair to sign documents as approved by the County Attorney. 2. Florida Indian Hobbyist Association Pow Wow Staff recommends Board authorization to waive $6,562.50 in Adams Arena & Building A rental fees for the 2018 Florida Indian Hobbyist Assciation Pow Wow to be held at the St. Lucie County Fairgrounds as outlined in this agenda memorandum and authorization for the Chair to sign documents as approved by the County Attorney. 6 1 P a g e Regular Meeting Tuesday, February 20, 2018 9:00 AM 3. Adams Ranch Rodeo Fee Waiver Staff recommends Board approval to waive $2,396.25 in Fairgrounds facility rental fees for the 8th Annual Adams Ranch Rodeo on March 31, 2018. 4. Early Coalition - Family Fun Fair 2018 (Fee Waiver Request) Staff recommends Board approval to waive $303.75 in facility rental fees for the Early Learning Coalition's 12th Annual Family Fun Fair, on Saturday, April 7, 2018, from 9am to 3pm at Calvin R. Triplett Field. 5. Request Approval of Contract Amendment to Extend Services for Hoar Program Management Consulting Services through the Construction/ Expansion of the St. Lucie County Sports Complex Staff recommends Board approval for the proposed contract amendment of $796,270.00 with Hoar Program Management (HPM) for the continued Program Management services for one (1) additional month of the Design Review Phase, and the entirety of the Construction Phase for the $55 Million construction and expansion of the St. Lucie County Sports Complex through June of 2019. N. PLANNING & DEVELOPMENT SERVICES 1. Epic Engineering & Consulting Group, LLC Amendment No. 1 Staff recommends Board approval of Epic Engineering & Consulting Group, LLC Contract - Amendment No. 1 for the amount of $92,727.44 and authorization for the Chair to sign documents as approved by the County Attorney. O. PUBLIC SAFETY There are no items scheduled. 1. Amendment to Median and Right-of-way Mowing Contract C14-09-425 Staff recommends the Board approve the third amendment to Contract C14-09-425 with Mow 4 Less, for median and right-of-way mowing, and authorize the Chair to sign documents as approved by the County Attorney. 2. Hurricane Irma Emergency Culvert Replacements on Brocksmith Road - Acceptance of Project Staff recommends Board acceptance of Hurricane Irma Emergency Culvert Replacements on Brocksmith Road. 3. North 2nd Street Change Order No. 33 with Mancil's Tractor Service, Inc. Staff recommends Board approval of Change Order No. 33 with Mancil's Tractor Service, Inc., in the amount of $32,491.38, to be paid by St. Lucie County and the Florida 7 1 P a g e Regular Meeting Tuesday, February 20, 2018 9:00 AM Department of Transportation, and authorization for the Chair to execute the change orders as approved by the County Attorney. 4. Resolution - Fisherman's Wharf Bulkhead Construction (Phase 2) - FIND Agreement SL- 17-63 Staff recommends Board acceptance of funds from Florida Inland Navigation District (FIND) agreement #SL-17-63 in the amount of $397,750.00 for Fisherman's Wharf Bulkhead and Dredging Construction Phase, and authorization for the Chair to sign documents as approved by the County Attorney. Q. SHERIFF'S OFFICE There are no items scheduled. R. SOLID WASTE 1. Award of Bid No.18-021 Transportation of Landfill Leachate Staff recommends Board approval to award Bid #18-021 Transportation of Landfill Leachate to the two lowest responsive bidders, Delta Pioneer, Inc. and Walsh Environmental Services, and authorization for the Chair to sign the contracts as approved by the County Attorney. 2. Award Bid 18-024 Recycling of Various Materials Staff recommends Board approval to award Bid #18-024, Recycling of Various Materials, as follows; 1, OCC/ Mixed Paper to Storelli Construction and CellMark referenced by the appropriate markets, and 2, all five bidders awarded all other commodities based on a monthly bid process and authorization for the Chair to sign the contracts as approved by the County Attorney. 3. Second and Third Amendments to May 19, 2015 CDM Smith, Inc. Agreement C15-05- 315 Staff recommends the Board approve the Second and Third Amendments to the CDM Smith, Inc. Contract for a combined contract amount increase of $77,260.00, and an extension of the project completion date to December 31, 2018, and authorize the Chair to sign the documents as prepared by the County Attorney's office. S. SUPERVISOR OF ELECTIONS There are no items scheduled. T. TRANSPORTATION PLANNING ORGANIZATION There are no items scheduled. U. UTILITIES 8 1 P a g e Regular Meeting Tuesday, February 20, 2018 9:00 AM There are no items scheduled. 9. PUBLIC HEARINGS There are no items scheduled. 10. REGULAR AGENDA ►e��L�1�1►11wo-AIfol.]0IXA 1. Ardie R. Copas Veterans' Nursing Home - Memorandum of Agreement Pulled Prior to Meeting 11. ANNOUNCEMENTS A. The New York Mets kick off their Spring Training Season at First Data Field in Port St. Lucie on Friday, February 23, 2018. For tickets call (772) 871-2115 or visit www.stluciemets.com. B. The Annual St. Lucie County Fair will take place February 23, 2018 - March 4, 2018 at the St. Lucie County Fairgrounds, 15601 West Midway Road, Fort Pierce. For details visit:www.stluciecountyfair.com. C. The Board of County Commissioners will hold a Regular meeting on Tuesday, March 6, 2018 at 6pm in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. D. The Board of County Commissioners will hold an Informal meeting on Tuesday, March 13, 2018 at gam in Conference Room #3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. E. The Board of County Commissioners will hold a Regular meeting on Tuesday, March 20, 2018 at gam in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 12. MOTION TO ADJOURN 9 1 P a g e 4.A S■TkaL■(di 1 E COUNTY F L O R I D A BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Regular Meeting February 6, 2018 Convened: 6:01 PM Adjourned: 7:11 PM 1. CALL TO ORDER The meeting was called to order at 6:01 PM by District No. 4, Chair Frannie Hutchinson Attendee Name W Title District No. 4, Chair District No. 3, Vice -Chair Arrived Frannie Hutchinson Present 6:00 PM Linda Bartz Present 6:00 PM Chris Dzadovsky District No. 1 Present 6:00 PM Cathy Townsend District No. 5 Present 6:00 PM Howard Tipton Administrator Present 6:00 PM Katherine Barbieri Asst. County Attorney Present 6:00 PM Leslie Olson Director, Planning & Development Services Present 6:00 PM Brittany Jones Recording Secretary Present 6:00 PM 2. INVOCATION The County Administrator led the invocation. 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES A. Board of County Commissioners minutes for the meeting of Tuesday, January 23, 2018 Generated 21912018 8:46 AM Packet Pg. 10 W Z W O J O W a a a Regular Meeting Tuesday, February 6, 2018 6:00 PM 4.A RESULT: ACCEPTED [UNANIMOUS] MOVER: Linda Bartz, District No. 3, Vice -Chair SECONDER: Cathy Townsend, District No. 5 AYES: Frannie Hutchinson, Linda Bartz, Chris Dzadovsky, Cathy Townsend S. PROCLAMATIONS APPROVAL A. Resolution - Proclaiming support for the Healthy St. Lucie Coalition's "Billion Steps Challenge" in St. Lucie County, Florida. The deputy clerk read the proclamation into the record. A motion was made to approve the resolution and it carried unanimously. z LL Chairman Hutchinson presented the proclamation to Clint Sperber, Health Officer and o Administrator, FL Department of Health in St. Lucie County and Jennifer Harris, Community Health Programs Director, FL Department of Health in St. Lucie County, who thanked the Board 0 for the proclamation and accepted it with gratitude. Mr. Sperber spoke briefly on the statistics a- of the physical activity levels in St. Lucie County, stating the best way to improve health is by a being physically active. Ms. Harris detailed the Billion Steps Challenge and emphasized it is something that everyone in the community can become involved with. c RESULT: ADOPTED [UNANIMOUS] MOVER: Cathy Townsend, District No. 5 SECONDER: Linda Bartz, District No. 3, Vice -Chair AYES: Frannie Hutchinson, Linda Bartz, Chris Dzadovsky, Cathy Townsend B. Resolution - Proclaiming February 11-17, 2018 as "2-1-1 Awareness Week" in St. Lucie County, Florida. The deputy clerk read the proclamation into the record. A motion was made to approve the resolution and it carried unanimously. Chairman Hutchinson presented the proclamation to Michelle Miller, Community Relations Specialist, 2-1-1 Palm Beach/Treasure Coast, who thanked the Board for the proclamation and accepted it with gratitude. Ms. Miller gave a brief overview of the various services 2-1-1 offers. RESULT: ADOPTED [UNANIMOUS] MOVER: Linda Bartz, District No. 3, Vice -Chair SECONDER: Cathy Townsend, District No. 5 AYES: Frannie Hutchinson, Linda Bartz, Chris Dzadovsky, Cathy Townsend C. Resolution - Proclaiming February 12-18, 2018 as "Foster Family Appreciation Week" in St. Lucie County, Florida. The deputy clerk read the proclamation into the record. A motion was made to approve the resolution and it carried unanimously. 2 1 P a g e Packet Pg. 11 Regular Meeting Tuesday, February 6, 2018 6:00 PM 4.A Chairman Hutchinson accepted the proclamation on behalf of Lorrene Egan, SLC Director for Devereux Community Based Care of Okeechobee and the Treasure Coast, who could not be present at the meeting. RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Cathy Townsend, District No. 5 AYES: Frannie Hutchinson, Linda Bartz, Chris Dzadovsky, Cathy Townsend 6. PUBLIC COMMENT (excluding Public Hearing items) w Chairman Hutchinson opened the meeting for public comment at this time. D z 2 Pat Simmons, 26 Lake Vista Trail in Port St. Lucie, gave an update and expressed her concerns on two 0 federal bills regarding gun laws. Q 0 Carol Anderson, resident of St. Lucie West and representative of the Biosolids Composting Committee a of PGA Village, spoke in support of the Board's efforts on matters relating to biosolids composting and Q stated they support the Board's proposal to withdraw its petition (in reference to Item 10.A.2). David Ellis, 7602 Ocala Ave in Fort Pierce, spoke of his concerns in regards to improper drainage from flood gates in Lakewood Park. There being no one further wishing to address the Board, Chairman Hutchinson closed public comment. 7. PRESENTATIONS A. A Place to Become - Will Armstead, CEO & Melanie Wells, COO, Boys & Girls Club of St. Lucie County Will Armstead, CEO of Boys & Girls Club of St. Lucie County, gave an update from the past year and highlighted Boys & Girls Club is in their 24th year in St. Lucie County. Mr. Armstead outlined all their community involvement from 2017, stating they participated in a total of 62 community events. Next, Melanie Wiles, COO of Boys & Girls Club of St. Lucie County, detailed the Club's main focuses which include academic success, healthy lifestyles, good character and citizenship. Ms. Wiles concluded with upcoming programs and featured one of their alumni members. Mr. Armstead shared his appreciation and gratitude for the Board's support. B. Your Water Connections - Debbie McManus, SLC 4-H Program Specialist Debbie McManus, SLC 4-H Program Specialist, gave an educational presentation on the Indian River Lagoon and provided an update of the 4-H Club's involvement with Indian Hills Recreation area. Ms. McManus displayed a short video showcasing waterways and Best Management Practices (BMPs) in St. Lucie County from an aerial view. At the conclusion of the presentation, it was stated a seventh BMP will be implemented this year. 3 1 P a g e Packet Pg. 12 4.A Regular Meeting Tuesday, February 6, 2018 6:00 PM 8. CONSENT AGENDA A motion was made to adopt the consent agenda and it passed unanimously. RESULT: ADOPTED [UNANIMOUS] MOVER: Cathy Townsend, District No. 5 SECONDER: Linda Bartz, District No. 3, Vice -Chair AYES: Frannie Hutchinson, Linda Bartz, Chris Dzadovsky, Cathy Townsend A. WARRANTS 1. Warrant Lists 15 & 16 B. ADMINISTRATION There are no items scheduled. C. COUNTY ATTORNEY 1. All Aboard Florida - Payment of Legal Defense Invoice through All Aboard Legal Defense Fund D. COMMUNITY SERVICES There are no items scheduled. E. COURT ADMINISTRATION There are no items scheduled. F. ENVIRONMENTAL RESOURCES There are no items scheduled. G. FACILITIES 1. St. Lucie County Rock Road Jail Pods: 131, B3 and B5 Ductwork Environmental Cleaning H. HUMAN RESOURCES 1. Emergency Repairs for Supervisor of Elections office 2. Corizon Inmate Health Care FY16/17 I. INFORMATION TECHNOLOGY There are no items scheduled. 4 1 P a g e Packet Pg. 13 4.A Regular Meeting Tuesday, February 6, 2018 6:00 PM J. LIBRARY SERVICES There are no items scheduled. K. MOSQUITO CONTROL & COASTAL MGMT. SERVICES There are no items scheduled. L. OFFICE OF MANAGEMENT & BUDGET There are no items scheduled. M. PARKS & RECREATION There are no items scheduled. N. PLANNING & DEVELOPMENT SERVICES There are no items scheduled. O. PUBLIC SAFETY There are no items scheduled. P. PUBLIC WORKS 1. W. Midway Road from Glades Cut-off Road to Selvitz Road Design - Locally Funded Agreement, Amendment 1 Q. SHERIFF'S OFFICE There are no items scheduled. R. SOLID WASTE There are no items scheduled. S. SUPERVISOR OF ELECTIONS There are no items scheduled. T. TRANSPORTATION PLANNING ORGANIZATION 1. Approval of Federal Metropolitan Planning Grant Funding for FY 17/18 U. UTILITIES There are no items scheduled. w D z w O J O W a a Q 5 1 P a g e Packet Pg. 14 Regular Meeting Tuesday, February 6, 2018 6:00 PM 4.A 9. PUBLIC HEARINGS There are no items scheduled. 10. REGULAR AGENDA Lllwe-All aLOIN 01:104 1. Resolution - A resolution supporting the priorities of the Indian River Lagoon National Estuary Council's (IRLNEC) request for increased, accelerated and recurring funding, w which is urgently needed from Federal, State and local levels to implement water � quality, water infrastructure and habitat restoration projects. Z Katherine Barbieri, Assistant County Attorney, presented this item. It has been p requested that the Board show their support of the Indian River Lagoon National Q Estuary Council's (IRLNEC) request for increased, recurring funding for water quality. p o: a Staff recommended that the Board adopt the resolution as drafted by the County Q Attorney and to distribute to our State Delegation. 5 Commissioner Dzadovsky commented that as the appointee for the IRLNEC, it was requested that this be brought to each of the counties' Boards to ask for their support. There were no other comments from the Board. A motion was made to adopt the resolution and it passed unanimously. RESULT: ADOPTED [UNANIMOUS] MOVER: Linda Bartz, District No. 3, Vice -Chair SECONDER: Chris Dzadovsky, District No. 1 AYES: Frannie Hutchinson, Linda Bartz, Chris Dzadovsky, Cathy Townsend 2. Florida Department of Environmental Protection Permit for Sunbreak Farms Composting Facility David Dee, County's outside counsel, and Jill Grimaldi, representative from CDM Smith, gave the presentation on this item. On May 11, 2017, the Florida Department of Environmental Protection (FDEP) issued a notice announcing that FDEP intends to issue a permit authorizing Sunbreak Farms, LLC to construct and operate a Type I Biosolids Management Facility. The Facility would process biosolids and yard trash to create Class AA compost. The County Staff requested CDM Smith Inc., the County's solid waste and utilities consultant, to review Sunbreak's proposal. Given CDM Smith's concerns and uncertainty about the Facility, and given FDEP's imminent deadline for challenging FDEP's proposed action, the Board of County Commissioners authorized Staff to file a petition for a 6 1 P a g e Packet Pg. 15 Regular Meeting Tuesday, February 6, 2018 6:00 PM 4.A formal administrative hearing challenging FDEP's decision to issue a permit to Sunbreak. The County's Petition was filed with the FDEP on June 12, 2017. Staff and CDM Smith have had a series of discussions with representatives of the FDEP, the South Florida Water Management District (SFWMD), and Sunbreak to obtain more information about Sunbreak's proposed project. The FDEP, the SFWMD, and Sunbreak have advised the County that: (a) Sunbreak will need to modify its existing Environmental Resource Permit (ERP) before Sunbreak begins to conduct its composting operation; (b) the water quality impacts of Sunbreak's proposed activities will be evaluated by the SFWMD when Sunbreak files its application to modify the existing ERP; and (c) the water quality impacts of Sunbreak's activities were not evaluated by FDEP in the pending case because those issues will be addressed by the SFWMD. The County's primary concern has been and continues to be the Facility's potential impacts on water quality in the C-25 Canal and, ultimately, the St. Lucie Estuary and Indian River Lagoon. The County has several options for moving forward. As one option, the Board could continue to challenge the issuance of the FDEP permit authorizing Sunbreak's proposed composting operations. This option will require the County to expend a substantial amount of time, energy, and money on litigation. Based on the information provided by the FDEP and SFWMD, it appears that this option is not likely to resolve the County's primary concerns regarding water quality. As a second option, the County could withdraw its Petition concerning the FDEP Notice of Intent and then shift its attention to the ERP modification that Sunbreak will need to obtain from the SFWMD. The County can use the ERP review process to inform the SFWMD about the County's concerns regarding water quality issues. The ERP review process also will provide the County, SFWMD, and Sunbreak with an opportunity to determine whether the County's water quality concerns can be addressed in permit conditions that are mutually acceptable to the SFWMD, Sunbreak, and the County. If the parties cannot agree, the County will have an opportunity to challenge the issuance of the ERP modification by the SFWMD. The County's outside counsel, David S. Dee, and CDM Smith believe the second option may be the most cost-effective and prudent course of action for the County. Subject to any conditions recommended by the County's special counsel and CDM Smith, Staff recommended that the Board withdraw its Petition and shift its focus to the Environmental Resource Permit (ERP) modification that will be issued by the South Florida Water Management District (SFWMD). Staff further requests authorization from the Board to take all actions necessary to implement the Board's decision. Commissioner Dzadovsky commented the Board does have concerns regarding the impact to both the C-25 Canal and the 10 Mile Creek Reservoir, further stating that big investments have been made to clean the water in the County and that influxes of nutrients into the water could cause algae blooms as well as health issues. 7 1 Packet Pg. 16 Regular Meeting Tuesday, February 6, 2018 6:00 PM 4.A Commissioner Townsend expressed her appreciation for the residents of St. Lucie County that have been vocal on this item. There were no other comments from the Board. A motion was made to approve Staff recommendation and it passed unanimously. RESULT: ADOPTED [UNANIMOUS] MOVER: Linda Bartz, District No. 3, Vice -Chair SECONDER: Cathy Townsend, District No. 5 AYES: Frannie Hutchinson, Linda Bartz, Chris Dzadovsky, Cathy Townsend 11. ANNOUNCEMENTS A. Commissioner Townsend made special mention of a presentation by Ed Massey, Chairman of Economic Development Council, relating to proposed plans for a trade vocational building. Chairman Hutchinson elaborated further that it was discussed at the EDC meeting that they are asking for support from the public and the County Administrator added should the public wish, they can use their voice to reach out to State legislature to inform them this is important to them. B. The Board of County Commissioners will hold an Informal meeting on Tuesday, February 13, 2018 at gam in Conference Room #3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. C. County offices will be closed on Monday, February 19, 2018 in observance of Presidents' Day. D. The Board of County Commissioners will hold a Regular meeting on Tuesday, February 20, 2018 at gam in the Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. E. The New York Mets kick off their Spring Training Season at First Data Field in Port St. Lucie on Friday, February 23, 2018. For tickets call (772) 871-2115 or visit www.stluciemets.com. F. The Annual St. Lucie County Fair will take place February 23, 2018 - March 4, 2018 at the St. Lucie County Fairgrounds, 15601 West Midway Road, Fort Pierce. For details visit: www.stluciecountyfair.com. 12. MOTION TO ADJOURN There being no further business to be brought before the Board, the meeting was adjourned. Please Note: Final minutes are recorded in the official minute books that are filed with the Clerk of the Circuit Court and available for inspection upon request. w z LL 0 J 0 a a a 8 1 Packet Pg. 17 8.B.1 ITEM NO. (ID # 5040) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Nicole Fogarty, Legislative Affairs Manager Legislative Affairs 2018 Federal Legislative Agenda DATE 02/20/2018 *CONSENT AGENDA\ADMINISTRATION It is St. Lucie County's practice to secure the approval of the Board of County Commissioners for Federal legislative issues and requests. County staff has been working with Greg Burns from Van Scoyoc Associates to identify these issues and requests as part of the County's Federal Legislative Agenda for 2018. The items identified within the Agenda are anticipated to have a fiscal, regulatory, or operational impact upon the County. The County Administrator shall have the discretion to present the items with flexibility as needed. The 2018 Federal Legislative Agenda will provide a background and summary on these issues for members of the Federal Congressional Delegation, as well as, appropriate Federal agency staff. PREVIOUS ACTION: At the BOCC Informal on February 13, Greg Burns from Van Scoyoc Associates identified priority issues and requests as part of the County's Federal Legislative Agenda for 2018. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board approval of the 2018 Federal Legislative Agenda items and requests. COMMISSION ACTION: Packet Pg. 18 8.B.1 Coordination/Signatures ' 'ianie/S. McIntyre, C my ttorney 2/19/2018 Ho and Tipton, Count Administrato 2/20/2018 Updated: 2/16/2018 11:05 AM by Kelly Phelan Page 2 Packet Pg. 19 St. Lucie County, Florida 2018 Federal Legislative Agenda ��V ,b.- IV rs . 1' 0 1 nt; liPPL■M1 ICE COUNTY ,e F L O R I D A Packet Pg. 20 8.B.1.a '7 7FF�l NTY O R1 , A' VAN SCOYOC ASSOCWrES Prepared by Van Scoyoc Associates for the St. Lucie County Board of County Commissioners Commissioner Frannie Hutchinson, Chair Commissioner Linda Bartz, Vice Chair Commissioner Chris Dzadovsky Commissioner Cathy Townsend Dan McIntyre, County Attorney Howard Tipton, County Administrator Questions regarding the information in this book may be directed to: Greg Burns Nicole Fogarty Richard Bouchard (202) 737-8162 (772) 462-6406 (772) 462-1710 January 2018 Copyright 2018 Van Scoyoc Associates Inc. Page 1 2 Packet Pg. 21 8.B.1.a VAN SCQYOC ASSOCIATES St. Lucie County 2018 Federal Legislative Agenda Water Resources and Environment St. Lucie County Federal Beach Nourishment Projects Support adequate annual funding for the Corps of Engineers Investigations and Construction accounts, including additional funding specifically for "shore protection" projects not identified in the annual Administration budget. Support Corps funding of the Fort Pierce beach construction project and the St. Lucie County feasibility study. Support expedited Corps review and approval of the Section 203 study for the reauthorization of the Fort Pierce project and the Chief s Report for the St. Lucie County feasibility study. Support H.R. 833 and S. 279, both of which would allow for the option of using non - domestic sand in future federal beach nourishment projects. C-23 and -24 Reservoirs -- Indian River Lagoon -South Project Support the completion of the C-23 and C-24 reservoir projects and associated storm water treatment area, part of the Indian River Lagoon -South Everglades restoration project. Support continuing implementation of all facets of Everglades restoration, including: funding continued work on the Central Everglades Planning Project, full funding for the restoration of the Herbert Hoover Dike, and continued funding for the Tamiami Trail bridging project to send more water south and reduce the need to send water through the St. Lucie River to the Indian River Lagoon during wet periods. Port of Fort Pierce: Port Development and Inlet Maintenance Dredging Support County or other permit applications for purposes of Fort Pierce port development. Support adequate annual funding for the Corps of Engineers Operations & Maintenance account, including additional funding for dredging not identified in the annual Administration budget. Support additional funding specifically provided for "Small, Remote, or Subsistence Navigation" dredging activities. Energy Exploration Oppose the potential expansion of energy exploration or seismic testing in Florida. Disaster Recovery Federal Emergency Management Agency Disaster Assistance Support legislation to prohibit the Federal Emergency Management Agency from de -obligating previously awarded disaster funds for projects that have been certified as complete by the state for at least three years. Support changes to the Stafford Act to ensure that counties are not denied for an appeal when the state, acting as the grantee, fails to meet the regulatory timeline through no fault of the county. Transportation Infrastructure Investment Support new federal investment in infrastructure. Support any and all opportunities to secure funding for St. Lucie County's infrastructure priorities. Treasure Coast International Airport Support efforts to establish an independent customs office at the Treasure Coast International Airport. Support the hiring of additional Customs officers nationwide to help alleviate nationwide shortages. Support any Treasure Coast International Airport grant proposals through the Airport Improvement Program. Support $3.35 billion in annual appropriations for the Airport Improvement Program. Monitor the FAA reauthorization proposals for negative impacts to the Treasure Coast International Airport, particularly with regard to privatized air traffic control. Page 1 3 Packet Pg. 22 8.B.1.a 6T,0 (dIC It' COUNTY F LORI D R '4b VAN SCOYOC ASSOCIATES Economic Development & Social Services Healthcare Reform Monitor efforts to repeal, replace, or amend the Affordable Care Act. Monitor changes to Medicaid and Medicare. Support the repeal of the excise tax on high -cost health insurance plans (a.k.a. the Cadillac tax) within the Affordable Care Act. Mental Health Care Support legislation that responsibly expands treatment options for the mentally ill. Opioid Addiction Support appropriations activities to fund programs in CARA and the 21't Century Cures Act. Monitor HHS for guidance regarding the allocation of 21 st Century Cures state formula funding. Support attempts by entities within St. Lucie County to secure funding to fight opioid addiction. Aging Issues Support adequate federal funding for Alzheimer's and dementia research at the National Institute on Aging. Support continued adequate annual funding for Older Americans Act programs that support critical social service programs serving elder persons in St. Lucie County. Economic Development Administration Support continued annual funding of the Economic Development Administration. Support any St. Lucie County Economic Development Administration grant applications as applicable. Community Services Block Grants & Low Income Home Energy Program Funding Support continued adequate annual funding for both the Community Services Block Grant and the Low Income Home Energy Assistance Program. Department of Housing and Urban Development Formula Programs Support adequate funding for future fiscal years for both the HOME Investment Partnerships and the Community Development Block Grants programs because of their critical role in the County's overall efforts to support those that are least fortunate. Federal Criminal Justice Reform Support legislation that seeks to improve the federal criminal justice system, including improvements to mental health services for offenders. Local Government Issues Domestic Discretionary Spending Pressure Monitor proposed cuts to non -defense discretionary programs of importance to St. Lucie County. Citrus Issues Support federal efforts to benefit the citrus industry given its large importance to the economy of St. Lucie County. Tax -Exempt Bonds Oppose legislation that would threaten the tax exemption on state and local bonds, including a cap on tax- exempt municipal bonds. Page 1 4 Packet Pg. 23 8.B.1.a VAN SCOYOC ASSOCIATES Remote Sales -Tax Legislation Monitor legislation that requires companies making catalog and internet sales to collect and remit the associated taxes. Support federal tax policies that maintain revenue streams to local governments. Transient Occupancy Taxes Oppose legislation that would exempt Internet travel brokers from paying taxes on the full room rate paid by the consumer, thereby costing St. Lucie County and its political subdivisions the opportunity to collect the appropriate Transient Occupancy Taxes from visitors to the region. Siting of Wireless Facilities Oppose legislation that would preempt local government control and force local governments to lease publicly -owned infrastructure for the installation of "small cell" wireless towers. Page 1 5 Packet Pg. 24 8.B.1.a VAN SCQYOC ASSOCIATES FEDERAL ISSUE: St. Lucie County Federal Beach Nourishment Projects BACKGROUND; HOW IT MAY AFFECT ST. LUCIE COUNTY: The federal government and St. Lucie County have long partnered on the Fort Pierce shore protection project and the St. Lucie County shoreline feasibility study, the latter of which is evaluating erosion along the southern shoreline of the County. Fort Pierce Beach Project To fund beach nourishment projects and studies that are generally not budgeted for by the Administration, Congress typically appropriates additional funding for what Congress terms "Additional Funding for Ongoing Work." In Fiscal Year (FY) 2016, Congress provided $40 million in additional funding to the Corps for "shore protection" construction activities, as well as $2.5 million for "shore protection" investigations (studies). These are the funding sources from which the Fort Pierce beach project and the St. Lucie County feasibility study must compete in the future. The Fort Pierce beach project did not receive federal funding in FY 2016. In the interim, the beach was partially renourished as part of a FIND maintenance dredging project during spring 2017. Funding was secured in FY 2017 for the next federal nourishment planned for spring 2018. In addition, the federal authorization for the Fort Pierce beach project is set to expire in 2020. The Water Resources Development Act (WRDA) of 1999 provided the Corps with the authority to undertake a General Reevaluation Report (GRR) for the primary purpose of incorporating one additional mile to the original 1.3-mile project length. After monitoring the performance of the initial beach nourishment project in 1999, it was evident that the rapid migration of sand southward along the shoreline negated the need for the one -mile extension. Efforts on the GRR continued moving forward with consideration to include: 1) coastal structures to manage the high erosion area immediately south of Ft. Pierce Inlet; 2) Section 111 inlet impacts to increase the federal cost share; 3) revisions to the nourishment cycle to 2 years; and 4) justification for a new 50-year federal project. A Limited Reevaluation Report (LRR) was subsequently completed that increased the federal cost share and revised the nourishment cycle to two years, while the GRR continues moving forward to address the structures and 50-year project life. After taking over responsibility for completing the GRR with Taylor Engineering in May 2016, the County subsequently submitted the draft report to the Assistant Secretary of the Army (Civil Works) in March 2017 as allowed under amended Section 203 authority of WRDA 2014. The County received correspondence from the ASA's office in August 2017 with several comments regarding the report. Based upon subsequent meetings at the ASA's office there seemed to be a consensus that the Ft. Pierce GRR could continue to move forward under Section 203 authority (WRDA 1986). The GRR itself provides a solid foundation for an additional 50-year project life with structures but will require some revisions to address comments previously submitted from the ASA to the County. The County is developing a Memorandum of Agreement (MOA) with the Jacksonville District (USACE) for their technical assistance moving forward. St. Lucie County Project With regard to the South County feasibility study, the study received $50,000 in the FY 2014 omnibus, which was used to re -scope the project to meet the new 3x3x3 requirement codified by WRDA 2014. An Page 1 6 Packet Pg. 25 8.B.1.a t,J L �tirj� COUNT Y VAN SCQYOC ASSOCIATES additional $414,000 in FY 2014 funding was later provided to reinitiate efforts on the feasibility study and should keep the study moving along well through at least the end of FY 2015. Then, the St. Lucie County Shoreline Feasibility Study received an additional $850,000 from the Corps in the FY 2015 Work Plan and may still need funding in the FY 2017 work plan to complete the study and move towards construction. The Corps recently completed a Chief of Engineers report which will ultimately be used as an authorizing document for Congress via the next Water Resources Development Act. Sand Source Issues Over the past several years, it has become clear that communities in south Florida need more sand for beach nourishment projects while there is a relatively large reserve of material off the Treasure Coast. However, transportation distance and grain size and color variations, plus other local concerns, make the Treasure Coast material less suitable for south Florida beaches. With that in mind, the counties of St. Lucie, Broward, Indian River, Miami -Dade and Martin have joined together to amend law in a 1986 WRDA bill that generally prohibits the exploration of non -domestic sand for American shore protection projects. In the 2016 House version of WRDA, Rep. Frankel was successful in amending the legislation on the House floor to include language allowing for easier exploration of such material during planning efforts for future shore protection projects. Unfortunately, the language was dropped in conference negotiations with the Senate and did not become law. In the 115' Congress, Sen. Rubio and Rep. Frankel, along with nine original House cosponsors including Congressman Brian Mast, have introduced S. 279 and HR 833 which mirrors the language in the 2016 House WRDA bill. Passage of such legislation will allow for the option of using non -domestic sand in future federal beach nourishment projects. POSITION: Support adequate annual funding for the Corps of Engineers Investigations and Construction accounts, including additional funding specifically for "shore protection" projects not identified in the annual Administration budget. Support Corps funding of the Fort Pierce beach construction project and the St. Lucie County feasibility study. Support expedited Corps review and approval of the Section 203 study for the reauthorization of the Fort Pierce project and the Chief s Report for the St. Lucie County feasibility study. Support H.R. 833 and S. 279, both of which would allow for the option of using non -domestic sand in future federal beach nourishment projects. Page 1 7 Packet Pg. 26 8.B.1.a VAN SCQYOC ASSOCIATES FEDERAL ISSUE: C-23 and -24 Reservoirs — Indian River Lagoon -South Project BACKGROUND; HOW IT MAY AFFECT ST. LUCIE COUNTY: In 2000, Congress authorized a 30- year plan, termed the Comprehensive Everglades Restoration Plan (CERP), for the restoration of the Everglades ecosystem in southern Florida. CERP generally focuses on increasing the storage of excess water in the rainy season to provide more water during the dry season for the ecosystem and for urban and agricultural users. When originally authorized, it was estimated that CERP would cost a total of $8.2 billion and take approximately 30 years to complete. More recent estimates indicate the plan may take 50 years to implement, and could cost $13.5 billion. C-23 and -24 Reservoirs — Indian River Lagoon -South Project St. Lucie County remains extremely interested in the timely completion of the entire Indian River Lagoon -South (IRL-S) project, particularly construction of the C-23 and -24 reservoirs and associated storm water treatment area (STA). The IRL-S project is a component of CERP, and was first authorized by Congress in 2007. In Fiscal Years 2014-15, the Florida Legislature appropriated $20 million, in part, to be used to purchase water conservation land along the C-23 and C-24 canals. The County has also provided $1 million toward the purchase of conservation land. The Integrated Delivery Schedule (IDS) for federal Everglades restoration efforts continues to include these projects, initiating design and PPA execution in 2018 and 2019 for the two reservoirs, respectively. However, this progress is dependent on appropriations by Congress and programming by the Corps. The Jacksonville District of the Corps has indicated they are doing preliminary work with the SFWMD to prepare for design efforts on C-23 and C-24 components of IRL-S in the event funds are identified to allow for this design work to move forward. However, their budget justification document for 2018 indicates the Administration does not propose to spend funding to begin the project. Meanwhile, the House and Senate have both moved forward significantly with the development of their respective FY 2018 Energy & Water Appropriations bills. Both bills provide equal funding to the Corps for the South Florida Ecosystem Restoration project. On the Senate side, Senators Rubio and Nelson drew attention to the importance of the C-23 and C-24 situation by inserting the following language in the report accompanying the bill: The Committee recognizes the importance of restoring America's Everglades, and eliminating discharges from Lake Okeechobee that help fuel harmful algal blooms in the St. Lucie River and Indian River Lagoon. The Committee urges the Corps to expedite preparations for design work on the C-23 and C-24 South Reservoirs that, along with the C-44 Reservoir, will serve as crucial elements of the Indian River Lagoon -South CERP project to collect and clean discharges before they enter the Lagoon. There is still land that must be acquired for at least one of the reservoirs by the non-federal sponsors prior to construction commencing. Central Everglades Planning Project The St. Lucie River and the Indian River Lagoon feel the brunt of Lake Okeechobee management during periods of rainy conditions. Too often in the wet season, the River and Lagoon suffer from excessive storm water runoff from areas upstream of St. Lucie County, as well as massive releases of nutrient -laden water from Lake Okeechobee and its watershed. Page 1 8 Packet Pg. 27 8.B.1.a t,J L �tirj� VAN SCQYOC ASSOCIATES To help address these issues, the Corps began the Central Everglades Planning Project (CEPP), which seeks to allow more water to be directed south to the central Everglades, Everglades National Park and Florida Bay while protecting the St. Lucie and Caloosahatchee estuaries. CEPP was authorized via WRDA 2016 and now needs funding via the annual budget and appropriations process to move into preconstruction, engineering and design and ultimately construction of actual projects. Herbert Hoover Dike Meanwhile, the Corps continues work on Herbert Hoover Dike, the 143-mile structure surrounding Lake Okeechobee, which provides the largest amount of storage for the Everglades system. Since 2007, the Corps has invested over $500 million in projects designed to reduce the risk of catastrophic failure of the aging structure. Actions taken include installing a cutoff wall, removing and replacing water control structures (culverts), and conducting a variety of studies and technical reviews to help ensure the safety of south Florida residents and ultimately provide for more water storage in the Lake. The Corps is also nearly finished restoring the Kissimmee River, a tremendous achievement. In October, President Trump announced that he directed the Office of Management and Budget to accelerate the completion of repairs to the Dike, however this announcement did not come with any new timeline or explanation of funding. A future supplemental appropriations bill to respond to recent hurricanes, including Hurricane Irma in Florida, may provide a funding source for this project. POSITION: Support the completion of the C-23 and C-24 reservoir projects and associated storm water treatment area, part of the Indian River Lagoon -South Everglades restoration project. Support continuing implementation of all facets of Everglades restoration, including: funding continued work on the Central Everglades Planning Project, full funding for the restoration of the Herbert Hoover Dike, and continued funding for the Tamiami Trail bridging project to send more water south and reduce the need to send water through the St. Lucie River to the Indian River Lagoon during wet periods. Page 1 9 Packet Pg. 28 8.B.1.a VAN SCQYOC ASSOCIATES FEDERAL ISSUE: Port of Fort Pierce: Port Development and Inlet Maintenance Dredging BACKGROUND; HOW IT MAY AFFECT ST. LUCIE COUNTY: Dredging of the Fort Pierce Inlet and Harbor by the Army Corps of Engineers was completed in November of 2014, using funding from the Hurricane Sandy emergency supplemental bill. This dredging restored the inlet channel and interior turning basin to the maximum permitted depth of 28 feet. The next maintenance dredging will be needed prior to approximately five years. To fund dredging projects that are not generally budgeted for by the Administration, Congress has added additional funding for what Congress terms "Additional Funding for Ongoing Work." Among these amounts, Congress in Fiscal Year (FY) 2017 provided $49 million in additional funding to the Corps for "Small, Remote, or Subsistence Navigation" Operations & Maintenance (O&M) activity, which is an increase from the FY 2016 funding level of $48 million. This is the funding from which the Fort Pierce Inlet must compete in the future to maintain the channel. Meanwhile, the County has aggressive plans to develop the Port of Fort Pierce in partnership with private entities to create economic opportunity and jobs for the region. With that anticipated development will come a need for a number of federal permits, some of which could pose unique challenges and require engagement with federal resource agencies. Additionally, now that the County owns the Port, there may be opportunities to pursue funding, especially with the expected development of an infrastructure package in 2018. POSITION: Support County or other permit applications for purposes of Fort Pierce port development. Support adequate annual funding for the Corps of Engineers Operations & Maintenance account, including additional funding for dredging not identified in the annual Administration budget. Support additional funding specifically provided for "Small, Remote, or Subsistence Navigation" dredging activities. Page 1 10 Packet Pg. 29 8.B.1.a VAN SCQYOC ASSOCIATES FEDERAL ISSUE: Energy Exploration BACKGROUND; HOW IT MAY AFFECT ST. LUCIE COUNTY: Active energy drilling does not currently occur off of the Atlantic coast of Florida. State waters in the Atlantic extend three miles from shore, with the federal government controlling waters beyond that point. For many years, the federal government has developed five-year Outer Continental Shelf (OCS) Oil and Gas Leasing programs to guide energy exploration activities in federal waters. The most recent plan, developed for 2012-2017, did not propose to lease any areas in the Atlantic OCS for oil and gas drilling. However, the Administration's plan did indicate that it would allow seismic analyses to determine energy resource potential in areas of the Atlantic OCS from Delaware to parts of Florida (approximately north of Brevard County). On January 17, 2017, the Secretary of the Interior approved BOEM's finalized OCS Oil and Gas Leasing Program for 2017-2022 and issued a Record of Decision (ROD) for the programmatic Environmental Impact Statement (EIS). In approving the Program, the Secretary chose Alternative C (the Preferred Alternative) from the Final Programmatic EIS. The ROD identifies Alternative D, No Action, as the environmentally preferable alternative. In addition, the ROD outlines programmatic mitigation measures that will apply to all sales that occur during this Program in areas where the mitigation measures are applicable. Although typically a new five-year plan would not be developed for several years, in April, President Trump signed the America First Offshore Energy Strategy Executive Order. The Executive Order aims to increase domestic energy production and reduce the use of foreign oil by, in part, expanding offshore drilling. As a part of implementing that order, BOEM is in the process of developing a new 2019-2024 National Outer Continental Shelf Oil and Gas Leasing Program. BOEM will consider all 26 OCS planning areas, including the Atlantic Coast of Florida. The County submitted comments to BOEM in opposition to the expansion of offshore drilling in August. In January 2017, BOEM released a draft proposed program (DPP) for the National Outer Continental Shelf Oil and Gas Leasing Program for 2019-2024. The DPP includes 47 potential lease sales in 25 of the 26 planning areas, which is the largest number of lease sales ever proposed for a 5-year lease schedule. The DPP includes 3 sales in the South Atlantic and one in the Straits of Florida. BOEM will also host a public meeting on the matter on February 8 in Tallahassee, among other places. After accepting comments on the DPP, BOEM will then need to draft and release a Proposed Program, which will be made available for an additional public comment period, so there will be several opportunities to weigh in before the program is finalized. Governor Scott has released a statement in reaction to the release stating his opposition to offshore drilling on Florida's coast and has stated that he has requested a meeting with Interior Secretary Zinke to discuss the proposal. Additionally, Senator Nelson and other members of the Florida delegation have already released statements criticizing the DPP. Shortly after the release of the DPP, Governor Scott met with Secretary Zinke to discuss the issue. After the meeting, Secretary Zinke stated that Florida was being removed from consideration for any new oil and gas platforms. Page 1 11 Packet Pg. 30 8.B.1.a t,J L �tirj� COUNT Y VAN SCQYOC ASSOCIATES Meanwhile, Representative Steve Scalise (R-LA), the third -ranking Republican in the House has filed the Strengthening the Economy with Critical Untapped Resources to Expand American Energy Act (SECURE American Energy Act), that reinforces the call for increased offshore energy exploration first proposed in President Trump's Executive Order. If the Florida Atlantic Coast is included in the plan developed by BOEM, this bill would require that the approved lease sales be executed and remove the ability of any Administration to cancel them. Additionally, the bill would require that any future moratoriums on offshore drilling be designated by an act of Congress, and areas could not be withdrawn from exploration by the President alone. The County has sent letters to your delegation members expressing opposition to the bill. POSITION: Oppose the potential expansion of energy exploration or seismic testing in Florida. F a g Packet Pg. 31 8.B.1.a VAN SCQYOC ASSOCIATES FEDERAL ISSUE: Federal Emergency Management Agency Disaster Assistance BACKGROUND; HOW IT MAY AFFECT ST. LUCIE COUNTY: The Federal Emergency Management Agency (FEMA) assists local governments, through the state, after disasters with funding for recovery projects. This funding follows a specific process where counties seek reimbursement through the State Division of Emergency Management and FEMA for projects. Once a project is completed, a close-out process is requested of FEMA by the county and state and a final payment is made. Currently, a county could have its project audited by the Department of Homeland Security's Inspector General's office for up to three years after the closeout of the entire disaster, rather than the closeout of the project. As a result of these audits, the Department of Homeland Security can determine that monies were spent incorrectly and must now be "de -obligated" or repaid to the state and federal government. In recent years in Florida, most of these audits are from storms during the 2004 and 2005 hurricane season, meaning many of these projects have been completed for over a decade. St. Lucie County currently has four appeals of de -obligations in progress with FEMA. These de - obligations are for Hurricanes Wilma (2005), Frances (2004), and Jeanne (2004) as well as Tropical Storm Fay (2008). In addition to potentially requiring the County to repay funds that were approved over a decade ago, these appeals are also holding up the disbursement of funds from more recent storms, such as 2016's Hurricane Matthew and 2017's Hurricane Irma. This delay of disbursement has led to a depletion of County emergency contingency reserves. In the House, Representative Lois Frankel (D-FL) filed HR 1678, the Robert T. Stafford Disaster Relief and Emergency Assistance Act, along with several other Florida representatives, including Representative Brian Mast that would limit the statute of limitations for an audit to three years following the completion of a project, rather than the final expenditure report for the entire disaster. The bill would terminate any ongoing de -obligations that exceed the three-year limitation in addition to creating this standard for any future de -obligations. It would not impact any de -obligations that are completed prior to enactment of the legislation. This bill passed the House in May of 2017. Senator Nelson introduced companion legislation in the Senate and Senator Rubio has filed a separate bill that would also limit the time period for review to three years. Neither Senate bill has any cosponsors nor have they been scheduled for any hearings. Nearly all members of the Florida delegation signed a letter to the House and Senate Appropriations committees in the aftermath of Hurricane Irma urging them to include the limit on de -obligations in an upcoming supplemental appropriations bill. Florida local governments must also work through DEM to file any appeals of claims initially denied for funding from FEMA. In the aftermath of Hurricane Matthew in 2016, several counties that had claims denied by FEMA submitted the necessary documentation to file an appeal within 60 days. The state, through DEM, was supposed to officially submit those claims to FEMA, but failed to do so in time. DEM subsequently discovered 26 appeals for 18 applicants dating back to 2004 that they failed to file in a timely manner, costing local governments necessary disaster recovery funding. DEM committed in late 2017 to reviewing each of these appeals and submitting them to FEMA, however FEMA has not offered any assurance that they will consider them. In addition to missing the appeal deadline, DEM has had significant turnover during the processing of project worksheets for Hurricane Matthew, leading to delays and confusion. St. Lucie County submitted information to the state that was subsequently lost by their contractor. Throughout the process, the County has met with at least 16 different teams and presented the same information each time. When the Page 1 13 Packet Pg. 32 8.B.1.a VAN SCQYOC ASSOCIATES County's project worksheets were finally uploaded, the County was not given an opportunity to review them. The County has submitted eleven project worksheets and only three have been obligated, however the funds from those three are being withheld due to the pending de -obligation appeals. FEMA has indicated that any funds related to Hurricane Irma will similarly be withheld during the appeal process. POSITION: Support legislation to prohibit the Federal Emergency Management Agency from de - obligating previously awarded disaster funds for projects that have been certified as complete by the state for at least three years. Support changes to the Stafford Act to ensure that counties are not denied for an appeal when the state, acting as the grantee, fails to meet the regulatory timeline through no fault of the county. i a g Packet Pg. 33 8.B.1.a VAN SCQYOC ASSOCIATES FEDERAL ISSUE: Infrastructure Investment BACKGROUND; HOW IT MAY AFFECT ST. LUCIE COUNTY: Traditionally, Congress has invested in infrastructure via a number of methods, primarily through legislation or programs like transportation authorizations, Federal Aviation Administration authorizations, revolving loan funds, through the tax code via bond programs, or earmarks prior to 2009. The last big influx of new and unexpected investment in infrastructure occurred via the 2009 Stimulus bill, which, among other things provided $105.3 billion for infrastructure, including $48.1 billion on transportation, $18 billion on water, environment, and public lands, and the remainder on government buildings, telecommunications and broadband, and energy infrastructure. Recently however, federal funding for infrastructure still fell to a 30-year low as a share of Gross Domestic Product. The American Society of Civil Engineers said in its latest report that $3.6 trillion was needed to bring all segments of U.S. infrastructure up to a state of good repair. In response, the Trump Administration has made bold promises to invest $1 trillion in infrastructure over ten years. The President's 2018 budget proposal provides an outline of the Administration's proposed infrastructure investment. It includes a 10-year distribution of a proposed $200 billion in direct federal spending, but does not specify where that money would be spent or what projects will be eligible for funding. For FY 2018, the budget calls for $5 billion, increasing to $50 billion in FY 2021 and then decreasing through FY 2026 when it is phased out. The Administration is expected to release a set of principles to guide the development of an infrastructure package in early 2018. The Administration is expected to emphasize a local commitment to creating new taxes or other revenue sources to fund infrastructure improvements. As a result of this focus, little to no emphasis is expected to be placed on leveraging private investment. The other expected key elements of the plan are: block grants for rural areas, money for transformational projects, infrastructure financing programs (think the water state revolving loan funds, WFFIA, or TIFIA for example), along with permit reforms and streamlining. Congress on the other hand, continues to discuss a desire to provide more funding for infrastructure, but has not offered a formal proposal or a specific timeline as to when they may be able to tackle the issue, given other priorities nor a plan for how to fund new infrastructure investment. While it is unclear how this discussion will progress during the remainder of 115t1i Congress, it is possible that new infrastructure investment opportunities could be created and used to fund projects in St. Lucie County. POSITION: Support new federal investment in infrastructure. Support any and all opportunities to secure funding for St. Lucie County's infrastructure priorities. Page 1 15 Packet Pg. 34 8.B.1.a VAN SCQYOC ASSOCIATES FEDERAL ISSUE: Treasure Coast International Airport BACKGROUND; HOW IT MAY AFFECT ST. LUCIE COUNTY: Treasure Coast International Airport Customs Facility The Treasure Coast International Airport's (KFPR) Customs office in Fort Pierce is managed by the Palm Beach Customs office. As such, all requests for service must first be approved by the Palm Beach office. This creates problems because, as an example, the Fort Pierce Customs officers must have overtime requests approved by Palm Beach, making it difficult to meet the dynamic needs of the busy airport. The airport had another fantastic year in 2015, welcoming over 4,500 flights and 18,000 passengers on flights to our region. These passengers and planes operate for recreational and business purposes and stop at the airport to clear Customs before continuing their journey or remaining for a stay. For six years in a row, the Fort Pierce Customs office has been voted the number one inspection station in the entire country by a popular flying magazine. A large majority of the aircraft are not based in St. Lucie County and stop at the airport solely to clear Customs, refuel, or use other services. For St. Lucie County, the benefit of having these visitors is that they all get to see the great assets the airport has to offer, including a paint shop, maintenance facilities, and other amenities. Most of the over 50 businesses and 1,100 employees based at the airport, as well as many boat manufacturers in the immediate area, benefit from the Customs office. Given that, the Customs operation is vital to the community and St. Lucie County does all it can to support their operation. For example, the County recently completed a $2.1M renovation project for Customs to put them in a new built -to -suit building. With that in mind, the County would benefit from its airport becoming its own port of entry rather than a landing rights field under the jurisdiction of the Port of Palm Beach. This removal of bureaucracy would help make the office more efficient, further improve the airport, and benefit the County's economic development efforts. To become a port of entry, the requesting entity must prepare a report that outlines that the benefits would justify the expense to the federal government. The report must demonstrate that the location meets several factors, particularly a sufficient workload of passengers, flights, or goods. There are also population thresholds and certain facilities that the requester must agree to provide. The recent acquisition of the Port of Fort Pierce may assist the County in meeting these thresholds. Meeting the basic thresholds however is not a guarantee that a port of entry designation will be given. One of these most important considerations for Customs and Border Protection (CBP) is whether they have available staffing or the ability to hire additional staffing. Nationwide, there is a shortage of Customs officers, despite Congress having appropriated funds to add additional officers. In 2014, Congress authorized CBP to hire an additional 2,000 officers, but they have been unable to meet that goal to date, now having a deficit of 3,700 officers. Apparently, the hiring process for a CBP officer can take approximately 18 months and nearly two-thirds of applicants fail the legally required polygraph. As a result of this overall shortage, many officers are being reassigned from airports to the Mexican border. For example, 10 officers were recently reassigned from the Orlando airport to the Mexican border. Meanwhile, Senator Claire McCaskill (D-Mo.) introduced S. 2314, legislation that would require CBP to hire a minimum of 500 officers per year until the staffing gap is filled. The bill currently has 3 cosponsors, all Democrats. With respect to added Customs staff or additional hours, the County may benefit from existing law that allows for reimbursable fee agreements to pay for additional Customs staff. Generally, businesses or Page 1 16 Packet Pg. 35 8.B.1.a t,J L �tirj� COUNT Y VAN SCQYOC ASSOCIATES other entities utilizing such additional staff or hours will pay for the added services through a reimbursable fee agreement with the airport and the Customs office. Again, these requests are still subject to the availability of officers. Federal Aviation Administration Reauthorization In September 2017, Congress passed a short-term Federal Aviation Administration (FAA) extension through March 2018. The short-term extension did not include any significant policy changes. Both the House and Senate have drafted comprehensive reauthorization bills, however neither has been able to pass their respective bills out of their chamber and there are significant differences between the two. The House bill, the 215t Century AIRR Act (HR 2997) would increase the authorized funding level for the Airport Improvement Program (AIP) to $3.424 billion in Fiscal Year (FY) 2018, which is $74 million above the currently authorized level. The bill also raises the authorized funding level each fiscal year, up to $3.817 billion in FY 2023, which is $467 million over the currently authorized level. AIP is a federal grant program that provides funds to public airports to improve safety and efficiency. The program is funded through taxes on airplane tickets and aviation fuel. This funding stream is critical to improvements at the Treasure Coast International Airport and is subject to annual appropriations by Congress. The House legislation does not propose any increase for the Passenger Facility Charge (PFC), which is a tool that airports can use to fund infrastructure improvements. The House legislation also contains a controversial provision to privatize Air Traffic Control (ATC). The Senate bill, the Federal Aviation Administration Reauthorization Act of 2017 (S. 1405) maintains the currently authorized funding level of $3.35 billion for FY 2018. The AIP funding level would rise to $3.75 billion for FY 2019-2021, $400 million over the currently authorized level. The Senate bill does not propose any increase for the PFC and does not include the ATC privatization language. For FY 2017, Congress provided $3.35 billion for the AIP program. The House has included $3.35 billion for the AIP in their funding bill. Meanwhile, the Senate Transportation Housing and Urban Development (THUD) Appropriations bill addresses both the PFC and AIP funding. The Senate THUD Appropriations bill includes authorization for a $4 increase for the PFC. Secondly, an additional $250 million would be added to AIP funding, bringing the total up to $3.6 billion. In exchange, the large hub airports would give up their remaining AIP entitlement dollars, allowing those funds to cycle back to the Small Airports Fund. Authorized by Congress in 1992, the PFC allows commercial airports controlled by public agencies to charge $3.00 per passenger through airline tickets. The PFC cap was raised in 2001 to $4.50, but has not been increased since. Several airport groups, including the American Association of Airport Executives and the Airports Council International -North America, advocate for local authority to raise the cap per enplanement in order to meet current infrastructure needs and prepare for future demand. POSITION: Support efforts to establish an independent customs office at the Treasure Coast International Airport. Support the hiring of additional Customs officers nationwide to help alleviate nationwide shortages. Support any Treasure Coast International Airport grant proposals through the Airport Improvement Program. Support $3.35 billion in annual appropriations for the Airport Improvement Program. Monitor the FAA reauthorization proposals for negative impacts to the Treasure Coast International Airport, particularly with regard to privatized air traffic control. Page 1 17 Packet Pg. 36 8.B.1.a VAN SCQYOC ASSOCIATES FEDERAL ISSUE: Healthcare Reform BACKGROUND; HOW IT MAY AFFECT ST. LUCIE COUNTY: The Patient Protection and Affordable Care Act (PPACA), often referred to simply as the Affordable Care Act (ACA) or "Obamacare," was passed by Congress and signed into law in 2010. The primary goal of the ACA was to increase the quality and affordability of health insurance, as well as lower the uninsured rate by expanding public and private insurance coverage. The law included a number of mechanisms, including individual and employer mandates, insurance exchanges, minimum standards of care, and new taxes/fees to accomplish these goals. Since its passage in 2010, Republicans have unsuccessfully worked to repeal the law many times. The 2016 election, which resulted in unified government under Republican control, provided an opportunity to successfully do so, however repeated legislative efforts during the 115' Congress have, thus far, failed. Congress was able to repeal the individual mandate as a part of the recently passed tax reform legislation. With legislative efforts to fully repeal and replace the ACA failing earlier this year, several smaller efforts have now emerged to undermine or modify the ACA. These efforts include the Trump Administration's decision in October to cut off subsidies to insurers selling coverage through the ACA, an earlier decision to reduce the advertising budget for the ACA's open enrollment period by 90 percent, and cutting back on grants to navigators, who assist citizens in enrolling by approximately 40 percent. Additionally, some members of Congress have sought to address other parts the ACA through legislative means. Potential legislative action has ranged from a bipartisan plan in the Senate to restore ACA subsidies for two years in exchange for additional state flexibility. With respect to Medicaid, if it were changed to a block grant program, federal expenditures would be limited to a set amount given to states, ostensibly with fewer strings attached. This however, could end up forcing states and counties to come up with more money for Medicaid depending on how large of a block grant is provided to Florida and what type of program the state develops. Meanwhile, House Speaker Paul Ryan (R-WI) has long supported the idea of privatizing Medicare and has stated that entitlement reform will be a priority issue for the House in 2018. Specifically, Speaker Ryan supports changing Medicare from a single payer system in which the federal government pays directly for healthcare to a system where beneficiaries would use government benefits (i.e. a voucher) to purchase private insurance. According to Ryan, this would inject competition into the market, thereby reducing prices. However, critics point out this would effectively end the program, and force seniors to navigate the private insurance market. There are also concerns that this could actually increase costs, as Medicare tends to be less expensive than private insurance. Additionally, Centers for Medicare and Medicaid Services (CMS) Administrator Seema Verma has indicated support for changes to the Medicaid program. In late 2017, she indicated that CMS would encourage states "to propose innovative Medicaid reforms, reduce federal regulatory burdens, increase efficiency, and promote transparency and accountability." As an example of the type of changes CMS would be supportive of, Administrator Verma indicated that they would approve waiver requests from states that include a requirement that recipients participate in community engagement activities, such as employment, job training and education. This is a significant shift for the Medicaid program and could affect the number of participants in the program, impacting the County's cost -share with the state and shifting uninsured health care costs onto local hospitals and communities. Page 1 18 Packet Pg. 37 8.B.1.a VAN SCQYOC ASSOCIATES Future ACA repeal or reform could provide an opportunity to address the issue of the Cadillac tax. Under the ACA, a Cadillac health plan is defined as a plan with annual premiums exceeding $10,200 for individuals or $27,500 for families. Under current law, and beginning in 2020, a 40 percent excise tax will be assessed on any dollar amount paid in premiums exceeding the aforementioned values, which, after 2020, will adjust to inflation annually. However, the rate of growth in healthcare costs often outpaces the rate of inflation, meaning employers are likely to pay significantly more each year. Originally envisioned as a tool to reduce healthcare costs, the tax in practice looks increasingly like an increase in out-of-pocket costs for workers. The tax, which is estimated to generate $87 billion over the next ten years, is an offset to pay for the ACA. The excise tax was originally slated to begin in 2013. However, due to strong concerns expressed by labor groups and others, the ACA has amended by Congress to delay the tax until 2020. Recently, legislation has been filed in the House to further delay the tax an additional year until 2021. Additionally, a House bill to repeal the Cadillac tax completely now has 226 cosponsors, including Congressman Brian Mast, which is over half of the members. The companion legislation in the Senate currently has 20 cosponsors. POSITION: Monitor efforts to repeal, replace, or amend the Affordable Care Act. Monitor changes to Medicaid and Medicare. Support the repeal of the excise tax on high -cost health insurance plans (a.k.a. the Cadillac tax) within the Affordable Care Act. i a g Packet Pg. 38 8.B.1.a VAN SCQYOC ASSOCIATES FEDERAL ISSUE: Mental Health Care BACKGROUND; HOW IT MAY AFFECT ST. LUCIE COUNTY: It is estimated that more than 50 million Americans experience some form of mental illness each year, with 11 million considered severely mentally ill. Millions of those who suffer (approximately 40 percent), however, are not able to access the treatment they need. Even when care is delivered, it is often delayed for more than two years after the illness first appears. There has been a renewed interest in mental health care over the past several years. The Patient Protection and Affordable Care Act (ACA, also known as "Obamacare") included significant reforms to mental health coverage. Specifically, the legislation named mental health treatment as an essential health benefit that insurance plans are required to cover. While most large -group plans previously offered some kind of mental health benefits, only 18 percent of small -group and individual plans covered mental health. During efforts to repeal the ACA this year, there was discussion of allowing states to opt out of requiring essential health benefits, however these efforts were not successful. Furthermore, it is estimated that the Medicaid expansion under the ACA has provided as many as 2.8 million people who suffer from a serious mental illness with coverage. In addition to these provisions, the 2008 Mental Health Parity and Addiction Equity Act, which requires insurers to cover mental health at a level that is comparable to their physical health coverage, has now been implemented. In December 2016, President Obama signed into law the 21 st Century Cures Act, which includes a number of provisions related to healthcare, mental health, and addiction. Among other things, the bill reauthorizes several key mental health and substance abuse programs, such as the Community and Mental Health Services block grant, the Substance Abuse Prevention and Treatment block grant, and the Mentally Ill Offender Treatment and Crime Reduction Act. It also includes a provision to strengthen the Mental Health Parity and Addiction Equity Act. Lastly, the Helping Families in Mental Health Crisis Act, which was passed by the House in July and includes a number of positive mental health reforms, has been rolled into the 21 st Century Cures Act. This legislation proposed reorienting the mental health system from its focus on serving the largest number of highest functioning patients towards providing treatment for the most seriously mentally ill instead. Specific initiatives within the legislation include: lifting a 16-bed cap on inpatient psychiatric hospital beds under Medicaid, advancing tele-psychiatry to link primary care doctors with mental health providers in areas where patients do not have access to such services, increasing funding for brain research to better understand the underlying causes of mental illness, extending health IT so mental health providers can better coordinate with primary care physicians, and implementing criminal justice reforms so patients are treated within the healthcare system and not through the justice system, among several other provisions. The legislation has an estimated $6.3 billion price tag. Roughly half of the bill would be offset by future cuts of $3.5 billion to the Prevention and Public Health Fund, which was created by the Affordable Care Act (Obamacare) and helps fund public health departments around the country. It is important to note that this fund continues to be a target of Congress, with additional cuts proposed to help pay for the Children's Health Insurance Program and to fund community health centers. POSITION: Support legislation that responsibly expands treatment options for the mentally ill. Page 1 20 Packet Pg. 39 8.B.1.a VAN SCQYOC ASSOCIATES FEDERAL ISSUE: Opioid Addiction BACKGROUND; HOW IT MAY AFFECT ST. LUCIE COUNTY: Opioids are a class of drugs made from opium, as well as synthetic or semi -synthetic drugs that resemble these opium -based drugs. Many opioids are available by prescription. Examples include oxycodone, codeine, morphine, and fentanyl. Heroin is an opioid that is illegal. These drugs are often referred to as narcotics. Over 42,000 people died of opioid overdoses in the United States in 2016. The below map from the Centers for Disease Control and Prevention (CDC) shows total opioid death rates by state. The data in the map encompasses everything from heroin to hydrocodone to fentanyl. New Hampshire, Ohio, Kentucky, West Virginia and Pennsylvania have highest death rates in the country. For 2016, Florida has the 16' highest opioid related death rate among states as calculated by the CDC, and the problem has been increasing dramatically. According to a recent report from the Florida Department of Law Enforcement (FDLE), the number of opioid related deaths in the state increased by 35 percent from 2015 to 2016. Tx W, Legend 6.9 to 11.0 11.1 to 13.5 ■ 13.6 to 16.0 ■ 16.1 to 1B.5 ■ 18.6 to 21.0 Z 21.1 to 52.0 1 4® Congress has taken two major steps on opioid addiction. First was the Comprehensive Addiction and Recovery Act (CARA) passed in July 2016. This bill authorized a variety of activities across many federal agencies to combat opioid addiction. This includes pharmaceutical research and development, law enforcement tools, and addiction recovery programs. However, CARA does not provide any funding Page 1 21 Packet Pg. 40 8.B.1.a t,J L �tirj VAN SCQYOC for these activities, leaving the funding levels for each of the authorized activities subject to annual appropriations. The 21It Century Cures Act, passed in December 2016, also addresses opioid abuse. Section 1003 of the bill provides $1 billion to the states to address opioid abuse. The $1 billion is to be provided over a two- year period, and the first $500 million was appropriated in the FY 2017 Continuing Resolution in December 2016. Florida received just over $27.1 million through the first allocation of funding. During a recent Senate Health, Education, Labor and Pensions (HELP) Committee hearing regarding the implementation of the 215t Century Cures Act, the Administration stated that they plan to continue to allocate opioid epidemic funding based on a state's population, rather than considering need. This will provide more funding to Florida as a high -population state. In October of 2017, President Trump declared the opioid crisis a national public health emergency. Public health emergencies are typically reserved for outbreaks of infectious diseases and provide a narrow focus. The public health emergency declaration falls short of the national emergency declaration recommended by the President's Commission on Combating Drug Addiction and the Opioid Crisis. No additional federal funds are provided through the declaration and it provides few tangible, on the ground benefits. It does allow Health and Human Services (HHS) to redirect some existing resources and to eliminate some paperwork and administrative procedures from certain tasks, such as hiring personnel and expanding access to telemedicine. The declaration lasts for 90 days and can be renewed. In addition to the public health emergency declaration, the President announced a new anti -drug advertising campaign and emphasized several other ongoing efforts, such as a public -private partnership through the National Institute of Health to develop safer pain treatments. He also stated that the administration would be looking at waiving some inpatient treatment Medicaid restrictions, but did not commit any additional dollars to the effort or outline any details about the waivers. Either through appropriators funding of CARA activities or federal agencies fighting opioid addiction through discretionary programs under the Secretary, there will continue be opportunities to address opioid addiction in the remainder of the 115t1i Congress. POSITION: Support appropriations activities to fund programs in CARA and the 21 It Century Cures Act. Monitor HHS for guidance regarding the allocation of 215Y Century Cures state formula funding. Support attempts by entities within St. Lucie County to secure funding to fight opioid addiction. Page 1 22 Packet Pg. 41 8.B.1.a VAN SCQYOC ASSOCIATES FEDERAL ISSUE: Aging Issues BACKGROUND; HOW IT MAY AFFECT ST. LUCIE COUNTY: National Institute on Aging — Funding for Alzheimer's and Dementia Research The National Institute on Aging (NIA), one of the 27 institutes and centers of the National Institutes of Health (NIH), leads the national scientific effort to understand the nature of aging in order to promote the health and well-being of older adults, whose numbers are projected to escalate in the coming years due to increased life expectancy and the aging of the baby boomer generation. According to the U.S. Census Bureau, the number of people age 65 and older will more than double between 2010 and 2050 to 88.5 million, or 20 percent of the population; and those 85 and older will increase three -fold to 19 million. Chronic diseases associated with aging account for more than 75 percent of Medicare and other federal health expenditures. Unprecedented increases in age -related diseases as the population ages are one reason the Congressional Budget Office projects that total spending on healthcare will rise from 17 percent currently to 25 percent of the U.S. gross domestic product by 2025. Alzheimer's disease and related dementias are a particularly dramatic example of the crisis ahead. The NIA reports that as many as 5.1 million Americans currently have Alzheimer's disease, and the incidence is expected to triple to 13.8 million by 2050. The financial burden of Alzheimer's disease on the United States is anticipated to increase exponentially from $307 billion annually to $1.5 trillion as baby boomers age. The NIA is the lead federal agency for research into Alzheimer's disease. Between Fiscal Year (FY) 2003 and FY 2010, scientists at NIA saw a series of nominal increases and cuts that amounted to a 14.7 percent reduction in constant dollars. For FY 2014, Congress provided just $540 million for Alzheimer's disease, while $6 billion went to cancer research, $3 billion to HIV/AIDS, $2 billion to cardiovascular disease, $1.3 billion to heart disease, and more than $1 billion to diabetes. Since that time, there have been consistent increases in funding each year. In FY 2017, Congress provided $1.39 billion for Alzheimer's research, $260 million for the Brain Research through Advancing Innovative Neurotechnologies (BRAIN) Initiative, as well providing the Department of Defense's Alzheimer's research budget with $15 million. While Congress has not yet completed the FY 2018 appropriations process, both the House and Senate Appropriations Committees recommend increases in Alzheimer's research to $1.8 billion. With regard to the BRAIN Initiative, the Senate recommends $400 million in funding, while the House recommends $336 million. Older Americans Act Programs Most federal programs that exist for the delivery of social and nutritional services for the elderly in St. Lucie County emanate from the Older Americans Act (OAA). These include supportive services, congregate nutrition services (meals served at group sites such as senior centers, schools, churches, or senior housing complexes), home -delivered nutrition services, family caregiver support, community service employment, and services to support the health, and prevent the abuse, neglect, and exploitation, of older persons. Page 1 23 Packet Pg. 42 8.B.1.a VAN SCQYOC ASSOCIATES The OAA was reauthorized in April 2016 through Fiscal Year 2019. This marks a major milestone as the programs under the OAA operated without authorization since Fiscal Year 2011. The bill was championed by Senators Alexander and Sanders and ultimately passed both the House and Senate by a voice vote. The majority of the funding for OAA grant programs goes through the Department of Health and Human Services' Administration for Community Living (ACL), which provides formula funds to state and local agencies designated to provide direct services to the elderly. The ACL also offers some competitive opportunities. The federal government provides some flexibility for spending allocated OAA funds in areas where there is a greater need. These services are available to all persons aged 60 and older, but are targeted to those with the greatest economic or social need, particularly low-income and minority persons and the elderly who live in rural areas. During a time when funding for many federal domestic programs has been significantly reduced, appropriations provided for the ACL have remained relatively stable. Between Fiscal Years (FY) 2013- 2016, funding for the ACL was $1.47 billion, $1.61 billion, and $1.62 billion, and $1.96 billion respectively. In FY 2017, Congress provided a slight decrease in funding of $1.919 billion. For FY 2018, the House has proposed $2.237 billion while the Senate has proposed $1.993 billion. Both of these amounts are higher than the $1.907 billion request in the President's budget request. POSITION: Support adequate federal funding for Alzheimer's and dementia research at the National Institute on Aging. Support continued adequate annual funding for Older Americans Act programs that support critical social service programs serving elder persons in St. Lucie County. i a g Packet Pg. 43 8.B.1.a VAN SCQYOC ASSOCIATES FEDERAL ISSUE: Economic Development Administration BACKGROUND; HOW IT MAY AFFECT ST. LUCIE COUNTY: The Economic Development Administration (EDA) is primarily a granting agency that funds economic development projects throughout the country. Successful projects often leverage roughly 200 new jobs and $24 million in private investment for every $1 million of EDA investment. St. Lucie County has secured these funds in the past for economic development projects, including at the airport. In December 2010, St. Lucie County submitted a grant application to the EDA to help fund an infrastructure project at the Treasure Coast Research Park (TCRP). EDA initially approved the grant, but later rescinded the application due to challenges related to securing private sector commitments of job creation. More recently, in 2013, the Treasure Coast Education, Research and Development Authority (TCERDA) applied for funding for their proposed Sunshine Kitchen Food Business Incubator (SKFBI) project through the EDA's Public Works Investment Assistance Program. The SKFBI project calls for the construction of an 8000 square -foot structure on the TCRP campus to house a professionally -equipped commercial kitchen and research lab designed to aid entrepreneurs in the development of commercially viable food ventures. Once constructed, the SKFBI will offer professional business consultative services to assist in developing a business plan for their ventures and serve as a working laboratory to develop, process, market, package, and promote their product. Although this initial request was denied, the County and TCERDA reapplied for funding and were awarded $895,000 in 2014 for the SKFBI project. The Trump Administration has proposed eliminating the Economic Development Administration (EDA). Although Congress has not gone along with this proposal so far in the 2018 appropriations process, both the House and Senate have proposed cuts to the EDA's funding. In FY 2017, Congress provided the EDA with $276 million. In their respective FY 2018 appropriations bills, the House has proposed $176 million in funding while the Senate has suggested $254 million for the EDA. POSITION: Support continued annual funding of the Economic Development Administration. Support any St. Lucie County Economic Development Administration grant applications as applicable. Pa g e 1 25 Packet Pg. 44 8.B.1.a VAN SCQYOC ASSOCIATES FEDERAL ISSUE: Community Services Block Grants & the Low Income Home Energy Assistance Program BACKGROUND; HOW IT MAY AFFECT ST. LUCIE COUNTY: The Community Services Block Grant (CSBG) program allocates federal funding to alleviate the causes and conditions of poverty in communities. The funds provide for a range of services and activities to assist the needs of low-income individuals, including those addressing employment, education, better use of available income, housing, nutrition, emergency services and/or health. In St. Lucie County, the Community Services Division administers CSBG funding, which is the most flexible funding source the County has for addressing self-sufficiency initiatives. The program has income requirements, yet is not an entitlement program, thereby allowing the County to work with clients that are highly motivated to reduce their dependence on public benefits. The CSBG program has seen strong funding levels over the past few years, receiving $674 million in FY 2014 and FY 2015 and $715 million in FY 2016. For FY 2017, Congress provided level funding of $715 million. In President Trump's FY 2018 budget, he proposed eliminating CSBG, however, Congress has not agreed to that request. For FY 2018, the House has recommended $600 million while the Senate has proposed $700 million for CSBG. Meanwhile, the Low Income Home Energy Program (LIHEAP) provides heating assistance to low- income households. Also administered in St. Lucie County, LIHEAP is the only lifeline for some of the most impoverished families and seniors in the community. While LIHEAP is often thought of as a program that benefits northern states, it is equally important in Florida due to the expense of cooling a residence during excessive heat in the summer months. The LIHEAP program has seen reduced funding over the past few years. Since FY 2010 when LIHEAP was funded at $5.1 billion, Congress has reduced funding to the program. In FY 2017, they provided $3.39 billion, which was level with the FY 2016 funding level. The Trump Administration also proposed eliminating this program in their FY 2018 budget, however both the House and Senate have proposed level funding. POSITION: Support continued adequate annual funding for both the Community Services Block Grant and the Low Income Home Energy Assistance Program. Page 1 26 Packet Pg. 45 8.B.1.a VAN SCQYOC ASSOCIATES FEDERAL ISSUE: Department of Housing and Urban Development Formula Programs BACKGROUND; HOW IT MAY AFFECT ST. LUCIE COUNTY: St. Lucie County and its two largest cities receive direct allocations of funding from two Department of Housing and Urban Development (HUD) formula programs: the HOME Investment Partnership (HOME) and Community Development Block Grants (CDBG). CDBG is a flexible grant program that provides communities with federal funding to address a wide range of unique community development needs. The CDBG program provides annual grants on a formula basis to states and local governments. HOME funds are designed to create affordable housing for low-income households and are awarded annually as formula grants to participating jurisdictions. HUD establishes HOME Investment Trust Funds for each grantee, providing a line of credit that the jurisdiction may draw upon as needed. The program allows local governments to use HOME funds for grants, direct loans, loan guarantees or other forms of credit enhancement, rental assistance, or security deposits. Since Fiscal Year (FY) 2010, nationwide funding for the CDBG and HOME programs has been significantly reduced with varying changes to individual recipients. The FY 2017 omnibus appropriations bill provided $3 billion for the CDBG program and $950 million for HOME, both of which were level with FY 2016 funding. In FY 2017, the County received $440,401 in HOME funding, and the cities of Fort Pierce and Port St. Lucie received $477,456 and $1,011,694, respectively, in CDBG funds. For FY 2018, the Administration proposed eliminating both programs. To date, both the House and Senate have proposed $2.9 billion and $3 billion respectively for CDBG and $950 million for HOME in their respective FY 2018 appropriations bills which have yet to be completed. POSITION: Support adequate funding for future fiscal years for both the HOME Investment Partnerships and the Community Development Block Grants programs because of their critical role in the County's overall efforts to support those that are least fortunate. Page 1 27 Packet Pg. 46 8.B.1.a VAN SCQYOC ASSOCIATES FEDERAL ISSUE: Federal Criminal Justice Reform BACKGROUND; HOW IT MAY AFFECT ST. LUCIE COUNTY: Congress developed legislation aimed at reforming the criminal justice system over the past several years, however, none of the proposals have yet to be signed into law. The Trump Administration has not placed a high priority on criminal justice reform, so it is unclear whether any of the current Congressional proposals would find support in the White House. Among the largest proposals put forth by Congress, the Sentencing Reform and Corrections Act of 2015 (S. 2123) was reintroduced in the 115t' Congress in October. It is designed to address overcrowding in the federal prison population by reducing mandatory minimums for certain prison sentences, such as non- violent, non -trafficking drug offenses, while also raising the mandatory minimum for other crimes, such as domestic violence. The bill would also place limits on solitary confinement for juveniles, establish recidivism reduction programs to help incarcerated individuals prepare to reenter society and create a National Criminal Justice Commission to undertake a comprehensive review of the criminal justice system. In the 114' Congress, S. 2123 was approved by the Senate Judiciary Committee by a vote of 15- 5 but was not consideration on the Senate floor. The Pretrial Integrity and Safety Act of 2017, was introduced in the Senate by Sen. Kamala Harris (D- CA) and Sen. Rand Paul (R-KY) with Congressman Carlos Curbelo (R-FL) and Congressman Ted Lieu (D-CA), along with Congresswoman Mia Love (R-UT) and Congresswoman Sheila Jackson Lee (D-TX), introducing a House companion measure. The bill authorizes a three-year, $10 million grant program to incentivize states to reform or replace the practice of money bail. In addition, it would authorize funding for national data collection on the processing of defendants in state and municipal courts and require a Department of Justice report annually on the effectiveness of the grant program. Neither bill has been heard in committee. The Second Chance Reauthorization Act has been refiled in the House (HR 2899) and would reauthorize and streamline the Second Chance Act programs, which provide grants, training, and technical assistance to states, local governments, and nonprofits to prevent criminal recidivism. The various programs include demonstration grants, reentry courts, mental health and addiction treatment, and employment services, among others. The bill has 35 bipartisan cosponsors, but has not had a hearing. Another bill - the Comprehensive Justice and Mental Health Act of 2015 (S.993/H.R. 1854) - would have reauthorized and updated the Mentally Ill Offender Treatment and Crime Reduction Act to help facilitate collaboration among the criminal justice, juvenile justice, mental health treatment, and substance abuse systems to ensure those with mental illness receive the care they need. The Senate unanimously passed S. 993 in December 2015 and the House Judiciary Committee approved H.R. 1854 in January 2016. The bill was not considered by the full House in the 114t' Congress. Thus far, the bill has not been reintroduced in the 115'h Congress. POSITION: Support legislation that seeks to improve the federal criminal justice system, including improvements to mental health services for offenders. Page 1 28 Packet Pg. 47 8.B.1.a VAN SCQYOC ASSOCIATES FEDERAL ISSUE: Domestic Discretionary Spending Pressure BACKGROUND; HOW IT MAY AFFECT ST. LUCIE COUNTY: In late May 2017, the Trump Administration released their Fiscal Year (FY) 2018 budget proposal. Among those agencies that fare best include the departments of Defense (10% increase), Homeland Security (6.8% increase), and Veterans Affairs (5.9% increase). Meanwhile, agencies that face the most significant budget reductions include the following: EPA (31.4%), HHS (16.2%), State/U.S. AID (28%), Labor (20+%), Agriculture (21%), Transportation (12%), Commerce (16%), Education (13%), HUD (13.2%), Interior (12%). The budget proposal included cuts to or the elimination of several programs of importance to the County. Specifically, the Administration's budget proposal: • Eliminates/Reduces FEMA state and local grant funding by $667 million including Pre -Disaster Mitigation Grants and the Homeland Security Grant Program, including the Urban Area Security Initiative program (UASI). The budget also calls for a 25% non -Federal match for FEMA preparedness grants that currently do not require any match. • Eliminates the Community Development Block Grant program (CDBG) • Eliminates HOME, Choice Neighborhoods and the Self-help Homeownership Opportunity Program • Eliminates the Community Services Block Grant Program (CSBG) • Eliminates the Low Income Home Energy Assistance Program • Eliminates an additional $490 million in Department of Justice programs. • Eliminates the Economic Development Administration, which provides grants for local economic development projects that create jobs • Eliminates the EPA's National Estuary program • Eliminates the TIGER grant program After the release of the budget, the County engaged with Congress to advocate for these programs. Congress ultimately funds the government and often ignores much of what the President recommends, but the FY 2018 budget proposes so many reductions or whole elimination of programs while significantly boosting spending in other areas (defense, a southern wall, for instance) that many members of Congress support, making it difficult to restore all funding to domestic agencies or programs of importance. If a piece of the pie gets bigger, the entire pie is not likely to grow — instead other pieces will get smaller. Another threat to discretionary spending is sequestration. The Budget Control Act (passed in 2011) established budgetary caps in law for discretionary spending — one cap for defense accounts and another for non -defense accounts — through FY 2021. The penalty for spending over the caps is a sequestration of funds to ensure spending is in line with the budgetary caps established in law. Sequestration would result in a percentage -based cut to every account, program and project funded by discretionary spending. For FY 2018, many Members of Congress are concerned about the discretionary spending caps being too restrictive. Since the budget caps are established by law, Congress can change the law to allow for higher spending levels. They did this in October 2015 when they reached a budget deal for FY 2016 and FY 2017 for new top -line spending levels. POSITION: Monitor proposed cuts to non -defense discretionary programs of importance to St. Lucie County. Page 1 29 Packet Pg. 48 8.B.1.a VAN SCQYOC ASSOCIATES FEDERAL ISSUE: Citrus Issues BACKGROUND; HOW IT MAY AFFECT ST. LUCIE COUNTY: The Indian River Citrus District's premium crop has been, and will continue to be, grapefruit, although oranges which are often blended into juice are also grown in the District. St. Lucie County growers are within the Indian River Citrus District. Currently, the District raises 70% of the total grapefruit crop grown in the State of Florida. Three out of every four grapefruit that leave the State of Florida fresh come from this District. Approximately 14 million cartons of "Indian River" fruit were exported during the 2006-2007 season. Unfortunately, citrus trees and crops face serious threats from infectious diseases, especially citrus greening or huanglongbing (HLB). This disease reduces production and destroys the economic value of fruit. The spread and cause of HLB are associated with a phloem -feeding insect (Asian citrus psyllid (ACP), Diapharina citri) and a fastidious bacterium (Candidatus Liberibacter asiaticus). In early January, Congressman Buchanan and Senator Nelson reintroduced the Emergency Citrus Disease Response Act, originally introduced in 2015 to allow citrus farmers to immediately write-off the costs of planting new citrus groves. Under current law, the existing tax deduction does not kick in until the new grove produces income, which can take years. The theory behind the legislation is to provide an incentive for citrus farmers to plant new crops to keep up with demand without the risk of severe financial loss from citrus greening. Amending the deduction has been a point of discussion in citrus greening for a numbers of years. In the House, HR 112 has 33 co-sponsors including Congressman Brian Mast and several other bipartisan members of the Florida delegation. In the Senate, S. 71 has 2 cosponsors including Senator Rubio. In addition to disease, this year the citrus crop in Florida has incurred damage from Hurricane Irma. Funding to assist the citrus industry was not included in either of the first two emergency supplemental funding bills passed by Congress, but it is expected to be included in a forthcoming third supplemental bill. POSITION: Support federal efforts to benefit the citrus industry given its large importance to the economy of St. Lucie County. Page 1 30 Packet Pg. 49 8.B.1.a VAN SCQYOC ASSOCIATES FEDERAL ISSUE: Tax -Exempt Bonds BACKGROUND; HOW IT MAY AFFECT ST. LUCIE COUNTY: Although municipal bonds have been tax-exempt for almost 100 years, a number of federal proposals target this exemption, particularly as part of the debate regarding tax reform or federal spending reduction. With local governments facing severe budget difficulties, any proposal to limit the tax exemption would put more pressure on local finances by reducing demand for tax-exempt bonds and increasing borrowing costs for local governments, ultimately leading to higher taxes or reduced services. The Obama Administration had proposed a 28 percent limit on all itemized deductions for high -income individuals in its Fiscal Year (FY) 2017 budget. If this proposal had been accepted by Congress, it would have applied to all new and outstanding municipal bonds. According to a study conducted by the National Association of Counties, if this 28 percent cap had been in place over the past decade, borrowing costs to state and local governments would have increased by over $173 billion, while a full repeal would have cost nearly $500 billion over the same time period. The issue of the deductibility of municipal bonds was not included in the comprehensive tax reform legislation signed into law at the end of 2017, however it may continue to be an issue in the future. If this deduction was eliminated in the future, it would mean that bond issuers would have to offer higher rates to attract investors. It is estimated that the difference in the rate of earnings the County and other local governments would need to offer prospective buyers for their taxable bonds would depend on the market, but typically would range from 1.5 to 2 percent more for those offerings. On $1 million borrowed, this would likely cost $20,000 more in interest per year. Taking this further, if the County were to amortize a $100 million loan over 30 years at taxable bond rates two percent higher than if the bonds were tax- exempt, the additional cost to taxpayers over those 30 years could be roughly $30 million. POSITION: Oppose tax reform legislation that threatens the tax exemption on state and local bonds, including a 28 percent cap on tax-exempt municipal bonds. i a g Packet Pg. 50 8.B.1.a VAN SCQYOC ASSOCIATES FEDERAL ISSUE: Remote Sales -Tax Legislation BACKGROUND; HOW IT MAY AFFECT ST. LUCIE COUNTY: Currently, retailers are only required to collect sales tax in states where they have brick -and -mortar stores. The burden then falls to consumers to report to state tax departments any sales taxes they owe for online purchases. Often, due to complex reporting requirements, consumers do not report those purchases when completing their tax returns. As a result, local retailers are at a competitive disadvantage because they must collect sales taxes while out-of- state retailers, including many large online and catalog retailers, essentially give their customers a discount by collecting no state or local sales taxes. Therefore, the current sales tax system is perceived as being unfair to brick -and -mortar retailers that employ local residents, including local stores as well as national chains like Best Buy or Home Depot. The lost revenue is also a drain on local governments. In 2014, uncollected sales tax was estimated to have cost local governments $23 billion nationwide. To correct this inequity across the country, Congress introduced the Marketplace Fairness Act in both the House and Senate during the 113th Congress. The bill would have created two systems from which states could choose to facilitate the process of collecting these taxes. The first would have been the already established Streamlined Sales and Use Tax Agreement (SSUTA), which would have simplified state and local sales and use tax laws. Twenty-four states have already signed this agreement, which is also supported by the National League of Cities and the U.S. Conference of Mayors. The second alternative would have allowed for states to meet minimum requirements for their state tax laws and administration thereof. To protect small, online retailers, this legislation would have also exempted sellers who make less than $1,000,000 in total remote sales from the requirement to collect taxes. In 2013, the Senate passed the Marketplace Fairness Act with bipartisan support by a vote of 70-24, with Senator Nelson voting for the measure and Senator Rubio against it. In the House, companion legislation was not considered, although it had 67 cosponsors, including Florida Representatives Deutch, Ross, Wilson, and Diaz-Balart, and former Rep. Crenshaw. The issue reemerged in the 114t' Congress. In August 2016, House Judiciary Committee Chairman Bob Goodlatte (R-VA) released a discussion draft known as the Online Sales Simplification Act (OSSA), which would implement a hybrid -approach to taxing purchases made remotely. Under the draft, states would be able to impose sales tax on remote sales if the state first participates in a clearinghouse established under the OSSA. Then, remote sales would be taxable if the origin state collects sales taxes, yet at a rate adopted by the destination state. The sales tax rate would be a single state-wide rate determined by each participating state. This is significant as it would eliminate the option for many communities to add additional sales taxes for various local needs. The increasing pressure to pass remote sales tax legislation may have something to do with court cases in South Dakota and Alabama that are challenging a 1992 Supreme Court decision holding that states cannot require retailers with no in -state presence to collect sales tax. Both states have recently enacted rules requiring all retailers who sell more than a certain dollar amount of goods annually in the state to collect sales tax, regardless of physical presence. The South Dakota case was heard by the State Supreme Court in September 2017, which affirmed the decision of a lower court that the state does not have the authority to enact the rule. The State of South Dakota is now appealing the ruling to the Supreme Court. Page 1 32 Packet Pg. 51 8.B.1.a t,J L �tirj� VAN SCQYOC ASSOCIATES Overturning the 1992 decision would require the Supreme Court to take up at least one of the cases (and rule in favor of the state) or an act of Congress. Given this, and the reluctance of many Republicans to pass such a law, the issue may remain in the courts for the next several years. Remote sales tax was not addressed in the recently passed tax reform bill. POSITION: Monitor legislation that requires companies making catalog and internet sales to collect and remit the associated taxes. Support federal tax policies that maintain revenue streams to local governments. F a g Packet Pg. 52 8.B.1.a VAN SCQYOC ASSOCIATES FEDERAL ISSUE: Transient Occupancy Taxes BACKGROUND; HOW IT MAY AFFECT ST. LUCIE COUNTY: In the 11 lth and 1131 Congresses, attempts were made to insert language into various pieces of legislation that would have exempted online travel brokers (Expedia, Travelocity, etc.) from remitting the full transient occupancy tax rate collected from consumers to the appropriate local government. For instance, if Expedia or a similar purveyor were to pay $60 for a room in St. Lucie County and then sell that room to a consumer for $100, they would be able to, under the proposal, only remit $3 dollars to the local government instead of $5 (using the County's 5 percent tourist development tax for illustrative purposes). In 2009, 17 Florida counties filed an action against a number of online travel companies (OTC's) alleging that the companies have failed to collect and/or pay taxes under the respective tourist development tax ordinances. Those counties agreed to settle with the online travel companies for $6.1 million in 2010. During 2012, there were several Florida State Circuit Court cases that ruled in favor of the OTCs. Two cases, including the 17 county case, cited that Florida law is not clear on the issue, while a Circuit Court Judge ruled more directly that the OTCs only owe local tourist taxes on the discounted rates they paid for the rooms. Then, in June of 2015, the Florida Supreme Court affirmed the lower court rulings, stating that online travel companies are not hotels and, therefore, do not have to pay occupancy fees. Meanwhile, in 2012, the District of Columbia government won a suit where a judge ruled that online travel firms should repay back taxes on the full retail price of hotel rooms they sold to consumers in the years after the D.C. City Council passed legislation mandating they do so. In 2014, a conditional settlement was reached in this case with six online travel firms. Although they have a right to appeal the D.0 Superior Court decision, they agreed to pay $60.9 million in back taxes to the D.C. government. Between 1998 and 2010, the amount owed in the lawsuit was estimated to be over $200 million. hi 2015, local governments reportedly filed 88 lawsuits against Expedia and others for tax underpayment. The company won dismissal in 23 cases while 35 remain active. The remainder of the cases have been settled, put on hold, referred to administrative proceedings, or otherwise resolved. A 2011 estimate by the Center for Budget and Policy Priorities suggests that state and local governments lose as much as $396 million a year due to such remittance practices by online hotel purveyors. These examples demonstrate how courts across the country have ruled differently on this issue over the past few years, which has led online travel purveyors to continue to seek federal legislation that would codify their goal of not remitting taxes on the price of the hotel room paid by the consumer. In 2012, several of these online discount travel brokers (including Expedia, Orbitz, and Priceline) organized and registered to lobby under a new organization called the "Interactive Travel Services Association," whose purpose is to advocate on several issues, including "taxes and fees related to travel." In 2013, Expedia and other online hotel room purveyors attempted to amend the Marketplace Fairness Act to achieve their transient occupancy tax objectives. Ultimately, this effort was unsuccessful and the bill was passed out of the Senate without this language. In Fiscal Year 2015-2016, St. Lucie County collected $3.652 million from its tourist development tax, which is used to support the tourism industry in the region. This was a 20.1 percent increase from the previous fiscal year. This level of funding underscores the importance of this revenue source and the need to ensure it is not constrained by detrimental legislation. Page 1 34 Packet Pg. 53 8.B.1.a VAN SCOYOC AS50CIATES POSITION: Oppose legislation that would exempt Internet travel brokers from paying taxes on the full room rate paid by the consumer, thereby costing St. Lucie County and its political subdivisions the opportunity to collect the appropriate Transient Occupancy Taxes from visitors to the region. i a g Packet Pg. 54 8.B.1.a VAN SCQYOC ASSOCIATES FEDERAL ISSUE: Siting of Wireless Facilities BACKGROUND; HOW IT MAY AFFECT ST. LUCIE COUNTY: As telecommunications technology advances, companies have developed new wireless equipment to support 5G networks. These new small cell towers can range in size from approximately the size of a briefcase to something closer to the size of a refrigerator. The telecommunications industry has indicated that these small cell towers are needed to support increased use, faster internet speeds, and other uses such as driverless vehicles. Legislation has been introduced in many state legislatures, including in Florida, to limit local control over the siting and leases on publicly -owned infrastructure or in rights -of -way. Most recently, Florida passed a preemption bill during the 2017 legislative session. The issue has arisen at the federal level as well, with the Senate Commerce Committee currently discussing draft legislation pertaining to the issue which would potentially expand the preemption beyond the legislation passed by the state legislature in Florida. The bill pending introduction is problematic in its current form because: • It would impose sharply reduced "shot clock" time limits for local governments to process potentially unlimited wireless facility applications for all sizes; • "Deem granted" applications for facilities when local governments are unable to meet the stringent time limits; • Potentially result in applications being approved regardless of their safety, health or environmental impacts; • Interfere with local governments' management of their own property and their ability to receive appropriate compensation for its use. • Adds municipal electric utility poles to the federal pole attachment statute and does not preserve any of the carve outs that are included in Florida law, such as those for municipal electric utility poles and those for certain rights -of -ways. • The draft is silent on the installation of wireless facilities when state or local regulations do not permit above -ground utilities, which may result in federal law preempting those local regulations. While the legislation has yet to be introduced, it is anticipated that it would be strongly opposed by local governments. Previous efforts to pass similar language in the past have failed, however the telecommunications industry has continued to push for the changes. Although many cities share the goal of ensuring access to affordable, reliable high-speed broadband and welcome new wireless infrastructure, it should be installed in collaboration with local governments and not preempt local control. POSITION: Oppose legislation that would preempt local government control and force local governments to lease publicly -owned infrastructure for the installation of "small cell" wireless towers. Page 1 36 Packet Pg. 55 8.C.1 ITEM NO. (ID # 5001) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Daniel S. McIntyre, County Attorney County Attorney DATE 02/20/2018 *CONSENT AGENDA\COUNTY ATTORNEY Declarations of the St. Lucie County Public Safety Director Declaring a State of Local Emergency for Hurricane Irma On September 4, 2017, the Governor of the State of Florida issued Executive Order 17-235 declaring a state of emergency for the entire State of Florida. The National Hurricane Center had identified Hurricane Irma and had issued a hurricane warning for the east coast of Florida, including St. Lucie County. The Executive Order authorized political subdivisions to take whatever prudent action was necessary to ensure the health, safety and welfare of the community. Because Hurricane Irma was expected to expose the citizens of St. Lucie County to danger of life and property, it was recommended by the County Administrator and the Public Safety Director to issue a Declaration of Emergency for St. Lucie County. The Declaration was signed on September 7, 2017 and would terminate in seven days. Hurricane Irma hit on September 10, 2017, flooding hundreds of homes and leaving the vast majority of the County's residents without electrical power. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board ratify the four Declarations of Emergency for Hurricane Irma dated January 4, 2018, January 11, 2018, January 18, 2018 and January 25, 2018. COMMISSION ACTION: Packet Pg. 56 8.C.1 Coordination/Signatures Danie S. McIntyre, County ttorney 2/5/2018 .13LV y er, De y Coutny Administrator 2/5/2018 Updated: 2/2/2018 11:38 AM by Stephanie Bush Page 2 Packet Pg. 57 8.C.1.a A DECLARATION OF THE ST. LUCIE COUNTY PUBLIC SAFETY DIRECTOR DECLARING A STATE OF LOCAL EMERGENCY (HURRICANE IRMA) WHEREAS, the St. Lucie County Public Safety Director has made the following determinations: 1. The Board of County Commissioners of St. Lucie County has adopted Resolution No. 00-277 authorizing the County Administrator and the Public Safety Director to exercise certain emergency powers and authority during a local emergency. 2. A state of local emergency proclamation is allowed for seven (7) days with appropriate extensions pursuant to law. 3. The National Hurricane Center has identified Hurricane Irma and has issued a Hurricane Warning for the east coast of Florida, including St. Lucie County. 4. The Governor of the State of Florida issues Executive Order 17-235 dated September 4, 2017, declaring a state of emergency for the entire State of Florida; and 5. Executive Order 17-235, in accordance with Section 252.38, Florida Statutes, authorizes political subdivisions to take whatever prudent action is necessary to ensure the health, safety and welfare of the community; and 6. The presence of Hurricane Irma has placed St. Lucie County in a state of emergency, exposing the citizens thereof to danger to life and property. 7. St. Lucie County should take timely precautions to protect public and private property and members of the public from the potential effects of Hurricane Irma. S. It is the recommendation of the County Administrator and the Public Safety Director that a state of local emergency be declared for St. Lucie County and that this JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4350814 09/20/2017 09:47:26 AM OR BOOK 4042 PAGE 1815 - 1818 Doc Type: DEC RECORDING: $35.50 Packet Pg. 58 8.C.1.a Declaration declaring a state of local emergency be adopted. NOW THEREFORE, BE IT DECLARED AS FOLLOWS: 1. I, Ron Parrish, as Public Safety Director for St. Lucie County, in accordance with the powers vested in me pursuant to Chapter 252, Florida Statutes, and Resolution No. 00-277, do hereby proclaim the existence of a state of local emergency in St. Lucie County, Florida, as c identified above. This Declaration shall commence at ( :00 _.m. on I-yirX r =T 13 , 20 il and shall terminate automatically seven (7) days from this date unless terminated earlier or extended. 2. This Declaration authorizes the County Administrator or designee, to take all actions necessary and appropriate to protect human life and property, including the promulgation of rules and orders as may be necessary subject to the limitations of Section 252.33, Florida Statutes. All rules and orders promulgated hereunder shall be filed with the Clerk of the Court. This declaration further authorizes the County Administrator or designee, to utilize all lawful authority granted to St. Lucie County by the St. Lucie County Comprehensive Emergency Management Plan and by Federal, State or County Emergency Management Laws, Rules, Regulations, Orders and, including, but not limited to, Section 252.46 and Section 252.38(3)(a), Florida Statutes. Any such actions taken shall be ratified by the Board of County Commissioners as soon as practical under the circumstances. 3. All existing laws, ordinances, and rules inconsistent with the provisions of Section 252.31 to Section 252.905, Florida Statues, inclusive, or inconsistent with any rule or specifically promulgated under this declaration shall be suspended during the period of time and to the extent that such conflicts exists. Packet Pg. 59 8.C.1.a 4. The County.Administrator may suspend, toll or extend the time requirements, notice requirements and deadlines for final action on applications for permits, licenses, rates and other approvals under the St. Lucie County Code, to the extent necessary to accommodate the emergency. 5. Pursuant to Section 252.38(3)(a), Florida Statutes, the County hereby exercises its authority and waives the procedures and formalities otherwise required of a political subdivision by law, pertaining to: • Performance of public work and taking whatever prudent action is necessary to ensure the health, safety, and welfare of the community; • Entering into contracts; • Incurring obligations; • Employment of permanent and temporary workers; • Utilization of volunteer workers; • Rental of equipment; • Acquisition and distribution, with or without compensation, of supplies, materials, and facilities; and • Appropriation and expenditure of public funds 6. Any person violating any rule or order issued pursuant to this Declaration or any person who willfully fails or refuses to comply with the order or orders of any duly authorized law enforcement officer or personnel charged with the responsibility for the enforcement of such orders shall, upon conviction therefore, be punished as provided by Section 252.50, Florida Statutes, and by such other laws as may be applicable to the offense. Packet Pg. 60 8.C.1.a 7., . The state of emergency declared by this Declaration may be modified in whole or in part or may be terminated upon the joint recommendation of the County Administrator and the Public Safety Director, with ratification by the Board of County Commissioners as soon as is practicable at a regular or special meeting. This Declaration shall remain in effect for no longer that seven (7) days unless terminated or modified earlier, or extended in accordance with law. 8. If any provisions of this Declaration is invalidated by a court of competent jurisdiction, such invalidity shall not affect the remaining provisions of this Declaration, which shall have the full force and effect of the law. DONE AND ORDERED in St. Lucie County, Florida, the I I day of 4JC n`1 20 1.1 at :00 /_.m. Public Safety Director CONCU Howard N. Tf0ton -'- 'County Administrator APPROVED AS TO FORM & CORREONESS: Daniel S. McIntyre County Attorney Packet Pg. 61 8.C.1.b ST. LUCIE COUNTY, FLORIDA DECLARATION EXTENDING STATE OF LOCAL EMERGENCY (HURRICANE IRMA) WHEREAS, in preparation for the imminent impact of Hurricane Irma on St. Lucie County, the Public Safety Director of St. Lucie County, Florida issued a Declaration declaring a state of local emergency, dated September 7, 2017; and WHEREAS, Hurricane Irma passed along the County's coastline on September 10, 2017, destroying large swaths of the County's coastline, flooding hundreds of homes, and leaving the vast majority of the County's residents without electrical power; and WHEREAS, on September 14, 2017, the Public Safety Director extended the state of local emergency declared for St. Lucie County for additional seven day periods; and WHEREAS, the Board of County Commissioners ratified the Declarations declaring and extending the local state of emergency by unanimous vote at public meetings following each of the Declarations; and WHEREAS, the entire coastline of the County suffered heavy damage from the storm, and the County is actively engaged in disposing of debris removed from public and private right of ways, removing debris from the beaches and repairing dunes and dune walkovers; and WHEREAS, extending the declaration of state and local emergency facilitates the County's ability to effectively respond to emergency conditions along the beaches and otherwise implement emergency protective measures to mitigate future losses. NOW THEREFORE, in accordance with the emergency power vested in the County pursuant to Chapter 252, Florida Statutes, it is hereby declared that: 1. The state of local emergency declared on September 7, 2017 extended by JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4387454 01/05/2018 09 03:17 AM OR BOOK 4083 PAGE 1805 - 1806 Doc Type: ORD RECORDING: $18.50 Packet Pg. 62 8.C.1.b emergency declarations every seventh day thereafter and duly ratified by the Board of County Commissioners, is hereby extended for 7 days from the effective date of this Declaration, unless terminated or modified earlier or extended in accordance with law. 2. All emergency powers authorized by the Declaration of September 6, 2017 declaring a state of local emergency, and extended every seventh date thereafter are hereby retained and continued for the duration of this Declaration. pm. DONE AND ORDERED in St. Lucie County, Florida, the 4th day of January, 2018 at 6:00 Ron Parrish Public Safety Director Packet Pg. 63 8.C.1.c ST. LUCIE COUNTY, FLORIDA DECLARATION EXTENDING STATE OF LOCAL EMERGENCY (HURRICANE IRMA) WHEREAS, in preparation for the imminent impact of Hurricane Irma on St. Lucie County, the Public Safety Director of St. Lucie County, Florida issued a Declaration declaring a state of local emergency, dated September 7, 2017; and WHEREAS, Hurricane Irma passed along the County's coastline on September 10, 2017, destroying large swaths of the County's coastline, flooding hundreds of homes, and leaving the vast majority of the County's residents without electrical power; and WHEREAS, on September 14, 2017, the Public Safety Director extended the state of local emergency declared for St. Lucie County for additional seven day periods; and WHEREAS, the Board of County Commissioners ratified the Declarations declaring and extending the local state of emergency by unanimous vote at public meetings following each of the Declarations; and WHEREAS, the entire coastline of the County suffered heavy damage from the storm, and the County is actively engaged in disposing of debris removed from public and private right of ways, removing debris from the beaches and repairing dunes and dune walkovers; and WHEREAS, extending the declaration of state and local emergency facilitates the County's ability to effectively respond to emergency conditions along the beaches and otherwise implement emergency protective measures to mitigate future losses. NOW THEREFORE, in accordance with the emergency power vested in the County pursuant to Chapter 252, Florida Statutes, it is hereby declared that: 1. The state of local emergency declared on September 7, 2017 extended by JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 438957o 01111/2018 09:06:07 AM OR BOOK 4085 PAGE 2779 - 2780 Doc Type: MS RECORDING $18.50 Packet Pg. 64 8.C.1.c emergency declarations every seventh day thereafter and duly ratified by the Board of County Commissioners, is hereby extended for 7 days from the effective date of this Declaration, unless terminated or modified earlier or extended in accordance with law. 2. All emergency powers authorized by the Declaration of September 6, 2017 declaring a state of local emergency, and extended every seventh date thereafter are hereby retained and continued for the duration of this Declaration. pm. DONE AND ORDERED in St. Lucie County, Florida, the 11th day of January, 2018 at 6:00 "'Z Ron Plarrish Public Safety Director Packet Pg. 65 8.C.1.d ST. LUCIE COUNTY, FLORIDA DECLARATION EXTENDING STATE OF LOCAL EMERGENCY (HURRICANE IRMA) WHEREAS, in preparation for the imminent impact of Hurricane Irma on St. Lucie County, the Public Safety Director of St. Lucie County, Florida issued a Declaration declaring a state of local emergency, dated September 7, 2017; and WHEREAS, Hurricane Irma passed along the County's coastline on September 10, 2017, destroying large swaths of the County's coastline, flooding hundreds of homes, and leaving the vast majority of the County's residents without electrical power; and WHEREAS, on September 14, 2017, the Public Safety Director extended the state of local emergency declared for St. Lucie County for additional seven day periods; and WHEREAS, the Board of County Commissioners ratified the Declarations declaring and extending the local state of emergency by unanimous vote at public meetings following each of the Declarations; and WHEREAS, the entire coastline of the County suffered heavy damage from the storm, and the County is actively engaged in disposing of debris removed from public and private right of ways, removing debris from the beaches and repairing dunes and dune walkovers; and WHEREAS, extending the declaration of state and local emergency facilitates the County's ability to effectively respond to emergency conditions along the beaches and otherwise implement emergency protective measures to mitigate future losses. NOW THEREFORE, in accordance with the emergency power vested in the County pursuant to Chapter 252, Florida Statutes, it is hereby declared that: 1. The state of local emergency declared on September 7, 2017 extended by JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4395958 01130/2018 01:45:22 PM OR BOOK 409-1 PAGE 2911 - 2912 Doc Type: DEC RECORDING: $18.50 Packet Pg. 66 8.C.1.d emergency declarations every seventh day thereafter and duly ratified by the Board of County Commissioners, is hereby extended for 7 days from the effective date of this Declaration, unless terminated or modified earlier or extended in accordance with law. 2. All emergency powers authorized by the Declaration of September 6, 2017 declaring a state of local emergency, and extended every seventh date thereafter are hereby retained and continued for the duration of this Declaration. pm. DONE AND ORDERED in St. Lucie County, Florida, the 18th day of January, 2018 at 6:00 I ��- - Ron Pak rish Public Safety Director Packet Pg. 67 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4395957 0113012018 01:45:22 PM OR BOOT( 4091 PAGE 2909 - 2910 Doc Type: DEC RECORDING: $18.50 ST. LUCIE COUNTY, FLORIDA DECLARATION EXTENDING STATE OF LOCAL EMERGENCY (HURRICANE IRMA) WHEREAS, in preparation for the imminent impact of Hurricane Irma on St. Lucie County, the Public Safety Director of St. Lucie County, Florida issued a Declaration declaring a state of local emergency, dated September 7, 2017; and WHEREAS, Hurricane Irma passed along the County's coastline on September 10, 2017, destroying large swaths of the County's coastline, flooding hundreds of homes, and leaving the vast majority of the County's residents without electrical power; and WHEREAS, on September 14, 2017, the Public Safety Director extended the state of local emergency declared for St. Lucie County for additional seven day periods; and WHEREAS, the Board of County Commissioners ratified the Declarations declaring and extending the local state of emergency by unanimous vote at public meetings following each of the Declarations; and WHEREAS, the entire coastline of the County suffered heavy damage from the storm, and the County is actively engaged in disposing of debris removed from public and private right of ways, removing debris from the beaches and repairing dunes and dune walkovers; and WHEREAS, extending the declaration of state and local emergency facilitates the County's ability to effectively respond to emergency conditions along the beaches and otherwise implement emergency protective measures to mitigate future losses. NOW THEREFORE, in accordance with the emergency power vested in the County pursuant to Chapter 252, Florida Statutes, it is hereby declared that: 1. The state of local emergency declared on September 7, 2017 extended by Packet Pg. 68 8.C.1.e emergency declarations every seventh day thereafter and duly ratified by the Board of County Commissioners, is hereby extended for 7 days from the effective date of this Declaration, unless terminated or modified earlier or extended in accordance with law. 2. All emergency powers authorized by the Declaration of September 6, 2017 declaring a state of local emergency, and extended every seventh date thereafter are hereby retained and continued for the duration of this Declaration. pm. DONE AND ORDERED in St. Lucie County, Florida, the 25th day of January, 2018 at 6:00 Ron Pa rich Public Safety Director Packet Pg. 69 TO: SUBMITTED BY: AGENDA REQUEST Board of County Commissioners Daniel S. McIntyre, County Attorney County Attorney 8.C.2 ITEM NO. (ID # 5027) DATE: 02/20/2018 *CONSENT AGENDA\COUNTY ATTORNEY Request from Finance Director for BOCC Record Destruction BACKGROUND: Attached is a memorandum from Shai Francis, Finance Director, with attachments, requesting approval to destroy Board of County Commissioners records in accordance with State of Florida retention guidelines. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board approve the destruction of the records as requested. COMMISSION ACTION: Coordination/Signatures Danie s. McIntyre, co,t!Atorney 2/6/2018 Packet Pg. 70 8.C.2.a CLERK OF THE CIRCUIT COURT FINANCE DEPARTMENT INTEROFFICE MEMORANDUM To: Dan McIntyre, County Attorney From: Shai Francis, Finance Director Date: February 2, 2018 Subject: BOCC Record Destruction Attached is a list of Board of County Commissioner's records to be destroyed in accordance with state of Florida retention guidelines. We appreciate your assistance in placing these items on the agenda for Board approval as required by Florida Statute 28.31. Thank you in advance for your assistance in this matter. Shai Francis Packet Pg. 71 8.C.2.a Boxes Due for Destruction 2017 Schedule Item # # Record Series Title/ Description Retention Inclusive Dates Volume 10/1 /2008- GS1-SL 340 Disbursement Records: Detail AT&T CDs 5 9/30/2012 7.5 cu. ft. Grant Files: Recipient USDOJ 107205-Q8903,107151-BO-BX-06135942, 107155-Bullet, 107162-BO-BX-0804-5703, 107153-2007-DJ-BX0267, 0107158-2009 20JAGC-STLU-3177-136, 107157, 107164-2010JAGC- 10/l/2006- GS1-SL 348 STU34X145, 107156-81APBX0799 5 9/30/2012 1.5 cu. ft. Value Adjustment Board Files: Appeal Filed Petitioners/PAO Evidence 1/1/2010- GS 11 91 20 , -00510 — 2010-01652 5 12-1 /2010 1.5 cu. ft. [Grant Files: Recipient Contracts -Non -Capital 11/12/2002- 811612007 10/1/2002- GS1-SL 348 mmunity Service Grants 5 9/30/2007 1.5 cu. ft. 10/1 /2011- GS1-SL 42 Purchasing Records Travel Records -Pre Travel 5 9/30/2012 1.5 cu. ft. 10/1 /2011- GS1-SL 340 Disbursement Records: Detail H0002211-H0002581 5 9/30/2012 3 cu. ft. CY 2008, GS1-SL 157 Federal Income/Employment Tax Forms/Reports 1099s BOCC Misc. 4 CY 2012 1.5 cu. ft. Bank/Financial Account Statements Reconciliation FY07108 Trust Account 10/l/2007- GS1-SL 85 Bank Reconciliation 5 9/30/2008 1.5 cu. ft. I nventory: Agency Property FYI 1112 Equipment/Machinery Capital fixed 10/1 /2011- GS1-SL 40 assets disposition forms, invento records, JE's, balancin reports 5 9/30/2012 1.5 cu. ft. Disbursement Records: Detail FY 08109 Utilities Monthly Activity Aging 10/1 /2008- GS1-SL 340 Reports, Deposit listings & reconciliations for NCU & SHI 5 9/30/2009 1.5 cu. ft. Value Adjustment Board Files: Appeal Filed Petitioners/PAO Ev 2011- 9/1/2011- GS11 91 00532 — 2011-01397 5 12/1/2011 1.5 cu. ft. L348J001521-001504-001188 Grant Files: Recipient Non -Capital Grants 001502-001503-001183- GS1-SL 5 2007-2012 1.5 cu. ft. w U r- N O J c 0 :r r as 0 0 as U U O m is N U C6 c 0 E U 0 r a Packet Pg. 72 8.C.2.a Inventory: Agency Property FYI 0/11 Equipment/Machinery Capital fixed 10/1/2010- GS1-SL 40 assets disposition forms, inventory records, JE's, balancing reports 5 9/30/2011 1.5 cu. ft. Disbursement Records: Detail FY 10/11 Landfill Journal Entries and 10/1/2010- GS1-SL 340 Reconciliations 5 9/30/2011 1.5 cu. ft. Disbursement Records: Detail FY10-12 Jury & Witness Account Cancelled 10/1/2010- GS1-SL 340 Checks 5 9/30/2012 6 cu. ft. Bank/Financial Account Statements Reconciliation FY 2010-2012 Jury & 10/1/2010- GS1-SL 85 Witness Account Cancelled Checks 5 9/30/2012 1.5 cu. ft. Disbursement Records: Detail AT&T Communications Reconciliation FY 10/1/2011- GS1-SL 340 11/12 5 9/30/2012 1.5 cu. ft. FY 2011, GS1-SL 111 Insurance Records: Agency FY 11/12 Retirees Changes 5 FY 2012 1.5 cu. ft. Bank/Financial Account Statements Reconciliation BOCC Operating/Accounts Payable/Payroll/Childcare Flex/Medical 10/1 /2007- GS1-SL 340 Flex/WEBTPA/Libra #5001 5 9/30/2008 1.5 cu. ft. Bank/Financial Account Statements BOCC Operating/Accounts 10/1/2010- GS1-SL 85 Pa able/Pa roll/Medical Flex/All Agency Fund Accounts 5 9/30/2011 1.5 10/1/2011- GS1-SL 340 Disbursement Records: Detail FYI 1/12 Landfill JE's, Reconciliations 5 9/30/2012 1.5 cu. ft. Receipt/Revenue Records: Detail Interest Allocations-JE's & cash 10/1/2011- GS1-SL 365 balances 5 9/30/2012 1.5 cu. ft. Disbursement Records: Detail FY 11/12 Sales Tax Reports, JE's, 10/1/2011- GS1-SL 340 Reconciliations, Filing Confirmations, Resort Tax, Electronic Filing 5 9/30/2012 1.5 cu. ft. Contracts/Leases/Agreements: Capital Improvement/Real Property Capital 10/1/2004- GS1-SL 64 5/2004 0712007 10 9/30/2007 1.5 cu. ft. FGS1-SL 10/1 /2004- 348 Grant Files: Recipient FCTD Grants 5 9/30/2007 1.5 cu. ft. vestment Records BOCC Investment Statements and Supporting [Documents 10/1/2002- GS1-SL 278 10 9/30/2007 1.5 cu. ft. E74� Tax Deed Sale Records #13-255 thru #13-279 Tax Deed Overbids, Sales j GS11 Records & Correspondence 4 2013 1.5 cu. ft. w U r- N O J c 0 :r r as 0 0 as U U 0 m is N ci c as E M U 0 r a Packet Pg. 73 8.C.2.a Tax Deed Sale Records #13-183 thru #13-224 Tax Deed Overbids, Sales GS11 74 Records & Correspondence 4 2013 1.5 cu. ft. Tax Deed Sale Records #13-134 thru #13-182 Tax Deed Overbids, Sales GS11 74 Records & Correspondence 4 2013 1.5 cu. ft. Tax Deed Sale Records #13-113 thru #13-131 Tax Deed Overbids, Sales ---][ GS11 74 Records & Correspondence 4 2013 1.5 cu. ft. Tax Deed Sale Records #13-02 thru #13-39 Tax Deed Overbids, Sales GS11 74 Records & Correspondence 4 2013 1.5 cu. ft. Tax Deed Sale Records #13-225 thru #13-254 Tax Deed Overbids, Sales GS11 74 Records & Correspondence 4 2013 1.5 cu. ft. Tax Deed Sale Records #13-85 thru #112-83 Tax Deed Overbids, Sales J GS11 74 Records & Correspondence 4 2013 1.5 cu. ft. Tax Deed Sale Records #13-40 thru #13-83 Tax Deed Overbids, Sales GS11 74 Records & Correspondence 4 2013 1.5 cu. ft. lr,9/30/1996 0/1 /1985- GS1-SL 56 Audits: Independent FY 1985-1996 Sport Com lex/Mets Stadium 10 1.5 cu. ft. GS1-SL 365 Receipt/Revenue Records: Detail 2012 Cash Receipts 11 5 IF 2012 1.5 cu. ft. Project Files: Capital Improvement FY 2005 Utility Construction Journal [1.5 GS1-SL 136 Entries J2506131-J2506197 Banner Reports 10 FY 2005 cu. ft. 10/1 /2011- GS1-SL 365 Receipt/Revenue Records: Detail Records Utilities 5 FY L5 9/30/2012 1.5 cu. ft. GS1-SL 365 Receipt/Revenue Records: Detail #121416-121640 Cash Receipts 5 2012 1.5 cu. ft. GS1-SL 365 Recei t/Revenue Records: Detail #122086-122287 5 2012 GS1-SL 365 Receipt/Revenue Records: Detail #121856-122085 5 2012 1.5 cu. ft. 109, [Grant Files: Grantor Agency & Contracts/Leases/Agreements: Capital GS1-SL 64 rovement/Real Property 913012002 5, 10 9/30/2002 1.5 cu. ft. 109, Grant Files: Grantor Agency & Contracts/Leases/Agreements: Capital 10/1/2001- GS1-SL 64 Improvement/Real Property 101112001-913012002 5, 10 9/30/2002 1.5 cu. ft. Oct. 2004- GS1-SL 340 Disbursement Records: Detail Vouchers Individual A enc /State 5 9/30/2005 1.5 cu. ft. E64 Contracts/Leases/Agreements: Capital Improvement/Real Property Capital Sept. 1998- GS1-SL Contracts 10 Aug. 2007 1.5 cu. ft. w U N O J C O L L as 0 E O as U U O m is N c.i 00 c N E M U M r a Packet Pg. 74 8.C.2.a Contracts/Leases/Agreements: Capital Improvement/Real Property 7/11/1995- GS1-SL 64 Contract Files -Grants & Contracts 10 9/30/2002 1.5 cu. ft. Financial Reports: Local Government Annual Reports (Supporting FY 2006, FY GS1-SL 108 Documents) Support for Annual Reports FY 2006 & FY 2007 5 2007 1.5 cu. ft. Contracts/Leases/Agreements: Capital Improvement/Real Property Capital GS1-SL 64 Improvement -Beach Restoration 613012002 10 2002 1.5 cu. ft. FY 2004- FY GS1-SL 107 Financial Reports: Local Government Annual Reports FY 2004-2007 5 2007 1.5 cu. ft. Financial Reports: Local Government Annual Reports Comprehensive 10/1/2006- GS1-SL 107 Annual Reports 10 9/30/2007 1.5 cu. ft. Financial Reports: Local Government Annual Reports Comprehensive FY FY 2006, GS1-SL 107 2006 & FY 2007 10 FY 2007 1.5 cu. ft. Financial Reports: Local Government Annual Reports Comprehensive FY GS1-SL 107 2007 BOCC Wage of Benefit Reports 10 FY 2007 1.5 cu. ft. Financial Reports: Local Government Annual Reports (Supporting FY 2006, FY GS1-SL 108 Documents) Support for FY 2006 & FY 2007 5 2007 1.5 cu. ft. Contracts/Leases/Agreements: Capital Improvement/Real Property Capital 10/1/1998- GS1-SL 64 Contracts 10 9/30/2006 1.5 cu. ft. 10/1 /2010- GS1-SL 365 Receipt/Revenue Records: Detail Utilities Cash Receipts 5 9/30/2011 1.5 cu. ft. [Grant Oct. 1995- Sept. GS1-SL 109 Files: Grantor Agency Grant Files 5 302000 1.5 cu. ft. Tax Deed Sale Records 81112011 thru 91112011 #11-189 thru #11-228 Tax 10/1/2010- GS11 74 Deed Overbids, Sales Records & Correspondence 4 9/30/2011 1.5 cu. ft. Financial Reports: Local Government Annual Reports Comprehensive FY FY 2004, FY GS1-SL 107 2004 & FY2005 10 2005 1.5 cu. ft. 10/1 /2010- GS1-SL 365 Receipt/Revenue Records: Detail Utilities Cash Receipts 5 9/30/2011 1.5 cu. ft. Financial Reports: Local Government Annual Reports (Supporting 10/1/2002- GS1-SL 108 Documents) Comprehensive Supporting Auditor Schedules 5 9/30/2005 1.5 cu. ft. Contracts/Leases/Agreements: Capital Improvement/Real Property Capital GS1-SL 64 19006 Hurricane Irene 10 1999-2000 1.5 cu. ft. r- N O J c 0 L L as 0 E 0 as U U O m is N (3 c as E M U 0 r a Packet Pg. 75 8.C.2.a GS1-SL 365 Receipt/Revenue Records: Detail Receipt Revenues FY 1991-2011 Receipt Books BOCC 1 5 1991-2011 J 1.5 cu. ft. GS1-SL 64, 65 Contracts/Leases/Agreements: Capital Improvement/Real Property & Contracts/Leases/Agreements: Non -Capital Improvement Contracts by Department 10,5 10/1/1991- 9/30/2000 1.5 cu. ft. GS1-SL 368 Sales/Use/Local Option Tax Records Cash Receipts 5 10/1 /2010- 9/30/2011 1.5 cu. ft. GS1-SL 348 Grant Files: Recipient Non -Capital Grant -Hurricane Housing Recovery Plan 5 10/1/2005- 6/30/2001 1.5 cu. ft. GS1-SL 365 Receipt/Revenue Records: Detail Retiree Cash Receipts 5 FY 2010, FY 2011 1.5 cu. ft. GS1-SL 109, 64 Grant Files: Grantor Agency & Contracts/Leases/Agreements: Capital Improvement/Real Property Grant Files Ima Project 5, 10 10/1/1990- 9/30/2001 1.5 cu. ft. GS1-SL 348 Grant Files: Recipient Non -Capital Grants 5 7/1 /1998- 2/17/2009 1.5 cu. ft. GS1-SL 365 Recei t/Revenue Records: Detail Cash Receipts IL 5 1 2012 11 1.5 cu. ft. GS1-SL 365 Receipt/Revenue Records: Detail Cash Receipts 5 2012 1.5 cu. ft. GS1-SL 365 Receipt/Revenue Records: Detail Cash Receipts 5 2012 1.5 cu. ft. GS1-SL 365 Receipt/Revenue Records: Detail Cash Receipts 11 5 2012 1.5 cu. ft. GS1-SL 365 Recei t/Revenue Records: Detail Cash Receipts 1 5 1 2012 1.5 cu. ft. GS1-SL 365 Receipt/Revenue Records: Detail Cash Receipts #120281-1255 1 5 2012 1.5 cu. ft. GS11 16 Value Adjustment Board Files: No Appeal Filed VAB Exemptions 4 2010-2011 11 1.5 cu. ft. GS1-SL 107 Financial Reports: Local Government Annual Reports FY 2007-BOCC Compensated Absences Report 10 2007 1.5 cu. ft. GS1-SL 365 Receipt/Revenue Records: Detail Cash Receipts #120001-1202 1 5 F 2012 11 1.5 cu. ft. GS11 161 Value Adjustment Board Files: No Appeal Filed VAB Values 2010-VAB Petitions 2010 4 2010 1.5 cu. ft. GS11 161 Value Adjustment Board Files: No Appeal Filed VAB Petitioner/PAO Evidence J 4 2011-2012 1.5 cu. ft. GS11 16 Value Adjustment Board Files: No Appeal Filed VAB 2007 IL 4 1 2007 11 1.5 cu. ft. GS11 16 Value Adjustment Board Files: No Appeal Filed VAB 2008-2009 4 2008-2009 1.5 cu. ft. w U r- N O J c 0 as 0 E 0 as U U O m is N c as M U 0 r a Packet Pg. 76 8.C.2.a GS11 91 Value Adjustment Board Files: Appeal Filed Special Magistrate Recommended/Final Decisions V-215 thru V-1224 1222-1223 5 Jan. 2009-Dec. 2009 1.5 cu. ft. GS11 16 Value Adjustment Board Files: Appeal Filed Special Magistrate Recommended/Final Decisions V-215 thru V-1224 1222-1223 4 2003 1.5 cu. ft. GS11 16 Value Adjustment Board Files: No Appeal Filed VAB 2007 IL 4 1 2007 1.5 cu. ft. GS11 16 Value Adjustment Board Files: No Appeal Filed VAB 2011-2012 Final Decisions 4 2011-2012 1.5 cu. ft. GS11 16 Value Adjustment Board Files: No Appeal Filed VAB From 2011-2012- Petition/PAO Evidence 4 2011-2012 1.5 cu. ft. GS11 16 Value Adjustment Board Files: No Appeal Filed VAB From 2007 4 2007 1.5 cu. ft. GS11 16 Value Adjustment Board Files: No Appeal Filed VAB From 2007 4 2007 1.5 cu. ft. GS11 16 Value Adjustment Board Files: No Appeal Filed VAB 2010-2011 4 2010-2011 11 1.5 cu. ft. GS11 16 Value Adjustment Board Files: No Appeal Filed 2011 VAB Petitions 4 3/2/2011-Jan. 2012 1.5 cu. ft. GS11 16 Value Adjustment Board Files: No Appeal Filed VAB From 2007 11 4 F 2007 11 1.5 cu. ft. GS11 16 Value Adjustment Board Files: No Appeal Filed VAB From 2011-2012 Petitioner/PAO Evidence 4 2011-2012 1.5 cu. ft. GS1-SL 368 Sales/Use/Local Option Tax Records 5 10/ 1 /2011- 9/30/2012 1.5 cu. ft. W H M Packet Pg. 77 8.C.3 ITEM NO. RES-2018-21 TO: PRESENTED BY: SUBMITTED BY: BACKGROUND: AGENDA REQUEST Board of County Commissioners Heather Young, Asst. County Attorney County Attorney DATE: 02/20/2018 *CONSENT AGENDA\COUNTY ATTORNEY Resolution - Adoption of FDOT Local Agency Program (LAP) Title VI/Nondiscrimination Policy and Plan The County is a sub-recipieint under the Florida Department of Transportation Local Agency Plan ("LAP"). These federal funds are passed through FDOT to local entities for roadway or sidewalk projects. The County is currently LAP Certified. As part of the recertification process, it is necessary for the County to adopt a Title VI/Nondiscrimination Policy and Plan. The proposed resolution provides for the adoption of a Title VI/Nondiscrimination Policy and Plan which was drafted using a template provided by FDOT and prohibits the discrimination against anyone participating in County program or receiving County benefits on the basis race, color, national origin, sex, age, disability, religion or family status. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board adopt the proposed resolution as drafted, subject to Florida Department of Transportation approval. COMMISSION ACTION: Packet Pg. 78 8.C.3 Coordination/Signatures ' 'ianie/S. McIntyre, C my ttorney 2/6/2018 LV �i[1'f'I,FJL 1 y kWer, De y Coutny Administrator 2/8/2018 rk 5 er ee, Dep County A ministrato 2/12/2018 Updated: 2/5/2018 3:35 PM by Katrina Slay Page 2 Packet Pg. 79 8.C.3.a RESOLUTION NO. 18- A RESOLUTION ADOPTING THE ST. LUCIE COUNTY TITLE VI/NON DISCI RMINATION POLICY AND PLAN FOR SUB - RECIPIENTS IN THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) LOCAL AGENCY PROGRAM (LAP) AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the "Board"), has made the following determinations: 1. St. Lucie County is a sub -recipient in the Florida Department of Transportation ("FDOT") Local Agency Program ("LAP"). 2. In the conjunction with the grant assurances for LAP sub -recipients, the County is required to adopt a Title VI/Nondiscrimination Policy and Plan to insure the availability of County programs to all qualified individuals, regardless of cultural identity, background or income level. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The St. Lucie County Title VI/Nondiscrimination Policy and Plan, attached hereto and incorporated as Exhibit "A," is hereby adopted. 2. This resolution shall take effect upon the date of its adoption. After a motion and second, the vote on this Resolution was as follows: Chair Frannie Hutchinson Vice Chair Linda Bartz Commissioner Chris Dzadovsky Commissioner Cathy Townsend PASSED AND DULY ADOPTED this 1 Underlined words are added. Sceugf} words are deleted. XXX XXX XXX XXX day of 12018. Packet Pg. 80 8.C.3.a ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: BY: Underlined words are added. Struck gf} words are deleted. County Attorney r N co O N N W Packet Pg. 81 8.C.3.a EXHIBIT "A" Policy Statement: St. Lucie County, a political subdivision of the State of Florida, (hereinafter the Agency) values diversity and welcomes input from all interested parties, regardless of cultural identity, background or income level. Moreover, the Agency believes that the best programs and services result from careful consideration of the needs of all of its communities and when those communities are involved in the transportation decision -making process. Thus, the Agency does not tolerate discrimination in any of its programs, services or activities. Pursuant to Title VI of the Civil Rights Act of 1964 and other federal and state authorities, the Agency will not exclude from participation in, deny the benefits of, or subject to discrimination anyone on the grounds of race, color, national origin, sex, age, disability, religion or family status. II. Nondiscrimination Assurances: Every three years, or commensurate with a change in executive leadership, the Agency must certify to Federal Highway Administration (FHWA) and Florida Department of Transportation (FDOT) that its programs, services and activities are being conducted in a nondiscriminatory manner. These certifications are termed 'assurances' and serve two important purposes. First, they document Agency commitment to nondiscrimination and equitable service to its community. Second, they serve as a legally enforceable agreement by which the Agency may be held liable for breach. Those wishing to view the Agency's Nondiscrimination Assurance may do so by visiting the Agency website or administration offices. 3 Underlined words are added. Sceugf} words are deleted. Packet Pg. 82 8.C.3.a III. Complaint Procedures: The Agency has established a discrimination complaint procedure and will take prompt and reasonable action to investigate and eliminate discrimination when found. Any person who believes that he or she has been subjected to discrimination based upon race, color, national origin, sex, religion, age, disability or family status in any Agency program, service or activity may file a complaint with the Agency Title VI/Nondiscrimination Coordinator: Name: St. Lucie County Employee Safety and Risk Manager Address: 2300 Virginia Avenue Fort Pierce, FL 34982 Email: Iandryg@stIucieco.org Phone: (772) 462-1783 Hearing Impaired: TDD (772) 462-1428 If possible, the complaint should be submitted in writing and contain the identity of the complainant; the basis for the allegations (i.e., race, color, national origin, sex, religion, age, disability or family status); and a description of the alleged discrimination with the date of occurrence. If the complaint cannot be submitted in writing, the complainant should contact the Title VI/Nondiscrimination Coordinator for assistance. The Title VI/Nondiscrimination Coordinator will respond to the complaint within thirty (30) calendar days and will take reasonable steps to resolve the matter. Should the Agency be unable to satisfactorily resolve a complaint, the Agency will forward the complaint, along with a record of its disposition to the appropriate FDOT District Office. The Agency Title VI Coordinator has 'easy access' to the Agency Chief Executive Officer (CEO) and 0 Underlined words are added. Stry .k tlhreug words are deleted. Packet Pg. 83 8.C.3.a is not required to obtain management or other approval to discuss discrimination issues with the CEO. However, should the complainant be unable or unwilling to complain to the Agency, the written complaint may be submitted directly to Florida Department of Transportation (FDOT). FDOT serves as a statewide clearinghouse for Title VI purposes and will either assume jurisdiction over the complaint or forward it to the appropriate federal or state authority for continued processing: Florida Department of Transportation Equal Opportunity Office ATTN: Title VI Complaint Processing 605 Suwannee Street MS 65 Tallahassee, FL 32399 IV. ADA/504 Posted Statement: Section 504 of the Rehabilitation Act of 1973 (Section 504), the Americans with Disabilities Act of 1990 (ADA) and related federal and state laws and regulations forbid discrimination against those who have disabilities. Furthermore, these laws require federal -aid recipients and other government entities to take affirmative steps to reasonably accommodate those with disabilities and ensure that their needs are equitably represented in transportation programs, services and activities. The Agency will make every effort to ensure that its facilities, programs, services, and activities are accessible to those with disabilities. The Agency will also make every effort to ensure that its advisory committees, public involvement activities and all other programs, services and activities include representation by communities with disabilities and disability service groups. The Agency encourages the public to report any facility, program, service or activity that appears 5 Underlined words are added. Sceugf} words are deleted. Packet Pg. 84 8.C.3.a inaccessible to those who are disabled. Furthermore, the Agency will provide reasonable accommodation to individuals with disabilities who wish to participate in public involvement events or who require special assistance to access facilities, programs, services or activities. Because providing reasonable accommodation may require outside assistance, organization or resources, the Agency asks that requests be made at least two (2) business days prior to the need for accommodation. Questions, concerns, comments or requests for accommodation should be made to the Agency ADA Officer: Name: St. Lucie County Employee and Risk Manager Address: 2300 Virginia Avenue Fort Pierce, FL 34982 Email: landryg@stlucieco.org Phone: (772) 462-1783 Hearing Impaired: TDD (772) 462-1428 V. Limited English Proficiency (LEP) Guidance: Title VI of the Civil Rights Act of 1964, Executive Order 13166, and various directives from the US Department of Justice (DOJ) and US Department of Transportation (DOT) require federal -aid recipients to take reasonable steps to ensure meaningful access to programs, services and activities by those who do not speak English proficiently. To determine the extent to which LEP services are required and in which languages, the law requires the analysis of four factors: • The number or proportion of LEP persons eligible to be served or likely to be encountered by the City/County's programs, services or activities; • The frequency with which LEP individuals come in contact with these programs, services or activities; 0 Underlined words are added. Sceugf} words are deleted. Packet Pg. 85 8.C.3.a • The nature and importance of the program, service, or activity to people's lives and; • The resources available to the City/County and the likely costs of the LEP services. 1. Using census data, the Agency has determined that LEP individuals speaking English less than well represent approximately 21.5% of the community. The Agency realizes that such statistical data can become outdated or inaccurate. Therefore, the Agency contacted local law enforcement, social services agencies and the school board to validate the proportion of LEP served by those entities. Spanish was reported to be the prevalent LEP language with an estimate of 13.1% eligible to be served. 2. The Agency has received requests for translation or interpretation of its programs, services or activities into Spanish or other language(s). In addition, Agency sponsored community outreach or public events which were not attended by significant numbers of LEP individual speakers. Thus, the Agency estimates its contact with LEP individuals to be minimal. 3. The Agency believes that transportation is of critical importance to its public, as access to health care, emergency services, employment, and other essentials would be difficult or impossible without reliable transportation systems. In that spirit, the agency defines as essential any document that advises the public of how to access nondiscrimination and public involvement policies, as well as those that impact public safety, health and welfare and emergency services. A full list of translated documents is available on the Agency website or by contacting the Agency Title VI/Nondiscrimination Coordinator. 4. The Agency is fortunate to house within/near its jurisdiction one or more institutions of higher education which have extensive language resources. Further, the Agency maintains cordial relationships with faith based and/or community organizations that offer 7 Underlined words are added. Stry .k tlhreug words are deleted. Packet Pg. 86 8.C.3.a competent language services at low or no cost to the Agency. Finally, the Agency employs a number of proficient Spanish and Creole speakers that are able to interpret and/or provide translation services. The analyses of these factors suggest that LEP services are not required at this time. At a minimum, the Agency commits to: • Maintain a list of employees who competently speak the LEP language(s) and who are willing to provide translation and/or interpretation services. • Distribute this list to staff that regularly has contact with the public. • Provide public notification in the LEP language of the availability of language assistance, free of charge. The Agency understands that its community characteristics change and that the four factor analysis may reveal the need for more or varied LEP services in the future. As such, it will at least triennially examine its LEP plan to ensure that it remains reflective of the community's needs. Persons requiring special language services should contact the Agency's Title VI/Nondiscrimination Coordinator. VI. Public Involvement: In order to plan for efficient, effective, safe, equitable and reliable transportation systems, the Agency must have the input of its public. The Agency spends extensive staff and financial resources in furtherance of this goal and strongly encourages the participation of the entire community. The Agency hosts an informative website that advises the public how it can access information and provide input. The Agency also holds public meetings, workshops and other events designed to gather public input on program/project planning and construction. Further, the Agency sponsors, attends and participates in other community events to promote its services to the public. Finally, the Agency is constantly seeking ways of measuring the effectiveness of N. Underlined words are added. Stry .k threi4g4 words are deleted. Packet Pg. 87 8.C.3.a its public involvement. Persons wishing to request special presentations by the Agency; volunteer in any of its activities; offer suggestions for improvement; or to simply learn more about Agency programs and services should visit: www.stlucieco.2ov/deaartments&services/a-z-administration. Or contact: Name and Title: St. Lucie County Communications Director Address: 2300 Virginia Avenue Fort Pierce, FL 34982 Email: gille@stlucieco.org Phone: (772) 462-1791 Hearing Impaired: TDD (772) 462-1428 VII. Data Collection: FHWA regulations require federal -aid recipients to collect racial, ethnic and other similar demographic data on beneficiaries of or those affected by transportation programs, services and activities. The Agency accomplishes this through the use of census data, American Community Survey reports, Environmental Screening Tools (EST), driver and ridership surveys, its community development department and other methods. From time to time, the Agency may find it necessary to request voluntary identification of certain racial, ethnic or other data from those who participate in Agency programs, services or activities. This information assists the Agency with improving service equity and ensuring effective outreach. Self -identification of personal data to the Agency will always be voluntary and anonymous. Moreover, the Agency will not release or otherwise use this data in any manner inconsistent with the FHWA regulations. 9 Underlined words are added. Sceugf} words are deleted. Packet Pg. 88 8.C.4 ITEM NO. RES-2018-22 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: ci inirrT- BACKGROUND: Heather Young, Asst. County Attorney County Attorney DATE: 02/20/2018 *CONSENT AGENDA\COUNTY ATTORNEY Resolution - Accepting Transit Shelter Easement from BW Prima Vista Floresta, LLC As part of the transit shelter program, staff has identified 260 SE Prima Vista Boulevard as an appropriate location for the installation of a new transit shelter. The owner of the property, BW Prima Vista Floresta, LLC, has granted an easement to the County for the installation of a transit shelter on the site. A copy of a resolution accepting the easement is attached to this agenda item. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board adopt the resolution accepting the transit shelter easement from BW Prima Vista Floresta, LLC. COMMISSION ACTION: Packet Pg. 89 8.C.4 Coordination/Signatures Danie 5. McIntyre, County ttorney 2/1/2018 .13LV y er, De y Coutny Administrator 2/12/2018 Updated: 2/5/2018 3:37 PM by Katrina Slay Page 2 Packet Pg. 90 8.C.4.a ATTEST: RESOLUTION NO. 2018-xxx A RESOLUTION ACCEPTING TRANSIT SHELTER EASEMENT ON PRIMA VISTA BOULEVARD ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that 1. The Transit Shelter Easement from BW Prima Vista Floresta, LLC, attached hereto and incorporated herein as Exhibit "A", is duly accepted on behalf of St. Lucie County 2. The Chair is authorized to execute the Transit Shelter Easement on behalf of St. Lucie County. 3. This resolution shall take effect on the date of adoption. PASSED AND DULY ADOPTED this day of 12018. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: L." County Attorney Packet Pg. 91 8.C.4.a EXHIBIT "A" TRANSIT SHELTER EASEMENT (ATTACHED) Packet Pg. 92 8.C.4.b Prepared by and after recording return to: Brightwork Real Estate, Inc. 3708 Swann Avenue, Suite 200 Tampa, FL 33609 TRANSIT SHELTER EASEMENT THIS TRANSIT SHELTER EASEMENT made as of this day of , 2018, by and between BW PRIMA VISTA FLORESTA, LLC, a Florida limited liability company, whose address is 3708 W Swann Ave, Suite 200, Tampa, Florida 33609 ("Grantor"), and ST. LUCIE COUNTY, Florida, a political subdivision of the State of Florida, whose address is 2300 Virginia Avenue, Fort Pierce, FL 34982 ("Grantee"). WITNESSETH: That Grantor, for and in consideration of the sum of Ten Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby convey forever to the Grantee, its successors and assigns, a non-exclusive unobstructed right of way and easement with the right, privilege, and authority to said Grantee, its successors and assigns, to construct, operate, use, maintain, improve, and/or repair Grantee, its successors and assigns, to construct, operate, use, maintain, improve, and/or repair either above or below the surface of the ground, facilities and associated improvements for a transit stop shelter (shown in Exhibit A), over, through, across, or under the following described land located in St. Lucie County, Florida, to wit (the "Easement Property"): See Exhibit A attached hereto and incorporated herein. TOGETHER with the non-exclusive right of said Grantee, its successors and assigns, of ingress and egress to and over said Easement Property, and for doing anything reasonably necessary or useful or convenient or removing at any time any and all of said improvements under or in said Easement Property, together also with the right and easements, privileges and appurtenances in and to said land which may be required for the enjoyment of the rights herein granted. THIS EASEMENT is granted subject to the following terms and conditions: 1. The Grantor and its successors and assigns may authorize and may use the Easement Property for any purpose that does not reasonably interfere with the use and enjoyment by the Grantee of the rights granted by this instrument. Page 1 of 6 Transit Shelter Easement PSLD BW PRIMA VISTA FLORESTA Packet Pg. 93 8.C.4.b 2. The Grantee shall install, improve and develop the Easement Property as set forth in Exhibit B, which shall consist of a transit shelter and related improvements. No other improvements shall be installed without the Grantor's prior written consent. Grantee shall maintain the transit shelter and any other improvements installed with Grantor's consent, in good condition and repair, free of trash and rubbish. 3. In its use of the Easement Property, Grantee shall comply with all applicable State, municipal, and local laws, and rules, orders, regulations and requirements of governmental departments and commissions. 4. No property of Grantor shall be destroyed, displaced or damaged by Grantee in its use of the Easement property without the prior written consent of Grantor and the express agreement of the Grantee to promptly replace, return, repair, and restore any such property in a condition satisfactory to Grantor upon demand. 5. To the extent allowed by law, the Grantee shall indemnify and save harmless Grantor, its officers, directors, trustees, agents and employees against any and all loss, damage, claim of liability whatsoever due to personal injury or death, or damage to property of others directly or indirectly, due to the exercise by the Grantee of the rights granted hereby, or any other act or omission of Grantee. 6. The Grantee shall confine activities on the Easement Property strictly to those necessary for the enjoyment of the use hereby granted, and shall refrain from marring or impairing the appearance of said Easement Property, obstructing access thereto, interfering with the transaction of Grantor's business and the convenience of the public, jeopardizing the safety of persons or property, or marring, damaging or defacing Grantor's adjoining property and buildings, or causing justifiable public criticism. 7. Should any one or more of the provisions of this agreement be determined to be illegal or unenforceable as to one or more of the parties, all other provisions, nevertheless, shall remain effective and binding on the parties hereto, provided the essential terms for each party remain binding and enforceable. 8. This agreement represents the final agreement of the parties and no agreements or representations, unless incorporated in this agreement, shall be binding on any of the parties, and no portion hereof shall be amended or modified unless such change shall be in writing and signed by both parties hereto. [The next page is the signature page.] Page 2 of 6 Packet Pg. 94 8.C.4.b IN WITNESS WHEREOF, Grantor has caused this instrument to be executed by its duly authorized officer and its corporate seals to be hereunto affixed as of the day and year first above written. Signed, sealed and delivered in the Dresence of: STATE OF FLORIDA COUNTY OF HILLSBOROUGH GRANTOR: BW PRIMA VISTA FLORESTA, LLC, a Florida limited liability company By: Brightwork Real Estate, Inc., its --� Manager 0 T. s ill Simmons V' President The foregoing instrument was acknowledged before me this 1 "d �ay of January, 2018, by T. Austin Simmons, as Vice President of Brightwork Real Estate, Inc., the Manager of BW PRIMA VISTA FLORESTA, LLC, a Florida limited liability company,_np behalf of said company. y He is personally known to me. f , ; Notar P W" MOM= T P RIiTHERFORD *= MY COMMISSION # GG080791 %?�a;� ;• EXPIRES March 08. 2021 Print or Type Name Page 3 of 6 Packet Pg. 95 8.C.4.b GRANTEE: BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: STATE OF FLORIDA COUNTY OF ST. LUCIE County Attorney The foregoing instrument was acknowledged before me this clay oflanuary, 2018, by who is personally known to me. Notary Public Page 4 of 6 Packet Pg. 96 8.C.4.b JOINDER AND CONSENT OF LENDER THIS JOINDER AND CONSENT OF LENDER ("Consent") is made this 1 04--, day of January, 2018, by VALLEY NATIONAL BANK AS SUCCESSOR IN INTEREST TO USAMERIBANK ("Lender"). Lender is the owner and holder of a mortgage from BW PRIMA VISTA FLORESTA, LLC, a Florida limited liability company ("Owner") encumbering the property legally described as follows (the "Property"): Lots 1, 2, 3, 4, 5, 46, 47, 48, 49 and 50, River Park Unit 5, according to the map or plat thereof, as recorded in Plat Book 11, Page(s) 31, of the Public Records of St. Lucie County, Florida. In this regard, Lender hereby joins and consents to the terms and conditions of that certain easement ("Easement"), to which this Consent is attached, and subordinates its mortgage to the terms and conditions of the Easement. No liability is undertaken by the undersigned by the execution and delivery of this Consent. WITNESSES: R qq r 7 [Printed name of witness] �1e1.�v7 �1• ,liros� [Printed name of witness] STATE OF FLORIDA COUNTY OF HILLSBOROUGH LENDER: VALLEY NATIONAL BANK, as successor in interest to USAMERIBANK BY: Joseph A. Ta rt, nior Vice President s The foregoing instrument was acknowledged before me this /; day of January, 2018, by Joseph A. Taggart, Senior Vice President of VALLEY NATIONAL BANK AS SUCCESSOR IN INTEREST TO USAMERIBANK. Who is personally known tome. NC rN M, DION My COMMISSION # GG 047653 2020 '<� EXPIRES•, Noveu��"'i'�� B"JedihzuHWY PuM� ALJ2 / / Y I , 1L)- :rn� NfoJtary Public Print or Type Name Page 5 of 6 Packet Pg. 97 8.C.4.b f N TIM. r-1 Legal Description of Easement Area Page 6 of 6 Packet Pg. 98 8.C.4.b SKETCH OF DESCRIPTION (NO TA B0UNDARYSURVE)9 LEGAL DESCRIPTION: PART OF LOT 2, INCLUSIVE, BLOCK 45, RIVER PARK — UNIT FIVE, ACCORDING TO THE PLAT OR MAP THEREOF, AS RECORDED IN PLAT BOOK 11, PAGE 31, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: LEGAL DESCRIPTION: COMMENCE AT THE SOUTHWEST CORNER OF LOT 5, BLOCK 45 OF SAID RIVER PARK — UNIT FIVE; THENCE, ALONG THE WEST LINE OF SAID LOT 5, N21'37'13"W, A DISTANCE OF 120.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 5, SAME BEING THE POINT OF CURVATURE OF A NON —TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 1947.09 FEET AND A CENTRAL ANGLE OF 08'41'07" (CHORD BEARING N64'02'14"E, A DISTANCE OF 294.87 FEET); THENCE, ALONG THE SOUTHEASTERLY RIGHT—OF—WAY LINE OF NORTHEAST PRIMA VISTA BOULEVARD, 295.16 FEET ALONG THE ARC OF SAID CURVE TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID CURVE 14.00 THROUGH A CENTRAL ANGLE OF 00'24'43" (CHORD BEARING N5919'19"E, A DISTANCE OF 14.00 FEET); THENCE S30'18'20"E, A DISTANCE OF 7.00 FEET, THENCE 14.08 FEET ALONG THE ARC OF A NON —TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 1.954.09 FEET AND CENTRAL ANGLE OF 00'24'46" (CHORD BEARING S59'29'25"W, A DISTANCE OF 14.08 FEET); THENCE N2941'05"W, A DISTANCE OF 7.00 FEET TO THE POINT OF BEGINNING. CONTAINING 98 SQUARE FEET OR 0.002 ACRES, MORE OR LESS. GRAPHICSCALE 80 0 86 1 inch = 80 Feet SOUTHEASTERLY RIGHT—OF—WAY LINE OF NORTHEAST PRIMA VISTA BOULEVARD DELTA: 8 41'07" CHORD: N6402'14"E, 294.87' RADIUS: 1,947.09'� ARC: 295.16' NWEST CORNER 5, BLOCK 45 - LOT4 BLOCK 45 OF LOT 5, OtA 11 EAS'[ 1, AVLDO LOT BLOCK 45 LOT 5 \ LOCK 45 POINT OF COMMENCEMENT -SOUTHWEST CORNER LOT 5 LOT 47 BLacK BLOCK 45 LOT 46 BLOCK 45 LOT 45 BLOCK 45 LEGEND e96BEVIAMONS DEED MEASUREMENT/CALLr C DEPARTMENTFIELD MEASUREMENTIDENTIFlCATIONLICENSED BUSINESS NUMBERENsm suR11E1aR) PLATTED MEASUREMENT�CALL . S. PROFESSIONAL UWD S RVEYOR P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENC77aENT EBI Surveying 8415 Sunstate Street Tampa, Florida 33634 Phone: (813) 886-60801 Fax: (813) 886-6081 Certificate of Authorization Number, LB-7652 DATE: 11/30/2017 DRAWN: EWB CHECKED: HAK REVISION: FILE: BW09BSHELTSODX.dwg PROJECT NUMBER: 8WRE0009 LOT BLOCK 45 LOT 4S BLOCK 45 `moo G� q LOT I "a BLOCK 45 o� -y d� LOT 50 � BLOCK 45 LOT 49 BLOCK 45 LINE TABLE LINE BEARING LENGTH L1 S30'1a'20"E 7.00' L2 N29-41'05'W 7.00' CURVE TABLE CURVE ARC LENGTH RADIUS CHORD BEARING CHORD DELTA C1 14.00' 1947.09' N59'29'19'E 14.00' 1 0'24'43' C2 14.08' 1954.09' S5929'25'W 14.00' 0'24!46' SURVEY REPORT: 1. UNLESS DIGITALLY SIGNED AND SEALED, THIS SKETCH OF DESCRIPTION AND/OR REPORT OR THE COPIES HEREOF ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES ARE PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. SKETCH OF DESCRIPTION BUS SHELTER EASEMENT PART OF LOTS I-5, BLOCK 45 RIVER PARK - UNIT FIVE ST. LUCIE COUNTY, FLORIDA SHEET NO. I OF 1 I HEREBY CERTIFY THAT THIS SKETCH OF DESCRIPTION WAS MADE UNDER MY DIRECTION AND MEETS THE STANDARDS OF PRACTICE REQUIREMENTS OF CHAPTER 5J-17 OF THE FLORIDA ADMINISTRATIVE CODE. Digitallysigned by Henry -Kilburn STRTE OF Date: '��rcaRrni 3Y;` 2017.11.30 .." 16:15:17-05'00' HENRY A. KILBURN, PSM License Number. LS-6661 Bate Signed. Packet Pg. 99 8.C.5 ITEM NO. RES-2018-23 TO: PRESENTED BY: SUBMITTED BY: fl In lr/^T_ BACKGROUND: AGENDA REQUEST Board of County Commissioners Heather Young, Asst. County Attorney County Attorney DATE: 02/20/2018 *CONSENT AGENDA\COUNTY ATTORNEY Resolution - Amending Purchasing Manual to Incorporate FEMA Procurement Requirements Attached to this agenda item is a proposed resolution amending the Purchasing Manual to incorporate federal procurement requirements for projects funded by the Federal Emergency Management Administration ("FEMA"). The amendments are derived from recent amendments to 2 C.F.R. 200 which governs such expenditures. The resolution will add a specific procedure for FEMA funded purchases in compliance with 2 C.F.R. 200. The amendments have been reviewed and approved by the County's FEMA consultant, Atlantic Disaster Management, LLC. PREVIOUS ACTION: On October 7, 1985, the Board adopted Resolution No. 85-212 which established the purchasing regulations and procedures for St. Lucie County, Florida, as set forth in the St. Lucie County Manual of Purchasing Regulations and Procedures (the "Purchasing Manual"). The Purchasing Manual has since been amended from time to time. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board adopt the proposed resolution as drafted. COMMISSION ACTION: Packet Pg. 100 8.C.5 Coordination/Signatures Danie S. McIntyre, County ttorney 2/6/2018 .13LV y er, De y Coutny Administrator 2/6/2018 Updated: 2/8/2018 10:05 AM by Katrina Slay Page 2 Packet Pg. 101 8.C.5.a RESOLUTION NO. 18—XX A RESOLUTION AMENDING THE ST. LUCIE COUNTY MANUAL OF PURCHASING REGULATIONS; AMENDING SECTION 16.3, PROCUREMENT, TO ESTABLISH PROCEDURES FOR PROCUREMENTS FUNDED IN WHOLE OR IN PART BY THE FEDERAL EMERGENCY MANAGEMENT ADMINISTRATION ("FEMA") AS SET FORTH IN ATTACHMENT C, "FEMA PROCUREMENT REQUIREMENTS"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida has made the following determinations: 1. On September 24, 1985, the Board of County Commissioners for St. Lucie County, (the "Board") adopted Ordinance No. 85-06 which created a purchasing department. 2. On October 7, 1985, the Board adopted Resolution No. 85-212 which established the purchasing regulations and procedures for St. Lucie County, Florida, as set forth in the St. Lucie County Manual of Purchasing Regulations and Procedures (the "Purchasing Manual"); and since that date the Purchasing Manual has been amended from time to time. 3. It is necessary to further amend Resolution 85-212, as previously amended, by amending the Purchasing Manual to reference previously added Attachment B, FTA Purchasing Guidelines, and incorporate federal procurement requirements for project funded by the Federal Emergency Management Administration ("FEMA").. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The St. Lucie County Manual of Purchasing Regulations is hereby amended as set forth in Exhibit "A" attached. 2. This resolution shall become effective upon adoption. After motion and second the vote on this Resolution was as follows: Chair Frannie Hutchinson XX Vice Chair Linda Bartz XX Commissioner Chris Dzadovsky XX Commissioner Cathy Townsend XX PASSED AND DULY ADOPTED this XX day of XX, 2018 ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair Packet Pg. 102 8.C.5.a APPROVED AS TO FORM AND CORRECTNESS: County Attorney 2 Packet Pg. 103 8.C.5.a EXHIBIT "A" SECTION 16 — PROCUREMENT PROCEDURES FOR STATE OR FEDERALLY FUNDED GRANT PROGRAMS 16.3 PROCUREMENT The Board recognizes that certain procurement requirements for state or federally funded grant programs may, from time to time, conflict with standard St. Lucie County policies. The County Administrator therefore is authorized to modify County procurement policies in order to comply with procurement required for state or federally funded grant programs. All procurement funded by Community Development Block Grants shall follow the Procurement Policies and Procedures for Community Development Block Grant Programs and Projects included as Attachment A of the St. Lucie County Purchasing Manual. All procurement funded by Federal Transit Administration ("FTA") Grants shall follow the FTA Purchasina Guidelines included as Attachment B of the St. Lucie Countv Purchasina Manual. All procurements funded by the Federal Emergency Management Administration ("FEMA") shall be subject to 2 C.F.R. Section 200.236 and 2 C.R. R Part 200, Appendix II, Required Contract Clauses included as Attachment C of the St. Lucie County Purchasing Manual. Procedure — Applications 1. Complete the New Grant Request Form and memo located under the approval request grant memo tab on the Office of Management and Budget (OMB) intranet site; http://intranet.stlucieco.org/budget/default.aspx 2. Obtain Department Director's signature. Attach backup material related to the grant application. 3. Submit signed form to the OMB for approval by the Management and Budget Director. 4. OMB Director will review request, sign if recommending approval and submit to the County Administrator for approval. Procedure — Acceotance The Department will submit an agenda item including a copy of the grant award along with a budget resolution (if required) to the Board of acceptance. Procedure — Procurement The Department will notify the County Administrator of any changes needed for procurement requirements when submitting the grant approval request form. 3 Packet Pg. 104 8.C.5.a ATTACHMENT C FEMA PROCUREMENT REQUIREMENTS 2 C.F.R. Section 200.326 and 2 C.F.R. Part 200, Appendix II Required Contract Clauses Requirements under the Uniform Rule: A non -Federal entity's contract must contain applicable contract clauses described in Appendix II to the Uniform Rules (Contract Provisions for non -Federal Entity Contracts Under Federal Awards), which are set forth below in this Attachment, 2 C.F.R. Section 200,326. 1. Remedies. a. Standard: Contracts for more than the simplified acquisition threshold ($150,000) must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. See 2 C.F.R. Part 200, Appendix II, Paragraph A. b. Applicability: This requirements applies to all FEMA grant and cooperative agreement programs. 2. Termination for Cause and Convenience. a. All contracts in excess of $10,000 must address termination for cause for convenience by the County, including the manner by which it will be effected and the basis for settlement. See 2 C.F.R. Part 200, Appendix ll, Paragraph B. b. Applicability: This requirements applies to all FEMA grant and cooperative agreement programs. 3. Equal Employment Opportunity. a. Standard. Except as otherwise provided under 41 C.F.R. Part 60, all contract that meet the definition of "federally assisted construction contract" in 41 C.F.R. Section 60-1.2 must include the equal opportunity clause provided under 41 C.F.R. Section 60-1.4(b), in accordance with Executive Order 11246, Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2. C.F.R. Part 300, Appendix II, Paragraph C. b. Key Definitions. (1) Federally Assisted Construction Contract. The regulation at 41 C.F.R. Section 60-1.3 defines a "federally assisted construction contract" as any agreement or modification thereof between any applicant and a person for construction work which is paid for in whole or in part with funds obtained from the Government or borrowed on the credit of the Federal Government pursuant to an Federal program involving a grant, contract, loan, insurance, or guarantee, 4 Packet Pg. 105 8.C.5.a or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, or any application or modifications thereof approved by the Federal Government for a grant, contract, loan, insurance, or guarantee under which the applicant itself participates in the construction work. (2) Construction Work. The regulation at 41 C.F.R. Section 60-1.3 defines "construction work" as the construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction. c. Applicability. This requirement applies to all FEMA grant and cooperative agreement programs. d. The regulation at 41 C.F.R. Part 60-1.4(b) requires the insertion of the following contract clause: During the performance of this contact, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, 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 contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisement for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 14, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency 5 Packet Pg. 106 8.C.5.a and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, and orders, this contract maybe canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Federal Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraph (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations or order of the Secretary of Labor issued pursuant to section 264 of Executive Order 11246 of September 24, 1965, so that such provision will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a s subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. 4, Davis -Bacon Act and Copeland Anti -Kickback Act. a. Applicability of Davis -Bacon Act. The Davis -Bacon Act only applies to the emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program, and Transit Security Grant Program. It does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program. b. All prime construction contracts in excess of $2,000 awarded by the County must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. Section 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations at 29 C.F.R. Part 5 (Labor Standards Provision Applicable to Contracts Covering Federally Financed and Assisted Construction). See 2 C.F.R. Part 200, Appendix II, Paragraph D. c. In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. d. The County must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The County shall report all suspected or reported violations to the Federal awarding agency. 6 Packet Pg. 107 8.C.5.a e. In contracts subject to the Davis -Bacon Act, the contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. Section 3145), as supplemented by Department of Labor regulations at 29 C.F.R. Part 3 (Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States). The Copeland Anti -Kickback Act provides that each contractor or subrecipient must be prohibited from inducing by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The County shall report all suspected or reported violations to FEMA. f. The regulation at 29 C.F.R. Section 5.5(a) provides the required contract clause that applies to compliance with bot the Davis -Bacon and Copeland Acts. However, as discussed in the next subsection, the Davis -Bacon Act does not apply to Public Assistance recipient and subrecipients. As such FEMA requires the following contract clause: Compliance with the Copeland "Anti -Kickback Act. (1) Contractor. The contractor shall comply with 18 U.S.C. Section 874, 40 U.S.C. Section 3145, and the requirements of 29 C.F.R. pt.3, as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontractors. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. Section 5.12. 5, Contract Work Hours and Safety Standards Act. (1) Applicability: This requirement applies to all FEMA grant and cooperative agreement programs. (2) Where applicable (see 40 U.S.C. Section 3701), all contracts awarded by the County in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.0 Sections 3702 and 3704, as supplemented by Department of Labor regulations at 29 C.F.R. Part 5, See 2 C.F.R. Part 200, Appendix II, Paragraph E. (3) Under 40 U.S.C. Section 3702, each contract must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. 7 Packet Pg. 108 8.C.5.a (4) The requirements of 40 U.S.0 Section 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (5) The regulation at 29 C.F.R. Section 5.5(b) provides the required contract clause concerning compliance with the Contract Work Hours and Safety Standards Act: Compliance with the Contract Work and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any work week in which he or she is employed on such work to work in excess of forty hours in such work week unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States, for liquidated damages. Such liquidated damages shall be computer with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard work week of forty hours without payment of the overtime wage required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The (insert name of Federal agency or the loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally - assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as my be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provide in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower Packet Pg. 109 8.C.5.a tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. 4. 6. Rights to Inventions Made Under a Contract or Agreement. a. Stafford Act Disaster Grants. This requirement does not apply to the Public Assistance Hazard Mitigation Grant Program, Fire Management Assistance Grant Program, Crisis Counseling Assistance and Training Grant Program, Disaster Case Management Grant Program, and Federal Assistance to Individuals and Households — Other Needs Assistance Program, As FEMA awards under these programs do not meet the definition of "funding agreement." b. If the FEMA award meets the definition of "funding agreement" under 37 C.F.R. Section 401.2(a) and the County wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the County must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organization and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements), and any implementing regulation issued by FEMA. See 2 C.F.R. Part 200, Appendix II, Paragraph F. c. The regulation at 37 C.F.R. Section 401.2(a) currently defines "funding agreement" as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph. 5. Clean Air Act and the Federal Water Pollution Control Act. Contracts of amounts in excess of $150,000 must contain a provision that requires the contract to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. Section 7401-7571q) and the Federal Water Pollution Contract Act as amended (33 U.S.C. Sections 1251-1387). Violations must be reported to FEMA and the Regional Office of the Environmental Protection Agency. See 2 C.F.R. Part 200, Appendix II Paragraph G. a. The following clauses shall be included in applicable contracts: Clean Air Act (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. Section 7401, et seq. (2) The contractor agrees to report each violation to the Florida Department of Environmental Protection ("FDEP") and understands and agrees that FDEP will, in turn, report each violation as required to assure notification to the County, FEMA, and the appropriate Environmental Protection Agency Regional Office. 0 Packet Pg. 110 8.C.5.a (3) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA Federal Water Pollution Control Act (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (2) The contractor agrees to report each violation to the Florida Department of Environmental Protection ("FDEP") and understands and agrees that FDEP will in turn report each violation as required to assure notification to the County and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $150,000 finance in whole or in part with Federal assistance provided by FEMA. 6. Debarment and Suspension. a. Applicability. This requirement applies to all FEMA grant and cooperative agreement programs. b. Non-federal entities and contractors are subject to the debarment and suspension regulations implementing Executive Order 12549, Debarment and Suspension (1986) and Executive Order 12689, Debarment and Suspension (1989) at 2 C.F.R. Part 180 and the Department of Homeland Security regulations at 2 C.F.R. Part 3000 (Nonprocurement Debarment and Suspension). c. These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs and activities. See 2 C.F.R. Part 200, Appendix II, Paragraph H; and Procurement Guidance for Recipients and Subrecipients Under 2 C.F.R. Part 200 (Uniform Rules): Supplement to the Public Assistance Procurement Disaster Assistance Team (PDAT) Field Manual Chapter IV, Paragraph 6.d, and Appendix C, Paragraph 2 [hereinafter PDAT Supplement]. A contract award must not be made to parties listed in the SAM Exclusions. SAM Exclusions is the list maintained by the General Services Administration that contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Oder 12549. SAME exclusions can be accessed at www.sam.gov. See 2 C.F.R Section 180.530; PDAT Supplement, Chapter IV, Paragraph 6.d and Appendix C, Paragraph 2. d. In general, an "excluded" party cannot receive a Federal grant award or a contract within the meaning of a "covered transaction," to include subawards and subcontracts. This includes parties that receive Federal funding indirectly, such as contractors to recipients and subrecipients. The key to the exclusion is whether there is a "covered transaction," which is any nonprocurement transaction (unless excepted) at either "primary" or "secondary" tier. Although "covered transactions" do not include contracts awarded by the Federal Government for purposes of the nonprocurement common rule and DHS's implementing regulations, it does include some contracts awarded by recipients and subrecipients. e. Specifically, a covered transaction includes the following contracts for goods or services: 10 Packet Pg. 111 8.C.5.a (1) The contract is awarded by a recipient or subrecipient in the amount of at least $25,000. (2) The contract requires the approval of FEMA, regardless of the amount. (3) The contract is for federally -required audit services. (4) A subcontract is also a covered transaction if it is awarded by the contractor of a recipient or subrecipient and requires either the approval of FEMA or is in excess of $25,000. The following debarment and suspension clause incorporates an optional method of verifying that contractors are not excluded or disqualified. It shall be included in all applicable contracts. Suspension and Debarment. (1) This contract is a covered transaction for purposes of 2 C.F.R. Part 180 and 2 C.F.R. Part 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. Section 180.995) or its affiliates (defined at 2 C.F.R. Section 180.905) are excluded (defined at 2 C.F.R. Section 180.940) or disqualified (defined at 2 C.F.R. Section 180.935). (2) The contractor must comply with 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by (insert name of subrecipient). If it is later determined that the contractor did not comply with 2 C.F.R. Part 180, subpart C and 2 C.F.R. part 3000, subpart C, in addition to remedies available to (name of state agency serving as recipient and name of subrecipient), the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. part 180, subpart C and 2 C.F.R. part 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring some compliance in its lower tier covered transactions. 9. Byrd Anti -Lobbying Amendment. g. Applicability: This requirement applies to all FEMA grant and cooperative agreement programs. b. Contractors that apply or bid for an award of $100,000 or more must file the required certification. See 2 C.F.R. Part 200, Appendix II, Paragraph 1; 44 C.F.R. Part 18; PDAT Supplement, Chapter IV, 6.c: Appendix C, Paragraph 4. c. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. Section 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal award. See PDAT Supplement, Chapter IV Paragraph 6.c and Appendix C, Paragraph 4. d. The following Byrd Anti -Lobbying contract clause shall be included in any applicable contract: 11 Packet Pg. 112 8.C.5.a Bvrd Anti-Lobbvina Amendment. 31 U.S.C. Section 1352 (as amended Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. Section 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. APPENDIX A. 44 C.F.R. PART 18 — CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor} certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee or a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form — LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed 31 U.S.C. Section 1352 (as amended by the Lobbying Disclosure Act of 1953). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if 12 Packet Pg. 113 8.C.5.a any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Section 3801 et seq., apply to this certification and disclosure, if any. Signature of Contractor's Authorized Representative Name and Title of Contractor's Authorized Official Date 10. Procurement of Recovered Materials. a. Applicability: This requirement applies to all FEMA grant and cooperative agreement programs. b. A non -Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, Publ. L. No. 89-272 (1965) (codified as amended by the Resource Conservation and Recovery act at 42 U.S.C. Section 6962). See 2 C.F.R. Part 200, Appendix II, Paragraph J; 2 C.F.R. Section 200.322; PDAT Supplement, Chapter V, Paragraph 7. c. The requirements of Section 6002 include procuring only items designated in guidelines of the EPA at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceed $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in EDP guidelines. d. The following provision shall be included in contracts meeting the above thresholds: (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be accepted --- (i) Competitively within a timeframe providing for compliance with the contract performance schedule. (ii) Meeting contact performance requirements; or (iii) At a reasonable price. (2) Information about this requirement, along with the list of EPA -designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm.comprehensive-procurement-quideline-cpq- program. 11, Additional FEMA Requirements. a. The Uniform Rules authorize FEMA to require additional provision for non -Federal entity contracts. FEMA, pursuant to this authority, requires or recommends the following: b. Changes. To be eligible for FEMA assistance under the non -Federal entity's FEMA grant or cooperative agreement, the cost of the change, modification, change order, 13 Packet Pg. 114 8.C.5.a or constructive change must be allowable, allocable, within the scope of its grant or cooperative agreement, and reasonable for the completion of project scope. FEMA recommends, therefore, that a non -Federal entity include a changes clause in its contract that describe how, if at all, changes can be made by either party to alter the method, price, or schedule of the work without breaching the contract. The language of the clause may differ depending on the nature of the contract and the end -item procured. c. Access to Records. All non -Federal entities must place into their contracts a provision that all contractors and their successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing Department of Homeland Security and FEMA access to records, accounts, documents, information, facilities, and staff. See DHS Standard Terms and Conditions, v 3.0, Paragraph XXVI (2013). d. The following provides a contract clause regarding access to records for DHS and FEMA: Access to Records. The following access to records requirements apply to this contract: 1) The Contractor agrees to provide (insert name of state agency), St .Lucie County, the FEMA Administrator, the Comptroller of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts , and transcriptions. 2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 3) The Contractor agrees to provide the FEMA Administrator or his authorized representative's access to construction or other work sites pertaining to the work being completed under this contract. 12. DHS Seal, Logo, and Flags. All contracts shall contain the following provision in accordance with DHS Standard Terms and Conditions, v 3.0, Paragraph XXV (2013): The Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. 13. ComDliance with Federal Law. Reaulations. and Executive Orders. All contracts must contain the following provision regarding compliance with federal law, regulations and Executive Orders: This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The Contractor will comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. 14 Packet Pg. 115 8.C.5.a 14. No Obliaation by Federal Government. All contracts must contain the following provision regarding no obligation by the Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the County, Contractor, or any other party pertaining to any matter resulting from the Contract. 15. Program Fraud and False or Fraudulent Statements or Related Acts. All contracts must contain the following provision regarding program fraud and false or fraudulent statements or related acts: The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract. 15 Packet Pg. 116 8.C.6 ITEM NO. (ID # 4996) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners JoAnn Riley, Property Acquisitions Manager Property Acquisition Division DATE 02/20/2018 *CONSENT AGENDA\COUNTY ATTORNEY Revocable License Agreement - OF/IFAS install fence across Pruitt Research Center Road at Rock Road The County received a request from OF/IFAS to install a fence on Pruitt Research Center Road at the Rock Road intersection, for security of their facility. For your convenience, we have attached a letter from the University stating the need for the fence for the safety of their students and facility. In the Revocable License Agreement we inform them that for any reason the fence has to be removed it will be at their expense. We have also informed them they must notify all Public Safety entities including the County upon installation of the gate and provided with keys to enter the property when needed. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board approve the revocable license agreement with OF/IFAS, authorize the Chair to execute the agreement and direct OF/IFAS to pay to record the agreement in the public records of St. Lucie County, Florida. COMMISSION ACTION: Packet Pg. 117 8.C.6 Coordination/Signatures ' 'ianie/S. McIntyre, C my ttorney 2/8/2018 rk 5 er ee, 6e PW c o u n i'Y-Ad ministrato 2/12/2018 Updated: 2/8/2018 11:21 AM byJoAnn Riley Page 2 Packet Pg. 118 rsri� - -M RICOS RD Z! it 1­4 4AQ, ,41r lj­ It, 5% fi o"'.0 ti ;4A ov 41, LU71 _'ESEARCHIrRI *.Ik 8.C.6.a -6 A FPacket Pg. 119 8.C.6.b lummFlIFEAS UNIVERSITY of FLORIDA November 21, 2p17 Heather Young Assistant County Attorney St. Lucie County 2300 Virginia Avenue Ft. Pierce, FL 34982-5652 Dear Heather: Indian River. Research and Educations Center 2199 south Rock Road Fort Pierce, FL 34945-3138 Tel. (772) 4W3922 Fax (772) 468-5668 Internet: awrw.irrec;bs.ufl.edu The OF/IFAS Indian River Research and Education Center is currently in the process of installing a fence on the east and northeast sides of the Center's property. This fence will cross the west side of the intersection of Pruitt Research Center Road and 'Rock Road. We have been and continue to be in cordial communication with your county colleagues Don West, Carl Peterson, and Selena Griffett so that the fence meets all county requirements and standards. The purpose of this letter is clearly state the justification for the need of this fence. I) Security is our main reason for installing this fence. Students and visiting scientists work and study at all hours, including weekends and holidays. A common bad habit seems to be blocking open doors for easy access to and from the greenhouses; in most cases, the doors are shut before they Ieave, but not always. Even when the doors are blocked open and they are still there, either in a lab or greenhouse, the students and visiting scientists are not looking for or aware of trespassers. A person or persons could drive around the facility until a door is found open and walk right in, and in most cases a student would not be alarmed by a stranger in the building. A fence would at least keep the unwanted cars out since a code will be needed to pass through the gate outside of business hours. Even with no one around at night, on weekends, or during holidays, the IRREC offices, labs, greenhouses, and vehicles are highly susceptible to break-ins through windows and glass doors. Preventing unauthorized vehicular traffic on the IRREC property outside of business hours is just one layer of protection against illegal entry into the facility. 2) Over the years, we have had a number of cases where people come on to the property, some with no idea that they are on University of Florida property. On the other hand, some know why they are there, and it is not in the best interests of the University. We have found people picking saw palmetto berries, trying to shoot or trap wild hogs, and those just looking for the turnpike after a wrong turn. We have greenhouses with on -going experiments that contain equipment and trees susceptible to theft. Also, these greenhouses are sprayed on a Friday and the legal reentry interval may be 24-48 hours; the doors are locked, but we would prefer that no one test that. We have a teaching/research garden with mango, star fruit, and other fruit ot M� 1� Packet Pg. 120 8.C.6.b trees that are susceptible to illegal harvesting as someone backs a car or truck up to the trees and just loads up. 3) Unwanted or lost drivers sometimes wonder around the property. Most times it is innocent, i.e., they are looking for the entrance to the turnpike, the St: Lucie County Extension office; the `USDA ARS lab to make a delivery; lately, construction trucks try to unload goods because of an old address for the new building being constructed at the Treasure Coast Research Park. We have tried to fix this address mix up, but the problem has not gone away. We had two young women with their car stuck in a pig rutting, and had they been able to back out, there was a good chance that they would have gone into a water drainage. canal as they came on the property at night and did not know where they were driving. 4) We have a beautiful place where people take their horse for a ride and let their dogs run free. The wild hogs like it, also. The concern is that an altercation with pigs and dogs can frighten the horses and my cause a rider to be thrown from the horse. There is also the concern for experiments that may be taking place, such as when a soil experiment is done and 6 foot by 4 foot 6 feet deep hole is dug. 5) We receive inmate labor from the Dept. of Corrections, and this has brought with it problems as to how we can prevent friends of the inmates .from hiding contraband on IRREC property. With our facility wide open, the friends can very easily hide something for the inmates on weekends or at night. There have been a few times when we have observed unrecognized cars driving on the property until they see either the farm manager or maintenance specialist who are on site at 6 am. We feel that it is in the best interests of the University of Florida to add the fence as we have been quite lucky to have not had a major incident. We feel times are changing, and it is now that we need to be proactive on security and have this fence installed. Best regards, Ronald D. Cave PhD Professor and Center Director 772-577-7378 rdcavenufl.edu cc: J. Mastrodicasa, UFAF'AS Associate Vice President for Operations D. West, St. Lucie County Public Works Director K. Heinicka, WAS Facilities Planning and Operations W. Hemighaus, Indian River REC Packet Pg. 121 8.C.6.b Exposed south side of IRREC administration, labs/offices of 300 wing, and parking lot along western extension of Pruitt Research Center Road. The labs and offices are hidden from view on Rock Road and the exterior is very dark at night. Exposed east side of IRREC administration and parking lot. Pence would run along east side of the low hedge. Packet Pg. 122 8.C.6.b Exposed front of IRREC teaching wing on Rock Road showing vulnerable glass fagad.e. Exposed north side IRREC parking lot, teaching wing, and labs. Note exposed fruit trees in the background. Packet Pg. 123 8.C.6.c Q ______ Pg. 124 8.C.6.d This instrument prepared by: Janet LiCausi under the direction of Daniel S. McIntyre, County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this day of , 2018, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and The University of Florida Board of Trustees, a public body corporate of the State of Florida, on behalf of its Institute of Food and Agricultural Sciences. whose address is 2199 South Rock Road 34945 ("U F/IFAS") WHEREAS, OF/IFAS is requesting a Revocable License Agreement for a 5-ft. decorative aluminum fence and gate along Pruitt Research Rd right-of-way as shown on Exhibit A. WHEREAS, the County is willing to permit the OF/IFAS to install a gate for the sole purpose of security and preventing trespassing at the facility subject to the terms and conditions set forth in this Revocable License Agreement. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. The County agrees to grant the Revocable License Agreement for a gate which will be across the right-of-way line of Pruitt Research Road at Rock Road, allowing a reasonable queue distance to be approved by Road and Bridge Manager. Approximate location is shown on Exhibit A. This Revocable License Agreement shall extend only to the referenced location and gate and shall not extend to the construction and/or installation of any additional structures or utilities. 1 Packet Pg. 125 8.C.6.d 2. The sole purpose of this Revocable License Agreement is to grant OF/IFAS permission to install and maintain the gate in the right-of-way of Pruitt Research Road at Rock Road location. Public Safety i.e. Florida Power and Light, St. Lucie County Sheriff's Office, Fire Department and North St. Lucie Water Management District must be notified of the gate immediately on installation of the gate in order to install their lock to enter the property when needed. The gate should not prevent North St. Lucie Water Control District from access to their canal for maintenance purposes. OF/IFAS agrees that if the County Engineer and/or Road and Bridge Manager determine the gate is creating problems for any reason the gate shall be removed or relocated at the Licensee's sole expense. 3. Pursuant to the terms and conditions contained in this Agreement, the County authorizes OF/IFAS to install the double drive gate in the right-of-way of Pruitt Research Road 4. OF/IFAS shall install the gate in accordance with all applicable codes, and safety regulation of the County. The County Public Works Department shall be provided a key for the gate. The gate shall not interfere with County use of the right-of-way and any damage while the gate exists in the in the right-of-way shall be repaired by Licensee. 5. This Revocable License Agreement shall be binding only for the Licensee mentioned in Paragraph Twelve (12) of this Agreement. 6. The County shall have the right, at the sole discretion of the County Engineer or Road and Bridge Manager, to terminate this Agreement with or without cause and require removal of the gate at the Licensee's sole expense upon ninety (90) days written notice to OF/IFAS. The County Engineer or Road and Bridge Manager may, in lieu of termination, request that OF/IFAS perform certain alterations to the gate or the location of the gate, at OF/IFAS 's sole expense 2 Packet Pg. 126 8.C.6.d However, if such alterations are not performed to the satisfaction of the County Engineer or Road and Bridge Manager, the County shall be entitled to exercise its right tote rminatethis Agreement. 7. Upon the abandonment of OF/IFAS 's use of the property, the expiration of this Revocable License Agreement, or the revocation of this Revocable License Agreement, whichever occurs first, OF/IFAS shall be responsible for the removal ofthe gate and repair ofthe right-of-way, if necessary. 8. The term of this Revocable License Agreement shall begin on the date first above written and shall remain in effect unless otherwise revoked or abandoned as provided herein 9. OF/IFAS agrees to relocate the referenced gate at any time and at no cost to the County, if necessary for the maintenance or improvements of the rights -of -way by the County 10. The gate shall be installed in accordance with all applicable building codes and permitting regulations of the County and shall be maintained solely at the expense of OF/IFAS Any modification or relocation activity will be subject to the written approval of the County Engineer. 11. OF/IFAS agrees to allow County employees access to the location of the gate for County purposes as determined by the County Engineer. 12. All notices, request and other communications dealing directly or indirectlywith this License shall be in writing and shall be (as elected bythe person giving such notice) hand delivered by messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, address to: As to County: County Engineer 2300 Virginia Avenue, 2nd Floor Fort Pierce, FL 34982 3 Packet Pg. 127 8.C.6.d As to Licensee: The University of Florida Board of Trustees PO Box 110850 Gainesville, FL 32611 With Copies to: County Attorney 2300 Virginia Avenue, 3rd Floor Fort Pierce, FL 34982 or to such other address as any party may designate by notice complying with the terms of this section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused orthe notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 13. Each party to this Agreement agrees to be fully responsible for, and assumes any and all risks related to, its acts or omissions, or its employees' and agents' acts or omissions when acting within the scope of their employment or agency, and agrees to be liable for any property damage or personal injury or death resulting from said acts or omissions. Nothing contained herein shall be construed or interpreted as (a) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (b) the consent of either party or the State of Florida or its agents and agencies to be sued; or (c) a waiver of sovereign immunity of either party or the State of Florida beyond the limited waiver provided in Section 768.28, Florida Statutes." 14. OF/IFAS shall promptly pay to record this Revocable License Agreement in the Official Records of St. Lucie County, Florida. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first written. M Packet Pg. 128 8.C.6.d ATTEST: DEPUTY CLERK Witness Witness STATE OF FLORIDA COUNTY OF ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS M3 CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY THE UNIVERSITY OF FLORIDA BOARD OF TRUSTEES It's: The foregoing instrument was acknowledged before me this day of _ by Curtis Reynolds" of The University of Florida Board of Trustees produced (type of identification) and who did take an oath. WITNESS my hand and official seal, this My commission expires: day of 5 Signature of Notary Public PLOW] 2018, pr- a Packet Pg. 129 TO: SUBMITTED BY: BACKGROUND: AGENDA REQUEST Board of County Commissioners JoAnn Riley, Property Acquisitions Manager Property Acquisition Division 8.C.7 ITEM NO. (ID # 5000) DATE: 02/20/2018 *CONSENT AGENDA\COUNTY ATTORNEY Revocable License Agreement - Fence - Drainage/Utility Easement - Holiday Pines Subdivision Phase II-B - Cowan - 4909 Eagle Drive - Parcel ID 1312-801-0050-000-5 Mr. Cowan is requesting a Revocable License Agreement to install a 6-foot PVC fence in the Drainage/Utility Easement on his property. Mr. Cowan understands if the County needs the Easement he will relocate the fence at his own expense. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board approve the revocable license agreement, authorize the Chair to sign the agreement and direct Mr. Cowan to record the agreement in the public records of St. Lucie County, Florida. COMMISSION ACTION: Packet Pg. 130 8.C.7 Coordination/Signatures ' 'ianie/S. McIntyre, C my ttorney 2/5/2018 rk 5 er ee, 6e PW C o u n i'Y-Ad ministrato 2/5/2018 Updated: 2/5/2018 10:34 AM byJoAnn Riley Page 2 Packet Pg. 131 5r .4u�a4 &s fi7 4909 EAGLE DRIVE ,P—, S 0 U , a� •L m w zLLJ o W a) d r0 Q 19 U N c W v 'Z J 10 � I'- - LU �la 0 oo `W W Z. w 5�0 NIA T DISCLAIMER St_ L. in C... ty makes eo warranty, representation or g.aranty as mthe m t,,L seg....., aa.roey umali..... or r plelaness of aay ofthe 9eodala mi—t on provided herein. p 0A3250.065 0.13 C.195 126 The reatlerahnulG nM rely onthe dal. prattled herem torany realm. SL Lucie Counlye,phchly disclaims any repesenlalions and wanan4es, inGuding, wdhoe; limWi—the imptletl FJIi P� rranlies olmerclramabliity antl fnness fora pertir�lar purpose.St,Lucie County shellassume noliability fcr. t. Any errors omissions, orInacw —In the nfymalia�pro�ided regardlessd how r.�usa�, s.any deClsian madeer Agienlakc.wnatta+e.6y cry Aexon in re1'-1.1pon dny lnformatinn ar d.. fumished hereunder. Packet Pg. 132 8.C.7.b HOLIDAY P1 NES SUBDIVISION 7and /8 TOWNSHIP 34 SOUTH,PH SE �B A SUED/V/S/ON /N SECTIONS RANGE 40 EAST 8 SECTIONS /2 and /J, TOWNSHIP 34 SOUTH, RANGE 39 EAST ST LbCIE COUNTY, I / / OI 2ji Z%'6 0 60' M / b c/or-s • /f ■ pEivOT` POiPiY10iC/Oit/T PG'.rP'E2.� zz s b i110it/litlOiC/7. iJ / ! �l 2) o .c7iC/OTG`' Oit'ilil.00/L/T C`OL/T.POG `b 1 SOS SfBT .OP C'UiP!/.OT.D. i o� O 3 � , ( o G , co vas , b /OdS.00'70 o.00 _— loco do.00 46'p G' G A6" W V r o O V 1' 0 FL OR/DA , I t I li ! j pjj gk J- 0 pi. iz-a SHEET .3 OF PREPARED BY HOUSEL 8t ASS OCI ATES, I NC. CONSULTING ENGINEERS —LAND SURVEYORS .. ..... ...... ... ... _.. __.�._.. .- ....w- .. .. _ ._ _.... . �. .........w.. v .... ........ . . - .. .,.......- �.�._,__....._------..�.. ....-.. .s.. ,-. �...L.'.:.u. _.«.. ._ _.......__._. �.y� ..•�...., ... ._ .. .... - �. v + ,: ... . ,a -, ..,. .. :i. ., .. • 1. e'l...' a '7 . �XT r• l.i,)•" ..... � r: Packet Pg. 133 o/v " 7 /v17 8.C.7.c 'pp��OG2' AS i �1 i \I Packet Pg. 134 8.C.7.d 4909 Eagle Dr. Fort Pierce, FL 34951 kR PARKWAY _ _ ___ Y 12' ASPHALT" ROADWAY LOT 248 FND. 5/8" OCCUPIED 48 1 EAGLEXDRiVE '83 V / LOT 301 M. 4"X4" MONtTMENT 0., rL r1)/91 �D JFECTING 9CORDBD L LOT 4p 140.69'� LOT 302 C--74 (P&1 RADIUS -= DELTA = e CHORD +THE `.\ COU�N.�'iY W, Ake► FWD. NAIL, & DISK 4o or 30.00 2.00':�j1� ' !�y ; 30 01' fi8.O1` 247 top yam -- 31.72' LOT 303 #1p -„?m ;Jfj:,-u'firs: �� 4"X4i CONC. p N MONUMENT U J o Y a LOT 246 cQ OCCUPIED o `" ^� FIN. FL. ELEV. — d 4907 EAGLE DkT O FND. 5/8" I.R. L HOLIDAY PINBS SUBMVIMON PHASE UB LOT 247 AS RMORVED IN PLAT BOOK 80 PAGE 18B OF TIM PUBLIC RECORDS OF ST. LUCIE COUNTY U 06 LOT 304 E t R Q 9 00XIM cffm aa� � � r °°�" DANIEL W. TALBOTT V A S;�r or . opmw im "a �" PROFESSIONAL SURVNYOR &MAPPER BOUNDAR i � m DoB�rum �Q " � etWx apt QUAMM TW M2wZ1 Z M =eons AM F, MUM NO= WOUM um MR = a MW UM W utr 958 22ND AVENUE DON ANI VU aa�� Rio Wi=r nor VERO BEACH FL. 32960 M au AM L ra e . (581)689•-•8884 SPE Packet Pg. 135 8.C.7.e This instrument prepared by: Janet LiCausl under the direction of Daniel S. Writyre, County Attorney 230D Virginia Avenue Fort Pierce, FL 34982 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this day of 2018, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, ("County") and WILLIAM G. COWAN whose address is 4909 Eagle Drive, Ft. Pierce, FL 34951 (the "Owner") WHEREAS, the Owner owns the property described as follows: Holiday Pines Subdivision Phase 11B-Lot 247, according to the Plat thereof, recorded in Plat Book 20, at Page(s) 12B of the Public Records of St. Lucie County WHEREAS, the Owner has requested a Revocable License Agreement for a 6-ft x 6-ft sections of PVC fence to be installed within the County's 7.5ft drainage/utility easement as shown on Exhibit A WHEREAS, the County is willing to permit the Owner to encroach in the County's easement for the purpose of installing a fence subject to the terms and conditions set forth in this Revocable License Agreement. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. The County agrees to grant the Owner a Revocable License Agreement for the fence which will encroach within the County's drainage/utility easement. This Revocable License shall extend only to the referenced fence and shall not extend to the construction and/or installation of any additional structures or utilities. 2. The sole purpose of this Revocable License Agreement is to grant the Owner permission to install and maintain the fence in the County's easement. The owner agrees that if the County Engineer and/or Road and Bridge Division determine the fence is causing flooding, drainage problems or other needs in the area and the fence needs to be removed or relocated, the owner will do so at the Owner's sole expense. Packet Pg. 136 8.C.7.e 3. Pursuant to the terms and conditions contained in this Agreement, the County authorizes the Owner to install the fence in the County's easement. The applicant shall obtain a St. Lucie County Building permit prior to the commencement of construction activities within the County drainage/utility easement. 4. The Owner shall maintain the easement along the fence in accordance with Standard Specifications for Public Works Construction in St. Lucie County, Florida. The fence shall not interfere with County use of the easement and any damage to the County easement shall be repaired by Owner. 5. This Revocable License Agreement shall be binding on future successors and assignees of the Owner, provided that Owner gives adequate notice to the County pursuant to Paragraph Twelve (12) of this Agreement. The applicant shall obtain a St. Lucie County Building permit prior to the commencement of construction activities within the County drainage/utility easement. 6. The County shall have the right, at the sole discretion of the County Engineer or Road and Bridge Manager, to terminate this Agreement with or without cause and require removal of the encroachment at the Owner's sole expense upon ninety (90) days written notice to the Owner. The County Engineer or Road and Bridge Manager may, in lieu of termination, request that the Owner perform certain alterations to the fence or the location of the fence, at the Owner's sole expense. However, if such alteration is not performed to the satisfaction of the County Engineer or Road and Bridge Manager, the County shall be entitled to exercise its right to terminate this Agreement. 7. Upon the abandonment of the fence, the expiration of this Revocable License Agreement, or the revocation of this Revocable License Agreement, whichever occurs first, the Owner shall be responsible for the removal of the fence and repair of the easement, if necessary. 8. The term of this Revocable License Agreement shall begin on the date first above written and shall remain in effect unless otherwise revoked or abandoned as provided herein 9. Owner agrees to relocate the referenced fence, at any time and at no cost to the County, if necessary for the maintenance or improvements of the easements by the County or 2 Packet Pg. 137 8.C.7.e Utilities Dept. The County does not accept any responsibility for damages to the fence to be able to access the easements. 10. The fence shall be installed in accordance with all applicable building codes and permitting regulations of the County and shall be maintained solely at the expense of the Owner. Any maintenance or relocation activity will be subject to the written approval of the County Engineer. 11. The Owner agrees to allow County employees access to the location of the fence for County purposes as determined by the County Engineer. 12. All notices, request and other communications dealing directly or indirectly with this License shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, address to: As to County: County Engineer Engineering Division 2300 Virginia Avenue, 2nd Floor Fort Pierce, FL 34982 As to Owner: William G. Cowan 4909 Eagle Drive Fort Pierce, FL 34951 With Copies to: County Attorney 2300 Virginia Avenue, 3rd Floor Fort Pierce, FL 34982 or to such other address as any party may designate by notice complying with the terms of this section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 13. As consideration for the County granting this Revocable License Agreement the Owner agrees to indemnify and hold the County harmless from and against all claims, liability, demands, damages, expenses, fees, fines penalties, suits, proceedings, actions and costs of 91 Packet Pg. 138 8.C.7.e actions, including reasonable attorneys fees of any kind or nature arising or in any way connected with the use, occupation, management, or control of the above property by County or its` agents, servants, employees, patrons, or invitees, or resulting in injury to persons or property, or loss of life or property of any kind or nature whatsoever, sustained during Licensee's use of the property. 14. The Owner shall promptly pay to record this Revocable License Agreement in the Official Records of St. Lucie County, Florida. The Owner shall pay any document excise taxes and the cost of recording this Revocable License Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first written. ATTEST: ST, LUCIE COUNTY DEPUTY CLERIC 4 BOARD OF COUNTY COMMISSIONERS BY: CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORN EY Packet Pg. 139 8.C.7.e U IVF AM G. COWAN PRINT NAME Witness =C /V!a L> (7n,' PRINT NAME STATE OF FLORIDA COUNTY OF ST. LUCIE The. foregoing instrument was acknowledged before rye this ��' dad of 6n C{ 01-8,. by WILLIAM G. COWNAN who produced �--L- Ovr mtt,S 1�Scl4pe of identification) and wh jd take an oath. WITNESS my hand and official seal, this 10 day of ) ah 2018. My commission expires: `i 5 gnature of Notary Pubtic Stephanie Moure NOTARY PUBLIC wam: STATE OF FLORIDA Comm# FF957381 �ce I Expires 2/4/2020 S Packet Pg. 140 8.C.7.e 4909 Eagle Dr_ Fart Pierce, FL 34951 �R _P_ARKWA_Y _ _ _ Y 12' ASPHALT ROADWAY C-74 (P&M) RADIUM 11 DELTA = 24' CHORD 8] NOTE: THE COUNTY WAI .wee ?kl{;� END. NAIL do DiBK P.C.P. # 2912 Opp LOT 248 FND. 6/8' I.R.•!p{per) OCCUPIED FIN. FL. ELEV.Y 51.83 4911 EAGLE DRIVE LOT 301 M. 4NX4" MONUMENT G., Ft. rr�r ync=G 3CCORDRb Imlaw IR 47 v -� 30.00 • , i,�as� '� In _ _�: 00r^3001' . f d•�R LOT 247 r 3 .72' N 7 4Z�,04 � a� LOT 302 LOT 303 "Y Ar vow Pam Prna 4'x4` CONC. FN; MONUMENT v ei co LOT 246 g OCCUPIED _ 4907 EAGLE a co M. 65/8' I.R. HOLIDAY PUSS SUDWMON FEE I® LOT 247 A8 RECGQWID W PUT BWX 20 PAGE 18B or Tmis PuBuc RECORDS or sT. Lu= c0Urff LOT 304 Oa"m *m'mmm"Mw"' '' ffzfix '°'" �'° DANIEL W. TALHOTT V e ar GROM ART-4 aoa� raow�er ' OfAMOOM °L'r� CPU= M° cu weo� PROFESSIONAL SURVEYOR dt MAPP EXHIBIT } Y= sT►1�1PCs Alm DOMM&W M �sm's iO MUM = WAUM. Ism eu�M m MUM WO AM sec m mmamt mm ww� s m arm WAY 966 22ND AVENUE `` � A`r= Mt o� MY �cR TO Annt=�rrW m VERO BEACH FL. 32960 �T � PM u (861)688-6684 � .F-- b Packet Pg. 141 8.C.8 ITEM NO. RES-2018-24 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: JoAnn Riley, Property Acquisitions Manager Property Acquisition Division DATE: 02/20/2018 *CONSENT AGENDA\COUNTY ATTORNEY Permanent Drainage Easement - Lakewood Park Unit 10 - 6011 Lantana Drive - Parcel 1301-612-0394-000-4 and 1301-612-0395-000-1 Lakewood Park is in need of replacing failed pipes and structures throughout the community. Many of these pipes are the original metal culverts placed in the ground in the 1990's and have reached the end of their service life. Over time the mature trees are now in close proximity to these pipe locations. These trees would have to be removed to dig up and replace the pipes and structures. The County would like to provide a solution for the residents to help them keep their trees. A way to do this is to move the location of the pipes and structures to save the trees and obtain a Permanent Drainage Easement from the property owners. Mr. and Mrs. Grandjean have executed the attached Permanent Drainage Easement for your review and acceptance. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board accept the Permanent Drainage Easement from Ronald and Velda Grandjean, authorize the Chair to sign the resolution and direct staff to record the documents in the public records of St. Lucie County, Florida. COMMISSION ACTION: Packet Pg. 142 8.C.8 Coordination/Signatures ' 'ianie/S. McIntyre, C my ttorney 2/5/2018 rk 5 er ee, 6e PW c o u n i'Y-Ad ministrato 2/5/2018 Updated: 2/5/2018 10:16 AM byJoAnn Riley Page 2 Packet Pg. 143 LOCATION MAP CITRUS PARCC BLVD���,�'� LAKELAND BLVD O � Q SALERNO RD , 0 0 z z PENSACOLArRD z a FORT WALTON AVE =KCTAVIO 11-771 O DELAND AVE O ' w z w N BAYARDADTl O J fF� o � h� OCALA E L w o o 0 a ° z z z z O TOSCA KENWOOD RD 0 � z Z o z N i� �E41P� rr u� SA• 4 L MI Q CISCL IMER 51. Lucie C. imly n W"no vmr.enry, rrprosenlaliener guar�vy ae tpf M1e crMeM, sequenu, accuracy, limeln...ercernylerenessorany of me g—e, lnbrmalmn prrvibrd herein. 0 02 C.5 4.05 0_1 0,15 0.2 The reatler shpWR not rely on tlic Eeta provided here�o for any reason. Sr. Luck LouMy erpllci,lytl'rcrlaims any reprearntalions antl wanarR�ec. in�luding,wbhern limilalion. tlra impletl MAPS rmnfies al ntemhsrM1abil'rty ant Gtnese ser a pa>ti2ta, purpose, s•., Lucie Cushall aswrne no l'tabphy ter. 1, l.ny errors. rmiasione, or inapcura ies in the iMamravon provierd re Aa Mlees of hmv uuaed, or 2, hny tlesisien made o. action Taken ur not lakrrr by any Ferson In relieare upon any inlprrna4oreer dA,e iumislred nerenr..tdr_ Packet Pg. 144 I L IV 0 OD LA Vil HT L.. L.i Gt it -GOu NTYf G--G��-t o a J 7 7 r 4 �L 7 �> :a 00 _ s � A Q z 1 O I �u L4v 3 cac 4 V,*o7 —UNIT I C) -Lt' . wt. E — .•� u T ?r oo•_ ea--4c'_G b L+g.4~ -& V G 1, E- 7D' L1 N Q ,o ri Q d 7 � 4 d lo' a � � u z a b 7 Q , of oLb 4 J 0 Q r G 7 p b ik _ 10 Q a , c s w o a tZ�o d fl : h d d u 6 QrP- - .tea - a a � 7 A � .4 iw'.t •• J 9s• .. 03. F' rY n D3' ♦too' 7-• / O �► l d LiJ 4Q-Z' 90' gp • 9F•L' v 7 n in 9t.z. b v rl a lea .. gyp. O>�•L' PL• � yo. Ilk, d. L(.ilr�tlM'it =� if ea.l T'�1 HiCRaQ•.�fi't+1...�V i�-. `• Uo�Eh: tsfrir'• `a4,•EE'T '.oliL r �. 007U 1 ✓e.,xeh �/. G}�r/is� pE. �'Lh /22G> o.-r�>�..4r��l.rr� r-nA H r ol a • LK�• DMsp. 0.., I.a, i.+ Twa. !. Y. 11.. Ifi D.JYa �nl.f a•0 Packet Pg. 145 8.C.8.c This instrument prepared by: Janet LiCausi under direction of Daniel S. McIntyre, County Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 Without the benefit of examination of title PERMANENT DRAINAGE EASEMENT THIS PERMANENT DRAINAGE EASEMENT, made this day of , 2018, by Ronald F. Grand'ean and Velda R. Grand'ean his wife, whose address is 6011 Lantana Drive, Fort Pierce, Florida 34951, hereinafter referred to as GRANTOR, 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 GRANTEE. WITNESSETH That the grantor for and in consideration of the sum of One ($1.00) Dollar and other valuable considerations paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto the grantee, its successors and assigns, a Permanent Drainage Easement for the purpose of ingress/egress to construct, reconstruct, lay, install, operate, maintain, repair any drainage facilities in, under, upon, along, over, and across a portion of certain lands owned by Grantor being described as follows in St. Lucie County, Florida, to -wit: SEE ATTACHED EXHIBIT "A" TO HAVE AND TO HOLD the same unto said GRANTEE, its successors and assigns forever, and the GRANTOR will defend the title to said lands against all persons claiming by, through or under said GRANTOR. Access to the above strip of land over the adjoining lands of the Grantors is hereby granted. The GRANTEE may remove, cut or trim trees, bushes, and saplings growing upon or extending over said strip of land so far as may be reasonably necessary in the installation, maintenance, operation, repair, replacement or renewal of any of the above mentioned drainage or improvements. The GRANTORS reserve the use of said strip of land for any use not inconsistent herewith, but no buildings or structures shall be erected or placed on said strip of land by GRANTORS. The rights herein granted may be assigned in whole or in part. t Packet Pg. 146 8.C.8.c IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed, and delivered in our presence as witnesses: W,4TNESS T ESS WITNESS �VJINESS i STATE OF FLORIDA COUNTY OF ST. LUCIE RONALD F. GRANDJEAN i , �It �ELDA`-R. GRANDJEAN The foregoing instrument was acknowledged before me this 191" day of January, 2018, by Ronald F. Grand'ean and Velda R. Grand'ean, who is personally known to me or who has produced l j try: Jo- car Y• issued within the last five years as identification. to ary Public JOANN M. RILEY RS COi!mI uion#VG 054M9 Expires December 13. 2M %ftxW Th Tmy Fairs sus M48ST0i9 Packet Pg. 147 SKETCH AND LEGAL DESCRIPTION 8.C.8.c reTa PROPOSED 10' DRAINAGE EASEMENT DESCRIPTION A 10' drainage easement located 5' each side of the following described centerline: Being a part of Lots 10 and 11, Block 134-A, Lakewood Park No. 10 as recorded in plat book 11 page 29C of the public records of St. Lucie County, Florida being more fully described os follows: Commencing at the southeast corner of said Lot 10; thence N00°03'00"E along the east line of said Lot 10, a distance of 82.30' to the Point of Beginning, thence N80°51'11 "W a distance of 114.61; NORTH thence 537°2429 W a distance of 7.45' to the Point of Termination. it is the intent to lengthen or shorten the sidelines to intersect with both the west R W line of fl 40' Lantana Drive and the southwest line of said Lot 11. k.._--.—i SCALE: 1 " = 40' LEGEND I ABBREVIATION5 POB =Point of tseumm-0 POC = point of Commencement ID = Identification ORB = Official Record Book PG = Page SEC = Section TOWN = Township S37°24'39"W 7A6 EXISTING MH OCALA AVENUE (70r R/W) LOT 11 - BLOCK 134-A 0 v r PROPOSED 10' DRAINAGE EASEMENT 24" OAK TREE "iX STIKG PROPOSED 18^ CqP— ter. MH r� r ` N$0.51411 "W 114.61' PROP1 p la, r%'. �. 1 b ExisTING / 15" OAK WEST i 0.00' STRUCTURE- � `/vJS TREE FI CB5 HOi1SE LU Ix POINT OF QTERMINATION = LOT 10 - BLOCK 134-A LL1 y Q ...I SURVEYOR NOTES 130 This is not a boundary survey. EA The above legal description was prepared by the undersigned surveyor and mapper. Bearing base is the east line of the subject property. Bearing being NDO'03'00"E CERTIFICATE: I hereby certify that the sketch of legal description represented hereon, dated this 14th day of July, 2017, 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 51-17.052, Florida Administrative Code, pursuant to Section 472.072 Florida Statutes. LLi EXIST NG CB i--. Q ao pRoPPOSED OB J r I 1I 4 I I I NOT VALID WITHOUT THE SIGNATURF AND THE ORIGWAL FVSSFU SEAL OF A FLO/R'1EjCEN—r0 SURVEYOR ASJO MAPPER ROD REEF) PROFESSIONAL -uRVEYOR ANC MAPPER STATE OF FLORIDA (JQ RP'•6 BOARD OF COUNTY COMMISSIONERS v,Nit ST. tUGIE COUNTY. FLORIAA SKETCH AND LEGAL DESCRIPTION PUBLIC WORKS DEPT., ENGINFER€NG DIVISION OF PROPOSED i0'DRAINAGE sukVEY SECTION EASEMENT 23ae VIRGINIA TAVE., FORT ELEPHONE ERCL. FLOMDA. 34962 Packet Pg. 148 8.C.8.d Florida, that: RESOLUTION NO. 2018-xxx A RESOLUTION ACCEPTING A PERMANENT DRAINAGE EASEMENT ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, The foregoing Permanent Drainage Easement from Ronald Grandjean and Velda Grandjean is duly accepted on behalf of St. Lucie County this 20t" day of February, 2018. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Chair APPROVED AS TO FORM AND CORRECTNESS: County Attorney Packet Pg. 149 8.C.9 ITEM NO. (ID # 5034) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: JoAnn Riley, Property Acquisitions Manager Property Acquisition Division DATE: 02/20/2018 *CONSENT AGENDA\COUNTY ATTORNEY Proposed Sabal Creek Municipal Services Unit (MSBU) - Partial Assignment of Dedications, Easements, and Rights -of -Way A majority of homeowners within the Sabal Creek subdivision in the Reserve have requested potable water service and fire hydrants to their subdivision. The proposed potable water service provider is the Reserve Community Development District ("District"). The District is willing to provide potable water service to Sabal Creek but does not have the funds necessary to construct needed infrastructure and does not have the authority to impose special assessments on benefited properties within Sabal Creek. Because of this, the District approached County staff with the idea of the County creating a municipal service benefit unit (MSBU) to levy special assessments on benefited property within Sabal Creek on behalf of the District. Normally the County is not authorized to levy special assessments to construct private infrastructure within a private subdivision. In this case, as a condition precedent, the homeowners association will convey a partial assignment of dedications, easements, and rights -of -way to the County and the District to allow the installation, operation and maintenance of potable water lines within the Sabal Creek right-of- way. In addition, the County will not be providing utility services but will be assisting another governmental entity (i.e. the District) who will be providing service. To avoid any future legal issues, the County intends, as another condition precedent, to file a bond validation proceeding seeking entry of a final judgment validating the County's authority to issue reserve bonds secured by special assessments to finance the potable water improvements. County staff has also requested the Sabal Creek/PGA Village HOA provide the District with an Easement in recordable form allowing the maintenance of the potable water lines. Attached for your review and acceptance you will find the Partial Assignment of Dedications, Easements, and Rights -of Way signed by the Sabal Creek Association and PGA Village Property Owners' Association. PREVIOUS ACTION: Packet Pg. 150 8.C.9 September 19, 2017 - Board of County Commissioners approved an Interlocal Agreement with the Reserve Community Development District for the proposed Sabal Creek Municipal Benefits Services Unit (MSBU). FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board acceptance of the partial assignment of dedications, easements, and rights -of - way for the proposed Sabal Creek MSBU, authorize the Chair to sign the assignment and direct staff to proceed with holding the public hearing for the Board to consider creating the Sabal Creek MSBU and accept the petitions. COMMISSION ACTION: Coordination/Signatures Danie S. McIntyre, CoJnty ttorney 2/12/2018 LV awu J y kWer, DekAy Coutny Administrator 2/12/2018 rk S er ee, Dep�a County A ministrato 2/12/2018 Updated: 2/12/2018 11:08 AM by Katrina Slay Page 2 Packet Pg. 151 I 8.C.9.a I Sabal Creek ° — as° 675 9°° N Feet ® Sabal Creek S/D boundaries A May 2, 2016 \\ , N A10 0 ,CT m a m Cn 2 m CO q O ci 00 r l a Packet Pg. 152 1 8.C.9.b This instrument prepared by (and return to): JoAnn Riley, under the direction of Daniel S. McIntyre, County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 PROJECT: Sabal Creek MSBU PARTIAL ASSIGNMENT OF DEDICATIONS, EASEMENTS, AND RIGHTS-OF-WAY—SABAL CREEK THIS INDENTURE, is made as of this day of 20t8, between SABAL CREEK ASSOCIATION, INC., a Florida Not for Profit Corporation, whose address is 430 NW Lake Whitney Place, Port St. Lucie, Florida 34986 ("Sabal Creek"), and PGA VILLAGE PROPERTY OWNERS' ASSOCIATION, INC., formerly known as The Reserve Property Owners Association, Inc., a Florida Not for Profit Corporation, whose address is 2140 NW Reserve Park Trace, Port St. Lucie, Florida 34986, a Florida not -for -profit corporation ("PGA Village" and, together with Sabal Creek, the "ASSIGNOR"), and ST. LUCIE COUNTY, a political subdivision of the State of Florida, whose mailing address is 2300 Virginia Avenue, Fort Pierce, Florida 34982 ("County"), and RESERVE COMMUNITY DEVELOPMENT DISTRICT, a Community Development District, organized and existing in accordance with Chapter 190, Florida Statutes, whose mailing address is 2160 NW Reserve Park Trace, Port St. Lucie, Florida 34986 ("District" and, together with the County, the "ASSIGNEE"). WITNESSETH: The ASSIGNOR, in consideration of One Dollar ($1.00) and other good and valuable consideration to it paid by the ASSIGNEE, the receipt and sufficiency of which is hereby acknowledged, does hereby grant, convey, assign, transfer, and set over unto the ASSIGNEE, its legal representatives, successors, and assigns, for the purposes of ingress, egress, construction, reconstruction, installation, repair, operation, and maintenance of a potable water supply main line and related facilities and appurtenances ("Water Facilities"), together with rights of ingress and egress over and across all adjacent common and general areas of the ASSIGNOR, such portion of the rights and privileges that the ASSIGNOR has or may have under the laws of the State of Florida or otherwise in, to, and under, each of. (a) the dedications of utility easements, ingress and egress easements, streets, roadways, and life easements and rights -of -way identified and set forth on those certain plats specified in the attached Exhibit I, and (b) the easements and rights of way identified Sabal Creek & PGA Village Association Packet Pg. 153 8.C.9.b and set forth on those certain separately recorded instruments specified in Exhibit II, all located in St. Lucie County, State of Florida (collectively, the "Partially Assigned Tracts and Easements"), as may be required for the express purpose of constructing, reconstructing, installing, repairing, operating, and maintaining the Water Facilities, and reserving unto the ASSIGNOR the continuing rights of access, ingress, and egress to enter upon the Partially Assigned Tracts and Easements to operate, maintain, construct, and reconstruct any and all structures and improvements of the ASSIGNOR ("Reserved Rights"). TO HAVE AND TO HOLD such Partially Assigned Tracts and Easements unto the ASSIGNEE, its legal representatives, successors, and assigns, to and for its or their uses forever, subject only to (a) the terms and conditions of the described plats and instruments and (b) the Reserved Rights of the ASSIGNOR; PROVIDED, HOWEVER, that (a) by accepting the within Partial Assignment, the ASSIGNEE agrees that there shall be no open cutting of any pavement within the Partially Assigned Tracts and Easements during the construction and installation of the Water Facilities without the prior written consent of the ASSIGNOR, which consent shall not be unreasonably withheld, (b) upon the ASSIGNEE completing construction of the Water Facilities, the ASSIGNOR shall grant, convey, assign, transfer, and set over such permanent replacement easements or instruments ("Replacement Instruments") in favor of the ASSIGNEE and describing such specific portions of the Partially Assigned Tracts and. Easements as reasonably necessary for the ASSIGNEE to construct, reconstruct, install, repair, operate, and maintain the Water Facilities in perpetuity, and upon the recording of such Replacement Instruments the within Partial Assignment shall be null and void, (c) the ASSIGNEE shall not record the within Partial Assignment unless the ASSIGNOR fails to deliver the Replacement Instruments within sixty (60) days of written demand from the ASSIGNEE specifying the date of completion of the Water Facilities, and (d) unless the ASSIGNEE commences the construction and installation of the Water Facilities on or before December 31, 2019, the within Partial Assignment shall be null and void. The ASSIGNOR does for itself and its legal representatives, successors, and assigns, covenant to and with the ASSIGNEE, its legal representatives, successors, and assigns, that it is the lawful owner of the Partially Assigned Tracts and Easements; that the Partially Assigned Tracts and Easements are free from all encumbrances except as specified herein; that it has good right to assign the Partially Assigned Tracts and Easements; and that it will warrant and defend the assignment of Sabal Creek & PGA Village Association Packet Pg. 154 8.C.9.b the Partially Assigned Tracts and Easements unto the ASSIGNEE its legal representatives, successors, and assigns, against the Iawful claims and demands of all persons whomsoever. IN WITNESS WHEREOF, the ASSIGNOR has caused this instrument to be executed by its duly authorized agents, and its corporate seal affixed hereto, as of the date set forth above. ASSIGNOR: WITNESSES: SAIIAL CREEK ASSOCIATION INC. Printame: J 0 A -4--J K, 4 ley — C�� P, I nu� nt Name: TALI Er Us r STATE OF FLORIDA COUNTY OF ST. LUCIE By: jJ 4MA-i-, s tA)"I-y- Title: P Pt 5 r` +2c A/ l Print Name: >-o p fy- C e S• L,0k;,A A The foregoing instrument as acknowledged before me this 6' day of February, 2018, by I rn a ct— S . 0, b b as PA4,0 1-1,+ of SABAL CREEK ASSOCIATION, INC., a Florida not -for -profit corporation, who produced a Florida Driver's License as identification. JOANN M. RILEY [Seal] ', x Commission # GG "39 Expires December 13, 2020 Banded Tiw Troy Fair+ ln9mnce 803W7019 II —M . N ar Public --State of F d ar Print Name: a Aaw K . L ley My Commission Exp, I a - 13 - � a a o Saba] Creek & PGA Village Association Packet Pg. 155 8.C.9.b WITNESSES: Print Name: C� c,. Y.Q r` ,v, � ,.1 Print Name: fi STATE OF %'�z` J f COUNTY OF -1? S'i Arc,"" — PGA VILLAGE PROPERTY OWNERS' ASSOCIATION INC. BY- Title: PrintNa►ne:,vJ/ The foregoing instrument as acknowledged before me this dayof "' ,; 2018, by • e"q/ . / - ., of PGA VILLAGE PROPERTY OWNERS' ASSOCIATION, INC., a Florida not -for -profit corporation, who I 1 is lrersonally known to me, or F1 who has produced identification. [Seal] Sabal Creek & POA Village Association 1� f Notary Public --State of Print Name: L, wt My Commission Exp. I �6 .'.v e ' L., MADEUNE FEINGOLD * MY COMMISSION it FF 2010M EXPIRES: June 15, 2019 dr+. -,'o� Bonded Thru Budges N4bry SEnkri as Packet Pg. 156 8.C.9.b ACCEPTANCE OF PARTIAL ASSIGNMENT THE ABOVE PARTIAL ASSIGNMENT is hereby accepted as of this , 201S. ATTEST: Wo Print Name: Title: STATE OF FLORIDA COUNTY OF ST. LUCIE ASSIGNEE: day of ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Frannie Hutchinson, Chair The foregoing instrument as acknowledged before me this day of , 2018, by Frannie Hutchinson as Chair of ST. LUCIE COUNTY, a political subdivision of the State of Florida, who is personally known to me. [Seal] Notary Public --State of Florida Print Name: My Commission Exp. Saba] Creek & PGA Village Association Packet Pg. 157 8.C.9.b ATTEST: LIM Print Name: Title: STATE OF FLORIDA COUNTY OF ST. LUCIE RESERVE COMMUNITY DEVELOPMENT DISTRICT Print Name: Title: The foregoing instrument as acknowledged before me this day of , 2018, by as of RESERVE COMMUNITY DEVELOPOMENT DISTRICT, a community development district created pursuant to Chapter 190, Florida Statutes, who is personally known to me, or who has produced as identification. [Seal] Notary Public --State of Florida Print Name: My Commission Exp. Saba] Creek & PGA Village Association Packet Pg. 158 8.C.9.b EXHIBIT I TO PARTIAL ASSIGNMENT OF DEDICATIONS, EASEMENTS, AND RIGHTS -OF -WAY Dedications—Sabal Creek Plats (Recording Information References are to the Public Records of St. Lucie County, Florida) Plat Name/Description Plat Book Pages Sabal Creek, Phase I 23 32, 32A, and 32B Sabal Creek, Phase I1 24 1, IA, 113, and IC Sabal Creek, Phase IV 24 17 and 17A Sabal Creek & PGA Village Association Packet Pg. 159 8.C.9.b EXHIBIT II TO ASSIGNMENT OF DEDICATIONS, EASEMENTS, AND RIGHTS -OF -WAY Separately Recorded Instruments (Recording Information References are to the Public Records of St. Lucie County, Florida) Description of Instrument O.R. Book Pages Warranty Deed 2905 711-713 Saba] Creek & PGA Village Association Packet Pg. 160 8.C.9.c ITEM NO. (ID # 4540) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CI IRIFrT- BACKGROUND: Daniel S. McIntyre, County Attorney County Attorney DATE: 09/19/2017 *REGULAR AGENDA\COUNT ATTORNEY Interlocal Agreement with Reserve Community Development District for the Proposed Sable Creek Municipal Benefit Services Unit A majority of homeowners within the Sable Creek subdivision in the Reserve have requested potable water service and fire hydrants to their subdivision. The proposed potable water service provider is the Reserve Community Development District ("District"). The District is willing to provide potable water service to Sable Creek but does not have the funds necessary to construct needed infrastructure and does not have the authority to impose special assessments on benefited properties within Sable Creek. Because of this, the District approached County staff with the idea of the County creating a municipal service benefit unit (MSBU) to levy special assessments on benefitted property within Sable Creek on behalf of the District. Normally the County is not authorized to levy special assessments to construct private infrastructure within a private subdivision. In this case, as a condition precedent, the homeowners association will convey easements to the County and the District to allow the installation, operation and maintenance of potable water lines within the Sable Creek right-of-way. In addition, the County will not be providing utility services but will be assisting another governmental entity (i.e. the District) who will be providing service. To avoid any future legal issues, the County intends, as another condition precedent, to file a bond validation proceeding seeking entry of a final judgment validating the County's authority to issue reserve bonds secured by special assessments to finance the potable water improvements. County staff has also requested the Sable Creek/PGA Village HOA to provide the County (and the District) with an easement in recordable form allowing the construction and maintenance of the potable water lines. Attached is a copy of a proposed Interlocal Agreement between the County and the District which provides that the County and the District will cooperate in providing potable water service to the Sable Creek subdivision. Under the terms of the proposed Interlocal agreement, the County would: 1. Acquire easements from the homeowners association necessary for the construction and installation of the potable water improvements. Packet Pg. 161 8.C.9.c 2. Determine whether to create a Sable Creek MSBU and levy assessments to fund the potable water improvements. 3. File bond validation proceedings validating the County's authority to issue revenue bonds to fund the project. 4. Issue revenue bonds to construct the project. 5. Construct the project. 6. Convey the potable water improvements to the District. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board approve the Interlocal Agreement and authorize the Chairman to sign the Agreement subject to prior receipt of a signed easement in recordable form from the Sable Creek/PGA Village HOA. COMMISSION ACTION: RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS] MOVER: Linda Bartz, District No. 3 SECONDER: Frannie Hutchinson, District No. 4 AYES: Dzadovsky, Mowery, Bartz, Hutchinson, Townsend Coordination/Signatures 1. L)Z�dj*,A Danie S. McIntyre, c my ttorney 9/14/2017 R Frarmie Hutchinson, District o. 4 9/19/2017 updated: 9/13/2017 10:37 AM by Carol Bishop Page 2 Packet Pg. 162 8.C.10 ITEM NO. (ID # 4952) AGENDA REQUEST TO: Board of County Commissioners DATE: 02/20/2018 *CONSENT AGENDA\COUNTY ATTORNEY PRESENTED BY: Katherine Barbieri, Asst. County Attorney SUBMITTED BY: County Attorney SUBJECT: Request for an Order pursuant to Article II, Chapter 2-5 of the St. Lucie County Code of Ordinances and Compiled Laws, to demolish the Unsafe Structure at 1006 Midway Road, White City, Florida. BACKGROUND: Under the provisions of Appendix A -Local Acts, Article VII Division 2 (Unsafe Buildings and Structures) of the St. Lucie County Code of Ordinances and Compiled Laws, the building located at 1006 Midway Road, White City, Florida was inspected on November 28, 2017; where it was determined to be unsafe and to constitute a public nuisance. Please see photographs and a copy of the Building Official Report attached describing the condition of the building. The St. County Historical Commission reviewed this demolition request at its November 21, 2017 meeting, acting under the authority of LDC Section 4.11.05.F, to determine whether the structure qualified as an "Exceptional Historic Resource", as defined by the Code. If the Historical Commission finds an endangered structure to be an Exceptional Historic Resource, an emergency action to consider designating the property as a Historic Structure must be scheduled for consideration before the Board of County Commissioners. At the meeting, the Board voted to find that the structure did not qualify as an Exceptional Historical Resource. The structure is cleared for demolition. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Other Contractual Services, Acct. No. 102-2415-534000-200 RECOMMENDATION: Staff recommends, under the provisions of Section 7-42 of the St. Lucie County Code of Ordinances and Compiled Laws, that the Board accept the Certified Report of Inspection of Buildings for filing, declare the building to be unsafe, and order that a public hearing be held so that the Board may take such further action, as it is appropriate with regard to the unsafe building at 1006 Midway Road, White City, Florida. COMMISSION ACTION: Packet Pg. 163 8.C.10 Coordination/Signatures ' 'ianie/S. McIntyre, C my ttorney 2/8/2018 Updated: 2/8/2018 10:01 AM by Katrina Slay A Page 2 Packet Pg. 164 BUILDING DIVISION "M- ST. LUCIE COUNTY BOARD OF COUNTY November 28, 2017 COMMISSIONERS CHRIS DZADOvsKY White City Improvement Co >% CHAIRMAN DISTRICT 1 PO Box 13145 Ft. Pierce, FL 34979 TOD MOWERY Re: 1006 Midway Rd., Ft. Pierce FL 0 VI D[ E-CHAIRMATR CT 2 N Parcel ID #3404-501-0119-000/4 L To Whom It May Concern: r L LINDA BARTZ N DISTRICT 3 4- Pursuant to the provisions Appendix A- Local Acts, Article VII Division 2 (Unsafe n Buildings and Structures) of the St. Lucie County Code of Ordinances and Compiled c 3 FRANNI)~ HUTCHINSON DISTRICT 4 Laws, the St. Lucie County Building Official has determined the structure located at f° 1006 Midway., Ft. Pierce, FL is damaged, deteriorated or defective to such an extent t that the cost of restoration of repair thereof will exceed fifty (50) per cent of the 0 E CATHY TRICT 5 ND DISTRICT 5 value thereof after restoration or repair. The significantly damaged building is 1' g y g g -0 manifestly unsafe and unsanitary for use as a single family dwelling. This building p in its current condition constitutes a public nuisance. Specific conditions which exist o HOWARD N. TIPTON COUNTY ADMINISTRATOR includes: Significant termite damage in the floor joist and the interior walls. The second floor all wainscoting has been removed from the walls and ceilings. The first `o floor the wainscoting on the ceiling buckling. Windows are missing leaving the y DAN McINTYRE interior exposed to the elements. Most electrical has been removed for the structure. s COUNTY ATTORNEY y The property must be brought into compliance by demolishing the structure within MAILING ADDRESS thirty (30) days or this property will be brought before the Board of County 2300 VIRGINIA AVENUE Commissioners for condemnation consideration. If you need to discuss this matter FORT PIERCE, i~ L 84982 further, you can reach me at (772) 462-1553. N PHONE Thank you for your time, r L) (772) 462-1 553 0 i� TDD (772) 462-1 428 arl Peterson Building Code Administrator FAX Building Official — St. Lucie County aD E (772) 462-1 578 r E-MAIL r Q PETE RSONJ @STLU CIEC O.ORG WEBSITE WWW.STLUCIECO.GOV LUCI r— Packet Pg. 165 Property Card P 8.C.10.a Michelle Franklin, CFA -- Saint Lucie County Property Appraiser -- All rights reserved. Site Address: 1006 MIDWAY RD Sec/Town/Range: 04136S/40E Map ID: 34/04N Zoning: 1 Ownership White City Improvement Co PO Box 13145 Fort Pierce, FL 34979 Property identification Parcel ID: 3404-501-0119-000-4 Account #: 39679 Use Type: 7700 Jurisdiction: Saint Lucie County Legal Description WHITE CITY BLK 24 LOTS 3 TO 5 INCL AND 14 TO 19 INCL AND 20 FT VACALLEY LYG BTWN AND S 15 FT VAC CHARLOTTA ST ADJ ON N (0.91 AC) (DB 1-433: 16-3I8) Current Values Just/Market Value: S191,200 Assessed Value: $191,200 Exemptions: $191,200 Taxable Value: $0 Taxes for this parcel: SLC Tax Collector's Office Download TRIM for this parcel: Download PDF 12 Date Mar 22, 1906 View: Building Type: CLHS Grade: Y D Story Height: 1 Story Bedrooms: 0 Full Baths: 0 Half Baths: 0 A/C %: 100% Total Areas FinishedlUnder Air (SF): 3,675 Gross Area (SF): 4,398 Land Size (acres): 0.91 Land Size (SF): 39,639.6 Sale History Book/Page Sale Deed Grantor Price Code 0001 10433 XX00 DE Cosmopolitan Immigration $0 Building Information (1 of 2) Finished Area: 1,960 SF Gross Total Area: 2,213 SF Exterior Data Roof Cover: Dim Shingle Roof Structure: Gable Year Built: 1961 Frame: Effective Year: 1977 Primary Wall: Cone Block No. Units: 2 Secondary Wall: Interior Data Electric: MAXIMUM Heat Type: Frcdl4otAir Heat Fuel: ELEC Heated %: 100% Primary Int Wall: Avg Hgt/Floor: 0 Primary Floors: Vinyl Tiles Sprinkled %: 0% a http://Www.pasle.org/R.ECard1 I Packet Pg. 166 Property Card Sketch Area Legend Sub Area Description Area Fin. Area Perimeter BAS BASE AREA 1960 1960 196 CN2 CANOPY 253 0 94 Building Information (2 of 2) Finished Area: 1,715 SF Gross Total Area: 2,185 SF Exterior Data View: Roof Cover: Building Type: HD- Year Built: 1925 Grade: D- Effective Year: 1925 Story Height: 2 Story No. Units: 1 Interior Data Bedrooms: 0 Electric: MAXIMUM Full Baths: 0 Heat Type: Half Baths: 0 Heat Fuel: A/C %: 0% Heated %: % Roof Structure: Gable Frame: Primary Wall: Pine BdlBtn Secondary Wall: Primary Int Wall: Avg Hgt/Floor: 0 Primary Floors: Double Pine Sprinkled %: 0% 15 a 15 15 OPAL (Sal c LPL ]5 (ae0) BAS 5 I (100) la ere (05) 95 AA5 (]5a) Sketch Area Legend Sub Description Area Fin. Area Area 2S ONE FULL STORY OVER BASE (TOTAL 2 700 700 FLOORS) BAS BASE AREA 1015 1015 CLPL Closed Porch Low 380 0 OPAL Open Porch Attached Low 90 0 Perimeter 106 212 96 42 8.C.10.a a http://www.paslc.org,/RECard/ Packet Pg. 167 Property Card 8.C.10.a Type Qty Units Year Blt Current Values Breakdown Building: $42,600 Land: $148,600 Just/Market: $191,200 Ag Credit: $0 Save Our Homes or $0 10% Cap: Assessed: $191,200 Exemption(s): $191,200 Taxable: $0 Current Year Values Current Year Exemption Value Breakdown Tax Grant Code Description Amount Year Year 2017 3900 Non- $191,200 Profit/Charitable Organizations Current Year Special Assessment Breakdown Start Year AssessCode Units Description Amount 2013 0054 0.91 North St. Lucie Water Management $25.00 District This does not necessarily represent the total Special Assessements that could be charged against this property. The total amount charged for special assessments is reflected on the most current tax statement and information is available with the SLC Tax Collector's Office ©. Historical Values Year JustJMarket Assessed Exemptions Taxable 2017 $191,200 $191,200 $191,200 $0 2016 $191,800 $191,800 $191,800 $0 2015 $192,400 $192,400 $192,400 $0 Permits Number Issue Date Description Amount Fee C07050217 Jun 1, 2007 Foundation $10,000 $0 C1002-0099 Mar 2, 2010 Alterations/Remodeling $0 $0 C 1507-0288 Jul 20, 2015 Air Conditioning $0 $0 Only Notice: This does not necessarily represent all the permits for this property. Click the following link to check for additional permit data in Saint Lucie County This information is believed to be correct at this time but it is subject to change and is not warranted. © Copyright 2017 Saint Lucie County Property Appraiser. All rights reserved. http://www.pasle.org/RECard/ I Packet Pg. 168 r*:A � .a' `. _�� / '��- 0 .. CD CD � � � Packet Pg. 17D 8.C.10.b I M A 3 co 0 0 r N O r a r - CD V r c E t Packet Pg. 171 L N 4F Y M Cu t N O �, LL 3 �_a O C N O y O t ' O Co N Q Packet Pg. 172 Page 1 0� 8.C.10.b Sr, 00010-'-- ftp://ftp.stlucieco.gov/1 006%20MIDWAY%20RD/DSCO0392.JPG I Packet Pg. 174 8.C.10.b Co E m I Packet Pg. 176J 8.C.10.c White City Historical Society PO Box 13145 Ft. Pierce, FL 34979 Board of County Commissioners Planning & Development Services Building and Code Regulation Division Attention: Monica Graziani 10/24/2017 Case # 90449 To Whom It May Concern, This letter is being written to inform St Lucie County Planning and Development Services that a unanimous vote was taken by the members present at the meeting on October 12, 2017 of the White City Historical Society to permit the county to demo the Hays/Jorgenson house on the property at 1006 Midway Rd. and sadly accept the fact that a lien will be put on the property for a Period of 20 years. Initially the plan was to restore the house and make it a historical museum for the White City Area but financially it became to much for this small homeowners club to undertake. We appreciate the county's effort to work with us. If you need additional information, please feel free to contact me at 772-464-7587 or 772-370-4123 Respectively, 1�-e Rosalie Hawkins , Executive Board member Packet Pg. 177 8.C.10.c White City Improvement Club PO Box 13145 Ft. Pierce, FL 34979 Board of County Commissioners Planning & Development Services Building and Code Regulation Division Attention: Monica Graziani 10/13/2017 Case # 90449 To Whom It May Concern, This letter is being written to inform St Lucie County Planning and Development Services that a unanimous vote was taken by the members present at the meeting on October 12, 2017 of the White City Improvement Club to permit the county to demo the Hays/Jorgenson house on the property at 1006 Midway Rd. and sadly accept the fact that a lien will be put on the property for a period of 20 years. Initially the plan was to restore the house and make it a historical museum for the White City Area but financially it became to much for this small homeowners club to undertake. We appreciate the county's effort to work with us. If you need additional information, please feel free to contact me at 772-464-7587 0 772-370-4123 Respectively, Rosalie Hawkins , Executive Board member Packet Pg. 178 8.C.11 ITEM NO. RES-2018-25 TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Katherine Barbieri, Asst. County Attorney County Attorney DATE: 02/20/2018 *CONSENT AGENDA\COUNTY ATTORNEY Budget Resolution - Accepting remaining funds from the former Arts & Cultural Alliance in the amount of approximately $47,807.00 On or about October 2009, the Arts and Cultural Alliance of St. Lucie, Inc. "ACA" established itself as a Florida Not -for -Profit corporation. One of the primary objectives of the ACA was to promote the development of St. Lucie County artists, art and cultural organizations and community organizations sponsoring art and cultural activities. St. Lucie County entered into several contracts with the ACA. The agreements included grant agreements for art activity. The agreements provided if the grant cannot be used, the monies shall be returned to the County. At this time, the ACA is proposing to return funds in the amount of approximately $47,807. The ACA would like to close out their bank account and transfer the funds over to St. Lucie County to be designated for cultural purposes. The Agreement(s) also provided that any purchase of artwork with grant funds shall be the property of the County. The County will accept ownership of the artwork. Additionally, the ACA and St. Lucie County entered into a Facilities Use Agreement. At this time, the parties are requesting to terminate that Agreement. Also, the ACA was designated to be St. Lucie County's Local Arts Agency (LAA) organization with State of Florida and as the council in the County's Art in Public Places Code. PREVIOUS ACTION: On September 6, 2013, the County entered into a Facilities Use Agreement with the Arts & Cultural Alliance of St. Lucie, Inc. (C13-09-347). FINANCIAL IMPACT: Reimbursement funds in the amount of approximately $47,807 will be added to revenue account string #665-0000-369930-000 (Reimbursements) Staff recommends Board approval of the budget resolution accepting the remaining funds, accept ownership of the art work, terminate the Facilities Use Agreement, remove ACA as the Council for the Packet Pg. 179 8.C.11 Arts in Public Places Code and as the official Local Arts Agency (LAA) for the County with the Division of Cultural Affairs and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Coordination/Signatures J O-A 15a—niefS. McIntyre, c my ttorney 2/9/2018 je 11, Interim Orficl of and B dget Direct 2/9/201a Updated: 2/12/2018 5:10 PM by Mark Satterlee B Page 2 Packet Pg. 180 8.C.11.a Arts & Cultural Alliance Purchased Sculptures from WOW Beginning Balance $ 74,000 a� SCULPTURE PRICE LOCATION a Blind Date $ 8,000 FP City Hall - Hwy 1 Q L Tarpon $ 1,000 North Bridge (NA I A)06 3 a Which Way Did They Go? $ 12,000 FP Police Station - Hwy 1 a� a� Fire Sentinel $ 20,000 Marina Square a� r a a� Q Lush Serendipity $ 4,000 Moore's Creek Linear Park N 7th St. 2 3 Gator in the Gold $ 4.000 Oxbow Eco Center O Away $ 12,000 Veterans Memorial Park m w TOTAL $ 61,000 LO N Remaining Bal. $ 13,000 °r° 0 N N W U r c a� E t v R r a Packet Pg. 181 RESOLUTION 8.C.11.b 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 Arts & Cultural Alliance (ACA), in the amount of $47,807. 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 20th day of February, 2018 pursuant to Section 129.06 (d), Florida Statutes that such funds are hereby appropriated for the fiscal year 2017-2018, and the County's budget is hereby amended as follows: REVENUE 665-0000-369930-000 Reimbursements $47,807 APPROPRIATIONS 665-9910-599300-800 Reserves $47,807 After motion and second the vote on this resolution was as follows: Commissioner Frannie Hutchinson, Chair XXX Commissioner Linda Bartz, Vice Chair XXX Commissioner Chris Dzadovsky XXX Commissioner Cathy Townsend XXX PASSED AND DULY ADOPTED THIS 20TH DAY OF FEBRUARY 2018. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Packet Pg. 182 8.H.1 ITEM NO. (ID # 4995) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Ceretha Leon, Human Resources Director Human Resources & Risk Division DATE 02/20/2018 *CONSENT AGENDA\HUMAN RESOURCES Regernative Medical Group (RMG) Wellness Contract In order to combat the increasing Health care costs the County has initiated a Wellness program for all employees and their families. This program has been successful over the past 3 years helping to reduce health claims cost. Attached is a copy of a proposed Agreement with Regenerative Medical Group ("RMG"). The Agreement term is for one (1) year beginning on March 1, 2018. The proposed administrative fee is $5.00 per employee/retirees per month. Additional fees are set out in Exhibit "A" of the Agreement. RMG in collaboration with CareHere, is the next phase in improving the wellness program in order to increase the savings in health claim costs. The County has conducted research and found that RMG is the only company providing this service in St. Lucie County. PREVIOUS ACTION: In 2014 the County initiated a Wellness program for all employees and families. FINANCIAL IMPACT: There is sufficient funds available from the savings generated from the 2017 Health fund. Funding is available in Health Insurance Fund Reserves (505-9910-599300-800). RECOMMENDATION: Staff recommends Board approval of the RMG Wellness Agreement and authorize the Chair to sign the agreement. COMMISSION ACTION: Packet Pg. 183 8.H.1 Coordination/Signatures Aorgedr man R rces & Ris ager 2/8/2018 0A C) anie . McIntyre, C my ttorney 2/8/2018 Jenni Hi �, Interim ffic of and B dget Direct 2 8/2m9 A) Ho and Tipton, Count Administrato 2/8/2018 Updated: 2/12/20184:59 PM by Katrina Slay Page 2 Packet Pg. 184 8.H.1.a REGENERATIVE MEDICAL GROUP FLORIDA COUNTY CONTRACT $ OFFICE VISITS/CONSULTS INCLUDING GENERAL MEDICINE CONSULT $ 180.00 OV1 $ 65.00 OV2 $ 75.00 OV3 $ 90.00 OV4 $ 115.00 IV THERAPY 41 PROTOCOLS - CONDITION SPECIFIC $65.00-$150.00 PLATELET RICH PLASMA INJECITONS INITIAL JOINT WITH IV $ 650.00 EACH ADDITIONAL JOINT $ 350.00 PEPTIDE THERAPY ALL PEPTIDES IV SUB Q $ 90.00 MEDICATION MANAGEMENT THERAPY $ 65.00 MTM $ 95.00 OSTEOPATHIC/CHIROPRACTIC MANIPULATION 1-2 REGIONS INCLUDESTHERAPY $ 45.00 3-41REGIONS INCLUDESTHERAPY $ 60.00 5+ REGIONS INCLUDES THERAPY $ 75.00 EXTREMITY MANIPULATION $ 30.00 REALITY REHAB PER SEESION EA 15MIN BRAIN MAPPING QEEG $ 350.00 BRAIN TRAINING PER 10 SESSIONS $ 1,550.00 MASSAGE/SOFT TISSUE MANIPULATION 50 MINUTES $ 90.00 DIAGNOSTIC STUDIES SPIROMETRY $ 35.00 CARDIOSCAN $ 65.00 INJECTION GUIDED ULTRASOUND ADDITIONAL $ 80.00 TELEHEALTH CONSULT - EA 15 MIN Q Packet Pg. 185 8.H.1.a NURSE OV RN WELLNESS PLAN AFTER QUALIFYING EVALUATION/DIAGNOSTICIS BOTH REQUIRE MIN OF 0 MONTHHY MEMBERS MONTHLY $ 299.00 INCLUDES 4 MANIPULATION VISITS, 1 WELLNESS IV, ALL ADJUNCTIVE THERAPIES WELLNESS PLAN ABOVE WITH ADDED 50 MIN MASSAGE/SOFT TISSUE MANIF $ 375.00 MONTHLY VARIOUS INJECTIONS FLAT FEE $30.00 NUTRITIONAL CONSULT $ 65.00 FOLLOW UP/AFDDITIOINAL $ 45.00 ADDENDUM TO MENU MAY BE NEEDED BASED ON MEMBER NEEDS WILL DISCUSS WITH COUNTY BEFORE SUBMITTING Packet Pg. 186 8.H.1.b Regenerative Medical Group St. Lucie County Board of County Commissioners Agreement (St. Lucie County Wellness Program) This Agreement is made and entered into this day of and between St. Lucie County Board of County Commissioners Regenerative Wellness Group (hereinafter known as "RMG"). Recitals: 20_, by ("Employer"), and A. RMG contracts with employers to provide wellness services to the employees of such employers and/or their dependents. B. The Employer desires to contract with RMG and RMG desires to contract with the Employer for RMG to provide certain wellness services to the employees of the Employer and/or their dependents on the terms and subject to the conditions contained herein. NOW, THEREFORE, for good and valuable consideration, the receipt and the sufficiency of which are hereby acknowledged, the Employer and RMG hereby agree as follows: ARTICLE I PROVISION OF WELLNESS SERVICES 1.01 Provision of Wellness Professional. RMG shall furnish a Wellness Professional, and/or nurses and/or wellness assistants ("Wellness Assistant") to provide the Wellness Services (as defined herein) to the employees of the Employer and/or the dependents thereof. RMG is not committing to furnish a particular person as the Wellness Professional/Wellness Assistant and, at any time and from time to time, RMG may change the Wellness Professional/Wellness Assistant. Wellness Services as used herein, the term "Wellness Services" means, with respect to the Employer, the wellness services with respect to which RMG has agreed to furnish pursuant to this Agreement. The Wellness Services with respect to which RMG has agreed to furnish are listed on Exhibit A. The Employer and RMG may, at any time and from time to time, amend or supplement Exhibit A by written agreement. 1.02 Standards of Wellness Professional Performance. RMG shall contract with the Wellness Professional such that the Wellness Professional is obligated to perform or deliver the following: (a) The Wellness Professional shall determine his or her own means and methods of providing Wellness Services in connection with this Agreement. Packet Pg. 187 8.H.1.b (b) The Wellness Professional shall comply with all applicable laws and regulations, and shall ensure that the Wellness Assistant does the same with respect to the licensing and regulation of nurses. (c) The Wellness Professional and Wellness Assistant shall provide the Wellness Services in a manner consistent with all applicable laws and regulations and in a professional manner consistent with Wellness Services provided in the community. (d) The Wellness Professional shall maintain, during the term of this Agreement, Appropriate Credentials including: (1) A duly issued and active license to practice wellness services in the State of Florida, (2) A good standing with his or her profession and state professional association, (3) The absence of any license restriction, revocation, or suspension, (4) The absence of any conviction of a felony. (e) In the event that any Wellness Professional (1) has his or her license to practice (2) is convicted of a felony, or (3) is no longer in good standing with his or her professional or state licensing authority, RMG shall promptly remove that Wellness Professional and replace such Wellness Professional with another Wellness Professional that meets the requirements of Section 1.02 (d). RMG shall require any Wellness Professional to remove and promptly replace any Wellness Assistant or other Health Professional (as defined in Section 1.06) who has his or her professional license restricted, revoked or suspended, is convicted of a felony, or is no longer in good standing with his or her professional or state licensing authority. (f) RMG shall require the Wellness Professional to ensure that any Wellness Assistant or other Health Professional complies with the requirements of this Section 1.02 with respect to performance, licensing, certification, and good standing, as applicable. RMG shall require the Wellness Professional to notify RMG immediately in the event the Wellness Professional learns of the possibility that any of the events specified in Section 1.03(e) may occur with respect to the Wellness Professional, any Wellness Assistant or any other Health Professional, and RMG shall immediately notify the Employer of such notification. 1.03 Scheduling of Services. RMG shall contract with the Wellness Professional/Wellness Assistant for the Wellness Professional to provide the Wellness Services at a location(s) and schedule agreeable with Employer. Packet Pg. 188 8.H.1.b 1.04 Professional Liability Insurance. RMG shall ensure that the Wellness Professional maintains, throughout the term of this Agreement, professional liability insurance covering the acts and omissions of the Wellness Professional, in the minimum annual coverage of $1,000,000.00 with an insurance company reasonably satisfactory to RMG. For policies written on a claims made basis, RMG and only independent contractors should maintain a retroactive date prior to or equal to the effective date of the Agreement. In the event the policy is cancelled, non -renewed, switched to an occurrence form or there is a charge in the retroactive date, RMG and any independent contractor should purchase an extended reporting period rider during the life of the Agreement. RMG shall provide Employer proof of such professional liability insurance maintained by the Wellness Professional. 1.05 Responsibilities of Parties. The Employer and RMG are independent contractors. The Wellness Professional shall be solely responsible for his or her actions and /or omissions and the actions and/or the omissions of any agent or any employee used by him or her (including without limitation any Wellness Assistant or other Health Professional) in connection with providing the Medical Services contemplated by this Agreement. The Employer shall not have any control or involvement in the independent exercise of judgment by the Wellness Professional and/or any Wellness Assistant or other Health Professional, and the Employer shall not incur any liability for the actions or the omissions of the Wellness Professional and/or any agent or any employee used by the Wellness Professional (including without limitation any Wellness Assistant or other Health Professional) in connection with this Agreement. RMG agrees to indemnify and hold harmless Employer from and against any cost, damage, expense, loss, liability or obligation of any kind, including, without limitation, reasonable attorney's fees, which Employer may incur in connection with RMG's furnishing of Wellness Professionals, Wellness Assistants or other Health Professionals, or with the wellness services provided by them, under this Agreement. However, such indemnification by RMG shall not be construed to mean malpractice insurance in any manner. RMG shall provide general liability coverage, automobile liability coverage in the amount of $1,000,000.00/$2,000,000.00 for all employees and independent contractors. RMG shall also provide workers compensation insurance for employees and independent contractors in accordance with Florida law. Waivers of subrogation shall be include. 1.06 Other Licensed Health Professionals. The Employer agrees and acknowledges that Wellness Professional may from time to time have other Health Professionals, as defined within the next sentence, assist the Wellness Professional and/or replace the Wellness Professional during his or her regularly scheduled time at the Employer's place of business in the event of an emergency or at the Wellness Professional's office (provided, however, that RMG will require the Wellness Professional to ensure that the services provided by replacement individuals do not exceed the scope of their professional training and licensure). "Health Professional" shall mean a duly licensed nurse, Wellness doctor, nurse practitioner and licensed physician's assistant. Section 1.05 shall apply in the same manner to the Health Professional as such section applies to the Wellness Professional. RMG shall also ensure, or require the Packet Pg. 189 8.H.1.b Wellness Professional to ensure, that all Health Professionals who provide services hereunder have insurance coverage consistent with the requirements of Section 1.04. 1.07 Medical Records. RMG shall maintain medical records with respect to all of the patients, all of which medical records shall be maintained in a professional manner consistent with the accepted practice of the community in which the Wellness Professional provides the Wellness Services in connection with this Agreement. RMG shall also require the Wellness Professional comply with the HIPAA and state privacy standards. All patient records maintained in connection with this Agreement shall be the sole property of RMG. In the event medical records require transfer of ownership (e.g., termination, transfer, assignment of Agreement), RMG shall represent the designated records owner. The Employer understands and agrees that all of the medical records and other protected health information maintained will be held by RMG in accordance with state and federal law, and that the Employer will not be entitled to have access to the medical records maintained by RMG, in the absence of an appropriate written authorization from the patient/employee. To ensure compliance with the above, RMG shall develop and implement policies, standards, and procedures to protect the confidentiality and security of the medical records, and ensure that Wellness Assistants and other employees are trained in these policies, standards, and procedures. 1.08 Reports. RMG shall provide to Employer, no later than the last day of the month immediately following the end of each quarter of the calendar year, a written report with respect to the provision by the Wellness Professional of the Wellness Services during the immediately preceding quarter. The written report shall be in a form reasonably satisfactory to Employer and RMG and it is contemplated that the written report shall detail (a) the number of employees and dependents treated by the Wellness Professional during such immediately preceding quarter, (b) the number of employees for whom work -related treatments were provided, (c) the number of employees for whom primary care services were provided, and (d) the frequency and types of drugs dispensed. Upon request, RMG shall make supporting documentation of the above available. Employer may also request the above information on a monthly basis as well as request certain other information (e.g., worker's compensation claims, drug testing information, and pre -employment data). Other reports will be provided on a weekly and monthly basis that will report visit utilization and other relevant items. Some reports will also be made available online that can be run on demand. 1.09 Noncompliance by the Wellness Professional. In the event that the Employer becomes aware of any failure by the Wellness Professional to comply with the obligations of the Wellness Professional which are contemplated by this Agreement, the Employer shall immediately provide written notice to RMG of such failure, which written notice shall describe the failure in reasonable detail, and RMG shall use its best Packet Pg. 190 8.H.1.b efforts to address such failure. In the alternative, RMG may arrange for the substitution of another person as the Wellness Professional. ARTICLE II COMPENSATION 2.01 Administrative Fee. No later than the loth day of each calendar month immediately following the receipt of the RMG invoice, the Employer shall pay to RMG the amount of $5.00 per employee/retirees (covered by the group health plan) per month. 2.02 Additional Fees. On the first day of each month, RMG shall submit an amount based on the member's utilization and charges for treatment as set forth in Exhibit "A". The Employer shall be responsible to pay RMG such amount invoiced no later than the 15th day of the calendar month immediately following the receipt of the RMG invoice. Upon request, RMG shall make supporting documentation for expenditures available. Such documentation shall be in sufficient detail for preaudit and postaudit purposes. ARTICLE III TERM AND TERMINATION 3.01 Term. This Agreement shall be for a term of one (1) year commencing on January 1, 2018, subject to earlier termination in accordance with this Agreement. Unless either the Employer or RMG gives written notice of nonrenewal to the other party at least ninety (90) calendar days prior to the end of the initial term or of any renewal term, this Agreement shall be automatically renewed for additional periods of one (1) year each. 3.02 Termination With or Without Cause. This Agreement may be terminated by either the Employer or RMG, with or without cause, by providing the other party at least thirty (30) calendar days' prior written notice. 3.03 Effect of Expiration or Termination. The expiration or the termination of this Agreement shall not affect the obligation of the Employer to pay compensation to RMG or pay for any outstanding invoice for the period prior to such expiration or termination and shall not affect the obligation of RMG to provide monthly reports for the period prior to the effective date of such expiration or such termination. ARTICLE IV MISCELLANEOUS 4.01 Notice. All notices and other communications permitted or required pursuant to this Agreement shall be in writing, addressed to the party at the address set Packet Pg. 191 8.H.1.b forth at the end of this Agreement or to such other address as the party may designate from time to time in accordance with this Section 4.01. All notices and other communications shall be (a) mailed by certified or registered mail, return receipt requested, postage pre -paid, (b) personally delivered or (c) sent by telecopy with a receipt confirmation. Notices mailed pursuant to this Section 4.01 shall be deemed given as of three days after the date of mailing and notices personally delivered or sent by telecopy shall be deemed given at time of receipt. 4.02 Transferability. Neither the Employer nor RMG may assign or otherwise transfer this Agreement to a third parry without the prior written consent of the other party, which may be given or withheld by the other party in its sole discretion. 4.03 Entire Agreement; Amendment. This Agreement constitutes the entire agreement between the Employer and RMG with respect to the subject matter hereof and supersedes all prior agreements. This Agreement shall not be amended or waived, in whole or in part, except in writing signed by both of the Employer and RMG. 4.04 Governing Law. This Agreement shall be governed by, and interpreted in accordance with, the internal laws of the State of Florida, without giving effect to its conflict of laws provisions. 4.05 Access to Books and Records. Both RMG and the Employer agree to provide access to their books and records, as they relate to this Agreement, to the other party. 4.06 Successors. This Agreement is binding upon the parties, their successors and assigns. Sixty (60) days notice of any change in ownership, management, etc. shall be given the other party by the party experiencing the change. In such event, this Agreement shall be assumed upon a change of ownership, change of control, change in management, reorganization, etc. of, or at, Employer. 4.07 Severability. If any provision of this Agreement is determined to be void, illegal, unenforceable or invalid, the enforceability of any other provision is unaffected. Packet Pg. 192 8.H.1.b IN WITNESS WHEREOF, the Employer and RMG have executed and delivered this Agreement as of the date first above written. St. Lucie County Regenerative Medical Group By: By: _ Name: Name: Title: Title: Address: Address: ATTEST: Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS: County Attorney a Packet Pg. 193 8.H.2 ITEM NO. (ID # 5029) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: DATE: 02/20/2018 George Landry, Human Resources & Risk Manager Human Resources & Risk Division Employee Health & Wellness Center Port St. Lucie *CONSENT AGENDA\HUMAN RESOURCES In January 2018, the County leased space in PSL to open the second Employee Health & Wellness Center for Employees and their families. Below are a list of costs for equipment and build out: Medical Supplies for the center Computers and I.T. equipment X-Ray Machine* $38,000.00 (see attached quote) $39,000.00 (see attached quote) $64,000.00 (see attached quote) There are additional cost estimates for flooring, paint, office furniture and decor not to exceed $57,000.00 for all of these items. The total for all these requests are is approximately $198,000.00, and this may be reduced as work is performed. There is sufficient funds available from the savings generated from the 2017 Health fund. *The X-ray machine is from the same vendor the currently services the one at the Fort Pierce location and using the same vendor will allow for one maintenance contract for both machines, also this will allow both Health Center locations to view the X-rays from either location. PREVIOUS ACTION: In October 2017, the Board approved opening a second Employee Health & Wellness Center. In 2012, the first Employee Health & Wellness Center opened in Fort Pierce. FINANCIAL IMPACT: There is sufficient funds available from the savings generated from the 2017 Health fund. There are sufficient funds in health insurance fund reserves (505-9910-599300-800). RECOMMENDATION: Staff recommends Board approval of the equipment purchase and build out for the Employee Health & Wellness Center in PSL, also to allow the X-ray machine be purchased from Browns Medical imaging as a sole source due the current agreement to provide service at the Fort Pierce Location. Packet Pg. 194 8.H.2 COMMISSION ACTION: Coordination/Signatures urge Landr man R rces & Ris alter 2/8/2018 iaie . McIntyre, C my ttorney 2/8/2018 Ho and Tipton, Count Ad ministrato 2/8/2018 0', Jenn Interim ffic of r and B dget Direct r 2/8/2018 Updated: 2/14/20184:04 PM by Katrina Slay Page 2 Packet Pg. 195 8.H.2.a BMI BROWN'S MEDICAL IMAGING www.brownsmedicalimaging.com Date: 02/01/18 Submitted By: Mike Evans Expires: 04/01 /18 Phone: 904-460-7665 FOB: Delivered Email: mevans@brownsmedicalimaging.com Terms: Net 30 Fax: 402-330-1120 Customer: St, Lucie Employee Health & Wellness Center Attn: George Landry 1680 S.E. Lyngate Drive Port St. Lucie, FL 34952 40kW Pausch Paxis 200 U-Arm System with 17x17 Fixed DR Panel it Pausch Paxis 200 Single Column U Arm Solution Compact with Easy Patient Access Fixed U-Arm Design for cross table lateral exposures 3 Position auto location memory on tube display Bucky Angulation of +/- 30 degrees 120 degree arm rotation Variable Motorized SID from 40-72" Motorized Vertical Travel Motorized U-arm rotation of 120 degrees Tube Mount Positioning control to all movements Color LCD Touch Screen Display Capable of Displaying Generator parameters, current position parameters and position control Dual Speed motorization with "Soft Start" and 'Soft Stop' to limit patient collision Auto Positioning. Using RS-232 communication the Paxis 200 and the DR controller communicate to fully integrate. When the user selects which anatomical program the Paxis 200 will automatically drive to the appropriate position for perfect synchronization. All functions, angulation SID, Floor to Tube Height are seamlessly controlled by the synchronized controller. Remote Control — Can control all the mechanical movements of the Paxis 250 Universal Stand as well as select auto -positions Laser safety switch on the U-arm to prevent collision with patient or table Truespeed tube rotation for any off bucky work 50' HT Cable Set Pausch Detector Cabinet Removable Grid 40-72 Focal, 215 line, 10:1 Ratio Customer Length HT Cable Set Detector Cabinet for Fixed DR Detector Grid 40-72 Focal, 103 line 10:1 Ratio CPI 40 kW CMP 200 Integrated Generator 40kW High Frequency Generator with no measurable ripple across entire performance range 10 to 400 mA BROWN'S MEDICAL IMAGING 800-701-9729 24 1 1 DRT I 1 Packet Pg. 196 8.H.2.a 40 to 150 kVp Timer Range .001 - 6.3 seconds Power — Single phase 208/230 VAC, or 3 Phase 208/230, 400/480 Anatomical Programing with centimeter thickness (APR Mode) 768 possible techniques Techniques Selection: 1. kV with AEC (Optional) 2. kV/mAs (Standard) 3. kV/mA/Time (Standard) 4. kV/cm Thickness (Standard) GenWare ® Utility Software Membrane Console E7242 1 Included Upgraded Toshiba e7242 Tube 200,000 Heat Units 15 Degree Anode 0.6 — 1.5 Target Low Speed — High Speed 0200 0180 1 Included Manual Collimator White LED Laser Focus Measure Tape AltoTm DR 17x17 Fixed DR Panel Bladeview, 1 Included Detection Area: 17x17 inch (43cm x 43cm) Dimensions: W: 18.1 x L: 18.1 x D:.59 in. Scintillator Amorphous Silicon Pixel Array: 3072 x 3072 pixels (7.8 MP) Pixel Pitch/Size: 140 m Resolution: 3.51p/mm Grayscale Depth: 14 bits/16,384 Dynamic range: >15000 LSB Energy range: 40 -150 kV High resolution image display preview: 3 seconds Data output: 1 G Ethernet Alto DR Wireless Detectors Include: Multi -Detector (3) Connection SCU/Power Supply Unit: 24VDC, 0.8A from a dedicated power supply 15m (45ft) Power Cord and Cat.6 Communication LAN Cable. 3 Bays and Batteries, Battery Charger. This SCU/Power Unit can connect up to three Panels. LAN communication (IEEE 802.11 a/b/g/n) feature - dual band (2.4GHz/ 5GHz) supported - high speed acquisition (Preview: 2 seconds, Processed Image: 6.5 Sec.) Alto DR Acquisition and Viewing Software 1TB in a RAID 1 (2 Total Drives) 16GB, Non-ECC, 1333 MHz DDR3, Intel i7 Core Processor, 16x DVD +/- RW SATA Optical Drive, Integrated Intel Graphics 2000 Monitor: 2MP, 23" Touchscreen LCD, Resolution: 1920 x 1080 Ratio: 1000:1 DICOM Send - Multi Destination, DICOM Print DICOM Viewer with Robust Imaging Tool Sets Archive, Image Preview, Magnify, Zoom, Pan, Annotation Edit, Magnify, Zoom, Pan, Advanced Measurement and Specialty Measurement Tools, Window Level, Rotate, Repeat/Reject, UR Marker, Un-sharpMask PACS 1 Included Web -Based Mini PACS Uses controller as a server for in -office PACS Unlimited Licenses Up to 2 concurrent viewers Can Send to outside IP address for reads View complete Patient History with side -by -side images Can recall multiple exams dates for the same patient You can display images in several layouts, can quickly adjust windowing, zoom, as well as use multiple measurement tools Many more advanced functions are available for the evaluation & enhancement Install 1 Included Installation Apps 1 Included Application Days Warranty 1 Included Warrant - 2 Year Parts and Labor on X-ray & 5 Year Parts DR Panel $64,500.00 Total BROWN'S MEDICAL IMAGING 800-701-9729 a) N 0 a) 0 3 Cr ca L x 2 ao c a� E t c,> ca a Packet Pg. 197 8.H.2.b St. Lu 1/21/2018 Ordered by: Lee Anglea 615.957.2693 LAnglea _CareHere.com McKesson Rep: Rick Elam Item Num Vendor Name Catalog Num 1015735 Ge Healthcare Acessories 2063587-001-508515 836329 Zoll Medical Corp 22800810102011010 919004 Mckesson Medical Surgical 785 530706 Midmark Corp 604-001 1012886 Horizon Scientific Inc PH-ABT-HC-UCFS-0504G 586482 Midmark Corp 002-0875-228 485313 McKesson 63-20USUFX-2 881109 Pss World Medical 2063-BLKNAT 571835 Pelstar Llc 50OKL 1040570 Welch Allyn Inc 78900 1053683 Mckesson Pharma 115169549 1059742 Mckesson Pharma 115169449 1020793 Horizon Scientific Inc ABT-HC-UCFS-0220M 895108 Mckesson Medical Surgical 73 471588 Welch Allyn Inc 01690-200 1029929 Mckesson Medical Surgical 81-19100 192554 Welch Allyn Inc 11710 699689 Mckesson Medical Surgical 16-93651 553975 Mckesson Medical Surgical 81-1250-16 462548 American Regent Lab 00517003125 161416 Welch Allyn Inc 22820 162909 Graham Field Health Products 1254 886488 Fisher Scientific 15-081-124 467692 Mckesson Medical Surgical 81-22500BUS393 381233 Welch Allyn Inc 71000-A 497367 Zoll Medical Corp 8900-0810-01 14641 Welch Allyn Inc 25020 467442 McKesson Medical Surgical 81-63530 407335 McKesson Medical Surgical 81-43465 203798 Fisher Scientific 19269421 919562 Mckesson Medical Surgical 789 am N 0 Q J 00 0 N N 0 C O ca U O c N N v 3 J r N m L N L tv U E N 2 a; c N E t U R r Q Packet Pg. 198 8.H.2.b 520551 Mckesson Medical Surgical 16-53212 883392 Mckesson Medical Surgical 4884 883393 Mckesson Medical Surgical 4885 906504 Horizon Scientific Inc ABT-SK-02-FS 876300 Mckesson Medical Surgical 3001 480032 Hygenic Corp 20334 854522 Colonial Bag Corporation CXB36H 941027 Colonial Bag Corporation 3474 419454 Mckesson Medical Surgical 18-156 246423 Mckesson Pharma 00168015408 464098 Mckesson Pharma 00071041813 804906 Tech Med Services Inc 7482 804314 Mckesson Medical Surgical 121-10SG 506302 GebauerCo 00386000803 477563 Mckesson Medical Surgical 18-16650 951316 Mckesson Medical Surgical 5003 976714 Saalfeld Redistribution 51046 520550 Mckesson Medical Surgical 16-53111 860582 Mckesson Medical Surgical 303 382261 Mortan Inc MT2000 794669 Health Care Logistics 12281 906998 Mckesson Medical Surgical S661G 551569 Mckesson Medical Surgical 16-8314 551567 Mckesson Medical Surgical 16-8312 461135 Doctor Easy Medical Prod EW 551568 Mckesson Medical Surgical 16-8313 906999 Mckesson Medical Surgical S662G 907000 Mckesson Medical Surgical S663G 145373 Mckesson Medical Surgical 18-917 804069 Mckesson Medical Surgical 01-720-13TBRGM 541079 Health Care Logistics 1828 487036 Welch Allyn Inc 52432-U 487037 Welch Allyn Inc 52434-U 242518 Welch Allyn Inc 58010 113109 Mckesson Medical Surgical 18-802 803182 Mckesson Medical Surgical 01-700-10SARBGM 120037 Welch Allyn Inc 52400 906757 Mckesson Medical Surgical 18-107 721922 Mckesson Medical Surgical 3655LT 906756 Mckesson Medical Surgical 18-104 514469 Instant Technologies Inc 7875 803186 Mckesson Medical Surgical 01-720-11ABKGM 803187 Mckesson Medical Surgical 01-720-12XBDGM 911820 Mckesson Medical Surgical 531 855128 Mckesson Medical Surgical 2263 336665 Teleflex Medical 1805 152050 Mckesson Medical Surgical 18-860 am N O Q J 00 0 N r N 0 C O U O c N N v 3 J r N d L N 2 N L U N 2 c N E t U R r Q Packet Pg. 199 8.H.2.b 85540 McKesson Medical Surgical 123-4511 867500 Mckesson Medical Surgical 118-42213 949871 Mckesson Medical Surgical 5001 463380 Becton Dickinson 305789 447403 Cardinal Health N8821 285691 3m (healthcare Division) 1860 40421 Mckesson Medical Surgical 18-824 259800 Mckesson Pharma 00187074633 442027 Becton Dickinson 305763 476368 Becton Dickinson 305768 446872 Becton Dickinson 305761 505495 Medical Monofilament Mfg BSENSORY220 457927 Carefusion Solution 2009828-061 911766 Pss World Medical 1643 911768 Pss World Medical 1645 448669 Becton Dickinson 305782 1068692 Mckesson Medical Surgical 140-8 310000 Mckesson Pharma 00009004722 872999 Component Design Northwest TM-7 476657 Mckesson Medical Surgical 63-3062 840311 Mckesson Medical Surgical 16-PBSL28G 854495 Pss World Medical 32628 35943 Graham Field Health Products 1280 226420 Mckesson Pharma 00009347501 854496 Pss World Medical 32629 855129 Mckesson Medical Surgical 2264 226359 Teleflex Medical 1801 462515 Bristol Myers Squibb 029305 788485 Mckesson Medical Surgical 119-8942 953916 Welch Allyn Inc 05031-750 453166 Healthlink Inc 7778 822793 Fisher Scientific 13201966 193986 Mckesson Medical Surgical 22-6303 960298 Mckesson Medical Surgical 06-R3051 P-05 911632 Pss World Medical 100185 453165 Healthlink Inc 7777 911815 Pss World Medical 054 927942 Mckesson Medical Surgical 231 768955 Globe Scientific Inc 602563-1 1007658 Lagasselnc OFX00033PLT 863715 Mckesson Medical Surgical 102-S3C 939584 Mckesson Medical Surgical 41-1925-BXF 484942 Mckesson Medical Surgical 24-202 980221 Mckesson Medical Surgical 16-9153 960304 Mckesson Medical Surgical 06-R5051-1 960301 Mckesson Medical Surgical 06-R5051-2 508716 Mckesson Medical Surgical 24-106 am N O Q J 00 0 N r N 0 C O U O c N N v 3 J r N d L N 2 N L U E N 2 c N E t U R r Q Packet Pg. 200 8.H.2.b 468275 Mckesson Medical Surgical 53-28076-1000 386900 3M Health Care 2360 836407 Mckesson Pharma 02260008552 570560 Mckesson Pharma 00487950125 921613 Mckesson Medical Surgical 14-688 921611 Mckesson Medical Surgical 14-686 921610 Mckesson Medical Surgical 14-684 373768 Mckesson Medical Surgical 16-4292 487479 Mckesson Medical Surgical 43-2-226 455531 Mckesson Medical Surgical 16-47310 51723 Mckesson Medical Surgical 24-808 363744 Mckesson Medical Surgical 01-670BKGM 465774 ADC 952-025 487300 Mckesson Medical Surgical 43-1-010 853534 Healthlink Inc 38504 290720 Mckesson Pharma 39822990001 911846 Pss World Medical 052 854752 Pss World Medical 986 517851 Mckesson Pharma 70592800308 776257 Hospira Worldwide Inc 318202 911818 Pss World Medical 4412 983810 Kimberly Clark Professional & 01084 200133 Busse Hospital Disposables 723 881399 Mckesson Medical Surgical 2262 854866 Pss World Medical 221 768768 Mabis Healthcare Inc 39-803-000 546333 Medique Products 19818 993032 Mckesson Medical Surgical 16-011 333341 Hospira Worldwide Inc 379601 466872 Mckesson Medical Surgical 16-4811 550541 App Pharmaceutical Llc 63323016501 470440 Mckesson Medical Surgical 61-59145 333340 Hospira Worldwide Inc 379501 873438 First Aid Only Inc M-795 747065 Hospira Worldwide Inc 317801 243241 Hospira Worldwide Inc 427701 481650 Mckesson Medical Surgical 63-4414 239976 Hospira Worldwide Inc 488850 566163 Hospira Worldwide Inc 733201 470436 Mckesson Medical Surgical 61-59120 647764 Mckesson Pharma 904555159 855216 Major Pharmaceuticals 00904198500 911728 Pss World Medical 32645 855064 Pss World Medical 065 911794 Pss World Medical 241 911726 Pss World Medical 32643 191089 Mckesson Medical Surgical 58-204 am N O Q J 00 0 N r N 0 c O M U O c N N v 3 J r N d L N 2 N L U N 2 c N E t U R r Q Packet Pg. 201 8.H.2.b 565947 Hospira Worldwide Inc 733801 875734 Mckesson Medical Surgical 1309 875737 Mckesson Medical Surgical 1312 875738 Mckesson Medical Surgical 1313 875739 Mckesson Medical Surgical 1314 239935 Hospira Worldwide Inc 427601 49176 Mckesson Medical Surgical 23-DO022 549530 Hospira Worldwide Inc 733701 482530 Mckesson Medical Surgical 25-460 1016498 West -Ward Pharmaceutical Corp 00641037625 800992 Mckesson Pharma 49348000110 854346 Mckesson Medical Surgical 12146 142779 Mckesson Medical Surgical 23-DO012 865249 Mckesson Medical Surgical 2194 1017063 Hospira Worldwide Inc 23155054741 521483 Mckesson Medical Surgical 59-79C 348520 Mckesson Medical Surgical 25-402 192663 Mckesson Medical Surgical 08-72 930383 Medical Safety Systems 510-51100100 911661 Pss World Medical 2328 960302 Mckesson Medical Surgical 06-RE4051 P-00 468279 Mckesson Medical Surgical 53-1000 Vendor Local Fel 3229903-AZ Uline Local DSI Local DB 1800 - AZ DSI OTG 1221 B-AZ DSI Local Dym DYM 1790415-AZ DSI UNV UNV21200 Local Local Bos BOS92680-AZ Compl. Poster Co. DSI Local Unv UNV43603-AZ rn N O Q J O O N IL O c O c� U 0 c N m U 0 J r m L a� x L U E N x c m E z U 0 r Q Packet Pg. 202 BOOXKMJZY2 Local Low 117906 Ste 28229-AZ Pen PFXK17DOX-AZ DSI 3m MMM37502ST-AZ RCP RCP6375000Y-AZ Evee EVEEN91-AZ Evee EVEE93FP8-AZ CIO CL035300EA-AZ Unv UNV35210-AZ Rol UNV10600 -AZ Fel FEL35250-AZ Dym DYM45013-AZ Evee RAYALAAA24PP -AZ Low 354712 Rcp RCP2963000Y-AZ Dvo DVOCB703469EA -AZ Unv U NV 10421-AZ Trptl p TRPTLP604 Ama TX1003 - AZ Bvcim BVCIM130809-AZ San SAN37001 San SAN30001-AZ Eve EVE522BP2-AZ Smd SMD64055-AZ Cli CL162907-AZ Unv UNV74323-AZ Evee EVEE95BP4-AZ Unv UNV08110-AZ Natural Magic WMN4119DEA - AZ Verbatim VER97088 -AZ DSI Unv UNV12113-AZ Com PAP6330187-AZ Com PAP6310187 -AZ Com PAP6320187-AZ CIO CLO15948EA-AZ Unv UNV08100-AZ Goo Gone WMN2087EA - AZ 3m M M M6549YW-AZ Rcp RCP6C0100-AZ Gsskrt GSSKRT6-AZ Swi SW 154501-AZ CIO CL035417EA-AZ Local w N O a J w O N r N r O c 0 M 0 0 c N aD J r m L a� x U N x c a� E t Q Packet Pg. 203 Unv UNV21873 - AZ Local UNV UNV11160 Local Wal 17004-AZ CGY CGY281 - AZ Wal 1334725-AZ Azo AZ020748-AZ 3m M M MAD 124-AZ Azo AZ034411-AZ Bet BET0922300-AZ UNV UNV11112 Acm ACM 13135-AZ Low 28989-AZ Unv UNV08860-AZ 3m MMM17003ES-AZ 3m M M M 17001 ES -AZ 3m MMM17202ES-AZ 3m M M M 17201 OF -AZ Wal Safety -AZ Unv UNV40305-AZ Local Local Unv UNV20812 Local Local Ste 31770-AZ Unv UNVO0700-AZ Unv UNV72210-AZ Unv UNV15001-AZ Ste 37130-AZ 3m MMM6200341296-AZ Local Unv UNV31304-AZ Unv UNV08109 - AZ Swi SW135108-AZ J U) a L c aD U N m c aD 06 t r a� x a� a� 0 Q. E w w N 0 a J CO 0 N r N r O c 0 m 0 0 c N 2 0 J r m L 2 a� L R U N 2 O C E t V fC r Q Packet Pg. 204 8.H.2.b a) N O Q J co O N N O C O cC u O C N N u 7 J r N d L L U N 2 O C N E t V R r Q Packet Pg. 205 8.H.2.b cie #2, 6 Exam Room +Lab Startup List Caire&ee This tool is for ESTIMATING purposes. Prices subject to change without notice. McKesson Items Item Desc Full UOM QTY Ekg Pkg, Mac 2000 W/o Networking W/12sl/mem/pdf&sd EA 1 Defibrillator, Aed + Ecg Dsply Adlt *prescription* Zolmed EA 1 Spirometer System, W/o Printer EA 1 Table, Exam Base Only Rh Flex Rcpt EA 4 Refrigerator, Pharm Prem Undercounter Glass Dr 5.2cu Ft EA 1 Top, Upholstery Ultra Prem Raven Wing Midmrk EA 4 Chair, Blood Drawing EA 1 Table, Exam H Shf Adj Back 27" Pss732 EA 3 Scale, Physician Dig W/ht Rod 5001b Pelstr EA 3 Illumination System, Vag Spec W/switch Wa EA 4 Epinephrine, Pen Injctr 0.15mg (2/pk) 9amdph PK 1 Epinephrine, Pen Injctr 0.3mg (2/pk) 9amdph PK 1 Freezer, Lab 1.5cu Ft Undrentrmechanical Thermostat EA 1 Cryotherapy Kit, Trtmt 40buds/95ml (1/bx) Mgm140 BX 1 Thermometer, Suretemp Plus W/oral Prob Wa EA 3 Light, Exam LED w/floor stand EA 4 Head, Ophthalmoscope Halogen 3.5v Wa EA 4 Oximeter, Pulse Finger (6/cs) Mgm16 EA 3 Chair, Side W/o Arms Blk Mgm81 EA 6 Cyanocobalamin "b12", VI 1000mcg/ml 1ml (25/ct) Amregt CT 1 Otoscope, Throat IIIum W/aa Battery Hndl Wa EA 3 Book, Ishihara Color Blind Test 14plate Gf EA 1 Thermometer, Lab Usb Refrig/freezer/2bottle Probe Fshsci (data logger) EA 1 Stool, Exam Pneu W/bk Blk EA 7 Handle, Rechargeable Battery Wall Plug In 3.5v Wa EA 4 Electrode, Pedi Padz li F/aed Plus Defibrillator Zolmed PR 1 Head, Otoscope Diagnostic W/spcula 3.5v Wa EA 4 Cart, Utility Plastic all-purpose 1001b cap gry unassembled EA 1 Stand, Mayo Adj Ctr Cstr 19x12.5" Psscmp EA 4 Eye Wash Fountain, Sink Mount Fshsci EA 1 Mouthpiece, Spirette (50/cs) Mgm141 CS 1 Packet Pg. 206 8.H.2.b Bandage, Cohesive N/s Lf Tan 2" (36/cs) Mgm16 CS 1 Wastecan, Step -On Rec Wht 32gt EA 8 Wastecan, Step -On Rec Red 32gt EA 7 Rack Stacking Assembly Freezer On Refrigerator EA 1 Closure, Skin Flex Lf Tan 1/4xY (3/pk 50pk/bx 4bx/cs) BX 1 Theraband, Lf Red (25yd/rl) Hygnic EA 1 Liner, Trash Hvy .6ml Blk 30gl(250/cs) CS 1 Liner 2433 15gl Red 250/cs 1.2mic Colbag CS 1 Gown, Exam 2ply Scrim Blu 2xlg 36x44 (25/cs) Mgm18 CS 1 Hydrocortisone, Crm 1% 1.5gm (48/bx) 9efgra BX 1 Nitrostat, Tab Subl 0.4mg (25/bt 4bt/ct) 9pfiz BT 1 Silver Nitrate, Appl 6" (100/vl 10vl/cs) Tecmed VL 1 Urine Test Strip, 10sg F/121-120analyz (100/vl 12v Mgm121 VL 1 Pain Ease, Spr Med Stream 3.5oz (12/cs) Gebaer EA 1 Underpad, 3ply Tissue Blu 17x24 (50/pk 6pk/cs) Mgm18 CS 1 Test, Kit Strep A Dipstick Waived (25/kt) KT 1 Bag, Grocery Wht 35# 61b (500/cs) CS 1 Bandage, Cohesive N/s Lf Tan 1" (30/cs) Mgm16 CS 1 Test Kit, Occult Bld Coloscrn Vers X-Sensitive (100/bx) BX 1 Lens, Morgan Medi-Flow (12/bx 10bx/cs) Mortan EA 1 Tape, Tamper Seals (100/pk) Hlthlg PK 1 Suture, Nylon Blk 5-0 Ds18/fs2 18" (12/bx) BX 1 Speculum, Vag Illum Disp Lg (25/bx 4bx/cs) Mgm16 BX 1 Speculum, Vag Illum Use Disp Sm (25/bx 4bx/cs) Mgm16 BX 1 Washer, Elephant Ear W/3tips Dreasy EA 1 Speculum, Vag Illum Disp Med (25/bx 4bx/cs) Mgm16 BX 1 Suture, Nylon Blk Rev Cut 4-0 Ds18/fs2 18" (12/bx) BX 1 Suture, Nylon Blk 3-0 Ds24/fs1 18" (12/bx) BX 1 Pillowcase, T/p Wht 21x30 (100/cs) Mgm18 CS 1 Sphyg, Aneroid Dlx Lf Thigh Brn (1/bx) Mgm01 BX 7 Caddy, Carry W/pull-On Drwr Hlthlg EA 1 Specula, Klnspc 2.75mm (34/tu 25tu/bg 10bg/cs) Wa BG 1 Specula, Klnspc 4.25mm (34/tu 25tu/bg 10bg/cs) Wa BG 1 Sheath, Disp (25/bx) Wa BX 1 Paper, Table Crepe Econ Wht 18" x 125" CS 1 Sphyg, Aneroid Pro Lf Rbl Sm Adlt Mgm01 BX 7 Dispenser, Kleenspec Diag Specula F/524 Series (10/cs) EA 7 Cape, Exam Wht F/b Opn 30x21 (100/cs) CS 1 Nebulizer, Pulmoneb Compressor Mgm104 EA 1 Gown, Exam 3ply Wht 30x42 (50/cs) CS 1 Tablet, Instant Bluing F/drug Screen (100/bt) Instch BT 1 Sphyg, Aneroid Dlx Lf Blk Adlt (1/bx) Mgm01 BX 7 Sphyg, Aneroid Dlx Lf Burg Lg Adlt (1/bx) Mgm01 BX 7 Curette, Ear Oval Wht 4mm (50/bx 10bx/cs) Mgm16 BX 1 Cabinet, Sharps Lock Wall 5qt (2/cs) Mgm128 EA 7 Mouthpiece, Peak Flow Disp (100/cs) Telflx CS 1 Towel, Pro 3ply Wht 13x18 (500/cs) Mgm18 CS 1 rn N O LO Q J 00 0 N r N 0 C O U O c N N v 3 J r N d L N 2 N L U N 2 00 c N E t U R r Q Packet Pg. 207 8.H.2.b Lamp, F/08800 vag illum 4.6 v EA 1 Triple Antibiotic, Oint .9gm (144/bx 12bx/cs) Mgm118 BX 1 Test Kit, Preg Hcg Cassette Waived (25/kt) KT 1 Syringe/ndl, Eclipse 1cc 27gx1/2" (50/bx) Bd BX 1 Glove, Exam Nitrl Pf Str Med (50/bx 5bx/cs) Cardnl BX 1 Mask, Respirator N95 (20/bx 6/bx/cs) 3m BX 1 Sheet, Drape 2ply Wht 40x48 (100/cs) Mgm18 CS 1 Insta-Glucose, Gel 40% 31gm (3/bx) 9icnp BX 1 Needle, Hypo Eclipse Safety 22gx1 1/2" (100/bx) Bd BX 1 Needle, Hypo Eclipse Safety 22gx1" (100/bx 12bx/cs Bd BX 1 Needle, Hypo Eclipse Safety 25gx1" (100/bx) Bd BX 1 Monofilament Test, Sensory W/ Hndl F/foot 10gm (20 Medmon PK 1 Paper, Thermal F/ MAC 1200/2000 (16/CS) E9004FL EA 1 Scalpel, Safety Disp #10 (10/bx 50bx/cs) BX 1 Scalpel, Safety Disp #15 (10/bx 50bx/cs) BX 1 Syringe/ndl, Eclipse Safety 3cc 23gx1" (50/bx) Bd BX 1 Tip, Sngl Use Elephant Ear Washer (20/pk) Dreasy PK 1 Solu-Medrol, VI Aov 125mg/2ml 2ml (25/pk) 9pfiz EA 2 Timer, Alarm Lab Digital Cmpdnw EA 1 Chart, Eye Test F/3060 Illum 10' 14"x9" Snellen Lf EA 3 Lancet, Push -Button Sfty 28g Ndl (100/bx 20bx/cs) BX 1 Resuscitator, Disp Lf W/mask (6/cs) Pssrdc EA 1 Basin, Ear Gldnamer Gf EA 2 Depo-Medrol, VI 80mg/ml 1ml 9pfiz EA 4 Resuscitator, Disp W/mask Ped (12/cs) Pssrdc EA 1 Holder, Glove F/sharps Cabinet (2/cs) Mgm128 EA 7 Flowmeter, Pocket Peak Universal (12/cs) Telflx EA 1 Kenalog-40, VI 40mg/ml 1ml Bmsphm EA 4 Lubricating Jelly, Foil Pkt Str 3gm (144/bx 6bx/cs Mgm119 BX 1 Cover, Probe Oral Suretemp Disp (250/bx 30bx/cs) Wa BX 4 Dispenser F/bag-In-Box Aloe Gel 800ml (12/cs) Bicinf EA 8 Thermometer, Refrigerator/freezer Durac Fshsci (non- mercury) EA 2 Light, Diagnostic Cobalt Pen (3/pk) Mgm22 PK 1 Strips, Bld Gluc Truemetrix Pro Multi Pt (50/bx 24bx/cs) BX 1 Tape, Cloth W/silk 1"x10yds (12rl/bx 12bx/cs) BX 1 Sanitizer, Aloe Gel 800ml Bag -In -Box (12/cs) Bicinf EA 8 Bandage, Elas Dlx Hk/lp 4"x5yds (10rl/bx 5bx/cs) BX 1 Cautery, Hi -Temp Fine (10/bx) EA 4 Cylinder, Graduated Poly Glsc EA 1 Water, Distilled 1gl (3/cs) CS 1 Syringe, LI 3cc (100/bx 24bx/cs) Mgm124 BX 1 Pillow, Rusbl Mcrvnt Xfull Blu19x25" (12/cs) Mgm41 EA 7 Blade, Tongue Sr 6" N/s Lf (500/bx 10bx/cs) Mgm16 BX 1 Cotton Ball, Med N/s (2000/bg 2bg/cs) BG 1 Control, Bld Gluc Level 1 Truemetrix (1/bx 24/bx) EA 1 Control, Bld Gluc Level 2 Truemetrix (1/bx 24bx/cs) EA 1 Applicator, Cotton Tip N/s 6" (100/bg 10bg/bx 10bx Mgm16 BX 1 am N O Q J 00 0 N r N 0 C O M U O c N N v 3 J r N d L N 2 N L U N 2 00 c N E t U R r Q Packet Pg. 208 8.H.2.b Soap, Antimicro Hand Disc 1000ml (10/cs) Mgm53 EA 7 Electrode, Resting (100/BG 40 BG/CS) BG 1 Wash, Simply Saline Wound 210ml 9churc EA 2 Albuterol Sulfate, Sol Inh .083mg/ml 3ml (25/bx) 9nephr BX 1 Glove, Exam Nitrl Pf Text Lg (100/bx 10bx/cs) BX 3 Glove, Exam Nitrl Pf Text Med (100/bx 10bx/cs) Mgm14 BX 5 Glove, Exam Nitrl Pf Text Sm (100/bx 10bx/cs) BX 3 Dressing, N/adher Str 2x3 Lf (100/bx) Mgm16 BX 2 Scissor, Lister Bandage Og 4 1/2" Mgm43 EA 7 Tape, Adhsv Paper Lf 1"x10yds (12rl/bx 12/cs) Mgm16 BX 3 Swab, Ob/gyn 8" (50/bx) Mgm16 BX 1 Stethoscope, Dual Head Blk Mgm01 EA 7 Basket, Cuff Wall Mount EA 7 Hammer, Taylor Percussion Sg Std Mgm43 EA 7 Disinfectant, Clorox Fresh Sent Spray 19oz (12/cs) EA 3 Ammonia, Amp .33ml Inh (10/pk)9pharm PK 2 Bandage, Elas Dlx Hk/lp Lf 2"x5yds (10rl/bx 5bx/cs BX 2 Swabstick, Pvp Str (1/pk 50pk/bx 10bx/cs) Pssrdc BX 2 Bottle Kit, Sinus Rinse 00308 9neilm KT 2 Lidocaine Hcl +epi, Ftv 2% 30ml (25/pk) Hospra EA 3 Sponge, Gze Ns 12ply 4x4" (200/bx 10bx/cs) BX 2 Pad, Sani Maxi Kotex (24/bg 8bg/cs) BG 1 Suture Removl Tray,ad Fcp S/s Scis (50/cs) Busse EA 4 Container, Sharps Coll Horiz Red 5qt (10/bx 2bx/cs Mgm128 EA 7 Laceration Tray, W/instr (20/cs) Pss03 EA 4 Jar, Sundry W/clr Lid Mabis EA 21 Eye Wash Mediwash, Sol 4oz Medpro EA 2 Bandage, Cnfrm Strch 2" N/s Lf(12rl/bg 8bg/cs) Mgm16 BG 1 Ketorolac Tromethamine, Ftv 30mg/ml 2ml (25/pk) Hospra EA 4 Bandage, Adhsv Fabr Strp 1x3 (100/bx 24bx/cs) Mgm16 BX 2 Dexamethasone, Sdv 4mg/ml 1 ml (25/ct) Appphm EA 4 Packing Strip, Iodfrm 5% 1/4"x5yds Str Mgm61 BT 2 Ketorolac Tromethamine, Sdv 30mg/ml 1 ml (25/pk) Hospra EA 4 Cup, Eye Wash (6/bx) BX 1 Lidocaine Hcl +epi, Ftv 1 % 20ml (25/bx) Hospra EA 4 Lidocaine Hcl, Mdv 2% 20ml (25/pk 4pk/cs) Hospra EA 4 Tape, Measure Retr Linen 72" Lf (6/bx) Mgm63 EA 3 Sodium Chloride, Ftv Pf 0.9% 50ml (25/pk) Hospra EA 2 Ceftriaxone, Sdv 1gm/15ml (10/bx) Hospra EA 4 Packing Strip, Plain 1/4"x5yds Str Lf (12 Mgm61 BT 2 Banophen Diphenhydramine, Tab 25MG (100/bt) BT 1 Acetaminophen, Liq 160mg/5ml Cherry Chld 4oz Mjphrm EA 1 Nebulizer, Ped Mask Lf Ttu (50/cs) EA 2 Container, Sharps Red 1qt (80/cs) EA 1 Staple Remover Tray, Skin W/prep (50/cs) EA 4 Nebulizer, Lf Adlt Mask Ttu (50/cs) EA 2 Pad, Alcohol Prep Str Med (200/bx) Mgm16 BX 3 am N O Q J 00 0 N r N 0 C O M U O c N N v 3 J r N d L N 2 N L U N 2 CO c N E t U R r Q Packet Pg. 209 8.H.2.b Ceftriaxone, Sdv 500mg/15ml 15ml (10/bx) Hospra EA 4 Punch, Biopsy Disp Str 2mm (25/bx) Mgm123 EA 2 Punch, Biopsy Disp Str 3.5mm (25/bx) Mgm123 EA 2 Punch, Biopsy Disp Str 4mm (25/bx) Mgm123 EA 2 Punch, Biopsy Disp Str 5mm (25/bx) Mgm123 EA 2 Lidocaine Hcl, Mdv 1 % 20ml (25/pk) Hospra EA 4 Alcohol, Isopropyl 70% 16oz (12/cs) Mgm23 PT 3 Ceftriaxone, Sdv 250mg (10/bx) Hospra EA 4 Strainer, Calculi Lf (25/bg 4bg/cs) Mgm03 EA 2 Diphenhydramine, VI 50mg/ml 1ml (25/bx) EA 2 Aspirin, Tab Sm 325mg (100/bt) Mgm99 BT 1 Cup, Med Grad 1 oz (100/bx 50bx/cs) Mgm16 BX 1 Hydrogen Peroxide, 3% 16oz (12/cs) Mgm23 EA 3 Collection Set, Bld W/sfty Shld Str 23gx3/4 (50/bx 10bx/cs) EA 24 Ondansetron, Sdv 2mg/ml 2ml (25/bx) Hospra EA 2 Compress, Inst Cold Dlx 6.75"x9" Lf (24/cs) Mgm16 EA 2 Syringe, Ear Bulb Str 2oz (50/cs) Mgm16 EA 2 Tissue, Facial 7 1/2"x8" (72/cs) Mgm08 BX 7 Label, Biohzd 4x4 (100/pk) Mdsafs EA 24 Basin, Emesis Turq 10" (250/cs) EA 4 Meter Kit, Bld Gluc Truemetrixpro Multi Pt(1/bx 6bx/cs) EA 1 Dispenser, 1000ml (12/cs) Mgm53 EA 7 Misc. Vendors Item Description U/M Quantity Refrigerator with separate freezer door EA 1 shredder SB99CI EA 1 Cardboard bins for meds EA 1 Computer desks- needed if not built in EA 2 Pharmacy prescription pads pads 1 desk chairs EA 2 Door Chime -Long Rnge ENTRANCE ALERT KIT-1000 FT Rng MODEL LRA-C1000 EA 1 Business cards 500/ box box 1 Chairs for the waiting room EA 0 Pill Splitters, 25 per pack PK 1 Shelves, mobile EA 2 LabelManager 160P, 2 Lines, EA 1 Pharmacy Labels, 1,000 / box box 1 copy paper, letter 5000 count case 1 Key lock box for exterior of building (combination) EA 1 radio EA 1 General Repair Tool Kit EA 1 Federally Required Compliance poster + shipping EA 1 Health Center Address Stamp EA 1 frame, hanging letter/legal EA 1 Cork Board with Oak Style Frame, 36x 24 UNV43603 EA 7 am N O Q J O O N N O c O M U O c N m U J r m L a� x L U N x CO c m E z U 2 r Q Packet Pg. 210 8.H.2.b HITO Silent Non -ticking Wall Clock -Metal Frame Glass Cover, 10 in. w/Thermometer EA 1 Self- Wringing Ratchet Twist Mop EA 1 Stack on 18 drawers EA 1 4 drawer mobile storage EA 1 file, exp, 31 pocket EA 1 Employee name tags EA 2 packaging tape dispenser with two rolls of tape EA 1 Angled large broom, POLY bristles, 46 7/8 inch metal handle, yellow/grey EA 1 Industrial Alkaline Batteries,AA 24 pk 1 MAX Alkaline Batteries, C, pk 1 Cleaner/Degreaser, 1 gal. EA 1 business enevlopes 500 box 1 file, covered rolodex EA 1 lubricant, shredder EA 1 D1 Standard Tape Cartridge for Dymo Label Makers EA 2 MAX Alkaline Batteries, AAA, pk 1 Plastic tool box 16" lockable EA 1 10-Quart Plastic Utility Pail EA 1 Antibacterial Multi -Surface Cleaner, Antibacterial EA 1 Cubicle Clock, 6in, Black (no Thermometer) EA 10 surge protectors strip EA 10 room thermometer ( Timex Tube) EA 1 Super Strong Magnets, Silver, 10 pk pk 1 Permanent Marker (Sharpie) Extra Fine (was SAN35001) BX 1 sharpies, fine point SAN30001 box 1 MAX Alkaline Batteries, 9V, pk 1 hanging file folders 1/5 cut; 25 box 4 Top- Load No- Hole Polypropylene Sheet Protector, clear 25/box heavy weight EA 1 punch, three hole EA 1 MAX Alkaline Batteries, D, 4 pk 1 Deluxe Message Center, Desk organizer EA 10 Odor Absorbing Gel, Scentillating Citrus, 14 oz Jar EA 5 Classic USB 2.0 Flash Drive, 8GB, Blue EA 1 Appointment cards, 500/ box box 1 file folders, 1/3 cut box 2 pens, black dozen 1 pens, blue dozen 1 pens, red dozen 1 Disinfecting Wipes, 75 Wipes, Lemon scetn pk 2 Recycled Desk Tray, Side Load, 9 x 13 3/ 16 x 5, EA 2 Original Cleaner, Citrus Scent 8oz bottle EA 1 note, stick it 3x3 dozen 1 Duster Brush w/Plastic dustpan EA 1 paper towels, 3 rolls EA 1 stapler EA 10 Clean -Up Cleaner w/Bleach, 32 oz EA 1 small trash can for pharmacy/lobby EA 2 am N O LO J Go 0 N N 0 c 0 U 0 c N m U 0 J r m L a� x L U N x co c m E z U 0 r Q Packet Pg. 211 8.H.2.b Economical Insertable Index, Clear Tabs, 8-Tab, Letter, Buff, 6 sets/pack pk 1 pinesol EA 1 Medium/Small Binder Clips 5/8", 3/8", Capacity, 1 1/14" & 3/4" wide 60/pack PK 1 Light Bulb, 60 Watts pk 1 Command utility hooks 1/set EA 1 case of water for patients EA 1 picture hanging hardware accessories/anchors for sharp/glove box installation EA 2 3 ring binder large 3 in AZO20748 EA 4 Super Glue Liquid EA 1 3 ring binder small 2 in. AZO34411 EA 2 Betco Glass Cleaner, 19 oz EA 1 Large Binder Clips, 1" capacity, 2" Wide 12/pack PK 1 shears, office, 8" EA 10 Metal 2 hook hanger EA 2 desk highlighter box 1 General Purpose Hooks, 5-lb EA 5 General Purpose Hooks, 3-lb EA 5 Picture Hanging Removable Interlocking Fasteners (set 4) EA 7 ADHESIVE,FSTNR,MED,3PK,WH pk 3 Outlet covers 24/pk pkg 2 clipboard, legal EA 7 magazines EA 2 toilet paper pk 1 Preprinted Plastic -Coated Tab dividers, 25 Alphabet Tabs pk 1 hand soap, antibacterial EA 1 wire ties pk 1 desk organizer tray - large utility bins EA 30 remover, staple EA 9 paper clip, large box 1 dispenser, tape EA 10 desk organizer tray - small utility bins EA 30 tape, 3/4 x 36yard EA 10 air freshener spray EA 1 Colored Push Pins, Plastic, clear 100 pk pk 1 holder, business card EA 5 staples EA 4 am N 0 LO Q J Go 0 N r N 0 c 0 c� U 0 c N N U 0 J r m a� x a� L U N 2 C N E t V R r Q Packet Pg. 212 This list does not include any medications for patient dispensing OR computers and related IT equipment. a) N O Q J O O N N O C O cC U O C N N U 7 J r N d L L U E N 2 O C N E t V R r Q Packet Pg. 213 8.H.2.b 6 Room + Lab Setup Price Extended Price $3,561.87 $3,561.87 $1,515.19 $1,515.19 $1,427.35 $1,427.35 $1,087.51 $4,350.04 $1,043.32 $1,043.32 $594.99 $2,379.96 $763.35 $763.35 $464.82 $1,394.46 $369.44 $1,108.32 $368.34 $1,473.36 $367.75 $367.75 $366.30 $366.30 $327.32 $327.32 $290.60 $290.60 $284.68 $854.04 $280.47 $1,121.88 $194.62 $778.48 $190.25 $570.75 $174.03 $1,044.18 $171.52 $171.52 $170.36 $511.08 $160.86 $160.86 $153.47 $153.47 $151.53 $1,060.71 $121.98 $487.92 $118.37 $118.37 $117.96 $471.84 $117.59 $117.59 $116.10 $464.40 $104.35 $104.35 $102.94 $102.94 am N 0 Q J 00 0 N N 0 C O ca U O c N N v 3 J r N d L x N L tv U N x a; c N E t U R r Q Packet Pg. 214 8.H.2.b $66.60 $66.60 $65.37 $522.96 $65.36 $457.52 $54.55 $54.55 $51.96 $51.96 $49.34 $49.34 $44.83 $44.83 $43.48 $43.48 $43.00 $43.00 $39.56 $39.56 $39.27 $39.27 $39.16 $39.16 $38.56 $38.56 $36.08 $36.08 $33.78 $33.78 $33.42 $33.42 $32.71 $32.71 $32.70 $32.70 $32.29 $32.29 $32.19 $32.19 $31.93 $31.93 $31.73 $31.73 $31.37 $31.37 $31.37 $31.37 $31.36 $31.36 $31.36 $31.36 $31.11 $31.11 $31.09 $31.09 $30.41 $30.41 $30.39 $212.73 $30.20 $30.20 $28.89 $28.89 $28.89 $28.89 $28.83 $28.83 $28.13 $28.13 $27.52 $192.64 $27.21 $190.47 $26.69 $26.69 $26.09 $26.09 $25.90 $25.90 $25.82 $25.82 $25.01 $175.07 $24.79 $173.53 $24.61 $24.61 $24.58 $172.06 $23.42 $23.42 $22.72 $22.72 am N O Q J 00 0 N r N 0 C O u O c N m v 3 J r N m a� 2 L U N 2 c N E t u R r Q Packet Pg. 215 8.H.2.b $22.11 $22.11 $21.47 $21.47 $21.34 $21.34 $21.33 $21.33 $20.93 $20.93 $20.70 $20.70 $20.32 $20.32 $19.74 $19.74 $19.60 $19.60 $19.60 $19.60 $19.60 $19.60 $18.50 $18.50 $18.48 $18.48 $17.32 $17.32 $17.32 $17.32 $15.84 $15.84 $15.70 $15.70 $15.38 $30.76 $13.28 $13.28 $13.23 $39.69 $12.89 $12.89 $12.47 $12.47 $12.26 $24.52 $12.18 $48.72 $12.11 $12.11 $12.05 $84.35 $11.73 $11.73 $11.38 $45.52 $11.31 $11.31 $11.29 $45.16 $9.92 $79.36 $9.91 $19.82 $9.90 $9.90 $9.85 $9.85 $9.32 $9.32 $9.31 $74.48 $8.79 $8.79 $8.46 $33.84 $8.37 $8.37 $8.31 $8.31 $8.17 $8.17 $7.83 $54.81 $7.64 $7.64 $7.44 $7.44 $7.43 $7.43 $7.43 $7.43 $7.37 $7.37 am N O Q J 00 0 N r N 0 C O u O c N m v 3 J r N m a� 2 L U N 2 c N E t u O r Q Packet Pg. 216 8.H.2.b $7.27 $50.89 $7.18 $7.18 $7.16 $14.32 $6.77 $6.77 $6.70 $20.10 $6.70 $33.50 $6.70 $20.10 $6.60 $13.20 $6.57 $45.99 $6.48 $19.44 $6.14 $6.14 $6.12 $42.84 $5.83 $40.81 $5.75 $40.25 $5.41 $16.23 $5.33 $10.66 $5.15 $10.30 $5.13 $10.26 $4.88 $9.76 $4.86 $14.58 $4.66 $9.32 $4.59 $4.59 $4.59 $18.36 $4.27 $29.89 $4.07 $16.28 $3.81 $80.01 $3.39 $6.78 $3.24 $3.24 $3.11 $12.44 $3.00 $6.00 $2.99 $11.96 $2.96 $5.92 $2.87 $11.48 $2.81 $2.81 $2.72 $10.88 $2.64 $10.56 $2.60 $7.80 $2.48 $4.96 $2.20 $8.80 $2.18 $4.36 $2.10 $2.10 $2.09 $2.09 $2.03 $4.06 $1.83 $1.83 $1.82 $7.28 $1.81 $3.62 $1.81 $5.43 am N O Q J 00 0 N r N 0 c O u O c N N v 3 J r N d N 2 L U N 2 c N E t u R r Q Packet Pg. 217 8.H.2.b $1.60 $6.40 $1.60 $3.20 $1.60 $3.20 $1.60 $3.20 $1.60 $3.20 $1.55 $6.20 $1.49 $4.47 $1.48 $5.92 $1.37 $2.74 $1.34 $2.68 $1.24 $1.24 $1.14 $1.14 $1.05 $3.15 $1.02 $24.48 $1.01 $2.02 $0.99 $1.98 $0.99 $1.98 $0.70 $4.90 $0.31 $7.44 $0.20 $0.80 $0.02 $0.02 $0.02 $0.14 $34,007.36 Unit price Extended Cost $299.00 $299.00 $270.00 $270.00 $160.00 $160.00 $125.00 $250.00 $97.36 $97.36 $85.00 $170.00 $65.00 $65.00 $63.00 $63.00 $62.00 $0.00 $56.00 $56.00 $40.00 $80.00 $37.85 $37.85 $34.50 $34.50 $30.49 $30.49 $30.00 $30.00 $29.97 $29.97 $29.05 $29.05 $28.73 $28.73 $27.00 $27.00 $26.94 $26.94 $24.34 $170.38 am N O Q J 00 O N N O c O u 0 c N 0 u 0 J r m L a� x L U N x c m E z u 0 r Q Packet Pg. 218 $23.50 $23.50 $22.09 $22.09 $22.00 $22.00 $22.00 $22.00 $21.99 $21.99 $20.00 $40.00 $15.99 $15.99 $15.08 $15.08 $14.49 $14.49 $13.08 $13.08 $12.95 $12.95 $12.44 $12.44 $11.88 $11.88 $11.39 $11.39 $11.07 $22.14 $10.04 $10.04 $10.00 $10.00 $9.95 $9.95 $9.53 $9.53 $9.00 $90.00 $8.99 $89.90 $8.99 $8.99 $8.50 $8.50 $7.99 $7.99 $7.99 $7.99 $7.88 $7.88 $7.79 $31.16 $7.75 $7.75 $7.02 $7.02 $6.88 $6.88 $6.75 $67.50 $6.58 $32.90 $6.29 $6.29 $6.00 $6.00 $5.99 $11.98 $5.88 $5.88 $5.88 $5.88 $5.88 $5.88 $5.88 $11.76 $5.80 $11.60 $5.69 $5.69 $5.65 $5.65 $5.49 $5.49 $5.48 $5.48 $5.25 $52.50 $5.15 $5.15 $5.00 $10.00 J U) a L c aD U N N d c aD 06 t r a� x a� a� 0 Q. E w aw N O a J Co 0 N N O c 0 m 0 0 c N aD J r m L a� x U N x c aD E t a Packet Pg. 219 $4.99 $4.99 $4.97 $4.97 $4.79 $4.79 $4.58 $4.58 $4.50 $4.50 $4.29 $4.29 $4.25 $8.50 $4.25 $17.00 $4.19 $4.19 $4.06 $8.12 $3.98 $3.98 $3.89 $3.89 $3.79 $37.90 $3.75 $7.50 $3.58 $3.58 $3.50 $17.50 $3.50 $17.50 $3.45 $24.15 $3.45 $10.35 $3.35 $6.70 $3.29 $23.03 $2.99 $5.98 $2.97 $2.97 $2.31 $2.31 $1.97 $1.97 $1.97 $1.97 $1.75 $52.50 $1.71 $15.39 $1.63 $1.63 $1.56 $15.60 $1.55 $46.50 $1.12 $11.20 $0.99 $0.99 $0.90 $0.90 $0.88 $4.40 $0.88 $3.52 Total of Estimate for rooms + Lab $371202.70 aw N 0 a J 00 0 N r N r O c 0 M 0 0 c N 2 J r m a� x aD L R U N 2 C E t V fC r a Packet Pg. 220 a) N O Q J O O N N O C O cC u O C N N u 7 J r N d L L U N 2 O C N E t V R r Q Packet Pg. 221 8.H.2.c SLC - BOCC IT Project Estimate Project #: Prepared for: George Landry Department: HR 1680 Project Title: PSL Clinic -1680 SE Lynngate Dr. Prepared by: William Martin Date: 2/3/2018 Item No. Description Quantity Installation Unit Cost Installation Cost Monthly Unit Cost Monthly Recurring Cc 1 Hardware - Computer HP Small Form Factor 9 $798.00 $7,182.00 $0 HP Lartops 3 $891.00 $2,673.00 $0 $0.00 $0 2 Hardware - Networking $0.00 $0 3 Universal Cabling 1 $5,927.00 $5,927.00 $0 4 Brocade L2 & L3 Switches; 2 Wireless AP's 1 $3,760.00 $3,760.00 $0 5 All in One Copier - FP is $286.38 Desiree getting updated quote 1 $0.00 $300.00 $300 6 HP Laser.lets & Battery Backups (9) 1 $1,822.94 $1,822.94 $0 $0.00 $0 Software $0.00 $0 Carehere Secuirty Software & Cables 1 $931.43 $931.43 $0 $0.00 $0 Circuits $0.00 $0 AT&T ASE 100mb 1 $0.00 $640.00 $640 Installation and Buildout ?? AT&T's Engineering is looking at the location $0.00 $0 Materials $5,000.00 $0 MISC. $5,000.00 $0 Telecommunications $0.00 $0 Cisco Voip 12 $398.00 $4,776.00 $0 Labor $0.00 $0 $0.00 $0 Department Account String for Chargeback: Approved: Name Signature Approx. Approx. Installation Monthly Cost: $37,072.37 Cost: $940.1 10% Contingency $3,707.24 Date Department Q C:\Users\SlayK\appdata\roaming\igm2\minutetraq\stluciefl@stluciefl.igm2.com\work\attachments\11702 Packet Pg. 222 8.J.1 ITEM NO. RES-2018-26 TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Susan Jacob, Library Manager Library Services Department DATE: 02/20/2018 *CONSENT AGENDA\LIBRARY SERVICES Resolution - Association for Library Service to Children (ALSC)/Baker & Taylor (B&T) Summer Reading Program Grant Last year with the help of our partner organizations, the St. Lucie County Library System was able to reach almost 3,000 youth in a reading challenge designed for grades K-12. With the help this grant we will be able to expand this program to include both younger children and children with learning difficulties. To give kids the best chance of succeeding, interventions encouraging good reading habits must begin early and this program will allow us to include parents and children ages 0-5 in the Library's Summer Reading programs. Both the "Baby and Me" and the "Read to Me" challenge program offer a structured 9 week interactive reading and activity log designed to foster essential early literacy skills. We have learned through experience that modest age appropriate incentives generate great enthusiasm in both youth and their parents or caregivers. With the help of this grant, the Library will also pilot a Summertime Sensory Story - Time for special needs kids. Using themes from the regular summer reading program families will have a story hour that is fun, inclusive and well -matched to their children's abilities. In order to expand our program to reach the younger children, the Library applied for and received this $3,000 nationally competitive, ALSC/B&T Summer Reading Program Grant. In addition to the ALSC /B&T grant the entire Summer Challenge and Incentive Program will once again be sponsored by the Friends of the Library and other Community partners. PREVIOUS ACTION: January 8, 2018 - County Administrator approved the acceptance of the B&T Summer Reading Grant and permission to move forward with a budget resolution. FINANCIAL IMPACT: The $3,000 Baker & Taylor grant award will be put into account string 001-7110-337900-700. No match is required. Packet Pg. 223 8.J.1 RECOMMENDATION: Staff recommends approval of the resolution and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Coordination/Signatures ,d s A W"V Am 0411 Ir"%4-S Ir Susan Jacob, Library Man 1/19/2018 anie 5WMclntyre,nt, orney 1/24/2018 Tenn Hi I, Interim 5ffi4 of and B dget Direct r 1/22/2018 LV �&AenLQlti 1 y BiMer, De yCoutnyAdministrator 1/24/2018 updated: 2/12/2018 5:13 PM by Katrina Slay B Page 2 Packet Pg. 224 8.J.1.a 19L5;'K Association for Library Service to Children January5, 2018 Jill Siekman St. Lucie County Library System 101 Melody Lane Fort Pierce, FL 34950 DearJill, On behalf of the Association for Library Service to Children (ALSC) and the Grant Administration Committee, I am very pleased to congratulate you on winning the 2018 ALSC/Baker & Taylor Summer Reading Program Grant! We would like to recognize your library at the ALSC Membership Meeting from 10:30 —11:30 a.m. on E Monday, June 25th during the 2018 ALA Annual Conference in New Orleans. Please send a photo of in your library via e-mail to ALSCs award coordinator, Courtney Jones (ciones@ala.org , for use in the `o PowerPoint presentation and on the ALSC website. Please let ALSC know if you will be able to join us and we will be in touch with you regarding the location of the meeting. ~ Ga We also ask that you submit photos and media write-ups from your summer reading program via e-mail L to Courtney. We would like to use these photos to promote the Baker & Taylor Summer Reading Grant on our website, blog and in our newsletterALSCMatters! Enclosed is a permission form that must be N submitted for any child appearing in a photo. o0 0 N Congratulations on submitting the winning proposal for the 2018 ALSC/Baker & Taylor Summer Reading w Program Grant! A copy of the press release announcing your award, and the grant funds, $3,000, are forthcoming. Courtney will be in touch about both in the near future. a� r We look forward to seeing you in New Orleans! If you have any questions, please feel free to contact r a� our office at 312.280.2163. 3 a Sincerely, t r � CO E Aimee Strittmatter +° Executive Director Q cc: Nina Lindsay, ALSC Past -President Jamie Campbell Naidoo, ALSC Vice President Hanna Lee, Chair, ALSC Grant Administration Committee Jill Faherty, Director of CATS, Baker& Taylor AS/cj Association for Library Service to Children —a division of the American Library Association 50 East Huron St.- Chicago, IL60611-2795 USA•800-545-2433, ext. 2163•Fax: 312-280-5271 • •e-mail-alsc@ala.org•www.ala.org/alsc Packet Pg. 225 RESOLUTION 8.J.1.b 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 Baker & Taylor, in the amount of $3,000, as a grant, for the Library's Summer Reading Program. 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 6th day of February, 2018 pursuant to Section 129.06 (d), Florida Statutes that such funds are hereby appropriated for the fiscal year 2017-2018, and the County's budget is hereby amended as follows: REVENUE 001-7110-337900-700 Other Grants $3,000 APPROPRIATIONS 001-7110-552000-700 Operating Supplies $3,000 After motion and second the vote on this resolution was as follows: Commissioner Frannie Hutchinson, Chair XXX Commissioner Linda Bartz, Vice Chair XXX Commissioner Chris Dzadovsky XXX Commissioner Cathy Townsend XXX PASSED AND DULY ADOPTED THIS 6TH DAY OF FEBRUARY 2018. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY 00 r c m E t a Packet Pg. 226 8.L.1 ITEM NO. RES-2018-27 TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners DATE: 02/20/2018 *CONSENT AGENDA\OFFICE OF MANAGEMENT & BUDGET Jennifer Hill, Interim Office of Management and Budget Director Budget Division Resolution - To establish the Budget for St. Lucie County, Florida Taxable Non -Ad Valorem Revenue Bonds, Series 2017A On December 12, 2017, the Board of County Commissioners authorized the issuance of the Taxable Non - Ad Valorem Revenue Bonds, Series 2017A to acquire real property and existing infrastructure thereon in the King Maritime Terminal within the Port of Fort Pierce, Florida and acquire a 10% interest in real property located on or near the waterfront (collectively, the "Project"). Such Project will include, but not be limited to, acquisition of two warehouse structures, submerged land leases from the State of Florida, and construction of certain improvements thereto. As these funds were not anticipated in FY 18, funding is not appropriated in the FY 18 adopted or amended budget. Consequently, a budget needs to be established in order to account for these funds. PREVIOUS ACTION: September 21, 2017 - Board of County Commissioners as the Port Authority authorized the Chairman to sign the Purchase and Sale Agreement with King Maritime Group, LLC and directed staff complete the due diligence within the ninety (90) day Feasibility Determination and Approval Period. December 12, 2017 - Board of County Commissioners approved the purchase of the King Maritime Group property and the undivided 10% interest in the Destin Beach property and directed staff to close the purchase of the properties on or before January 31, 2018 and the approval for staff to proceed to issue the bonds necessary to fund the purchase of the property. FINANCIAL IMPACT: These Bonds were not anticipated in FY 18, funding is not appropriated in the FY 18 adopted budget. Therefore, a budget needs to be established to account for these funds. Funds will be made available in the Taxable Non Ad -Valorem Revenue Bonds, Series 2017A Debt and Port Funds ( #240 and #140001). RECOMMENDATION: Staff recommends the Board adopt the budget resolution establishing the budget for the St. Lucie County, Taxable Non -Ad Valorem Revenue Bonds, Series 2017A in the amount of $25,730,000.00. Packet Pg. 227 8.L.1 COMMISSION ACTION: Coordination/Signatures ianiefS. McIntyre, C my ttorney 1/25/2018 .13LV y er, De y Coutny Administrator 1/25/2018 Jenn Hi I, Interim ffic of r, and B dget Direct r 1/25/2018 Updated: 2/5/2018 3:32 PM by Katrina Slay Page 2 Packet Pg. 228 8.L.1.a RESOLUTION a� WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners for St. z Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the Taxable Non Ad -Valorem Revenue Bonds, Series 2017A, in the amount of $25,730,000, to acquire N w real property and existing infrastructure thereon in the King Maritime Terminal within the Port of Fort Pierce, 0 Florida and acquire a 10% interest in real property located on or near the waterfront (collectively, the "Project"). Such Project will include, but not be limited to, acquisition of two warehouse structures, submerged land leases from the State of Florida, and construction of certain improvements thereto. N Go 0 WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a `V v� 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 20th day of February, 2018 pursuant to Section 129.06 (d), Florida Statutes that such funds are hereby appropriated for the fiscal year 2017-2018, and the County's budget is hereby amended as follows: REVENUE 240-0000-384100-000 Proceeds from Sales of Bonds $ 259,680 140001-0000-384100-000 Proceeds from Sales of Bonds $25,470,320 $25,730,000 APPROPRIATIONS 240-9950-573100-800 Additional Expenses -Bonds $ 259,680 140001-4310-561000-46507 Land $25,470,320 $25,730,000 After motion and second the vote on this resolution was as follows: Commissioner Frannie Hutchinson, Chair XXX Commissioner Linda Bartz, Vice Chair XXX Commissioner Chris Dzadovsky XXX Commissioner Cathy Townsend XXX PASSED AND DULY ADOPTED THIS 20TH DAY OF FEBRUARY 2018. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIR c APPROVED AS TO FORM AND a� E CORRECTNESS: c� Q BY: COUNTY ATTORNEY Packet Pg. 229 8.L.2 ITEM NO. (ID # 5010) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Desiree Cimino, Purchasing Manager Purchasing Division DATE 02/20/2018 *CONSENT AGENDA\OFFICE OF MANAGEMENT & BUDGET Request for Proposal (RFP) No. 18-002, Space Needs Study On November 15, 2017, responses to RFP No. 18-002, Space Needs Study, were opened. Three proposals were received; 333 companies were notified and 13 RFP documents were distributed. The successful proposer shall review existing space, and develop a comprehensive administrative space plan satisfying future (10 years) space needs for the St. Lucie County Downtown Courthouse area. The buildings associated with this study are as follows: Public Defender's Office, I.M. Waters Building, Parking Garage, and Courthouse Buildings A, B, & C. On January 24, 2018, the selection committee evaluated and ranked the proposals that were received. The committee members' scores and ranking for each firm are provided in Attachment A. The short-listed firms in order of ranking are as follows: 1. CGL Companies - Miami, Florida 2. Alexis Knight Architects - Boynton Beach, Florida PREVIOUS ACTION: N/A FINANCIAL IMPACT: Sufficient funding is available in 107-712-563000-700. RECOMMENDATION: Staff recommends Board approval of the short-listed firms for the Space Needs Study and permission to: Packet Pg. 230 8.L.2 Conduct contract negotiations with the highest ranked short-listed firm; If negotiations are successful, award contract to the successful short-listed firm and authorization for the Chair to sign the documents as prepared by the County Attorney; If staff is unable to negotiate a satisfactory contract with the highest ranked proposer, negotiations with that firm shall be terminated and staff shall attempt to negotiate a contract with the second ranked firm. If these negotiations are not successful, they shall be terminated with the second proposer and staff will re -advertise a new Request for Proposal. COMMISSION ACTION: Coordination/Signatures AoA Danie, S. McIntyre, C my ttorney 2/8/2018 Tenn Interim 6fficl of and B dget Direct r 2/7/2018 1 y BfMer, De y Coutny Administrator 2/8/2018 Updated: 2/14/20184:02 PM by Katrina Slay Page 2 Packet Pg. 231 Attachment A 8.L.2.a o Selection committee: O a) a) Q- U O Judge Elizabeth Metzger E nn c Thomas Genung L Chris Cicio Q (D o > O Will Fearn Cn ° Jose Clavijo Q -a L Scotty Beaulieu L E E ai LCn a) 0 U Q O Y c �O U C9 Z 06 J Firm _ <E U)Y O O Z Q U U w o- Total possible points per committee 35 25 20 20 100 member Total possible points for six members 210 150 1i 120 120 600 CGL Companies 200 100 117 113 530 1 Alexis Knight Architects 165 135 105 90 495 2 ARCADD, Inc Non -responsive a� Z a� Q N N 0 O 00 0 Z E, U_ 0 a 0 L L m a� 0 0 u� a� c c 06 m L 0 0 U) C d E t U 0 r r Q N 0 0 00 fC N J 00 C 0) E t V cC r� Q Packet Pg. 232 Attachment B 8.L.2.b BOARD OF COUNTY COMMISSIONERS COUNTY F L O R I D A Tabulation Sheet RFP No. 18-002 Space Needs Study PURCHASING DEPARTMENT Alexis Kni ht Architects Contact: Steven W. Knight Phone: 561-374-9242 Fax: n/a Address: 100 NE 6t" Street, Suite 102, Boynton Beach, FL 33435 ARCADD, Inc. Contact: Hisham N. Ashkouri Phone: 617-332-1200 Fax: n/a Address: 2202 N. Westshore Plaza Boulevard, Suite 200, Tampa, FL 33607 CGL Companies Contact: Chloe Jaco Phone: 803-765-2833 1 Fax: n/a Address: 5200 Blue Lagoon Drive, Ste. 430, Miami, FL 33126 Packet Pg. 233 8.M.1 ITEM NO. (ID # 4937) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Matt Baum, Parks & Special Facilities Manager Parks & Special Facilities Division DATE: 02/20/2018 *CONSENT AGENDA\PARKS & RECREATION St. Lucie County Parks and Recreation Approved Food and Beverage Vendor List The Parks and Recreation Department has multiple facilities that require catering and/or concession services for a variety of events on a weekly basis throughout the year. For the past five years these services have been provided by an exclusive caterer agreement C12-12-513 that was awarded to Di'Michelli's Catering, Inc. on December 18, 2012. The public has been bound to use this sole provider at the various Parks and Recreation facilities due to this agreement. The proposed Approved Food and Beverage Vendor List would eliminate the sole provider agreement and give the public their choice of other vendors they might like to use for food and beverages services, provided the vendors have been approved through the application process. PREVIOUS ACTION: December 18, 2012, in response to RFP 13-008, the BOCC awarded the concession/catering to Di'Michelli's and entered into a two (2) year agreement C12-12-513 with the option to renew three (3) additional years, one year at time. June 18, 2013 first amendment to agreement C12-12-513. December 12, 2015 second amendment to agreement C12-12-513. July 7, 2015 third amendment to agreement C12-12-513. FINANCIAL IMPACT: There will be a positive financial impact. All revenues collected will be entered into Parks and Recreation point of sale system and recorded in the corresponding fund and program number under concessions line item# xxx-xxxx-369910-xxxx. RECOMMENDATION: Staff recommends Board approval of the proposed St. Lucie County Parks and Recreation Approved Food and Beverage Vendor List, proposed vendor approval applications are attached, and authorization for the Chair to sign documents as approved by the County Attorney. Packet Pg. 234 8.M.1 COMMISSION ACTION: Coordination/Signatures �lYJ�i Edward Matthews, Parr & ecreat' n Director 12/20/2017 ianieYS. McIntyre, CAtorney 12/23/2017 .13LV y er, De y Coutny Administrator 12/26/2017 Updated: 2/1/2018 12:27 PM by Katrina Slay Page 2 Packet Pg. 235 8.M.1.a St. Lucie County Parks and Recreation Food and Beverage Caterer Application Contact Information Name of Applicant Name of Company Address City ST ZIP Code Home Phone Work Phone E-Mail Address FL State Food License # FL State Liquor License #, if apply Federal Tax ID Locations Please check which location(s) you are applying to provide catered food services. COUNTY F L O R[ U A St. Lucie County Fairgrounds Havert L. Fenn Center, limited use of kitchen available. Fee $400 + $100 refundable cleaning fee deposit St. Lucie County Regional Parks and Stadiums Lincoln Park Community Center Type of Food and Beverage Services your company provides I - Please briefly describe the type of food and beverage services that you offer. Please attach a sample menu with pricing Requirement Checklist M- Please check and provide a copy of the following licenses and insurances and attach to this application. Florida State Food Handler's License Liquor Liability Insurance and Permit, if applicable General Liability Insurance Auto Liability Insurance Worker Compensation, if applicable Business Tax License, where applicable ( City and/or County) Any other required licenses, certifications or authorizations required by City, State or Federal Regulations. Sample menu with pricing Completed and Signed St. Lucie County Parks Caterer Application (this form) Include: $50 application fee, $200 approval fee. a Packet Pg. 236 8.M.1.a Rules and Regulations 1. Alcohol allowed, with approval by St. Lucie County Parks and Recreation Director. Application must be received and approved 30 days in advance of scheduled event. 2. If alcohol is approved and served, SLC Sheriff's Department must be notified and at minimum one Deputy must be present at event. Deputies can be provided by the event if applicable to meet this requirement as approved by the Facility Coordinator. 3. Must keep facility neat, clean and orderly. 4. Must maintain all necessary licenses, insurances and County Parks Approved Caterer Agreement. 5. No use of kitchen, equipment or utilities will be permitted without prior approval and rental fee. 6. May only occupy facility during required time agreed upon by the County and Event Coordinator. 7. Must bring food, stay with food, clean up food and take food away, caterer will not be permitted to drop off food and leave. 8. Must make every effort to be cleaned up and have all property removed from facility within one hour after event. 9. Approved Caterer will be permitted to provide marketing brochures, pending approval of SLC Parks Coordinators. 10. St. Lucie County reserves the right to cancel, revoke or revise this approval at any time for failure to adhere to rules, regulations or any other reason the County deems necessary. 11. County Parks Management will determine which vendors are approved and provide current list of approved caterers to event coordinators. 12. Caterer must include: $50 application fee, $200 due upon approval and $300 performance deposit required 30 days before each event. 13. For Caterers information, the client is responsible for paying the following fees plus applicable taxes Breakfast $1 pp, Lunch $1 pp, Appetizers $1 pp, Dinner $2pp, Multi -Meal $3pp, not to exceed $1,000 Alcohol Fee (if applicable): $1 pp age 21+ not to exceed $1,000 Agreement and Signature By submitting this application, I affirm that the facts set forth in it are true and complete. I understand that if I am accepted M as an approved food and beverage caterer, any false statements, omissions, misrepresentations made by me on this application or failure to abide by the aforementioned requirements, rules and regulations may result in an immediate suspension or termination of my food and beverage catering authorization with St. Lucie County Parks and Recreation. c N C Name (printed) g Signature Date a Q L L Submit Application v Application must be received and approved 30 days in advance of scheduled event. Submit completed application with required documentation to: r SLC Parks Caterer Application Havert L. Fenn Center E 2000 Virginia Avenue Ave. Fort Pierce, Florida 34951 Q Packet Pg. 237 8.M.1.b St. Lucie County Parks and Recreation Events Mobile Food Vendor Application Contact Information Name of Applicant Name of Company Address City ST ZIP Code Home Phone Work Phone E-Mail Address FL State Food Vending License # FL State Liquor License #, if apply Federal Tax ID Locations Please check which location(s) you are available to provide food services and write Yes or No by the days of the week that you are available. Example: x Example Park Sun: No Mon: Yes Tue: Yes Wed: Yes Thu: Yes Fri: Yes Sat: No SLC Fairgrounds Sun: Mon: Tue: Wed: Thu: Fri: Sat: Lawnwood Regional Park Sun: Mon: Tue: Wed: Thu: Fri: Sat: Lakewood Regional Park Sun: Mon: Tue: Wed: Thu: Fri: Sat: South County Stadium Sun: Mon: Tue: Wed: Thu: Fri: Sat: Type of Mobile Food Vending Unit Please briefly describe the type of mobile food vending unit you plan to use, the types of food you plan to serve and a price range. Example: Mobile Food Truck serving Hot Dogs $2 - $5 or Mobile Food Cart serving Italian Ice $4 each. Requirement Checklist Please check and provide a copy of the following licenses and insurances and attach to this application. Florida State Food Vending License Liquor Liability Insurance and Permits, if applicable General Liability Insurance Auto Liability Insurance Worker Compensation, if applicable Business Tax License, where applicable (City and/or County) Any other required licenses, certifications or authorizations required by City, State or Federal Regulations. Signed agreement to pay required fees per event: <999 attendees ages 21+ = $75 flat fee, or >1000 ages 21+ = $150 Alcohol Pricina (if applicable): $1Do aae 21+ not to exceed $750 per day. Packet Pg. 238 8.M.1.b Rules and Regulations 1. No alcohol allowed, unless approved by St. Lucie County Parks and Recreation Director. 2. If alcohol is approved and served, SLC Sheriff's Department must be notified and at minimum one Deputy must be present at event. 3. Must park and set up in approved location at each park and move if asked by SLC Parks Staff, Police or Fire and Rescue. 4. Must provide trash receptacles, empty and remove from property site. 5. Must keep area neat, clean and orderly. 6. Must display all necessary licenses and County Parks Mobile Food Vending Authorization. 7. Must be 100% self-contained and operated food truck or trailer. 8. No use of utilities will be permitted. 9. May only operate during required time agreed upon by the County and Event Coordinator. 10. Must remove food truck or trailer and all equipment including trash receptacles within one hour after event. 11. St. Lucie County reserves the right to cancel, revoke or revise this authorization at any time for failure to adhere to rules, regulations or any other reason the County deems necessary. 12. County Parks Management will determine which vendors are approved and provide final list of approved mobile food vendors to event coordinators. Agreement and Signature By submitting this application, I affirm that the facts set forth in it are true and complete. I understand that if I am accepted as a mobile food vendor, any false statements, omissions, misrepresentations made by me on this application or failure to abide by the aforementioned requirements, rules and regulations may result in an immediate suspension or termination of my mobile food vending authorization with St. Lucie County Parks and Recreation. Name (printed) Signature Date Submit Application Submit completed application with required documentation to: SLC Parks Events Mobile Food Vendor Havert L. Fenn Center 2000 Virginia Avenue Ave. Fort Pierce, Florida 34951 Packet Pg. 239 TO: PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Summer Ivey -Platt, Venue Coordinator Parks & Special Facilities Division Florida Indian Hobbyist Association Pow Wow 8.M.2 ITEM NO. (ID # 4998) DATE: 02/20/2018 *CONSENT AGENDA\PARKS & RECREATION LEGISLATIVE The Florida Indian Hobbyist Association, also known as Florida Indian Hobbyist Association was founded in Fort Pierce with an interest in Native American traditions and culture. The organization is comprised of a group of Natives and hobbyists with an interest in Native American traditions and culture. They have hosted a 3-day Pow Wow each year at the Savannas Recreation Area in Ft. Pierce. This is the 53nd Annual Pow Wow hosted in St. Lucie County and the longest continually running Pow Wow in the Southeastern U.S. The Pow Wow relocated to the St. Lucie County Fairgrounds for the 2016 event. The request is to return the event to the Fairgrounds for the 2018 Pow Wow. The Pow Wow highlights Native American traditions, dances, foods, crafts and many vendors. The organization strives to perpetuate the Native American heritage. This is accomplished by several dances held daily with participants in full regalia representing many different tribes and providing educational seminars. On average, the festival draws an estimated 5,000 attendees from all over the United States. The Florida Indian Hobbyist Association is a registered local 501(c)(3) organization. The organization and event meet the requirements of the St. Lucie County Facility Use Policy for fee waivers. The organization is requesting to host the event on March 23-25, 2018, at the St. Lucie County Fairgrounds. The organization is requesting that the County waive the Adams Arena and Building A rental fees of $6,562.50 and have agreed to reimburse the County $2,028.00 for staff and equipment costs associated with the event, as required by Board policy. PREVIOUS ACTION: December 17, 2013, February 17, 2015, December 3, 2015, February 7, 2017 - BOCC approval of fee waivers for 2014, 2015, 2016, and Florida Indian Hobbyist Assoc. Pow Wow. FINANCIAL IMPACT: If the fee waiver is approved, the County will forego $6,562.50 in Facility Use Fees. Revenue account # 001-7511-347221-7420, Packet Pg. 240 RECOMMENDATION: Staff recommends Board authorization to waive $6,562.50 in Adams Arena & Building A rental fees for the 2018 Florida Indian Hobbyist Assciation Pow Wow to be held at the St. Lucie County Fairgrounds as outlined in this agenda memorandum and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Coordination/Signatures Edward Matthews, Par X&ecreayt'/nDi rector 2/2/2018 4aniieYS. McIWCty,orney 2/2/2018 �Bjw L 1 y BZWer, DeRAy Coutny Administrator 2/5/2018 Updated: 2/12/2018 5:11 PM by Katrina Slay Page 2 Packet Pg. 241 8.M.2.a ESTIMATE OF FEES _i I i ' _ _ VENUE: St. Lucie County Fairgrounds PHONE: 772462-2581 FAX: Estimate Date: November 29, 2017 Event Date: Event Day: Event: FIHA Pow -Wow Event Times: No. of Attendees 1500 Set Up/Load In: Contact: Richard Gallant Break Down/Load Out: Total Event Hours, inc. Load in/Out: Organization: Florida Indian Hobbyist Association Address: 1541 SW Fresno Rd Port St. Lucie, FL 34953 772-462-2579 3/23-25/2018 Friday -Sunday 6-10, 10-10, 10-6 Thursday N/A 35 Office Phone: Fax: Cell: 561-707-5973 E-mail Address: rgallant(cDpbcwater.com *********************************************************************************************** Facility Use Fee Adam's Arena Adam's Arena Load -In Building A Building A Load -In Equipment Use Fees Electric Panels Rate 3 days @ $2000.00/day 1 day @ $1000.00/day 3 days @ $500.00/day 1 day @ $250.00/day Sub -total Deduct 25% Nonprofit Discount Revised Sub -total Sales Tax 6.5% FACILITY USE FEE TOTAL Fee $6,000.00 $1, 000.00 $1, 500.00 $8,750.00 -$2,187.50 $6,562.50 T/E $0.00 $0.00 EQUIPMENT FEES TOTAL $0.00 Sales Tax 6.5% 1 $0.00 Staff/Personnel (Does not include cost of any required security personnel) Event Supervisor (Required) 27 hours @ $26/hour $702.00 Event Support (2) Staff for 27 hours @ $19/hour $1,026.00 STAFF FEES TOTALI $1,728.00 Other Fees Electric Cleaning Fee Event Insurance Premium (if appiicable; by separate check) Security Deposit Payable to St. Lucie County BOCC $100.00 $200.00 OTHER FEES TOTAL $300.00 SECURITY DEPOSIT TOTALI $0.00 TOTAL ESTIMATED CHARGES1 $8,590.50 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.lif needed, Event insurance is available at reasonable rates. Estimate Prepared by: z"m ewk, Estimate Accepted by: •---- .� FORM APPROVED FEBRUARY 15 2012 Packet Pg. 242 8.M.2.b 1541 Southwest Fresno Road Port Saint Lucie, FL 34953 November 30, 2017 Mr. Edward Matthews, Director Parks, Recreation & Facilities 2300 Virginia Avenue Fort. Pierce, FL 34982 Dear Mr. Matthews, The Florida Indian Hobbyist Association, is a registered 501-c3 non- profit organization, who wishes to present the 53"d Annual FIHA Powwow on March 23, 24, and, 25, 2018 at the Saint Lucie County Fairgrounds. This will the 3`d year at the St. Lucie County fairgrounds, and we are excited to have the opportunity to use such a great facility. We are respectfully requesting a waiver of the fees for the Adams Arena and Building A for the 3-day period, an expense of $6532.50. The Florida Indian Hobbyist Association presents a 3-day powwow in which Native American heritage is displayed for the public to enjoy. There :are multiple dances throughout the weekend, approximately 30 vendors, craft exhibits, a tipi village and a host of entertainment and education pertaining to the Native American dance and heritage. FIHA gathers its humble beginnings in Ft. Pierce in 1965, and we are proud to be celebrating our 53`d year in the Saint Lucie County area. During this event, there will be many campsites utilized by the vendors and visitors. Most have RV's requiring full hookup and there will additionally be some primitive tent areas. Some of the dancers come from out of state and if not camping, they will be staying in local hotels. One of our drums is traveling from Oklahoma to provide our music for the citizens of Saint Lucie County. We are very excited to be at the Fairgrounds for this amazing and popular event. If you need any further information, please contact us. Thank you in advance for your consideration. Sincerely, Richard GalTant President Florida Indian Hobbyist Association (561) 707-5973 Packet Pg. 243 8.M.2.c a FLORIDA 85-8017305281 C-2 Certificate Number This certifies that 11Consumer'.s_.Certific­ate of Exemption Issued Pursuant to Chapter 212, Florida Statutes DR-14 R. 10/15 07/05/2017 07/31/2022 501(C)(3) ORGANIZATION Effective Daw Expiration. Date Exemption Category FLORIDA INDIAN HOBBYIST ASSOCIATION INC 1541 SW FRESNO RD PORT ST LUCIE FL 34953-4330 is exempt from the payment of Florida sales and use tax on real property rented, transient rental property rented, tangible personal property purchased or rented, or services purchased. r! al FLORIDA ` Important Information for Exempt Organizations DR-14 R. 10/15 1. You must provide all vendors and suppliers with an exemption certificate before making tax-exempt purchases See Rule 12A-1.038, Florida Administrative Code (F.A.C.). 2. Your Consumer's Certificate of Exemption is to be used solely by your organization for your organization's customary nonprofit activities. 3. Purchases made by an individual on behalf of the organization are taxable, even if the individual will be reimbursed by the organization. 4 This exemption applies only to purchases your organization makes. The sale or lease to others of tangible personal property, sleeping accommodations, or other real property is taxable. Your organization must register, and collect and remit sales and use tax on such taxable transactions. Note: Churches are exempt from this requirement except when they are the lessor of real property (Rule 12A-1.070, F.A.C.). 5. It is a criminal offense to fraudulently present this certificate to evade the payment of sales tax. Under no circumstances should this certificate be used for the personal benefit of any individual, Violators will be liable for payment of the sales tax plus a penalty of 200% of the tax, and may be subject to conviction of a third-degree felony, Any violation will require the revocation of this certificate. 6. If you have questions regarding your exemption certificate, please contact the Exemption Unit of Account Management at 800-352-3671. From the available options, select "Registration of Taxes," then "Registration Information," and finally "Exemption Certificates and Nonprofit Entities." The mailing address is PO Box 6480, Tallahassee, FL 32314-6480. Packet Pg. 244 8.M.3 ITEM NO. (ID # 4999) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Summer Ivey -Platt, Venue Coordinator Parks & Special Facilities Division Adams Ranch Rodeo Fee Waiver DATE 02/20/2018 *CONSENT AGENDA\PARKS & RECREATION The St. Lucie County Cattlemen's Association, a 501(c)(5) tax-exempt organization, is planning its 8th Annual Adams Ranch Rodeo. The event attracts 1,200-1,500 residents and visitors and is the organization's primary fundraiser. Funds from this event, and others, are used by the organization to support local agricultural promotional events, local 4-H and Future Farmers of America clubs and students in both high school and college. In the last seven years, the group has dispersed more than $25,000 to support these efforts. The organization and event meet the requirements of the St. Lucie County Facility Use Policy for fee waivers. The organization is requesting to host the event on March 31, 2018, at the St. Lucie County Fairgrounds. The St. Lucie County Cattlemen's Association is requesting that the County waive the Adams Arena rental fees of $2,396.25 and have agreed to reimburse the County $1,489.25 for staff and equipment costs associated with the event, as required by Board policy. PREVIOUS ACTION: March 7, 2017 - BOCC approval to waive $2,396.25 in Fairgrounds facility rental fees for the 7th Annual Adams Ranch Rodeo. October 20, 2015 - BOCC approval to waive $2396.25 in Fairgrounds facility rental fees for the 6th Annual Adams Ranch Rodeo. December 16, 2014 - BOCC approval to waive $2,396.25 in Fairgrounds facility rental fees for the 5th Annual Adams Ranch Rodeo. October 15, 2013 - BOCC approval to waive $2,396.25 in Fairgrounds facility rental fees for the 4th Annual Adams Ranch Rodeo. FINANCIAL IMPACT: If the fee waiver is approved, the County will forego $2,396.25 in rental fee from the User Fees revenue account (#001-7511-347221-7420). RECOMMENDATION: Packet Pg. 245 8.M.3 Staff recommends Board approval to waive $2,396.25 in Fairgrounds facility rental fees for the 8th Annual Adams Ranch Rodeo on March 31, 2018. COMMISSION ACTION: Coordination/Signatures e d A 7e . .r Edward Matthews, Parks & ecreat' n Director 2/2/2018 Danie S. McIntyre, C my ttorney 2/2/2018 �Bjw�!'1.FJL� 1 y BZWer, DekAy Coutny Administrator 2/5/2018 Updated: 1/28/2018 12:49 PM by Summer Ivey -Platt Page 2 Packet Pg. 246 8.M.3.a ESTIMATE OF FEES VENUE: St. Lucie County Fairgrounds Zmm! PHONE: 772-462-2581 FAX: 772-462-2579 Estimate Date: December 27, 2017 Event Date: 3/31/2018 Event Day: Saturday Event: 8th Annual Adam's Ranch Rodeo Event Times: 11am-11pm No. of Attendees 1200 Set Up/Load In: 3/30/2018 Contact: Bryan Beaty Break Down/Load Out: Total Event Hours, inc. Load in/Out: 20 Organization: St. Lucie County Cattlemen's Association Address: 1493 South Brocksmith Rd Fort Pierce, FL 34945 Office Phone: Fax: Cell: 772-201-5371 E-mail Address: btbeaty681 gmail.com Facility Use Fee Rate Adam's Arena Ticketed Event - Non -Profit SLC 501 c(3) $ 2.000,00 Load -in / Load -out: $ 1,000.00 Rental of the Adam's Arena Includes access to: 1. Adam's Arena 4. PIA System and Announcer Booth 2. Restrooms 5. Front gates and parking lot (not the ticket booths) 3. Adam's Arena OfficelConcession Area Equipment Use Fees Trolley Additional Trolley Hours Fee $2,000.00 $1,000.00 Sub -total $3,000.00 Deduct 25% Nonprofit Discount $750.00 Revised Sub -total $2,250.00 Sales Tax 6.5% $146.25 FACILITY USE FEE TOTAL $2,396.25 Facility Rental Fees Waiver to be stubmitted to St. Lucie County BOCC Rate 1 Day Ca? $350/ 4 Hours $350.00 2 hours @ $50/Hour $100.00 Sales Tax 6. EQUIPMENT FEES TOTAL Staff/Personnel (Does not include cost of any required security personnel) Event Supervisor (Required) 20 hours @ $26 Event Support 10 hours @ $19 STAFF FEES TOTAL Other Fees Electric Fee Cleaning Fee Arena 501-1500 attendees Event Insurance Premium (if applicable: by separate check) OTHER FEES TOTAL Security Deposit (refundable) SECURITY DEPOSIT TOTAL Payable to St. Lucie County BOCC TOTAL ESTIMATED CHARGES ** If waiver is granted** Other Requirements include but are not limited to $29.25 $479.25 $520.00 $190.00 $710.00 $100.00 $200.00 $300.00 $0.00 $1,489.25 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: Estimate Accepted by. FORM APPROVE Packet Pg. 247 8.M.3.b = St. Lucie G"Pay St. Lucie County Cattlemen's Association -�t www.stiuciecattlemen.org , January 5, 2018 Mr. Edward Matthews, Director Parks, Recreation, & Facilities Tourism & Venues Division 2000 Virginia Avenue Fort Pierce, FL 34982 Mr. Matthews: The St. Lucie County Cattlemen and Cattlewomen's Association would like to formally request a waiver of fees and concessionaire requirements for the 8th Annual Adams Ranch Rodeo to be held March 31, 2018 at the St. Lucie County Fairgrounds. In St. Lucie County alone, agricultural and related industries generate 21,827 jobs (21.6% of total) and $1.20 billion in revenues or 18.7% of gross regional product. The St. Lucie County Cattlemen's Association has had a strong presence in St. Lucie County for more than 60 years and for 50 years held an annual parade that became a tradition and event to look forward to each year by many residents. Eight years ago, Adams Ranch approached the Association with the concept of a Ranch Rodeo and the natural location to host such an event is the Adams Ranch Arena at the St. Lucie County Fairgrounds. A Ranch Rodeo is unique in that it features competition events that are what ranchers do every day as part of their job. In the last five years, this event has become a highly respected and sought after rodeo on the state ranch rodeo circuit due to the location, organization and prize money available. The Cattlemen and Cattlewomen's Association uses this event as its primary fundraiser. The event attracted 1,200-1,500 residents last year alone. Funds from this event, and others, are used by the St. Lucie County Cattlemen and Cattlewomen's Association to support local agricultural promotional events, local 4-H and FFA clubs and students in both high school and college. In the last seven years, the group has disbursed more than $30,000 to support these efforts. As a whole, the St. Lucie County Cattlemen and Cattlewomen's Association is affiliated with the statewide Florida Cattlemen and Cattlewomen's Association and the National Cattlemen's Beef Association and American National Cattlewomen. Each work in a grassroots fashion to support, promote and advocate for the cattle and beef industry. I ask you to consider this request and to please contact me if you have any questions. Sincerely, Bryan Beaty Secretary/Treasurer Packet Pg. 248 8.M.3.c Internal Revenue Service Director, Exempt Organizations Rulings & Agreements P.O. Box 2508 Cincinnati OH 45202 Date: OCT Q "' 2011 Florida Cattlemens County Association Inc. c/o Thomas J. Bryant, CPA PO Box 508 Lakeland, FL 33802-0508 Department of the Treasury Employer Identification Number: 27-2003408 Person to Contact and ID Number: Harold J. Fodor ID # 31675 Toll Free Contact Number: (877) 829-5500 Addendum Applies Yes Dear Sir or Madam: 5l We have considered your application for a group exemption letter recognizing your subordinates as exempt from federal income tax under section 501(a) of the Internal Revenue Code as organizations of the type described in section 501(c)(5). Our records show that you were recognized as exempt from federal income tax under section 501(c)(3) of the Code. YouT exemption letter remains in effect. Based on information you supplied, we recognize your subordinates whose names appear on the list you submitted as exempt from federal income tax under section 501(c)(5) of the Code. Your subordinates whose gross receipts each year are normally more than $50,000 are each required to file Form 990, Return of Organization Exempt From Income Tax, by the 15th day of the fifth month after the end of their annual accounting period. If you prefe you may file a group return for those subordinates that authorize you in writing to include them in that retum lf_ you are req d file Form 920 for your own activities, you must file a separate return. and ma not be included on any u return that ITAII file For our subordinates. The law imposes a penalty of 20 a ay when a return is filed late, unless there is reasonable cause for the delay. However, the maximum penalty unposed cannot exceed $10,000 or 5 percent of gross receipts for the year, whichever is less. For organizations with gross receipts exceeding $1,000,000 in any year, the penalty is $100 per day per return, unless there is reasonable cause for the delay. The maximum penalty for an organization with gross receipts e2weeding $1,000,000 shall not exceed $50,000. This penalty may also be charged if a return is not complete, so your subordinates should make sure their returns are complete before filing them. For tax periods beginning after December 31, 2006, and before December 31, 2010, organizations with gross receipts of $25,000 or less must file an annual electronic .notice, Form 990-N. For'tax 1,erinds after De, ezwbvr 31, 2010, the gross receipts limit changed from $25,000 to $50,000_ 053 a� CU U- 0 0 0 t M Q o� Packet Pg. 249 8.M.3.c Organizations included in a group return are excepted from tMs requirement_ Alternatively. organizations with gross receipts of $50,000 or lay may file a complete Form 990 Package. You subordinates are required to matte their annual information return, Form 990 Or Form 990- FQ, available for public inspection for three years after the later of the due date of the return or.the date the return is filed. You and your subordinates are also required to make available for public inspection your group exemption application., any supporting documents and this exemption letter. Copies of these documents are also required to be provided to any individual upon written or in person request without charge other than reasonable fees for copying and postage. You may fulfill this requirement by placing these documents on the Internet. Penalties may be imposed for failure to comply with these requirements. Additional information is available in Publication 557, Tax -Exempt Stulus for Your Organization, or you may call our toll Free number shown above_ Unless specifically excepted, each of your subordinates is liable for social security (FICA) taxes for each employee to whom the subordinate paid $100 or more during a calendar year and unemployment (FUTA) taxes for each employee to whom the silbordinate paid $50 or more in a calendar quarter. FUTA tax is due for each of these employees only if the subordinate paid total wage of $1,500 or more during any calendar- quarto, or if the subordinate had any employees in any 20 calendar wed during the year_ Each year, at least 90 days before the end of your annual accounting period, please send the items listed below to the Internal Revenue Service Center at the address shown below. 1. A statement describing any changes during the yvu in the purposes, character, or method of operation of your subordinates; 2. A list showing the names, mailing addresses (including Postal ZIP codes), actual addresses if different, and employer identification numbers of subordinates that, since your previous report: a. Changed names or address; b. Were deleted from your roster, or c. Were added to your roster. 3. For subordinates to be. added, attach: a. A statement that the information on which your present group exemption letter is based applies to the new subordinates; b_ A statement that each has given you written authorization to add its name to the roster; c. ,A, list of those to which the Service previouslyLiss , erm tion rulings or determination letters; "_d. A statement that none of the subordinates is a private foundation as defined in section 509(a) of the Code if the group exemption letter covers organizations described in section 501(c)(3 ); e. The street address of each subordinate whose mailing address is a P.O. Sox; and f The information required by Revenue Procedure 75-•50, 1975-2 C_E_ 597, for each subordinate that is a school claiming exemption under section 501(c)(3). Also include any other information necessary to establish that the school is complying with the requirements of Revenue Ruling 71-447, 1971-2 C.B. 210. This is th,e same information required by Schedule B, Forth 1023, Applicatiein for RwaRnition of Exemption Under Section 501(c)(3) of the Luternal Revenue Code. Packet Pg. 250 8.M.3.c 4. If applicable, a statement that your group exemption roster did not change since your III tli+ ►us rgOrt. Please mail the information roquu e-,d in this lcttci to the follniving address: Internal Revenue Service Ogden UT 84201 Revenue Procedure 80-27, 1980-1 C.B. 677, section 4.02, part 6, provides that group exemption letter may be issued covering subordinates, of which one or more have been organized prior to 15 montlis of the date of submission of the group exemption request, only if all subordinates agree to prospective exemption from the filing date of the group exemption request. Since you have subordinates that were organized prior to 15 months of the date of your application and your subordinates have agreed to prospective exemption, the exempt status of those subordinates is effective on January 1, 2010, the beginning of the next fiscal year following your bate of formation. Your subordinates are required to file Federal income tax return(--), Form 1120 and pay any t;ixes due, for each year or part of a year that ended prior to the effective date of your group exemption, our subordinates are required to include this number on !MKFT"_��990, Return of Ong otzotz n Exempt From. Income Tax, and Form 990-T, Exempt Organization Rosiness lucome Tax Rowu4 that tbcy file_ Plea►se advise your mib"rdinates cif this require neut and provide thorn with the Croup Exemption Number. Please see enclosed Publication 4221-NC, Compliance Guide for Tax Exempt Organizations (other than 501(c)(3) Public Charities and Private Foundations), for some helpful information about the responsibilities of you and your subordinates as exempt organizations. This publication and other useful information is available on the 1RS Charities and Non -Profits website at www_irs_wv/eo. If the heading of this letter indicates that an addendum applies, the enclosed addendum is an integral part of this letter. Because this letter could help resolve any questions about the exempt status and foundation status of your subordinates, you should keep it for your records. We have sent a copy of this letter to your representative as indicated in your power of attorney. If you have any questions, please contact the perscfin whose name and telephone number are shown is the heading of this letter. Packet Pg. 251 4...Mal Sinum"Ay youm, Lois G. Lemer Dircetor, Exempt orgallizatiom Rev. 7-15-2011 I Packet Pg. 252 8.M.3.c IL n � H Cf C Z O 0 O O O Co (a 6.), � � m m a. I—;�1L F }- I•- F F F m F CL F m r m D. D_ a D_ o_ e. n. n_ 4 D. a d a ,,-.c::, a a a LL n. a a a a a. o_ a a LL �mnmmm 2z m :E;Z=-mm :g w w w w w w w w www^w.:w w w w w w w w w u w w w w ww w LLI UA w w LU LXLI +w w w w w w w LXi+ w u w w w N 9 O N Y/ [O aD W !LJQN (00 M `fD or M M N M C M m N J P3 M J _I -1 m m N LL O J J LL LL m U. +"� M g LL cc p m E u- u N LL N y W C= C= m o O C9 C m g W 0 L° o w y M LL V7 n. i F ' j N co d C a V fh [1 Q t6 `J�' v�i�w mNw oz_ N r^ m o W Co 0 0 O w �D UO m A O M 0 0; N to N M r N UP) r (V < r cV i- Mr! T LL w N f0 M N O LOD O^ N tD io e� OMi N v N m o w 0 N W m m m Co N m m r N C? N N< N fm0 N N N N [hV N N N N to m (hV N M b V Y. U p C O' 7 " .Ya' ci c6 U tyh _!C ci 73 G O c? 'a N U w UV41 ¢c'°ivvcgt�cLoii�x r N M V in [O h m m P .-- N M m J OOD C� •OS N C-,[O OD M J � [L m M LL V f7 m J O LL LL .r " m 2 M C N LL Q1 _J LLm LL LL LL -OO p=! c 47 U '0 Y D U U D LL G U a N aci o m 0> m •C j C d L W a Q m Q m on Q G y-0 m NSA. m V O O? 9 CD cc a O M 4. U N m V O w Lo 0 m 14 0 0 [� O (4 m Co m w N O> V Q Q < 1- N N yr 0)h M N CD f�3 m V• fo a! CP � - N N O �11 CD fhD n r �D N r, h w w o •n c� Mr- m �n m `rmr-0Nrn ovi vhnm O OD W O W M r aD r 1 In Cm M N O h f7 /0 N N N N m Cm N N N M N N N N N N Packet Pg. 253 ITEM NO. (ID # 5013) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: DATE: 02/20/2018 *CONSENT AGENDA\PARKS & RECREATION Willie Redden, Regional Parks and Stadium Manager Regional Parks & Stadiums Division Early Coalition - Family Fun Fair 2018 (Fee Waiver Request) The Early Learning Coalition of St. Lucie County, Inc. is a 501(c)(3) non-profit organization dedicated to serving County residents by funding child care programs for at -risk and disadvantaged children, ages birth to 5 years old and their school -aged siblings. In a letter, dated January 31, 2018, the organization requested a waiver of the facility rental fee ($303.75) to utilize Calvin R. Triplett Field for its 12th Annual Family Fun Fair on April 7, 2018. The purpose of this signature event is to bring families together to enjoy interactive children activities, provide community information from 30+ vendors (mostly non-profit agencies), and entertain the audience with local talents. All activities are free of charge. In accordance with section 2C of the St. Lucie County Facility Use Rules and Procedures, facility rental fees cannot be waived unless approved by the Board of County Commissioners. Moreover, the event must meet the following criteria in order to be eligible for a waiver: 1. Be a St. Lucie County governmental agency or non-profit with a 501(c)(3) tax exemption, which provides a service that benefits the public and is available to all citizens of the County; or 2. The event is a fundraiser for an organization which meets the requirements in C(1)(a). Approval of the waiver is at the sole discretion of the Board of County Commissioners. Charges for staff, equipment, and supplies may not be waived by the Board. If the fee waiver is approved, the County would forgo $303.75 in facility rental fees. Additional charges will include a $250.00 refundable security deposit and a $100.00 dumpster fee charged to account string #001-7210-347221-700 (User Fees), and a $36.00 staffing fee to be charged to account string #001-7210- 347220-700 (User Fees - Non Taxable). PREVIOUS ACTION: Previous Early Coalition Family Fun Fair fee waiver requests: Packet Pg. 254 In a letter, dated January 20, 2014, the organization requested a fee waiver of the facility use fees in the amount of $337.50. In a letter, dated March 16, 2015, the organization requested a fee waiver of the facility use fees in the amount of $346.50. There is no record of a fee waiver for 2016. In a letter, dated January 13, 2018, the organization requested a fee waiver of the facility use fees in the amount of $303.75. FINANCIAL IMPACT: If the fee waiver is approved, the County would forgo $303.75 in facility rental fees. Additional charges incurred will include a $250.00 refundable security deposit and a $100 dumpster charge to account string #001-7210-347221-700 (User Fees), and a $36.00 staffing fee to be charged to account string #001-7210- 347220-700 (User Fess - Non Taxable). RECOMMENDATION: Staff recommends Board approval to waive $303.75 in facility rental fees for the Early Learning Coalition's 12th Annual Family Fun Fair, on Saturday, April 7, 2018, from gam to 3pm at Calvin R. Triplett Field. COMMISSION ACTION: Coordination/Signatures Edward Matthews, Parles & Recreatibn Director 2/2/2018 anie s. McIntyre, C my ttorney 2/6/2018 .13cuiwu �&xen� y er, De y Coutny Administrator 2/6/2018 Updated: 2/5/2018 8:51 AM by Willie Redden Page 2 Packet Pg. 255 8.M.4.a J = ;COUNTY s Estimate Date: EXHIBIT "A" ESTIMATE OF FEES VENUE: Open Space @ Lawnwood PHONE: 772-462-145 6 November 9, 2017 Event: Family Fun Fair No. of Attendees: 500 Contact Name: Jennifer Mead Fax: 772-462-2103 Event Date(s): 7-Apr-18 Event Day: Saturday Set Up/Load In: 9:00 AM - 11:00 AM Event Times: 11:00 AM - 2:00 PM Break Down/Load Out: 2:00 PM - 3:00 PM Total Event Hours: 6 hours Admission: No Organization: Early Learning Coalition of St. Lucie County Address: 584 NW University Blvd., Suite 350 Port Saint Lucie, FL 34986 Office Phone: 772-595-6424 Fax. 772-595-6081 Cell: 772-834-2430 Email: zobiei01@elcslc.org Facility Use Fee - Open Space Rate Fee Lawnwood Open Space Area 8 hour block of 10,000 sq ft area $ 405.00 Sub -total $ 405.00 Sales Tax 6.5% T/F 25% Non- Profit Discount $ (101.25) BOCC Waived Fees $ 303.75 *Equipment Use Fees Show Mobile 1 @ $350.00 per day (non-profit) Sub -rota Sales Tax 6.5% EQUIPMENT USE FEE TOTAL $ 350.00 $ 350.00 T/E $ 350.00 *Staff/Personnel (Does not include cost of any required security personnel) Event Staff 2 hours @ $18.00 per hour s 36.00 STAFF FEE TOTAL $ 36.00 *Other Fees Dumpster 1 open top $ 100.00 OTHER FEES TOTAL $ 100.00 *Security Deposit- (Refundable) SECURITY DEPOSIT TOTAL $ 250.00 TOTAL ESTIMATED CHARGES I $ 736,00 Other Requirements include but are not limited to: 1. 50% Deposit with signed Facility Use Agreement, Required Documents to Confirm Reservation. Balance due and all Required Documents due no less than 30 days prior to event to avoid cancellation. 2. Comprehensive General Liability Insurance Certificate far $1,000,000 per occurrence, $2,000,000 aggregate inname of Applicant and naming St. Lucie County BOCC, 2300 Virginia Ave, Ft, Pierce, FL 34982 as an additional Insured. 3. Proof of Security (St. Lucie County Sheriff's Department) Estimate Prepared by: Crissy Elliott Packet Pg. 256 PARKS, RECREATION & FACILITI �- -- FACILITY USE 1302 Virginia Ave. `f APPLICATION Ft. Pierce, FL 3082 Office (772) 462-2159 Fax (772) 462-2103 to N Applicant/Organization Name: Early Learning Coalition of St. Lucie County If Non-profit, please attach proof. If tax exempt, indicate ID Number Certificate of Exemption attached c a a Address: 584 NW University Blvd, Ste 350, Port St. Lucie, FL 34986 O .— a Authorized Contact Person: Jennifer Mead Title: Resource Specialist L 0 Phone: Primary (772) 595-6424 Cell (772) 834-2430 Alternate(_] 0 CL Email: zobie001(Qelcslc.org Fax: 772 595-6081 L n Event NamelDescription: Family Fun Fair Requested Event Date(s) April 7, 2018 Event Begins: 11 X AM ❑PM Ends: 2 DAM X PM Requested Load In/Set-UpDate(s): 9 AM -11 AM 4/7/18 Requested Load OutlClean Up Date(s): 2 PM-3 PM 417118 Est. time for Load In/Set-up 2 Hours Estimated time for Load Out/Clean up 1 Hours Area(s) Requested: Open Space next to Lawnwood Stadium See Schedule of Fees and Site Plan Total No. of Hours Requested, including Load in/Load out 6 Hours Total No. of Staff & Attendees 500 Open to the General Public: X Yes ❑ No Ticket Sales/Admission Fee: ❑ Yes X No Admission Cost: Purpose of Event: Business/For Profit ❑ Personal ❑ Non-ProfitlGovt. X Fundraiser ❑ Other ❑ If Fundraiser, indicate Recipient: Food/Drink Served? X Yes ❑ No If Yes, is the event to be catered? ❑ Yes X No May have 1-2 food truck(s) Please note that concessions (drinks, snacks, etc.) are provided exclusively by the St Lucie County contractor. Alcohol Served? ❑ Yes X No There may additional charges for equipment or set ups listed below. Requested Set Up: Equipment Needed? ❑ No If yes, indicate required items below. X Stage (Showmobile) ❑ Scoreboard ❑ Field Setup ❑ Locker Rooms ❑ PA system X Garbage Dumpster Items not listed will be the responsibility of the Lessee to provide. ❑ Portable Bleacher (s) ❑ Pressbox Other I understand that use is not reserved until the Signed Agreement with 50% deposit, Certificate of Insurance in name of Organization and naming St. Lucie County as an additional insured, Required Licenses and Permits for vendors, caterers, etc and Payment in Full is submitted no less than 30 days prior to event. Signature of Applicant: FOR STAFF USE ONLY: Date Received Date(s) Available ❑ Yes ❑ No Written Estimate of Fees Provided to Applicant on Attach copy of Estimate to Application. Date: 11/02/17 (Date) via ❑ Meeting ❑ Email ❑ Fax ❑ Mail Date: Signature of Employee Processing Application Packet Pg. 257 I 8.M.4.a I EARLY LEARNING COALITION OF ST. LUCIE COUNTY, INC. 584 JVW `r~lntverstty B(vd, Suite 200 C1'ort St. Lucie, {FL 34986 Phane, (7 2).595-6424 eFa,)C (772) 595-6081 Chair` January 31, 2018 Harrod Trcfetner Mr. Edward Matthews Vice-C rtfr SLC Parks & Recreation Director &ian (Bauer 2000 Virginia Avenue Fort Pierce, FL 34982 Sectary Seats boy& Theasur er oce Coe Wem6er, gt fare }in ert ikgficrson Sandy Akre ` crissa,Aronson Oirw a Caprram Linda iraff Linda l`ra(pin `Y,atitryn 9fensfey (Beverly'3f"inton ,7ennzfcr 5Vunes rjmbedy,ppberts Myrna Rvdtuez Sara Whitacre Cf 'E_VcuiiW Offeer Tony Loupe Bear Mr_ Matthews: The Early Learning Coalition of St. Lucie County has scheduled our 12's Annual Family Fun Fair at John B. Park/Lawnwood Stadium on April 7, 2018, This signature event brings families together to enjoy interactive children's activities, provides community information from over 40 community agencies, and entertains audiences with local talent. All activities are free and last year over 500 adults and children attended. The Coalition is a not -for -profit organization dedicated to serving all St. Lucie families by overseeing and funding child care programs for our county's at -risk and disadvantaged children, ages: birth to 5 years old and their school aged siblings. Additionally, we Administer the Voluntary Prekindergarten (VPK) Program for all 4-year-old children and provide child care resource and referral information to all parents or guardians requesting it. We are committed to ensuring all of St. Lucie County children achieve educational success. All coalitions are required to raise 6% of their budget from the local community. The generosity of local businesses makes the Family Fun Fair possible through their sponsorships. To keep our overall costs down for this event, we respectfully request that the required fees be waived. The savings from the fees will allow those dollars to go towards direct services for children in St. Lucie County and help the Coalition to meet our local match requirement. I have also included information for sponsorship of the event. Every non-federal dollar raised brings approximately $16 in federal dollars into St. Lucie County to provide subsidized child care assistance for eligible families. Your consideration is greatly appreciated. if you have any questions, please contact me. Sine , Anthony F,l¢rupe Chief Executive Officer CoatitTon programs are presentedin pannerAip 11C;hMmn's quithtfiet:fi(dren*s.§'miresCounrilof,�t. urwCountyx!€ andthe {'6tlition isa Vnite d``�fEay of,5t Lucie County namfieragency. uneal LIVE UNITED M#�� ir�iF 4s►.fir Packet Pg. 258 1 I 8.M.4.a I C91ir garrodTrefeCrier Vice -Chair tOrian (gaucr ,secretary ,Scan Boy(e Treasumr (Dee Coe *eMberAt %ge -Angefaz Wpberson cii<orard 9Wem6ers ,Sarnafy g f ie Terxssa_Aronson Dawn Capraro Lind, Oaff L.inciAYafpin Watftryn ,MensCey (Beverfy.tfinton Iranifcr Nunes Xjrnderfy �p6erts Wyrna P,,pdqguez Sara Wf tacre Chwf E-Vcutnv offiw Tony Loupe EARLY LEARNING COALITION OF ST. LUCIE COUNTY, INC. 584 W ` nivorsity Blvd, Suite 200 Tart ,eta Luc4e L 34986 0 flne: (772) 595-64z4 q7(772) 595-6081 Dear Community Partner, The Early Learning Coalition of St. Lucie County will host our 12"1 Annual FREE Family Fun pair on Saturday, April 7, 2018 from 11:O0 am - 2:00 pm at John B. Park/i.awnwood Stadium in Fort fierce. All activities and entertainment are free for families. This year's fun includes a bounce house, face painters, photo booth, balloon artist, costumed characters, live animals, and performances from local youth organizations. Last year, over 40 community agencies and businesses provided interactive games and resources for families and local child care providers hosted Story Stations - book reading and activities for children. Each child receives an age appropriate book to take home. The generosity of local organizations and businesses makes the Family Fun Fair possible. It is a great way to expose your business to residents, other businesses, non-profit organizations and child care practitioners. We advertise on local radio, social media and in the TC Palm newspapers. The sponsorship opportunities are attached. The Early Learning Coalition is a not -for -profit organization and your generous donation will be used to support the family Fun Fair and to enhance the School Readiness Program services for eligible children. We oversee and fiend child care programs for at -risk children from our county's weediest families and are dedicated to ensuring all of St. Lucie County children achieve educational success. For every dollar donated, the Early Learning Coalition brings in to St. Lucie County approximately $16 in federal funds to serve children. We appreciate your consideration of sponsorship for the 12" Annual FREE Family Fun Fair. If you would like additional information or have any questions, please contact Deb LaBella, 772-595-6424 or labelladtil l c o, . S' re, nthony e Chief Executive Officer Early Learning Coalition of St. Lucie County E:oarizzon programs are pivientedin patimrship Chfldmors n4tfa tfie Chirddren's.Wrtriaes Councifofst. Luck County El'i10EB and-thr Coalition is a Vnitert`Way of St- Lad.- County mem6eragency, �411iiICi1 latIfaw ':ward W*t ►, 14, kv �. 1_.t4 Packet Pg. 259 1 8.M.4.a The Early Learning Coalition of 5t Lucie County 12th Annual Family Fun Fair April 7, 2015-11 am to 2 pm John B. Park (Virginia Ave., Fort Pierce) MAM&Aft MR M go, logo * Special recognition as "Event Sponsor` with name mentioned throughout the event. * Business or name wail be mentioned as a sponsor on promotional materials, ELC webafte and Facebook page. (Logo must be submitted no later than 3/ 1/17 in order to participate in ALL promotional opportunities) * Premiere space provided (/Event Entrar")-You supply tent, table, chairs,: and a child's activity. * Display your name or business on a banner at the main entrance and mein 48go d uring the event (banners provided by yowl * Support recognition submitted to Luminaries News after the event * Listed as a Sponsor in the Early Learning Coalition Newsletter sent to over 100 local childcare providers. * Opportunity for your business to participate in the "Hanging of the Hands" event leading up to the 11ei annual Family Fun Fair. * Name will appear on a `Sponsorship' poster at the event. Gold Sponsor-$1,000 * Name will be mentioned during the event. * Business or name will be mentioned as a sponsor on promotional materials, ELC website and Facebook page, (Logos must be submitted no later than 3/1/17 in order to participate in ALL promotional opportunities) * Prime space provided. You supply tent, table, chairs, and a child's activity. * Display your name or business on a banner duringthe event (Banner provided by you). * Listed as a Sponsor in the Early Learning Coalition Newsletter sent to over 100 local childcare providers. * Opportunity for your business to participate in the "Hanging of the Bands" evert leading up to the 111" annual Family Fun Fair. * Name will appear on a "Sponsorship" poster at the event, silver Sponsor-$500. O + * Name w9l be mentioned duringthe event. * Space provided. You supply tent, table, chairs, and a child's activity. ' Listed as a Sponsor in the Early Learning Coalition Newsletter sent to over 100 local childcare providers. * Name will appear on a "Sponsorship" poster at the event Bronze Sponsor$ 100.00 + * Space provided. You supply tent, table, chairs, and a child's act * Name will appear on a large 'Sponsorship" poster at the event. * thanked in the Early Learning Coalition Newsletter sent to over 100 local childcare providers, for more Information sail Bete L&I3e11e et SOS-6424 ext 129 or *mall iabellac OlLbeiaic.rxa. Make checks payable to., Eariv Learning coa tion of St. Lucie County. gsrr>r� cr Ea r 1! Lea Str►ltrc j f - L,r,taRN EARLY, LEARN FEJR LWc. Coalition programs are presented In partnership with the Childm;i s Services Caundl of St. Lucie Cnvnty, The Coalition is a United Way of St. Lucie County member agency. The E*Oy Learninng Coafition of St. Lucie County is a 5U1(c) i�li). All contributions are tau 4eduetible as allowed by laver. Packet Pg. 260 DATE (MM(Dw 8AAa AeQiRo' CERTIFICATE OF LIABILITY INSURANCE 12/19 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the poliey(ios) must be endorsed. It SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement- A statement on this certificate does not canter rights to the certificate holder in lieu of such endorsement(s). PRODUCER Phone: (772) 492-8187 Fax: (772) 492-8192 cUNrncr Trusted Insurance Professionals, LLC LWME' _ — TRUSTED INSURANCE PROFESSIONALS, LLC P ONE 772) 492 8187 FAX {772j 492-8192 87 ROYAL PALM POINTE � Ex ` EMAIL VERO BEACH FL 32960 a .- INSURER(S) AFFORDING COVERAGE NAICff EARLY LEARNING COALITION OF ST LUCIE COUNTY, INC. 4472 OKEECHOBEE RD FORT PIERCE FL 34947 INSURER Markel Insurance Company INSURERS INSURERC INSURER D: N&JRER E INSURER F nn%[Vn AF 0G rCGTICIr`ATC MIIRMP9=P• rdd1 REVISION NUMBER - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN iSSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUC!ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. rA TYPE Of INSURANCE AWL SUER POLICYEFF POLICY£XP LIMITS POLICY NUMBERGENERAL LIAaLfrY X HUP1578-01 05101117 05101/18 EACH OCCURRENCE $ 1,000,000 DAMAGETOREMILD $ 1,000,000 X COMMERCIAL GENERAL LIARTITY PREMISES (Ea a,xurereel CLAIMS MADE :� OCCUR ! MED. EXP (Any ono person) $ 10,000 1 ^] `I PERSONAL & ADV INJURY $ 1,064,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMFT APPLIES PER: PRODUCTS - COMPIOP AGG $ 1,000,000 POLICY JPERO CT EE BENEFITS LI $ 1,000,000 L9C EMPLOY AUTOMOBILE L1AalLRr COMBINF.O SINGLE LIMIT $ I (Ea accident) _ 4�ANYAUTO I BODILY INJURY (Per person) $ SGHEDULED I- -` ALL pWNf=D `� BODILY INJURY (Per accident) $ AUTOS AUTOS HIRED AUTOS NON -OWNED PROPERTY DAMAGE $ ]AUTOS I IPefaccideatl $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ I ,. Llpg CLAMS -MADE AGGREGATEEXCESS $ DED RETENTION $OMPEAYMN $ sTAM,' aTH WORKERS VERS'NSABILI i 'TQR'LIMITS __ LR $ AND EMPLOYERS' LIABILRY ANY PROPAIETOAIPPRTNERrE%ECUTNE Y i N E.L. EACH ACCIDENT $ I OFFICERIMEMHER EXCLUDED? E.L. Di- I$£p$E-EA EMPLOYEE $ (Mandatory In NH} H yes. descnhe under E.L. DISEASE -POLICY LIMIT $ _DESCRIPTION OF OPERATIONS below .. I DESCRIPTION OF OPERATIONS/ LOCATIONS/ VE16CLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) St. Lucie County BOCC, it's officers, agents, and employees are named as additional insureds with respect to the insured's General Liability arising from the Early Learning Coalition of St. Lucie County, Inc. , Family Fun Fair, event on April 7, 2018 at the , Lawnwood Park in Fort Pierce, FL. CERTIFICATE HOLDER CANCELLATION St Lucie County BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 2300 Virginia Ave. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Fart Pierce, FL 34982 I ACCORDANCE WITH THE POLICY PROVISIONS. AUTIORIIED REPRESENTATIVE Attention-. Jacqueline K. Savell Annon utc rnnnrnc) (D 1988.2010 ACORD CORPORATION. All rights re9erved. The ACORD name and logo are registered marks of ACORE) Packet Pg. 261 ono[3uWE I1flGtlb Consumer's Certificate of Exemption Rol Issued Pursuant to Chapter 212, Florida Statutes 85-8012667441 C-4 1 01131 /2017 J 01 /31 /2022 This certifies that EARLY LEARNING COALITION OF ST LUCIE COUNTY INC ST LUCIE COUNTY INC 4472 OKEECHOBEE RD FORT PIERCE FL 34947-5405 8.M.4.a DR-14 R. 10/15 501 (C)(3) ORGANIZATION is exempt from the payment of Florida sales and use tax on real property rented, transient rental property rented, tangible personal property purchased or rented, or services purchased. 3. Important Information for Exempt Organizations DR-14 R. 10/15 You roust provide all vendors and suppliers with an exemption certificate before making tax-exempt purchases. See Rule 12A-1.038, Florida Administrative Code {FA.C.). Your Consumers Certificate of Exemption is to be used solely by your organization for your organization's customary nonprofit activities. Purchases made by an individual on behalf of the organization are taxable, even if the individual will be reimbursed by the organization. 4. This exemption applies only to purchases your organization makes. The sale or lease to others of tangible personal property, sleeping accommodations, or other real property is taxable. Your organization must register, and collect and remit sales and use tax on such taxable transactions. Note: Churches are exempt from this requirement except when they are the lessor of real property (Rule 12A-1 -070, FA.C.). S. It is a criminal offense to fraudulently present this certificate to evade the payment of sales tax. Under no circumstances should this certificate be used for the personal benefit of any individual. Violators will be liable for payment of the sales tax plus a penalty of 200% of the tax, and may be subject to conviction of a third-degree felony. Any violation will require the revocation of this certificate. If you have questions regarding your exemption certificate, please contact the Exemption omit of Account Management at 800-352-3671. From the available options, select "Registration of Taxes," then "Registration Information," and finally "Exemption Certificates and Nonprofit Entities." The mailing address is PO Box 6480, Tallahassee, FL 32314-6480. Packet Pg. 262 8.M.5 ITEM NO. (ID # 5022) AGENDA REQUEST TO: Board of County Commissioners DATE: 02/20/2018 *CONSENT AGENDA\PARKS & RECREATION PRESENTED BY: Edward Matthews, Parks & Recreation Director SUBMITTED BY: Parks and Recreation SUBJECT: Request Approval of Contract Amendment to Extend Services for Hoar Program Management Consulting Services through the Construction/ Expansion of the St. Lucie County Sports Complex BACKGROUND: On February 7, 2017, St. Lucie County executed contract No. C17-02-425 with HPM for Development Manager/Program Manager Consulting Services relating to the design, development, renovation, and construction of the St. Lucie County Sports Complex. The services under this contract were separated into two (2) phases, Phase 1 being the Design Review Phase with an approved fee schedule of $197,850 and Phase 2 being the Construction Phase with subsequent Addendum to follow the Design Review Phase. The current approved fee schedule for the Design Review Phase runs through February 28, 2018. Staff recommends that the Board approve a contract amendment of $796,270 for the continued Program Management services by HPM for one (1) additional month of the Design Review Phase and the entirety of the Construction Phase for the $55 Million construction and expansion of the St. Lucie County Sports Complex through June of 2019. Funds are available as follows: $670,000 from the Sports Complex Reserves 190-9910-599300-800, and $126,270 from the Sports Complex Improvement fund Infrastructure 362-7210-563000-107607. PREVIOUS ACTION: On February 7, 2017, the Board approved the contract negotiation and execution of program management services with Hoar Program Management (HPM) for Development/Program Manager Consulting Services relating to the construction/ expansion of the St. Lucie County Sports Complex. FINANCIAL IMPACT: The total amount of $796,270 in funds are available as follows: $670,000 from the Sports Complex Reserves 190-9910-599300-800 $126,270 from the Sports Complex Improvement Fund Infrastructure 362-7210-563000-107607 RECOMMENDATION: Staff recommends Board approval for the proposed contract amendment of $796,270.00 with Hoar Packet Pg. 263 8.M.5 Program Management (HPM) for the continued Program Management services for one (1) additional month of the Design Review Phase, and the entirety of the Construction Phase for the $55 Million construction and expansion of the St. Lucie County Sports Complex through June of 2019. COMMISSION ACTION: Coordination/Signatures Edward Matthews, Parr & n ecreat Director 2/2/2018 4aniieYS. McIntyre, C my ttorney 2/5/2018 �Bjw L .13y er, DepAy Coutny Administrator 2/5/2018 Updated: 2/5/2018 3:34 PM by Katrina Slay Page 2 Packet Pg. 264 1 /25/2018 Mr. Ed Matthews Director of Parks and Rec St. Lucie County, FL Re: Extension of Services and Addition of Construction Monitoring Ed, HOAR PROGRAM MANAGEMENT Tampa, FL Thanks for allowing Hoar Program Management (HPM) the opportunity to partner with St. Lucie County on the renovation of the Mets Spring Training Facility. We have truly enjoyed getting to know you and your team while we have supported you through the Design Management phase of the project. As we near the end of Design Management, I wanted to provide you with a proposal for consideration to extend our Design Management services through the month of March 2018. As you are aware our current contract runs out at the end of February and 100% CD's are not scheduled to be available from the design firm until March 01st. We feel that HPM and our consultant team can continue to bring value to the County, as we already have, through the end of the design process. In addition to the extension of our current services, I have constructed a proposal that would maintain my team's engagement through the term of the construction project as was originally intended and solicited for by the County in their RFQ process where HPM was successfully chosen as the County Representative. This construction monitoring service would begin on April 01 st, 2018 to coincide with groundbreaking by the CM and would continue through April 2019 with reduced representation during the Close Out Phase of May and June 2019. The scope as it relates to the Construction Phase is detailed in this proposal and is taken directly from the RFQ that was issued by the County. I have also included a staffing matrix that details your support team and our proposed level of engagement by each member of the team as it relates to their area of expertise. The staffing matrix defines the proposal pricing inclusive of the extension of design management services, addition of construction management services, and maintains our involvement through closeout to ensure that the contractors submit to the county all required documentation for you to accept ownership of and begin maintenance on the facility. I look forward to discussing this proposal with you in detail at your convenience. Thanks, Alan Butler Birmingham / Charlotte / Dallas / Houston / Huntsville / Mobile / Tampa Packet Pg. 265 HPM Scope of Services St. Lucie County 8.M.5.a PHASE RFQ ITEM TASK SUBTASK Resource 1 Resource 2 Resource 3 Resource 4 Resources Participate on County's behalf at OAC meetings, job meetings, Jimmy Construction 1 Alan Butler Pierre Archaud Gina Berry Bill McBridf and review and comment on minutes Burchard Evaluate and comment on recommendations to County on the Jimmy Construction K appropriate delivery method and options for the sports complex Alan Butler Jared Scheeter Burchard Gina Berry Pierre Archai and participate in prequalifying and selection of contractors. Coordinate with SFS and participate in negotiation on County's behalf with selected contractor on contract terms and Jimmy Construction M conditions, GMP, and all components including fee, GC's, Alan Butler Jared Scheeter Burchard preconstruction services, and insurance and bonding Monitor SFS and contractor in the procurement of all trade work Jimmy Construction N and supplies and report to County Alan Butler Burchard Pierre Archaud Coordinate with SFS and contractor on procurement of all trade Jimmy Construction O contractor and supplies and report to County on results Alan Butler Burchard Robette Beard Pierre Archaud Participate with SFS in the evaluation and negotiation of change Jimmy Construction P Alan Butler Gina Berry Bill McBride Robette Beai orders and claims Burchard Monitor the procurement of all furnished FF&E including Jimmy Construction Q Alan Butler Gina Berry Bill McBride Pierre Archat baseball specific items Burchard Monitor the planning and implement the transition,occupanty Jimmy Construction R and commissioning of all improvements. Alan Butler Burchard Pierre Archaud Monitor and provide input on the design and construction of all Jimmy Construction S Alan Butler Gina Berry Bill McBride aspects of the project Burchard Monitor and provide input on architecture and engineering on Jimmy Construction T building, building systems including architectural material Alan Butler Burchard Gina Berry Bill McBride selection Monitor and provide input on vendor review and comments on Jimmy Construction U project. Specific elements including food service, concessions, Alan Butler Burchard Gina Berry AV/IT and broadcast facilities Jimmy Construction V Monitor RFI logs Alan Butler Gina Berry Bill McBride Robette Beai Burchard Review and monitor all applicable reports including schedule and Jimmy Construction W budget updates or weekly activity reports provided by Alan Butler Burchard Robette Beard Pierre Archaud consultants Monitor and provide input on the integration of operational, Jimmy Construction X food service, and maintenance staff during start up and pre- Alan Butler Burchard Pierre Archaud opening phases Monitor and provide input on development / completion of Jimmy Construction y Alan Butler Gina Berry Bill McBride punch list items Burchard Monitor and provide input on the closeout of all contracts and Jimmy Closeout Zl development of as built files Alan Butler Burchard Robette Beard Pierre Archaud Direct and coordinate the Closeout Z2 assembly of all warranties and Alan Butler Jimmy Robette Beard Pierre Archaud O&M manuals Burchard Any other responsibilities generally consistent with those listed General AA above and related to the design, development, and construction as assigned by the County Page 1 of 1 Packet Pg. 266 HPM Staffing Matrix St. Lucie County 8.M.5.a Year 2018 2018 Month Name Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Month # 1 2 3 4 5 6 7 8 9 10 11 Overall Project Design Construction (with Phased Access and Commissioning) (13 months) Staffing 2019 Feb Mar Apr May Jun 12 13 14 15 16 Closeout Project Executive Jared Scheeter Design Construction (10% every other month) TOTALS $ 31,000 Travel $ 3,100 $ Is $ 3,100 $ Is $ 3,100 $ Is - $ 3,100 $ Is $ 3,100 $ 15,500 $ 7,500 $ 1,500 $ Is $ 1,500 $ Is $ 1,500 $ Is $ 1,500 $ Is 1,500 Alan Butler 25% Construction (15%) Closeout (15%) Sr. Program Manager $ 32,000 Travel $ 8,000 $ 4,800 $ 4,800 $ 4,800 $ 4,800 $ 4,800 $ 4,800 $ 4,800 $ 4,800 $ 4,800 $ 4,800 $ 4,800 $ 4,800 1 $ 4,800 $ 4,800 $ 75,200 $ 13,500 $ 1,500 $ 1,500 $ 1,500 $ 1,500 1 $ 1,500 1 1 $ 1,500 $ 1,500 $ 1,500 $ 1,500 Pierre Archaud 25% Construction (50%) Closeout (50%) Project Manager $ 25,000 $ 6,250 12,500 $ 12,500 $ 12,500 $ 12,500 $ 12,500 $ 12,500 $ 12,500 $ 12,500 $ 12,500 $ 12,500 $ 12,500 $ 12,500 $ 12,500 $ 12,500 $ 193,750 Travel $ 1,500 "12,500 1,500 1 $ 1,500 $ 1,500 1 $ 1,500 $ 1,500 $ 1,500 $ 1,500 1 $ 1,500 $ 1,500 1 $ 1,500 $ 1,500 1 $ 1,500 $ 2,250 $ 23,250 Jimmy Burchard 50% Construction (50%) Closeout (50%) Program Manager / Design Manager (MEP) $ 28,000 $ 14,000 $ 14,000 $ 14,000 $ 14,000 $ 14,000 $ 14,000 $ 14,000 $ 14,000 $ 14,000 $ 14,000 $ 14,000 $ 14,000 $ 14,000 $ 14,000 $ 14,000 $ 14,000 $ 224,000 Travel Design Manager (Arch.) Gina Berry 25% Construction (20%) (2 days every other week) $ 75,320 $ 28,000 $ 7,000 $ 5,600 $ 5,600 $ 5,600 $ 5,600 1 $ 5,600 $ 5,600 $ 5,600 $ 5,600 $ 5,600 1 $ 5,600 1 $ 5,600 1 $ 1,120 1 $ 5,600 Travel $ 750 $ 1,500 $ 1,500 $ 1,500 $ 1,500 1 $ 1,500 $ 1,500 $ 1,500 $ 1,500 $ 1,500 1 $ 1,500 1 $ 1,500 1 $ 1,500 1 $ 1,500 $ 20,250 Design Manager (Civil / Landscape) Bill McBride 10% Construction (20%) (2 days every other week) $ 75,600 $ 28,000 $ 2,800 $ 5,600 $ 5,600 $ 5,600 $ 5,600 $ 5,600 $ 5,600 $ 5,600 $ 5,600 $ 5,600 $ 5,600 $ 5,600 $ 5,600 $ 5,600 Travel $ 750 $ 1,500 $ 1,500 $ 1,500 $ 1,500 $ 1,500 $ 1,500 $ 1,500 $ 1,500 $ 1,500 $ 1,500 $ 1,500 $ 1,500 $ 1,500 $ 20,250 Constructability Review / OAQC TBD 10% Construction (10%) Every Other Month (1 day every other month) $ 25,600 $ 32,000 $ 3,200 $ 3,200 $ 3,200 $ 3,200 $ 3,200 $ 3,200 $ 3,200 $ 3,200 Travel $ 1,500 $ 1,500 1 Is 1,500 1 $ 1,500 1 Is 1,5o0 1 $ 1,500 1 Is 1,500 $ 10,500 Sr. Preconstruction Manager / Cost Validation Ivy Mitchell 25% $ 6,000 $ 1,500 $ 24,000 Travel $ 6,000 $ 1,500 Administrative Assistant / Project Controls Robette Beard Construction (5%) Closeout (15%) $ 8,550 $ 9,000 $ 450 $ 450 $ 450 $ 450 $ 450 $ 450 $ 450 $ 450 $ 450 $ 450 $ 450 $ 450 $ 450 $ 1,350 $ 1,350 Proposal Total $ 796,270 By Phase Break Out: $ 45,750 Design Mgmt thru CD release and review $ 7,500 Estimating - Cost Validation $ 678,770 Construction Mgmt / Quality Control $ 64,250 Closeout $ 796,270 All travel and reimbursables included, no additional billings, up to HPM to manage within these constraints N N 0 U1 0 N r 0 00 r 0 N R rri Q Page 1 of 1 Packet Pg. 267 8.M.5.b ITEM NO. (ID # 4122) TO: PRESENTED BY: SUBMITTED BY: AGENDA REQUEST Board of County Commissioners Daniel S. McIntyre, County Attorney DATE: 02/07/2017 L 0 a *CONSENT AGENDA\COUN1 J E E Q r 0 c 0 U a x SUBJECT: Request for Qualifications (RFQ) No. 16-049, Development/Program C,; Manager Consulting Services for Construction of the St. Lucie County Sports Complex o c a� BACKGROUND: X a On July 29, 2016, responses to RFQ No. 16-049, were opened. Six proposals were received; 629 0 companies were notified and 43 RFQ documents were distributed. L) 0 The purpose of this Request for Qualifications is to identify and hire the most highly qualified0. Development Manager / Program Manager for Consulting Services relating to the design, development, �o renovation and construction of the St. Lucie County Sports Complex. E a� The Project contemplates the design and construction of improvements to the Sports Complex including E stadium amenity, concourse, and vertical transportation upgrades; a new outfield walkway to create a 360-degree concourse experience; a new artificial turf playing field, new covered batting cages, and other ° a practice facilities enhancements; little league/softball complex; new Mets player academy facilities with 50-60 dorm rooms, recreation and study spaces, and dining hall; new major and minor league team o clubhouses including weight and training rooms and a 200-seat shared auditorium; offices and conference space for major league, minor league, and Florida operations staff; and parking and loading facilities to z0 serve the aforementioned improvements. a On September 22, 2016, the selection committee evaluated and ranked the proposals that were received. N The short-listed firms in order of ranking were as follows: c 1. Skanska USA Building, Inc. - Maitland, Florida 0 a� 2. Marc Taylor, Inc - West Palm Beach, Florida Q 3. HPM -Tampa, Florida L6 On December 6, 2016, the Board of County Commissioners approved the short-list and gave permission to County Attorney 0 conduct discussions/presentations with the short-listed firms. E �a r w Q Packet Pg. 268 8.M.5.b On January 26, 2017, the short-listed firms were invited to present their presentations to the selection committee. Following the presentations and question and answer sessions, the selection committee met to reevaluate and re -score the Proposers in accordance with the terms of the RFQ. The short-listed firms in order of final ranking and their final scoring is as follows: 1. HPM - 563 2. Skanska USA - 553 3. Marc Taylor, Inc - 539 On January 27, 2017, staff received the attached letter from Skanska. Staff is not aware of any issues that would require further discussions with the firms and therefore, staff is requesting permission to conduct contract negotiations with the successful short-listed firm, HPM. If the Board determines to conduct further discussions, staff recommends that the Board conduct discussions with all 3 firms - not just Skanska. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board approval of the short-listed firm for Development/Program Manager Consulting Services relating to the construction of the St. Lucie County Sports Complex and permission to: • Conduct contract negotiations with HPM, the successful short-listed firm; • If negotiations are successful, award contract to the successful short-listed firm and authorization for the Chairman to sign the documents as prepared by the County Attorney; • If staff is unable to negotiate a satisfactory contract with the highest ranked firm, negotiations with that firm shall be terminated and staff shall attempt to negotiate a contract with the second ranked firm. COMMISSION ACTION: Updated: 2/2/20174:49 PM by Katrina Slay Page 2 Packet Pg. 269 8.M.5.b RESULT: MOVER: SECONDER: ADOPTED BY CONSENT VOTE [UNANIMOUS] Tod Mowery, District No. 2, Vice -Chairman Linda Bartz, District No. 3 Dzadovsky, Mowery, Bartz, Hutchinson, Townsend Coordination/Signatures Danie S. McIntyre, ctty ttorney 2/1/2017 Fr' mtie Hutchinson, District o. 4 2/7/2 7 Updated: 2/2/20174:49 PM by Katrina Slay Page 3 Packet Pg. 270 8.M.S.c C�1-02-�a - 3"N ST. LUCIE COUNTY CONTRACT DOCUMENTS HOAR PROGRAM MANAGEMENT ' RFQ No. 16-049 DEVELOPMENT MANAGER/PROGRAM MANAGER ' CONSULTING SERVICES RELATING TO THE DESIGN, DEVELOPMENT, RENOVATION AND CONSTRUCTION OF THE ST. LUCIE COUNTY SPORTS COMPLEX Packet Pg. 271 8.M.5.c CONTRACT FOR DEVELOPMENT MANAGER / PROGRAM MANAGER CONSULTING SERVICES This Contract is made as of the day of �� 2017, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, here'in'atter referred to as the "County", and HOAR PROGRAM MANAGEMENT, hereinafter referred to as "HPM" or "Consultant". WHEREAS, pursuant to Sections 255.103 and 287.055, Florida Statutes, the County advertised the Request for Qualifications (RFQ No. 16-049) seeking Development Manager / Program Manager Consulting Services ("Services") relating to the Design, Development, Renovation and Construction of the St. Lucie County Sports Complex ("Project") (Exhibit"1") ; and, WHEREAS, on December 20, 2016, the County issued its Addendum to RFQ No. 16-049 providing that the Selected Consultant "shall serve as the County's Program Manager for the development of the Sport's Complex, coordinating with and overseeing the work performed by Sterling Financial Services, and the Architect and Contractor, with Consultant as the County's primary representative" (Exhibit 72"'); and WHEREAS, at the regularly scheduled meeting on '7 1 1-7 The Board of County Commissioners approved the ranking of shortlisted proposers and granted permission to negotiate a contract, and authorized the execution of an agreement for Program Manager Consulting Services between County and Consultant hereinafter referred to as "Contract"; and, WHEREAS, on (insert date) the County and the State of Florida, Department of Economic Opportunity ("DEO") entered into the Spring Training Program Agreement ("Grant Agreement") related to the County's planning, design, funding, and construction of the St. Lucie County Sports Complex, among other things (Exhibit "r3"); and, WHEREAS, the Consultant is willing and able to render the Program Manager Services for the compensation and on the terms hereinafter set forth. NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants, agreements, terms, and condition contained herein, do agree as follows: 1. RECITALS The Recitals and all Exhibits set forth above are fully incorporated into the Contract by reference. 2. SERVICES The Consultant's responsibility under this Contract is to provide Program Manager Consulting Services for the Project, only as authorized by County, as set forth in Exhibit 4 "HPM Scope of Services." These Services shall be phased in the following manner: Task 1— Design/Bidding (per this Agreement) Task 2 — Construction (per subsequent Addendum) TERM LO N 17 N O r- U Packet Pg. 272 8.M.5.c The Consultant shall be available to commence services immediately upon execution of this Agreement, start date in the sole discretion of County. The award of Task 2 Services shall be in the sole discretion of County. 4. TIME OF PERFORMANCE The Services shall be completed in accordance with Exhibit 5, "HPM Staffing Matrix'. It is mutually agreed between the parties hereto that time is of the essence in the performance of this Contract. The Consultant is committed to achieve the project schedule as identified in Exhibit 5 — "HPM Staffing Matrix." Start date of the Services shall be in the discretion of the County, with the estimated 7- month schedule commencing on County directive. The duration of the Services, and the estimated corresponding fees may be revised by County to correlate to the final design schedule by the Architect of Record. 5. COMPENSATION The Consultant shall be compensated for all services satisfactorily completed and costs incurred ' in accordance with Exhibit 5 — "HPM Staffing Matrix" on a monthly lump sum basis as set forth in Exhibit "5". The monthly lump sum rate is comprised of a discounted hourly rate basis, with undiscounted rates set forth in Exhibit "5" for any additional work of a shorter duration, unless the parties agree otherwise. All invoices presented to the County for payment shall be on a Request for Payment form approved by the County. ' Payments shall be made monthly, not later than thirty (30) calendar days after presentation of Consultant's invoice to County. Payments due to Consultant that are unpaid for more than thirty (30) days from date of Consultant's invoice shall bear interest at the rate of one percent (1%) per month from the due date. If County has no objection to the Consultant's invoice but fails to make payment due within thirty (30) calendar days from the Payment Date, Consultant may, after giving seven (7) calendar days' written notice to County, suspend services under this Contract until Consultant has been paid in full all amounts due for services, expenses and Additional Sources, as permitted under this Contract. 6. GENERAL CONDITIONS ' A. It is understood and agreed that the Consultant's services under this Contract do not include participation, whatsoever, in any litigation. Should such services be required, a supplemental Contract may be negotiated between the County and the Consultant describing the services desired and providing a basis for compensation to the Consultant. B. Upon the Consultant's written request, the County will furnish or cause to be furnished ' such reports, studies, instruments, documents, and other information as the Consultant and County mutually deem necessary; and the Consultant may rely upon same in performing the services required under this Contract. C. Upon completion of the project, but before Final Payment is made, the Consultant shall participate in completing a Consultant Evaluation Form. No request for final payment I shall be considered proper and complete until this evaluation process is completed by the Consultant and the County. LO N 17 N O r- U Packet Pg. 273 8.M.5.c 7, TRUTH -IN -NEGOTIATION CERTIFICATE 2 0 Execution of this Contract by Consultant shall act as the execution of as truth -in -negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this 0 Contract are accurate, complete and current at the time of execution of the Contract. The original Contract axi a ' rates and any additions thereto shall be adjusted to exclude any significant sums by which County E 0 determines the Contract rate(s) was increased due to inaccurate, incomplete, or non -current wage rates v 0 and other factual unit costs. All such rate adjustments shall be made within one year following the end _ ' of this Contract. cq 8. DEFAULT/TERMINATION � A. FOR CAUSE }, c If either party fails to fulfill its obligations under this Contract in a timely and proper 0 E manner, the other party shall have the right to terminate this Contract by giving written notice of any a� deficiency and by allowing the party in default fourteen (14) calendar days to correct the deficiency. If the E a ' defaulting party fails to correct the deficiency within this time, this Contract shall terminate at the expiration of the fourteen (14) calendar day time period. i c With regard to the Consultant, the following items shall be considered a default under 0 U this Contract: 2 a (1) If the Consultant should be adjudged bankrupt, or if he, or it, should make acm = general assignment for the benefit of his, or its, creditors, or if a receiver should be appointed on cm 0 account of his, or its, insolvency. !0 LO N (2) If the Consultant should persistently or repeatedly refuse or fail, except in cases c for which an extension of time is provided, to provide the services contemplated by this Contract. r r(3) c) r If the Consultant disregards laws, ordinances, or the instructions of the Project L Manager or otherwise is guilty of a substantial violation of the provisions of the Contract. _ 0 In the event of termination, the Consultant shall only be entitled to receive payment for work v ti satisfactorily completed prior to the termination date. y B. WITHOUT CAUSE County may terminate the Contract without cause at any time upon thirty (30) calendar days prior written notice to the Consultant. In the event of termination, the County shall compensate the Consultant for all authorized work satisfactorily performed through the termination date. In no event shall Consultant be entitled to any other compensation on a termination without cause, including any lost profits or loss of opportunity. 9. SUB -CONSULTANTS AND SUBCONTRACTORS HPM intends to use sub -consultants as identified below: 1. OCI Engineering —Jimmy Burchard 2. Gina Berry Collaborative —Gina Berry 3 Packet Pg. 274 8.M.5.c 3. FTE Inc.l— Bill McBride If a sub -consultant fail to perform or make progress, as required by this Contract, and it is necessary to replace the sub -cc nsultant to complete the work in a timely fashion, the Consultant shall promptly do so, subject to acce tance of the new sub -consultant by the County. The substitution of a subcontractor shall not be ade uate cause to excuse a delay in the performance any portion of this contract as set forth in the Scoi3e of Work. The Consultant, its sub consultants, agents, servants, or employees agree to be bound by the Terms and Conditions of this Co tract and its Contract with the sub -consultant for work to be performed for the County the Consultant must incorporate the terms of this contract. 10. The County is exempt The County will sign an not be exempted from paying with the County, nor is the Con such materials. The Consultant shall be payroll taxes, and benefits with 11. INSURANCE The Consultant shall pr and subject to the limits set fo this insurance in the form of Ce adequacy. The County shall I respect to all claims arising o additional insured and shall re insured as respects cancellatio CERTIFICATE OF INSURANCE. of the Consultant to ensure t contained herein relating to su Except as otherwise st minimum requirements: A. WORKERS' COI i. Cover'c Compe by the I endors (NCCI restrict the pol payment of Florida State Sales and Use Taxes. Kemption certificate submitted by the Consultant. The Consultant shall les tax to its suppliers for materials used to fulfill contractual obligations iltant authorized to use the County's Tax Exemption Number in securing ible for payment of its own and its share of its employees' payroll, to this Contract. cure and maintain during the life of this Contract insurance of the types h below. The Consultant shall also provide the County with evidence of tificates of Insurance, which shall be subject to the County's approval for an Additional Insured on policies of Commercial General Liability with t of the work performed under this Contract. The County shall be an eive the same notification rights that are provided to the first named and nonrenewal. .THIS ENDORSEMENT MUST BE INSERTED ONTO THE sub -consultants are used by the Consultant, it shall be the responsibility at all its sub -consultants comply with all the insurance requirements i sub -contractors. the amounts and types of insurance shall conform to the following (WC/EL) e shall be no more restrictive than that provided by the standard Workers sation And Employers Liability Insurance Policy, as filed for use in Florida ational Council on Compensation Insurance (NCCI), without any restrictive -rents other than the Florida Employers Liability Coverage Endorsement orm WC 09 03), those which are required by the State of Florida, or any e NCCI endorsements which, under an NCCI filing, must be attached to y (i.e., mandatory endorsements). In addition to coverage for the Florida ' Compensation Law, where appropriate, coverage is to be included for 4 Packet Pg. 275 8.M.5.c the Federal Employer's Liability Act, and any other applicable Federal or State law. ii. The minimum amount of coverage (inclusive of any amount provided by an umbrella or excess policy) shall be: Part One: "Statutory" Part Two: $500,000 Each Accident $500,000 Disease - Each Employee $500,000 Disease - Policy Limit B. COMMERCIAL GENERAL LIABILITY (CGL) i. The minimum limit (inclusive of any amount provided by an umbrella or excess policy) of CGL coverage must be a total of $5 million per occurrence/$5 million annual aggregate. ii The CGL shall not include any exclusion for liability resulting from operations performed by subcontractors, including, but not limited to, exclusions for damage to work performed by subcontractors such as, or similar to, ISO Exclusion CG 22 94 or Exclusion 22 95. I. Products and Completed Operations in the minimum amount of $5,000,000.00. C. COMMERCIAL AUTO LIABILITY (AL) i. The minimum limit (inclusive of any amount provided by an umbrella or excess policy) of AL coverage must be $5 million per accident. ii. Coverage shall include all owned, non -owned and hired autos used in connection with the Project. cm 0 D. PROFESSIONAL LIABILITY (PL) !0 i. The minimum limit (inclusive of any amount provided by an umbrella or excess v policy) of PL coverage must be $1 million per claim/$1 million annual aggregate. c E: OTHER INSURANCE PROVISIONS r The General Liability policy shall contain, or be endorsed to contain, the following provisions: v r 1. The County, its Officers, Officials, Employees, Agents, and Volunteers are to be L covered as additional insureds for any and all liability arising out of the Consultant's performance = 0 of this Contract, or out of automobiles owned, leased, hired, or borrowed by the Consultant. The v ti coverage shall contain no special limitations on scope of protection offered to the County, its y Officers, Officials, Employee, Agents and Volunteers. 2. The Consultant's insurance coverage shall be primary insurance as respects the County, its Officers, Officials, Employees, Agents and Volunteers for Consultant's activities. Any insurance or self-insurance maintained by the County, its Officers, Officials, Employees, Agents, or Volunteers shall be in excess of the Consultant's insurance and shall not contribute with it. 5 Packet Pg. 276 8.M.5.c 3. Any failure to comply with the reporting provisions of the policy shall not effect coverage provided to the County, its Officers, Officials, Employees, Agents, or Volunteers. 4. The Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of insurer's liability. 5. The policy must be endorsed to provide the County a minimum of thirty (30) calendar days written notice prior to cancellation. 12. DAMAGES County shall be entitled to seek and recover all actual and consequential damages arising from a breach by Consultant of this Contract and any professional standards governing its Services, up to the maximum limits of insurances specified in Article 10; except that, no limitations of damages apply to any claims subject to the indemnity requirements in Article 13 and any claims for personal injury or death. 13. INDEMNIFICATION The Consultant covenants and agrees at all times to indemnify and hold harmless the County, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant and other persons employed or utilized by the Consultant in the performance of this Contract. The Consultant hereby acknowledges that the payments made under this Contract include specific consideration for the indemnification herein provided. It is the specific intent of the ' parties hereto that the foregoing indemnification complies with Florida Statute 725.08 (Chapter 725). 14. ASSIGNMENT rThe County and Consultant each binds itself and its successors, legal representatives, and assigns to the other party to this Contract and to the partners, successors, legal representatives, and permitted assigns of such other party, in respect to all covenants of this Contract; and, neither the County nor the Consultant will assign or transfer its rights and obligations in this Contract without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body that may be a party hereto. The Consultant agrees that the persons named in the scope of work shall provide services as described therein. The services of the persons) so named are a substantial inducement and material consideration for this Contract. In the event such persons can no longer provide the services required by this Contract, the Consultant shall immediately notify the County in writing and the County may elect to terminate this Contract without any liability to the Consultant for unfinished work product. The County may elect to compensate the Consultant for unfinished work product, provided it is in a form that is sufficiently documented and organized to provide for subsequent utilization in completion of the work product. 15. PUBLIC RECORDS When the Consultant receives any request to inspect or copy any records that relate to this Contract, it shall promptly provide the County with a copy of the request. The County will respond to each such request on behalf of itself and the Consultant and the Consultant agrees to fully cooperate with the ' County with regard to all records requests and comply with all decisions made by the County regarding 6' LO N N O ti U ' Packet Pg. 277 8.M.5.c the production/disclosure. Specifically, the Consultant shall: ' (a) Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed the cost provided in state law or as otherwise provided by law. (c) ® Except as authorized by law, ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed for the duration of the Contract, as well as following completion or termination of the Contract if the Consultant does not transfer the records to the County. (d) Meet all requirements for retaining public records and transfer, at no cost, to the County all public records in possession of the Consultant upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from. public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology system of the County. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER = 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC N RECORDS RELATING TO THIS CONTRACT, THE CONSULTANT MUST CONTACT THE 40 COUNTY'S CUSTODIAN OF PUBLIC RECORDS, WHO CAN BE REACHED AT (772)462- LO N 1441; BellamyS@stiucieco.org; OR rr ST. LUCIE COUNTY ATTORNEYlS OFFICE" 2300 N VIRGINIA AVENUE, FORT PIERCE, FL 34982. o U The Consultant shall include provisions in accordance with this Article, chapter ' 119, F.S., and all applicable Florida public records laws, including the forgoing paragraph in 14-point bold font, in all agreements, assignments, leases, contracts, c i and subcontracts, executed or amended, related to, in connection with, or in furtherance of this Contract. 16. CONFLICT OF INTEREST The Consultant represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Section 112.311, Florida Statutes. The Consultant shall disclose the name of any officer, director, employee, or other agent of the Consultant who is also an employee of the County or the State. The Consultant shall disclose to the County the name of any Consultant employee or agent who owns, directly or indirectly, more than 5 percent of the total assets or capital stock of the Consultant and any business entity or its affiliates receiving funds from this Contract. The Consultant further represents that no person having any interest shall be employed for said performance. The Consultant shall promptly notifythe County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other 7 Packet Pg. 278 8.M.5.c 5 I I circumstance that may influence or appear to influence the Consultant's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Consultant may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Consultant. The County agrees to notify the Consultant of its opinion by certified mail within thirty (30) calendar days of receipt of notification by the Consultant. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Consultant, the County shall so state in the notification and the Consultant shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Consultant under the terms of this Contract. The Consultant shall insert a provision in accordance with this Article and the applicable Florida Statutes in all agreements, assignments, leases, contracts, and subcontracts in connection with or related to this Contract that are either amended or executed after the effective date of the Grant Agreement. 17. EXCUSABLE DELAYS (FORCE MAJEURE) Neither party shall be liable to the other for failure to perform its obligations hereunder if and to the extent that such failure to perform results from causes beyond its reasonable control (financial difficulty shall not be considered a cause beyond a party's control), all of which causes herein are called "Force Majeure", including, but without being limited to, strikes, lockouts, or other industrial disturbances; fires; unusual climatic conditions; acts of God; acts of a public enemy; or inability to obtain transportation or necessary materials in the open market. Provided, however, that market conditions, labor conditions, construction industry price trends and similar matters that normally affect the bidding process shall not be considered a Force Majeure. The party unable to perform as a result of force majeure promptly shall notify the other of the beginning and ending of each such period, and County shall compensate Consultant at the rates set forth herein, forthe services performed by Consultant hereunder, up to the date of the beginning of such period. If any period of force majeure continues for thirty (30) calendar days or more, either party shall have the right to terminate this Contract upon ten (10) days prior written notice to the other party. 18. PLEDGE OF CREDIT, ARREARS The Consultant shall not pledge the County's credit or make it a guarantor of payment of surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Consultant further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Contract. 19. DISCLOSURE AND OWNERSHIP OF DOCUMENTS All original sketches, tracings, drawings, computations, details, design calculations, and other documents and plans that result from the Consultant's services under this Contract are and remain the property of the County as instruments of service. The Consultant shall furnish copies to the County upon completion of such documents. LO N v N 0 ti U Packet Pg. 279 8.M.5.c IJL 1 The County shall, at no additional expense, be furnished one (1) set of reproducible copies of any maps and/or drawings prepared for it by the Consultant. Consultant shall likewise submit copies of all field notes, calculation sheets and computer discs to the County. 20. INDEPENDENT CONSULTANT RELATIONSHIP The relationship of the Consultant to the County will be solely that of a consultant. The Consultant is an independent Consultant and is not an employee or agent of the County, the DEO or the State of Florida. Nothing in this Contract shall be interpreted to establish any relationship other than that of an independent Consultant, between the County and the Consultant, its employees, agents, subcontractors, or assigns, during or after the performance of this Contract. The Consultant will provide the professional and technical services required for the successful completion of this Contract in accordance with practices generally acceptable within the industry and good ethical standards. 21. VERIFICATION OF EMPLOYMENT STATUS The Consultant agrees that it shall bear the responsibility for verifying the employment status, under the Immigration Reform and Control act of 1986, of all persons it employs in the performance of this Contract: 22. PROHIBITION AGAINST CONTINGENT FEES The Consultant warrants that it has not employed or retained any company or person, other than a c bonafide employee working solely for the Consultant, to solicit or secure this Contract, and that he has �n not paid or agreed to pay any persons, company, corporation, individual or firm, other than a bonafide N employee working solely for the Consultant, any fee, commission, percentage, gift or any other q consideration, contingent upon or resulting from the award of making this Contract. o 23. AUDIT U The Consultant agrees that the County or any of its duly authorized representatives shall, until the expiration of three years after expenditure of funds under this Contract, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Consultant involving transactions related to this Contract. The Consultant agrees that payment(s) made under this Contract shall be subject to reduction for amounts charged thereto which are found on the basis of audit examination not to constitute allowable costs under this Contract. The Consultant shall refund by check payable to the County the amount of such reduction of payments. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or three years after completion of the project and issuance of the final certificate, whichever is later. Specifically, the Consultant agrees that the County shall have audit rights pursuant to Exhibit 'T' Attachment A, Audit Requirements, as applicable. (a) The Consultant shall retain and maintain all records so as to sufficiently and properly reflect all expenditures of funds distributed under this Contract, in accordance with generally accepted accounting procedures and practices. Records shall include, but are not limited to, independent auditor working papers, notes, books, vouchers, bills, invoices, requests for payment, receipts, and other supporting, source documentation, including electronic storage media. Such records shall be subject at all times to inspection, review, and audit by, as well as transfer to, representatives of the County, DEO, the Chief Financial Officer of the State of Florida, the Auditor Packet Pg. 280 8.M.5.c General of the State of Florida, the Florida Office of Program Policy Analysis and Government Accountability, or representatives of the Federal government and their duly authorized representatives upon request. (b) The Consultant agrees to comply with all applicable audit requirements of section 215.97, F.S., and those found in Attachment A, Audit Requirements; and, if an audit is required, the Consultant shall disclose all related transactions to the County. (c) The Consultant shall maintain and retain all records, financial records, supporting documents, statistical records, and any other documents, including electronic storage media, pertinent to this Contract, as well as all financial records related to funds paid by the County to any parties for work on the matters that are the subject of this Contract, in accordance with the record retention requirements of Part V of Attachment A, Audit Requirements. The Consultant shall cooperate with DEO to facilitate the duplication and transfer of such records or documents upon request of DEO. (d) If applicable, the County shall submit a written independent audit report to DEO specifically covering the period of Contract expenditures pursuant to sections 215.97 and 11.45, F.S., and other relevant laws. (e) The Consultant must provide copies of any audit referencing this Contract, the audit transmittal r c letter, and any response to such audit to the County within fifteen (15) calendar days of receipt 0 U by the Consultant. a (f) The Consultant will comply with section 20.055(5), F.S., including, but not limited to, the duty ofCM = the Consultant, to cooperate with the Inspector General in any investigation, audit, inspection, CM 0 review, or hearing pursuant to section 20.055, F.S. The Consultant agrees to reimburse the `0 County for the reasonable costs of investigation incurred by the County, the Inspector General or v other authorized State official for investigations of the County's beneficiary, contractors' or c subcontractors' compliance with the terms of this Contract or Grant Agreement which results in r a finding of noncompliance, fraud, illegality, or financial misuse, in connection with this Contract v r by the Consultant, its beneficiary, contractor(s), or subcontractor(s). Such reasonable costs shall L include, but shall not be limited to: attorney's fees, salaries of investigators, including overtime; _ 0 travel and lodging expenses; and expert witness and documentary fees. v ti (g) The Consultant shall include the. audit and record keeping requirements aforementioned in this Article and in Attachment A, Audit Requirements, in all contracts, subcontracts, leases, E assignments, and agreements executed for the expenditure of funds from, related to, in a connection with, or in furtherance of this Contract. ' 24. NON-DISCRIMINATION a The Consultant covenants and agrees that the Consultant shall not discriminate against any employee or applicant for employment to be employed in the performance of the Contract with respect to hiring, tenure, terms, conditions or privileges.of employment, or any matter directly or indirectly related to employment because of age, sex handicap, marital status, race, color, religion, creed, national origin, or ancestry. The Consultant shall insert a provision in accordance with this Article and the applicable Florida Statutes in all agreements, assignments, leases, contracts, and subcontracts in connection with or related to this Contract that are either amended or executed after the effective date of the Grant Agreement. The Consultant shall not discriminate against any employee employed in the performance of this Contract, or against any applicant for employment because of age, race, sex, creed, color, handicap, national origin, or marital status. The Consultant shall insert a provision in accordance with this Article Packet Pg. 281 r10 8.M.5.c c 0 ca 0 c a� x a� a E 0 U 0 CL Cn U J 2 a x N N O LO N 17 N O r- U r v cv L 0 U ti c m E m c ca E cv L 0 L a L 0 :i C� G E L Q Packet Pg. 282 8.M.5.c in all subcontracts for, services in relation to this Contract that are either amended or executed after the effective date of the Grant Agreement. 25. ENFORCEMENT COSTS It is understood and agreed that the Consultant's services under this Contract do not include any participation, whatsoever, in any litigation. Should such services be required, a supplemental Contract may be negotiated between the County and the Consultant describing the services desired and providing a basis for compensation to the Consultant. 26. AUTHORITY TO PRACTICE The County represents that it is a political subdivision of the State of Florida with the authority to engage the professional service described in Attachment "A" and to accept the obligation for payment for the services. The County and Consultant each binds itself and its, successors, legal representatives, and assigns to the other party to this Contract and to the partners, successors, legal representatives, and assigns of such other party, in respect to all covenants of this Contract; and, neither the County nor the Consultant will assign or transfer their interest in this Contract without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the party of any officer or agent of any public body that may be a party hereto. The Consultant hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business, and that it will at all times conduct its business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to the County's representative on an annual basis. 27. SEVERABILITY If any term or provision of this Contract, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Contract, or the application of such terms or provisions to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. 28. COMPLETE AGREEMENT This Contract states the entire understanding between the parties and supersedes any written or oral representations, statements, negotiations, or agreements to the contrary. The Consultant recognizes that any representations, statements or negotiations made by the County staff do not suffice to legally bind the County in a contractual relationship unless they have been reduced to writing, authorized, and signed by an authorized County representative. This Contract shall bind the parties, their assigns, and successors in interest. 1 29. AMENDMENT This Contract may be amended only with the written approval and agreement of the parties. 11 LO N v N O ti U Packet Pg. 283 8.M.5.c I � I � I f 30. MODIFICATIONS OF WORK The County reserves the right to make changes in Scope of Work or duration, including alterations, reductions therein or additions thereto. Upon receipt by the Consultant of the County's notification of a contemplated change, the Consultant shall, in writing: 1. Provide a detailed estimate for the increase or decrease in cost due to the contemplated change, 2. Notify the County of any estimated change in the completion date, and 3. Advise the County if the contemplated change shall effect the Consultant's ability to meet the completion dates or schedules of this Contract. If the County so instructs in writing, the Consultant shall suspend work on that portion of the Scope of Work affected by a contemplated change, pending the County's decision to proceed with the change. If the County elects to make the change, the County shall initiate a Contract Amendment and the Consultant shall not commence work on any such change until such written Amendment is signed by the authorized representative for the County. 31. NOTICE All notices, requests, consents, and other communications required or permitted under this Contract shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: As To County: With A Copy To: St. Lucie County Administrator St. Lucie County Attorney Administration Annex Administration Annex 2300 Virginia Avenue 2300 Virginia Avenue Fort Pierce, FL 34982 Fort Pierce, FL 34982 As To The Consultant: Hoar Program Management James Adams 2203 Perimeter Road, Suite 200 Mobile, AL 36615 Phone: 251-431-9855 Fax: N/A or to such other address as any P Y art may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed, or delivery is refused, or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 12 tn N N O ti U IPacket Pg. 284 8.M.5.c 32. CAPTIONS AND PARAGRAPH HEADINGS Captions and paragraph headings contained in this Contract are for convenience and reference only and in no way define, describe, extend or limit the scope and intent of this Contract, nor the intent of any provisions hereof. 33. WAIVER No waiver by the County of any provision of this Contract shall be deemed to be a waiver of any other provisions hereof or of any subsequent breach by of the same, or any other provision or the enforcement thereof. County's consent to of or approval of any act by Consultant requiring consent or approval shall not be deemed to render unnecessary the obtaining of County's consent to or approval of any subsequent act by Consultant requiring consent or approval, whether or not similar to the act so consented orapproved. 34. COMPLIANCE WITH LAWS The Consultant, its employees, subcontractors or assigns, shall strictly comply with the Grant Agreement, all applicable federal, state, and local laws and regulations relating to the performance of this Contract. The Consultant shall insert a provision in accordance with this Article and the applicable Florida Statutes in all agreements, assignments, leases, contracts, and subcontracts in connection with or related to this Contract that are either amended or executed after the effective date of the Grant Agreement. The County undertakes no duty to ensure such compliance, but will attempt to advise Consultant upon request, as to any such laws of which it has present knowledge. 35. INTERPRETATION; VENUE This Contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Contract may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Contract shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Contract, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims that are justiciable in Federal Court. 36. DISPUTE RESOLUTION Any disputes relating to interpretation of the terms of this Contact or a question of fact or arising under this Contract shall be resolved through good faith efforts upon the part of the Consultant and the County or its Project Manager. At all times, the Consultant shall carry on the work and maintain its progress schedule in accordance with the requirements of the Contract and the determination of the County or its representatives, pending resolution of the dispute. Any dispute which is not resolved by mutual agreement shall be decided by the County Administrator who shall reduce the decision to writing. The decision of the County shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent, capricious, arbitrary, so grossly erroneous as to necessarily imply bad faith, or not be supported by substantial evidence. 1 13 LO N v N O ti U IIPacket Pg. 285 1 8.M.5.c 37. MEDIATION Prior to initiating any litigation concerning this Contract, the parties agree to submit the disputed issue or issues to a mediator for non -binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the ' mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. In the event that mediation is unsuccessful, either party may bring an action to enforce its rights in a Florida court of appropriate venue and jurisdiction. 38. ANTITRUST ASSIGNMENT The Consultant, the County and the State of Florida recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the State of Florida and local E governments. Therefore, the Consultant assigns to the State of Florida and the County any and all claims Q for such overcharges as to goods, materials or services purchased in connection with the Contract. 39. CONFIDENTIAL INFORMATION: The provisions of chapter 119, F.S., and other applicable Florida o and federal laws govern the disclosure of any confidential information received by the County and the v Consultant. _ (a) If the Consultant or its affiliates, or the Consultant's agents, employees, partners, contractors, or c subcontractors submit records to the County or to DEC) that the Consultant or its affiliates, or the Consultant's contractors or subcontractors, deems legally confidential and/or exempt from public N disclosure, as trade secrets, proprietary confidential business information, or for any other valid v 1 legal exemption under applicable Florida or Federal law, such records must be properly identified as such prior to submission to the County or DEC). Failure to identify the legal basis for and the o v specific content of each claim of exemption and/or confidentiality from the requirements of chapter 119, F.S. or other law, prior to submittal of the record to the County or DEC), may serve U as a waiver of a claim of exemption and/or confidentiality of that record. r (b) The Consultant shall ensure that public records in the custody and/or control of the Consultant, c v its affiliates, or the Consultant's agents, employees, partners, contractors or subcontractors that are confidential are not disclosed except as authorized by law. r (c) The Consultant shall not disclose to third parties any confidential information obtained by the Consultant or its affiliates, or the Consultant's agents, employees, officers, contractors or m subcontractors in furtherance of this Contract. °1 (d) The Consultant shall notify the County verbally within 24 hours, and in writing within 72 hours ofCU any improper disclosure or unauthorized use of confidential information related to this Contract 2 by the Consultant, its employees, agents, or representatives which is not in compliance with the terms of this Contract or Federal or State law or if any information related to this Contract is o subpoenaed. a (e) The Consultant shall make a report to the County not more than five (5) calendar days after the Consultant learns of such an improper disclosure or unauthorized use of confidential = information. The Consultant's report shall identify, to the extent known, the nature of the improper disclosure or unauthorized use, the confidential information disclosed or used, who L6 made the disclosure of or used the information, what the Consultant has done or shall do to 6 mitigate any deleterious effect of the improper disclosure or unauthorized use, and what = a� corrective action the Consultant has taken or shall take to prevent future similar unauthorized E 14 R r a Packet P g.286 8.M.5.c use or improper disclosure. The Consultant shall provide any other such information about the unauthorized use or improper disclosure as reasonably requested by the County or the DEO. The Consultant shall take all steps the County or the DEO deems advisable to mitigate, resolve and/or prevent the unauthorized use or improper disclosure of confidential information shared ' or exchanged by the County, the Consultant, and their affiliates in connection with this Contract. (f) The Consultant shall include the foregoing provisions of this Article and in accordance with chapter 119, F.S. and all applicable Florida public records law, in all agreements, assignments, leases, contracts, and subcontracts executed or amended after the effective date of the Grant Agreement for the expenditure of funds from, related to, in connection with, or in furtherance of this Contract. (g) To the extent allowable by law, the Consultant shall be fully liable for the actions of its agents, employees, partners, contractors, and subcontractors and shall fully indemnify, defend, and hold harmless the County and its officers, agents, and employees, from suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to public record requests or public record law violation(s), alleged to be caused in whole or in part by the Consultant, its agents, employees, partners, contractors, or subcontractors, provided, however, that the Consultant does not indemnify for that portion of any costs or damages proximately caused by the negligent act or omission of the County, State or DEO. The County, in its sole discretion, has the right, but the not obligation, to enforce this indemnification provision. 40. DISCRIMINATORY VENDOR: The Consultant acknowledges the provisions of section 287.134, F.S. The Consultant shall disclose to the County if any of its affiliates, as defined by section 287.134(1)(a.), F.S. appears on the discriminatory vendor list: The Consultant shall ensure provisions in accordance with section 287.143, F.S., are present in all agreements, assignments, leases, contracts, and subcontracts in furtherance of or related to this Contract that are either amended or executed after the effective date of the Grant Agreement. 41. INFORMATION RELEASE AND ADVERTISING: The County and DEO do not endorse any commodity, service, project, or entity. Subject to chapters 119 and 286, F.S., the Consultant shall not publicly disclose or disseminate any information concerning this Contract without prior written approval from DEO, including, but not limited to mentioning this Contract in a press release or other promotional material, identifying DEO or the State as a reference, or otherwise linking the Consultant and either a description of the Contract or the name of DEO or the State in any material published, either in print or electronically, to any entity that is not a Party to this Contract, except potential or actual authorized contractors, subcontractors, distributors, dealers, resellers, or service representatives. 42. HARASSMENT -FREE WORKPLACE: The Consultant shall provide a harassment -free workplace, with any allegation of harassment given priority attention and action by management. The Consultant shall insert a provision in accordance with this Article in all subcontracts for services in relation to this Contract that are either amended or executed after the effective date of the Grant Agreement. 43. PUBLIC ENTITY CRIMES: The Consultant affirms that it is aware of the provisions of section 287.133, F.S., and that at no time has the Consultant or its affiliates, as defined by section 287.133(1)(a), F.S., been convicted of a Public Entity Crime. The Consultant agrees that it shall not violate such law. The Consultant shall insert a provision in accordance with this Article and the applicable Florida Statutes in all agreements, assignments, leases, contracts, and subcontracts in connection with or related to this Contract that are either amended or executed after the effective date of the Grant Agreement. 15 tn N N O ti U Packet Pg. 287 8.M.5.c 44. LOBBYING: Pursuant to sections 11.062 and 216.347, F.S., the Consultant shall not use any funds received under this Contract for lobbying the Legislature, the judicial branch, or any state agency. (a) The Consultant will keep the County and DEO apprised of any requests for testimony or its participation in any Congressional, legislative and other State or Federal hearings, or agency, committee, or task force meetings or the like, related to this Contract. (b) The Consultant shall insert a provision in accordance with this Article, in all agreements, assignments, leases, contracts, or subcontracts related to this Contract or for which funds distributed pursuant to this Contract are to be expended, that are either amended or executed after the effective date of the Grant Agreement. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Contract in counterparts each of which shall be treated as an original upon the terms and conditions above stated. ATTEST: ,^ nF:pl ITV rl F:pk WITNESSES: BOARD OF COUNTY COMMISSIONE ST. LUCIE COUNTY, BY: HAIR N HOARPROGRAM MANAGEMENT BY: (ar r.w.2 J PRI GAME: JAM Es ADAMS LO N 17 N O r- U Packet Pg. 288 8.M.5.c DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE I06/07/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER MCGRIFF, SEIBELS & WILLIAMS, INC. P.O. Box 10265 Birmingham, AL 35202 "' Kristin Wisner NAME: AHC No Ext : B00 476 2211 A C No): E-MAIL ADDRESS: kwisnerC@mcgriff.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA:Evanston Insurance Company 35378 INSURED Hoar Program Management P.O. Box 660400 Birmingham, AL 35266-0400 INSURER B :Amerlsure Mutual Insurance Company (A Stock Insurer) 1244 INSURER c :Amerisure Insurance Company 19488 INSURER D :Illinois Union Insurance Company 27960 INSURER E :Indian Harbor Insurance Company 36940 INSURER F COVERAGES CERTIFICATE NUMBER:82W894DG REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN SR LTR TYPE OF INSURANCE ADD INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYY LIMITS A X COMMERCIAL GENERAL LIABILITY 3CO7649 06/01/2017 06/01/2018 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE E OCCUR DAMAGE O RENTED PREMISES Ea occurrence $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OPAGG $ 2,000,000 POLICY JECT LOC $ OTHER: C AUTOMOBILE LIABILITY CA20927390301 06/01/2017 06/01/2018 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ X ANY AUTO BODILY INJURY (Per accident) $ OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED X AUTOS ONLY X AUTOS ONLY X Hired Physical Damage PROPERTY DAMAGE Per accident $ $ D UMBRELLA LIAB X OCCUR G21979132012 06/01/2017 06/01/2018 EACH OCCURRENCE $ 15,000,000 X AGGREGATE $ 15,000,000 EXCESS.LIAB CLAIMS -MADE DED RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE WC20972570202 06/01/2017 016/01/2018 X PER OTH- TATUTE ER E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N / A E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E Contractors Professional Liability CE0742080602 06/01/2017 06/01/2018 Per Occurrence Annual Aggregate $ 2,000,000 $ 2,000,000 SIR each claim: $ 100,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) St. Lucie County, its officers, officials, employees, agents and volunteers are named as Additional Insured on a primary and non-contributory basis with respects to General Liability, Automobile Liability and Excess Liability as required by written contract. In the event of cancellation, the above policies have been endorsed to provide a 30 Day Notice, except for non payment, to the holder below, as required by written contract. CERTIFICATE HOLDER CANCELLATION St. Lucie County BOCC 2300 Virginia Ave, Room 220 Ft. Pierce, FL 34982 SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE r ; lin N N O ti ci ACORD 25 (2016/03) Page 1 of 1 ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 289 8.M.5.c POLICY NUMBER: 3C07649 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization(s) .. Location And Description Of Completed Operations As required by written contract executed by both parties prior to loss. Information required to com lete this Schedule, if not.shown above, will beshown in the Declarations., . A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the 'contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the. additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. LO N V N O r- U CG 20 37 0413 m Insurance Services Office, Inc., 2012 Page 1 of 1 Packet Pg. 290 8.M.5.c COMMERCIAL GENERAL LIABILITY CG 20 38 04 13 c THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 0 ADDITIONAL INSURED -- OWNERS, LESSEES OR 0 CONTRACTORS - AUTOMATIC STATUS FOR OTHER PARTIES WHEN REQUIRED IN WRITTEN axi CONSTRUCTION AGREEMENT a E This endorsement modifies insurance provided under the following: 0 v COMMERCIAL GENERAL LIABILITY COVERAGE PART o A. Section II — Who is An Insured is amended to 0. Cn include as an additional insured: � 1. Any person or organization for whom you are U) }, performing operations when you and such c 0 E person or organization have agreed in writing in a contract or agreement that such person or a� E a organization be added as an additional insured on your policy; and i 2. Any other person or -organization you are c 0 U required to add as an additional insured under a the contract or agreement described incm = Paragraph 1. above. cm Such person(s) or organization(s) is an additional 0 insured only with respect to liability for "bodily v injury", "property damage" or "personal and c advertising injury" caused, in whole or in part, by: r a. Your acts or omissions; or v r b. _The acts or omissions of those acting on L your behalf; _ 0 in the performance of your ongoing operations for v ti the additional insured. However, the insurance afforded to such additional insured described above: m a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for the person or organization described in Paragraph 1. above are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: Packet Pg. 291 8.M.5.c This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury' arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or CG 20 38 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 LO N 17 N O r- U Packet Pg. 292 8.M.5.c b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph AA.; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. LO N 17 N O ti U Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 38 0413 Packet Pg. 293 8.N.1 ITEM NO. (ID # 4997) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners DATE: 02/20/2018 *CONSENT AGENDA\PLANNING & DEVELOPMENT SERVICES Leslie Olson, Director, Planning & Development Services Planning Division Epic Engineering & Consulting Group, LLC Amendment No. 1 This Agreement with Epic Engineering & Consulting Group, LLC is to provide professional/consultation services to assist the Information Technology and Planning & Development Services Departments to ensure deliverables are in line with contractual commitments and to coordinate project activities and for the analysis and documentation of the Land Management System contract between St. Lucie County and Tyler Technologies. The Consultant's additional responsibility under this Amendment shall be those as further described in the Task Summary dated 1/11/2018 and attached hereto. PREVIOUS ACTION: April 4, 2017 Original Contract was approved for $24,731.45. FINANCIAL IMPACT: Sufficient funding for software support is included in the FY 17 Planning and Development Services budget (102-15101-534110-100). RECOMMENDATION: Staff recommends Board approval of Epic Engineering & Consulting Group, LLC Contract - Amendment No. 1 for the amount of $92,727.44 and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 294 8.N.1 Coordination/Signatures L li I , DirectoIV larming & Development Services 1/31/2018 anie SWmcinty're,c� orney 2/8/2018 rk 5 er ee 1 ep County ministrato 2/12/2018 Updated: 1/31/2018 11:55 AM by Jennifer Hill Page 2 Packet Pg. 295 8.N.1.a Cc 5 u a �V J u c v Q O N m 0 a t a a C. n V$ e at a Qj m E f0 c� W C t N LU W V1 a y � H W F T .. r � � y, d C3 � N � 7 � a 0 a o N 0 0 o c O N C N a a 0 N in a m ° ` ° .p E°a L C_ U` y .On a m a c Q �GJOd _ QC C 2a 4O U o oo y o - E a E a o u u a C :on n E a o uaC'o y E . _ a o C 4% -L G ro w O -CX Q =E N O a O a a O N a L N ° _ _ a ate.. _ a u ° a u N 5 'O d O 'O a tO ° O ° Q LnO U a �. a NO � ? u aE o O U J E h h a L m Q a v�i u C J in a -LU_ a N a s u c U Y� .-. a a L 47 U aL+ ro C a ro C J a Q aL+ C J a vJi 0= aci "D a — a C o C ° m .n c E SD C` C_ v ° 3 u 3 c a .o c a a c a° ro w�-° E N E a y c L m > 7 n .E o" c ap ° a ro L on E D c N E w s E E c ro c ,�, o f E o C E c `-� `� C � v� C O ro Y a C O ro E E O C u ate+ a v a p N v3 N° v3 t J Y �_ c v= L a L °j Ma L N r > 7 :R E F- n C d 7 O a p� v O_ E a O a �^ E u u Q y~ r O ? 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V} V} V} V) 1-4 m w a vs yr G. n N 00 N V N tD 6 rV rV N V N N N ID = c6-I �0)-I �d-I to ON1 x V C1 In N d N m N In O {ry w O N C7 0 0 Ln O Ln N n T y d lD li 1 N d n M n d M N c-I lf5 lD N m m r, M cp ra m H O d lD LD W N M d l0 d 00 d d d N N N V1 cD V� C 3 ih a m 2 00 � a a F N c m C y O 2 a Q (U 7 N � o -O c a S° c _O a O nm m y C E a Q1 N m N + O 7 m C L m+ s O Q W 16 w `� + 7 Q 0 R _a O N Q 0 0 c O 'CJ m N w> m N_ .-. E V _ N E a) = E O N Ln Q �+ 7 O a 4'vama,E s o Da a O plu � c Uc U\U O O EO 0 a U i O UV o. u Q. ri N M d In lD n 00 m a M 00 ri 0 \ N N Packet Pg. 298 8.N.1.a c O 'a+ f0 N E 41 C. O N a v O a 0 Q, e. 3 C a E a ao C m a a � a u �0.1 to V a a 'p 0 CU a N1 ~ a 00 •+ O a-i v m N c E - L N1 \ u a W ri a 3 � m t 3 Y � N � 3 3 3 M M 3 0 3 3 3 N m s 3 c 03 3 3 ry M r 3 O N � 3 .ti N Q. -Q ra t E fu J Ui N 2 U h0 0 � C � Q a N Q ~ ai r I f0 v o E OL a � O c v� c o +, v O OL 4 [G y Y CA VI E a @ a +� VI QJ J a E a L > C O L a rn c +_ '� O w -_ vs O m C 00 .o Q° o o o N O @ Q Q +' a 7 Q+ ❑. p CO N w - N E °�' _ � E o a o a ? E `- O +� 0 j O N +v h = \ O ti 0C L N X U 41 ' U E U Bs a+ Q O -1 M O U Fes- a Q u a o ii u a-0 r-I N M lt Vl 1.0 rh 00 0) Ln 0 (V Packet Pg. 299 8.N.1.a co 0 W 0 a O G7 W N 41 � m u u H a` CU C w O� a O 'o O ro ci] a C: v n N C .-f m d w E ap L 0 p c w +r lO O G N d Gq c a 'E O r- ig ro a w to er CIO 0 t c i G c � VJ iO Ln Oa (n 1 m un m n 0 0 r N N rl N W E E a o co v ro l0 V co CDc-I H M Ln n n � LO Q 00 V tA N rf N H .ti G +� v a m a L(U E a, in a ;, d vi w vi C VI QJ C N O cl u p a) C D 0- .0 d .0 O_ 0. OJ un u•1 L Q1 V1 V 1 (9 LO aJ 0 (C Lp N N u Q. %n (n n O a m (D sn O s OL G _ (Yo +�-� tYC a a p w ti cu LOi a V) L v Y w O X L a, O O ro C O N C C c L CU C G L C O Y L O r0� row- d km `O +� v %n M in c m Ln 7 4- co yt °' E E Cl. E E �, O V 7 .E 7 ro 'p 7 .� 7 y Y 4 c E E_ c � N E +r+ E c 0 p m m lu Cl)t a C C OU �„� U O C C DU Y_ 'O 7 Y N E E c Q� 'n VI d E E 'n 0 O (a +1 U L i W C of aJ of Q C ai v G . J E a . E E a, frE u V -E c=OO -,d ] (U 0 c a ' O s O Co/ L a aat 3 ��zaNE- (nzv,uv, C a1 V] Q) cx a% N N _ Q c N 0 u t u .3 7 S J O Y L Ln O E 0 c � a t a 0. E N •� C ar E 41 O t 'O CJ t O Y z Packet Pg. 300 8.N.1.b C17-04-225 FIRST AMENDMENT TO APRIL 4, 2017 CONTRACT BETWEEN ST. LUCIE COUNTY AND EPIC ENGINEERING & CONSULTING GROUP, LLC THIS AMENDMENT, is made and entered into this day of , 2018, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and EPIC ENGINEERING & CONSULTING GROUP, LLC, or his, its or their successors, executors, administrators, and assigns (the "Contractor"). WHEREAS, on April 4, 2017, the parties entered into a contract to provide for professional/consulting services to assist the Information Technology and Planning & Development Services Departments to ensure deliverables are in line with contractual commitments and to coordinate project activities for the analysis and documentation of the Land Management System Contract between St. Lucie County and Tyler Technologies; and, WHEREAS, the parties desire to amend the contract to modify the scope of work (tasks), increase the compensation, and extend the project schedule. NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: 1. Project Services: The Consultant's additional responsibility under this Amendment shall be those as further described in the Task Summary dated 1/11/2018 and attached hereto as Exhibit "A" 2. Compensation: The Consultant shall be compensated for all additional services satisfactory completed pursuant to this Amendment an amount not to exceed $92,727.44 (ninety-two thousand seven hundred twenty-seven and 44/100 dollars) as further detailed in the Exhibit "A„ 3. Time of Performance: The project shall be completed in accordance with the schedule provided for in the Exhibit "A". All work shall be completed on or before September 30, 2018. 4. Except as amended herein, all other terms and conditions of the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Amendment upon the terms and conditions above stated. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR Packet Pg. 301 8.N.1.b WITNESSES: (1 (2) C17-04-225 r APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY EPIC ENGINEERING & CONSULTING GROUP, LLC BY: PRINT NAME: TITLE: a+ Q Packet Pg. 302 8.N.1.b 1 � v C O m E CL O cu w O a` t O Q C 9 N C m w E to m Y C � m W O T d w 3 a > �O VI a 1 a w LA~ � 0 N C v 7 N a V 0 O N o N w G Q a c ° N c in a t �} OL Y- .Y -O E ° m Y to diY G U p Y O 3 .Q w a m v ` w° c °Y' C1 = c O WOOQ c c Chi O ;_ ° v� N a `-° p C E O w U H O ry E a s O L ., u m Y v Od u v on w Cc v wv 'L vp E cc e7o -o w3c $ w YG c O •= L a uvw w O vw E a a Q Q "° cu E no ra d a loij w ' cc O Ncown 'O N O O_ O E Y N �c �n O Q w Q. a 9 9 7 .a C V OL O Y N Y im CL iw a =_ m s �' __ a N L m ar aci w s a v�i s m j c— cu ac 3 °�' E" °J 3 va E -6 v L 0 Y v u E E a a m N E u: G w — aui !- c O v CD °> m 1 o c 7 o} w m y n E w a w fo Q n v v ° 3 u _p v 3 a c v c C Y 41 C N O r9 (v -O +_+ ya q L N = Y E= E E m E' 7 } l/� C1 E .E di G c m �n N tw _ C a sa.+ tti L E o cn c_ m= o 6 o C m c —_ >, w '- G =- M Y? a o E a Y c E C m w m d O c U a w j u ol OCn � 4-• � c O s w1E l L w O j, m w i O .0 w t a H i Y H A H > Y H � sn F CL -O m Ld h' vi Z3 E � Y Q ON L E aw+ O w Cd Y O_ w~ v (LO 7• O N " O U t Y- 3 E w E E v c y0 c ao = m 3 ao o Y ° a Q 3 o Q a m v a° �' L@ ro a v° c c s G „ c .E v o v o u 3 '= W o ° 'c " U °a f0 3 .N a �' a /,'-''j 4c E E p w w Y m a N m� � 6 C w Q=1 _°L.' 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C G M1' aJ O _ O 0 cn a c a+ It r, N LA rA M CG a1 G u CJ O G NJ G —i �y a CA E E- EL .G O C y m m a C La v 00 0 y C u UJ U1 Ln 00 Ln .--I r-I m V1 cr M F, O O C ci N N e-1 N e-i w Cm d V CD V 00 O .--I r-I M Ln n 1� U) 0 Co It Ny --I N N Y C G m y Co a 4- c>G A ar C vNi aJ C vyi o a u o a, p a p a N -6 7 a) V1 LfT .0 II a m V1 LfS L II i 3 V m C7 m y m al p m a1 y p V CL p 2 V 'ham y 0 m (/� o - =y s Q , O C CL m a w a 0. 7 CLVn CL a1 V1 Y m o Y m p y a C } C M � � Imp O Co m ,m ,� 1A 'M' al yi *. al C M Y) 0 p 0 p m O O O m m t>r E E 4 E E .� 'N p 7 .0 :3w M 3 7 y Y qA 0 Y, C E E_ C N a� E E C O s� C o m M m C C OV a+ V C C O ;++ •� C aJ a1 N 0 tZ w aJ a Y L ql "O LU m p y c n = 3 c c N l7 o a v v '_ 3 a v o o � a o aj o o � o ro o p a c a, pCO C �- .� 0. E E a y0-, Of E E is v z u ro -a mA 3 3 J 2 3 3 _j Z s. 0 9 0 Y 'Li Y i al j A vyi -r3 m yy, N 3��zoa-I of N o O s N +m O to M aa� aIV� a a� zn �v, C7 r a O Y }/ t� 7 � p U E ar 'u 'a 7 � J � VI E E Q p r L (� LL CL wr C Z Fo E '0 N a) E L n V Q Packet Pg. 307 �R CO- DH -aa5 CONTRACT FOR CONSULTING/PROFESSIONAL SERVICES THIS CONTRACT is made as of the l day of 2017, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County", and EPIC ENGINEERING & CONSULTING GROUP, LLC, hereinafter referred to as "Consultant". WHEREAS, the Consultant is willing and able to render professional services for various projects on an as -needed basis and for the compensation and on the terms hereinafter set forth; and, NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants, agreements, terms, and condition contained herein, do agree as follows: RECITALS The Recitals set forth above are fully incorporated into the Contract by reference. 2. SERVICES The Consultant's responsibility under this Contract is to provide professional/consultation services to assist the Information Technology and Planning & Development Services Departments to ensure deliverables are in line with contractual commitments and to coordinate project activities and for the analysis and documentation of the Land Management System contract between St. Lucie County and Tyler Technologies as further described in the Task Summary dated March 5, 2017 and attached hereto as Exhibit "A". 3. TERM The Consultant shall be available to commence services on this contract commencing on the date first written above. 4. TIME OF PERFORMANCE The project shall be completed in accordance with the schedule provided in Exhibit "A". It is mutually agreed between the parties hereto that time is of the essence in the performance of this Contract. In the event the Work is not completed within the time specified the County will suffer damages, the amount of which is difficult if not impossible to ascertain. It is agreed, therefore, that from the compensation otherwise to be paid to the Consultant, the County may retain the sum of $25.00 (twenty- five and 00/100 dollars) per calendar day for each day thereafter, Sundays and holidays included, that the Work remains uncompleted. This sum shall represent liquidated damages which the County will have sustained per calendar day from the inconvenience and expense caused to the County by the delay in the completion of the Work. This sum is not a penalty, being the liquidated damages the County will have sustained in event of such default by the Consultant. The County reserves the right to additionally recover direct job site expenses incurred during the period of any delay. The Consultant shall be liable for liquidated damages even if the Contract is terminated by the County for cause or if the Consultant abandons the Work. Packet Pg. 308 8.N.1.c 5. COMPENSATION The Consultant shall be compensated for all services satisfactorily completed pursuant to the contract documents for an amount not to exceed $24,731.45 (twenty-four thousand seven hundred thirty-one and 45/100 dollars) in accordance with the compensation set forth in the Exhibit "A". All invoices presented to the County for payment shall be on a Request for Payment form approved by the County. 6. GENERAL CONDITIONS A. It is understood and agreed that the Consultant's services under this Contract do not include participation, whatsoever, in any litigation. Should such services be required, a supplemental Contract may be negotiated between the County and the Consultant describing the services desired and providing a basis for compensation to the Consultant. B. Upon the Consultant's written request, the County will furnish or cause to be furnished such reports, studies, instruments, documents, and other information as the Consultant and County mutually deem necessary; and the Consultant may rely upon same in performing the services required under this Contract. C. Upon completion of the project, but before Final Payment is made, the Consultant shall participate in completing a Consultant Evaluation Form. No request for final payment shall be considered proper and complete until this evaluation process is completed by the Consultant and the County. 7. TRUTH -IN -NEGOTIATION CERTIFICATE Execution of this Contract by Consultant shall act as the execution of as truth -in -negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this Contract are accurate, complete and current at the time of execution of the Contract. The original Contract rates and any additions thereto shall be adjusted to exclude any significant sums by which County determines the Contract rate(s) was increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. All such rate adjustments shall be made within one year following the end of this Contract. 8. DEFAULT/TERMINATION A. FOR CAUSE If either party fails to fulfill its obligations under this Contract in a timely and proper manner, the other party shall have the right to terminate this Contract by giving written notice of any deficiency and by allowing the party in default seven (7) calendar days to correct the deficiency. if the defaulting party fails to correct the deficiency within this time, this Contract shall terminate at the expiration of the seven (7) calendar day time period. With regard to the Consultant, the following items shall be considered a default under this Contract: 2 Packet Pg. 309 8.N.1.c (1) If the Consultant should be adjudged bankrupt, or if he, or it, should make a general assignment for the benefit of his, or its, creditors, or if a receiver should be appointed on account of his, or its, insolvency. (2) If the Consultant should persistently or repeatedly refuse or fail, except in cases for which an extension of time is provided, to provide the services contemplated by this Contract. (3) If the Consultant disregards laws, ordinances, or the instructions of the Project Manager or otherwise is guilty of a substantial violation of the provisions of the Contract. In the event of termination, the Consultant shall only be entitled to receive payment for work satisfactorily completed prior to the termination date. B. WITHOUT CAUSE Either party may terminate the Contract without cause at any time upon thirty (30) calendar days prior written notice to the other party. In the event of termination, the County shall compensate the Consultant for all authorized work satisfactorily performed through the termination date. In no event shall Consultant be entitled to any other compensation on a termination without cause, including any lost profits or loss of opportunity. 9. SUB -CONSULTANTS AND SUBCONTRACTORS In the event the Consultant requires the services of any sub -consultant, subcontractor or professional associate in connection with the services to be provided under this Contract, Consultant shall secure the written approval of County Project Manager before engaging such sub -consultant, subcontractor or professional associate. If a sub -consultant fails to perform or make progress, as required by this Contract, and it is necessary to replace the sub -consultant to complete the work in a timely fashion, the Consultant shall promptly do so, subject to acceptance of the new sub -consultant by the County. The substitution of a subcontractor shall not be adequate cause to excuse a delay in the performance any portion of this contract as set forth in the Scope of Work. The Consultant, its sub -consultants, agents, servants, or employees agree to be bound by the Terms and Conditions of this Contract and its Contract with the sub -consultant for work to be performed for the County the Consultant must incorporate the terms of this contract. 10. FEDERAL AND STATE TAX The County is exempt from payment of Florida State Sales and Use Taxes. The County will sign an exemption certificate if submitted by the Consultant. The Consultant shall not be exempted from paying sales tax to its suppliers for materials used to fulfill contractual obligations with the County, nor is the Consultant authorized to use the County's Tax Exemption Number in securing such materials. 9 Packet Pg. 310 8.N.1.c The Consultant shall be responsible for payment of its own and its share of its employees' payroll, payroll taxes, and benefits with respect to this Contract. 11. INSURANCE The Consultant shall procure and maintain during the life of this Contract insurance of the types and subject to the limits set forth below. The Consultant shall also provide the County with evidence of this insurance in the form of Certificates of Insurance which shall be subject to the County's approval for o adequacy. If sub -contractors are used by the Consultant, it shall be the responsibility of the Consultant Z to ensure that all its sub -contractors comply with all the insurance requirements contained herein relating E to such sub -contractors. 'a Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: A. WORKERS' COMPENSATION The Consultant shall provide and maintain during the life of this Contract, at his, its or their own expense, Workers' Compensation insurance coverage to apply for all employees for Florida statutory limits. Coverage B, Employers Liability, shall be written for a minimum liability at $500,000.00 per occurrence. COMMERCIAL GENERAL LIABILITY The Consultant shall provide and maintain during the life of this Contract, at his, its or their own expense, Commercial General Liability insurance on an occurrence basis for a minimum combined single limit of $1,000,000.00 per occurrence; $2,000,000.00 general aggregate for claims of bodily injury including death, property damage and personal injury. Contractual Liability coverage shall be included. C. COMMERCIAL AUTO LIABILITY The Consultant shall provide and maintain during the life of this Contract, at his, its or their own expense, Business Commercial Auto Liability for claims of bodily injury and property damage for minimum limits of $1,000,000.00 combined single limit. D. PROFESSIONAL LIABILITY The Consultant shall provide and maintain during the life of this Contract, at his, its or their own expense, Professional Liability insurance on a claims made basis for a minimum of $1,000,000.00 coverage. 12. INDEMNIFICATION The Consultant covenants and agrees at all times to indemnify and hold harmless the agency, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the Agreement. The Consultant hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification herein provided. It is the Packet Pg. 311 8.N.1.c specific intent of the parties hereto that the foregoing indemnification complies with Florida Statute 725.08 (Chapter 725). 13. ASSIGNMENT The County and Consultant each binds itself and its successors, legal representatives, and assigns to the other party to this Contract and to the partners, successors, legal representatives, and permitted assigns of such other party, in respect to all covenants of this Contract; and, neither the County nor the Consultant will assign or transfer its rights and obligations in this Contract without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party hereto. The Consultant agrees that the persons named in the scope of work shall provide services as described therein. The services of the person(s) so named are a substantial inducement and material consideration for this Contract. In the event such persons can no longer provide the services required by this Contract, the Consultant shall immediately notify the County in writing and the County may elect to terminate this Contract without any liability to the Consultant for unfinished work product. The County may elect to compensate the Consultant for unfinished work product, provided it is in a form that is sufficiently documented and organized to provide for subsequent utilization in completion of the work product. 14. PUBLIC RECORDS The Consultant shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Consultant in conjunction with this Contract. Specifically, the Consultant shall: (a) Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed the cost provided in state law or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the County all public records in possession of the Consultant upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology system of the County. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (772)462-1441, BellamyS@stlucieco.org, COUNTY 5 Packet Pg. 312 8.N.1.c ATTORNEY'S OFFICE 2300 VIRGINIA AVENUE, FORT PIERCE, FL 34982 15. CONFLICT OF INTEREST The Consultant represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Section 112.311, Florida Statutes. The Consultant further represents that no person having any interest shall be employed for said performance. The Consultant shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Consultant's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Consultant may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Consultant. The County agrees to notify the Consultant of its opinion by certified mail within thirty (30) days of receipt of notification by the Consultant. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Consultant, the County shall so state in the notification and the Consultant shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Consultant under the terms of this Contract. 16. EXCUSABLE DELAYS (FORCE MAJEURE) Neither party shall be liable to the other for failure to perform its obligations hereunder if and to the extent that such failure to perform results from causes beyond its reasonable control (financial difficulty shall not be considered a cause beyond a party's control), all of which causes herein are called "Force Majeure", including, but without being limited to, strikes, lockouts, or other industrial disturbances; fires; unusual climatic conditions; acts of God; acts of a public enemy; or inability to obtain transportation or necessary materials in the open market. Provided, however, that market conditions, labor conditions, construction industry price trends and similar matters which normally impact on the bidding process shall not be considered a Force Majeure. The party unable to perform as a result of force majeure promptly shall notify the other of the beginning and ending of each such period, and County shall compensate Consultant at the rates set forth herein, for the services performed by Consultant hereunder, up to the date of the beginning of such period. If any period of force majeure continues for thirty (30) days or more, either party shall have the right to terminate this Contract upon ten (10) days prior written notice to the other party. 17. PLEDGE OF CREDIT, ARREARS The Consultant shall not pledge the County's credit or make it a guarantor of payment of surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Consultant further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Contract. 0 Packet Pg. 313 8.N.1.c 18. DISCLOSURE AND OWNERSHIP OF DOCUMENTS All original sketches, tracings, drawings, computations, details, design calculations, and other documents and plans that result from the Consultant's services under this Contract are and remain the property of the County as instruments of service. The Consultant shall furnish copies to the County upon completion of such documents. The County shall, at no additional expense, be furnished one (1) set of reproducible copies of any maps and/or drawings prepared for it by the Consultant. Consultant shall likewise submit copies of all field notes, calculation sheets and computer discs to the County. 19. INDEPENDENT CONSULTANT RELATIONSHIP The relationship of the Consultant to the County will be solely that of a consultant. The Consultant is an independent Consultant and is not an employee or agent of the County. Nothing in this Contract shall be interpreted to establish any relationship other than that of an independent Consultant, between the County and the Consultant, its employees, agents, subcontractors, or assigns, during or after the performance of this Contract. The Consultant will provide the professional and technical services required for the successful completion of this Contract in accordance with practices generally acceptable within the industry and good ethical standards. 20. VERIFICATION OF EMPLOYMENT STATUS The Consultant agrees that it shall bear the responsibility for verifying the employment status, under the Immigration Reform and Control act of 1986, of all persons it employs in the performance of this Contract. 21. PROHIBITION AGAINST CONTINGENT FEES The Consultant warrants that it has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this Contract, and that he has not paid or agreed to pay any persons, company, corporation, individual or firm, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, gift or any other consideration, contingent upon or resulting from the award of making this Contract. 22. AUDIT The Consultant agrees that the County or any of its duly authorized representatives shall, until the expiration of three years after expenditure of funds under this Contract, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Consultant involving transactions related to this Contract. The Consultant agrees that payment(s) made under this Contract shall be subject to reduction for amounts charged thereto which are found on the basis of audit examination not to constitute allowable costs under this Contract. The Consultant shall refund by check payable to the County the amount of such reduction of payments. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or three years after completion of the project and issuance of the final certificate, whichever is sooner. Packet Pg. 314 8.N.1.c 23. NON DISCRIMINATION The Consultant covenants and agrees that the Consultant shall not discriminate against any employee or applicant for employment to be employed in the performance of the Contract with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex or physical handicaps (except where based on a bonafide occupational qualification); or because of marital status, race, color, religion, national origin or ancestry. 24. ENFORCEMENT COSTS It is understood and agreed that the Consultant's services under this Contract do not include any participation, whatsoever, in any litigation. Should such services be required, a supplemental Contract may be negotiated between the County and the Consultant describing the services desired and providing a basis for compensation to the Consultant. 25. AUTHORITY TO PRACTICE The County represents that it is a political subdivision of the State of Florida with the authority to engage the professional service described in Attachment "A" and to accept the obligation for payment for the services. The County and Consultant each binds itself and its successors, legal representatives, and assigns to the other party to this Contract and to the partners, successors, legal representatives, and assigns of such other party, in respect to all covenants of this Contract; and, neither the County nor the Consultant will assign or transfer their interest in this Contract without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the party of any officer or agent of any public body which may be a party hereto. The Consultant hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business, and that it will at all times conduct its business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to the County's representative on an annual basis. 26. SEVERABILITY If any term or provision of this Contract, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Contract, or the application of such terms or provisions to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. 27. COMPLETE AGREEMENT This Contract states the entire understanding between the parties and supersedes any written or oral representations, statements, negotiations, or agreements to the contrary. The Consultant recognizes that any representations, statements or negotiations made by the County staff do not suffice to legally bind the County in a contractual relationship unless they have been reduced to writing, authorized, and signed by an authorized County representative. This Contract shall bind the parties, their assigns, and successors in interest. H. Packet Pg. 315 8.N.1.c 28. AMENDMENT This Contract may be amended only with the written approval and agreement of the parties. 29. MODIFICATIONS OF WORK The County reserves the right to make changes in Scope of Work, including alterations, reductions therein or additions thereto. Upon receipt by the Consultant of the County's notification of a contemplated change, the Consultant shall, in writing: 1. Provide a detailed estimate for the increase or decrease in cost due to the contemplated change, 2. Notify the County of any estimated change in the completion date, and 3. Advise the County if the contemplated change shall effect the Consultant's ability to meet the completion dates or schedules of this Contract. If the County so instructs in writing, the Consultant shall suspend work on that portion of the Scope of Work affected by a contemplated change, pending the County's decision to proceed with the change. If the County elects to make the change, the County shall initiate a Contract Amendment and the Consultant shall not commence work on any such change until such written Amendment is signed by the authorized representative for the County. 30. NOTICE All notices, requests, consents, and other communications required or permitted under this Contract shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: As to County: St. Lucie County Administrator Administration Annex 2300 Virginia Avenue Fort Pierce, FL 34982 With a Copy To: St. Lucie County Attorney Administration Annex 2300 Virginia Avenue Fort Pierce, FL 34982 As to the Consultant: EPIC Engineering & Consulting Group, LLC 1511 East SR 434, Suite 3033 Winter Springs, Florida 32708 Phone: (407) 381-3742 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the E Packet Pg. 316 8.N.1.c date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 31. CAPTIONS AND PARAGRAPH HEADINGS Captions and paragraph headings contained in this Contract are for convenience and reference only and in no way define, describe, extend or limit the scope and intent of this Contract, nor the intent of any provisions hereof. 32. WAIVER No waiver by the County of any provision of this Contract shall be deemed to be a waiver of any other provisions hereof or of any subsequent breach by of the same, or any other provision or the enforcement thereof. County's consent to of or approval of any act by Consultant requiring consent or approval shall not be deemed to render unnecessary the obtaining of County's consent to or approval of any subsequent act by Consultant requiring consent or approval, whether or not similar to the act so consented or approved. 33. COMPLIANCE WITH LAWS The Consultant, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this Contract. The County undertakes no duty to ensure such compliance, but will attempt to advise Consultant, upon request, as to any such laws of which it has present knowledge. 34. INTERPRETATION: VENUE This Contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Contract may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Contract shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Contract, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in Federal Court. 35. DISPUTE RESOLUTION Any disputes relating to interpretation of the terms of this Contact or a question of fact or arising under this Contract shall be resolved through good faith efforts upon the part of the Consultant and the County or its Project Manager. At all times, the Consultant shall carry on the work and maintain its progress schedule in accordance with the requirements of the Contract and the determination of the County or its representatives, pending resolution of the dispute. Any dispute which is not resolved by mutual agreement shall be decided by the County Administrator who shall reduce the decision to writing. The decision of the County shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent, capricious, arbitrary, so grossly erroneous as to necessarily imply bad faith, or not be supported by substantial evidence. 10 Packet Pg. 317 8.N.1.c 36. MEDIATION Prior to initiating any litigation concerning this Contract, the parties agree to submit the disputed issue or issues to a mediator for non -binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. In the event that mediation is unsuccessful, either party may bring an action to enforce its rights in a Florida court of appropriate venue and jurisdiction. 37. ANTITRUST ASSIGNMENT The Consultant and the County and the State of Florida recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the State of Florida and local governments. Therefore, the Consultant assigns to the State of Florida and the County any and all claims for such overcharges as to goods, materials or services purchased in connection with the Contract. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Contract in counterparts each of which shall be treated as an original upon the terms and conditions above stated. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUN LORIDA BY: COUNTY ADMINISTRATOR EPIC ENGINEERING & CONSULTING GROUP, LLC BY: PRINT NAME: 11 Packet Pg. 318 8.N.1.c St. Lucie County ._ Analysis and Documentation of Land Management Solution Business and Technical Requirements # Task Estimated Task Details Hours, 1 RFP Scope and Winning Vendor Response Review. 15 EPIC staff will reconcile the requirements in the Land Management Solution RFP with the winning vendor's (Tyler Technologies) response and provide county with summary findings. 2 Document Current Priority Business Processes (Top 72 Conduct meetings with the stakeholder groups responsible for the current priority business 5); Reporting needs and Data Migration needs. processes (Top 5) identified in Task. Document current processes, capture reporting and data migration needs associated with Land Management business processes. Standard templates/ documents used in the Top 5 current processes will be collected and reviewed in this task. The current business process maps will be developed and presented to County staff for review and comments. Comments will be incorporated into the final version of the current process documentation. A total of 2 meetings are budgeted for this task. 3 Perform a Targeted Needs Assessment to Identify 20 This task will include the collection and compilation of user needs and functionality gaps that Potential Challenges for Reporting and Data are existing in current system(s) and reporting processes. The unmet business needs and Migration. functionality gaps in the current systems and processes identified in Task will be documented through user meetings. A total of 2 meetings are budgeted for this task. EPIC will also identify challenges that may impact the positive implementation of the solution sought via this RFP. 4 Technology/ Functional Analysis of the Winning 20 EPIC Staff will analyze Tyler Technologies' response from a technical and functional perspective Vendor Response. in order to determine if the 'intent' of the RFP has been satisfied. EPIC will also review the contract from a technical perspective to see if Tyler is in compliance with the RFP requirements. 5 FIT/ GAP Analysis of the Winning Vendor Response 20 EPIC will document to what extent Tyler Technologies' proposed solution fits the County's with Reference to User / Organizational Needs. current and documented future user and organization needs identified from Tasks 2 and 3 above. 6 Identifiy Training and Change Management Needs 20 This task includes the collection, analysis and documentation of the training requirements, and Correlate with Winning Vendor's Proposed preferences and resources available within the County to support the change management for Solution. the planned Land Management Business Application/Solution and to determine the most cost effective training option for the County. Options that will be evaluated include Train -The - Trainer, Targeted End -User Training, Video Modules, Online Training and other relevant options. Information pertaining to maintaining and supporting the application will also be included in this deliverable. These options will be correlated with the winning vendor's response and documented for County's review. 20170305_St.Lucie_Assessment_Budget / Task_Summary 3/5/2017 1of4 Packet Pg. 319 8.N.1.c St. Lucie County (,.EPIC,)Analysis and Documentation of Land Management Solution Business and Technical Requirements 7 1 Document Additional Current Business Processes (Per Task) Total Effort (hours): 0 Conduct meetings with the stakeholder groups responsible for the current additional business processes . Document current processes, capture process reporting and data migration needs associated with Land Management business processes. Standard templates/ documents used in the additonal current processes will be collected and reviewed in this task. The current business process maps will be developed and presented to County staff for review and comments. Comments will be incorporated into the final version of the current process documentation. A total of 1 meeting is budgeted for each task unless multiple tasks are assigned simultaneously. Each additonal Task will be billed at $149/hour. It is anticipated that completion of each task will take no longer than 15 hours. 167 20170305_St.Lucie_Assessment_Budget / Task_Summary 3/5/2017 2 of 4 Packet Pg. 320 8.N.1.c St. Lucie County Analysis and Documentation of Land Management Solution Business and Technical Requirements Position: Principal (P9) / Sr. Business Analyst Sr. Professional IV (P6) Sr. Professional III (P5) Sr. Professional I (P3) Professional II (P2) Totals Rate ($/Hour): $193.82 $172.28 $156.06 $128.03 $101.78 Item fi Task Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost 1 RFP Scope and Winning Vendor Response Review. 3 $581.46 2.25 $387.63 2.25 $351.14 5.25 $672.16 2.25 $229.01 15 $2,221.39 2 Document Current Priority Business Processes (Top 5); Reporting needs and Data Migration needs. 14.4 $2,791.01 10.8 $1,860.62 10.8 $1,685.45 25.2 $3,226.36 10.8 $1,099.22 72 $10,662.66 3 Perform a Targeted Needs Assessment to Identify Potential Challenges for Reporting and Data Migration. 4 $775.28 3 $516.84 3 $468.18 7 $896.21 3 $305.34 20 $2,961.85 4 Technology/ Functional Analysis of the Winning Vendor Response. 4 $775.28 3 $516.84 3 $468.18 7 $896.21 3 $305.34 20 $2,961.85 5 FIT/ GAP Analysis of the Winning Vendor Response with Reference to User / Organizational Needs. 4 $775.28 3 $516.84 3 $468.18 7 $896.21 3 $305.34 20 $2,961.85 6 IdentifiyTraining and Change Management Needs and Correlate with Winning Vendor's Proposed Solution. 4 $775.28 3 $516.84 3 $468.18 7 $896.21 3 $305.34 20 $2,961.85 Total ` 334 $ 6,473.59 i 25.05 $ 4,315.611 25.051 $ 3,909.30 58.45 $ 7,483.35 25.05 $ 2,549.59 '" 167 $ 24,731.45 O Z C O E C O E a U J J !Z 3 O L t71 C r 3 u) C O U 06 a� c •L d d c c LU v Q LU 20170305_St.Lucie _Assessment_Budget / Budget_by_Resources 3/5/2017 3of4 Packet Pg. 321 8.N.1.c St. Lucie County Analysis and Documentation of Land Management Solution Business and Technical Requirements Estimated Schedule Month 1 Month 2 # Task W1 W2 W3 W4 W1 W2 W3 W4 1 RFP Scope and Winning Vendor Response Review. 2 Document Current Priority Business Processes (Top 5); Reporting needs and Data Migration needs. 3 Perform a Targeted Needs Assessment to Identify Potential Challenges for Reporting and Data Migration. 4 Technology/ Functional Analysis of the Winning Vendor Response. 5 FIT/ GAP Analysis of the Winning Vendor Response with Reference to User / Organizational Needs. 6 Identifiy Training and Change Management Needs and Correlate with Winning Vendor's Proposed Solution. 20170305_St.Lucie_Assessment_Budget / Schedule 3/5/2017 4 of 4 Packet Pg. 322 Client#: 1051553 EPICENG 8.N.1.c ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 1 3/30/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER USI Insurance Services, LLC, 1715 N. Westshore Blvd. Suite 700 Tampa, FL 33607 CONTACT NAME: PHONE g13 321-7500 FAX A/C, No, Ext : A/C, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Travelers Property Cas. Co. 25674 INSURED EPIC Engineering & Consltg Group, LLC INSURER B : Phoenix Insurance Company 25623 INSURER C : Travelers Casualty & Surety Co. 31194 270 Lake Drive Travelers Indemnity Company INSURER D : Y P Y 25658 Oviedo, FL 32765 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LT R LTR TYpE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR X X ZPP21 N67227 3/16/2017 03/16/2018 EACH OCCURRENCE $1,000,000 PREMISES EaEoccccurrrence $300,000 MED EXP (Any one person) $1 O 000 PERSONAL & ADV INJURY $1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: POLICY I AI JECOT F-1I LOC OTHER: GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 $ D AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS X NON -OWNED AUTOS IX X X BA8G399329 3/16/2017 03/16/201 COEaMBINED SINGLE LIMIT accident $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE 1 Per accident $ A X UMBRELLA LIAB EXCESS LIAB I X OCCUR CLAIMS -MADE X X ZUP71 M53228 3/16/2017 03/1612018 EACH OCCURRENCE s4,000,000 AGGREGATE s4,000,000 DED I X RETENTION $1 O 000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITYSTATUTE ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A X UB8G397268 3/16/2017 03/16/201 X PER OTH- IER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 C Professional Liability 106070028 3/16/2017 03/16/2018 $2,000,000 per claim $2,000,000 annl aggr. DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Professional Liability coverage is written on a claims -made basis. St. Lucie County BOCC 2300 Virginia Avenue Fort Pierce, FL 34982 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE o-�:A '-^ Ot9 W-- AO------- ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) 1 of 1 The ACORD name and logo are registered marks of ACORD #S20184034/M20031028 BPKEW Packet Pg. 323 8.P.1 ITEM NO. (ID # 5003) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Christopher Lestrange, Manager Road & Bridge Division DATE 02/20/2018 *CONSENT AGENDA\PUBLIC WORKS Amendment to Median and Right-of-way Mowing Contract C14-09-425 This contract is utilized to provide median and right-of-way mowing, weed eating, and litter collection up to 28 cycles per year. Midway Road from S. 25th Street to Selvitz Road has been widened, and medians and landscaping added. Staff recommends that maintenance of this section of Midway Road and a section of medians on Selvitz Road at the intersection of Midway Road & Selvitz Road be added to the contract for the attached services and pricing. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Sufficient funds are available in account 101-4110-534000-400 Other Contractual Services RECOMMENDATION: Staff recommends the Board approve the third amendment to Contract C14-09-425 with Mow 4 Less, for median and right-of-way mowing, and authorize the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 324 8.P.1 Coordination/Signatures _ V Cw n We t, Public Works Directo 018 anie sWmclnty're,c� orney 2/1/2018 rk 5 er ee 1 ep C o u n t-y"Ad ministrato 2/1/2018 Updated: 2/1/2018 9:49 AM by Michelle Peterson Page 2 Packet Pg. 325 8.P.1.a Addition of Midway Road to Median/Right-of-Way Maintenance Contract Type of Services to be provided for are in accordance with Section A & B of Bid Specs Cost per Application No. Of Times per year Annual Cost Mowing and Maintenance Services (includes hand pulling of weeds) $ 1000.00 28 $ 28,000.00 Power Blade Edging $ 600.00 28 $ 16,800.00 Fertilization of Turf $ 700.00 3 $ 2,100.00 Fertilization of Trees & Plants $ 350.00 3 $ 1,050.00 Shrubbery Trimming $ 1050.00 4 $ 4,200.00 Subtotal A $ 52,150.00 Tree Trimming $ Dead Limb Removal $ 300.00 4 $ 1,200.00 Insecticide Treatment $ 300.00 6 $ 1,800.00 Herbicides Application to cracks in Sidewalks (Concrete Median Only) $ 450.00 6 $ 2,700.00 Herbicides application to planting beds, curbs, etc $ 350.00 12 $ 4,200.00 Subtotal B $ 9,900.00 Total of A & B $ 62,050.00 Optional Periodic Services — The following items may be requested as needed: Cost for Extra Litter Pick up (price per year) $ 12000.00 Supply & Install Red Dyes Recycled Mulch — PER CUBIC YARD $ 50.00 Medians: Description: Midway Road Selvitz Road to 25th Street Selvitz Road Midway Rd north 0.35 miles Rights -of -Way: Description: Midway Road Selvitz Road to 25th Street (Ponds @25th St, Driveway for backflow) Selvits Road Midway Rd north 0.35 miles Packet Pg. 326 8.P.1.b C14-09-425 THIRD AMENDMENT TO SEPTEMBER 16, 2014 CONTRACT BETWEEN ST. LUCIE COUNTY AND MOW 4 LESS, LLC THIS AMENDMENT made this day of , 2018, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (County) and MOW 4 LESS, LLC, or his, its or their successors, executors, administrators and assigns (Contractor). WHEREAS, on September 16, 2014, the parties entered into a Contract for Median and Right-of-way mowing and maintenance; and WHEREAS, on September 18, 2015, the parties executed the first amendment to the Contract to increase the maximum number of mowing and maintenance services and power blade edging services allowed under the contract; and, WHEREAS, on July 31, 2017, the parties executed the second amendment to the Contract exercising the first one-year renewal options and extending the contract to September 30, 2018; and, WHEREAS, the parties desire to further amend the Contract to modify the scope of work to add Midway Road and Selvitz Road to the list of medians and right-of-ways, increase the compensation, and exercise the second one-year renewal option. NOW, THEREFORE, inconsideration of the mutual promises contained herein, the parties agree to amend the Contract as follows: 1. The Bid #14-048 Median and Right-of-way Maintenance bid form is hereby amended to include the Midway Road Median and Right-of-way pricing schedule, attached hereto as Exhibit "A". 2. Paragraph 6. TERM shall be amended to read as follows: 6. TERM The term of this Contract shall be for a period of five (5) years beginning on October 1, 2014 and continuing through September 30, 2019. 3. All other terms and conditions of the original Contract as previously amended shall remain in full force and effect. IN WITNESS WHEREOF, the County has hereunto subscribed and the Vendor has affixed his, its, or their names, or name, and the date aforesaid. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR 1 Packet Pg. 327 8.P.1.b C14-09-425 WITNESSES: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Mow 4 LESS, LLC (1) BY: (2) PRINT NAME: TITLE: Packet Pg. 328 TO: 8.P.2 ITEM NO. (ID # 4933) DATE: 02/20/2018 AGENDA REQUEST *CONSENT AGENDA\PUBLIC WORKS Board of County Commissioners Kimberly Graham, County Engineer SUBMITTED BY: Engineering SUBJECT: Hurricane Irma Emergency Culvert Replacements on Brocksmith Road - Acceptance of Project BACKGROUND: Due to Hurricane Irma, multiple culverts failed on Brocksmith Road, at approximately one (1) mile and two (2) miles, south of Orange Avenue. The emergency culvert replacements were completed by Johnson -Davis for a total cost of $48,509 for both culverts. The work was completed under the State of Emergency. Staff monitored the construction throughout the duration of the culvert replacements. The work has been completed in general conformance to the plans and specifications. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board acceptance of Hurricane Irma Emergency Culvert Replacements on Brocksmith Road. COMMISSION ACTION: Packet Pg. 329 8.P.2 Coordination/Signatures AM-ty)U'z�k _ V C�- n We t, Public Works Directo 018 anie sWmclnty're,c� orney 2/1/2018 rk 5 er ee 1 ep C o u n t-y"Ad ministrato 2/1/2018 Updated: 1/31/2018 11:44 AM by Linda Buchanan Page 2 Packet Pg. 330 8.P.2.a PUBLIC WORKS MEMORANDUM TO: Dan McIntyre, County Attorney FROM: Jennifer Krause Program Coordinat , DATE: 12/19/2017 SUBJECT: Brocksmith Rd. Emergency — Johnson Davis — Releases of Lien There on no Liens filed on the above referenced project. Please approve for correctness. Thank you. Approve: Dan McIntyre County Attorr C: Finance County Engineer Assistant to County Engineer Project Manager Date: l r l e J n r�Ce► J�- an ` �d P -�h�s ��J� ST. LUCIE'�'�JCC ; ,.5 Lb Packet Pg. 331 I 8.P.3 ITEM NO. (ID # 5020) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Don West, Public Works Director Public Works DATE: 02/20/2018 *CONSENT AGENDA\PUBLIC WORKS North 2nd Street Change Order No. 33 with Mancil's Tractor Service, Inc. The North 2nd Street Improvement Project involves a partnership between the Florida Department of Transportation (FDOT), the City of Fort Pierce, Fort Pierce Utilities Authority (FPUA), and St. Lucie County. North 2nd Street is the primary access road into the Port of Fort Pierce Operations Area. The road provides access to most of the existing businesses located at the Port, as well as access to the undeveloped vacant properties. North 2nd Street is a City -owned and maintained right-of-way. The underground utilities are owned and maintained by FPUA. The Project involves total reconstruction of North 2nd Street, including relocation and upgrading of all existing utilities and construction of a new stormwater management system. The road construction will include new pavement, curb and gutter, sidewalks, stormwater collection system, detention ponds, landscaping and street lights. The utilities to be upgraded include water mains, sanitary sewer system, sewer lift stations, natural gas mains, and electrical systems. A Second Street Interlocal Agreement was approved on June 3, 2014, that identifies the responsibilities of each entity involved in the partnership. As the Port Authority, St. Lucie County is administering the construction contract and the grant contracts. The City of Fort Pierce is administering and funding the Consultant Engineering Inspection Services (CEI) for inspection and certification of the roadway and drainage work during construction. Fort Pierce Utilities Authority is providing construction, inspection, and certification of the utility construction. The attached contractor's change order involves additional work that was required to accomplish the job successfully and continue with the ongoing construction efforts. The following paragraph details the change order number, a brief description of the work, the estimated cost, and the partner or agency that is fiscally responsible for the change order. Change Order No. 33 is for the following items that were not included in the original tasking: Packet Pg. 332 8.P.3 * Temporary construction including time and materials for additional access to the Bait and Tackle business on Fisherman's Wharf Road, involving a way to and from the business in order for customers and employees to bypass the on -going construction at the intersection of Indian River Drive and Fisherman's Wharf Road; * Additional time and materials needed during the construction of North 2nd Street, south of Fisherman's Wharf Road, which encountered an artificially high water table due to the former buried shoreline/bulkhead along the east side of North 2nd Street, between Fisherman's Wharf Road and Seaway Drive; *Additional relocation of the existing irrigation system, which was required due to the recently - identified work at the intersection of Seaway Drive and North 2nd Street. The cost of Change Order No. 33 is an additional amount of $32,491.38, and is the fiscal responsibility of SLC & FDOT. The cost for the change order was calculated based on the additional labor and materials incurred for these efforts and minor additional supervision and oversight that was required. Calculating the hourly cost of labor, transportation, cost of materials, along with an additional 1.5% bond for the work, results in the total amount requested for this change order to be $32,491.38 to be paid by SLC & FDOT. PREVIOUS ACTION: September 17, 2013 - Board approval of Work Authorization No. 4 with Taylor Engineering for preparation of landscape plans and bid specifications for North 2nd Street in the amount of $123,316.44. June 3, 2014 - Board approval of North 2nd Street Interlocal Agreement for Infrastructure Improvements. November 18, 2014 - Board approval to award Bid No. 14-056 to Mancil's Tractor Service, Inc., in the amount of $5,805,148.13. February 3, 2015 - Board acceptance of additional funds from FDOT and approval of Budget Resolution establishing the funds from Supplemental No. 2 to JPA with FDOT in the amount of $542,500. December 15, 2015 - Board approval of Change Order No. 5 & No 6 for North Second Street Road Improvements in the amount of $27,200.53. February 9, 2016 - Board approval of Change Order No. 7 in the amount of $16,285.68. March 15, 2016 - Board approval of Change Order No. 8 in the amount of $164,389.03, and Change Order No. 9 in the amount of $7,628.05. May 17, 2016 - Board approval of Change Order No. 10 in the amount of $8,435.45, and Change Order No. 11 in the amount of $24,103.72. June 21, 2016 - Board approval of Change Order No. 12 in the amount of $12,281.50. August 16, 2016 - Board approval of Change Order No. 13 in the amount of $4,489.46, and Change Order No. 14 in the amount of $1,476.83. Updated: 2/5/2018 3:51 PM by Michelle Peterson Page 2 Packet Pg. 333 8.P.3 October 4, 2016 - Board approval of Change Order No. 15 in the amount of $13,426.38, and Change Order No. 16 in the amount of $9,589.62. November 1, 2016 - Board approval of Change Order No. 17 in the amount of $37,790.43, and Change Order No. 18 in the amount of $678.53. December 6, 2016 - Board approval of Change Order No. 19 in the amount of $8,964.71. December 20, 2016 - Board approval of Change Order No. 20 in the amount of $114,032.16. March 7, 2017 - Board approval of Change Order No. 21 and No. 22 in the amount of $163,092.68. June 6, 2017 - Board approval of Change Order No. 23 in the amount of ($64,281.76), and No. 24 in the amount of $14,554.33. July 18, 2017 - Board approval of Change Order No. 25 in the amount of $27,520.54, and No. 26 in the amount of $20,821.60. August 15, 2017 - Board approval of Change Order No. 27 in the amount of $26,960.95, and No 28 in the amount of $46,670.75. October 3, 2017 - Board approval of Change Order No. 29 in the amount of $2,699.73 and No. 30 in the amount of $18,055.63. November 21, 2017 - Board approval of Change Order No. 31 in the amount of $30,807.92. January 9, 2018 - Board approval of Change Order No. 32 in the amount of $40,321.98. FINANCIAL IMPACT: Sufficient funds are available in the Port Budget Fund Numbers 140376-4315-563000-46502 and 140376- 4315-563009-46502. RECOMMENDATION: Staff recommends Board approval of Change Order No. 33 with Mancil's Tractor Service, Inc., in the amount of $32,491.38, to be paid by St. Lucie County and the Florida Department of Transportation, and authorization for the Chair to execute the change orders as approved by the County Attorney. COMMISSION ACTION: updated: 2/5/2018 3:51 PM by Michelle Peterson Page 3 Packet Pg. 334 8.P.3 Coordination/Signatures _ V Cw n We t, Public Works Directo 018 D- 4anieA.WMclntyre,,t, orney 2/6/2018 Jenni Hi �, Interim ffic of and B dget Direct z/s/zoJa 7"',- ,411'w /PlIK/ rk 5 er ee 1 ep C o u n t-y-Ad ministrato 2/12/2018 Updated: 2/5/2018 3:51 PM by Michelle Peterson Page 4 Packet Pg. 335 CHANGE ORDER ST. LUCIE COUNTY PROJECT: (name, address) North 2nd Street Roadway Improvements Ft. Pierce, Florida TO (Contractor): Mancil's Tractor Service, Inc. 8530 SW Jayme Way Palm City, Florida 34990 You are directed to make the following changes in this contract: (Additional sheet attached as Exhibit A - Yes No) See attached exhibit "A", consisting of 03 pages total. CHANGE ORDER NUMBER INITIATION DATE: CONSULTANT'S PROJECT NO.: ST. LUCIE COUNTY CONTRACT NO: CONTRACT DATE 8.P.3.a No. 33 January 31, 2018 C14-11-668 November 18, 2014 The original (Contract Sum) was $ 5,218,117.88 Net change by previous authorized Change orders $ 1,357,605.11 The (Contract Sum) prior to this Change order $ 6,575,722.99 The (Contract Sum) will be (increased, aeGreased er unGhanged) by this Change Order $ 32,491.38 The new (Contract Sum) including this Change order will be $ 6,608,214.37 The Contract Time will be (increased, decreased OF UnGhanged) by ( 5 ) Days The Date of Substantial Completion as of the date of this Change Order therefore is: Substantial: March 26, 2017 Final: May 30, 2017 Funds Available: Account Number The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non -affected work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result or increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope of the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and the Contractor will waive all rights to file a claim on this Change Order after it is properly executed. All work performed under this Change Order shall be performed in accordance with the contract specifications. St. Lucie County reserves all rights to liquidated damages and expenses incurred during the ongoing delay period. CONTRACTOR: Mancil's Tractor Service, Inc Contractor: 8530 SW Jayme Way, Palm City, FL 34990 Address APPROVED: Public Works Department St. Lucie County Department: 2300 Virginia Avenue, Ft. Pierce, FL 34982 Address By: Date: By: Don West, Director Date: AUTHORIZED: ST. LUCIE COUNTY ATTEST: BOARD OF COUNTY COMMISSIONERS Deputy Clerk By: Chair Date: Approved as to Form and Correctness: County Attorney Packet Pg. 336 8.P.3.b CHANGE ORDER ST. LUCIE COUNTY PROJECT: CHANGE ORDER NUMBER: No. 33 (name, address) North 2nd Street INITIATION DATE: January 31, 2018 Roadway Improvements Ft. Pierce, Florida CONSULTANT'S PROJECT NO.: TO (Contractor): Mancil's Tractor Service, Inc. ST. LUCIE COUNTY 8530 SW Jayme Way CONTRACT NO: C14-11-668 Palm City, Florida 34990 CONTRACT DATE November 18, 2014 You are directed to make the following changes in this contract: (Additional sheet attached as Exhibit A - Yes No) See attached exhibit "A", consisting of 03 pages total The original (Contract Sum) was $ 5,218,117.88 Net change by previous authorized Change orders $ 1,357,605.11 The (Contract Sum) prior to this Change order $ 6,575,722.99 The (Contract Sum) will be (increased, deereased er unehaeged) by this Change Order $ 32,491.38 The new (Contract Sum) including this Change order will be $ 6,608,214.37 The Contract Time will be (increased, decreed or unchanged) by ( 5 ) Days The Date of Substantial Completion as of the date of this Change Order therefore is: Substantial: March 26, 2017 : Funds Available: Account Number FinalMay 30, 2017 The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non -affected work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result or increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope of the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and the Contractor will waive all rights to file a claim on this Change Order after it is properly executed. All work performed under this Change Order shall be pe, oM Nltwdance with the contract specifications. St. Lucie County reserves all rights to liquidated damages and expenses incurredi��..,elay period. CONTRACTOR: iQ�APPROVED: Mancil's Tractor Service, Inc. 8530 SW MYRA SMITH, ATTEST: � . OQ144FIgp� •. 'al , City, FL 3494 Q PRESIDENT Date:02/ Deputy Clerk is Works SE 2,200 Virginia Avenue, Ft. Pierce, FL 34982 7ggrk dress ORIO', 4a �� f $r�rn��►� By; Don West, Di ctor Date: AUTHORIZED: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS By: Chair Date: Approved as to Form and Correctness: County Attorney Packet Pg. 337 8.P.4 ITEM NO. RES-2018-28 TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Kyle Croce, Port Engineer Port DATE: 02/20/2018 *CONSENT AGENDA\PUBLIC WORKS Resolution - Fisherman's Wharf Bulkhead Construction (Phase 2) - FIND Agreement SL-17-63 The County has received funding for Fisherman's Wharf Bulkhead and Boat Ramp Phase 2 - Construction from Florida Inland Navigation District (FIND) in the amount of $397,750. There is a fifty percent County match of $397,750 for a total project cost of $795,500. These funds are designated for construction of the bulkhead and boat ramp for the Fisherman's Wharf Basin. This work will be consistent with the Fisherman's Wharf Development Study - Conceptual Design Option 2 (see attached) presented by Rick Ferrin of Transystems at the Joint Board Meeting on May 15, 2015, with updated detail by Kyle Croce, Port Engineer, at the Joint Board Meeting on November 10, 2016. PREVIOUS ACTION: November 15, 2016 - Board approved regular agenda item 10.A.1. Resolution - Capital Improvement Revenue Bond, Series 2016A Amended December 6, 2016 - Board acceptance of funds through Florida Inland Navigation District (FIND) Project Agreement #SL-16-61 in the amount of $316,000.00 for Fisherman's Wharf - Bulkhead Design Phase April 18, 2017 - Board approved submittal of FIND Waterways Assistance Program application for the Fisherman's Wharf Bulkhead Construction Phase 2 June 6, 2017 - Board approved submittal of Florida Fish and Wildlife (FWC) Florida Boating Improvement Program application for the Fisherman's Wharf Boat Ramp Design in the amount of $75,000.00 FINANCIAL IMPACT: Sufficient matching funds in the amount of $397,750 are available in account string 324-4315-563016- 164618; Cap Imp Rev Bond, 2016A Construction. Packet Pg. 338 8.P.4 RECOMMENDATION: Staff recommends Board acceptance of funds from Florida Inland Navigation District (FIND) agreement #SL-17-63 in the amount of $397,750.00 for Fisherman's Wharf Bulkhead and Dredging Construction Phase, and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Coordination/Signatures Con West, Public Works Director j 018 04 iaWiel&Mclntyre,C my ttorney 2/8/2018 Jenn Hi�,lnterim ffic of re andB dgetDirect r 28/2018 rk 5 er ee, D e uK C o u n 1�y-Ad ministrato 2/12/2018 Updated: 2/12/2018 5:09 PM by Katrina Slay Page 2 Packet Pg. 339 r 8.P.4.a FLORIDA INLAND NAVIGATION DISTRICT PROJECT AGREEMENT PROJECT NO. SL-17-63 This PROJECT AGREEMENT ("AGREEMENT") made and entered into this day of , 20 by and between the Florida Inland Navigation District (hereinafter the "DISTRICT"), and St. Lucie Count (hereinafter the "PROJECT SPONSOR"). In consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1. PROJECT - Subject to the provisions of this AGREEMENT and Rule 6613-2 of the Florida Administrative Code (a current copy of which is attached as Exhibit "B"), the DISTRICT has approved assistance funding to the PROJECT SPONSOR in furtherance of an approved project ("PROJECT") consisting of the Fisherman's Wharf Bulkhead and Boat Ramp Phase II. Said PROJECT is more specifically described in the PROJECT SPONSOR'S Waterways Assistance Application, which is on file at the DISTRICT's headquarters. Any modifications to the PROJECT'S scope of work shall require written advance notice and justification from the PROJECT SPONSOR and the prior written approval of the DISTRICT. 2. TERM - The PROJECT SPONSOR shall not commence work on the PROJECT prior to the execution of this AGREEMENT unless specifically authorized by the DISTRICT Board and shall complete the PROJECT and submit all required payment reimbursement information on or before September 30, 2019 ("PROJECT PERIOD"), unless the PROJECT PERIOD has been extended with the prior written approval of the DISTRICT. Any request for an extension of the PROJECT PERIOD shall require submittal by the PROJECT SPONSOR of a request for extension to the DISTRICT no later than 60 days prior to the original expiration date of the PROJECT PERIOD. This request will then be considered by the DISTRICT Board, whose decision shall be final. In no event other than a declared state of emergency that affects the project completion shall the PROJECT be extended beyond September 30, 2020. The PROJECT SPONSOR acknowledges this is the only provision to carry over the DISTRICT assistance funding under this AGREEMENT beyond September 30, 2019, and that any extension of funding beyond this date shall be at the sole discretion of the DISTRICT. Packet Pg. 340 8.P.4.a 3. ASSISTANCE AMOUNT - The DISTRICT shall contribute ("ASSISTANCE AMOUNT") no more than fifty percent 5Q°/gJ ("MATCHING PERCENTAGE") of the PROJECT SPONSOR'S eligible out-of-pocket costs for completion of this PROJECT ("PROJECT AMOUNT"). Payment of funds by the DISTRICT to the PROJECT SPONSOR (the "ASSISTANCE AMOUNT") will be on a reimbursement basis only, and only for those authorized out of pocket costs as shown in Exhibit A ("PROJECT COSTS") and meeting the requirements of Section 5 below and shall not, in any event, exceed $397,750.00. Any modifications to the PROJECT'S Cost Estimate Exhibit A shall require written advance notice and justification from the PROJECT SPONSOR and the prior written approval of the DISTRICT. 4. MATCHING FUNDS - The PROJECT SPONSOR warrants and represents that it has the PROJECT SPONSOR Match Amount (the PROJECT AMOUNT less the ASSISTANCE AMOUNT) available for the completion of the PROJECT and shall, prior to the execution of this Agreement, have provided the DISTRICT with suitable evidence of the availability of such funds using the DISTRICT's Form #95-01 (Exhibit C) and, upon request, providing the DISTRICT with access to applicable books and records, financial statements, and bank statements. 5. PROJECT COSTS - To be eligible for reimbursement under this Agreement, PROJECT COSTS must be necessary and reasonable for the effective and efficient accomplishment of the PROJECT and must be directly allocable thereto. PROJECT COSTS are generally described in Exhibit B. PROJECT COSTS must be incurred and work performed within the PROJECT PERIOD, with the exception of pre -agreement costs, if any, consistent with Section 6 below, which are also eligible for reimbursement by the DISTRICT. If the PROJECT SPONSOR receives additional funding for the PROJECT COSTS from another source that was not identified in the original application and that changes the agreement MATCHING PERCENTAGE, the PROJECT SPONSOR shall proportionately reimburse the DISTRICT's program funds equal to the MATCHING PERCENTAGE in the approved project agreement. The PROJECT SPONSOR shall promptly notify the DISTRICT of any project payments it receives from a source other than the DISTRICT. 6. PRE -AGREEMENT COSTS - The DISTRICT and the PROJECT SPONSOR fully understand and agree that there shall be no reimbursement of funds by the DISTRICT for any obligation or expenditure made prior to the execution of this Agreement unless previously 2 Packet Pg. 341 8.P.4.a delineated in Exhibit A, consistent with Exhibit B, and previously approved by the DISTRICT Board during the grant review process. 7. REIMBURSEMENT PROCEDURES - PROJECT COSTS shall be reported to the DISTRICT and summarized on the Payment Reimbursement Request Form (Form #90-14) attached as Exhibit D. Supporting documentation including bills and canceled payment vouchers for expenditures shall be provided to the DISTRICT by the PROJECT SPONSOR or LIAISON AGENT with any payment request. All records in support of the PROJECT COSTS included in payment requests shall be subject to review and approval by the DISTRICT or by an auditor selected by the DISTRICT. Audit expenses shall be borne by the PROJECT SPONSOR. Project funds may be released in installments, at the discretion of the DISTRICT, upon submittal of a payment request by the PROJECT SPONSOR or LIAISON AGENT. The DISTRICT shall retain ten percent (10%) of each installment payment until the completion of the PROJECT. The following costs, if authorized in the attached Exhibit B, shall be reimbursed only upon completion of the PROJECT to the reasonable satisfaction of the DISTRICT and in accordance with Exhibit B: personnel, equipment, project management, administration, inspection, and design, permitting, planning, engineering, and/or surveying costs. Assuming the PROJECT SPONSOR has otherwise fully complied with the requirements of this Agreement, reimbursement for a PROJECT approved as Phase I project will be made only upon commencement of construction of the PROJECT for which the Phase I planning, designing, engineering and/or permitting were directed, which may or may not involve further DISTRICT funding. Procedures set forth below with respect to reimbursement by the DISTRICT are subject to this requirement of commencement of construction. The DISTRICT shall have the right to withhold any payment hereunder, either in whole or part, for non-compliance with the terms of this Agreement. 8. FINAL REIMBURSEMENT - The PROJECT SPONSOR, upon completion of the PROJECT, shall submit to the DISTRICT a request for final reimbursement of the ASSISTANCE AMOUNT less any prior installment payments. The payment amounts previously retained by the DISTRICT shall be paid upon (1) receipt of the Final Audit report of expenses incurred on the PROJECT by the DISTRICT, (2) full completion of the PROJECT to the reasonable satisfaction of the DISTRICT, (3) submission of Project Completion Certification Form No. 90-13 (Exhibit E), (4) submission of a photograph of the PROJECT showing the sign required by Section 18, and (5) a Final Project Report as described in Exhibit G. As part of the documentation accompanying the 3 Packet Pg. 342 8.P.4.a request for final reimbursement, PROJECT SPONSOR shall provide proof of payment of all contractors, material suppliers, engineers, architects and surveyors with whom PROJECT SPONSOR has directly contracted (each a "DIRECT PROVIDER") to provide services or materials for the PROJECT. The final reimbursement amount shall be adjusted as necessary such that neither the total ASSISTANCE AMOUNT nor the MATCHING PERCENTAGE is exceeded. Unless otherwise determined by the DISTRICT, the final reimbursement check shall be presented by a DISTRICT representative to the PROJECT SPONSOR during a public commission meeting or public dedication ceremony for the PROJECT. 9. RECORDS RETENTION - The PROJECT SPONSOR shall retain all records supporting the PROJECT COSTS for three (3) years after the end of the fiscal year in which the Final Payment is released by the DISTRICT, except that such records shall be retained by the PROJECT SPONSOR until final resolution of matters resulting from any litigation, claim, or special audit that starts prior to the expiration of the three-year retention period_ 10. DEFAULT AND REMEDIES — In the event of a breach of any of the terms of this Agreement by the PROJECT SPONSOR, the DISTRICT shall provide written notice to the PROJECT SPONSOR, which shall have sixty (60) days in which to cure the breach. If the PROJECT SPONSOR fails to cure the breach within the cure period, the DISTRICT shall have the right, but not the obligation, to demand that the PROJECT SPONSOR immediately refund the ASSISTANCE AMOUNT to the extent paid. PROJECT SPONSOR shall refund to the DISTRICT the full amount of the ASSISTANCE AMOUNT, whereupon this Agreement, and all further rights thereunder, shall be terminated. If the DISTRICT does not demand reimbursement as aforesaid, the DISTRICT may exercise any and all other remedies available at law or in equity. With respect to the PROJECT SPONSOR's obligations under Sections 15, 17 and 20, PROJECT SPONSOR acknowledges that breach by the PROJECT SPONSOR of one or more of its obligations under said sections might cause the DISTRICT to suffer irreparable harm, namely harm for which damages would be an inadequate remedy. PROJECT SPONSOR further acknowledges that the DISTRICT might suffer irreparable harm due to delay if, as a condition to obtaining an injunction, restraining order, or other equitable remedy with respect to such a breach, the DISTRICT were required to demonstrate that it would suffer irreparable harm. The parties therefore intend that if the PROJECT SPONSOR breaches one or more of its obligations under Sections 15, 17 or 20, the DISTRICT, in addition to such other remedies which may be available, shall have the right to seek specific performance and injunctive relief, and for purposes of determining whether to grant an equitable 4 Packet Pg. 343 8.P.4.a remedy any court will assume that the breach would cause the DISTRICT irreparable harm. The provisions of this section shall survive completion of the PROJECT. 11. DISTRICT PROJECT MANAGER - The Executive Director, or his designee, is hereby designated as the DISTRICT's Project Manager for the purpose of this Agreement and shall be responsible for monitoring performance of its terms and conditions and for approving all reimbursement requests prior to payment. 12. PROJECT SPONSOR'S LIAISON AGENT - The PROJECT SPONSOR shall appoint a LIAISON AGENT, whose name and title shall be submitted to the DISTRICT upon execution of this Agreement, to act on behalf of the PROJECT SPONSOR relative to the provisions of the Project Agreement. 13. STATUS REPORTS - The PROJECT SPONSOR or LIAISON AGENT shall submit to the DISTRICT project status reports during the PROJECT term. These Quarterly Reports are to be on Form #95-02 (Exhibit F). Project design drawings, engineering drawings, and a copy of the Project bid award construction item cost list will be submitted as available. Photographs shall be submitted when appropriate to reflect the work accomplished. NON-COMPLIANCE by the PROJECT SPONSOR with the reporting schedule in Exhibit G may result in revocation of this Agreement. 14. LAWS - The PROJECT SPONSOR agrees to obtain and to abide by all federal, state, and local permits and proprietary authorizations, and all applicable laws and regulations in the development of the PROJECT. The PROJECT SPONSOR agrees that all PROJECT facilities shall be designed and constructed in compliance with applicable state and federal statutory requirements for accessibility by handicapped persons, as well as all other federal, state and local laws, rules, and requirements. 15. NON-DISCRIMINATION - The PROJECT SPONSOR agrees that when completed, the PROJECT shall be readily accessible, on a non-exclusive basis, to the general public without regard to age, sex, race, physical handicap, or other condition, and without regard to residency of the user in another political subdivision. 16. PARKING FACILITIES -Adequate parking shall be made available by the PROJECT SPONSOR to accommodate vehicles for the number of persons for which the PROJECT is being developed. 17. SITE DEDICATION - The PROJECT SPONSOR also agrees that the PROJECT site shall be dedicated for the public use for a minimum period of twenty-five (25) years from the Packet Pg. 344 8.P.4.a completion of the PROJECT, such dedication to be in the form of a deed, lease, management agreement or other legally binding document. Any change in such dedication shall require the prior approval of the DISTRICT. The PROJECT SPONSOR shall record evidence of such dedication within the Public Records of the County in which the PROJECT is located. 18. ACKNOWLEDGMENT — For construction projects, the PROJECT SPONSOR shall erect a permanent sign, approved by the DISTRICT, in a prominent location such as the PROJECT entrance of the completed PROJECT, which shall indicate that the DISTRICT contributed funds for the PROJECT. The wording of the sign required by this section shall be approved by the DISTRICT's staff before construction and installation of said sign. This sign shall contain the DISTRICT logo (Exhibit H) unless otherwise stipulated by the DISTRICT. In the event that the PROJECT SPONSOR erects a temporary construction sign, it shall also indicate the DISTRICT's participation. For all other types of projects, the PROJECT SPONSOR shall acknowledge the DISTRICT where feasible, in concurrence with the DISTRICT staff s recommendations. 19. PROJECT MAINTENANCE - When and as applicable, the PROJECT SPONSOR agrees to operate, maintain, and manage the PROJECT for the life of the PROJECT improvements and will pay all expenses required for such purposes. The PROJECT improvements shall be maintained in accordance with the standards of maintenance for other local facilities owned and operated by the PROJECT SPONSOR, and in accordance with applicable health standards. PROJECT facilities and improvements shall be kept reasonably safe and in reasonable repair to prevent undue deterioration and to encourage public use. The PROJECT SPONSOR warrants and represents that it has full legal authority and financial ability to operate and maintain said PROJECT facilities and improvements. 20. FEES — Any fees charged for this PROJECT shall be reasonable and the same for the general public of all member counties. The PROJECT SPONSOR must demonstrate that a minimum of fifty percent (50%) of the PROJECT fees will be utilized for project maintenance and improvements throughout the anticipated 25-year life of a development project or the design life of other project types, as applicable. 21. SOVEREIGN IMMUNITY - Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees, contractors and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity under Section 768.28, Florida Statutes. The PROJECT SPONSOR acknowledges that the DISTRICT, its C Packet Pg. 345 8.P.4.a employees, commissioners and agents are solely providing funding assistance for the PROJECT and are not involved in the design, construction, operation or maintenance of the PROJECT. 22. INSPECTIONS - The DISTRICT reserves the right, upon reasonable request, to inspect said PROJECT and any and all records related thereto at any time. 23. RIGHTS AND DUTIES - The rights and duties arising under this Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns, and shall, unless the context clearly requires otherwise, survive completion of the PROJECT. The PROJECT SPONSOR may not assign this Agreement nor any interest hereunder without the express prior written consent of the DISTRICT. 24. WAIVERS - Waiver of a breach of any provisions of this Agreement shall not be deemed a waiver of any other breach of the same or different provision. 25. NOTICE - Any notice required to be given pursuant to the terms and provisions of this Agreement shall be in writing, postage paid, and shall be sent by certified mail, return receipt requested, to the DISTRICT or PROJECT SPONSOR at the addresses below. The notice shall be effective on the date indicated on the return receipt. To the DISTRICT at: Florida Inland Navigation District 1314 Marcinski Road Jupiter, Florida 33477-9498 To the PROJECT SPONSOR at: St. Lucie County Attention: Port Engineer, Public Works 2300 Virginia Ave, Rm 229-Engineering Fort Pierce, FL 34982 26. NO JOINT VENTURE - The DISTRICT's role with respect to the PROJECT is that of a funding assistance authority only and the DISTRICT is not, and shall not be considered to be, an agent, partner, or joint venturer with the PROJECT SPONSOR. 27. GOVERNING LAW - The validity, interpretation and performance of this Agreement shall be controlled and construed according to the laws of the State of Florida. 28. TRANSFERENCE - It is the intent of the DISTRICT to issue this funding assistance to the PROJECT SPONSOR who has made application for this assistance. In the event 7 Packet Pg. 346 8.P.4.a the PROJECT SPONSOR transfers ownership or management of the PROJECT to a party or parties not now a part of this AGREEMENT, other than another governmental entity that agrees to assume, in writing, PROJECT SPONSOR'S obligation hereunder, the DISTRICT retains the right to full reimbursement from the PROJECT SPONSOR to the full extent of the funding assistance provided by the DISTRICT, including but not limited to any costs and reasonable attorney's fees (regardless of whether litigation ensues) incurred by the DISTRICT in collecting said reimbursement. 29. ENTIRE UNDERSTANDING - This Agreement, including any exhibits made a part hereof, embodies the entire Agreement and understanding of the parties and supersedes all prior oral and written communications between them. The terms hereof may be modified only by a written amendment signed by both parties hereto. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day, month and year aforesaid. WITNESSES: WITNESSES: FLORIDA INLAND NAVIGATION DISTRICT By: Executive Director Date: PROJECT SPONSOR By: Title: Date: 8 Packet Pg. 347 8.P.4.a EXHIBIT A ATTACHMENT E-5 FLORIDA INLAND NAVIGATION DISTRICT ASSISTANCE PROGRAM 2017 PROJECT COST ESTIMATE (See Rule Section 6613-2.005 & 2.008 for eligibility and funding ratios) Project Title• Fisherman's Wharf Bulkhead Construction ( Phase 2) Applicant• St. Lucie County Board of County Commissioners Project Elements Quantity or Total Applicant's Cost FIND Cost (Please list the MAJOR project elements and Estimated Cost provide general costs for each one. For (Number and/or Footage Phase I Projects, please list the major etc.) elements and products expected) Bulkhead & Boat Ramp Facility $4,300,000 $3,902,250 $ 397,750 "TOTALS = $4,300,000 $3,902,250 $ 397,750 Form No. 90-25 (New 10/14/92, Revised 04-24-06) Packet Pg. 348 8.P.4.a EXHIBIT B 2017 CHAPTER 6613-2 WATERWAYS ASSISTANCE PROGRAM 66B-2.001 Purpose 66B-2.002 Forms 6613-2.003 Definitions 66B-2.004 Policy 66B-2.005 Funds Allocation 6613-2.006 Application Process 66B-2.0061 Emergency Applications 66B-2.008 Project Eligibility 66B-2.009 Project Administration 66B-2.011 Reimbursement 66B-2.012 Accountability 66B-2.013 Acknowledgement 66B-2.014 Small -Scale Spoil Island Restoration and Enhancement Projects 66B-2.015 Small -Scale Derelict Vessel Removal Projects 6613-2.016 Waterways Cleanup Events 6611-2.001 Purpose. Recognizing the importance and benefits of inland navigation channels and waterways, as well as noting problems associated with the construction, continued maintenance and use of these waterways, the Florida Legislature created Section 374.976, F.S. This law authorizes and empowers each inland navigation district to undertake programs intended to alleviate the problems associated with its waterways. The purpose of this rule is to set forth the District's policy and procedures for the implementation of an assistance program under Section 374,976, F.S., for local governments, member counties and navigation related districts within the District. This program will be known hereafter as the Florida Inland Navigation District's Waterways Assistance Program. Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History —New 12-17-90, Formerly 16T-2.001. 66B-2.002 Forms. All forms for the administration of this program are available from the District office located at 1314 Marcinski Road, Jupiter, Florida 33477. Rulemaking Authority 374, 976(2) FS. Law Implemented 374.976(1) FS. History —New 12-17-90, Formerly 16T-2.002. 6613-2.003 Delanitions. The basic terms utilized in this rule are defined as follows: (1) "APPLICANT" means an eligible governmental agency submitting an application through this program. (2) "APPLICATION" means a project proposal with the required documentation. (3) "AUTHORIZED SUBMISSION PERIOD" means the established period for submitting applications to the District. (4) `BEACH RENOURISHMENT" means the placement of sand on a beach for the nourishment, renourishment or restoration of a beach. (5) "BOARD" means the Board of Commissioners of the Florida Inland Navigation District. (6) "DISTRICT" means the Florida Inland Navigation District (FIND). (7) "ELIGIBLE GOVERNMENTAL AGENCY" means member counties, local governments and navigation related districts within the taxing boundaries of the District. (8) "ENVIRONMENTAL PERMITS" means those permits, proprietary authorizations, exemptions, or general permits for construction below mean high water line of a navigable waterway required and issued by or on behalf of the U.S. Army Corps of Packet Pg. 349 8.P.4.a Engineers, the Florida Department of Environmental Protection, and the South Florida or the St. Johns River Water Management Districts or their successors. (9) "EXECUTIVE DIRECTOR" means the Executive Director of the Florida Inland Navigation District. (10) "LIAISON AGENT" means the contact person officially designated to act on behalf of the applicant or the project sponsor. (11) "LOCAL GOVERNMENTS" means municipalities, cities, or consolidated county governments, which are located within the member counties. (12) "MARITIME MANAGEMENT PLAN" means a written plan containing a systematic arrangement of elements specifically formulated to identify, evaluate and promote the benefits of eligible waterway accessibility and enjoyment, with consideration and respect to the physical, environmental and economic parameters of the planning area. (13) "MATCHING FUNDS" means those funds provided by the local sponsor to the project. (14) "MEMBER COUNTY" means a county located within the taxing boundaries of the District which includes Nassau, Duval, St. Johns, Flagler, Volusia, Brevard, Indian River, St. Lucie, Martin, Palm Beach, Broward and Miami -Dade Counties. (15) "NAVIGATION RELATED DISTRICTS" means port authorities, inlet districts or any other agency having legally authorized navigation related duties in waterways of the District. (16) "PRE -AGREEMENT COSTS" means project costs approved by the District Board which have occurred prior to the execution of the project agreement. (17) "PROGRAM" means the Florida Inland Navigation District Waterways Assistance Program. (18) "PROGRAM FUNDS" means financial assistance awarded by the Board to a project for release to the project sponsor pursuant to the terms of the project agreement. (19) "PROJECT" means a planned undertaking consisting of eligible program facilities, improvements or expenses for the use and benefit of the general public. (20) "PROJECT AGREEMENT" means an executed contract between the District and a project sponsor setting forth mutual obligations regarding an approved project. (21) "PROJECT MAINTENANCE" means any usual action, activity, expense, replacement, adjustment or repair taken to retain a project or grant item in a serviceable, operational or normal condition, or the routine efforts and expenses necessary to restore it to serviceable or normal condition, including the routine recurring work required to keep the project or grant item in such condition that it may be continuously used at its original or designed capacity and efficiency for its intended purpose. (22) "PROJECT MANAGER" means the District employee who is responsible for monitoring the performance of the Project and compliance with the project agreement. (23) "PROJECT PERIOD" means the approved time during which costs may be incurred and charged to the funded project. (24) "PROJECT SPONSOR" means an eligible governmental agency receiving program funds pursuant to an approved application. (25) "PUBLIC BUILDING" means a building or facility on government owned property that is owned or operated by a governmental entity, or operated by a third party operator. The building or facility must provide waterway related information, public meeting space, or educational services and be open to members of the public on a continual basis without discrimination. (26) "PUBLIC MARINA" means a harbor complex used primarily for recreational boat mooring or storage, the services of which are open to the general public on a first come, first served basis without any qualifying requirements such as club membership, stock ownership, or differential in price. (27) "PUBLICLY OWNED COMMERCIAL OR INDUSTRIAL WATERWAY ACCESS" means any publicly owned area specifically designed to be used for staging, launching, or off-loading by commercial or industrial waterway users on a first come, first served, short-term basis, to gain entry to or fzom the District's waterways to serve the infrastructure needs of the District's waterway users. (28) "TRIM HEARING" means a public hearing required by Chapter 200, F.S., concerning the tax and budget of the District. (29) "WATERWAYS" means the Atlantic Intracoastal Waterway, the Okeechobee Waterway, the Barge Canal in Brevard County west of the Port Canaveral Locks, those portions of the Dania Cut -Off Canal and the Hillsboro Canal east of the water control structures, all navigable natural rivers, bays, creeks or lagoons intersected by said waterways and all navigable natural creeks, rivers, bays or lagoons entering or extending from said waterways. (30) "WATERWAY RELATED ENVIRONMENTAL EDUCATION" means an interdisciplinary holistic process by which the learner: develops an awareness of the natural and manmade environments of waterways; develops knowledge about how the Packet Pg. 350 8.P.4.a environment of the waterways works; acquires knowledge about the technological, social, cultural, political, and economic relationships occurring in waterway related environmental issues; and, becomes motivated to apply action strategies to maintain balance between quality of life and quality of the environment of waterways. Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -New 12-17-90, Amended 9-2-92, 2-6-97, Formerly 16T-2.003, Amended 5-17-98, 3-21-01, 3-20-03, 3-3-04, 4-21-05, 4-24-06, 4-15-07, 3-25-08, 3-7-11. 6613-2.004 Policy. The following constitutes the policy of the District regarding the administration of the program: (1) Financial Assistance Eligibility: Financial assistance, support and cooperation may be provided to eligible governmental agencies for approved projects as follows: (a) Member counties may be provided financial assistance, support or cooperation in planning, acquisition, development, construction, reconstruction, extension, improvement, operation or the maintenance of public navigation, local and regional anchorage management, beach renourishment, public recreation, inlet management, environmental education, maritime management plans, and boating safety projects directly related to the waterways. (b) Eligible local governments may also be provided financial assistance, support and cooperation in planning and carrying out public navigation, local and regional anchorage management, beach renourishment, public recreation, inlet management, environmental education, and boating safety projects directly related to the waterways. (c) Navigation related districts may be provided with financial assistance to pay part of the costs of the planning and acquisition of dredge material management sites if the Board finds that the site is required for the long-range maintenance of the Atlantic Intracoastal Waterway channel. All such sites must meet the development and operational criteria established by the District through a long-range dredge material management plan for that county. Navigation related districts may also be provided with assistance for waterway related access projects, environmental mitigation projects associated with waterway improvement related activities, and inlet management projects if the Board finds that the project benefits public navigation in the Atlantic Intracoastal Waterway. All navigation related districts shall contribute at least equal matching funds to any District financial assistance provided. Seaports may also be furnished assistance and support in planning and carrying out environmental mitigation projects. All seaport projects shall benefit publicly maintained channels and harbors. Each seaport shall contribute matching funds for funded projects. (d) Eligible projects shall include the acquisition and development of public boat ramps and launching facilities, including those in man-made, navigable waterways contiguous to "waterways" as defined in Rule 66B-2.003, F.A.C. (2) Notification: The District will notify by direct mail, email and/or advertised public notice all eligible governmental agencies of the program and the upcoming authorized submission period. (3) Project Approval: Approval of projects by the District shall be in accordance with these rules. (4) Project Accessibility: Facilities or programs funded in whole or in part by program funds shall be made available to the general public of all of the member counties on a non-exclusive basis without regard to race, color, religion, age, sex or similar condition. Additionally, facilities funded in whole or in part by program funds, shall not require a paid membership for the general public of all of the member counties as a condition to use the facilities. User or entrance fees may be charged for the use of facilities funded in whole or in part by program funds, however such fees shall be reasonable and shall be the same for the general public of all of the member counties. (5) Waterway Impacts: All development projects must be designed so as not to impact navigation along the District's waterways through the placement of structures, attendant uses, or the necessity of a boating speed zone for safety purposes. Before applying for boating speed zone designation in District waterways because of a project funded by this program, the sponsor shall first receive approval from the Board. The Board will use the criteria found in Section 327.46(1), F.S., in determining whether to approve the proposed boating speed zone. (6) Project Maintenance: The project sponsor shall be responsible for the operation, maintenance, and management of the project for the anticipated life of the project and shall be responsible for all expenses required for such purposes. The project shall be maintained in accordance with the standards of maintenance for other similar local facilities and in accordance with applicable health standards. Project facilities and improvements shall be kept reasonably safe and in reasonable repair to prevent undue deterioration and to encourage public use. The project sponsor shall have full legal authority and financial ability to operate and maintain the project facilities. Packet Pg. 351 8.P.4.a (7) Education Facilities and Programs: Waterways related environmental education facilities and programs sponsored by the District shall occur at specially designated environmental education facilities located adjacent and contiguous to the waterways. It is the District's intent to consolidate its environmental education efforts in the least number of facilities within an area that will adequately serve the education needs of that area of the District. (8) Public Information Availability: Public information produced with assistance from this program shall not be copyrighted and shall be provided free of cost, except for the cost of reproduction, to the public. (9) Third -Party Project Operators: Projects that are being operated by a third party shall have sufficient oversight by the eligible project sponsor as determined by the Board. Such oversight, at a minimum, will include a project liaison that is a staff member of the eligible project sponsor, and oversight of the operating hours and admission fees of the facility by the eligible project sponsor through a legal agreement. All third party projects shall be open to the public in accordance with this rule. (10) Non-compliance: The District shall terminate a project agreement and demand return of program funds disbursed to the project sponsor for non-compliance with any of the terms of the project agreement or this rule, if such non-compliance calls into question the ability of the applicant to complete the project. Failure of a project sponsor to comply with the provisions of this rule or the project agreement shall result in the District declaring the project sponsor ineligible for further participation in the program until such time as compliance has been met to the satisfaction of the District. (11) Fees: Any public project eligible for District program funds that charges a fee or will charge a fee must create and maintain an enterprise fund for the public project that shall plan for and retain at all times sufficient funds for the on -going maintenance of the facility during its project life. Accounting records of the previous five years of the public project's enterprise fund will be submitted as part of any subsequent assistance program application to the District. Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(I), (2) FS. History —New 11-17-90, Amended 2-3-94, 2-6-97, Formerly 16T-2.004, Amended 5-18-98, 3-31-99, 5-25-00, 3-21-01, 7-30-02, 3-3-04, 4-21-05, 4-1-09, 2-22-10, 3-7-11, 3-7-11, 1-27-14, 2-17-15. 66B-2.005 Funds Allocation. The Board will allocate funding for this program based upon the District's overall goals, management policies, fiscal responsibilities and operational needs for the upcoming year. Funding allocations to navigation related districts, member counties and local governments shall be based upon the proportional share of the District's ad valorem tax collections from each county. If funds are determined to be available for the program, the District will notify potential eligible governmental agencies of the availability of program funding. Applications will be reviewed by the Board utilizing District Forms No. 91-25 and 91-25 (A) through (F) Waterways Assistance Program Application and Evaluation Worksheet (effective date 1/2014), hereby incorporated by reference and available at: http:/i'www.flruies.org/Gatewav/reference.asp'?No.=Ref-0 1568 and available from the District office or by download from the District's webpage at: www.aicw.org. (1) Funding Assistance Availability: In as much as the District has other fiscal responsibilities and operational needs, financial assistance to eligible government agencies shall not exceed an amount equal to eighty (80) percent of the proportional share of the District's ad valorem tax collections from each county in which such agencies are located. The District may make an exception to this funding limitation, if funds are determined to be available based upon the District's overall goals, management policies, fiscal responsibilities and operational needs, or in counties that are recovering from a state of emergency declared under Chapter 252, F.S. (2) Project Funding Ratio: All financial assistance and support to eligible governmental agencies shall require, at a minimum, equal matching funds from the project sponsor, with the exception of public navigation projects that meet the provisions of subsection 66B-2.005(6), F.A.C., land acquisition projects in accordance with subsection 66B-2.005(7) and Rule 6613-2.008, F.A.C., small-scale spoil island restoration and enhancement projects that meet the provisions of Rule 66B-2.014, derelict vessel projects consistent with Rule 6613-2.0015, F.A.C., and Waterway Cleanup Projects approved under Rule 66B-2.0016, F.A.C. Applicant's in-house costs are limited pursuant to paragraph 6611-2.008(1)(c), F.A.G. All financial assistance to seaports shall require equal matching funds. The District shall contribute no more than fifty percent (50%) of the local share of the cost of an inlet management or beach renourishment project. The District shall not contribute funding to both the state and local shares of an inlet management or beach renourishment project. (3) Pre -agreement Expenses: The project sponsor shall not commence work on an approved project element prior to the execution of the project agreement unless authorized by the Board during the review and funding approval process. Board authorization of pre - agreement expenses will be given for the commencement of work prior to the execution of a project agreement if the Board determines that there is a benefit to the District, its waterways or its constituents. All project costs must be incurred and work performed within Packet Pg. 352 8.P.4.a the project period as stipulated in the project agreement unless pre -agreement costs are approved by the Board. Pre -agreement expenses will be approved if they are consistent with the provisions of Rule 668-2.008, F.A.C., and occur within the fiscal year of the grant application submission (October 1st to September 30th). Pre -agreement expenses, except for projects approved by the Board as multi- year projects, will be limited to fifty (50) percent of the project's total cost and if the expenses are eligible project expenses in accordance with this rule. Only one-half (112) or less of the approved pre -agreement expenses will be eligible for reimbursement funding from the District, except for projects approved by the Board as multi -year projects. The Board shall consider a waiver of the limitation on pre -agreement expenses for Small -Scale Derelict Vessel grants and land acquisition projects when the applicant demonstrates a direct need and benefit and the project is in accordance with the applicable provisions of Chapter 6613-2, F.A.C. (4) Multi -Year Funding: The construction phase of projects that are large scale, involve multiple phases, have a construction time line of one year or longer, or are requesting a significant amount of assistance funding in relation to the total assistance available for the county where the project is located, will be reviewed and approved by the District Board for a multiple year period subject to budgeting and allocation pursuant to the provisions of Chapter 200, F.S. The determination by the Board to provide assistance funding on a multi -year basis can be made at any time during the application review process. All approved multi -year projects are limited to a maximum of two (2) additional funding requests. (5) Inlet Management and Beach Renourishment: Projects and project elements in the categories of inlet management and beach renourishment shall be subject to the following provisions. The District shall contribute no more than fifty percent of the local share of the cost of the project. The District shall not contribute funding to both the state and local shares of an inlet management or beach renourishment project. Funding for the construction phase of an inlet management or beach renourishment project may be approved by the District Board for a multiple year period subject to budgeting and allocation pursuant to the provisions of Chapter 200, F.S. Additionally the following provisions shall be met for inlet management or beach renourishment projects: (a) Inlet Management: Inlet management projects shall benefit public navigation within the District and shall be consistent with Department of Environmental Protection approved inlet management plans and the statewide beach management plan pursuant to Section 161,161, F.S. Inlet management projects that are determined to be consistent with Department of Environmental Protection approved inlet management plans are declared to be a benefit to public navigation. (b) Beach Renourishment: All projects in this category shall be consistent with the statewide beach management plan. Beach renourishment projects shall only include those beaches that have been adversely impacted by navigation inlets, navigation structures, navigation dredging, or a navigation project. The determination of beach areas that are adversely impacted by navigation for the purposes of this program shall be made by Department of Environmental Protection approved inlet management plans. If state funding is not provided for a beach project, public access with adequate parking must be available in accordance with Chapter 161, F.S. (6) Public Navigation: Projects or project elements in the category of public navigation that will qualify for up to seventy-five percent (75%) program funds must be within the Intracoastal Right -of -Way (ROW), or provide public navigation channel access to two or more publicly accessible launching, mooring or docking facilities. In addition, the following shall apply: (a) Navigation channel dredging: The project sponsor must demonstrate that the source of channel sedimentation has been identified and is in the process of or has been controlled, or that the frequency and amount of shoaling is such that dredging will provide an improvement to the channel that will last for twenty (20) years or more and therefore is more cost effective than identifying and correcting the cause of shoaling, or that the cost of identifying the source of channel sedimentation exceeds the cost of the dredging project. (b) Navigation channel lighting and markers must be located on primary or secondary public navigation channels. Navigation projects or project elements that have one facility open to the public will qualify for up to fifty percent (50%) program funding. Dredging that is associated or ancillary to another use (such as a boat ramp, marina or pier) will be prioritized according to the associated use. (7) Land Acquisition: Land acquisition projects that provide for commercial/industrial waterway access shall qualify for a maximum of fifty (50) percent funding. All other land acquisition projects shall qualify for a maximum of twenty-five (25) percent program funding. All pre -agreement expenses for land acquisition must be completed within one-year of the date of application for funding. All funded land acquisition projects must construct the required boating access facility within 7 years of completion of the land acquisition, or the District may require the applicant to refund the program funding. Immediately upon acquiring title to the land, the applicant shall record a declaration of covenants in favor of the District stating that if the required boating access facility is not constructed within 7 years and dedicated for the public use as a boating access facility for a minimum period of 25 years after completion of construction, the District shall require the applicant to refund the program funding. Packet Pg. 353 8.P.4.a (8) Seaport Funding Eligibility: Financial assistance to seaports may exceed the proportional share of the District's ad valorem tax collections as set forth in subsection 66B-2.005(l), F.A.C., from the county in which such seaport is located if the seaport can demonstrate that a regional benefit occurs from the port's activities. Financial assistance to a seaport project that demonstrates a regional benefit shall not exceed an amount equal to (i) the proportional share of the District's ad valorem tax collections as set forth in subsection 6613-2.005(1), F.A.C., from the counties where the benefit is demonstrated less (ii) funding allocated in the same fiscal year to all other local government projects funded in those counties. Rulemaking Authority 374.976(1) FS. Law Implemented 374.976(1), (3) FS. History —New 12-17-90, Amended 6-24-93, 9-5-96, 2-6-97, Formerly 16T-2,005, Amended 5-17-98, 8-26-99, 3-21-01, 7-30-02, 3-3-04, 4-21-05, 4-24-06. 4-15-07, 3-25-08, 4-1-09, 3-7-11, 3-7-12, 4-10-13, 1-27-14, 5- 15-16. 66B-2.006 Application Process. (1) Application Period: With the exception of eligible Disaster Relief Projects, eligible Small -Scale Spoil Island Restoration and Enhancement Projects eligible Small -Scale Derelict Vessel Applications and Waterway Cleanup Events, all applications for assistance through this program will be submitted during the authorized submission period that shall be established by vote of the Board at a scheduled meeting. (2) Application Forms: Florida Inland Navigation District Waterways Assistance Program Project Application FIND Form Number 90-22 (effective date 4-24-06) and the Waterway Assistance Program Application and Evaluation Worksheet No. 91-25 and 91-25 (A) through (F) (effective date 1/2014) are hereby incorporated by reference and available from the District office. With the exception of projects eligible under the Small -Scale Spoil Island Restoration and Enhancement program, the Small -Scale Derelict Vessel program, and eligible Waterway Cleanup Events, all applications for financial assistance and support through this program from member counties and local governments shall be made on Form Number FIND 90-22 and the Waterway Assistance Program Project Application and Evaluation Worksheet No. 91-25 and 91-25 (A) through (F) and shall include a detailed cost estimate submitted on FIND Form No. 90-25, Florida Inland Navigation District Assistance Program Project Cost Estimate, (effective date 4- 24-06), hereby incorporated by reference and available from the District office. In addition, all applicants shall submit a complete and detailed Project Timeline (FIND FORM No. 96-10) (effective date 4-15-07). (3) Sponsor Resolution: The project sponsor shall approve the submission of an application by official resolution from its governing board or commission. Said resolution shall be made on FIND Form No. 90-21, Resolution for Assistance Under the Florida Inland Navigation District Waterways Assistance Program (effective date 10-14-92), hereby incorporated by reference and available from the District office. (4) Attorney's Certification: If the application is for a project that is a land based development project the applicant shall submit an Attorney's Certification of Title, FIND Form Number 94-26 (effective date 5-25-00), hereby incorporated by reference and available from the District office. (5) Maps and Geographic Information: All applicants shall be required to submit, at minimum, the following geographic information: A County location map, a project location map, a project boundary map, and a clear and detailed site development map for land development projects. (6) Application Review: Applicants shall obtain the local FIND Commissioner's initials on Form No. 90-26 prior to submitting the application to the District office. It is the applicant's responsibility to make timely arrangements for the local FIND Commissioner's review. In the absence of extenuating circumstances outside of the applicant's control as determined by the Board of Commissioners, an application shall not be considered complete if it does not include the local FIND commissioner's initials on Form No. 90-26. Upon receipt in the District office, staff will review the applications for completeness of the informational requirements identified in the Application Checklist, FIND Form Number 90-26 (effective date 7-30-02), and for compliance with the eligibility requirements of this rule. When an application is determined by staff to be incomplete or ineligible, staff will immediately inform the applicant by mail. The applicant will then have until the date established by the Board in the application package to bring the application into compliance. If the applicant fails to provide a complete application in compliance with these rules, the application will not be considered for funding. In order to have a complete application, the applicant shall not only submit the forms required under Rule 66B-2.006, F.A.C., and any other information requirements identified in the Application Checklist (FIND Form Number 90-26), but such forms and other submitted information must be completely filled out, executed as applicable, and also establish compliance with Chapter 66B-2, F.A.C. (7) Interlocal Agreements: Applications that the Board determines will directly benefit the maintenance of the Atlantic Intracoastal Packet Pg. 354 8.P.4.a Waterway channel as documented by the District's long range dredged material management plans, will directly benefit the maintenance of the Okeechobee Waterway channel as documented by the District's long range dredged material management plan, will directly benefit the maintenance or improvement of District property, right-of-way or navigation interests, or have multiple funding partners including the Corps of Engineers as the project manager can qualify for project assistance through an interlocal agreement pursuant to Chapter 163, F.S., or Section 374.984(6)(a), F.S. District staff will identify these applications and present them to the Board for their determination as to funding. Interlocal agreement projects shall comply with all other provisions of this rule, except for pre -agreement expenses, permitting and property control requirements. (8) Application Presentations: Applications determined to be complete and in compliance with this rule will be forwarded to the Board for review and then scheduled for presentation to the Board at a scheduled meeting of the Board. Applicants can decline to make a presentation to the Board by submitting a written request. (9) Application Evaluation and Rating Score: Following the presentations, the Board will review the applications and evaluate them using the Waterways Assistance Program Application and Evaluation Worksheets No. 91-25 (A) through (F) for Waterways Assistance Program applications. The total points awarded to each application by the Commissioners will be averaged to determine an application's final rating score. The final rating score for each application must equal or exceed 35 points for the application to be considered for funding assistance. Reconsideration of any application with a final rating score of less than 35 points will only occur if the majority of the Commissioners evaluating the project rated the project equal to or exceeding 35 points and two-thirds of the Commissioners vote for reconsideration of the application. Only Applicants that are eligible under Rule 6613-2.0061, F.A.C., "Disaster Relief Applications", shall complete FIND Form No. 91-25F Emergency Re -Construction (effective date 4-24-06, 1/2014), (10) Funding Determination: The Board will hold a funding allocation meeting at which time the Board will determine the allocation of funds, if any, to each project and the projects will be ranked by overall average score to facilitate final funding decisions by the Board. Allocations will be based in part upon the cumulative score of the applications as calculated from the Project Evaluation and Rating Form. Allocations will also be based upon the specific needs of the individual counties. Rulemaldng Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History New 12-17-90, Amended 9-2-92, 6-24-93, 4-12-95. Formerly 16T- 2.006, Amended 5-25-00, 3-21-01, 7-30-02, 3-20-03, 4-21-05, 4-24-06, 4-15-07, 3-25-08, 3-7-11, 1-27-14. 66B-2.0061 Disaster Relief Applications. Disaster Relief applications may be submitted to the District and considered by the Board at any time during the year to provide assistance to an eligible applicant for the removal of navigation obstructions and repair or replacement of waterway facilities damaged by a declared natural disaster_ The District shall consider these applications in accordance with these rules. Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History —New 6-24-93, Amended 2-6-97, Formerly 16T-1.0061, Amended 4- 24-06, 6613-2.008 Project Eligibility. (1) Eligible Projects: Financial assistance and support through this program shall be used to plan or carry out public navigation and anchorage management, public recreation, environmental education, boating safety, acquisition and development of spoil sites and publicly owned commercial/industrial waterway access directly related to the waterways, acquisition and development of public boat ramps, launching facilities and boat docking and mooring facilities, inlet management, maritime management planning, environmental mitigation and beach renourishment. (a) Program funds may be used for projects such as acquisition, planning, development, construction, reconstruction, extension, or improvement, of the following types of projects for public use on land and water. These project types will be arranged into a priority list each year by vote of the Board. The priority list will he distributed to applicants with the project application. 1. Public navigation channel dredging; 2. Public navigation aids and markers; 3. Inlet management projects that are a benefit to public navigation in the District; 4. Public shoreline stabilization directly benefiting the District's waterway channels; 5. Acquisition and development of publicly owned spoil disposal site and public commercial/industrial waterway access; 6. Waterway signs and buoys for safety, regulation or information; 7. Acquisition, dredging, shoreline stabilization and development of public boat ramps and launching facilities; 8. Acquisition, dredging, shoreline stabilization and development of public boat docking and mooring facilities; Packet Pg. 355 8.P.4.a 9. Derelict Vessel Removal; 10. Waterways related environmental education programs and facilities; 11. Public fishing and viewing piers; 12. Public waterfront parks and boardwalks and associated improvements; 13. Maritime Management Planning; 14. Waterways boating safety programs and equipment; 15. Beach renourishment on beaches adversely impacted by navigation inlets, navigation structures, navigation dredging, or a navigation project; and, 16. Environmental restoration, enhancement or mitigation projects; and, 17. Other waterway related projects. Waterway projects that do not meet specific criteria in subsection 66B-2.005(5) or (6) or subparagraphs 6613-2.008(1)(a)L-16., F.A.C., but are located on eligible waterways shall be considered for funding under the priority listing of "other waterway related project" and eligible for 25% funding. (b) Ineligible Projects or Project Elements. Project costs ineligible for program funding or matching funds will include: contingencies, miscellaneous, reoccurring personnel related costs, irrigation equipment, ball -courts, park and playground equipment, and any extraneous recreational amenities not directly related to the waterway such as the following: 1. Landscaping that does not provide shoreline stabilization or aquatic habitat; 2. Restrooms for non -waterway users; 3. Roadways providing access to non -waterway users; 4. Parking areas for non -waterway users; 5. Utilities for non -waterway related facilities; 6. Lighting for non -waterway related facilities; 7. Project maintenance and maintenance equipment; 8. Picnic shelters and furniture for non -waterway related facilities; 9. Vehicles to transport vessels; and, 10. Operational items such as fuel, oil, etc. 11. Office space that is not incidental and necessary to the operation of the main eligible public building; and, 12. Conceptual project planning, including: public surveys, opinion polls, public meetings, organizational conferences; and, 13. Inlet maintenance. (c) Project Elements with Eligibility Limits: Subject to approval by the Board of an itemized expense list: 1. The following project costs will be eligible for program funding or as matching funding if they are performed by an independent contractor: a. Project management, administration and inspection; b. Design, permitting, planning, engineering or surveying costs for completed construction project; c. Restoration of sites disturbed during the construction of an approved project; d. Equipment costs. Before reimbursement is made by the District on any of the costs listed in subparagraph 1. above, a construction contract for the project, approved and executed by the project sponsor and project contractor must be submitted to the District. 2. Marine fire -fighting, Marine law enforcement and other vessels are eligible for a maximum of $60,000 in initial District funding. All future replacement and maintenance costs of the vessel and related equipment will be the responsibility of the applicant. 3. Waterway related environmental education facility funding will be limited to those project elements directly related to the District's waterways. (d) Phasing of Projects: Applications for eligible waterway projects may be submitted as a phased project where Phase I will include the design, engineering and permitting elements and Phase II will include the construction of the project. A description and cost estimate of the Phase 11 work shall be submitted along with the Phase I application for Board review. (2) Property Control: The site of new proposed land -based development project, with the exception of those projects requesting Small -Scale Spoil Island Restoration and Enhancement funding, shall be dedicated for the public use for which the project was intended for a minimum period of 25 years after project completion. Such dedication shall be in the form of a deed, lease, management agreement or other legally binding document and shall be recorded in the public property records of the county in which the property is located. This property control requirement also applies to a project site owned by another governmental entity. The governmental Packet Pg. 356 8.P.4.a entity that owns the project site may be joined as a co -applicant to meet this property control requirement. Existing land based development projects that are being repaired, replaced or modified must demonstrate that the project site has been dedicated for public use for at least 25 years with at least 10 years remaining on the dedication document. Property shall also be deemed dedicated for public use if: (a) The property has been designated for the use for which the project is intended (even though there may have been no formal dedication) in a plat or map recorded prior to 1940, or (b) The project sponsor demonstrates that it has had exclusive control over the property for the public use for which the project is intended for a period of at least 30 years prior to submission of the application, or (c) There is no ongoing litigation challenging the designated use of the property as shown on the plat or map, nor has there been any judicial determination contrary to the use by the public for the use shown on the plat or map. (3) Permits: The project sponsor is responsible for obtaining and abiding by any and all federal, state and local permits, laws, proprietary authorizations and regulations in the development and operation of the project. Applicants for construction projects that include elements that require state or federal environmental permits or proprietary authorizations will demonstrate that all required environmental permitting and authorizations will be completed by the District's final TRIM hearing. This demonstration will be by submission of the required environmental permit(s) and authorizations, or by submission of a letter from the agency(s) stating that a permit or authorization is not required. Should the environmental permitting element of an application that has construction elements requiring state or federal environmental permits or authorizations not be completed by the District's final TRIM hearing, the construction portion of the project will not be considered for funding. Whereby funding decisions are completed at the final TRIM hearing, the District will not deviate from the funding schedule to accommodate any application deficiency. (4) Public Marina Qualifications: All public marina projects funded through this program shall include sewage pumpout facilities for vessels, unless the applicant can demonstrate that inclusion of such a facility is physically, operationally or economically impracticable. All public marina projects funded through this program shall have at least ten percent (10%) of their slips or mooring areas available for transient vessels. Public marina dockage rates shall be within market comparison of the dockage rates of other area marinas. The public marina will be required to establish and maintain an accounting of the funds for the facility and shall plan for and retain at all times sufficient funds for the on -going maintenance of the facility during its project life. (5) The District may assist eligible local governments with efforts to prepare and implement a comprehensive maritime management plan. The plan shall be utilized by the eligible government to promote and maximize the public benefit and enjoyment of eligible waterways, while identifying and prioritizing the waterway access needs of the community. The plan should not duplicate any existing or ongoing efforts for the same waterway or water shed, nor shall the District participate in any effort that does not address the basic maritime needs of the community. (a) Existing plans may be updated at reasonable intervals or amended to include waterway areas previously not included in the original effort. Public, government, environmental, industry and other pertinent interest groups shall be solicited and included for input in the planning process. (b) The plan shall be utilized as a tool to provide a minimum 5-year planning analysis and forecast for the maritime needs of the community, and shall include, at minimum, the following: 1. Public boat ramp and ramp parking inventory and analysis. 2. Public mooring and docking facility analysis, including day docks and transient slips. 3. Commercial and working waterfront identification and needs analysis. 4. The identification, location, condition and analysis of existing and potential navigation channels. 5. An inventory and assessment of accessible public shorelines. 6. Public Waterway transportation needs. 7. Environmental conditions that affect boat facility siting, a current resource inventory survey, and restoration opportunities. 8. Economic conditions affecting the boating community and boating facilities. 9. Acknowledgment and coordination with existing data and information, including an emphasis on the Intracoastal Waterway. (c) Projects requested for assistance program funding shall be consistent with the applicant's maritime management plan. The applicant should utilize the plan to assist in prioritizing waterway improvement projects. (6) All eligible environmental restoration, enhancement or mitigation projects as well as the environmental restoration, enhancement or mitigation components of other types of projects shall be required to pursue and assign any available mitigation Packet Pg. 357 8.P.4.a credits to the District for that share of the project funded through the District's Assistance Program. All eligible environmental restoration, enhancement or mitigation projects shall provide public access where possible. (7) Final Decisions: The Board will make all final decisions on the eligibility of a Project or specific project costs. Rulemaking Authority 374.976(2) FS Law Implemented 374.976(1)-(3) FS. History —New 12-17-90, Amended 9-2-92, 6-24-93, 2-3-94, 4-12-95, 9- 5-96, 2-6-97, Formerly 16T-2.008, Amended 5-17-98, 3-31-99, 5-25-00, 3-21-01, 7-30-02, 3-20-03, 3-3-04, 4-15-07, 3-25-08, 4-1-09, 2-22-10, 3-7- 11, 3-7-12, 1-27-14, 2-17-15, 2-21-16, 66B-2.009 Project Administration. The District will appoint a project manager who shall be responsible for monitoring the project and the project agreement. The project manager shall also be responsible for approving all reimbursement requests. The project sponsor shall appoint a liaison agent, who will be a member of the eligible applicant's staff, to act on its behalf in carrying out the terms of the project agreement. Administration of the project will be as follows: (1) Project Agreement: For each funded project, the District and the project sponsor will enter into a project agreement. The project agreement shall be executed and returned by the project sponsor within six (6) months of the approval of the project funding and prior to the release of program funds, setting forth the mutual obligations of the parties concerning the project. The project agreement shall incorporate the applicable policies and procedures of the program as outlined in this rule. Project agreements will be for a two-year period with the possibility for one, one-year extension. Any request for a one-year extension of funding shall require submittal by the PROJECT SPONSOR of a request for extension to the DISTRICT no later than July of fiscal year two of the approved project. This request will then be considered by the DISTRICT Board, whose decision shall be final. In review of these requests, the Board will take into consideration the current status and progress of the project and the ability ofthe applicant to complete the project within one additional year. (2) Matching Funds: The project sponsor shall clearly identify and enumerate the amount and source of the matching funds it will be using to match the program funds supplied by the District for an approved project. The project sponsor shall provide suitable evidence that it has the matching funds available at the time the project agreement is executed. (3) Agreement Modification: All proposed changes to the project agreement must he submitted to the District in writing by the project sponsor accompanied by a statement of justification for the proposed changes. All project agreement amendments shall be approved by the District Board, except that the Executive Director may approve a minor project agreement amendment for a project within a county with the local District commissioner's concurrence. A minor project amendment shall not change the approved project's category, result in a reallocation of more than 35% of the approved funding of the project among project elements, nor allow for a greater than 35% change in the project scale or scope of work. Project agreement amendments will not include a change to the approved project's location or a change in the approved project's purpose or project type. Agreed changes shall be evidenced by a formal amendment to the project agreement and shall be in compliance with these rules. (4) Project Reporting: The liaison agent will submit quarterly reports to the project manager summarizing the work accomplished since the last report, problems encountered, percentage of project completion and other appropriate information, These reports shall continue throughout the length of the project period until completion of the project. The report shall be submitted on Norm 95-02, "Assistance Program Project Quarterly Status Report", dated 7-30-02, hereby incorporated by reference and available at the District office. A Final Project Report shall be submitted at the completion of the project and shall at minimum include: project summary, photo of completed project, final cost, project benefits to the waterway and location address. (5) Reimbursement Requests: The liaison agent may submit periodic reimbursement requests during the project period in accordance with Rule 66B-2.011, F.A.C. The project manager will approve or disapprove all reimbursement requests. The final payment of program funds will be made upon certified completion of the project by the District. (6) Project Inspection: Upon reasonable request, the project manager shall have the right to inspect the project and any and all records relating to the project. (7) Project Completion: The project shall be completed within three (3) years of the date of the beginning of the District's first fiscal year for which the project was approved. If the completion of a project is impacted by a declared state of emergency and the Board waives this rule section, the extension of time granted shall not exceed one additional three (3) year period. (8) Project Completion Requirements: Upon completion of the project, the liaison agent shall provide the following to the project manager: (a) A Project Completion Certificate, FIND Form No. 90-13 (effective date 7-30-02), hereby incorporated by reference and Packet Pg. 358 8.P.4.a available from the District office, which certifies that the project was completed in accordance with the project agreement and the final project plans. (b) A final reimbursement request accompanied by all required billing statements and vouchers. (c) Photograph(s) showing the installation of the sign required by Rule 66B-2.013, F.A.C. (d) Photograph(s) of the completed project clearly showing the program improvements. (9) Project Completion Review: The project manager will review the project completion package and will authorize or reject the final reimbursement payment which will include all retained funds from previous requests. Rulemaking Authority 374.976(2) FS Law Implemented 374.976(1) FS. History -New 12-17-90, Formerly 16T-2.009, Amended 3-21-01, 7-30-02, 3- 7-11, 1-27-14. 66B-2.011 Reimbursement. The District shall release program funds in accordance with the terms and conditions set forth in the project agreement. This release of program funds shall be on a reimbursement only basis. The District shall reimburse the project sponsor for project costs expended on the project in accordance with the project agreement. Project funds to be reimbursed will require the submission of a Reimbursement Request Form and required supporting documents, FIND Form No. 90-14 (effective date 7-30-02) hereby incorporated by reference and available from the District office. (1) Authorized Expenditures: Project funds shall not be spent except as consistent with the project agreement cost estimate that was approved by the Board, which shall be an attachment to the project agreement. This cost estimate will establish the maximum funding assistance provided by the District and the percentage of funding provided by each party to the project. The District will pay the lesser of: (a) The percentage total of project funding that the Board has agreed to fund, or (b) The maximum application funding assistance amount. (2) Phase I Reimbursement: In accordance with these rules, reimbursement cannot be made on a Phase I application until a construction contract is executed by the applicant for the construction phase of the project. If the Phase I project is completed but a construction contract is not executed by the three (3) year project deadline, then the District shall only allow one (1) year from the Phase I project deadline to enter into the required construction contract before the Phase I funding is cancelled. (3) Reimbursement Requests: All project costs shall be reported to the District and summarized on the Reimbursement Request Form. All requests for reimbursement shall include supporting documentation such as billing statements for work performed and cancelled payment vouchers for expenditures made. (4) Retainage: The District shall retain ten percent (10%) of all reimbursement payments until final certification of completion of the project. The District shall withhold any reimbursement payment, either in whole or part, for non-compliance with the terms of this agreement. (5) Check Presentations: A District representative shall present the final reimbursement check to the project sponsor during a public commission meeting or public dedication ceremony for the project facility. (6) Recovery of Additional Project Funding: If the project sponsor receives additional funding for the project costs from another source that was not identified in the original application and that changes the agreement cost -share percentage, the project sponsor shall proportionately reimburse the District's program funds equal to the cost -share percentage in the approved project agreement. The project sponsor shall promptly notify the District of any project payments it receives from a source other than the District. Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -New 12-17-90, Amended 6-24-93, Formerly 16T-2.011, Amended 3-31-99, 7-30-02, 3-7-11. 6613-2.012 Accountability. The following procedures shall govern the accountability of program funds: (1) Accounting: Each project sponsor is responsible for maintaining an accounting system which meets generally accepted accounting principles and for maintaining such financial records as necessary to properly account for all program funds. (2) Quarterly Reports: The project sponsor shall submit quarterly project status reports to FIND in accordance with subsection 66B-2.009(4), F.A.C. (3) Completion Certification: All required final completion certification documents and materials as outlined in subsection 6613- 2.009(8), F.A.C., of this rule shall be submitted to the District prior to final reimbursement of program funds. Packet Pg. 359 8.P.4.a 6611-2.015 Small -Scale Derelict Vessel Removal Projects. Proposals shall be accepted for financial assistance for the removal of derelict vessels within the District's waterways. The applicable provisions of this rule apply to these applications with the following additions or exceptions: (1) Application Procedure — Applications shall be submitted on a completed FIND Form No. 05-01 (Small -Scale Derelict Vessel Removal Program) (effective date 4-24-06), and FIND Form No. 01-06 (Small -Scale Derelict Vessel Removal Program — Project Cost Estimate), (effective date 4-24-06), hereby incorporated by reference and available from the District office. Applications may be submitted to the District and considered by the Board at any time during the year. (2) The District shall only fund applicants that have identified derelict vessels to be removed and have a current bid for removal for such vessels, or have completed the removal of such vessels within the 6 months preceding the application, subject to eligibility under these program rules. (3) The program must be sponsored by an eligible government agency or not -for -profit organization. (4) District funding shall be limited to $30,000.00 per county, per year, provided on a reimbursement basis only. The limitation on pre -agreement expenses may be waived by the Board in accordance with subsection 66B-2.005(3), F.A.C. (5) The eligible applicant must provide the remaining matching funds for project completion. In no case shall the District's cost - share contribution exceed 75% of the total project costs. In-house project management or administration costs are not eligible costs or matching costs. (6) The derelict vessel must be located in the District's Waterways, as defined in Rule 66B-2,003, F.A.C. The applicant shall include a map clearly delineating the location of all vessels included in the application (7) The District shall be recognized when possible in all written, audio or video advertising and promotions as a participating sponsor of the program. (8) The funding provided by the District shall only be allocated for removal of derelict vessels. The District is providing program reimbursement funds only and shall be held harmless with regards to the activities initiated by the applicant. (9) The applicant shall be responsible for all maintenance, management, disposal and operating expenses associated with the program. (10) Funds derived from the sale of any derelict vessels or vessel parts removed through this grant program must be reinvested into the applicant's derelict vessel removal program. (11) The District Board shall make all final decisions concerning the provision of funding for this program. Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History} -New 4-24-06, Amended 4-15-07, 3-25-08, 3-7-11, 1-27-14. 66B-2.016 Waterways Cleanup Events. Proposals shall be accepted for financial assistance for the organized removal of refuse within the District's waterways. The applicable provisions of this rule apply to these applications with the following additions or exceptions: (1) Application Procedure: Prior to the event, a request for funding shall be submitted to the District by means of a cover letter detailing the occurrence of the cleanup, contact information, a map of the cleanup locations and the general parameters of the event. In addition, the Applicant will submit a detailed budget clearly delineating the expenditure of all District funds, as well as the overall general budget of the event. Proposals may be submitted to the District and considered by the Board at any time during the year. (2) Availability: The District shall fund a maximum of one clean-up program per waterway, per year within a county, with exception to the provisions of subsections (8) through (10), below. (3) Applicant Eligibility: The clean-up program must be sponsored by a government agency or a registered not -for -profit corporation. (4) Funding: District funding shall be limited to $5,000 per waterway, per county, except for the provisions of subsections (8) through (10), below. (5) The District shall be recognized in all written, on-line, audio or video advertising and promotions as a participating sponsor of the clean-up program. (6) Funding Eligibility: The funding provided by the District shall only be allocated to reimburse the applicant for out of pocket expenditures related to specific cleanup program expenses such as trash bags, trash collection, haul and landfill fees, gloves, advertising, T-shirts, and related expenses. The funding provided by the District shall not be allocated for parties, meetings, food or beverages. (7) The District Board shall make all final decisions concerning the provision of funding for a clean-up program. Packet Pg. 360 8.P.4.a In addition to the requirements stated above, a cleanup program implementing all of the following additional incentives will qualify for up to additional $5,000 in clean up funds. (8) The clean-up program budget must provide equal or greater matching funds for all Navigation District funding. (9) The applicant shall tally and report the composition and location of the waterway -related debris, with the goal to show definitive progress in the amount of refuse collected, a reduction in the overall debris in the waterway, or an increase in the number of additional waterway areas included in the clean up. (10) For each additional $1,000 in Navigation District funding, the applicant shall coordinate a minimum of one waterway collection point or clean up area, or an applicant can conduct an additional waterway cleanup program for the waterway areas. Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(I) FS. History- New 3-7-11. Packet Pg. 361 8.P.4.a EXIHBIT C FLORIDA INLAND NAVIGATION DISTRICT Sponsor: Project Title: Source of Matching Funds: Amount of Matching Funds: ASSISTANCE PROGRAM Matching Funds Certification Project #: I hereby certify that the above referenced project Sponsor, as of October 01, 2017, has the required matching funds for the accomplishment of the referenced project in accordance with the Waterways Assistance Program Project Agreement between the Florida Inland Navigation District and the Sponsor, dated Project Liaison Name: Project Liaison Signature: Date: *S. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 F.S. FIND Form No. 95-01 New 919/95 (revised 7-30-02) Packet Pg. 362 8.P.4.a EXHIBIT D FLORIDA INLAND NAVIGATION DISTRICT ASSISTANCE PROGRAM PAYMENT REIMBURSEMENT REQUEST FORM PROJECT NAME: PROJECT SPONSOR: Amount of Assistance Less Previous Total Disbursements Less Previous Total Retainage Held Balance Available Funds Requested This Disbursement Funds Requested Less Retainage (-10% unless final) Check Amount Amount of Assistance Less Total Prior and Current Payments Including all retainage held (A+B+C+D) Balance Remaining Expense Description (Should correspond to Cost Estimate Sheet Categories in Exhibit "A") A. D. c. SCHEDULE OF EXPENDITURES Check No. Total Vendor Name and Date Cost PROJECT #: BILLING #: Applicant FIND Cost Cost FIND - Form No 90-14 (NOTE: Signature Required on Page 2) Effective Date 7-30-02) Packet Pg. 363 8.P.4.a FIND - Form No. 90-14 Page Two Expense Description (Should correspond to Cost Estimate Sheet Categories in Exhibit "A" EXHIBIT D (CONTINUED) SCHEDULE OF EXPENDITURES Check No. Total Vendor Name and Date Cost Applicant FIND Cost Cost Certification for Reimbursement: I certify that the above expenses were necessary and reasonable for the accomplishment of the approved project and that these expenses are in accordance with Exhibit "A" of the Project Agreement. * Project Liaison Date *S. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 F.S. FIND - Form No. 90-14 Effective Date 7-30-02) Packet Pg. 364 8.P.4.a EXHIBIT E FLORIDA INLAND NAVIGATION DISTRICT ASSISTANCE PROGRAM Sponsor: Project Title: Project Completion Certification http://www.aicw.org/assistance programs/waterway assistance programs/ payment reimbursement reguests and project closeout rocedures. h Project #: I hereby certify that the above referenced project was completed in accordance with the Assistance Program Project Agreement between the Florida Inland Navigation District and , dated 20 , and that all funds were expended in accordance with Exhibit "A" and Paragraph 1 of the Project Agreement. * Project Liaison Name: Project Liaison Signature: Date: *S. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 F.S. FIND Form No. 90-13 (Effective Date: 12-17-90, Revised 7-30-02) Packet Pg. 365 8.P.4.a EXHIBIT F ASSISTANCE PROGRAM PROJECT QUARTERLY STATUS REPORT littyl/www. ajCw.org/assj stancePrograms/waterway assistance programsiindex.gh PROJECT NO. PROJECT TITLE: PROJECT SPONSOR: REPORT PERIOD Oct 1-DEC 15 ; Dec 15-Mar 1 ; Mar 1-June 15 ; June 15-Sep I, Report Due: (Dec 30) (March 15) (June 30) (Sep 15) WORK ACCOMPLISHED: PROBLEMS ENCOUNTERED: PERCENTAGE COMPLETION: OTHER NOTABLE ITEMS: Form No. 95-02 (Effective Date: 7-30-02) Packet Pg. 366 8.P.4.a EXHIBIT G ASSISTANCE PROJECT SCHEDULE OCTOBER 2017 - Project Agreement Executed, Project Initiates. DECEMBER 30, 2017 - First Quarterly Report Due. Use Quarterly Status Report Form Exhibit F http://www.aicw.org/assistance—programs/ MARCH 15, 2018 - Second Quarterly Report Due. waterway_assistance_programs/index.php DUNE 309 2018- Third Quarterly Report Due. SEPTEMBER 15, 2018 - Fourth Quarterly Report Due. DECEMBER 30, 2018 - MARCH 15, 2019 - JUNE 30, 2019- Fifth Quarterly Report Due. Sixth Quarterly Report Due. Seventh Quarterly Report Due. NOTE. If the project will not be completed and all close out paperwork submitted by September 1St, a request far a ]-year extension of the completion date of the project should be submitted with the June 2019 quarterly report. SEPTEMBER 01-30, 2019 - Closeout paperwork due. Closeout paperwork consists of : 1. Project Completion Certificate, FIND Form No. 90-13 (effective date 7-30-02), which certifies that the project was completed in accordance with the project agreement and the final project plans. 2. A final reimbursement request accompanied by all required supporting documentation including bills and canceled payment vouchers for expenditures. 3. Photograph(s) showing the installation of the sign required by Rule 66B-2.013, F.A.C. 4. Photograph(s) of the completed project clearly showing the program improvements. Opg or of format) 5. A Final Project Report (1-2 pages) that shall at minimum include: project name and address, project summary, final cost, and project benefits to the waterway. SEPTEMBER 30, 2019 - End of Grant. All work must be complete closeout paperwork submitted. October 2019 - District finishes processing closeout paperwork, performs project inspection and submits final reimbursement check with check presentation to sponsor. NOTE: ANY MODIFICATIONS to the PROJECT shall require advance notice and prior written approval of the District. The appropriate timing for modifications to the project cost estimate, Exhibit A, would be after receipt of bids. *NON-COMPLIANCE by the PROJECT SPONSOR with the reporting schedule in Exhibit G may result in revocation of this agreement pursuant to Section 13 of the project agreement. Packet Pg. 367 8.P.4.a EXHIBIT H b—q://www.aicw.org/stLidies and information/bids files plans logos/ loos. plip Packet Pg. 368 8.P.4.b 4 4io J " — R2 Q Packet Pg. 369 8.P.4.c RESOLUTION NO. 18-xxx A RESOLUTION ACCEPTING THE FLORIDA INLAND NAVIGATION DISTRICT PROJECT AGREEMENT (#SL-17- 63) FOR FISHERMANS WHARF BULKHEAD AND BOAT RAMP CONSTRUCTION PHASE II AND AUTHORIZING THE CHAIRMAN TO EXECUTE THE AGREEMENT AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENT BY APPROVING IT AS TO FORM AND CORRECTNESS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Florida Inland Navigation District has awarded the County funding for Fishermans Wharf Bulkhead and Boat Ramp Construction Phase II. 2. The Board should authorize and approve execution of the Project Agreement (#SL-17-63) with the Florida Inland Navigation District for the above - referenced project. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board hereby accepts and approves the Project Agreement (#SL-17- 63) with the Florida Inland Navigation District to provide funding for Fishermans Wharf Bulkhead Construction. 2. The Board hereby authorizes and Chairman to execute the above - referenced agreement and further authorizes the County Attorney to execute the agreement by approving it as to form and correctness. Page 1 of 2 Packet Pg. 370 8.P.4.c After motion and second, the vote on Resolution 18-xxx was as follows: Chairman Frannie Hutchinson Vice -Chair Linda Bartz Commissioner Chris Dzadovsky Commissioner Cathy Townsend PASSED AND DULY ADOPTED this 20t" day of February, 2018. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Page 2of2 Packet Pg. 371 8.R.1 ITEM NO. (ID # 4983) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Ron Roberts, Director of Public Utilities Solid Waste DATE: 02/20/2018 *CONSENT AGENDA\SOLID WASTE Award of Bid No.18-021 Transportation of Landfill Leachate On January 10, 2018, submittals for Bid #18-021 Transportation of Landfill Leachate, were opened. Four (4) submittals were received, 425 companies were notified and nine (9) documents were distributed. The two lowest responsive bidders shall provide for the transportation of landfill leachate on an as - needed basis as specified in the bid document and addendum. The initial term of the contracts 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 one-year period for a maximum contract term of four (4) years. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Sufficient funds are available in 401-3410-534000-300 (Operating/ Other Contractual Services). RECOMMENDATION: Staff recommends Board approval to award Bid #18-021 Transportation of Landfill Leachate to the two lowest responsive bidders, Delta Pioneer, Inc. and Walsh Environmental Services, and authorization for the Chair to sign the contracts as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 372 8.R.1 Coordination/Signatures Ron Roberts ^ir-�ctoL_gQDA c Utilities 1/19/2018 anie SWMcinty're,,t,orney 1/24/2018 Updated: 1/22/2018 2:52 PM by Jennifer Hill Page 2 Packet Pg. 373 8.R.1.a BOARD OF COUNTY COMMISSIONERS TABULATION SHEET — BID #18-021 TRANSPORTATION OF LANDFILL LEACHATE OPENED: January 10, 2018 AT 2:30 PM Four (4) submittals were received for subject proposal: PURCHASING DEPARTMENT TRANSPORTATION COST /1,000 GALLONS Delta Pioneer, Inc. 3629 Mineola Dr., Sarasota, FL 34239 $ 45.00 Tel: 941-359-2721 Fax: 941-866-3531 Walsh Environmental Services 440 215t Ct., Vero Beach, FL. 32962 $ 60.00 Tel: 772-778-1713 Fax: 772-778-0857 Manny's Bulk Express, Inc. 3808 S. 66th Street, Tampa, FL 33619 $ 65.00 Tel: 813-374-0246 Fax: 813-374-0247 Merrell Bros., Inc. 14220 Hays Road, Spring Hill, FL 34610 $ 184.32 Tel: 574-699-7782 Fax: 574-699-7478 Number of companies notified*: 425 Number of bid documents distributed*: 9 Number of bids received: 4 *per demandstar.com Packet Pg. 374 8.R.2 ITEM NO. (ID # 4987) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: DATE AGENDA REQUEST Board of County Commissioners Ron Roberts, Director of Public Utilities Solid Waste Award Bid 18-024 Recycling of Various Materials 02/20/2018 *CONSENT AGENDA\SOLID WASTE On January 10, 2018, submittals for Bid #18-024, Recycling of Various Materials, were opened. Five submittals were received, 348 companies were notified and 15 documents were distributed. The responsive bidders shall purchase and remove baled corrugated cardboard (OCC), mixed paper, used beverage containers (UBC), PET, Natural HDPE, Pigmented HDPE, Bi-metal containers, mixed plastics 1-7, and miscellaneous metals from the St. Lucie County Solid Waste Baling and Recycling Facility. The material is in bales secured by 10 gauge baling wire with an average weight of one (1) short ton per bale. The purchase price will be referenced by the Pulp and Paper (PPI) Index/ Official Board Market (OBM), Southeast OCC. The percentage shall be fixed and firm for the term of the contract related to the appropriate market indexes and include shipping and handling charges; the County will request price quotes on a monthly basis for the other commodities. The County reserves the right to sell commodities to multiple vendors at its own discretion. The initial term of the contracts 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) year period for a maximum contract term of five (5) years. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board approval to award Bid #18-024, Recycling of Various Materials, as follows; 1, OCC/ Mixed Paper to Storelli Construction and CellMark referenced by the appropriate markets; and 2, all Packet Pg. 375 five bidders awarded all other commodities based on a monthly bid process and authorization for the Chair to sign the contracts as approved by the County Attorney. COMMISSION ACTION: Coordination/Signatures Ron Robert for is Utilities 1/22/2018 9;."► ian),ie/iS.—Mcj-IWnty,'re,nt,orney 1/24/2018 Updated: 2/12/2018 5:11 PM by Katrina Slay Page 2 Packet Pg. 376 8.R.2.a BOARD OF COUNTY COUNTY COMMISSIONERS TABULATION SHEET— BID #18-024 Corrected Recycling of Various Materials from St. Lucie County Solid Waste Baling & Recycling OPENED: January 10, 2018 AT 3:30 PM Five (5) submittals were received for subject proposal: PURCHASING DEPARTMENT CellMark Norwalk, CT Sarg Recycling, Inc. Jupiter, FL Sonoco Recycling, LLC Orlando, FL Storelli Construction, Inc. Fort Lauderdale, FL T & M Trading, Inc. Jupiter, FL Amount Amount Amount Amount Amount Old Corrugated Cardboard OCC OPBM plus $10.00/ton * 85% of * + 18.50 * HYS +$10.00 /per Ton * 85% Mixed Paper No Bid 30% of * No Bid HYS -$4.00 /per Ton * 30% • Southeast high Number of companies notified*: 348 Number of bid documents distributed: 15 Number of bids received 5 *per demandstar.com Packet Pg. 377 ITEM NO. (ID # 4989) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Ron Roberts, Director of Public Utilities Solid Waste DATE: 02/20/2018 *CONSENT AGENDA\SOLID WASTE Second and Third Amendments to May 19, 2015 CDM Smith, Inc. Agreement C15-05-315 The Second Amendment will include additional services as described in Exhibit "A" (performance of the additional bidding services and common fill conformance testing), increase the contract amount by $43,760 for a maximum contract total not to exceed $750,240 and extend the project completion date to December 31, 2018. The Third Amendment will include additional services as described in Exhibit "A" (additional engineering services during construction), add $33,500 to the contract amount for a maximum contract total not to exceed $783,740. PREVIOUS ACTION: On May 19, 2015 St. Lucie County and CDM Smith, Inc. entered into a contract to provide for professional engineering services for the design, permitting, and engineering services for the proposed Class I Landfill IV -A Cell. On October 4, 2016 the First Amendment to the contract revised the scope of work, increased the contract amount by $14,340 and extended the project schedule to January 23, 2018. FINANCIAL IMPACT: Funds will be made available in Account 401-3410-563005-153608 (Infrastructure/ Consulting Engineers) RECOMMENDATION: Staff recommends the Board approve the Second and Third Amendments to the CDM Smith, Inc. Contract for a combined contract amount increase of $77,260.00, and an extension of the project completion date to December 31, 2018, and authorize the Chair to sign the documents as prepared by the County Attorney's office. COMMISSION ACTION: Packet Pg. 378 Coordination/Signatures t _ _ Katrina Sly, Ag n oordinator 2/8/2018 4anieA..McIntyre, C my ttorney 2/8/2018 Updated: 2/8/2018 11:08 AM by Anne Bowers Page 2 Packet Pg. 379 8.R.3.a CDM Smith 1701 Highway A-1-A, Suite 301 Vero Beach, Florida 32963 tel: 772-231-4301 fax: 772-231-4332 January 12, 2018 Mr. Ron Roberts Public Utilities Director St. Lucie County 6120 Glades Cut -Off Road Fort Pierce, Florida 34981 Subject: St. Lucie County Baling and Recycling Facility Phase IVA Design, Permitting, Bidding, and Engineering Services During Construction Contract No. C15-05-315 Amendment No. 2 Dear Mr. Roberts: CDM Smith is pleased to submit this amendment for additional professional engineering services to assist St. Lucie County (SLC) with the bidding and engineering services during construction for the proposed Phase IVA Class I landfill expansion in accordance with the above referenced Contract. CDM Smith appreciates this opportunity to continue to assist St. Lucie County with your solid waste management program. If you have any questions, please do not hesitate to contact us. Sincerely, Approved by: Kevin N. Vann, P.E., BCEE Eric J. Grotke, P.E., BCEE Principal Environmental Engineer Vice President CDM Smith Inc. CDM Smith Inc. KNV/EJG/jj Attachments File: PW XM1 6277-110249.01.02 CI WATER+ ENVIRONMENT +TRANSPORTATION+ ENERGY FPacket Pg. 380 8.R.3.a EXHIBIT A AMENDMENT NO. 2 TO CONTRACT NO. C15-05-315 ST. LUCIE COUNTY BALING AND RECYCLING FACILITY PHASE IVA DESIGN, PERMITTING, BIDDING, AND ENGINEERING SERVICES DURING CONSTRUCTION This Amendment No. 2, when executed, shall be incorporated in and become part of the Contract for Consulting/Professional Services between St. Lucie County (COUNTY) and CDM Smith Inc., (CONSULTANT), dated May 19, 2015 hereafter referred to as the Contract. RACKGROUND On May 19, 2015, CDM Smith was authorized to perform the design, permitting, bidding, and engineering services during construction of the proposed Phase IVA Landfill Expansion. The Phase 11113 Partial Closure is being performed concurrently with the Phase IVA Landfill Expansion under a separate Contract. Initial bids were received on December 21, 2016. In February 2017, the COUNTY rejected all bids due to unanticipated costs. The COUNTY contracted to procure the common fill material required for this project in order to obtain a lower unit cost than received in the bids. The project was rebid on July 9, 2017 without the common fill material included. Bids were received on August 9, 2017 and a contract was awarded to the responsible low bidder on September 19, 2017. This Amendment is for performance of the additional bidding services and common fill conformance testing as requested by the COUNTY. SCOPE OF SERVICES Tasks 5 and 7 are amended as follows: TASK 5.0 BIDDING ASSISTANCE In this task, CONSULTANT will assist COUNTY in obtaining a second set of bids for the construction of the project, assist COUNTY in evaluating the bids and in assembling and awarding the contract, and will arrange and preside over a pre -bid conference. Subtask 5.1 CONSULTANT will coordinate the advertisement of the bid, respond to communications from Contractors, attend a pre -bid conference, and issue addenda, as necessary. COUNTY will advertise for bids. Subtask 5.2 CONSULTANT will attend one bid opening, evaluate bids, and recommend a bidder for award of contract to COUNTY. The bidding phase of the project terminates when an assumed Notice of Award is issued to a Contractor. TASK 7.0 SPECIAL ENGINEERING SERVICES DURING CONSTRUCTION Activities performed under this task consist of supplementary and special engineering services required during the construction and implementation of the project. Smith A-1 ;;2154_E.hibl Packet Pg. 381 8.R.3.a Subtask 7.4 Perform conformance testing of the common fill material that the COUNTY procured for construction of the Phase IVA Expansion project. CONSULTANT will subcontract with a geotechnical testing laboratory to perform the sampling of the common fill material and test it for soil classification (ASTM D2487), organic content (ASTM D2974), plasticity index and liquid limit (ASTM D4318), and sieve analysis (ASTM D422). CONSULTANT will coordinate and observe the testing. ASSUMPTIONS ■ CONSULTANT reserves the right to seek additional compensation for work performed beyond the described in this Amendment No. 2. ■ It is assumed that up to 100,000 cubic yards of common fill will need to be tested as described in subtask 7.4 above. CONSULTANT reserves the right to seek additional compensation for testing beyond 100,000 cubic yards and/or retests. ■ This Amendment No. 2 does not include extended construction services. ITEMS TO BE PROVIDED BY COUNTY ■ Site access. PAYMENT AND COMPENSATION Payments for the work performed under this Amendment No. 2 to Contract No. C15-05-315 as described herein shall be made based on the billing rates and direct subconsultant costs (plus General and Administration) in accordance with the terms of the CONTRACT with a Not -to -Exceed fee of $43,760 for a new total Not -to -Exceed fee of $750,240. CONSULTANT will submit monthly invoices for the work performed. SCHEDULE It is anticipated that all work will be completed by December 31, 2018. CONSULTANT will notify the COUNTY in the event that the work is delayed for any reason. Smith A-2 ii2154-Exhbll Packet Pg. 382 8.R.3.a EXHIBIT B-1 ESTIMATED LABOR HOUR REQUIREMENTS ST. LUCIE COUNTY BALING AND RECYCLING FACILITY PHASE IVA DESIGN, PERMITTING, BIDDING, AND ENGINEERING SERVICES DURING CONSTRUCTION AMENDMENT NO. 2 Officer Associate Principal Senior Professional Pro III Pro II Sr. Technical Expert Technical Expert Project Admin Hours By Task Task 5.0 - Bidding Assistance 8 2 8 6 6 30 2 4 40 106 Task 7.0 - Special Engineering Services During Construction 0 10 0 20 40 0 0 0 10 80 Total 8 12 8 26 46 30 2 4 50 186 com ith B-1 112154_EWbits_A Packet Pg. 383 8.R.3.a EXHIBIT B-2 BUDGET ST. LUCIE COUNTY BALING AND RECYCLING FACILITY PHASE IVA DESIGN, PERMITTING, BIDDING, AND ENGINEERING SERVICES DURING CONSTRUCTION AMENDMENT NO. 2 PROJECT DESCRIPTION: As Outlined in the Scope of Services, Attachment A REFERENCE: Contract C15-05-315 between St. Lucie County Board of County Commissioners and CDM Smith Inc. Labor Category Hours Rate Total Senior Technical Expert 2 $250 $500 Technical Expert 4 $230 $920 Officer 8 $230 $1,840 Associate 12 $220 $2,640 Principal 8 $215 $1,720 Senior Professional 26 $165 $4,290 Professionallll 46 $150 $6,900 Professionalll 30 $140 $4,200 Admin Support 50 $95 $4,750 TOTAL HOURS 186 TOTAL LABOR COST (INCLUDING OTHER DIRECT COSTS) $27,760 OUTSIDE PROFESSIONAL— GEOTECHNICAL TESTING ALLOWANCE $16,000 TOTAL AMENDMENT NO. 2 $43,760 CONTRACT NO. C15-05-315 AND AMENDMENT NO. 1 AMOUNT 706 480 NEW AMENDED GRAND TOTAL CONTRACT NO. C15-05-315 AMOUNT (NOT TO EXCEED) $750,240 B-2 jj2154_Exhiblt Packet Pg. 384 CDM Smith 1701 Highway A-1-A, Suite 301 Vero Beach, Florida 32963 tel: 772-231-4301 fax: 772-231-4332 January 12, 2018 Mr. Ron Roberts Public Utilities Director St. Lucie County 6120 Glades Cut -Off Road Fort Pierce, Florida 34981 Subject: St. Lucie County Baling and Recycling Facility Phase IVA Design, Permitting, Bidding, and Engineering Services During Construction Contract No. C15-05-315 Amendment No. 3 Dear Mr. Roberts: CDM Smith is pleased to submit this amendment for additional professional engineering services to assist St. Lucie County (SLC) with extended engineering services during construction for the proposed Phase IVA Class I landfill expansion in accordance with the above referenced Contract. CDM Smith appreciates this opportunity to continue to assist St. Lucie County with your solid waste management program. If you have any questions, please do not hesitate to contact us. Sincerely, Approved by: Kevin N. Vann, P.E., BCEE Eric J. Grotke, P.E., BCEE Principal Environmental Engineer Vice President CDM Smith Inc. CDM Smith Inc. KNV/EJG/jj Attachments File: PW XM1 6277-110249.01.02 CI WATER+ ENVIRONMENT +TRANSPORTATION+ ENERGY FPacket Pg. 385 EXHIBIT A AMENDMENT NO. 3 TO CONTRACT NO. C15-05-315 ST. LUCIE COUNTY BALING AND RECYCLING FACILITY PHASE IVA DESIGN, PERMITTING, BIDDING, AND ENGINEERING SERVICES DURING CONSTRUCTION This Amendment No. 3, when executed, shall be incorporated in and become part of the Contract for Consulting/Professional Services between St. Lucie County (COUNTY) and CDM Smith Inc., (CONSULTANT), dated May 19, 2015 hereafter referred to as the Contract. RACKGROUND On May 19, 2015, CDM Smith was authorized to perform the design, permitting, bidding, and engineering services during construction of the proposed Phase IVA Landfill Expansion. The Phase 11113 Partial Closure is being performed concurrently with the Phase IVA Landfill Expansion under a separate Contract. Initial bids were received on December 21, 2016. In February 2017, the COUNTY rejected all bids due to unanticipated costs. The COUNTY contracted to procure the common fill material required for this project in order to obtain a lower unit cost than received in the bids. The project was rebid on July 9, 2017 without the common fill material included. Bids were received on August 9, 2017 and a contract was awarded to the responsible low bidder on September 19, 2017. During the rebidding, the COUNTY issued an addendum to extend the construction time by 30 calendar days. This Amendment is for performance of the additional engineering services during construction as requested by the COUNTY. SCOPE OF SERVICES Tasks 8 and 9 are amended as follows: TASK 8.0 RESIDENT SERVICES DURING CONSTRUCTION The activities performed under this task consist of providing resident representative during the construction and implementation of the project. Subtask 8.1 Activities performed under this task consist of furnishing a full-time Project Representative (PR) during the additional 30-calendar project duration (total of 240- calendar days from Notice to Proceed to Final Completion) to observe the performance of the work of the contractor. The level of work estimated for this Amendment No. 2 is 92 (23 working days X 4 hrs/day) labor -hours of project representative time based on an additional 1-month construction period. CONSULTANT reserves the right to request additional compensation, should construction extend beyond the 92 labor -hour period. TASK 9.0 LINER SYSTEM CONSTRUCTION QA/QC Activities performed under this phase consist of furnishing a full-time quality assurance/quality control (QA/CQ) field representative during landfill cell liner/leachate system construction. r M LO O LO r U a� E d am `0 2 Smith A-1 "2155_Exhlblt Packet Pg. 386 CONSULTANT will furnish one QA/QC representative during the installation of the geosynthetic liner system, which is estimated at 30 additional calendar days. This proposal is based on furnishing the QA/QC representative for 92 (23 working days X 4 hrs/day) labor hours based on an additional 30 calendar day (120 total calendar days) cell construction period. CONSULTANT reserves the right to request additional compensation, should the QA/QC representative hours exceed the additional 92 labor -hours. ASSUMPTIONS ■ Contractor will be responsible for reimbursing CONSULTANT for all overtime incurred by CONSULTANT for work performed outside normal working hours, which are defined as Monday through Friday, 8:00 am to 5:00 pm, in accordance with the Contract Documents. ■ CONSULTANT reserves the right to request additional compensation, should Final Completion of construction extend beyond the 8 months that is currently contracted as of receipt of the bids. ITEMS TO BE PROVIDED BY COUNTY ■ Site access. PAYMENT AND COMPENSATION Payments for the work performed under this Amendment No. 3 to Contract No. C15-05-315 as described herein shall be made based on the billing rates and direct subconsultant costs (plus General and Administration) in accordance with the terms of the CONTRACT with a Not -to -Exceed fee of $33,500 for a new total Not -to -Exceed fee of $783,740. CONSULTANT will submit monthly invoices for the work performed. SCHEDULE It is anticipated that all work will be completed by December 31, 2018. CONSULTANT will notify the COUNTY in the event that the work is delayed for any reason. M LO 0 LO r U CD E m am L 0 El Smith A-2 "2155_Exhlblt Packet Pg. 387 EXHIBIT B-1 ESTIMATED LABOR HOUR REQUIREMENTS ST. LUCIE COUNTY BALING AND RECYCLING FACILITY PHASE IVA DESIGN, PERMITTING, BIDDING, AND ENGINEERING SERVICES DURING CONSTRUCTION AMENDMENT NO. 3 Sr. Officer Officer Associate Pro II Pro I Project Admin Hours By Task Task 8.0 - Resident Services During Construction 1 1 16 46 46 8 118 Task 9.0 - Liner System Construction QA/QC 1 1 16 46 46 4 114 Total 2 2 32 92 92 12 232 Owl th B-1 112155-Exhibits_A Packet Pg. 388 EXHIBIT B-2 BUDGET ST. LUCIE COUNTY BALING AND RECYCLING FACILITY PHASE IVA DESIGN, PERMITTING, BIDDING, AND ENGINEERING SERVICES DURING CONSTRUCTION AMENDMENT NO. 3 PROJECT DESCRIPTION: As Outlined in the Scope of Services, Attachment A REFERENCE: Contract C15-05-315 between St. Lucie County Board of County Commissioners and CDM Smith Inc. Labor Category Hours Rate Total Sr. Officer 2 $240 $480 Officer 2 $230 $460 Associate 32 $220 $7,040 Professional)) 92 $140 $12,880 Professional) 92 $125 $11500 Admin Support 12 $95 $1,140 TOTAL HOURS 232 TOTAL AMENDMENT NO. 3 LABOR COST (INCLUDING OTHER DIRECT COSTS) $33,500 CONTRACT NO. C15-05-315 AND AMENDMENT NO. 2 AMOUNT 750 240 NEW AMENDED GRAND TOTAL CONTRACT NO. C15-05-315 AMOUNT (NOT TO EXCEED) $783,740 ��;��d�•_ B-2 „z13s Edhei L Packet Pg. 389 C15-05-315 8.R.3.c SECOND AMENDMENT TO MAY 19, 2015 CONTRACT BETWEEN ST. LUCIE COUNTY CDM SMITH, INC. THIS AMENDMENT, is made and entered into this day of , 2018, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County') and CDM SMITH, INC. or his, its or their successors, executors, administrators, and assigns (the "Contractor") WHEREAS, on May 19, 2015 the parties entered into a contract to provide for Professional Engineering Services for the design, permitting and engineering services for the Proposed Class I Landfill IV -A Cell; and, WHEREAS, on October 4, 2016, the parties executed the first amendment to the contract to revise the scope of work, increase the compensation by $14,340.00, and extend the project schedule to January 23, 2018; and, WHEREAS, the parties desire to further amend the contract to revise the scope of work, increase the compensation by $43,760.00 (forty-three thousand seven hundred sixty and 00/100 dollars), and extend the project schedule to December 31, 2018. NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: 1. The scope of services of the Contract shall now also include the additional services described in the Consultant's letter and amendment dated January 12, 2018, attached as Exhibit "A." 2. Forty-three thousand seven hundred sixty and 00/100 dollars ($43,760.00) shall be added to the payment amount for a maximum total Contract not to exceed $750,240.00. 3. The project schedule shall be amended for a completion date of December 31, 2018. 4. Except as amended herein, the remaining terms and conditions of the May 19, 2015 Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Amendment upon the terms and conditions above stated. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR Packet Pg. 390 8.R.3.c C15-05-315 WITNESSES: (1) (2) APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY CDM SMITH, INC. BY: PRINT NAME: TITLE: Packet Pg. 391 8.R.3.d C15-05-315 THIRD AMENDMENT TO MAY 19, 2015 CONTRACT ,n BETWEEN ST. LUCIE COUNTY c i CDM SMITH, INC. o uO THIS AMENDMENT, is made and entered into this day of , 2018, by c and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County') and CDM E a� SMITH, INC. or his, its or their successors, executors, administrators, and assigns (the "Contractor"). Q WHEREAS, on May 19, 2015 the parties entered into a contract to provide for Professional Engineering Services for the design, permitting and engineering services for the Proposed Class I Landfill IV -A Cell; and, WHEREAS, on October 4, 2016, the parties executed the first amendment to the contract to revise the scope of work, increase the compensation by $14,340.00, and extend the project schedule to January 23, 2018; and, WHEREAS, the parties executed the second amendment the contract to revise the scope of work, increase the compensation by $43,760.00 (forty-three thousand seven hundred sixty and 00/100 dollars), and extend the project schedule to December 31, 2018; and, WHEREAS, the parties to further amend the contract to revise the scope of work and increase the compensation by $33,500.00 (thirty-three thousand five hundred and 00/100 dollars). NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: 1. The scope of services of the Contract shall now also include the additional services described in the Consultant's letter and amendment dated January 12, 2018, attached as Exhibit "A." Thirty-three thousand five hundred and 00/100 dollars ($33,500.00) shall be added to the payment amount for a maximum total Contract not to exceed $783,740.00. 3. Except as amended herein, the remaining terms and conditions of the May 19, 2015 Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Amendment upon the terms and conditions above stated. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR Packet Pg. 392 C15-05-315 WITNESSES: (1) (2) APPROVED AS TO FORM AND CORRECTNESS: G T" M Lo O Lo COUNTY ATTORNEY U w c a� E a� a� L CDM SMITH, INC. Q Li C BY: r E PRINT NAME: Cn TITLE: Packet Pg. 393